HomeMy Public PortalAbout76-041 (05-18-76)
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RESOLUTION N0. 76-41
A R~SOLUTIOPI OF TH~ CITY COUNCII, OF THE CITY OF LYNWOOD AUTH-
ORIZING AND DIRECTING TIiE CONDEP~INATION OF CTRTAIN REAL
PROPERTIES IN THE COUNTY nF LOS ANGELI'S, STATE OF CALIFORNIA,
AND DECLARING THE PUBLIC NECESSITY THEREFOR.
PIHEREAS, the City of Lynwood is authorized by virtue
of the Statutes of the State of Calirornia to take property by
condemnation and to hold, use and enjoy said property as ne-
cessary to the full exercise of its power; and
1~'I:EREAS, the City of Lynwood is specifically authorized
; by virtue oT (Streets and Highways Code Sections 4090 eC seq.
and Government Code Sections 40404 et seq.) to take property
by condemnation for storm drain purposes; and
VJHEREAS, all persons whose names ancl addresses appear on
the last equalized assessment roll for the properti.es described
herein, and all persons whose names appear as record owners on
the litigation guarantee reports for said properties, were
!; given notice and an opportunit5~ to be heard pursuant to Code
of Civil Procedure Section 1.245.235; and
WHLREAS, a public hearin~ was held by the Cii;y Council
on P,4ay 1~, 1976, at which the matters set Lorth in Cocle of
Civil Procedure Section 1240.030 were discussed, including the
following matters:
(a) Whether the public interests require.the proposecl
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project;
(b) 4Yhether the projects is planned and located in the man-
ner that will be most compatible with the greates~ public good
and the least private i.njury; and
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(c) Whether the properties described herein are necessary
for the proposed project.
NOV7, THEREFORE, the City Council of the City of Lynwood
hereby does resolve as follows:
SECTION 1. The City Council of the City of Lynwood has
found and determined that the public interest and necessity
require for public use the acquisition, construction, comp]e-
tion, operation and maintenance by said City of Lynwood, ot
certain public improvements, to wit: •
An easement for storm drain purposes required for the Peach
Street Storm Drain between Imperial Highway and Los Flores Boulevard.
Project ido. 7-150-191.
SECTION 2. The properties described herein a:.°e located
within the City of Lynwod and are necessary for the proposed
project. Said properties are more particularly descriUed as
Sollows:
SEE ATTACHPdEN'I' E~.IiIBIT "A"
SECTIOPd 3. The proposed project is planned and located
in the manner that will Ue most compatible with the greatest
public good atid the least private_injury.
SECTION 4. The law tirm of Rutan Rz Tuclcer, attorneys for
the City of Lynwood, is hereby directed to br}n~; action in
the Superior Court ot the State oT California in the name of
tlie City of Lytiwood, to condemn by eminent domain proceedings,
the properties c]escribed in Section 2 herein. Said attorneys
are authorized and instructed to make application to said Court
for an Order fixing ttie amount of security by way of money de-
posits as said Court may direct and ior an Order perr:ittin;~ tkie
City of Lynwood to make immediate possession and use ot said
r~~;i I ~rt~~i~ir~i'I ir~~: li~i~ I I~i~ i~`;r~>: ;lnrj ~iilr~ir~~t~~z hnr~in d~'ti~'t']hr~rl.
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S~CTION 5. The law firm of Rutan ~ Tucker, is hereby
empowered to incur, in the name of the City of Lynwood, all
obligations and expenses incidental to the purposes of bring-
ing and litigating such action.
PASSED AND ADOPTED by the City Council of the City of
Lynwood at a regular meeting held on the 18th ~ay of May
197R_
od
' (SLAL)
ATTLST:
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; ~ity Clerk of the 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 said
city at a regular meeting thereof held
in the City Hall of said City on the 18th day of
May , 19 76 , and passed by the following vote:
AYES: COUNCILMEN Byork, Green, Higgins, Morris, Rowe.
NOES: COUNCILMEN None.
ABSENT: COU~CILMEN None.
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~3:TY CL RK, CITY OF LYNWOOD