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HomeMy Public PortalAbout96-159 (10-15-96)RESOLUTION NO. 96 -159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY IN FEE FOR STREET AND RIGHT -OF -WAY PURPOSES AND ALL USES APPURTENANT THERETO, (11625 LONG BEACH BOULEVARD) ' THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That on October 15, 1996, after fifteen days written notice to the owners of the property described hereafter, as they appeared on the last equalized County Assessment roll, the City Council held a hearing for the purpose of allowing the owners thereof a reasonable opportunity to appear and be heard on the following matters: a. Whether the public interest or necessity requires the project; and b. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; and C. Whether the property proposed to be acquired is necessary for the project. d. Whether the offer required by Government Code Section 7267.2 has been made. The City Council of the City of Lynwood, as a result of said ' hearing, has determined that the public health, safety and welfare requires the acquisition by the City of certain parcels of real property, more particularly described in Exhibit "A", attached hereto and by this reference made a part hereof, for public street purposes. SECTION 2. The City Council of the City of Lynwood does hereby find and determine and declare that: (a) the public interest, convenience and necessity require the acquisition by said City of the fee simple title in and to said properties for public street purposes and all uses appurtenant thereto; (b) the location of said project is planned in a manner which will be most compatible to the greatest public good and the least private injury; (c) the taking of the interest in said properties as above described is necessary to such project, and is authorized by Section 19 of Article I of the California Constitution, Section 37350.5 of the California Government Code, and Sections 1240.010 through 1240.050 of the California Code of Civil Procedure; (d) offers as required by Section 7267.2 of the Government Code have been made to the owner or owner of record, or the offer has not been made because the owner cannot be located with reasonable diligence; (e) such acquisition of said properties has been submitted to and favorably reported upon to the City Council by the Lynwood Planning Commission as to conformity with the City's adopted General Plan pursuant to Section 65402 of the California Government Code. ' SECTION 3. The City Council of the City of Lynwood does hereby declare that it is the intention of said City to acquire said properties in its name in accordance with the provisions of the laws of the State of California with reference to condemnation procedures. SECTION 4. The said properties are located in the City of Lynwood, County of Los Angeles, State of California, and is particu- larly described in Exhibit "A" hereto. SECTION 5. The City Attorney, and the law firm of Richards, Watson and Gershon, as Special. Counsel, are hereby authorized and directed to prepare, institute and prosecute in the name of the City, such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the fee interest to said properties. Said Counsel are also authorized and directed to obtain a necessary order to court granting to said City the right of immediate possession and occupance of said properties. SECTION b. That the Environmental Quality Control Act of 1970 has been complied with insofar as the above application is concerned, and the City Council has reviewed and determined that the matters relating to the negative declaration are appropriate and such procedure and declaration are hereby approved. SECTION 7. The City Clerk shall certify to the adoption of this resolution. APPROVED AND ADOPTED THIS 15th da October 1990. PAUL H. RICHARDS, II, Mayor City of Lynwood ATTEST: ANDREA L. HOOPER, City Clerk City of Lynwood APPROVED AS TO FORM: VAL" 9, 2 � City Attorney City of Lynwood APPROVED AS TO CONTFNT:: D Faust' Gori City Manager i� r a Assistant Ci Manager Environmen Services/ Director of Public Works C17 -050 d)6 -634 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution and duly adopted by the City Council of said City at a regular meeting thereof held in the City Hall of the City on the 15th day of October , 1996, and passed by the following vote: Resolution No. 96 -159 on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this 15th day of Octo ber _ _ , 1996. City Clerk, City of 1,ynwood I C96 -034 AYES: COUNCILMEMBER BYRD, HEIEN, HENNING, REA, RICHARDS NOES: NONE ABSENT: NONE x City Clerk, City o�d STATE OF CALIFORNIA ) 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. 96 -159 on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this 15th day of Octo ber _ _ , 1996. City Clerk, City of 1,ynwood I C96 -034