HomeMy WebLinkAboutTC Ord 2007-06-06
RECORDING REQUESTED BY:
TIBURON REDEVELOPMENT AGENCY
WHEN RECORDED RETURN TO:
Tiburon Redevelopment Agency
c/o Town Clerk
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
NO RECORDING FEE PURSUANT TO
GOVERNMENT CODE SECTION 27383
ORDINANCE NO. 497 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
ADOPTING A DESCRIPTION OF THE PROGRAM FOR THE ACQUISITION OF
REAL PROPERTY BY EMINENT DOMAIN AND ADOPTING A REVISED
STATEMENT OF INSTITUTION FOR THE REDEVELOPMENT PLAN FOR THE
TIBURON REDEVELOPMENT PROJECT AREA AND
TAKING RELATED ACTIONS
WHEREAS, the Town Council of the Town of Tiburon adopted the Tiburon Project Area
Redevelopment Plan by Ordinance No. 279 N. S. adopted on November 28, 1983 (the
"Redevelopment Plan", establishing the Tiburon Redevelopment Project Area (the "Project
Area"); and
WHEREAS, the Project Area is situated in the County of Marin, State of California, as
set forth in the Redevelopment Plan for the Tiburon Redevelopment Project, recorded on
December 27, 1983 as Recorder's Serial No. 83-65111, of Marin County Records; said Project
Area being more particularly described on Exhibit A attached hereto; and
WHEREAS, the Redevelopment Plan authorizes the use of eminent domain under
specified circumstances to acquire real property by the Redevelopment Agency of the Town of
Tiburon (the "Agency"); and
WHEREAS, SB 53 added Health and Safety Code Section 33342.7 to the Community
Redevelopment Law, which requires the Town Council to adopt by ordinance a description of
the Agency's program to acquire real property by eminent domain; and
WHEREAS, the Agency has prepared the required description of the program (the
"Acquisition Program") which is attached to and incorporated in this Ordinance as Exhibit B;
and
Town of Tiburon
Ordinance No. 497 N. S.
Effective 07/06/2007
Page 1
\\
WHEREAS, the Agency has prepared and submitted and the Town Council has reviewed
and considered the staff report on this Ordinance; and
WHEREAS, the Agency staff has prepared and submitted to Town Council for review
and adoption a CEQA Notice of Exemption for the Ordinance; and
WHEREAS, the Town Council has held duly-noticed public hearings on this Ordinance
on May 2,2007 and May 18,2007; and
WHEREAS, SB 1809 added Health and Safety Code Section 33373(c) to the Community
Redevelopment Law, which requires the Agency to record a revised Statement of Institution
which includes a description of the Agency's program to acquire real property by eminent
domain (the "Statement"); and
WHEREAS, Agency staff has prepared and submitted the Statement to the Town Council
for its review and approval and said Statement is attached as Exhibit C hereto.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF TIBURON:
Section 1.
true and correct.
The Town Council hereby finds and declares that the above recitals are
Section 2. It is hereby found and determined that the adoption of this Ordinance is
required by law is thus necessary and desirable.
Section 3. In compliance with Health and Safety Code Section 33342.7, the
description of the Agency's Acquisition Program for the Project Area, as set forth in the attached
Exhibit B, is hereby approved and adopted.
Section 4. The Town Council hereby approves the CEQA Notice of Exemption. and
directs the Town Clerk to file the Notice of Exemption with the County Clerk of the County of
Marin.
Section 5.
attached hereto.
The Town Council hereby approves the Statement set forth in Exhibit C
Section 6. The Town Clerk is hereby directed to file a copy of the Ordinance, CEQA
Notice of Exemption and Statement with the minutes of this meeting. Copies of this Ordinance
and the Statement shall be transmitted to the Agency and the Agency is vested with the
responsibility of implementing the Ordinance.
Section 7. The Executive Director of the Agency is hereby directed to record the
Ordinance and the Statement in compliance with the provisions of Health and Safety Code
Sections 33342.7 and 33373(c), and Government Code Section 27295.
Town of Tiburon
Ordinance No. 497 N. S.
Effective 07/06/2007
Page 2
Section 8. If any provision, section, subsection, subdivision, sentence, clause or
phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining portion or portions of the Ordinance.
Section 9. This Ordinance shall take effect and be in full force from and after thirty
(30) days from the date of its final passage.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Tiburon on May 16, 2007, and was adopted at a regular meeting of the Town Council of the
Town of Tiburon on June 6,2007, by the following vote:
AYES:
COUNCILMEMBERS:
Berger, Fredericks, Gram, Slavitz
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
Dr
Town of Tiburon
Ordinance No. 497 N. S.
Effective 07/06/2007
Page 3
EXHIBIT A
Pro ject ;.re a
Tiburon Redevelo~ment Plan
All those certain areas situated in the Town of Tiburon,
County of Marin, State of California, described as follows:
Area tlAu
Beginning at the most southerly.comer of Parcel 1 .as said
parcel is. shown on the map entitled "Hap of Belveron Gardens
Unit One, Marin County"Calif9rnia, recorded in April, 1950
. -. .-
in Volume 7 of Official Haps Page 2, Harih County Records,
said Point of Beginning also being on the northerly right-ai-way
line of Tiburon Boulevard (State Highway 131) and on the easterly
line.of the forme~ Northwestern Pacific Railroad Company right-
of-way, thence leaving said northerly right-or-way line of
Tiburon Boulevard' and easterly right-of-way li~e ofNorth~ewstern
Pacific Railroad Company along the westerly right-ai-way line of
Trestle Glen Boulevard North 790 181 East, 1.65 feet to a point;
thence from said point along a circular curve to the left the
center of which bears North 100 42' West a radius of 185 feet,
through a central angle of 450 41' 00", an arc length of 147.51
.feet to a point; thence from said point North 330 37' East,
199.31 feet to a point; thence leaving ~aid westerly line of
T.:::estle Glen Boulevard South 560 23' East, 60 feet to' a point
.on the'easterly right-of-way line of Trestle Glen Bouleva=c,
thence along said line South 330 37' West, 148.88 feet to a
point; thence f~om said point along a circular cu~ve to the
left the center of which bears South 560 23' East, a racius of
120 feet, through a central a~gle of 550 59', an arc length of
117.25 feet to a point; thence from said point South 22C 22'
East, 140.21 feet to a point on the northerly right-of-~ay line
of Tib~=on Boulevard; thence leaving said ecsterly line of
,
Ti~stle Glen Boulevard and the no~therly right-of-~2Y line'
of Tiburon Boulevard, South 67038' I'lest, 30 feet to point "X",
point '''X'' being o'n the centez:line of Tiburon BO?levard rigl:t-
of-way, which is 60 feet wide; thence continuin9 along bearing
South 67038' West, 30 feet to a point on the southerly right-
of-way line on Tiburon Boulevard, said point also being a ,
Doint on curve; thence from said point along a ci.r:cular curve
".to the left, the center of which bears South 67038" ..iest, a
radius of 185 feet, through a central angle of 61006121n, an
arc length of 197.30'feet to a point; thence leaving said
southerly line of Tiburon Boulevard, North 3028'21" ~.iest, 62
feet to the Point of Beginning.
Area IIB"
Besinning at Point !IX", as said point is described in the
above description of 'pxea IIAu, Point "X" being on the cente=
line of a 60 feet wide right-oi-way of Tiburon Boulevard,
lying 30 feet on either side of said centerline, the centerline
of said right-of~way (Redevelopment Area) being described
as follow.s:
Beginning at said Point "X" and running along a circular curve
to the right the center of ~hich bears South 670381 West, with a
radius of 215 feet, through a central angle of 36004130", an
'arc length ofl3S.37 feet to a point, thence from said point
South 13042'30" West, 154.S4 feet to a point; thence from said
point along a circular curve to the left the center of which
.
bear 5 North 76 017 130" \'7e st, a radius of 500 feet, through a
central angle of 35045130", an arc length of 312.05 feet to a
point; th~nce from said poi~t along a circular curve to the
left t said curve having COI:'"l.:~on tangent ',vi th the previous cu=ve
at said point, with a radius of 1372.4 feet, through a cen~ral
angle of 13028 130" I . an arc length of 322. 78 feet to a point;
thence .from said point along a circular curve to the left, said
curve hav ing a COITu"7l0n tangent \.;i th the previous curve at said
point, .a radius of 2308
~ .
tee":.,
through a centrcl angle of
J.
1048'.., an arc le:1gth of 72.51 feet to a POir:ti thence
from said point South 37019' 30" East, 222.19 fe,et to a
point; thence from sa~d point along 'a circular ~urve to the
left the center of Yi'hichbears North 52040' 30" East, a radius
of 4050 feet, through a central angle of 2006'00', an arch
length 9f 148.44 feet to a point, thence from said point along
a circular curve to the left, said curve having a co~~on tangent
with the previous curve at said point, a radius of 2805 feet,
through a central angle of 13054', an arc length of 680.50 feet
to a point; thence from said point along a circular curve to
the left, said curve having a common tangent with the previou:s
curve at said point, a radius of 1000 feet, through a central
angle of 20046'30", an arc length of 362.59 feet to a po.int;
thence from said point',.' South 74006' ."'Ea~t, .122'.92 feet to a
point; .thence from sa~d point along a circular curve to the
right the center of which bears South 15054' West, a radius
of 500 feet, through a central angle of 53012' 01", an arc
length of 464.26 .feet to a point; thence from said point
South 20054' East, 133.53 feet to a point; thence .from said
point along a circular curve to the left the center of'which
bears North 69006' East, a radius of 500 feet, through a central
angle of 63030', an arc length of 554.14 feet to a point;
thence from said point .south" 84024" East, 100 feet to a point;
thence from said point along a circular curve to the right, the
center of whic~ bears South 50361 West, a radius of 500 f~et,
through a central angle ~f 53000', an arc length of'462~51 fe~t
to a point.; thence from said point South 310241 East, 564.95
feet t? a point; thence from said point along a circu1a~ cu=ve
to the left( the center of which bears North 58036' East, a
radius of 1000 feet, th::-ough a central angle of 17041'30", an
arc length of 303.78 feet to a point; thence from said point
South 49005'3011 East, 119.98 feet to a Joint: thence from said
point along a circular curve to the right, the cente~ of which
be a r 5 SOU t h ~ 0 0 5 4 I 3 0 II \'i e 5 -t, a r ad ius 0 f 11, 5 14
.. ..
ree...,
through a
1 1 .. 203""
centra ang e O! ~,
an, a=c length of ~19.14 feet to a point;
3
thence from said point along a circular curve to the riSht
said curve having a comrnon tangent with the preVious curve
at said POint, a radius of 2920 feet, through a ~entral
anSle of 6002' 30", an arc length 307.91 feet to .,a POint;
thence from said. Point SOuth 4002B' East, 90B.90 feet to.
POint "1''', said Paint "1''' being the Point of Beginning of
a circular curve to the left, with a radius of 1750 feet,
said point also being the point of beginning of BO feet wide
right-of-way of.Tiburon Boulevard, (the northerly right-ot-way
line being 50 feet from said point and the SOutherly right-
Of-way line being 30 feet from said point).
Area"c"
feet
Beginning at POint "1''' as said point Paint is described 1:1
the above description of Area "B", thence from said POint "x"
SOuth 49032' West, 30 feet to a point, said point being on
the Southerly right-of-way line of Tiburon BOUlevard (State
RiShw~y 131), thence from said point along the Southerly
right-of-way line of Tiburon Boulevard along a circular curve
to the left, with a radius of 1780 feet (t), an arc length of
691.55 feet If), to a POint; thence from said point SOUth
62054' East, 1157.95 feet to a Point; thence from said point
along a circular curVe to the right, the center of which bears
South 27006' West, with a radius of 1463 feet through a central
-angle of 330.21 '., an arc length of B47. 99 feet to a Point; thence
from said point South 29033' East 365.08 feet to a Point; thence
.from sala Point along a CircUlar curve to the left, the center
of Whi~h bears North 60027' East, with a radius of 927.37 feet,
through a central angle of 7043' 22" (:t), .an arc length of 125
( :t) to
325.70
..... .... h - . .. .
a pOln~; ~.ence rrom sa~Q pOlnt
South 25030'30"
East
feet to a Point; thence from said Point along a
'. ..... S ..... :::::30_'6'~O"
from sa~Q pOln~ ou~h ~ ~
cirCular curVe to the left, the center of which bears Ncrth
64029'30" East, with a radius of 1050 feet, through a central
angle of 27046', an arc length of 508.B5 feet to a Point; thence
'+
East, 496.52 feet to a Point;
thence. f=o~ saic point along c circ~lar curve to the left, the
center of \.:hich bears South 36043'30" ~'~est, with a =acius of
1050 feet, through a central angle of 10013117", an arc length
,
of 187.32 feet to.c point; thence from said point, along a
circular curve to the right, having a CO!7L"TIon tang.ent. \o,'it"h the
previous curve at said point, a radius of 950 feet, through a
central angle of 10015'48", an arc length of 170.17 feet to a,
point; thence from said point South 53019' East 179.75 f~et to
i point of intersection with the most southerly right-of-way
line of Tiburon Boulevard, and the most northwesterly right-of-
way line of Beach Road, thence from said point of intersection
along the said most southerly right-of-way line of Tiburon
Boulevard, South 53019' East, 80 feet (t) to a point of inter-
section of northeasterly right-of~way line of Beach Road .and
most southerly right-of-way line o~ Tib~ron Boulevard, thence
from said intersection point South 53019i East, 925.20 feet
to a point of intersection of rnostnorthwesterly right-of-way
line of Juanita Lane and most southerly right-or-way line of
Tiburon Boulevard; thence from said intersection Doint South
. .
53019" East, 30 feet (:!:) to the intersection point of most
northeasterly right-af-way line of Juanita Lane and most
southerly right-of-way line of Ti~uron .Boulevaid, thence from
said intersection point South 53019'East, 107.64 feet (:!:) to
the intersection point of most "northwesterly right~of-way line of
' .
Main Street and most southerly right-of-way line of TiburonBoule-
vardi thence leaving said most southerly right-ai-way line of
Tiburon Boulev~id, South 53019' East, 52.80 feet (i) to a point
on most southerly right-ai-way line of Main Street, the~ce froill
.said po~nt"along said southe~ly ri~ht-of-way line North 70010'30"
East, 60 feet; thence leaving said southerly right-of-way line
of Main Street South 19049' E~s~, 240.07 feet; South 1005' West,_
250.60 feet.i East 806.50fee~; South 830 East, 438.90 feet;
North 610451 East, 195.60 feet; North 41053' West, 6~.64 feet (!)
to a point on the nast southe~ly right-c~-~ay line 0: P2radise
Drivej thence along said southerly right-ai-way line North 69010'
'East, 119.88 feet; North 50014' East, 131.32 feet; North 16054'
East, 244.38 feet to a point; the~ce leaving said southerly
5
~ ~h - cen~r~' ~ng_'e 0'_: ~20201,
Leet, '- rough <: . ~_ ~_~. _ ~
righ~~of_~ay line of ?aradise Drive North 72"33' West, 40 feet It
~o a point on the most northerly right-oi-way line Of Paradise
Drive, thence leaving said point and line North 72"33' West,
'. ,
748 feet Ii) to a point On the SOutherly right-o~_way line of
Mar West Street; thence leaving said point and l~ne North 16"52'
East, 50 feet to a point on the most nOrtherly right-at_way line
of Har Ivest Street, thence along said nOrtherly right-at_way J,ine
North 73"08' West, 150 feet It) to a point of interSection at
the northerly right-ot-way line of Mar West Street and most South-
easterly right-of_way line of Las LOmas Lane; thence from said
paint of interSection along said northerly right-of-way line
North 73"08' West 38.feet It) to the Point of interSection of
northerly rig~t-of-way line of Mar West ar.d Southwesterly
right-ot-way line of Las Lomas Lane, thence from said Point ot
. interSection North 73" 08'~' West, 290. feet (i); NC)l:"tb 52" 17 r West,
. .
378 feet Ii); North 7"42' West 310.5 feet; North 18"47' West,
105.7 feet; North 46054' West, 92.11 feet; North 65047' West,
63.73 feet; North 83007' West, 80 feet; North 87058' West,
160 feet to the Point of interSection of northerly right-ot-way
line of Mar West Street and the SOutheasterly right-oi_way li~e
of Esperanza Street, thence from the said Point of interS~ction
along said nOrtherly right-ot-way_ line of Mar West Street 50
feet (i) to the Point of interSection of nOrtherly right-ai_way
line of Mar West Street and the northwesterly right-of_way line
oi Esperanza Street; thence from said Point of interSection South
54"03' West, 65 feet; North 59049' West, 200 feet, North 67" West,
~2.5 feet Ii) to a point; thence from said ~Oint along a circul~r
curve to the right, along the nOrtheasterly right-of-way line of
Nar h'est Street, an arc length of 49.56 feet It) to a Point;
thence from said Point North 10"20' West 93.5 feet to a Point;
thence from said point along a CirCUlar cUrve to the right, the
center of ~hich Dears North 7g"4Q' East, ~ith a radius of 40
.', ..
feet to a Point, thence from said Point North 430 East, 185.90
feet; North 3301J' East, 49.19 feet to a POint; thence from
said Point along a cirCUlar cUrve to the left along the most
easte::-Iy riS"ht-of-.....ay line of !'lar 1.lest Street 'With an arc length
.~n arc len~th of 36.54
6
.... .
.
of 57.6 feet to a point; thencefrorn said point Ncrth 3'11' West,
78 feet to the point of intersection of northeasterly right-of-way
line of Har lvest Street and the most Southwester.ly right-of-way
line of Esperanza Street, thince from said point ,of intersection
along said northeasterly right-of-way line of Mar West Street
along a circular curve to the left, a radius of 305 feet to the
point of intersection of the northeasterly right-oi-way line ~
Mar West Street and the most.nort~esterly right-oi-way line of
Esperanza Street; thence from said point of interSection along
said circular CurVe to the left haVing a radius of 305 feet, an
I
arc length of 150.75 feet to a point; thence from said point
North 43003' West, 189.64 feet to a Point; thence from said Point
along a circular curve to the le~t, the center of which bears
South 46057' West, a radius of 230 feet through a central angle
. of 78 005' 57", an arc le'ng"1:h Of' 325.56 feet to. a point; thence
from said point South 55051' West, 577.66 feet to a ~int;
thence from said point along a circular curve to the right, the
center of which bears North 34009' West, with a radius of 420 fiet
through a central angle of 50047', an arc length of 372.25 feet
to a point; thence from the said Point North 73022' West, 166.4
feet to a point; thence from said Point along a. circular curve
to the right, the center of which bears North 16038' East, with a
radius of 355 feet, through a central angle of 16045'40", an arc
length of 103.85 feet to the Point of intersection of northerly
right-oi-way line of Mar West Street and northerly right-of-way
line of Tiburon Boulevard; thence from the said Point of inter-
~ection along the northerly right-of-way line of Tiburon Boule-'
vard North 24004' 3D" West, 4 .17 feet to a point; thence from s'aid
point a~ong a circular curve to the left the center of which bears
South 65053'30" Nest, a radius of 1050 feet through a central angle
~
of a044'08", ~ arc length of l6o~09 feet to the POint of inter-
section of northerly right-oi-way line of Tiburon Boulevard and
. .c T.J' 0 k D' "'h .c . .. '.1.. r=
the centerl:l.ne 0... "arDor a - r~ve; '- .enr 2 ...rcm sa~Q pO~n~ o~
intersection along said northerly right-of-way ,line of Tiburon
Boulevard and continuing along said circular curve to the left,
e radius of 1050 feet t~rough a central angle of .; 029 '22", an
1 ....
-engl...l1
of 82.27
feet. to
a point;
thence
r':-om saic point.
arc
1-
~~ort.h 37 c 20' \'~est, 668. 50 feet to the poin~ c: intersection c:
the southeasterly right-of-way line of Lyfo=d D=ive ana the
northerly right-ai-way line of Tiburon Boulevard; the~ce fro~
,
said point of intersection ~long said northerlY~ight-Of_w2Y line
of Tiburon Boulevard North 29044'10" East, 919.0;1 feet to a ?oint
on the southeasterly right-oi-way line of Lyford Drive; thence
leaving said right-of-way line North 60015~50" West, 65 feet ~o
a point on the northwesterly right-of-way line of Lyford Drive;
t.hence leaving saidright-of-....ay line' North 580 50 I 20" West 591. 82
feet; North 150121 East, 90 feet; North 76046'07" West, 147.96
feet; and South 56005130" Vlest, 142.62 feet to a point on the north-
easterly access easement line of Upper Hilarita Drive; thence
along said northeasterly easement line on a circular'curve to the
right, the center of which bears South 270061 West, a'radius of
128 feet, through a centra 1 angle of 80.019 '28", an arc length of
l79.45 feet to a point; thence from said point along a circular
curve to the right, said curve having a co~~on tangent with the
previous curve at said point, a radius of 370 feet through a central
angle of 39040'32", an arc length of 256.21 feet to a point; thence
from said point South 57006' Kest, 101.50 feet to a point; thence
from said point along a circular curve to the left, the cehter of
which bea::-s South 32054" East, a Tadius of 380 feet, through
a central angle of 27030', an arc length of 182.39 feet to
a point; thence leaving said northeasterly access easement
line North 60024' West, 55 feet to a point; thence from said
point along a circular curve to the left, the center of which
bears South.'60o~4' Eas-t::, a radius of 43:5 feet, through a centr~l
. .
angle of 2030', an arc length of 18.98 feet to a poi~t; thence
.from said point South 27006' West, 56.14 feet to a point on
the northerly right-af-way line of Tiburon Boulevard; thence
along said northerly right-of-way line North 62054' West,
l030.75 feet to a point; the~ce from said point along a circular
curve to the right, the center of which ~)ears North 27006' East
a radius of 1700 feet, through a central angle of 22026', an arc
length of 665.61 feet to a point; thence leaving said northerly
right-of~way line of Tiburon Boulevard, South 49032' West
50 feet to Point ~Y't, said point being the point of beginning
...
.
. 0 f .t-. rea oil C "..
g,
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EXHIBIT B
PROPERTY ACQUISITION BY EMINENT DOMAIN POLICY
The Tiburon Redevelopment Agency is authorized to acquire or obtain options to acquire real
property located within the Project Area by gift, devise, exchange, purchase, eminent domain or
any other lawful method whatsoever for the purpose of providing needed land for construction of
any of the improvements set forth in Section A of the Redevelopment Plan for the Tiburon
Redevelopment Project or for development of moderate-income housing.
Since it is in the public interest and is necessary for the elimination of those conditions requiring
redevelopment, the power of eminent domain may be employed by the Agency to acquire real
property in the Proj ect Area.
Prior to any acquisition through eminent domain, the Agency shall adopt a resolution declaring a
need to acquire any specific property and authorizing the acquisition by such method.
The Agency is not authorized to acquire real property owned by public bodies which do not
consent to such acquisition. With the exception set forth below, the Agency is authorized,
however, to acquire property devoted to a public use, if it is transferred to private ownership
before the Agency completes land disposition within the Project Area.
As described in Part IV.A of the Redevelopment Plan for the Tiburon Redevelopment Project,
the Town Hall and Reed School properties have been included in the Project Area as possible
sites for future Agency-assisted moderate-income housing should the use of those properties by
the Town and the Reed School District be discontinued. The Agency may not acquire these
properties from the Town or the School District without the consent of those public bodies. As a
further imitation on the Agency's land acquisition authority, the Agency may not acquire the
Reed School property by the power of eminent domain from any non-public entity to which the
School District may transfer the property in the future.
EXHIBIT C
REVISED STATEMENT OF INSTITUTION OF REDEVELOPMENT PLAN
THE PROPERTY THAT IS SUBJECT TO THIS STATEMENT IS IN A
REDEVELOPMENT PROJECT AREA (THE "PROJECT AREA")
The Proj ect Area is subj ect to the Redevelopment Plan for the Tiburon Redevelopment Proj ect
Area (the "Redevelopment Plan"). The Project Area is situated in the County of Marin, State of
California, and is more particularly described on Exhibit "A" to the Redevelopment Plan for the
Tiburon Redevelopment Project, recorded with the Marin County Recorder on December 27,
1983 as Serial No. 83-65111, of Marin County Records.
Proceedings for the redevelopment of the Project Area have been instituted under the
Redevelopment Plan and the California Community Redevelopment Law (Health and Safety
Code Section 33000 et seq.).
The Redevelopment Plan authorizes the use of eminent domain by the Redevelopment Agency
of the Town of Tiburon (the "Agency") in the Project Area as set forth on pp. 18-20 of the
Redevelopment Plan for the Tiburon Redevelopment Project, recorded with the Marin County
Recorder on December 27,1983 as Serial No. 83-65111, of Marin County Records, as generally
described below:
PROPERTY ACQUISITION BY EMINENT DOMAIN POLICY
The Tiburon Redevelopment Agency is authorized to acquire or obtain options to acquire
real property located within the Proj ect Area by gift, devise, exchange, purchase, eminent
domain or any other lawful method whatsoever for the purpose of providing needed land
for construction of any of the improvements set forth in Section A of the Redevelopment
Plan for the Tiburon Redevelopment Project or for development of moderate-income
housing.
Since it is in the public interest and is necessary for the elimination of those conditions
requiring redevelopment, the power of eminent domain may be employed by the Agency
to acquire real property in the Proj ect Area. .
Prior to any acquisition through eminent domain, the Agency shall adopt a resolution
declaring a need to acquire any specific property and authorizing the acquisition by such
method.
The Agency is not authorized to acquire real property owned by public bodies which do
not consent to such acquisition. With the exception set forth below, the Agency is
authorized, however, to acquire property devoted to a public use, if it is transferred to
private ownership before the Agency completes land disposition within the Project Area.
As described in Part IV.A of the Redevelopment Plan for the Tiburon Redevelopment
Project, the Town Hall and Reed School properties have been included in the Project
Area as possible sites for future Agency-assisted moderate-income housing should the
use of those properties by the Town and the Reed School District be discontinued. The
Agency may not acquire these properties from the Town or the School District without
the consent of those public bodies. As a further limitation on the Agency's land
acquisition authority, the Agency may not acquire the Reed School property by the power
of eminent domain from any non-public entity to which the School District may transfer
the property in the future.
The Agency's authorization to commence any eminent domain proceedings with respect to the
Redevelopment Plan has technically expired.
Dated: June 6, 2007
Redevelopment Agency of the Town of Tiburon
Margaret A. Curran, Executive Director