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CC RESOLUTION 4374- This page is part of your document- DO NOT DISCARD - TITLE(S) : FEE FREE [J I CODE 20 CODE 19 CODE 9 04 1965728 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 D.T.T Number of AIN's Shown RESOLUTION NO. 4374 04 1965728 3 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 601 Hawaii Street, Assessor Parcel Number 4138 - 010 -010 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 and a permanent ingress and egress 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 was made to the owners of the Property. 04 1965728 F. The necessary notice of hearing on this Resolution has been given, as required by Code of Civil Procedure § 1245.235. 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. SECTION 5• 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. Mike Gordon, Mayor APPROVED AS ,, "F Mark D. Hens ; Q By: -' Berger, Assistant City Attorney v� -2- 04 1965728 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. 4374 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 6th April 2004. Cindy M esen, City Clerk Of the City of El Segundo, California (SEAL) -3- day of 04 1965728 File with: DOUGLAS STREET (2) Gap Closure /Grade Separation Affects: West Coast Basin Barrier Project Parcel No. 48, 176 -RW4 A.P.N. 4138- 010 -010 T.G. 732 (J3) I.M. 069 -157 Fourth District M02D6854 LEGAL DESCRIPTION PARCEL NO. 2 -3R: That portion of that certain parcel of land in Lot 26, Tract No. 26557, as shown on map recorded in Book 675, pages 95 through 98, inclusive, of Maps, in the office of the Recorder of the County of Los Angeles, described as PARCEL 2 in deed recorded on March 1, 2001, as Document No. 01- 0337062, of Official Records, in the office of said recorder, within the following described boundaries: Beginning at the most westerly corner of said lot; thence North 42 030'32" East, along the northwesterly line of said lot, a distance of 37.97 feet; thence South 21'33'56" East 28.18 feet to a point, said point being the beginning of a non - tangent curve concave southwesterly and having a radius of 371.00 feet, a radial of said curve to said point bears North 49 049'43" East; thence southeasterly, along said curve, through a central angle of 15 °21'24 ", an arc distance of 99.44 feet to a point on the southwesterly line of said lot, said last- mentioned point being distant southeasterly 121.11 feet, along said southwesterly line, from said most westerly corner; thence northwesterly, along said southwesterly line, to the point of beginning. Containing: 2255± square feet. To be known as DOUGLAS STREET. APPROVED AS TO DESCRIPTION "tpri 1 24 .:2005 COUNTY OF LOS ANGELES /I �4lUc- SS1 p IS G CADASTR4L ENGINEER II Mapping and Property Management Division EXHIBIT A ►J 04 1965728 File with: DOUGLAS STREET (2) Gap Closure /Grade Separation A.P.N. 4138 -010 -010 T.G. 732 (J3) I.M. 069 -157 Fourth District M02D6854 LEGAL DESCRIPTION PARCEL NO. 2 -3U: Part A: That portion of that certain parcel of land in Lot 26, Tract No. 26557, as shown on map recorded in Book 675, pages 95 through 98, inclusive, of Maps, in the office of the Recorder of the County of Los Angeles, described as PARCEL 2 in deed recorded on March 1, 2001, as Document No: 01- 0337062, of Official Records, in the office of said recorder, within a strip of land 10 feet wide, the southwesterly sideline of said strip of land being described as follows: Commencing at a point in the northwesterly line of said lot, said point being distant North 42 030'32" East 37.97 feet, along said northwesterly line, from the most westerly corner of said lot; thence South 21 °33'56" East 28.18 feet to a point, said last- mentioned point being the beginning of a non - tangent curve concave to the southwest and having a radius of 371.00 feet, a radial of said curve to said last - mentioned point bears North 49 049'43" East; thence southeasterly, along said curve, through a central angle of 15 021'24 ", an arc distance of 99.44 feetto a point on the southwesterly line of said lot, said last- mentioned point being distant southeasterly 121.11 feet, along said southwesterly line, from said most westerly corner; thence South 47 029'18 "East, along said southwesterly line, a distance of 43.89 feet to the most southerly corner of said PARCEL 2; thence northeasterly, along the southeasterly line of said PARCEL 2, a distance of 1.11 feet to a point on a curve concentric with and 20 feet northeasterly, measured radially, from said curve described as having a radius of 371.00 feet, said last- mentioned point also being the TRUE POINT OF BEGINNING; thence northwesterly, along said concentric curve, through a central angle of 25 020'40 ", an arc distance of 172.96 feet to said northwesterly line. EXHIBIT A Page 1 of 2 04 1965728 The northeasterly sideline of the above - described 10 -foot strip of land shall be shortened southerly and northwesterly so as to terminate in said southeasterly and northwesterly lines, respectively. Part B: That portion of above - mentioned Lot 26 within the following described boundaries: Beginning at the most southerly corner of above -mentioned PARCEL 2; thence North 47 029'18 "West, along the southwesterly line of said lot, a distance of 14.14 feet; thence North 9 029'34 "West 32.22 feet to the southwesterly sideline of that 10- foot strip of land in above - described Part A; thence southeasterly, along said southwesterly sideline, to the southeasterly line of said PARCEL 2; thence southwesterly, along said southeasterly line, to the point of beginning. Total area of PARCEL NO. 2 -31-1, having two parts, containing: 1907+ square feet. APPROVED AS TO DESCRIPTION 1�cemLr 8 ,`1003 COUNTY OF LOS ANGELES 0 By i S G CADASTRAL ENGINEER II Mapping and Property Management Division EXHIBIT A Page 2 of 2 04 1965728 File with: DOUGLAS STREET (2) Gap Closure /Grade Separation Affects: West Coast Basin Barrier Project Parcel No. 48, 176 -RW4 A.P.N. 4138- 010 -010 T.G. 732 (J3) I.M. 069 -157 Fourth District M02D6854 LEGAL DESCRIPTION PARCEL NO. 2 -31E: That portion of that certain parcel of land in Lot 26, Tract No. 26557, as shown on map recorded in Book 675, pages 95 through 98, inclusive, of Maps, in the office of the Recorder of the County of Los Angeles, described as PARCEL 2 in deed recorded on March 1, 2001, as Document No. 01- 0337062, of Official Records, in the office of said recorder, within a strip of land 20 feet wide, the southwesterly sideline of said strip being described as follows: Beginning at a point in the northwesterly line of said lot, said point being distant North 42 030'32" East 37.97 feet, along said northwesterly line, from the most westerly corner of said lot; thence South 21 033'56" East 28.18 feet to a point, said point being the beginning of a non - tangent curve concave to the southwest and having a radius of 371.00 feet, a radial of said curve to said point bears North 49 049'43" East; thence southeasterly, along said curve, through a central angle of 15 021'24 ", an arc distance of 99.44 feet to a point on the southwesterly line of said lot; said last- mentioned point being distant southeasterly 121.11 feet, along said southwesterly line, from said most westerly corner. The northeasterly sidelines of the above- described 20 -foot strip of land shall be prolonged or shortened at the angle point so as to terminate at their point of intersection, and shall be extended northerly and southerly so as to terminate in said northwesterly line and southwesterly line of said Lot 26, respectively. Containing: 3077± square feet. APPROVED AS TO DESCRIPTION MOB/ 13 2003 COUNTY OF LOS ANGELES By, tmobWVC9 --- -' S P JS G CADASTRAL ENGINEER II Mapping and Property Management Division EXHIBIT A D i U)~ W to c C g LU + Lu : in ti 22 a o x d• � ,� � U r r i Ln l9 r. cc Ln 0 yo W JIa I rr• P � / ti e d0 ��• a a oz U� LLF co CL Co vp Cl LIJ LL a BE �,. NQ Q z 666° ,1 p Q as st V) t � � Y «. I i RIGAT Dfz WAY NAAF �xNT81T "1371