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CC RESOLUTION 4372- This page is part of your document- DO NOT DISCARD TITLE(S) : FEE FREE U CODE 20 CODE 19 CODE 9 04 1965726 CALIFORNIA 9:01 AM JUL 30 2004 III III I 11111111111111111 Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. - THIS FORM NOT TO BE DUPLICATED D.T.T Number of AIN's Shown RECORDING REQUEST BY WHEN RECORDED MAIL TO: City of El Segundo City Clerk's Office 350 Mail Street El Segundo, CA 90245 04-1965726 THIS LINE RESERVED FOR TITLE(S) EL SEGUNDO CITY COUNCIL RESOLUTION NO. 4372 A RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN PROPERTY FOR PUBIC PURPOSES (2221 Park Place, Assessor Parcel Number 4138 - 011 -036) RESOLUTION NO. 4372 04 19657216 A RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC PURPOSES The City Council does resolve as follows: SECTION 1 _ The City Council, after consideration of the staff report, staff presentation, discussion, oral testimony and evidence presented at its April 6, 2004 meeting finds, determines and declares as follows: A. The public interest, convenience and necessity require the acquisition by City of interest in and to certain real property located at 810 South Douglas Street, Assessor Parcel Number 4138 - 011 -036 for public purposes; to wit, for the construction of a street gap closure and railroad grade separation and all uses appurtenant thereto (the "Project ") ; and B. The interest in real property to be acquired is a temporary construction easement and a drainage easement in the real property described on Exhibit A, attached hereto and incorporated herein by this reference ('Property "). The Property is located within the City of El Segundo, County of Los Angeles, State of California. A map showing the general location of the Property is attached hereto, marked Exhibit B and incorporated herein by reference and made a part hereof; and C. The Project is planned and located in a manner that will be most compatible with the greatest public good and least private injury in that the City at this particular location want to construct a street gap closure project and a street grade separation project; and D. The taking of the Property is necessary for the stated Project and such taking is authorized by § 19, Article I of the California Constitution, §§ 37350.5 and 38000 et seq. of the California Government Code, § 1230.010 et seq., of the California Code of Civil Procedure, and other applicable law. The acquisition of the Property is necessary to relieve traffic congestion by the creation of an additional arterial route and to improve efficient of local and regional transit services thereby encouraging transit use; and E. The offer to purchase required by California Government Code § 7267.2 has been made to the owners of the Property. F. The necessary notice of hearing on this Resolution has been given, as required by Code of Civil Procedure § 1245.235. -1- 04 1965726 G. The Planning Commission is scheduled to deliberate whether the Project conforms with the City's General Plan as required by Government Code §65402(a) on April 8, 2004. H. All conditions and statutory requirements to exercise the power of eminent domain to acquire the Property described herein have been complied with by the City. SECTION 2. The City Council declares that it is its intention to acquire said Property in accordance with the provision of the laws of the State of California governing condemnation procedures. SECTION 3. The City Council further finds that if any portion of the area of the Property was appropriated to some public use, the public uses to which it is to be applied by City, as described above, are more necessary and paramount public uses, pursuant to Code of Civil Procedure section 1240.610. SECTION 4. The City Attorney is authorized and directed to prepare, institute and prosecute such proceedings in the proper Court having jurisdiction thereof as may be necessary for the acquisition of said Property, including the filing of an application for an Order for Possession prior to judgment. SFCTION 5- This Resolution will become effective immediately upon adoption and remain effective unless superseded by a subsequent resolution. PASSED AND ADOPTED this 4tb day of pp,; r F 12004. Mike Gordon, Mayor APPROVED A FO ' Mark WHe By:, Assistant City Attorney -2- It 04 1.965726 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO 1 I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing resolution, being RESOLUTION NO. 4372 was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 6th day of April 2004, and the same was so passed and adopted by the following vote: AYES: Gordon, jacobs, Gaines, McDowell, Wernick NOES: None ABSENT: None ABSTENTION: None NOT PARTICIPATING: None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 61-h day of April 2004. �hy Clerk Cindy M �fesen, City Clerk Of the City of El Segundo, California (SEAL) -I- r� 04 1965726 File with: DOUGLAS STREET (2) Gap Closure /Grade Separation (_ A.P.N. 4138 -011 -036 �1 T.G. 732 (J3) I.M. 069 -157 Fourth District M02D6854 LEGAL DESCRIPTION PARCEL NO. 2 -10T: That portion of Parcel 2, as shown on map filed in Book 208, pages 60 and 61, of Parcel Maps, in the office of the Recorder of the County of Los Angeles, within a strip of land 20 feet wide, the northerly and northwesterly sidelines of said strip being those certain courses shown as having bearings and distances of N 89 159'50" E 217.93 feet and N 42 °31'11" E 73.57 feet in the generally northerly boundary of said Parcel 2. The southerly and southeasterly sidelines of above - described 20 -foot strip of land shall be prolonged at the angle point so as to terminate at their point of intersection. Containing: 6006± square feet. APPROVED AS TO DESCRIPTION rr OF LOS ANGELES By QIU G CADASTRAL ENGINEER II S Mapping and Property Management Division EXHIBIT A 04 1965726 File with: DOUGLAS STREET (2) Gap Closure /Grade Separation A.P.N. 4138-011-036 T.G. 732 (J3) I.M. 069 -157 Fourth District M02D6854 LEGAL DESCRIPTION PARCEL NO. 2-1 ODE: That portion of Parcel 2, as shown on map filed in Book 208, pages 60 and 61, of Parcel Maps, in the office of the Recorder of the County of Los Angeles, within a strip of land 15 feet wide, the northerly and northwesterly sidelines of said strip being those certain courses shown as having bearings and distances of N 89 059'50" E 217.93 feet and N 42 °31'11" E 73.57 feet in the generally northerly boundary of said Parcel 2. The southerly and southeasterly sidelines of above - described 15 -foot strip of land shall be prolonged at the angle point so as to terminate at their point of intersection. Containing: 4471+ square feet. APPROVED AS TO DESCRIPTION Mar-ch (G , ow 4- COUNTY OF LOS ANGELES 0 By )� t1� S G CADASTRAL ENGINEER II Mapping and Property Management Division EXHIBIT A b- M. - N d` 4 LL 7 x U / I Ln r N Q, I Ln z ti a I N W Moa N CA LU J � � l< LL [] ti _z O ° U I o. W a � rr/ N rv� M u r � /f ap I, x a to CL a � � N ,}y LaY4 ed ,6 N Q I 6C Q Q V) �r y✓ d g� W �v �Q Q 04 1965726 RraHT or- W/NY MhP F- xHl81T ` g" s2