HomeMy WebLinkAboutResolution No. 5212RESOLUTION NO. 5215
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AZUSA FINDING THAT THE PUBLIC INTEREST, CONVENIENCE
AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN
PROPERTY FOR STREET PURPOSES AND AN EASEMENT FOR
SLOPE PURPOSES - GLADSTONE STREET.
The City Council of the City of Azusa does resolve as follows:
SECTION 1. That the City Council hereby finds, determines
and declares that the public interest and necessity require the acqui-
sition of right of way in, on, over and under Parcel No. 1 of the herein-
after described real property for public street purposes and all uses
appurtenant thereto, and of a slope easement adjacent to said street in,
on, over and under Parcel No. 2 of the hereinafter described real property.
That the location of the land for said street and slope have
been planned and located in the manner which will be most compatible to
the greatest public good and the least private injury.
SECTION 2. That the City Council finds, determines and
declares that, in order to acquire said right of way and slope easement
in, on, over and under said respective parcels of land for said purposes,
and use the same for said purposes, the public interest, convenience
and necessity require the acquisition of the right of way and easement by
the City of Azusa in, on, over and under that certain real property herein-
after described and the City Council hereby declares it is the intention
of the City of Azusa to acquire in its name said right of way and said
easement in, on, over and under said hereinafter described real property
by condemnation in accordance with the provisions of the Code of Civil
Procedure and the Constitution of the State of California authorizing
the exercise of the right of eminent domain.
SECTION 3. That said real property, the acquisition of which
is required by the public interest, convenience and necessity for the
purpose set forth in Sections 1 and 2 hereof, is described as follows:
Parcel No. 1:
The northerly 20.00 feet of the following described
property:
Parcel No. 2:
The southerly 5.00 feet of the northerly 25.00 feet
of the following described property:
The property mentioned as "the following described
property" in both Parcel No. 1 and Parcel No. 2 above
is:
That portion of the southeast quarter of Fractional Section
3, Township 1 South, Range 10 West, San Bernardino meridian,
in the county of Los Angeles, state of California, according
to the official plat of said land filed October 31, 1873
bounded by the following described lines:
Beginning at the northwest corner of the northeast quarter
of the southeast quarter of said Fractional Section 3, being
a point in the southerly line of that portion of Gladstone
Street, shown as 50 feet wide on the map of Tract No. 18504,
recorded in book 473 pages 47 and 48 of Maps, records of
said county; thence easterly along said southerly line
of Gladstone Street, 40 feet; thence southerly parallel
with the westerly line of said northeast quarter of the
southeast quarter of Fractional Section 3, a distance of
72 feet; thence westerly parallel with said southerly line,
40 feet to said westerly line; thence southerly along said
westerly line, 75.93 feet, more or less, to the northwesterly
0 0
line of the 65 foot wide strip of land condemned for flood
control purposes and described in Parcel 138 of a final
decree of condemnation entered in Case No. 561681, Superior
Court of the State of California, in and for the county of
Los Angeles, a certified copy of which final decree was
recorded September 24, 1951 as instrument No. 2611, in
book 37269 page 362, Official Records; thence southwesterly
along said northwesterly line and along the northwesterly
line of the 65 foot strip of land condemned for flood
control purposes and described in parcel 137 of a final
decree of condemnation entered in said action, a certified
copy of which final decree was recorded April 4, 1950 as
instrument No. 3292, in book 32760 page 216 of said
Official Records, a distance of 617.28 feet, more or less,
to the westerly line of the land described in that "Certi-
ficate of Cancellation and Withdrawal of Registered Land",
recorded February 19, 1954 as instrument No. 4528, in book
43875 page 365, of said Official Records; thence northerly
along said westerly line, 466.44 feet, more or less, to
said southerly line of Gladstone Street; thence easterly
along said southerly line, 529.04 feet, more or less, to
the point of beginning.
EXCEPT therefrom that portion of said land described as
"Parcel 455" in the deed recorded November 15, 1961 as
instrument No. 4151, in book D-1421 page 597, Official
Records of said county.
SECTION 4. That the City Attorney of the City of Azusa and
Burke, Williams & Sorensen hereby are authorized, empowered and directed
to prepare, institute and prosecute in the name of the City of Azusa
such proceedings in the proper court having jurisdiction thereof as
are necessary for the condemnation of said right of way and slope easement
in said respective properties described in Section 3 of this resolution.
Said attorneys hereby are authorized and empowered to take
such procedure as may be necessary to secure an order of immediate
possession for the use of and occupancy of said property.
SECTION 5. The City Clerk shall certify to the adoption of
this resolution.
APPROVED AND ADOPTED THIS 17th day of April , 1967.
Mayor
ATTEST:
x I hereby certify that the foregoing resolution was adopted
at a regular meeting of the City Council of the City of Azusa held on
the 17th day of April , 1967, by the following vote:
AYES: Councilmen: Rubio, Solem, McLees, Memmesheimer
NOES: Councilmen: None
ABSENT:Councilmen: Cooney