CC - 1988-56 - Acquisition by eminent domain at 3332 ProspectRESOLUTION NO. 88-56
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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 3332 PROSPECT 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 3332 Prospect
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 I, 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 Prospect 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 Prospect 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
Resolution 88-56 - City of Rosemead
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
ATTEST:
C TY CLERK
I hereby certify that the foregoing Resolution 88-56 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 December, 1988, by the following vote:
Yes: DeCocker, Taylor, Bruesch, McDonald
No: None
Absent: Imperial
Abstain: None
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C Y CLERK
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City of Rosemead - Resolution 88-56
EXHIBIT A
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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 Westerly 4 feet of the Northerly 71 feet of Lot 35 of the
Andover Tract, in the City of Rosemead, in the County of
Los Angeles, State of California, as per map recorded in
Book 21, Page 155 of Maps, in the Office of the County
Recorder of said County.