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2009-32 RESOLUTION NO. 2009-32 A RESOLUTION OFi THE CITY OF GRAND TERRACE, CALIFORNIA SETTING FORTH AN EXPLANATION FOR THE PURCHASE OF PORTIONS OF APN: 1167-121-03 & 1167-121-04 FOR RIGHT-OF- WAY ON THE BARTON ROAD OVERHEAD BRIDGE PROJECT. WHEREAS, pursuant to Federal-Aid, Policy Guide, Subpart B-Real Property Acquisition Basic Acquisition Policies, Subsection 8, where Federal funding participation in an initial offer that exceeds the amount of the approved appraisal is permissible if the file contains an appropriate explanation. WHEREAS, an explanation is hereby established and placed in the file of the Barton Road Overhead Bridge Project explaining why the City Council elects to make an initial offer that exceeds the amount of the appraised value on portions of Assessor Parcel Numbers 1167-121-03 and 1167-121-04, located in the City of Grand Terrace, and: WHEREAS, the City Council may establish a higher initial offer on a property that has been appraised if the cost to acquire the property through eminent domain proceedings is more costly than a higher offer on the property being purchased, and: WHEREAS, the City Council may establish a higher initial offer on a property that has been appraised if the time to conduct eminent domain proceedings would hinder the project and prevent the project from moving forward in a normal manner, and: WHEREAS, the Fair Market Value for Property Rights Acquired on Assessor's Parcel Numbers 1167-12103 and 11677121-04 also exhibited in the Summery Appraisal Report File No. 2008.25, West Barton Road Bridge Overhead Project (54C-0379) is valued at $34,045. City Council elects to increase the offer for the subject property to $45,000.00 not including any additional unknown minor escrow closing costs. NOW THERFORE, BE IT RESOLVED, the City Council has directed Steve Berry, City Manger to further review appraisals and to make an offer of$45,000 to Barton Property, LLC. for the right-of-way needed to construct portions of the Barton Road Bridge Project. RESOLVED FURTHER, based upon its conclusion that the payment of $45,000 plus escrow costs for the property is ;less than the cost of acquisition through eminent domain. �' PASSED, APPROVED AND ADOPTED this 14'b day of July 2009 PASSED, APPROVED AND ADOPTED this 14`h day of July 2009 i Maryetta Ferre Mayor ATTEST: Brenda Mesa City Clerk Approved as to form: City Attorney i i i ti I,BRENDA MESA, CITY CLERK of the City of Grand Terrace, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 14"'day of July, 2009 by the following vote: AYES: Councilmembers Cortes,Miller and Stanckiewitz;Mayor Pro Tem Garcia and Mayor Ferre NOES: None ABSENT: None ABSTAIN: None City Clerk