HomeMy WebLinkAboutRES 2017-04RESOLUTION NO. 2017-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR FINDING AND DETERMINING THAT THE
PUBLIC INTEREST AND NECESSITY REQUIRE THE
ACQUISITION BY EMINENT DOMAIN OF INTERESTS IN
CERTAIN REAL PROPERTY FOR PUBLIC USE AND
AUTHORIZING AND DIRECTING CONDEMNATION OF PARCEL
NOS. 8718-005-007 AND 008.
WHEREAS, the City of Diamond Bar (the "City") is seeking to acquire 2.83
acres of property adjacent to and just north of the terminus of Sunset Crossing
Road by eminent domain; and
WHEREAS, the property is proposed to be acquired in fee and is legally
described in Exhibit "A" and depicted in Exhibit "B" (hereafter, the "Property"),
which are incorporated herein by reference; and
WHEREAS, approximately one acre of the Property is proposed to be
developed as a public neighborhood park with as yet unspecified amenities, while
the balance of the Property will be retained in its current condition of open space
with the potential for development in the future for as yet undefined
recreational/open space uses all serving the public interest; and
WHEREAS, the acquisition of Property will require acquiring interests from
a private party; and
WHEREAS, the City is authorized to exercise the power of eminent domain
to acquire the Property by Government Code § 37350.5; and
WHEREAS, in accordance with section 1245.235 of the California Code of
Civil Procedure on January 24, 2017 there was mailed a Notice of Hearing on the
Intent of the City to adopt a Resolution of Necessity for acquisition by eminent
domain of the interests the Property. The Notice of Hearing was mailed to the
listed address of all persons whose names appear on the last equalized county
assessment roll as having an interest in the Property; and
WHEREAS, the staff report, the environmental determinations therein and
all other evidence presented to the City Council, are incorporated herein by this
reference and made a part hereof as though fully set forth herein; and
WHEREAS, pursuant to section 1245.235 of the California Code of Civil
Procedure, the City scheduled a hearing on February 21, 2017 at 6:30 p.m. at
21865 Copley Drive, Diamond Bar, CA on whether to adopt a Resolution of
Necessity and referred to in section 1240.030 of the California Code of Civil
Procedure and gave each person whose property interest is to be acquired by
eminent domain an opportunity to appear and be heard on the following matters:
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A. Whether the public interest and necessity require the Property;
B. Whether the proposed use of the Property is planned or located in a
manner which is most compatible with the greatest public good and
the least private injury;
C. Whether the Property proposed to be acquired is necessary for the
Proposed use;
D. Whether the offer required by Government Code §7267.2 had been
given to the owner&of record; and
E. Whether the City had properly exercised all of its statutory
responsibilities and duties antecedent to the exercise of eminent
domain against the Property, including review under CEQA; and
WHEREAS, the City Council, as a result of such hearing, has determined
that the public health, safety and welfare require that the City acquires those
property interests described and depicted, respectively, in Exhibits "A" and "B" for
the proposed uses thereof; and
WHEREAS, the City may adopt- a Resolution of Necessity pursuant to
section 1240.040 of the California Code of Civil Procedure.
NOW, THEREFORE, by a vote of two thirds or more of its members (four
of five), the City Council of the City of Diamond Bar does hereby find, determine
and declare upon evidence presented, resolve and order as follows:
Section 1. Incorporation of Findings and Recitals. The above findings
and recitals are true and correct and are incorporated herein in full by this
reference.
Section 2. Compliance with California Code of Civil Procedure. There
has been compliance by the City with the requirements of section 1245.235 of the
California Code of Civil Procedure regarding notice and hearing.
Section 3. Public Use. The public use for which the interests in the
Property are to be acquired is for development of a neighborhood park and future
as yet unspecified recreational/open space uses, as more fully described above
and in the staff report accompanying this Resolution.
Section 4. Necessity.
The Property is necessary for the development of the neighborhood park
and to assist the City in implementing general plan goals by providing adequate
recreational opportunities for its residents, as well as the provision of open space.
Section 5. Description of Property Interests. The Property to be acquired
is more particularly described and depicted, respectively in Exhibits "A" and "B",
attached hereto and incorporated herein by reference.
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Section 6. Findings, The City Council hereby finds, determines and
declares each of the following:
(a) The public interest and necessity require acquisition of the Property
for the proposed uses;
(b) The proposed uses are and/or will be planned or located in the
manner that will be most compatible with the greatest public good and least private
injury;
(c) The Property, as described and depicted in Exhibit "A" and "B", is
necessary for the proposed use of the Property;
(d) The offer required by section 7267.2 of the California Government
Code has been made to the owner or owners of record; and
(e) All conditions and statutory requirements necessary to exercise the
power of eminent domain ("the right to take") to acquire the property described
herein have been complied with by the City.
Section 7. Authority to Exercise Eminent Domain. The law firm of
Woodruff Spradlin & Smart ("Counsel") is authorized, and empowered to
commence and maintain a proceeding in the County of Los Angeles to acquire for
the fee interest in the Property, including the improvements thereon, if any, by
eminent domain for the proposed Project.
Section 8. Use Not Unreasonably Interfering With Existing Public Use(s).
If, and to the extent, any of the interest in real property to be acquired is subject to
easements and rights-of-way appropriated to existing public uses that are not
owned by a public body, the herein described use or uses will not unreasonably
interfere with or impair the continuance of the public use as it now exists or may
reasonably be expected to exist in the future. As such, Counsel is authorized to
acquire the real property subject to existing public use(s) pursuant to section
1240.510 of the California Code of Civil Procedure. To the extent any of the
Property is subject to easements and rights-of-way appropriated to existing public
uses that are owned by a public body, the herein described use or uses will not
unreasonably interfere with or impair the continuance of the public use as it now
exists or may reasonably be expected to exist in the future. As such, Counsel is
authorized to acquire the Property subject to such existing public use(s) pursuant
to section 1240.510 of the California Code of Civil Procedure.
Section 9. Use More NecessarV Than Existing Public Use(s). If, and to
the extent, any of the Property, or any portion thereof, is already appropriated to a
public use, the use proposed for the Property is a more necessary public use than
the use to which the Property, or any portion thereof, is so appropriated. As such,
Counsel is authorized to acquire the Property pursuant to the powers conferred by
section 1240.610 of the California Code of Civil Procedure.
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Section 10. Prejudgment Possession. Counsel is authorized and
empowered to make application to the Court for an Order for Possession Before
Judgment pursuant to section 1255.410 of the California Code of Civil Procedure
and to make such security deposits as may be required by statute or by order of
the court.
Section 11. Further Activities. Counsel is further authorized and
empowered to take any steps required in connection with any steps previously
ordered. Counsel is further authorized to correct any errors or to make or agree to
non -material changes in the legal description of the Property that are deemed
necessary for the conduct of the condemnation action, or other proceedings or
transactions required to acquire the Property.
Section 12. CEQA Findings. In considering this Resolution, the staff
report, and all other documents, oral testimony and other evidence presented at
the hearing on this Resolution, the City Council finds that adoption of this
Resolution and acquisition of the Property is categorically exempt from the
California Environmental Quality Act ("CEQA") for the following reasons: (1) the
acquisition and proposed development of a neighborhood park qualifies as infill
development of less than five acres pursuant to CEQA guidelines § 15332; (2) the
acquisition and proposed development qualifies as an activity where it can be seen
with certainty that there is no possibility that it will have a significant effect on the
environment pursuant to CEQA guidelines § 15061, and (3) the acquisition is to
preserve open space or lands for park purposes pursuant to CEQA guidelines §
15325.
Section 13. Effective Date. This Resolution shall take effect upon
adoption.
PASSED, APPROVED and ADOPTED on this 21stday of February, 2017.
Jimmy , Mayo
, Attest:
Tommy Cribbins,
City Clerk
2017--44
I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council
of the City of Diamond Bar held on the 21atday of February, 2017, by the following vote:
AYES: COUNCIL MEMBERS: Herrera, Lyons, Tye, MFT/Low,
M/Lin
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS:None
ABSTAIN: COUNCIL MEMBERS: None
�' L (;, L_-
Tomrny4 A. Cribbins, City Clerk
City of Diamond Bar
2017-04
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EXHIBIT A
LEGAL DESCRIPTION
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL 2 OF PARCEL MAP NO. 12778, IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 156, PAGES_ 98, 99 AND 100 OF PARCEL MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM ALL OIL, GAS AND OTHER HYDROCARBONS AND MINERALS NOW OR AT ANY
TIME HEREAFTER SITUATED THEREIN AND THEREUNDER, TOGETHER WITH THE EXCLUSIVE
RIGHT TO DRILL FOR, PRODUCE, EXTRACT, TAKE AND MINE THEREFROM SUCH OIL, CAS AND
OTHER HYDROCARBONS AND MINERALS, AND TO STORE THE SAME UPON THE SURFACE OF SAID
LAND, OR BELOW THE SURFACE OF SAID LAND, TOGETHER WITH THE RIGHT TO STORE UPON THE
SURFACE OF SAID LAND, OIL, GAS AND OTHER HYDROCARBONS AND MINERALS WHICH MAY BE
PRODUCED FROM OTHER LANDS, WITH THE RIGHT OF ENTRY THEREON FOR SAID PURPOSES, AND
WITH THE RIGHT TO CONSTRUCT, USE, MAINTAIN, ERECT, REPAIR, REPLACE AND REMOVE
THEREON AND THEREFROM ALL PIPE LINES, TELEPHONE AND TELEGRAPH LINES, TANKS,
MACHINERY, BUILDINGS AND OTHER STRUCTURES, WHICH MAY BE NECESSARY AND REQUISITE TO
CARRY ON OPERATIONS ON SAID LANDS, WITH THE FURTHER RIGHT TO ERECT, MAINTAIN,
OPERATE AND REMOVE A PLANT, WITH ALL NECESSARY APPURTENANCES FOR THE EXTRACTION
OF GASOLINE FROM GAS, INCLUDING ALL RIGHTS NECESSARY OR CONVENIENT THERETO, AS
EXCEPTED AND RESERVED IN THE DEED FROM TRANSAMERICA DEVELOPMENT COMPANY, A
CALIFORNIA CORPORATION, RECORDED MARCH 29, 1968, AS INSTRUMENT NO. 2456 IN BOOK D3955,
PAGE 185 OFFICIAL RECORDS AND RE-RECORDED JUNE 19 1969 AS INSTRUMENT NO. 1776 IN BOOK
D4407 PAGE 591 OFFICIAL RECORDS.
ALL EASEMENTS AND RIGHTS-OF-WAY, AND OTHER RIGHTS TO THE USE AND OCCUPANCY OF THE
SURFACE OF THE ABOVE DESCRIBED LAND WERE QUITCLAIMED IN DEED RECORDED NOVEMBER
18, 1982 AS INSTRUMENT NO, 82-1160640, OFFICIAL RECORDS.
APN: 8718:905-007 & 008
EXHIBIT "B"
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