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HomeMy Public PortalAbout95.007 LRA LRA RESOLUTION 95-7 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LYNWOOD FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY WITHIN THE LYNWOOD REDEVELOPMENT PROJECT AREA A (10721 ATLANTIC AVENUE) The Redevelopment Agency of the City of Lynwood (the "Agency") by vote of not less than two-thirds of its members, does hereby resolve and determine as follows: 1. The acquisition of the hereinafter described real property, or interest in real property, is for the following public use: the elimination of blight and for redevelopment in connection with the Lynwood Redevelopment Project Area A (the "Project Area"). The Redevelopment Plan for the Project Area (the "Redevelopment Plan") was approved and adopted on July 3, 1973, by Ordinance 945 by the City Council of the City of Lynwood; subsequently amended December 27, 1976 by Ordinance No. 960, on August 19, 1975 by Ordinance 990, on June 1, 1976 by Ordinance No. 1000, on December 7, 1976 by Ordinance 1010, December 16, 1980 by Ordinance No. 1111, and on July 19, 1988 by Ordinance No. 88-1308. A description of the land within the Project Area is set forth therein. The Redevelopment Plan is incorporated herein by this reference and made a part hereof as though fully set forth herein. The Agency is authorized to acquire the hereinafter described real property, or interest in real property, pursuant to the Community Redevelopment Law of the State of California (Part 1 of Division 24, Health & Safety Code), including, but within limitation,. Health & Safety Code Section 3342 and Section 33391(b). The Redevelopment Plan authorizes the use of the power of~eminent domain to acquire real property within the Project Area. 2. On the basis of the information contained in that certain staff report to the Chair and Members of the Agency dated March 7, 1995, which is incorporated hereby this reference, and all other written and oral information, evidence and testimony presented to the Agency, the Agency declares, finds and determines: (a) That the public interest and necessity require the proposed project. (b) That the proposed project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury. (c) That the hereinafter described real property, or interest in real property, is necessary for the proposed project. (d) That the offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record. 3. The Agency is hereby authorized and empowered to acquire by condemnation the fee title to the hereinafter described real property, unless a lesser estate is expressly described, excepting and reserving to the owner thereof all oil, gas and mineral substances, together with the right to explore for and extract such substances, provided that the surface opening of any well, hole, shaft, or other means of exploring for, reaching or extracting such substances shall not be located within the Project Area and shall not penetrate any part or portion of the Project Area with 500 feet of the surface thereof. The real property or interests in real property, to be acquired, are generally described as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. 4. The law firm of Kane, Ballmer & Berkman, Agency Special Counsel, is hereby authorized to prepare and prosecute in the name of the Agency such proceeding or proceedings in the proper court having jurisdiction thereof, as are necessary for the acquisition of the real property, or interest in real property, described herein, and to prepare and file all pleadings, documents, briefs, and other instruments, and to make such arguments and to take such actions as may be necessary in their opinion to acquire the real property described herein, The Agency Special Counsel is specifically authorized to take whatever steps and/or procedures are available to the Agency under the Eminent Domain Law of the State of California (Code of Civil Procedure, Title 7, Chapters, 1- 12. Sections 120.010-1273.050). APPROVED and ADOPTED this 7th day of March, 1995. ATTEST: ~~~ ANDREA L. HOOPER „ S CRETARY LOUIS BYRD, OHA RMAN Lynwood Redevelopment Agency Community llirector lopment STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, Secretary of the Lynwood Redevelopment Agency, do hereby certify that the above and foregoing resolution was duly adopted by the said Agency at a regular meeting thereof held in the City hall of the: City of Lynwood on the ~~ day of March 19 95 , and passed by the following vote: AYES• Member Heine, Henning, Rea, Richards, Byrd NOES : None ABSENT: None r ~ ~~ ,-~~ Secretary Lynwood Redevelopment Agency STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, Secretary of the Lynwood Redevelopment Agency, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. LRA 95-~ on file in my office and that said resolution was adopted on the date and by the vote therein stated. DATED this ~~ day of March ~ lg 95 Cite~~ Secretary . Lynwood Redevelopment Agency