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CC RESOLUTION 4373- This page is part of your document- DO NOT DISCARD TITLE(S) : A FEE 33 1 CODE 20 CODE 19 CODE 9 04 1965727 _- CALIFORNIA 9:01 AM JUL 30 2004 Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. - THIS FORM NOT TO BE DUPLICATED Y MIT Number of AIN's Shown RESOLUTION NO.4373 I 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 2221 Park Place, Assessor Parcel Number 4138 -011 -045 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 fee interest, a permanent utility easement interest, a permanent ingress and egress easement and a permanent 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. -I- 04 1965727 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 9. 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. SECTIONS- This Resolution will become effective immediately upon adoption and remain effective unless superseded by a subsequent resolution. PASSED AND ADOPTED this 6thday of April 2004. t S' Mike Gordon, Mayor APPROVED AS F Mark D. Hens C By. Z4 , c/ } Karl H. Berger, Ass #ant City Attorney -2- 04 1965727 E CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) 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. 4373 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 April 2004. Cindy Wrtesen, City Clerk Of the City of El Segundo, California (SEAL) -3- 6th day of 04 1965727 'File with: DOUGLAS STREET (2) Gap Closure /Grade Separation A.P.N..4138 -011 -IIWc .045 T.G. 732 (d3) I.M. 069 -157 Fourth District M02D6854 LEGAL DESCRIPTION PARCEL NO. 2 -8IE: The northwesterly 20 feet of that certain parcel of land, in the southeast quarter of, Section 1S, Township 3 South, Range 14 West, as shown on map of the Subdivision of the part of the Sausal Redondo Rancho filed in Case No. 1 1629 ,of the Superior Court of the State of California for the County of Los Angeles, a copy of said map being filed as Clerk's Filed Map No. 218 in the Office of the Director of the Department of Public Works of said county, described in deed to 2221 PARK.PLACE ASSOCIATES, recorded on August 24, 1 999, as Document No. 99- 1587892, of Official Records, in the office of the Recorder of said county. Containing: 5777+ square feet. APPROVED AS TO DESCRIPTION June 2 , 2003 COUNTY OF LOS ANGELES By S Vi9H G CADASTRAL ENGINEER It Mapping and Property Management Division EXHIBIT A 04 1965727 PARCEL NO.2 -8DE: That portion of the southeast quarter of the above mentioned Section 18 within a strip of land 12.5 feet wide, the easterly sideline of said strip being described as follows: Beginning atthe northerly terminus oft hat certain course having a bearing and distance of South 0 003'52" East 299.81. feet in the above described PARCEL.NO. 2-8R; thence southerly, along said course, a distance of.160.73 feet. The westerly sideline of said 12.5 -foot strip of land shall be prolonged northerly so as to terminate in the above mentioned southwesterly boundary of PARCEL D -1. Containing: 2G81± square feet. APPROVED AS-TO DESCRIPTION �7CaYle 3 , 3-Op3 COUNTY OF LOS ANGELES B G CADASIRAL ENGINEERiI Mapping and PropeM Management Division 04 1965727 EXHIBIT A Page 2 of 2 File with: DOUGLAS STREET (2) Gap Closure /Grade Separation A.P.N. 4138- 011-VW 045 T.G. 732 (J3) I.M. 069 -157 Fourth District M02D6854 LEGAL DESCRIPTION PARCEL NO. 2 -8R: That portion of the southeast quarter of Section 18, Township 3 South, Range 14 West, as shown on map of the Subdivision of the part of the Sausal Redondo Rancho filed in Case No. 11629 of the Superior Court of the State of California for the County of Los Angeles, a copy of said map being filed as Clerk's Filed Map No. 218 in the office of the Director of the Department of Public Works of said county, within the following described boundaries: Beginning at the northerly terminus of that certain course having a bearing and distance of North 0 000'04" West 293.52 feet in the westerly boundary of Douglas Street, as described in deed to the City of El Segundo, recorded on July 6, 1965, as Document No. 2930, in Book D2966, page 354, of Official Records, in the office of the Recorder of said county, said northerly terminus also being a point in the southwesterly boundary of that certain parcel of land described as PARCEL D -1 in deed to Los Angeles County Transportation Commission recorded on February 1, 1991, as Instrument No. 91- 155546, of said Official Records; thence North 47 129'18" West along said southwesterly boundary, a distance of 6.24 feet; thence South 0 003'52" East 299.81 feet to the beginning of a tangent curve concave northwesterly and having a radius of 26.00 feet; thence southerly, southwesterly, and westerly, along said curve, through a central angle of 107 027'42 ", an arc distance of 48.76 feet; thence tangent to said curve North 72 °36'11" West 22.51 feet; thence South 21 032'39" West 1.53 feet to the generally northeasterly_ boundary of Park Place, as described in said deed to the City of El Segundo; thence southeasterly, easterly, and northeasterly, along said generally northeasterly boundary, and continuing northerly, along said westerly boundary of Douglas Street, to the point of beginning. Containing: 1487± square feet. To be known as DOUGLAS STREET. EXHIBIT A 04 1965727 Pagel of 2 File with: DOUGLAS STREET (2) Gap Closure /Grade Separation A.P.N. 4138- 011-DW 045 T.G. 732 (J3) I.M. 069 -157 Fourth District M02D6854 LEGAL DESCRIPTION PARCEL NO. 2-8U- That portion of that certain parcel of land in the southeast quarter of Section 18, Township 3 South, Range 14 West, as shown on map of the Subdivision of the part of the Sausal Redondo Rancho filed in Case No. 11629 of the Superior Court of the State of California for the County of Los Angeles, a copy of said map being filed as Clerk's Filed Map No. 218 in the office of the Director of the Department of Public Works of said county, described in deed to 2221 PARK PLACE ASSOCIATES, recorded on August 24, 1999, as Document No. 99- 1587892, of Official Records, in the office of the Recorder of said county, within a strip of land 6 feet wide, lying 3 feet on each side of the following described centerline: Beginning at a point in that certain course having a length of 381.03 feet in the centerline of Park Place, 60 feet wide, as said centerline is shown in Book 145, pages 21 and 22, of Record of Surveys, in the office of the Recorder of said county, said point being distant North 47 029'19" West 81.85 feet, along said certain course, from the southerly terminus of said certain course; thence North 42 030'23" East 249.08 feet to the beginning of a tangent curve concave to the west and having a radius of 15.00 feet; thence northerly, along said curve, through a central angle of 42 030'23 ", an arc distance of 11.13 feet; thence tangent to said curve, NORTH 61.42 feet to the beginning of a tangent curve concave to the southwest and having a radius of 20.00 feet; thence northwesterly, along said last mentioned curve, through a central angle of 47 048'30 ", an arc distance of 16.69 feet; thence tangent to said last mentioned curve North 47 048'30" West 61.99 feet to the beginning of a tangent curve concave to the east and having a radius of 5.00 feet; thence northerly, along said last mentioned curve, through a central angle of 53 °35'10 ", an arc distance of 4.68 feet; thence tangent to said last mentioned curve, North 5 046'39" East 10.00 feet. Containing: 2268+ feet. APPROVED AS TO DESCRIPTION 1yICE r GYi 16 , -Q OD4 COUNTY OF LOS ANGELES By , 1 S E VtSIN CADASTRAL ENGINEER II Mapping and Property Management Division EXHIBIT A 04 SCG C: \MyFiles\Road \Douglas \Legals.doc 1965727 N w,� \ N f o Lu r lz . W o� in k' /. ti =_ o 11 a. r Ln ��� / - II e F ^ Ln c� m IT- p {� / °, a I / m I a L E5 W ur rin �? w a NI QC-1) ds N a a � Q x \Q < az V) 04 1965727 Rrc-QT aF WAy MAP 1= xNIBIT E�>"