CC – Item 3B – Staff Report Res. 97-26 Determining the Necessity for Acquisition by Eminent Domain of Easement Highcliff Street stat
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TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL '�/
FROM: IAF TANK G. TRIPEPI, CITY MANAGERx
DATE: �1 JULY 1, 1997
RE: RESOLUTION NO. 97 - 26; A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ROSEMEAD DETERMINING THE NECESSITY FOR
ACQUISITION BY EMINENT DOMAIN OF EASEMENTS FOR STREET
PURPOSES IN CONNECTION WITH THE WIDENING OF HIGHCLIFF
STREET (7644 AND 7645 HIGHCLIFF)
At the request of the owner of the property located at 7644 Highcliff Street, this item was
deferred at the City Council meeting of June 24, 1997.
Attached for the City Council's consideration is Resolution No. 97 -26. As the Council is
aware, the owners of the properties located at 7644 and 7645 Highcliff Street have
rejected the City's offers to purchase easements across their properties for street
purposes.
On April 8, 1997, the Agency rejected the property owner's counter-offers and directed
staff to initiate condemnation proceedings on the two properties. Adoption of Resolution
97 -26 is the first step to be completed in the condemnation process.
Also attached is a copy of the Notice of Intention to adopt the resolution of necessity. As
required, the Notice of Intention was mailed to the owners of the properties located at 7644
and 7645 Highcliff Street.
RECOMMENDATION
After hearing from the property owners, it is recommended that the City Council adopt
Resolution No. 97 - 26.
Attachments COUNCIL AGENDA
JUL 0 81997
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ITEM No. �. S -
RESOLUTION NO. 9 7—2 6
{ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD DETERMINING THE NECESSITY FOR
ACQUISITION BY EMINENT DOMAIN OF EASEMENTS FOR
STREET PURPOSES IN CONNECTION WITH THE WIDENING
OF HIGHCLIFF STREET(7644 AND 7645 HIGHCLIFF)
THE CITY COUNCIL 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. Those certain easements in real property described hereinafter are being taken
for public street purposes pursuant to the authority of the City under:
(a) Article I, Section 19 of the California Constitution; and
(b) Government Code section 37350>5.
Section 2. That said easements are being acquired for street widening and related
improvements to Highcliff Street as a public street in the City of Rosemead;
Section 3 That the public interest and necessity require the acquisition of the easements
in property hereinafter described for the proposed public street widening and improvement project;
Section 4. That the proposed 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 property interests to be taken hereinafter described are necessary for
the proposed project;
Section 6. That the offers required by Section 7267.2 of the Government Code have been
made to the owners of record of said property for acquisition of easements in the property;
Section 7. The City is hereby authorized and empowered to acquire by condemnation
the following interests in real property in the City of Rosemead, County of Los Angeles, State of
California:
Parcel A.
An easement for public street right of way and related purposes upon and across the
northerly 25.00 feet of the land described in the deed to Alfred Pinon and Josephine
Pinon, recorded December 1, 1993, as Instrument No. 93-2349413, of Official
Records in the Office of the County Recorder of Los Angeles County.
Parcel B.
A temporary easement for purposes of constructing street and related improvements
on Parcel A described above, including a driveway approach, to enter upon the
southerly 5.00 feet of the northerly 30.00 feet of the easterly 22.00 feet of the land
described in the deed to Alfred Pinon and Josephine Pinon, recorded December 1,
1993,'as Instrument No. 93-2349413,of Official Records in the Office of the County
Recorder of said County.
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Parcel C.
An easement for public street right of way and related purposes upon and across the
southerly 25.00 feet of the land described in the deed to John N. Vigil and Anna
Maria Vigil, recorded May 9, 1969, as Instrument No. 1628, of Official Records in
the Office of the County Recorder of Los Angeles County.
Parcel D.
A temporary easement for purposes of constructing street and related improvements
ori Parcel C described above, including a driveway approach, to enter upon the
northerly 5.00 feet of the southerly 30.00 feet of the land described in the deed to
John N. Vigil and Anna Maria Vigil,recorded May 9, 1969, as Instrument No. 1628,
of Official Records in the Office of the County Recorder of Los Angeles County.
BE IT FURTHER RESOLVED that the offices of Wallin,Kress,Reisman, &Krantz,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 purposes of acquiring said parcels
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 public interest and necessity require the taking of
immediate possession, and that said attorneys are directed to institute proceedings for the taking of
immediate possession to the parcels for street purposes upon complying with requirements of the
law applicable thereto, and that security for said immediate possession be deposited and maintained
pursuant to law.
PASSED, APPROVED and ADOPTED by a vote of not less than two-thirds of its members
this day of , 1997.
CITY COUNCIL OF THE CITY OF ROSEMEAD
By:
ATTEST:
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NOTICE OF INTENTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD TO ADOPT A RESOLUTION OF NECESSITY FOR THE
ACQUISITION OF EASEMENTS IN PROPERTIES AT 7644 AND 7645
HIGHCLIFF STREET FOR PUBLIC RIGHT OF WAY PURPOSES.
TO: John N.Vigil and Anna Maria Vigil Alfred Pinon and Josephine Pinon
7645 Highcliff Street, 7644 Highcliff Street,
Rosemead, California 91770 Rosemead,California 91770
YOU ARE HEREBY NOTIFIED pursuant to Code of Civil Procedure Section 1245235 that
the City Council of the City of Rosemead intends to consider for adoption a resolution of
necessity for acquisition by eminent domain of easements across portions of the properties
located at 7644 and 7645 Highcliff Street, Rosemead, California for public right of way
purposes. Descriptions and plot plans of the easements sought to be acquired are attached
hereto marked Exhibits"A"and "B"and incorporated herein by reference. The hearing by the
City Council of the City of Rosemead on the resolution is set for 8:00 p.m.,June 24, 1997,at the
Council Chambers, Rosemead City Hall, 8838 East Valley Blvd., Rosemead, California 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;
4. Whether the offer required by Government Code Subsection
7267.2 has been made to the owner or owners of record.
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, City Manager
ROSEMEAD CITY HALL -
8838 East Valley Blvd.
Rosemead, California 91770
You may use the bottom of this notice for the purpose of notifying the City of your intent
and desire to be heard. Your failure to timely file a written request to appear and be heard may
result in a waiver of your right to be heard.
For further information contact:
Donald J.Wagner,Assistant City Manager
or Fred Wickman, City Engineer
At(818)288-6671
(Tear Here)
REQUEST TO BE HEARD ON RESOLUTION OF NECESSITY
FOR THE ACQUISITION OF PROPERTY LOCATED AT
•
NAME:
ADDRESS:
TELEPHONE: ( ) •
Date:
Signature
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Exhibit A
Legal Description of Street Easement
7644 Highclilf Street, Rosemead
Parcel A-
An easement for public street right of way and related purposes upon and across
the northerly 25.00 feet of the land described in the deed to Alfred Pinon and
Josephine Pinon,recorded December I, 1993, as Instrument No. 93-2349413, of
Official Records in the Office of the County Recorder of Los Angeles County.
Parcel B.
A temporary easement for purposes of constructing street and related
improvements on Parcel A described above, including a driveway approach, to
enter upon the southerly 5.00 feet of the northerly 30.00 feet of the easterly 22.00
feet of the land described in the deed to Alfred Pinon and Josephine Pinon,
recorded December 1, 1993, as Instrument No. 93-2349413, of Official Records
in the Office of the County Recorder of said County.
Page 1 of 2
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Exhibit B
Legal Description of Street Easement
7645 Highcliff Street, Rosemead
Parcel C. •
An easement for public street right of way and related purposes upon and across
the southerly 25.00 feet of the land described in the deed to John N. Vigil and
Anna Maria Vigil,recorded May 9, 1969, as Instrument No. 1628, of Official
Records in the Office of the County Recorder of Los Angeles County.
Parcel D.
A temporary easement for purposes of constructing street and related
improvements on Parcel C described above, including a driveway approach, to
enter upon the northerly 5.00 feet of the southerly 30.00 feet of the land described
in the deed to John N. Vigil and Anna Maria Vigil, recorded May 9, 1969, as
Instrument No. 1628, of Official Records in the Office of the County Recorder of
Los Angeles County.
Page 1 of 2
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