HomeMy Public PortalAbout91-036 (03-19-91)RESOLUTION NO. 91-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD FINDING AND DETERMINING THAT THE PUBLIC
~ INTEREST, CONVENIENCE, AND NECESSITY REQUIRES THE
ACQUISITION OF CERTAIN REAL PROPERTY IN FEE FOR
L- PUBLIC PURPOSES AND ALL USES APPURTENANT THERETO
ALONG LANG BEACH BOULEVARD BETWEEN AGNES STREET AND
PALM AVENUE
THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY DETERMINE
AND RESOLVE AS FOLLOWS:
SECTION 1. That on March 19, 1991,
fifteen days written notice to the owners of pr
in Attachment "A", as they appeared on the
County Assessment roll, the City Council held a
purpose of allowing the owners a reasonable
appear and be heard on the following matters:
after at least
~perty described
last equalized
hearing for the
opportunity to
a. Whether the public interest and necessity
requires the project;
b. Whether the project is planned or located in the
manner that will be most compatible with the
greatest public good and the least private
injury; and
c. Whether the property sought to be acquired is
necessary for the project.
The City Council of the City of Lynwood, as a result of the
above hearing, determined that the public health, safety and
welfare requires the acquisition by the City of portions of
certain parcels of real property, more particularly described
in Exhibit "B", and depicted in relation to the proposed
project by maps in Exhibit "C", attached and incorporated by
reference, for widening Long Beach Boulevard between Agnes
Street and Palm Avenue, a public purpose. The acquisition is
authorized by Section 19 of Article 1 of the California
Constitution; Section 37350.5 of the California Government
Code; and Sections 1240.010 through 1240.050 of the California
Code oP Civil Procedure.
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 requires the
~~ proposed project and the acquisition by the City of fee simple
title in the properties, for public street purposes and all
L~ appurtenant uses, (b) the location of the proposed project is
planned in the manner that will be most compatible with the
greatest public good and the least private injury; (c) the
properties and the taking of the interest in the properties, as
above described, are necessary for the proposed project; (d)
offers required by Section 7267.2 of the Government Code have
been made to the owners of record, or the offer has no't been
made because the owner cannot be located with reasonable
diligence; and (e) acquisition of the properties has been
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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
L
L
California Government Code.
SECTION 3. The City Council of the City of Lynwood
does hereby declare that it is the intention of the City to
acquire these 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 properties are located in the City of
Lynwood, County of Los Angeles, State of California, and are
particularly described and depicted in Exhibits "B" and "C."
SECTION 5. The City Attorney, and the law firm of
Barbosa, Morillo & Barnes, as Special Counsel, are hereby
authorized and directed to prepare, institute and prosecute, in
the name of the City, such proceedings, in the court having
proper jurisdiction, as may be necessary for the acquisition of
the fee interest to these properties. Counsel are also
authorized and directed to obtain a necessary court order
granting to the City the right of immediate possession and
occupancy of the properties.
SECTION 6. That the Environmental Quality Control
Act of 1970 has been complied with insofar as the above
application is concerned. The City Council held a public
hearing on January 17, 1989; reviewed and adopted the E.I.R.
and determined that all potential impacts associated with the
proposed project are either not significant or can be
mititgated to a level that is not significant through
incorporation of proposed mitigation measures.
SECTION 7. The City Clerk shall certify to the
adoption of this resolution.
APPROVED AND ADOPTED THIS ~ day of March ,
1991.
ATTEST:
ROBERT HENNING, yor
City of Lynwood
~~
ANDREA L. HOOPER, Cit Clerk
City of Lynwood
APPROVED AS
S. BARBOSA, City Attorney
of Lynwood
APPROVED AS TO CONTENT:
r '--~-
EE I MUR A
Director of ublic Works
City of Lynwood
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STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
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 the City
of Lynwood on the 19th day of March 1991, and
passed by the following vote:
AYES: COUNCILMEMBERS HEINE, REA, RICHARDS, WELLS, HENNING
NOES: NONE
ABSENT: NONE
City Clerk, City of Lynwood
r
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 the City, do hereby certify
that the above and foregoing is a full, true and correct copy
of Resolution No. 91-36 on file in my office and that this
resolution was adopted on the date and by the vote herein
stated.
Dated this 19th day of
March
1991.
- City Clerk, City of Lyn ood
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