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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 PEL\1579.R 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 PEL\1579.R 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 PEL\1579.R