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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: 2017-04 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. 2017--04 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. 2017-04 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 r - 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" CR �CR AL- ra. y C o N L no a� c - roCo ; T Al s ,Nzw a�m New• mp