CC - 1987-43 - Acquisition by eminent domain at 7747 Emerson't
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RESOLUTION NO. 87-43
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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 7747 EMERSON PLACE,
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 1: That the described portions of the parcel
known as 7747 Emerson Place 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 Evelyn
Avenue (Garvey/Hellman).
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 Evelyn 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
o ~
all action necessary to complete the acquisition thereof in
the name of the City of Rosemead; and
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/27th day of October,
1987.
MAYOR
ATTEST:
CITY CLERK
EXHIBIT A
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:
A spandrel shaped piece of property within Lot 9 of
Tract No. 2078, in the City of Rosemead, County of Los
Angeles, State of California, as per map recorded in Book 22,
Page 135 of Maps, in the office of the County Recorder of
said County; excepting the Northerly 17.50 feet and the
Easterly 122.00 feet, thereof; bounded on the West by the
Easterly right-of-way line of Evelyn Avenue (60.00 feet wide)
bounded on the South by the Northerly right-of-way line of
Emerson Place (60.00 feet wide) and bounded on the Northeast
by the arc of a curve, concave Northeasterly having a radius
of 15.00 feet, being tangent to said Easterly right-of-way
line of Evelyn Avenue and to said Northerly right-of-way line
of Emerson Place.