Loading...
HomeMy WebLinkAboutResolution No. 07-7017 - Authorize condemnation/acquire 8845 Imperial Hwy.RESOLUTION NO. 07-7017 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 A PORTION OF REAL PROPERTY LOCATED AT 8845 IMPERIAL HIGHWAY. WHEREAS, the property described below is 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 property 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 1230.010 et seq. (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 portion of the property to be acquired is identified as Los Angeles County Assessor Parcel Numbers 6261-014-036, city of Downey, County of Los Angeles, California; is more particularly described on Exhibit “A“ hereto; and is shown on the map attached to Exhibit “A”, which Exhibit is incorporated by this reference; and WHEREAS, notice was given to the affected property owner, tenant, and occupant 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 August 28, 2007, the City Council held a duly noticed hearing pursuant to the terms of California 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 RESOLVE, DECLARE, DETERMINE BY A VOTE OF NOT LESS THAN TWO-THIRDS OF ITS MEMBERS, AND ORDER AS FOLLOWS: SECTION 1 :In all respects as set forth in the above recitals of this Resolution; SECTION 2: That the property, or interests 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 description and map attached hereto as Exhibit "A" and incorporated herein by this reference; SECTION 3: On the basis of the information contained in the Agenda Memo to the City Council dated August 28, 2007, which is incorporated herein by this reference, and all other 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 fOllowinQ: a. b 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 RESOLUTION NO. 07-7017 PAGE TWO C The property described in this Resolution is necessary for the proposed project; and d 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 oFer rlas no: been made because the owner(s) cannot be located ',.vith reasonable diligence. SECTION 4: As to any portion of the property that is currently appropriated to a public use, the use for which the property is sought to be taken is a more necessary public use than the use to which the property is presently appropriated. The City of Downey is empowered to acquire the property 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 property 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 the purposes of 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 August, 2007.A iI k ITE:;!!J JIIC) I ffF#: : i&F grpHFFHFFF••••••= ATTEST: 44Ml#JAM.’ KATHLEEN L. MIDSTOKKE, City Clerk RESOLUTION NO. 07-7017 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 August, 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN : 5 Council Members: Bayer, Cartozian, Gafin, Guerra, MayorTrejo 0 Council Member: None 0 Council Member: None 0 Council Member: None RESOLUTION NO. 07–7017 PAGE FOUR Exhibit “A“ HUITr-aLL\RS HUITT'ZOLLARS, INC. 1 430 Exchang8 1 Suite 200 1 Irvinef CA 92602.1315 B 714.734.5300 phone 1 714.734.5155 fax 1 huitt_zollors.com 10- 1300-02 (A) 07-03-07 LEGAL DESCRIPTION RIGHT OF WAY ACQUISITION LAKEWOOD BOULEVARD A.P. NO. 6261-014-036 That portion 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 office of the County Recorder of said County, described as follows: Commencing at the intersection of the Old Centerline of Lakewood Boulevard with the centerline of Imperial Highway as shown on Parcel Map No. 20538 filed in Book 217, Pages 97 and 98 of Parcel Maps, in the office of said County Recorder; thence North 31'’53'16" East 158.76 feet along said Old Centerline of Lakewood Boulevard to the Northerly line of that certain Grant Deed recorded as Instrument No. 94-1441808 of Official Records, in the office of said County Recorder; thence leaving said Old Centerline of Lakewood Boulevard North 89'’58'53 " West 82.43 feet along said Northerly line to a line being parallel with and 50.00 feet Northwesterly of the centerline of Lakewood Boulevard as shown on said Parcel Map No. 20538, said point being the TRUE POINT OF BEGINNING; thence leaving said Northerly line South 31(’53'16" West 94.33 feet along said parallel line to the beginning of a curve concave Northwesterly having a radius of 10.00 feet, the Westerly terminus of said curve being tangent to a line being parallel with and 50.00 feet Northerly of the centerline of said Imperial Highway; thence leaving fust said parallel line Southwesterly and Westerly 10.15 feet along said curve through a central angle of 58'’07’51" to last said parallel line; thence along said parallel line the following courses: North 89'’58’53" West 50.17 feet to the beginning of a curve concave Northerly having a radius of 700.00 feet, and Westerly 51.24 feet along said curve through a central angle of 4'’11 '40" to the Northwesterly line of said Grant Deed; thence leaving said parallel line non-tangent North 31'’53'16" East 3.39 feet along said Northwesterly line to a line being parallel with and 53.00 feet Northerly of the centerline of said Imperial Highway, said point being on a non-tangent curve concave Northerly having a radius of 697.00 feet, a radial line of said curve to said point bears South 04'’05’02" West; thence leaving said Northwesterly Une along last said parallel line the following courses: Easterly 49.45 feet along said curve through a central angle of 04'’03’55", and South 89'’58’53'’ East 26.69 feet to the beginning of a curve concave Northwesterly having a radius of 45.00 feet, the Northeasterly terminus of said curve being tangent to a line being parallel with and 55,00 feet Northwesterly of the centerline of said Lakewood Boulevard; thence leaving said parallel line, Easterly and Northeasterly 45.66 feet along said curve through a central angle of 58'’07'51 " to last said parallel line; thence North 31'’53'16'' East 71.34 feet along last said parallel line to said Northerly line of said Grant Deed; thence leaving last said parallel line South 89c’58'53" East 5.89 feet along said Northerly line to the TRUE POINT OF BEGINNING. q/ 1 0- 1 300-02/a/1/6261-014.036A/zk/jrk/Id RESOLUTION NO. 07-7017 PAGE FIVE [ LEGAL DESCREPTION-CONTnTUED RIGHT OF WAY ACQUISITION LAKEWQOD BOULEVARD A.P. NO. 6261-014-036 10- 1300-02 (A) 12- 12-03 Revised 07-03-07 Containing an area of 896 square feet, more or less. Subject to covenants, conditions, reservations, restrictions, rights of way and easements, if any, of record. GARViN, PLS 6343 I q/1 0-1300.02/a/1/6261 -01 4-036A/zk/jrk/Id RESOLUTION NO. 07–7017 PAGE SIX I I I I I I 1. $693i:Et / /I / / / T.P.OB. 50.OO'fe B }a A'0) BLu tO -B I bbl CO 'B ! ! lg I CO a) DO CgI I L= 45.66 N89'58'53-W 26.69'- A=58D7'51" R=10.00’ L=lO.15' a6 CI \l \\ r \. PP r::!££\/P / +/ /' -La \ ::i B L:b$C':: I 1 /q'qA bF c ALl I SKETCH TO ACCOMPANY W q A LEGAL DESCRIPTION A LAKEWOOD BOULEVARD a APPlbV8D BE A.P. NO. 6261-014-036 m 7 /03/2007 e- 'Jd/eZ_ dd„4 l'g-Zool M 10– 1 300–02 aa L RESOLUTION NO. 07–7017 PAGE SEVEN HUITF©LL\IB 10-1300-02 (A) 07-02-07 LEGAL DESCREPTION TEMPORARY CONSTRUCTION EASEMENT LAKEWOOD BOULEVARD A.P. NO. 6261-014-036 That portion 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 office of the County Recorder of said County, being a strip of land, 2.00 feet in width, the Southeasterly line of said strip being described as follows: Commencing at the intersection of the Old Centerline of Lakewood Boulevard with the centerline of Imperial Highway as shown on Parcel Map No. 20538 as shown on the map filed in Book 217, Pages 97 and 98 of Parcel Maps, in the office of said County Recorder; thence North 31'53'16" East 158.76 feet along said Old Centerline of Lakewood Boulevard to the Northerly line of that certain Grant Deed recorded as Instrument No. 94-1441808 of Official Records, in the office of said County Recorder; thence leaving said Old Centerline of Lakewood Boulevard North 89'’58'53" West 88.31 feet along said Northerly line to a line being parallel with and 55.00 feet Northwesterly of the centerline of Lakewood Boulevard as shown on said Parcel Map No. 20538, said point being the TRUE POINT OF BEGINNING; thence leaving said Northerly line South 31 '’53'16" West 48.00 feet along said parallel line. / The Northwesterly sideline of said strip to be shortened to originate in said Northerly line Containing an area of 95 square feet, more or less. Subject to covenants, conditions, reservations, restrictions, rights of way and easements, if any, of record. GAP q/1 0-130042/a/1/6261 -014-036B/Id RESOLUTION NO. 07-7017 PAGE EIGHT I I I I I le BI ?’ 38al I I I + / I I I I / \ dbSb Io / + / I I SKETCH TO ACCOMPANY A LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A.P. NO. 6261-014-036 S'"L£ 1’'=3a' P tYDvRF7JLE )A:EnnO 71665mN. 10– 1 300–02 ’a 7'£''2001 O X