CC - 1981-68 - Acquisition by Eminent Domain located at 7723 Newmark•
RESOLUTION NO. 81-68
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RESOLUTION OF NECESSITY FOR ACQUISITION
BY EMINENT DOMAIN OF PUBLIC RIGHT OF WAY
FROM PROPERTY LOCATED AT 7723 NEWMARK
AVENUE
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY
FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. That the portions of the parcel described
on Exhibit A 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. All of said parcel is being acquired for
use for and in connection with providing public right of way
for a curb return at Evelyn Avenue, a public street which
abuts the subject property.
SECTION 3. The public interest and necessity require
the construction of the improvements on the parcel to be
acquired.
SECTION 4. That the taking of said parcel of land is
necessary for the providing of public right of way for a curb
return in a public street.
SECTION 5. 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 TELANOFF,
WALLIN, KRESS & 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,
BE IT FURTHER RESOLVED that the public interest and
necessity may require the taking of immediate possession, and
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that said attorneys are directed to institute proceedings
for the takin& 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.
1981.
ATTEST:
December
MAYOR
ITY CL K
PASSED, APPROVED and ADOPTED this 8th day of
2
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PARCEL NO.
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PAR'
TAK:
That portion of Lot 43 of Tract No. 7771, as per map
recorded in Book 87, pages 57 and 58, of maps, in the office
of the County Recorder of said County, described as follows:
Beginning at Southwest corner of said lot; thence
Northerly along the Westerly line of said lot to the
beginning of a tangent curve concave Northeasterly and
having a radius of 15 feet the Easterly terminus of said
curve being tangent to the Southerly line of said lot;
thence Southerly and Easterly along said curve to said
Easterly terminus; thence Westerly along said Southerly
line of said lot to the point of beginning.
EXHIBIT "A"
NEDWMARK AVE 50