HomeMy WebLinkAbout2004 091 CC RESO2004 091 CC RESO L ³ v RESOLUTION NO. 2004-091
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK FINDING AND DETERMINING THE
PUBLIC INTEREST AND NECESSITY FORACQUIRING
AND AUTHORIZING CONDEMNATION OF CERTAIN
REAL PROPERTY MARLINDA AVENUE)
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, the City Council of the City of Baldwin Park City") by vote of not
less than two-thirds of its members, does hereby resolve and determine as follows:
SECTION 1. The real property described in Exhibit A attached hereto and
incorporated herein by this reference Property"), is located within the City.
SECTION 2. The Property is to be acquired for a public use, namely, for
widening of Marlinda Street, a public street. The City is authorized to acquire the
hereinafter described real property pursuant to Government Code 37350,37350.5,
37351 and the Eminent Domain Law of the State of California Code of Civil
Procedure. Title 7, Chapters 1-12, including, without limitation, Section 1240.010-
1240.700).
SECTION 3. On the basis of the information contained in that certain staff
report to the Mayor and Members of the City Council dated December 1, 2004,
which is incorporated herein by this reference, and all other written and oral
information, evidence and testimony presented to the City Council, the City Council
declares, finds and determines:
a) That the public interest and necessity require the proposed project;
b) That the project is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury;
c) That the hereinafter described real property is necessary for the
proposed project; and
d) That the offer required by Section 7267.2 of the Government Code has
not been made to the owner or owners of record because the owner(s) cannot
be located with reasonable diligence.
SECTION 4. The City is hereby authorized and empowered to acquire by
condemnation the fee title to the Property.
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SECTION 5. The City Attorney and/or the law firm of Kane, Ballmer &
Berkman are hereby authorized to prepare and prosecute in the name of the City
such proceeding or proceedings in the proper court having jurisdiction thereof, as
are necessary for such acquisition, and to prepare and file all pleadings, documents,
briefs, and other instruments, and to make such arguments and to take such actions
as may be necessary in their opinion to acquire the real property. The City Attorney
and/or the law firm of Kane, Ballmer & Berkman are specifically authorized to take
whatever steps and/or procedures are available to it under the Eminent Domain Law
of the State of California Code of Civil Procedure, Title 7, Chapters 1-12, Sections
1230.010-1273.050).
PASSED, APPROVED and ADOPTED this 1s1 day of December, 2004.
ManuetLo^ano
Mayor"
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF BALDWIN PARK
ss.
I, ROSEMARY RAMIREZ, Chief Deputy City Clerk of the City of Baldwin Park, do
hereby certify that the foregoing Resolution was duly approved and adopted at a regular
meeting of the City Council on December 1, 2004 by the following vote:
AYES:
COUNCILMEMBERS:
MARLEN GARCIA, DAVID J. OLIVAS, BILL
VAN CLEAVE, MAYOR PRO TEM RICARDO
PACHECO AND MAYOR MANUEL LOZANO
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
ROSE
CHIEF DEPUTY
EZ, CMC
ITY CLERK
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EXHIBIT 1
LEGAL DESCRIPTION OF PROPERTY
THE NORTHWEST 11.50 FEET OF LOT 13, IN BLOCK AA@ OF TRACT NO.
10935, IN THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 193, PAGES 44 AND 45
OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM, THE NORTHEASTERLY 217.00 FEET THEREOF.
ALSO EXCEPT THEREFROM: THE PRECIOUS METALS AND ORES THEREOF,
EXCEPTED FROM THE PARTITION BETWEEN JOHN ROWLAND, SR., AND
WILLIAM WORKMAN, IN THE PARTITION DEED RECORDED IN BOOK 10, PAGE
39 OF DEEDS.
ALSO EXCEPT: ALL THE OIL, GAS, ASPHALTUM AND OTHER HYDROCARBON
SUBSTANCES AND SUCH WATER AS MAY BE DEVELOPED AND USED IN
CONNECTION WITH THE EXTRACTING OF THE ABOVE MENTIONED
MINERALS, WITH RIGHT OF ENTRY AS RESERVED IN THE DEED FROM ANITA
M. BALDWIN, RECORDED IN BOOK 1729, PAGE 133, OFFICIAL RECORDS.
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