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Home My WebLink AboutResolution No. 06-6954 - Condemn 12632, 12961, ect. Lakewood & lease 8850 ImperialRESOLUTION NO. 06-6954 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING CONDEMNATION OF PORTIONS OF REAL PROPERTY LOCATED AT 12623, 12631-12639 LAKEWOOD BOULEVARD AND 8818-8832 IMPERIAL HIGHWAY; AND AT 12961 LAKEWOOD BOULEVARD; AND OF THE LEASEHOLD INTEREST IN THE PROPERTY LOCATED AT 8850 IMPERIAL HIGHWAY. WHEREAS, the properties described below are to be acquired for a public use, namely, public road and highway purposes and all purposes necessary and convenient thereto; and; WHEREAS, the City is authorized to acquire the properties described below by eminent domain pursuant to Article 1, Section 19 of the California Constitution, Government Code Sections 37350.5 and 40404, and Code of Civil Procedure Sections 37350.5 (the California Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.110 and 1240.120, and other provisions of the law; and WHEREAS, the portions of the properties and the leasehold interest in the property to be acquired are identified as Los Angeles County Assessor Parcel Numbers 6263-014-015, 6263-001-011, and 6263-001-900, City of Downey, County of Los Angeles, California; are more particularly described on Exhibits “A“ through “C” hereto; and are shown on the respective maps attached to Exhibits “A'’ through “C”, which exhibits are incorporated by this reference; and WHEREAS, notice was given to the affected property owners and tenant in accordance with Code of Civil Procedure Section 1245.235 of the date, time and place where the matters addressed herein would be heard and considered by the City Council; and WHEREAS, on November 28, 2006, the City Council held a duly noticed hearing pursuant to the terms of Code of Civil Procedure Section 1245.235 and said hearing was concluded prior to the adoption of this Resolution; and WHEREAS, all legal prerequisites have occurred prior to the adoption of this Resolution; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1 :In all respects as set forth in the above recitals of this Resolution; SECTION 2: That the properties, or interest in property, which is required for the purposes referenced herein, are situated in the County of Los Angeles, State of California, and are more specifically outlined in the legal descriptions and maps attached hereto as Exhibits “A“ through “C” and incorporated herein by this reference; SECTION 3: On the basis of the information contained in the Agenda Memo to the City Council dated November 28, 2006 which is incorporated herein by this reference, and all other RESOLUTION NO. 06-6954 PAGE TWO evidence and testimony presented to the City Council either prior to or on this date, the City Council of the City of Downey declares that it has found and determined each of the following: A.The public interest and necessity require the proposed project; and the proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and B The properties described in this Resolution are necessary for the proposed project; and that either the offer required by section 7267.2 of the Government Code has been made to the owner or owners of record , or the offer has not been made because the owner (s) cannot be located with reasonable diligence. SECTION 4: As to any portion of the properties that is currently appropriated to a use, the use for which the properties is taken is a more necessary public use than the use to which the properties is presently appropriated. The City of Downey is empowered to acquire the properties for a more necessary public use pursuant to Section 1240.610 of the Code of Civil Procedure SECTION 5: The City of Downey hereby declares its intention to acquire the properties described in Section 2, above, by proceedings in eminent domain. The law firm of Oliver, Sandifer & Murphy is hereby authorized to bring an action in the Superior Court of the State of California for the County of Los Angeles, in the name of the City of Downey against all owners and claimants of the property described herein to condemn the fee title to said property for public road and highway purposes and all uses convenient and necessary thereto, and to do all things necessary in its opinion to prosecute said action to its final determination in accordance with the provisions of law applicable thereto. The aforesaid special eminent domain counsel is specifically authorized to take whatever steps and/or procedures are available to them under the Eminent Domain Law of the State of California (Code of Civil Procedure, Title 7, Chapters 1-12, Sections 1230.010 - 1273.050). BE IT FURTHER RESOLVED that the City Clerk shall certify to the passage and adoption of this Resolution; shall cause the same to be entered among the original Resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted. APPROVED AND ADOPTED this 28th day of November, 2006. MM®,hl#R\\MI MEREDITH H. PERKINS, Mayor ATTEST: / r ; RESOLUTION NO. 06-6954 PAGE THREE I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 28th day of November, 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN : 4 Council Members: Cartozian, Gafin, Trejo, Mayor Perkins 0 Council Member: None 1 Council Member: Bayer 0 Council Member: None gM,aNn£ddM4a KATHLEEN L. MIDSTOKKE, City Clerk RESOLUTION NO. 06-6954 PAGE FOUR Exhibit “A“ HUITr-coLLARS HUITT-ZOLLAR$ 1NC e 430 Exchange e SUite 200 B Irvine, CA 92602-1315 . 714.734.5100 phone 1 714.734.5155 fax 8 hultt.:ollor t.com 10-1300-08 (A) 03- 14-06 Revised 11-14-06 LEGAL DESCRIPTION RIGHT OF WAY ACQUISnION LAKEWOOD BOULEVARD A.P. NO. 6263-014-015 That portion of Lot 1 of Tract No. 11347, in the City of Downey, County of Los Angeles, State of California, as shown on the Map Bled in Book 241, Pages 46 and 47 of Maps, in the once of the County Recorder of said County, described as follows: Beginning at the most Southerly corner of said Lot 1; thence along the Southwesterly line of said Lot 1 North 60'>01'12" West 47.17 feet; thence leaving said Southwestwly line South 68'’13'26" East 7.01 feet to a line being parallel with and 41.00 feet Northeasterly of the centerline of Gardendale Street as shown on said Tract No. 11347; thence along said parallel line South 60'’01'12" East 29.43 feet; thence leaving said parallel line North 72'’19'42" East 26.23 feet to the beginning of a non-tangent curve concave South%sterly having a radius of 2058.00 feet, said curve being concentric with and 58.00 feet Northwesterly of the centerline of Lakewood Boulevard as shown on said Tract No. 11347, a radial line of said curve to said point bears North 65'’35lj6'’ West; thence Nodheasterly 97.80 feet along said curve through a central angle of 2'’43'22" to the Nutheasterly line of the land described in the deed recorded as Instrument No. 99-1876305 of O#rcial Records, in the of6ce of said County Recorder, said line being parallel with and 120.00 feet Southwesterly of the Nodhwsterly line of said Lot 1; thence non-tangent along said Northcasterly line South 58'>20'07" East 8.03 feet to the Southeasterly line of said Lot 1, said point being on a non-tangent curve concave Southeasterly having a radius of 2050.00 feet, a radial line of said curve to said point bears North 62'’52'57" West; thence leaving said Northeasterly line along the Southeasterly line of said Lot 1, the following courses: Southwesterly 101.07 feet along said curve through a central angle of 02'’49'29" and non-tangent South 72'01'03" West 22.77 feet to the point of beginning. Containing an area of 1,045 square feet, more or less. Subject to covenants, conditions, reservations, restdctions, rights of way and easements, if any, of record. aa(f /:d&=J JAMES L. GARVRq, PLS 6343 q/10-13(X>4)8/#1/6263-014+>15/zkgrk RESOLUTION NO. 06-6954 PAGE FIVE Exhibit “A“ re PRIscILLA STREET =n== I N5820'07-'W NE'LY LINE LOT I bfy \ L NE'LY UNE \NST. NO. ; li geLOT y I Incl M)a -J -J B 4 7 MB, 2 4 1 / 4 6 - 4 N7219'42-E _Ng!! Y UNE L?f6gly26-w 7.Ol N60'Of'12-W 29.4Y inT N60VI '1 2-Wrfa %@4a =V tbQqB9 uosr S'LY CORN8R r-- N60DI'12-W GARDENDALE STREET HUITr-ZOLLAB SKETCH TO ACCOMPANY A LEGAL DESCRIPTION M M Hunt-zall8r8. Ina kVlne 430 ExcharUO, 8LIRa 200, Wine CA 92602-13CD Phono (Fn) 734-5KX> Fax no 7:K-5155 Fa LAKEWOOD BOULEVARD WmrJ–ma f& c#,ada,c, ll;14'zcql A.P. NO. 6263-014-015 He Na IO-1 300-08 I \EX\130008£XOI.DWG RESOLUTION NO. 06–6954 PAGE SIX Exhibit “B” HuITr-coLLARS HUITT'ZOLLARS INC 1 430 Exchange 1 Suite 200 1 Irvine, CA 92602'131S 1 714.734.5100 phone ' 714.734.5155 fax f huitt'=ollar s.com 10-1300-02 (A) 09-22-03 Revised 12-07-05 LEGAL DESCREPTION RIGHT OF WAY ACQUIsrrION LAKEWOOD BOULEVARD A.P. NO. 6263-001-011 That portion of Lot 'N" of the Rancho Santa Gertrudes, in the City of Downey, County of Los Angeles, State of California, as shown on the Map filed in Book 1, Page 502 of Miscellaneous Records, in the ofBce of the County Recorder of said County, described as follows: Beginning at the intusection ofa line being parallel with and 30.00 feet Southwesterly of the Nonheasterly line of said Lot "N" and a line being parallel with and 70.00 feet Northwesterly of the Southeasterly line of said Lot "N"; thence South 31'’43’17" West 213.84 feet along last said parallel line to the Southwestuly line of Parcel 1, as described in the Grant Deed recorded as InstIurnent No. 95-80817 of Official Records, in the o£nce of said County Recorder; thence leaving said parallel line North 56'’3 1'29" West 9.63 feet along said Southwesterly line; thence leaving said Southwesterly line North 29’39'34" East 121.47 feet to a line being parallel with and 84.00 feet Northwesterly of said Southeasterly line of Lot "N"; thence North 31'’43'17" East 92.60 feet along last said parallel line to first said parallel line, said parallel line being the Northeasterly line of Parcel 3, as dQscribed in said Grant Deed; thence South 56'27'46'’ East 14.01 feet along said NoNhaasterly line of Parcel 3 to the point of beginning. Containing an area of 2,729 square feel more or less. Subject to covenants, oonditions, reservations, restrictions, rights of way and easements, if any, of record. JaY££=k=Q q/104974{)1/a/1/62634)01+)1 14rk/zk RESOLUTION NO. 06-6954 PAGE SEVEN Exhibit “B” IL–Nil r UNC LOT NS627'46-w 1 4.01 EJ%iis);J ––lc--r%;;?:='J -N'NE CORNER LOT "N P.O.B, I I I [ I I I I I I l I I I I t I I I I I I I I I I I I I I I I I I I LOT -N- 9 HE gS g r g RAbEHO SANI"A GU{TRUDB [ =F --–'–-– ––––+UR-=_. \ -SVLY UNE PARCEL I INST. NO. 95-80817. O.R. Ad. /? .7 / 502 HUITr-zoLLAm SKETCH TO ACCOMPANY A LEGAL DESCRIPTION SCALE t -=40‘ Huitt-Zolar& Inc. Irvkta 430 Exchange, SuIte 200, bUn B CA Q2602-13CX> Phono C714) 734-SEX> Fax C7t4> 7:Pb5t55 DWM LAKEWOOD BOULEVARD MF:iaii SBy t +-7'@5 AP. NO. 62634QIOlt nHI IO- 1300–02 f RESOLUTION NO. 06-6954 PAGE Elan Exhibit “C“ ASSESSOR PARCEL NO.: 6263-001-900 All tenants’ interests, including without limitation any leasehold interest, right of occupancy, and interest in improvements pertaining to the realty, in the following described real property: That portion of Rancho Santa Gertrudes, in the City of Downey, in the County of Los Angeles, State of California, in the Office of the County Recorder of said County, described as follows: Beginning at a point on the Southerly line Imperial Highway, 100’ wide, on a curve having a radius of 800’ from which point a radial line bears North 0' 1’ 16” East, running thence South 29' 11’ 3” East 6.33’ to the Northwesterly line of Lakewood Boulevard, 80’ wide,: thence South 31' 39’ 55“ West along said Northwesterly line of Lakewood Boulevard 109.36’, thence North 56' 33’ 55“ West 237.88’: thence North 31 ' 39’ 55“ East 8.44’ to a point on said Southerly line of Imperial Highway on a curve having a radius of 800’, said point being the intersection of a radial line of said curve which bears North 18' 6’ 42" East; then Southeast and East along said Southerly line of Imperial Highway on a curve having a radius of 800’ through an angle of 18' 5’ 26” a distance of 252.59’ to the point of beginning. County of Los Angeles: Rick Auerbach, Assessor 5263 1990 7z+ 4,/8 8)P7&&PO03+BIo : 7 -MSfp ##.P. IMPERIAL cr 2395 rH B CD + •l•HI JQ•=EX LU N /&H or to+ /V aa&f4c::JUL @ /00 ap 3:MP'IS:I 'a Ln OF\ \D I100 RANCHO SANTA GERTRUDES SUBDIVIDED FOR THE SANTA I t CODE 3266 GERTRUDES LAND ASSOCIATION M. R. 32–18 J. P. M'FARLAND & J.G. DOWNEY e • e P 1 - 156 - 158 FOI PREY. Aisha. SEE: 1448_1 courIY OF LOS ANGELES, CALIF. A3S[S$OR'3 HAP