CDC - Item 2 - 4106 Temple City Blvd. (Dearden)WALLIN, KRESS, REISMAN & KRANITZ
LAW OFFICES
2800 TWENTY-EIGHTH STREET. SUITE 315
SANTA MONICA, CALIFORNIA 90405-6205
TELEPHONE 13101 450-9582 '
FACSIMILE 13101 450-0506
Memorandum
To: Chairman an e bers Rosemead Community Development Commission
From: Peter .
mission Counsel
Subject: Resolution No: 2002=02 Resolution of Necessity for Acquisition of 4106
Temple City Boulevard (Dearden)
Date: March 20, 2002
On February 19, 2002 the Agency Executive Director met with Mr. Dearden and
presented him with an Offer to Purchase the above referenced property, an Appraisal
Summary, an Acquisition Statement, a draft Agreement for Acquisition of Real Property,
and a booklet on relocation benefits. Mr. Dearden refused to sign a receipt for the
documents and instructed the Executive Director to deal with his attorney on all matters.
I have sent all the documents to the Dearden's attorney together with the attached notice
of hearing on the resolution of necessity. The attorney has not responded to my offer to
negotiate for acquisition of the property. Nor has a request to be heard been received
from the owners or their attorney. Because they have sued the City to force the City to
acquire the property, they are not expected to oppose adoption of the resolution. If they
do appear they should be allowed to address the following matters that are germane to a
resolution of necessity:
1. Whether the public interest and necessity require the project;
2. Whether the project is planned or located in the manner that will be
most compatible with the greatest public good and the least private
injury;
3. Whether the property sought to be
project.
1 is necessary ft
COMMISSION AGENDA
MAR 2 6 2002
ITEM No. 02
I
WALLI N, KRESS, REISMAN& KRANITZ - -
LAw O"ICES
Chairman and Members Rosemead Community Development Commission
Page 2
March 20, 2002
Recommendation
That the Commission:
1. Hold a hearing to allow the property owner to address the issues;
2. Adopt Resolution No. 2002-2. Four affirmative votes are necessary for
adoption.
NOTICE OF INTENTION OF THE ROSEMEAD
COMMUNITY DEVELOPMENT COMMISSION TO ADOPT
A RESOLUTION OF NECESSITY FOR THE ACQUISITION .
OF 4106 TEMPLE CITY BOULEVARD, ROSEMEAD,
CALIFORNIA (AP NO. 8577-009-027)
TO: Jerry and Dolly Dearden
9165 Camino Real
San Gabriel, CA 91775-2009
TO: Christian Paul, Esq
25909 Pala, Suite 380
Mission Viejo, CA 92691-7907
YOU ARE HEREBY NOTIFIED pursuant to Code of Civil Procedure Section 1245.235
that the Board of Directors of the Rosemead Community Development Commission
intends to consider for adoption a resolution of necessity for acquisition by eminent
domain of 4106 Temple City Boulevard, Rosemead, California (Assessors Parcel
Number 8577-009-027) for redevelopment purposes. A description and plot plan of the
parcel sought to be acquired is attached hereto marked Exhibits "A" and incorporated
herein by reference. The hearing by the Commission Board on the resolution is set for
7:00 p.m., March 26, 2002 at the Council Chambers, Rosemead City Hall, 8838 E.
Valley Boulevard, Rosemead, CA 91770.
YOU ARE FURTHER NOTIFIED that you have the right to appear and be heard on:
1. Whether the public interest and necessity
require the project;
2. Whether the project is planned or located in the
manner that will be most compatible with the greatest.
public good and the least private injury;
3. Whether the property sought to be acquired is necessary for
the project;
However, you must file a written request to appear and be heard within fifteen (15) days
of the mailing of this notice by filing or delivering a written request to:
Frank Tripepi, Executive Director
ROSEMEAD CITY HALL
8838 E. Valley Boulevard,
Rosemead, CA 91770
You may use the bottom of this notice for the purpose of notifying the Agency of your
intent and desire to be heard. Your failure to timely file a written request to appear and
be heard will result in a waiver of your right to appear and be heard.
For further information contact Bradford Johnson, Planning Director, at (626) 569 2140 .
(Tear.Here)
REQUEST TO BE HEARD ON RESOLUTION OF NECESSITY
FOR THE ACQUISITION OF PROPERTY LOCATED AT
NAME:
ADDRESS:.
TELEPHONE:( )
Date:
Signature
RESOLUTION NO. 2002-02
A RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF
ROSEMEAD DETERMINING THE PUBLIC INTEREST
AND NECESSITY FOR ACQUIRING AND
AUTHORIZING THE CONDEMNATION OF A PARCEL
OF REAL PROPERTY COMMONLY KNOWN AS 4106
TEMPLE CITY BOULEVARD,ROSEMEAD,
CALIFORNIA (ASSESSORS PARCEL NUMBER 8577-
009-027)
THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
ROSEMEAD AFTER NOTICING AND CONDUCTING A HEARING AS REQUIRED
BY CODE OF CIVIL PROCEDURE SECTION 1245.235, DOES HEREBY FIND,
DETERMINE AND RESOLVE AS FOLLOWS:
Section 1. That certain real property hereinafter described is being taken for
redevelopment purposes pursuant to the authority of the Commission under Article I,
Section 19 of the California Constitution and Chapter 4, Article 7 of the California
Community Redevelopment Law commencing with Health and Safety Code section
33390.
. . Section 2. That the parcel is being acquired for redevelopment purposes and
elimination of blight in implementation of the Redevelopment Plan for Rosemead
Redevelopment Project Area No. 2.
Section 3. That the public interest and necessity require the acquisition of the
parcel for elimination of blight and redevelopment purposes in connection with
implementing the Redevelopment Plan for Rosemead Redevelopment Project Area No. 2.
Section 4. That the project is planned and located in the manner that is and will
be most compatible with the greatest public good and the least private injury.
Section 5. That the parcel to be taken is within the boundaries of Rosemead
Redevelopment Project Area No. 2 and is necessary for redevelopment purposes.
Section 6. That the offer required by Section 7267.2 of the Government Code
has been made to the owners of record of the parcel for acquisition of the property.
1
Section 7. The Commission is hereby authorized and empowered to acquire by
condemnation the fee simple interest in the following real property in the City of
Rosemead, County of Los Angeles, State of California:
LOT 1 of Tract 3749, in the City of Rosemead, as per map recorded in
Book 44 page 38 of maps, in the office of the county recorder of said
county.
Except therefrom said land that portion described as follows:
Beginning at the southwesterly corner of said lot; thence along the
southerly line of said lot; south 61 degrees 44' 00" east 117.13 feet to the
southeasterly corner of said lot; thence along the easterly line of said lot,
north 23 degrees 55'00" east 121.21 feet; thence westerly in a direct line to
a point in the westerly line of said lot distant along the said westerly line
north 18 degrees 13' 00" east 124.48 feet from the point of beginning;
thence south 18 degrees 13' 00" west 124.48 feet to the point of beginning.
Section 8. The offices of Wallin, Kress, Reisman, & Krantz are 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 purposes of acquiring said parcels of
land for the public uses and purposes hereinabove set forth, to deposit probable
compensation and to take all action necessary to complete the acquisition thereof in the
name of the Community Development Commission of the City of Rosemead. City
PASSED, APPROVED and ADOPTED by a vote of not less than two-thirds of its
members this 26th day of March, 2002.
COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF ROSEMEAD
By:
CHAIRMAN
ATTEST:
Commission Secretary