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Resolution - 6272• • RESOLUTION NO. __6.27Z A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN TEMPORARY AND PERMANENT EASEMENTS FOR PUBLIC STREET AND HIGHWAY, GRADING, UTILITY, SEWER AND INCIDENTAL PURPOSES AND ALL -USES APPURTENANT THERETO. (ASSESSMENT DISTRICT AD 80-1, PROSPERO DRIVE) THE CITY COUNCIL OF THE CITY.OF WEST COVINA, DOES HEREBY FIND,:DETERMINE ,AND RESOLVE;'AS ,FOLLO!,15:' SECTION 1. That on February 9, 1981, after fifteen (15) days written notice to the owners'of the property described hereafter, as it appeared on the last equalized County Assessment,roll, the City Council held a hearing for the purposes of allowing the owners thereof a reasonable opportunity to appear and be heard on the following matters: • (a) Whether the public interest or necessity requires the project; and .(b) Whether the project is planned or located in a manner which is most compatib-le`wjth the greatest,bubli.c:good and the least private injury; and (c.) Whether the property proposed to be acquired is necessary for the project. The City Council of the City of West Covina, as a result of said hearing, has determined that the public health, safety and welfare requires the acquis- ition by the City of temporary and permanent easements, more particularly des- cribed in Exhibit "A" attached hereto and by this reference made a part"hereof, for public street and highway, grading, utility, sewer and incidental purposes as necessary. (Prospero Drive and certain easements) SECTION 2. The City Council of the City. of !lest Covina does hereby find and determine and.declare that the public interest, convenience and necessity require the acquisition of said City of temporary and permanent easements for public street and highway, grading, utility, sewer and incidental purposes as necessary and all uses appurtenant thereto. The location of said project is planned in a manner which will be most compatible to the greatest public good and the least private injury.- The taking of the interest in said property as • above described is necessary to such project, and is authorized by Section 19 of Article 1 of the California Constitution, Section 27250.5 of the California Government Code,. and Sections 1240.010 through 1240.050 of the California Code of Civil Procedure. Such acquisiton of said property has been submitted to and favorably reported upon to.':the City Council by the !4est Covina Planning Commission as to conformity with the City's adopted General Plan pursuant to Section 65402 of the California Government Code. - 1 -- • SECTION 3. The City Council of the City of blest Covina does hereby delcare that it is the intention of said City to acquire said property in its name in accordance with the provisions of the laws of the State of California with reference to condemnation procedures. SECTION 4. The said property is located in the City of blest Covina, County of Los Angeles, State of California, and is particularly described in Exhibit "A" hereto. SECTION 5. The City Attorney, and the law firm of Burke, Williams and Sorensen, as Special Counsel, are hereby authorized and directed to prepare, institute and prosecute in the name of the City, such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquis- ition of certain temporary and permanent easements. Said counsel are also authorized and directed to obtain a necessary order of court -granting to said City and the right of immediate possession and occupancy of said property. SECTION 6. That the Environmental Quality Act of 1971, has been complied with insofar as the above application is concerned, and the City Council has reviewed the matters relating tothe negative declaration as filed and has determined that the negative declaration was appropriate and such procedure and declaration are hereby approved. SECTION 7. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 9th day of February , 1981. ATTEST: City Jerk 1 - 2 - • CI I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Test Covina at a regular meeting thereof held on the 9th day of February , 1981, by the following vote of the Council: AYES: Councilmen: Bacon, Tennant, Tice, Chappell, Shearer .NOES: Councilmen: None ABSENT: Councilmen: None APPROVED AS TO FORM City Attorney iA.P-- — 12.1 City Cle k - 3 - • PARCEL 1-A • An easement for street and highway purposes over that portion of Lot 6, Tract 2371, in the City of West Covina, County of Los Angeles, State of California per map recorded in Book 23, Pages 98 and 99 of ^-laps on file in the office of the County Recorder of said county, described as follows: Beginning at the Southeasterly corner of Parcel 1, as described in the deed to Ronald C. Mowry and Marilyn J. Mowry, recorded on December 14, 1976, as Instrument No. 1304 of Official Records; thence along the Southerly line of said Parcel 1 North 88"56' West 18.00 feet to a point on a tangent curve concave Westerly and having a radius of 39.00 feet, a radial line on 'said point bears South 88°56' East; thence Northerly, along said curve, through a central angle of 24'.53'00" and an arc length -of 16.94 feet to the beginning of a reverse curve, concave Easterly and having a radius of 81.00 feet, a radial line to said beginning bears North 660'11'00" East; thence Northerly, along last mentioned curve through a central angle of 17°49'00" and an arc length of 25.19 feet to the beginning of a reverse curve, concave Southwesterly and having a radius of 289.00 feet, a radial line to said beginning bears South 84000'00" West; thence Northerly, along last mentioned curve through a central angle of 390'11'57" and an arc length . of 197.72 feet to the beginning of a compound curve, concave Southwesterly and having a radius of 194.00 feet, a radial line to said beginning bears North 44" 48'03" East; thence Northwesterly, along last mentioned curve through a central angle of 39°38'04" and an arc length of 134.20 feet to the Westerly line of said Parcel l; thence North 1`04'00" East, along said Westerly line 17.83 feet to a point on a curve concave Southerly and having a radius of 215 feet, last mentioned curve being the Northerly line of said Parcel l; thence Southeasterly, along last mentioned curve through a central angle of 430'23'49" and.an arc length of 162.85 feet to the beginning of a.compound curve, concave Southwesterly and having a radius of 315 feet,,a radial line to said beginning bears North 46°34' East; thence Southeasterly and Southerly along last mentioned curve 244.65 feet through a central angle of 44`:30' and an arc length of 244.65 feet to the point of beginning. is PARCEL 1-B • A temporary easement for grading purposes over that portion of Lot 6, Tract 2371, in the City of West Covina, County of Los Angeles, State of California, per map recorded in Book 23, Pages 98 and 99 of Maps on file in the office of the County Recorder, of said county, described as follows: A 5.00 foot strip of land measured radially and at right angles Westerly and Southwesterly from the following described line: Beginning at the most Southwesterly point'of Parcel 1-A as described above, said point being on a curve concave Westerly and having a radius of 39.00 feet, a radial line to said point bears South 88°56' East; thence Northerly, along said curve, through a central angle of 24"53'00" and,an arc length of 16.94 feet to the beginning of a reverse curve, concave Easterly and having a radius of 81.00 feet, a radial line to said beginning bears North 66`11'00" East; thence Northerly along last mentioned curve through a central angle of 17°49'00" and an arc length of 25.19 feet to the beginning of a reverse curve, concave.Southwesterly and having a radius of 289.00 feet, a radial line to said beginning bears South 84°'00'00" West, thence Northerly, along'la§t mentioned, -curve through a central anIle.of • 39°11'57" and an arc length of 197.72 feet to the beginning of a compound curve, concave Southwesterly and having a radius of 194.00 feet, a radial line to said beginning bears North 44°.48'03" East; thence Northwesterly along last mentioned curve through a central angle of 39°38'04".and an arc length of 134.20 feet to the Westerly line of said Parcel l.. u PARCEL 2-A • An easement for street and highway purposes over that portion of Lot 6, Tract 2371, in the City of West Covina, County of Los Angeles, State of California, per map recorded in Book 23, Pages 98 and 99 of Maps on file in the office of the County Recorder, of said county, described as follows: Beginning at the most Northeasterly corner of Parcel 1, as described in a -deed to Bruce E. Jackman, a single man, recorded on June 16, 1961, as Instrument No. 5234, in Book D-1256 Page 608 of Official Records, said corner being on a curve concave Southerly and having a radius of 215.00 feet; thence Westerly, along said curve through a central angle of 17°36'11" and an arc length of 66.06 feet to a tangent being the Westerly continuation of the Northerly line of said Parcel 1; thence along said tangent; line South 750'34'00" -lest 115.00 feet; thence, along the Northwesterly line of said Parcel 1, South 34"26'00" 28..0feet, to a point on a non -tangent curve concave Northerly and having a radius of 42.00 feet, a radial line to said point bears South 430'57'28 West; thence Easterly, along last mentioned curve, through a central angle of 98°'55'37" and an arc length of 72.52 feet to the beginning of a reverse curve concave Southeasterly and having a radius of 58.00 feet, • a radial line to said beginning of last mentioned curve bears South 540'58'09" East; thence Northeasterly, along last mentioned curve, through a central angle of 40"32'09" and an arc length of 41.03 feet;,thence., t;ngent-to last mentioned curve, North 750 34100" East 41.75 feet, said tangent' being- parallel 'to.and'-15 00"feet Southerly of the Northerly boundary of said Parcel 1, to the beginning of a tangent curve concave Southerly and having a radius of 167..86 feet; thence Easterly, along last mentioned curve through a central angle of 190'14'09" and an arc length of 56.35 feet to the Easterly line of said Parcel l; thence Northerly along said Easterly line 14.84 feet to the point of beginning. 0 PARCEL 2-B • A temporary easement for grading purposes over that portion of Lot b, Tract 2371, in the City of West Covina, County of Los Angeles, State of California, per map recorded in Book 23, Pages 98 and 99 of Paps on file in the office of the County Recorder of said county, described as follows: A strip of land 5.00 feet in width, measured radially Southerly from the following described line: Beginning at a point on a curve concave Northerly and having a radius of 42.00 feet as described in the above described Parcel 2-A, a radial line to said point bears South 4Y 57'28" West; thence Easterly, along said curve, through a central angle of 98°55'37" and an arc length of 72.52 feet to the beginninq of a reverse curve concave Southerly and having a radius.of 58.00 feet; thence continuing Easterly along last mentioned curve, through a. central angle of 40032'09" and an arc length of 41.03 feet. • PARCEL 3-A An easement for street and highway purposes over that portion of Lot 6, Tract 2371, in the City of West Covina, County of Los Angeles, State of California, per map recorded in Book 23, Pages 98 and 99 of Maps on file in the office of the County Recorder of said county, described as follows: Beginning at the most Easterly corner of Parcel 1, as described in a deed to H. Donel Elshire and Roberta Armstrong Elshire, recorded April 3, 1956, as Document No. 1558 in Book 50769, Pages 449 of Official Records; thence South 34026'00" West along the Southeasterly line of said Parcel 1, 28.90 feet, to a non -tangent curve concave Easterly and having a radius of 42.00 feet, a radial line to said curve bears South 43057'28" West; thence Northerly along said curve through a central angle of 64°_04'16" and an arc length of 46.97 feet to the North- easterly line of said Parcel 1; then Southeasterly along said Northeasterly line 33.35 feet, to the point of beginning. PAR( FI I-R A temporary easement for grading purposes over that portion of Lot 6, Tract 2371, in the City of West Covina,.County of Los Angeles, State of California, per map recorded in Book 23, Pages 98 and 99 of Maps on file in the office of the County Recorder of said county, described as follows: A strip of land 5.00 feet in width, measured radially Westerly from the following described line: Beginning at the Southerly corner of the above described Parcel 3-A, said corner being on a curve concave Easterly and having a radius of 42.00 feet; thence Northerly, along said curve, through a central angle of 64°04'16" and an arc length of 46.97 feet to the Northeasterly line of the above mentioned Parcel 1. n LJ C� PARCEL 3-C . An easement for sewer and incidental purposes over the following described real property: The Westerly. 10.00 feet of the Northerly 45 feet of the land described as Parcel 1 in a deed to H. Donel Elshire and Roberta Armstrong Elshire recorded as Document number 1558 in Book $0769, Page 449 of Official Records on April 8, 1956 records of the County, Recorder of Los Angeles County, State of California. • PARCEL 4-A • An easement for street and highway purposes over that portion of Lot 6, Tract 2371, in the City of blest Covina, County of Los Angeles, State of California, Book 23, Pages 98 and 99 of Maps on file in the office of the County Recorder of said county, described as follows: Beginning at the most Southeasterly corner of Parcel 2, as described in the deed to Donald A. Thompson and Eugenia D. Thompson, recorded on June 30, 1976 as Instrument No. 5948 of Official Records, said corner being on the Southerly line of said Parcel 2; being a curve concave Southerly and having a radius of 215.00 feet; thence Westerly, along said curve through a central angle of 9°30'00" and an arc length of 35.65 feet; thence tangent, along the Southerly boundary of said Parcel 2, South 75'.34'00" West 115.00 feet; thence North 54026'00" West, along the Southwesterly line of said Parcel 2 36.46 feet to a non -tangent curve concave Southeasterly and having a radius of 45.00 feet, a radial line to said point bears North 70047'31" West; thence Northeasterly and Easterly along last mentioned curve through a central angle of 96°53'40" and an arc length of 76.10 feet to the beginning of a. reverse curve concave Northerly and having a radius • of 55.00 feet, a radial line to said beginninq of last mentioned curve bears North 26006'09" East; thence Easterly along said curve, through a central angle of 40°32'09"'and an arc length of 38.91 feet; thence tangent to last mentioned curve North.750'34'00" East 41.76 feet, said tangent line being parallel with and 24.00 feet Northerly, measured at right angles to the Southerly boundary line of said Parcel 2, to the beginning of a tangent curve concave Southerly and having a radius of 206.86 feet; thence Easterly, along mentioned curve through a central angle of 8`13'26" and an arc length of 29.69 feet to. the Northeasterly line of said Parcel 2, thence Southeasterly,along last mentioned line 10.36 feet to the Easterly line of said Parcel 2; thence Southerly along the Easterly line of said Parcel 2, South 4°56'00" East 15.00 feet to the point of beginning. • PARCEL 4-B An easement for grading and utility purposes over that portion of Lot 6, Tract 2371, in the City of West Covina, County of Los Angeles, State of California, Book 23, Pages 98 and 99 of Maps on file in the office of the County Recorder of said county, as described as follows: A strip of land 5.00 feet in width, measured radially and at right angles Northerly and Northwesterly from the following described line: Beginning at'the Northeast corner of the above described Parcel 4-A, said corner being a point on the Northeasterly line of said Parcel 2 and on a curve concave Southerly and.having a radius of 206.86 feet, thence Westerly along said curve, through a central angle of 8°13'26" and an arc length of 29.69 feet; thence tangent to said curve South 75°34'00" West 41.76 feet to a tangent curve concave Northerly and having a radius of 55.00 feet; thence West- erly along last mentioned curve through a central angle of 40°32'09" and an arc length of 38.91 feet to the beginning of a reverse curve concave Southwesterly and having a radius of 45.00 feet, a radial to said beginning of last mentioned curve bears South 26"06'09" West; thence Westerly and Southwesterly along last mentioned curve through a central angle of 96°53'40" and an arc length of 76.10 • feet to the Southwesterly line of Parcel 2. • PARCEL 4-C • An easement for sewer and incidental purposes over the following described real property; The Southerly 10.00 feet of the Westerly 185.43 feet of the land des- cribed as Parcel 2 in a deed to Donald A. Thompson and Eugenia D. Thompson recorded as instrument number 5948 of Official Records on June 30, 1976 records of the County Recorder of Los Angeles County, State of California. CJ • PARCEL 5-A • An easement for street and highway purposes over that portion of Lot 6, Tract 2371, in the City of West Covina, County of Los Angeles, State of California, per map recorded in Book 23 Pages 98 and 99 of Maps on file in the Office of County Recorder, of said County, described as follows: Beginning at the most Southerly corner of Parcel 1 as described in the deed to Donald A. Thompson and Eugenia D. Thompson recorded on June 30, 1976, per Instrument No. 5948 of Official Records; thence along the Southeasterly line of said Parcel 1 North 46°34'00" East 19.23 feet to a point on curve concave Southerly and having a radius of 331.00 feet, a radial line to said point bears North 47013'15" East; thence Northwesterly along said curve through a central angle of 2°25'12" and an. arc length of 13.98 feet to the beginning of a compound curve concave Southerly and having a radius of 236.00 feet, a radial line to said beginning. bears North 44"48'03" East; thence Westerly along said curve through a central angle of 37°54'24" and an arc length of 156.14 feet to the beginning of a compound curve concave Southerly and having a radius of 206.86 feet, a radial line to said beginning bears North 6°53'39" East; thence Westerly • along said curve through a central angle of 13`06'13" and an arc length of 47.31 feet to the Southwesterly line of said Parcel 1; thence Southeasterly along last- mentioned Southwesterly line 10.36 feet to the Westerly line of said Parcel 1; thence Southerly along said Westerly line 15.00 feet to a curve concave Southerly and having a radius of 215.00 feet, last mentioned curve being the Southerly line of said Parcel 1; thence Easterly and Southeasterly along last mentioned curve through a central angle of 51`'29'58" and an arc length of 193.25 feet to the point of beginning. 0 PARCEL. 5-B • An easement for grading and utility purposes over that portion of Lot 6, Tract 2371, in the City of West Covina, County of Los.Angeles, State of California, per map recorded in Book 23., Pages 98 and 99.of Maps on file in the office,of County Recorder, of said County, described as follows: A strip of land 5.00 feet in width, measured radially and at right angles Northeasterly and Northerly from the following described line: Beginning at the most Easterly point of the above described Parcel 5-A, said point being on a curve concave Southerly and having a radius of 331.00 feet, a radial line to said point bears North 47°13'15" East; thence Northwesterly along said curve through a central angle of 2`25'12" and an arc length of 13.98 feet to the beginning of a compound curve concave Southerly and having a radius of 236.00 feet, a radial line to said beginning bears North 44048'03" East; thence Westerly along last mentioned curve through a central angle of 37°:54'24" and an arc length of 156..14 feet to the beginning of a compound curve concave Southerly and having a radius of 206.86 feet, a radial line to said beginning bears North 60'53'39" East; thence Westerly along last mentioned curve through a central angle of 13006'13" and an arc length of 47.31 feet to the Southwesterly line of said Parcel 1. 0 19711F9Y113�-A=►i . An easement for street and highway purposes over that portion of Lot 6 of Tract 2371, in the City of West Covina, County of Los Angeles, State of California, per map recorded in Book 23, Pages 98 and 99 of Maps, on file in the office of the County Recorder of said County, described as follows: Beginning at the Southwesterly corner of Parcel 1 as described in a deed to Guy William Kinsman, Sr. and Myrna L. Kinsman, recorded on June 29, 1979, as Instrument No. 79-709056 of Official Records;.thence North 1°04' East 232.82 feet; thence South 88°56' East, 15.00 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 315.00 feet, a radial line to said beginning bears South 88056' East; thence Northwesterly, along said curve, through a central angle of 44"30' and an arc length of 244.65 feet to the most Westerly corner of said Parcel 1; thence along the Northwesterly line of said Parcel 1, 19.23 feet, said line being radial to the last mentioned curve and bearing North 46°34'00" East, to a point on a curve concave Southwesterly and having a radius of 331.00 feet, a radial line through said point bears North 47013'15" East; thence Southeasterly, along last mentioned curve through a central angle of 36°46'45" and an arc length of 212.47 feet, to the beginning of a reverse curve concave Easterly and having a radius of 39.00 feet,, a radial line to said beginning bears North 84"'00'00" East; thence Southerly along last mentioned curve through a central angle of 17°49'00" and an arc length of 12.13 feet to the beginning of a reverse curve concave Westerly and having a radius of 81.00 feet, a radial line to said beginning bears South 66°11'00" West; thence Southerly along last mentioned curve through a central angle of 24053'00" and an arc length of 35.18 feet; thence, tangent to last mentioned curve South 1004'00" West to the most Southerly line of said Parcel.l; thence Westerly, along said most'Southerly line of Parcel 1, to the point of beginning. 0 PARCEL 6-B-1 • An easement for grading and utility purposes over that portion of Lot 6, Tract 2371, in the City of West Covina, County of Los Angeles, State of California, per map recorded in Book 23, Pages 98 and 99 of Maps, on file in the office of the County Recorder of said County, described as follows: A strip of land 5.00 feet in width, measured at right angles and radially Northeasterly and Easterly from the following described line: Beginning at the most Northerly point of the above described Parcel 6-A, said point being on a curve concave Southwesterly and having a radius of 331.00 feet, a radial line through said point bears North 47°"13'15" East; thence Southeasterly along said curve through a central angle of 36°46'45" and an arc length of 212.47 feet to the beginning of a reverse curve concave Easterly and having a radius of 39.00 feet, a radial line to said beginning bears South 84°00'00" West; thence Southerly along last mentioned curve through a central angle of 17'.49'00" and an arc length of 12.13 feet to the beginning of a reverse curve concave Westerly and having a radius of 81.00 feet, a radial line to said beginning bears North 60`11'00" East; thence Southerly along last mentioned curve through a central angle of 24°53'00" and an arc length of.35.18 feet; thence • tangent to last mentioned curve South 1°04'00" West, 91.41 feet to the Westerly prolongation of the Northerly line of Lot B, Tract 2371. PARCEL.6-B=2 • An easement for grading and utility purposes over that portion of Lot 6, Tract 2371, in the City of West Covina, County of Los Angeles, State of California, per map recorded in Book 23, Pages 98 and 99 of Maps, on file in the office of the County Recorder of said county, described as follows: Beginning at -rile Northwesterly corner of Lot B of said Tract; thence, along the Westerly line of said Lot B, South 1°04'00" West 125.60 feet to the most Southerly line of said Lot 6; thence Westerly, along said most Southerly line, to the Southeasterly corner of the above described Parcel A; thence North 1°04'00" East, along the Easterly line of said Parcel A, to the Westerly prolong- ation of the Northerly line of•said Lotf'.B;'Ithence�," along'last.mentioned prolong- ation, South 88°56'00" East 10.65 feet to the point of beginning. • DARE FI 7_R • A temporary easement for grading purposes described as follows: The Easterly 19.00 feet of Parcel 1, in the City of !Jest Covina, County of Los Angeles, State of California per map recorded in Book 59, Page 26 of Record of Surveys on file in the Office of the County Recorder of said County. n LJ • PARCEL 8-C An easement for sewer and incidental purposes over the following described real property: The Northerly 10.00 feet of Lot 16 in Tract Number 25765, County of Los Angeles, State of California, as per map recorded in Book 702, Pages 9 to 11 of Maps, in the Office of the County Recorder of said County. 0