CC- 1989-29 - Acquisition by Eminent Domain af 2602 Willard•
RESOLUTION NO. 89-29
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY COUNCIL OF THE CITY OF ROSEMEAD
DETERMINING THE NECESSITY FOR ACQUISITION
BY EMINENT DOMAIN OF A PORTION OF THE
PROPERTY KNOWN AS 2602 WILLARD AVENUE,
ROSEMEAD, CALIFORNIA FOR PUBLIC ROAD AND
PUBLIC UTILITY PURPOSES
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY
FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
L
SECTION 1: That the described portions of the parcel known as 2602 Willard
Avenue described on Exhibit "A" attached hereto and incorporated herein by this
reference are being taken for street improvement (public road and public utility)
purposes pursuant to the authority of the City of Rosemead under:
(a) Article 1, Section 19 of the California Constitution; and
(b) Streets and Highways Code Section 4090.
SECTION 2: Said parcel is being acquired for use for and in connection with the
widening and improvement of Willard Avenue.
SECTION 3: The public interest and necessity require the construction of street
improvements on the parcel to be acquired.
SECTION 4: That the taking of said parcel of land is necessary for the widening
and improvement of Willard Avenue.
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.
SECTION 6: That the offer required by §7267.2 of the Government Code has
been made to the owners of record of said property.
BE IT FURTHER RESOLVED that the offices of WALLIN, KRESS,
REISMAN, PRICE & 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 an
easement for public road and public utility purposes over said parcel of land, and to
take all action necessary to complete the acquisition thereof in the name of the City of
Rosemead; and
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Resolution No. 89-29
%.a
BE IT FURTHER RESOLVED that the 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 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 13th day of June, 1989.
MAYOR
ATTEST:
CITY CLERI
I hereby certify that the foregoing Resolution No. 89-29 was duly and
regularly adopted by the City Council of the City of Rosemead at a
regular meeting thereof held on the 13th day of June, 1989, by the
following vote:
Yes: DeCocker, Taylor, McDonald, Bruesch, Imperial
No: None Absent: None Abstain: None
C CLERK
City of Rosemead
4,3
Resolution No. 89-29
EXHIBIT A
A spandrel shaped parcel of land within Lot 13
Rosemead, as per map recorded in Book 56, Page 77
County Recorder of said County, bounded as follows:
of-way line of Willard Avenue, 50.00 feet wide; on the
way line of Fern Avenue, 50.00 feet wide; on the Nor
concave to Northeast, having a radius of 18.00 feet an
Northerly lines.
9
4 of Tract No. 5242 in the City of
of Maps, in the office of the
on the West by the Easterly right-
South by the Northerly right-of-
beast by by the arc of a curve,
d is tangent to the Easterly and