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HomeMy Public PortalAbout2006-037 (03-21-06)RESOLUTION NO. 2006.037 A RESOLUTION OF NECESSITY OF THE CITY OF LYNWOOD DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE DEVELOPMENT OF A REPLACEMENT PARK FOR JOHN HAM MEMORIAL PARK Section 1. The City of Lynwood is a municipal corporation in the County of Los yn~eles. State of California. Section 2. The real property (the "Subject Property") described in section 3 of this Resolution is to be taken for a public use, namely to provide land for die construction of a replacement park for John Ham Memorial Park ("Ham Park"), and all uses necessary and convenient thereto, pursuant to the authority conferred upon the City of Lynwood to acquire property by eminent domain by California Constitution Article 1, Section 19, California Government Code Sections 3730, 37350.5, 37351, 40401 and 40404, and California Code of Civil Procedure Section 1230.0]0 et seq., including but not limited to Sections 1240.010 through 1240.050, 1240.110, 1240.120, 1240.410, 1240.510, 1240.610. 1240.60, and other provisions of law. Section 3. The real property interest sought to be taken is a fee simple interest for the assembling of sufticient land (all parcels required constitute the "Site") to construct a replacemem park for Ham Park on the property located at the Site (the "Project"). The Subject Property is generally known as 12025 Atlantic Avenue, Lynwood, California 90262. The Subject Property is included in Los Angeles County Assessor's Parcel Number 6186-OOI-004. which .Assessors Parcel Number consists of Lots 4, 5, 6, and 7. The Subject Property is Lots ~. 6. and 7 of said Assessor's Parcel Number. The legal description of the Subject Property is attached as Exhibit "A" to this Resolution and the Subject Property is depicted on the diagrams attached as Exhibit 'B" to this Resolution. Said exhibits are incorporated herein by dais reference. The Subject Property is required for the construction of the replacement park, which use is a public use and said use is a public function of the City of Lynwood. Section 4. The acquisition of the Subject Property is required to carry out and make effective the principal purpose of the Project. A general description of [he Project is set forth in the Staff Report dated March 21, 2006, and the evidence, reports, and documents cited in that Statt Report are all incorporated herein by this reference. Section 5. In terms of the potential environmental impacts, the City of Lynwood prepared an I~nvironmental ]mpact Report ("EIR") dated January 200?. fhe EIR was the subject of a public hearing on February 1, 2005 for which notice of a public hearing ~+as published on December 30, 2004. The City Council of the City of L}'m~ood approved the LIR at said hearing. Construction of the Project will be can~ied out in compliance with die findings and determination set out in the EIR. Section 6. The City of Lynwood City Council hereby FINDS, D['fERMINI;S, DECLARES- ORDERS AND RESOLVES as follows: :A. The Public Interest and Necessity Require the Project Because the City Seeks to Acquire the Subject Property for A Public Purpose :As set out in the Executive Summary of the Staff Report, the City seeks to acquire the Subject ~~ Property for a public purpose. The Subject Property is part of the Site required for the construction of a replacement park for Ham Park. The City intends to construct a park in the approximately 10 acres that make up the Site and of which the Subject Property is a part; such use of the Site and Subject Property is a public use, and in connection therewith the City must acquire the Subject Property. Said public use is a governmental function of the City of Lynwood The City is obligated to construct the park because Ham Park was taken by the Lynwood Unified School District for the construction of a new high school. With the loss of Ham Park the Cih~. which was already underserved by parks and open spaces, cannot meet its responsibilities to residents for open space and recreational facilities. B. The Project is Planned or Located in the Manner that will be Compatible with the Greatest Public Good and Least Private Injury The Subject Property is necessary for the construction of the replacement park for Ham Park. The Subject Property, on Atlantic Avenue Between Agnes Street and Lavinia Avenue, is part oC the Site necessary to complete the replacement park and to ensure that the acreage lost by acquisition of Ham Park is replaced as required by The Public Park Preservation Act. Cal. Pub. Res. Code Section 5407.1. The City conducted a number of studies to determine the location for the replacement park. The City's search was limited in light of the provisions of the Public Park ~ _ Preservation Act of 1971 which mandates that parks be replaced within the area that will serve ~ the same population as the previous park served. This legal mandate, the limited surface area of the City and the already existing public sites such as schools and other similar uses, limited the possible location of the replacement park. The selection of the Site for the Project is believed to cause the least amount of private injury in that the City will be able to use other public lands, the public right-of--way such as streets and intrude in the least possible amount into the neighborhood intended to he served by the replacement park. C The Subject Pro ertv Described in the Resolution of Necessity is Necessary for the Project The proposed action consists of the acquisition of the fee simple interest in the property located at 12025 Atlantic Avenue, Lynwood, California 90262. The Subject Property is included in Lus Angeles County Assessor's Parcel Number 6186-001-004, which Assessor's Parcel Number consists of Lots 4, 5, 6, and 7. The Subject Property is Lots 5, 6, and 7. As set forth above, the Subject Property is necessary for the Project, and the replacement park cannot be completed in the manner required by law without the acquisition of the Subject Property and inclusion of the same in the Project. U. The City Made the Offer Required by Government Code Section 7267.2 to the Owner of Record of the Property It Seeks to Acquire Pursuant to Government Code Section 7267 et seq., the City obtained and approved a fair market value appraisal of the Subject Property, set just compensation in accordance with the approved appraisal and extended a written offer together with the accompanying statement of and summary of the basis of the amount established as just compensation. on October 2Q, 2005. to the o~+ner of record of the Subject Property, 12025 Atlantic Avemie, Lynwood. California 90262. Said offer and accompanying statemenC/summary were in a form and contained all ofthc factual disclosures provided by Government Code Section 7267.2(b). A true and correct copy of the offer letter is on file in the Development Services Department of the City of Lynwood and is incorporated into this report by this reference. The owner of the Subject Property rejected the offer, and the parties have not reached a negotiated purchase at this time. ~i Section 7. The City has complied with the notice requirements of Code of Civil Procedure Section 1245.235. Section 8. The findings and declarations contained in this Resolution are based on the record before the City Council on March 21, 2006 when it adopted this Resolution, including the Staff Report dated March 21, 2006, all documents referenced and incorporated in the Stafl Report, the testimony at the hearing, and the records and documents prepared in connection with the Project. all of which are incorporated in this Resolution by this reference. Section 9. The City Council of the City of Lynwood authorizes and directs the City :Attorney's office and Staff to take all steps necessary to commence and prosecute legal - ~ proceedings in a court of competent jurisdiction to acquire by eminent domain the real property interests described in Exhibit "A" attached hereto. ~~ Section 10. This Resolution shall take effect upon adoption. Section 1 f. The City Clerk shall certify the adoption of this Resolution and shall cause this Resolution and her certification to be entered in the Book of Resolutions of the City Council of this City. PASSED, APPROVED AND ADOPTED this 91ct day of Marr_h .2006. T~ ~~c a Vasquez, Mayor i ATTEST: :~ndrea Hooper, City Clerk :APPROVED .AS TO FORM: APPROVED AS TO CON"DENT: J..A noldo Beltran, City Attorney . . Enriqu M rtinez, ity Manager 3 EXHIBIT "A" Legal Description for Subiect Property: 12025 Atlantic Avenue Lynwood, California 90262 Assessor's Parcel Numbers 6186-001-004 The land referred to as the Subject Property is situated in the State of California, County of L.os Angeles and is described as Lots ~, 6 and 7 ofTract 8242 in the City of Lynwood. Bk. 1 1 ~. Pgs. 55 and 56 of Maps, Records of Los Angeles County. Assessor's Parcel Number 6186-001-004 is comprised of Lots 4, ~, 6 and 7. STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) r I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the 21st day of March , 2006 and passed by the following vote: AYES: COUNCILMEN BYRD, JOHNSON, PEDROZA AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: MAYOR YASQUEZ Andrea L. Hooper, City Clerk STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. ^ nn~ nz7 in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 21st day of Andrea L. Hooper, City Clerk' 2006.