HomeMy Public PortalAboutResolution 89-29091
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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;
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(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
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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
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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-
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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"