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HomeMy Public PortalAboutResolution 89-29091 1 CITY OF TEMPLE CITY RESOLUTION NO. 89 -2909 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY AT 5803 - 5807 ROSEMEAD BLVD. AND 8917 - 8923 ELM AVE., TEMPLE CITY WHEREAS, the City of Temple City ( "City ") desires to acquire the real property shown on the Site Map marked "Exhibit A - Attachment" attached hereto and incorporated herein by this reference and legally described on Exhibit "B" attached hereto and made a part hereof for public parking; and WHEREAS, the City has given notice of the hearing at least fifteen (15) days prior to the hearing on this matter by personal delivery to those persons whose property is to be acquired by eminent domain; and WHEREAS, the City's notice to those persons sets forth the intent of the City Council to adopt the resolution and further provides that any persons having an interest in such property shall have the right to appear and be heard on the such matter. NOW, THEREFORE, the City Council of the City of Temple does hereby resolve and determine as follows: SECTION 1. That the public interest and necessity require the acquisition of the real property described in Exhibit "B ", for a public use and improvement, to wit: for the provision of public parking. SECTION 2. The City finds and determines that: (a) The public interest and necessity require the proposed acquisition for public parking in that the property to be acquired will be used to for public parking and to assist in the implementation of the Rosemend Blvd. Redevelopment Project (the "Project ") and the redevelopment of a portion of Parcel A of the Project Area; (b) 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; - 1 - (c) The interest in said real property, described on Exhibit "B ", is necessary for the provision of public parking. (d) An offer required by Section 7267.2 of the Government Code has been made to the owners of record. SECTION 3. The City is hereby authorized and empowered to acquire by condemnation in its name to be used for public parking in accordance with the provisions of the Code of Civil Procedure, and the Constitution of California relating to eminent domain, the fee interest and any other interest claimed by any person other than the City of Temple City in the real property described on Exhibit "B ". SECTION 4. With respect to any of the real property described on Exhibit B, or interest in real property, which is or may be appropriated to a public use, the use for which the City seeks to acquire said property or interest therein is a more necessary public use than the use to which said property interest is or may be appropriated. Reference is made to Code of Civil Procedure. Section 1240.610. SECTION 5. The law firm of Oliver, Stoever, Barr & Vose, as City Special Counsel, is hereby authorized to prepare and prosecute in the name of the City, such proceeding or proceedings in the proper court having jurisdiction thereof, as are necessary for such acquisition; and to prepare and file such pleadings, documents, briefs, and other instruments, and to make such arguments and generally to take such action as may be necessary in the opinion of said attorneys to acquire for the fee title to such property. Said attorneys are specifically authorized to take whatever steps and /or procedures are available to them under the Eminent Domain Law of the State of California (Code of Civil Procedure, Title 7, Chapters 1 -12, Sections 1230.010- 1273.050). SECTION 6. The City Clerk shall certify to the adoption of this Resolution. ADOPTED THIS 17th day of October , 1989, by vote of four fifths of the members of the City Council. CITY OF TEMPLE CITY - 2 - ATTEST: City Cle Approved as to orm: I her-.y certify that the foregoing Resolution, Resolution No. 89- 2'I9 was duly adopted by the City of Temple City at a regula meeting held on the 17th day of October, 1989 by the foll7. ing vote: AYES: COUNCILMEMBER- Atkins,Breazeal,Gillande s,Swain,Froehle NOES: COUNCILMEMBER -None ABSENT: COUNCILMEMBER -None City Cler lU sv J ELM AVE. •q HERMOSA DR. •E .:J 1 6J 1 i r I r„ 1 I . . _,0 O 1 CI i CAI 1 ,V 1 1 1 1 1 1 1 �1 1 EL&v4 -1• -_ T%/ G VA W ASo.1 H EXHIBIT A SITE MAP THE McAULEY PROPERTY 5803 -5807 ROSEMEAD BOULEVARD 8917 -8923 ELM AVENUE TEMPLE CITY, CALIFORNIA SCALE: UNKNOWN SEPTEMBER 1989 Lea Associates Real Estate Consultants EIRE- 1 Exhibit "B" LEGAL DESCRIPTION The real property in the City of Temple City, County of Los Angeles, State of California, described as: Lot 104 of Tract No. 3623, in the City of Temple City, County of Los Angeles, State of California as per map recorded in Book 40, Page 52 of Maps, in the office of the County Recorder of said county. EXCEPT the Southerly 5 feet of said Lot deeded to the County of Los Angeles for road purposes, in deed recorded in Book 1488 pace 361 Official Records. ALSO EXCEPT the North 135 feet of said Lot. Exhibit "B"