CC - 1983-05 - Acquisition by Eminent Domain of Del Mar41
0 0
RESOLUTION NO. 83-5
RESOLUTION OF NECESSITY FOR ACQUISITION
BY EMINENT DOMAIN OF PUBLIC RIGHT OF WAY
FOR THE IMPROVEMENT AND WIDENING OF DEL
MAR AVENUE, A PUBLIC STREET
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY
FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. That the portions of the parcels described
on Ex i it attached hereto and incorporated herein by
this reference is being taken for street improvement purposes
pursuant to the authority of the City of Rosemead under:
(a) Article I, Section 19 of the California
Constitution;
(b) Government Code Section 37350.5; and
(c) Code of Civil Procedure Section 1240.250.
SECTION 2. Right of way easements on said parcels
are being acquired for use for and in connection with providing
public right of way for the improvement and widening of Del Mar
Avenue, a public street.
SECTION 3. The public interest and necessity require
the construction of the improvements on the parcels to be
acquired.
SECTION 4. That the taking of said parcels of land is
necessary or the providing of public right of way for a curb
return in a public street.
SECTION 5. That the offer required by §7267.2 of the
Government Co a has been made to the owner or owners of
record.
SECTION 6. That the proposed project is planned and
located in the manner which is and will be most compatible
with the greatest public good and the least private injury.
BE IT FURTHER RESOLVED that the offices of WALLIN, KRESS,
ROSENSTEIN & DILKES, attorneys for the City of Rosemead, be and
are hereby authorized and directed to institute eminent domain
proceedings in the Superior Court of the State of California for
the County of Los Angeles, for the purpose of acquiring said
parcel of land for the public uses and purposes hereinabove set
forth, and to take all action necessary to complete the
acquisition thereof in the name of the City of Rosemead; and,
0
11
BE IT FURTHER RESOLVED that the public interest and
necessity may require the taking of immediate possession, and
that said attorneys are directed to institute proceedings
for the taking of immediate possession and use of the
property herein ordered to be acquired upon complying with
the requirements of the law applicable thereto, and that the
total sum fixed by the Court in its order determining and
establishing security for said immediate possession be
deposited and maintained pursuant to law.
PASSED, APPROVED and ADOPTED this 22nd day of March ,
1983.
MAYOR
ATTEST:
CITY CLERK,/
2
0
•
EXHIBIT "A"
PARCEL 1. RICHARD L. LE ROY and DOROTHY J. LE ROY
PROPERTY LEGAL DESCRIPTION
The Southerly 45 feet of the Easterly 125 feet of Lot
1 and the North 10 feet of Lot 2 of Tract No. 2078, in
the City of Rosemead, in the County of Los Angeles, State
of California, as per Map recorded in Book 22, Page 135
of Maps, in the Office of the County Recorder of said
County.
DESCRIPTION OF PARCEL TO BE ACQUIRED
An easement for public road and highway purposes in
the real property in the City of Rosemead, County of
of Los Angeles, State of California, described as:
The Easterly 5 feet of the following described real
property:
The Southerly 45 feet of the Easterly 125 feet of
Lot 1 and the North 10 feet of Lot 2 of Tract No.
2078, in the City of Rosemead, in the County of
Los Angeles, State of California, as per map
recorded in Book 22, Page 135 of Maps in the Office
of the County Recorder of said County.
Exhibit "A"
Page Two
40
PARCEL 19. EDWARD G. MCCARTHY and ANNA W. MCCARTHY -
PROPERTY LEGAL DESCRIPTION
The Easterly 100 feet of Lot 8, Tract 2078, as per
map recorded in Book 22, Page 135 of Maps, in the
Office of the County Recorder of said County. Except
the Northerly 100 feet.
DESCRIPTION OF PARCEL TO BE ACQUIRED
An easement for public road and highway purposes in
the real property in the City of Rosemead, County of
Los Angeles, State of California, described as:
PARCEL A: The Easterly 5.00 feet of Lot 8 of Tract 20781
as per map recorded in Book 22, Page 135 of Maps, in
the Office of the County Recorder of said County.
Except the North 100.00 feet thereof.
PARCEL B: That portion of Lot 8 of Tract 2078, as per
map recorded in Book 22, Page 135 of Maps, in the Office
of the County Recorder of said County bounded as
follows:
On the East by the West line of Parcel A hereinabove
described, on the South by the North right-of-way line
of Emerson Place, 60.0 feet in width; on the Northwest
by the arc of a curve concave Northwesterly having a
radius of 17.00 feet and is tangent to said West and
North lines.
PARCEL 19A. (Property of McCarthy)
A temporary easement for construction purposes
described as:
A strip of land 5.00 feet wide lying westerly of and
adjoining Parcel 19 hereinabove described.
•
Exhibit "A"
Page Three
•
PARCEL 27. NORMAN J. WONG and SOPHIE C. WONG
PROPERTY LEGAL DESCRIPTION
The South 80 feet of Lot 4, of Tract 1495, in the
City of Rosemead, in the County of Los Angeles,
State of California, as per Map recorded in Book
26, page 51 of Maps, in the Office of the County
Recorder of said County.
DESCRIPTION OF PARCEL TO BE ACQUIRED
An easement for public road and highway purposes in
the real property in the City of Rosemead, County
of Los Angeles, State of California, described as:
The Easterly 5.00 feet of the South 80 feet of Lot 4,
Tract No. 1495, in the City of Rosemead, County of
Los Angeles, State of California, as per map recorded
in Book 26, Page 51 of Maps, in the Office of the
County Recorder of said County.
PARCEL 27A: (Property of Wong)
A temporary easement for construction purposes
described as:
A strip of land 5.00 feet wide lying westerly of and
adjoining Parcel 27 hereinabove described.
0 0
Exhibit "A"
Page Four
PARCEL 31. ESTATE OF PEARL LORA RAWHOUSER
. c/o Lawrence Clark, Attorney at Law
PROPERTY LEGAL DESCRIPTION
That portion of Lot 6 of Tract No. 1495, in the City
of Rosemead, in the County of Los Angeles, State of
California, as per Map recorded in Book 26, Page 51
of Maps, in the Office of the County Recorder of said
County, described as follows:
Beginning at the Northeast corner of said Lot 6, thence
Southerly along the Easterly line of said Lot 6, 59.38
feet to the Northerly line of the Southerly 170.00 feet.
Thence Westerly along said Northerly line, 110.00 feet
to the Westerly line of the Easterly 110.00 feet of said
Lot 6 thence Northerly along said Westerly line to the
Northerly line of said Lot 6. Thence Easterly along
said last mentioned Northerly line to the Point of Begin-
ning.
DESCRIPTION OF PARCEL TO BE ACQUIRED
An easement for public road and highway purposes in
the real property in the City of Rosemead, County of
Los Angeles, State of California, described as:
The Easterly 5.00 feet of that portion of Lot 6, Tract
No. 1495, in the City of Rosemead, in the County of
Los Angeles, State of California, as per map recorded
in Book 26, Page 51 of Maps, in the Office of the
County Recorder of said County, described as follows:
Beginning at the Northeast corner of said Lot 6; thence
Southerly along the Easterly line of said Lot 6, 59.38
feet tv the Northerly line of the Southerly 170.00 feet;
thence Westerly along said Northerly line, 110.00 feet
to the Westerly line of the Easterly 110.00 feet of
said Lot 6; thence Easterly along said last mentioned
Northerly line to the Point of Beginning.
PARCEL 31A. (Property of Rawhouser)
A temporary easement for construction purposes described
as:
A strip of land 5.00 feet wide lying westerly of and
adjoining Parcel 31 hereinabove described.
n
•
Exhibit "A"
Page Five
•
PARCEL 38. PIC'N SAVE OF CALIFORNIA, INC., a Corporation
PROPERTY LEGAL DESCRIPTION
Lot 1 and 2, Tract 3792, in the City of Rosemead,
in the County of Los Angeles, State of California,
as per Map recorded in Book 58, Page 52 of Maps,
in the Office of the County Recorder of said County.
DESCRIPTION OF PROPERTY TO BE ACQUIRED
An easement for public road and highway purposes in
the real property in the City of Rosemead, County of
Los Angeles, State of California; described as:
That portion of Lot 1 of Tract No. 3792, in the City
of Rosemead, County of Los Angeles, State of California,
as per map recorded in Book 58, Page 52 of Maps, in the
Office of the County Recorder of said County lying
within the following described parcel:
Beginning at the Northeast corner of said Lot 1; thence
Southerly along the Easterly line of said Lot 1 a
distance of 15.00 feet to the True Point of Beginning
of this description; thence, Westerly parallel to the
North line of said Lot 1 a distance of 38.00 feet;
thence, Southeasterly in a direct line to a point in
a line that is parallel with and 25.00 feet Westerly
from the East line of said Lot 1 said point being
Southerly, measured along said parallel line, 38.00
feet from the North line of said Lot 1; thence,
Southerly along said last mentioned parallel line
a distance of 105.78 feet; thence, Southeasterly in
a direct line to a point in the South line of Lot 33
of said Tract that is 15.00 feet Westerly from the
Southeast corner of said Lot 33; thence, Easterly
along said South line of Lot 33 a distance of 15.00
feet to said Southeast corner; thence, Northerly along
the East line of Lots 33, 32 and 1 a distance of 218.78
feet, more or less, to the True Point of Beginning.
PARCEL 38A: (Property of Pic'N Save of California, Inc.)
A temporary easement for construction purposes
described as:
A strip of land 5.00 feet wide lying westerly of and
adjoining Parcel 38 hereinabove described.
•
Exhibit "A"
Page Six
0
PARCEL 55. KWOK LEUNG CHOI and SHEUNG RING CHOI
PROPERTY LEGAL DESCRIPTION
The West 50 feet of Lot 1 of Mission Court Tract, in
the City of Rosemead, in the County of Los Angeles,
State of California, as per Map recorded in Book 12,
Page 133 of Maps, in the Office of the County Recorder
of said County.
Also that portion of the Easterly 50 feet of Del Mar
Avenue vacated, adjoining said land on the West.
DESCRIPTION OF PROPERTY TO BE ACQUIRED
An easement for public road and highway purposes in
real property in the City of Rosemead, County of
Los Angeles, State of California, described as:
PARCEL A: The Westerly 5.00 feet of the Northerly
T69.0 -feet of Lot 87 of the Lands of the San Gabriel
Improvement Company, in.the City of Rosemead, County
of Los Angeles, State of California, as per map recorded
in Book 54, Pages 71 and 72 of Miscellaneous Records,
in the Office of the County Recorder of said County.
PARCEL B: That portion of Lot 87 of the Lands of the
San Gabriel Improvement Company, in the City of Rosemead,
County of Los Angeles, State of California, as per map
recorded in Book 54, Pages 71 and 72 of Miscellaneous
Records, in the Office of the County Recorder of said
County bounded as follows:
On the West by the Easterly line of Parcel A hereinabove
described; on the North by the Southerly right-of--way
line of Emerson Place, 60.0 feet in width; on the
Southeast by the arc of a curve having a radius
of 17.00 feet and is tangent to said Easterly and
Southerly lines.
PARCEL 55A: (Property of Choi)
A temporary easement for construction purposes
described as:
A strip of land 5.00 feet wide lying easterly of and
adjoining Parcel 55 hereinabove described.