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Home My Public Portal About2006-039 (03-21-06)RESOLUTION NO. 9006 039 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 Angeles. 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 the 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 37350, 37350.5, 37351, 40401 and 40404, and California Code of Civil Procedure Section 1230.010 et seq., including but not limited to Sections 1240.010 through 1240.00, 1240.110, 1240.120, 1240.410, 1240.510, 1240.610. 1240.60, and other prop isions of law. Section 3. The real property interest sought to be taken is a fee simple interest for the assembling of sufficient land (all parcels required constitute the "Site') to construct a replacement park for Ham Park on the property located at the Site (the "Project"). The Subject Propert} is generally known as 11800 and 11808 Atlantic Avenue, Lynwood, California 90262. Los Angeles County Assessor's Parcel Numbers 6189-019-060 and 6189-019-061. 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 this 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 etlective the principal purpose of the Project. A general description of the Project is set forth in the Staff Report dated March 21, 2006, and the evidence, reports, and documents cited in that Staff Report are all incorporated herein by this reference. Section 5. In terms of the potential environmental impacts, the City of Lynwood prepared an Environmental Impact Report ("EIR") dated January 200. "fhe EIR was the subject of a public hearing on February I, 2005 for which notice of a public hcaringwas published on December 30, 2004. The City Council of the City of Lynwood approved the EIR at said hearing. Construction of the Project will be carried out in compliance with the findings and determination set out in the EIR. Section 6. The City of Lynwood City Council hereby FINDS, DETERMINES, DECLARES, ORDERS AND RESOLVES as follows: ?,. The Public Interest and Necessity Require the Prolcct Because the City Seeks to Acquire the Subiect Property for A Public Purpose ~s 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 thq 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 Lh~ificd 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. Q. The Project is Planned or Located in the Manner that will be Compatible with the CJreatest Public Good and Least Private Iniury The Subject Property is necessary for the construction of the replacement park for Ham Park. The Subject Property, on the southeast corner of Atlantic Avenue and Josephine Street, is part of the Site necessary to complete the replacement park and to ensure that the acreage lost by the acquisition of Ham Park is replaced as required by the Public Park Preservation Act. Cal. Pub. Res. Code Sec. 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 [he neighborhuod intended to be served by the replacement park. C. The Subject Property Described in the Resolution of Necessity is Necessary for the Pro~ect The proposed action consists of the acquisition of the fee simple interest in the property located at 1 1800 and 1 1808 Atlantic Avenue Lynwood, California 90262, identified as Los Angeles C'ounh .Assessor's Parcel Numbers 6189-019-060 and 6189-019-061. 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. D. 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 slue 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 May 31, 2005, to the owner of record of the Subject Property, 1 1800 and 11808 Atlantic Avenue, Lynwood, California 90262. Said offer and accompanying statement/summary were in a form and contained all of the 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 t.ynwood 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. Section 7. The City has complied with the notice requirements of Code of Civil procedure Section 1245?35. 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 Staff 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 competentjurisdiction to acquire by eminent domain the real property described in Exhibit "A" attached hereto. Section 10. This Resolution shall take effect upon adoption. Section 11. 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 Cih~. PASSED, APPROVED AND ADOPTED this 21st day of March , 2006. L~asque~ z, Mayo~~~~ ~~"CTEST: a~~« ~. ~~ Andrea f Iooper, City Clerk APPROVED AS TO FORM: APPROVED AS 7 0 CONTENT: U.~_~ tom- --~~-_ J. A noldo Beltran, City Attorney N. Enriq e artinez, Ci ana per EXHIBIT "A" Legal Description for Subiect Property: 11800 and 11808 Atlantic Avenue, Lynwood, California 90262 Assessor's Parcel Numbers 6189-019-060 and 6189-019-061 The land referred to as the Subject Property is situated in the State of California, County of Los Angeles and is described as Lots 1 and 2 of Tract No. 5686 in the City of Lynwood, Bk. 62, Pg. 69 of Maps, Records of Los Angeles County. The size of the land ~~ is 16.775 square feet, more or less. STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) ~I 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 VASQUEZ 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. 2006.039 in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 21st day of March , 2006. ~~ , Andrea L. Hooper, City Cler