CC- 1989-60 - Acquisition by Eminent Domain of a Portion of 2563 Kelburn AveRESOLUTION NO. 89-60
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 2563 KELBURN 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:
SECTION l: That the described portions of the parcel known as 2563 Kelburn
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 Citv of Rosemead under:
(a) Article 1, Section 19 of the California Constitution: and
(b) Streets and Highwavs Code Section 4090.
SECTION 2: Said parcel is being acquired for use for and in connection with the
widening and improvement of Kelburn 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 necessarv for the widening
and improvement of Kelburn 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
i nj u ry.
SECTION 6: That the offer required by §72672 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 necessarv to complete the acquisition thereof in the name of the City of
Rosemead: and
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Resolution 89-60
Page 2
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 10th lof.October, 1989.
MAYOR
ATTEST:
i,ez Ce)a'4~
CITY CLERK
I hereby certify that the.foregoing Resolution No. 89-60 was duly and regularly
adopted by the City Council of the City of Rosemead at a.regular meeting thereof
held on the 10th day of October, 1989, by the following vote:
Yes: DeCocker, Taylor, McDonald, Bruesch, Imperial
No: None
Absent: None
Abstain: None
5C,. CLERK
Resolution No. • 60 •
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LEGAL DESCRIPTION - 2563 Kelburn Avenue
An easement for public road and public utility purposes in the real property in the City of
Rosemead, County of Los Angeles, State of California, described as:
The Easterly 4.00 feet of the South 43.25 feet of Lot 29 of Tract No. 2809, as per map
recorded in Book 33,- Page 76 of Maps, in the Office of the County Recorder of said County.
EXHIBIT "A"