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Home My Public Portal About2006-040 (03-21-06)RESOLUTION NO. 2nn6_nan A RESOLUTION OF NECESSITY OF THE CITY OF LYNWOOD DECLARING CERTAIN REAL PROPERTY NECESSARY F012 PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CO\T`ECTION 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 :\ngeles. 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 com~enient thereto, pursuant to the authority conferred upon the City of Lynwood to acquire propem 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 1240.050. 1240.1 10, 1240.120, 1240.410, 1240.510, 1240.610. 12=10.60. and other provisions of law. Section 3. The real property interest sought to be taken is a fee simple interest for the assembling of 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 Property is generally known as 12020 and 12022 Atlantic Avenue, Lynwood, California 90262. Los Angeles County Assessor's Parcel Number 6189-019-012. 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 ftinction of the City of Lymvood. Section 4. The acquisition of the Subject Property is required to ca~rv out and make effectiec the principal purpose of the Project. A general description of the Project is set forth in the Siaff Report dated March Zl, 2006, and [he 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 L=:nvironmental Impact Report ("EIR") dated January 2005. `fhe EIR was the subject of a public hearing on February 1, 2005 for which notice of a public hearing was 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 [he findings and determination set out in the EIR. Section 6. The City of Lymvood City Council hereby FINDS, DE"hF.RMINES, DI=CLARES. ORDERS AND RESOLVES as follows: :~. The Public Interest and Necessity Require the 1'roiect Because the Cite Seeks to Acquire the Subiect Property for A Public Purpose \s set out in the L-xecutive 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 squired for the ~~ construction of a replacement park for Flam Park. The City intends to construct a park in the approximatcl~ 10 acres that make up the Site and of vvhich 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 Elam Park the Cih_ . ~~°hich was already underserved by parks and open spaces, cannot meet its responsibilities to residents for open space and recreational facilities. B. The Proiect is Planted or I ocated in the Manner that will be Compatible with the Greltest Public Good and [east Private Iniury The Subject Property is necessary for the construction of the replacement park for Ham Park. The Subject Property, on the northeast corner of Atlantic Avenue and Lavinia Avenue, 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 j the same population as [he previous park served. This legal mandate, the limited surface area of ,~JI 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 u, 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 be served by the replacement park. C. The Subiect Property Described in the Resolution of Necessity is Necessary for the Project The proposed action consists of the acquisition of the tee simple interest in the property located at 12020 and 12022 Atlantic Avenue, Lynwood, California 90262, identified as Los Angeles County Assessor's Parcel Number 6189-019-012. As set forth above. the Subject Property is necessary for the Project, and the replacement park camiot be completed i^ the manner required by law without the acquisition of the Subject Property and inclusion of the same in the Project. D. The Citv Made [he 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 May 26, 2005, to the owner of record of the Subject Property, 12020 and 12022 Atlantic Avenue. Lymvood. California 90362. Said offer and accompanying statement summary were in a furor and contained all of the factual disclosures provided by Government Code Section 7267.2(b). A u~uc and correct copy of the offer letter is on the in the Development Services Department of the City of Lynwood and is incorporated into this report by this reference. 7~he owner of the Subject Propert}~ 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. "fhe 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 -\t[orney's office and Staff to take all steps necessary to commence and prosecute legal procecdines in a court of competentjurisdiction to acquire by eminent domain the real property described in Gzhibit `'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 City. PASSED, .APPROVED AND ADOPTED this 21st day of March , 2006. rcia Vasquez, Mayor ATTEST: ~' :Andrea Houper. City Clerk APPROVED ,AS TO FORM: -~~n_Xd~ I.. rnoldo Beltran, City Attorney ~~ APPROVED AS TO CONTENT nri e arunez, City Manager 3 EXHB7T "A" Legal Description for Subject Property: 12020 and 12022 Atlantic Avenue Lvnwood, California 90262 Assessor's Parcel Number 6189-019-012 The land referred to as the Subject Property is situated in the State of California, County of L,os Angeles and is described as Lot 13 of Tract No. 5686 in the City of Lynwood, Bk. ~ 62. Pg. 69 of Maps, Records of Los Angeles County. The size o1~ the land is ~ j approximately 8,464 square feet, more or less. ~f . ~ ~~ ~ i ~~ STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) i 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 the following vote: AYES: COUNCILMEN BYRD, JOHNSON, PEDROZA AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: MAYOR VASQUEZ Andrea L. Hooper, City Jerk STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) 2006 and passed by I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City ~I Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No 2006.040 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. (<.~x.~t, ~ ~~ Andrea L. Hooper, City Clerk