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HomeMy Public PortalAbout2002.157 (10-23-02)RESOLUTION NO. 2002.157 A RESOLUTION OF THE CITY OF LYNWOOD APPROVING THE ACQUISITION OF A PORTION OF HAM PARK BY THE LYNWOOD UNIFIED SCHOOL DISTRICT, UPON CERTAIN TERMS AND CONDITIONS WHEREAS, Ham Park is a public park situated within and owned and maintained by the City of Lynwood of approximately 14.8 acres of land, bounded by Wright Road, Cortland Avenue, Louise Avenue, Walnut Avenue, Duncan Avenue, and Martin Luther King, Jr. Boulevard, and WHEREAS, the Lynwood Unified School District has indica#ed its intention to acquire Ham Park for public school purposes; and WHEREAS, the Lynwood Unified School District, the City of Lynwood, and the Lynwood Redevelopment Agency did execute a Memorandum of Understanding effective April 23, 2002; and WHEREAS, the Memorandum of Understanding expresses the intent that the City and the Agency support the District's plan to acquire the Ham Park site and to construct, own and use a new school thereat; and WHEREAS, the interests of the ~City in the Ham Park site shall be acquired "through a method and upon terms mutually agreeable to the District, the City, and the Agency"; and WHEREAS, the District and the City have proposed a Joint Use Agreement for the Ham Park site, and WHEREAS, the City and the Agency are required pursuant to Public Resources Code section 5405 and Government Code section 25550 7, to replace the acquired park with a site of comparable character and size generally located in the same geographical area and which must be developed by the City for the same value and use and in perpetuity; and which must be approved by the County of Los Angeles; and WHEREAS, the County may release the funds for the acquisition of Ham Park to the City of Lynwood for other valid public uses, but which is not known at this time, and , WHEREAS, the City of Lynwood does not wish to be in a position of having to acquire the substitute park, relocate people and businesses, and take the risk of a shortfall, and WHEREAS, in furtherance of its acquisition, the Lynwood Unified School District has furnished the City with an appraisal that is premised upon fair market value, rather than replacement costs as provided by statute; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES RESOLVE AS FOLLOWS: Section 1: Any acquisition by the Lynwood Unified School District of Ham Park shall be by way of exchange of a park site suitable under the definitions of Public Resources Code sections 5405, et seq and approved by the County of Los Angeles. Section 2: That in the event that the County of Los Angeles decides to allow the City of Lynwood to keep the proceeds of the sale of Ham Park and use it for other similar or related public purposes, without the necessity of the City having to pursue involuntary acquisitions, then the City will transfer Ham Park upon payment by the Lynwood Unified School District to the City of such sum of money as will satisfy the compensation requirements of Public Resources Code section 5405 and related statutes. PASSED, APPROVED and ADOPTED this City of Lynwood ATTEST: 23rdday of October , 2002. -~ ~ ARTURO REYES, AYOR APPROVED AS TO CONTENT: :~ , ~ • ~y~,~ Andrea L. Hooper, City Clerk City of Lynwood APPROVED AS TO FORM: ~~. C Michael B. Montgomery City Attorney Faustin Go es City Manger STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) N, 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 said City at a ~~ special meeting thereof held in the City Hall of said City on the day October 23rd, 2002 i , '- and passed by the following Vote AYES. COUNCILMEN BYRD, PEDROZA, RICHARDS, RODRIGUEZ, AND REYES NOES' NONE ABSENT NONE ~., ~~~d;c~ City Clerk, City of Lynwood STAT~E 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 forgoing is a full, true and correct copy of , Resolution No. 2002.157 on file in my office and that said resolution was adopted on the date and by the vote therein stated Dated this 23rd day of October , 2002 ~~..~~~~ ~, ~~-.~ , City Clerk, City of Lynwood ~ , I ~ ~ ~ ~ _;