CC - Item 3C - Res. No. 97-26 - Determining the Necesity for Acquisition by Eminent Domain of Easements for Street Purposes in Connection with the Widening of 7644 & 7645 Highcliff Street •
RESOLUTION NO. 9 7—2 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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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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