Resolution - 7172RESOLUTION NO. 7172
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, RESCINDING RESOLUTION
NO. 7152 AND FINDING AND DETERMINING THAT THE
PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE
THE ACQUISITION OF CERTAIN REAL PROPERTY FOR
STREET PURPOSES AND ALL USES APPURTENANT THERETO
(MERCED AVENUE).
THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
DOES HEREBY DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. That Resolution No. 7152, 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 real property for
public street purposes and all uses appurtenant thereto, being a
resolution which pertains to the identical real property herein-
after described and a resolution which was adopted after a duly
noticed public hearing as required by Sections 1245.210 et seq.
of the California Code of Civil Procedure, is hereby rescinded
due to the fact that the legal description for one of the real
properties contained a form error. Specifically, such property
was described as the "southeasterly 10.00 feet of Lots 9, 10 and
11 of Tract No. 1123 per Map recorded in Book 198, Page 150 of
Maps on file in the Office of the County Recorder of [Los Angeles]
County" when, in fact, it is the southwesterly portion of such
property which the City seeks to acquire.
The property owners of the properties which are the
subject of Resolution No. 7152 and this resolution received
written notification of the form error in Resolution No. 7152 and
that the City Council would consider a recommendation from the
City Engineer to rescind that Resolution and adopt this
Resolution in its place in order to correct the error at its
April 28, 1986, meeting.
SECTION 2. That the City Council of the City of West
Covina does hereby find, determine and declare that the public
interest, convenience, and necessity require the acquisition by
said City of fee interests in and to certain hereinafter described
real property for street purposes and all uses appurtenant thereto.
That the project is planned or located in the manner
that will be most compatible with the greatest public good and the
least private injury;
That the taking of the interest of said property as
above described is necessary to such use and is authorized by
• Section 19, Article I, of the California Constitution, Section
37350.5 of the California Government Code, Section 1240.010
through 1240.050 of the California Code of Civil Procedure.
SECTION 3. That the City Council of the City of West
Covina does hereby declare that it is the intention of said City
to acquire said property in its name in accordance with the provi-
sions of the laws of the State of California with reference to
condemnation procedures. Said City has made an offer to acquire
said real property as required by Section 7267.2 of the Government
Code.
RESOLUTION NO. 7172
•
•
SECTION 4. That said real property hereinabove ..
referred to,the acquisition of which is required by said public
interest, convenience and necessity for the purposes set forth
in Section:.l, hereof, is located in the County of Los Angeles,
State of California, and is more particularly described in
Exhibit "A" which is attached hereto and incorporated herein by
reference and made a part hereof. A map showing the general
location of the property sought to be acquired in this proceeding
is marked Exhibit "B attached hereto and incorporated herein
by reference and made a part hereof.
SECTION 5. That the City Attorney and the firm of
BURKE, WILLIAMS AND SORENSEN are hereby employed as special
counsel and are authorized and directed to prepare, institute,
and prosecute in the name of the City of West Covina such pro-
ceedings in the proper court having jurisdiction thereof as may
be necessary for the acquisition of said real property described
in Section 3 hereof.
SECTION 6. That the City Clerk shall certify to the
passage and adoption of this resolution, shall enter the same
in the book of original resolutions of said City, shall make a
minute of the passage and adoption thereof in the records of
the proceedings of the City Council of said City in the minutes
of the meetings at which the same is passed and adopted.
ATTEST:
SECTION 7. This resolution shall be effective immediately.
APPROVED AND ADOPTED this 28th day of April 1986.
City Clerk
/... i 0o;
W
I HEREBY CERTIFY that the foregoing Resolution No. 7172
was duly adopted by the City Council of the City of West Covina,
California, at a regular meeting thereof held on the 28th day
of April , 1986, by the following vote of the Council:
AYES: Councilmembers:
Bacon, Planners, Chappell, Shearer
• NOES: Councilmembers: None
ABSENT: Councilmembers:
APPROVED AS TO FORM:
City Attorney
Tennant
City Cle k
RECORDING REQUESTED BY
Engineering Department
AND WNILN MCORDILD MAIL TO
F—City
N.N
of West Covina
Strew*
West Garvey Avenue
"*a" West
Covina, CA 91790
City a
sly. LAttn:
City Clerk
"I TAX STATL11611! TO
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EXHIBIT A
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Individual Grant Deed
TO 1923 CA (12-74) THIS FORM FURNISHED BY TICOR TITLE INSURERS
A. P.
The undersigned grantor (a) declare (a)
Documentary transfer tax is $ 0
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area: ( X) City of West rnui na , and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Lucienne T. Forbush, a widow
hereby GRANT(S) to City of West Covin4 a Municipal Corporation
the following described real property in the City of West Covina
County of Los Angeles r State of California:
The Southwesterly 10.00 feet of Lot 2 of Tract No. 11231, as per map
recorded in Book 198, Page 50 of maps on file in the Office of the
County Recorder of said County.
1.
Dated
Lucienne T. Forbush
STATE OF CALIFORNIA
SS.
COUNTY OF
Exhibit "A"
0
The Southwesterly 10.00 feet of Lots 9, 10 and 11 of
Tract No. 11231, per Map recorded in Book 198 Page 50
of Maps on file in the Office of the County Recorder
of said County.
0
AND WHEN RECOROEO MAIL TO
City of West Covina
1444 West Garvey Avenue
Test Covina, Ca 91790
.ss
6 L Attn: City Clerk J
MAIL TAX STATEMENTS TO
&L J
l.11r. NO NN00bU2
I IU23 CA 12-031
EXHIBIT A
I SPACE ABOVE THIS LINE FOR RECORDER'S USE
Individual Grant Deed
THIS FORM FURNISHED SV TICOR TITLE INSURERS
The undersigned grantor(s) declare(s):
Documentary transfer tax is $ None
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area: (X ) City of West Covina na , and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Alice G. Elko, as Trustee for the Edwin Elko and Alice G. lilko 1974
Trust under the Declaration of Trust dated June 8, 1974.
hereby GRANT(S) to a Municipal Corporation
City of West Covina. P P
the following described real property in the City of West Covina
Cuunty of Los Angeles , State of California:
The Southwesterly 10.00 feet of those portions of Lot 56, E1 Monte
Walnut Place, as per map recorded in Book 6, Page 104, of Maps on file
in the Office of the County Recorder of said County and Lot 11, Tract
No. 11231, as per map recorded in Book 198, Page 50 of maps on file.in
the Office of the County Recorder of said County, described.as a whole
as follows: .
Beginning at the most Southerly corner of said Lot 56: thence N. 48 degree
44 minutes 25 seconds West 25.00 feet, along the Southwesterly line of
said Lot 56; thence N. 3 degrees 45 minutes 40 seconds West 26.97 feet
to a line parallel with and 146.00 feet Southerly, measured at right
angles, from the Southerly line of the State Highway, 100 feet wide, as
shown on said map of Tract No. 11231; thence Easterly along said parallel
line to the Southeasterly line of said Lot 11; thence Southwesterly,
along said Southeasterly line, to the Southwesterly line of said Lot 11;
thence Northwesterly, along said Southwesterly line, to the point of
beginning.
Dated:
9 1 ATIi OF CALIFORNIA
OUNTY OF SS.
On before
me, the undersigned, a Notary Public in and for said State,
persunally appeared
Llice G. Elko
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