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Resolution - 5054RESOLUTION NO..505.4 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 PROPERTY OR INTEREST IN PROPERTY FOR PUBLIC STREET AND HIGHWAY PURPOSES (VINCENT AVENUE WIDENING AND IMPROVEMENT PROJECT) RESOLVED by the City Council of the City of West Covina as follows: SECTION 1. The City Council hereby finds, determines and declares that the public interest and necessity require the acquisition of the fee title interest in and to the property hereinafter described for public use, namely, for public street and highway purposes, and for such other public uses as may be authorized by law. SECTION 2. The property hereinafter described is necessary for such public use and purpose and is a use authorized by law, and such proposed public improvement and use are located in a manner which will be most compatible with the greatest public good and the least private injury. SECTION 3. The City Council hereby declares it is the intention of the City of West Covina to acquire full title to said roperty," free and clear of all liens and encumbrances by condemnation in accordance with the provisions of the Code of Civil Procedure, the Government Code, and the Constitution of the State of California authorizing the exercise of the right of eminent domain. SECTION 4. The real property proposed to be acquired is described as follows: -1- • • Parcel 1 All that real property situated in the City of West Covina, County of Los Angeles, State of California, and more particularly described as follows: The easterly 5 feet (measured at right angles) of those portions of Lot's 168 and 169 of E.J. Baldwin's 4th Subdivision of part of the Rancho -La Puente, in the City of West Covina, County of Los Angeles, State of California, as per map recorded in Book 8 Page 186 of Maps, in the office of the County Recorder of said County, described as a whole as follows: Beginning at the intersection of the westerly side line (or its prolongation) of Vincent Avenue, 100.00 feet wide, as conveyed to the City of West Covina, per deed recorded in Book D-666 page 261 Official Records of said county, with the southerly line of the land described in Deed to the State of California, recorded on October 20, 1954 as Instrument No. 3475 in Book 45888 page 294, of said Official Records; thence along said westerly side line south 4 degrees 09 minutes 48 seconds west,170.00 feet; thence leaving said westerly side line at right angles north 85 degrees 50 minutes 12 seconds west 150.00 feet; thence parallel with said westerly' side line, north 4 degrees 09 minutes 48 seconds east 42.80 feet; thence north 48 degrees 46 minutes 16 seconds west 103.95 feet to a point in the southeasterly side line of California Avenue, said point also being in the southeasterly side line of that certain strip of land 7.00 feet wide, as conveyed to the State of California for road purposes; thence along said southeasterly side line north 41 degrees 13 minutes 44 seconds east 84.33 feet to the beginning of a tangent curve concave southerly and having a radius of 40.00 feet; thence easterly along said curve, through a central angle of 86 degrees 34 minutes 05 seconds, an.arc length of 60.44 feet to the beginning of a tangent curve concave northerly and having a -2- • • r� U Parcel l (continued from previous page) , radius of 92.00 feet; thence along said curve, through a central ,angle of 49 degrees 24 minutes 08 seconds, an arc length of 79.33 feet to a point in the.aforementioned southerly line of the land conveyed to the State of California, recorded in Book 45888 Page 294 of said official.records; thence along said line south 85 degrees 150 minutes 12 seconds east 52.09 feet to the point of beginning. -3- 11 • Parcel 2 All that real property situated in the City of West Covina, County of Los Angeles, State of California, and more particularly described'as follows: That portion of Lot 168 of E.J. Baldwin's Fourth Subdivision of part'of the Rancho La Puente, in the City of West Covina, County of Los Angeles, State of California, as per map recorded in Book 8 page 186 of Maps, in the office of the County Recorder of said County, described as follows: Beginning at a point in the westerly line of Vincent Avenue (100 fee wide) distant thereon south 4 degrees 09 minutes 48 seconds west 170.00 feet from the intersection thereof with the southerly line of the land described in the deed to the State of California, recorded October 20, 1954 as Instrument No. 3475 in Book 45888 page 294 of Official Records, in said Recorder's office; thence along said Vincent Avenue, south 4 degrees 09 minutes 48 seconds west 125.00 feet to the northeast corner of the land described as Parcel 2 in the deed to the City of West Covina, recorded January 30 1961 as Instrument No. 2848 in Book D 1107 page 636 of said Official Records, said corner being the beginning of a tangent curve concave northwesterly having a radius of 25 feet; thence along the boundary lines of said Parcel 2, as follows: southwesterly along said curve, through a central angle of 90 degrees 00 minutes 00 seconds, an arc distance of 34.27 feet and north 85 degrees 50 minutes 12 seconds west to the beginning of a tangent curve concave northwesterly having a radius of 25 feet, said last mentioned curve also being tangent at its northerly terminus of a line that is parallel with'and distant westerly 5 feet (measured at right angles) from the westerly line of said Vincent Avenue; thence northeasterly along said last-mentioned curve to said point of tangency in said parallelline; thence northerly along said parallel line to a -4- Parcel 2 (continued from previous page) line that bears south 85 degrees.50 minutes 12 seconds east and • which passes through the.point of beginning; thence along said line, so described, south 85 degrees.50 minutes 12 seconds east to the point of beginning. Except therefrom an undivided one-half interest in and to all oil, gas and minerals, and all oil, gas and mineral rights, upon and under said land, as reserved by C. E. Lucas, in deed recorded on January 5, 1943 in Book 19781 page 117, Official Records of said County. -5- i Parcel 3 All that real property situated in the City of West Covina, County . ,of Los Angeles, State of California, and more particularly described as follows: Those portions of Lots 168 and 169 of E.J. Baldwin's Fourth Subdivision of a portion of the Rancho La Puente, in the City of ,West Covina, in the County of Los Angeles, State of California, as per map recorded in Book 8 page 186 of Maps, in the office of the County Recorder of said County, described as follows: Beginning at the intersection of the southerly line of the land described in the deed to .the State of California, recorded October 20, 1954, as instrument No. 3475,•in Book 45888 page 294 of Official Records, in said Recorder.'s office,. with the easterly line of Vincent Avenue (102 feet wide) as established by Parcel 1 in deed to the City of -West Covina, recorded December 13, 1968, • as Instrument No. 3152, in Book D-4224 page 285 of said Official .Records; thence south 85 degrees 14 minutes 26 seconds east along said southerly line to a line that is parallel with and distant easterly 3 feet (measured at right angles) from said easterly line; thence south 4 degrees 45 minutes 34 seconds west along said parallel line to the beginning of a tangent curve concave north- easterly having a radius of 25 feet, said curve also being tangent at its easterly terminus to the northerly line of Center Street (82 feet wide) as established by deed to the City of West Covina, recorded July 27, 1967, as Instrument No. 2231, in Book 3716 page 20 of said official records; thence southeasterly along said curve to said point of tangency in said northerly line; thence north 85 . • degrees 14 minutes 26 seconds west along said Center Street to the Imost easterly corner of the land described in parcel 1 in said deed recorded'in Book D-4224 page 285.of Official Records; thence along the,boundary lines of said parcel 1, as.follows: northwesterly • • Parcel 3 (continued from previous page) along a tangent curve concave northeasterly having.a radius of 25.00 feet, through a central angle of 90 degrees 00 minutes 00 seconds, an arc distance of 39.27 feet and north 4 degrees ' 45 minutes 34 seconds. east 293.00 feet to the point of beginning. -7- • is rarcel 4 All that real property situated in the City of West Covina, County of Los Angeles, State of California, and more particularly described'.as follows: That portion of Lot 168 of E.J. Baldwin's Fourth Subdivision of part'of the Rancho La Puente, in the City of West Covina, in the County of Los Angeles, State of California, as per.map recorded in Book 8 page 186 of Maps, in the office of the County Recorder of said County, described as follows: Beginning at the intersection of the westerly line.of Vincent Avenue, as established by Deed to the City of West Covina, recorded - November 17, 1959, as Instrument No. 3404, in Book D-666 page 261 of Official Records, in.said Recorder's office, with the southeaster ly line of the land described in the deed to West Covina Investment Co., recorded February 8, 1954, as Instrument No. 386, in Book 43770 page 259 of said Official Records; thence south.41 degrees 13 minutes 44 seconds west along said :southeasterly line to a line that is parallel with and,distant westerly 5 feet (measured at right angles) from said westerly line of Vincent Avenue; thence north 4 degrees 09 minutes 48 seconds east along said parallel line to the beginning of a tangent curve concave southwesterly having a radius of 25 feet, said curve also being tangent at it northerly terminus to the southerly line of Center Street, as established by Parcel 2 of the Deed to the City of West Covina, recorded January 30, 1961, as Instrument No. 2848, in Book D-1107 page 636 of said official records;.thence northwesterly -along said curve to said point of tangency in said southerly line; thence south 85 degrees 50 minutes 12 seconds east along said Center Street to the beginning of a tangent curve therein concave south- westerly having a radius of 25 feet; thence continuing along said Center Street, southeasterly along said last-mentioned curve, w • Parcel 4 (continued from previous page) through a central angle of 90 degrees 00 minutes 00 seconds, an ,arc distance of 39.27 feet to said westerly line of Vincent Avenue; thence along said Vincent Avenue, south 4 degrees 09 minutes 48 seconds west 143.75 feet, more or less, to the point of beginning. a a 0 0 arce 5 . All that real property situated .in the City of West Covina, County of Los Angeles, State of California, and more particularly described'as follows: That portion of Lot 168 of E.J. Baldwin's Fourth Subdivision. of Rancho La Puente, in the City of West Covina, in the County of Los Angeles, State of California, as per map recorded'in Book 8 page 186 of Maps, in the office of the County Recorder of said County, described as follows: (Beginning at a point inthe southwesterly -line of the land described lin the Deed to Robert H. Rafael, by Deed recorded in Book 2637 page 73 of Deeds, distant southeasterly thereon 496.78 feet from the most westerly corner of said land of Rafael; thence south- westerly and parallel with the northwesterly line of said lot to the westerly -line of Vincent Avenue (100 feet wide) as established by Deed to the City of West Covina, recorded December 31, 1958 as Instrument No. 3974 in Book D-319 page 957 of Official Records, in said Recorder's office, saidpoint being the true point of beginning thence southerly along said Vincent Avenue to a point distant thereof north 4 degrees 09 minutes 15 seconds east 18.00 feet from the northeasterly line of.the land described in the Deed to Charles B. Anderson, recorded September 25, 1919 in Book 6953 page 265 of Deeds, in said Recorder's office; thence at right angles to said westerly line south 85 degrees 50 minutes 45 seconds west to a line that is parallel with and distant westerly 5 feet (measured at right angles) from said westerly line of Vincent Avenue; thence northerly along said parallel line to a line that is parallel with the northwesterly line of said lot and which passes through the true point of beginning; thence northeasterly along said.last- mentioned parallel line to the true point of beginning. / / I -10- 0 • 0 Parcel 6 All that real property. situated in the City of West Covina, County of Los Angeles, State of California, and more particularly described as follows: That portion of Lot 168 of E.J. Baldwin's Fourth Subdivision of Rancho La Puente, in the City of West Covina, County of Los Angeles, State of California, as per map recorded in Book 8 page 186 of Maps, in the office of the County Recorder of said County, described as follows: Beginning at the intersection of the southwesterly line of the land described in the Deed to.Robert H. Raphael, by Deed recorded .in Book 2637 page 73 of deeds, records of said County, with the easterly line of the 100 foot wide strip of land (known as Vincent Avenue) described in the deed to the City of West Covina, recorded December 31, 1958 as Document No. 3974 in Book D-319°page 957 Official Records of said County; thence southeasterly along said south- sterly line to a line that is parallel with and distant easterly 5.00 feet (measured at right angles) from said easterly line of incent Avenue; thence southerly along said parallel line to'the eginning of a tangent curve concave northeasterly having a radius f 25 feet, said.curve.also being tangent at its southerly terminus o the northerly line of Walnut Creek Parkway as established by ed to the City of West Covina, recorded December 12, 1961 as ocument No. 3003 in Book D-1440 page 162 of said Official Records; hence southeasterly along said curve to said point of tangency in aid northerly line; thence westerly.along.said Walnut Creek Parkway o the beginning of a tangent curve therein concave northeasterly aving a radius of 25 feet; thence northwesterly along said last- entioned curve an arc distance of 39.27 feet to said easterly line f Vincent Avenue; thence northerly along said Vincent Avenue to the oint of beginning. -11- i Parcel 7 IAll that real property situated in the City of. West Covina, County lof Los Angeles, State of California, and more particularly described • Ias follows: That portion of Lot 168.of E.J. Baldwin's Fourth Subdivision of Rancho La Puente, in the City of West Covina, County of Los Angeles, State of California, as per map recorded in Book 8 page 186 of Maps, in the office of the County Recorder of said County, described as follows: Beginning at a point in the easterly line of that certain strip of land, 100 feet wide, described in the deed to the City of West Covinz recorded December 31, 1958 as Instrument No., 3974 in Book D-319 page 957 Official Records (and known as Vincent Avenue) distant thereon south 4 degrees 09 minutes 15 seconds west 272.32.feet from the intersection of said easterly line with the southwesterly • line of the land described in the deed to Robert H. Raphael, record n Book 2637 page 73 of deeds, said point also being the beginning f a tangent curve concave southeasterly having a radius of 25 feet; hence northeasterly along said curve,through a central angle of 90 degrees 00 minutes 00 second-s,.an arc distance of 39.27 feet; thence south 85 degrees 50 minutes 45 seconds east tangent to said curve to the beginning of a tangent curve concave southeasterly having a radius of 25 feet, said last-mentioned curve being tangent at its southerly terminus to a line.that is parallel with and distant easterly 5.feet measured at right angles from said easterly line of Vincent Avenue; thence southwesterly along said last-mentioned curve an arc distance of 39.27 feet to said point of tangency in said parallel line; thence southerly along said parallel line to . the northeasterly, line of the land described in the deed to Charles . Anderson recorde d September 25, 1919 in Book 6953 page 26.5 of feeds;` Records of said County; thence northwesterly along said Y / -12- MI • 0 Parcel 7 (continued from previous page) northeasterly line to said easterly line of Vincent Avenue; thence northerly along said Vincent Avenue to the point of beginning. -13- 1i 9 • Parcel 8 All that real property situated in the City of West Covina, County of Los Angeles, State of California, and more particularly described as follows: That portion of Lot 168 of E.J. Baldwin's Fourth Subdivision of part of Rancho La Puente, in the City of West Covina, in the County of Los Angeles, State of California, as per map recorded in Book 8 page 186 of Maps, in the office of the County Recorder of said County, described as follows: Beginning at the intersection of a straight line extending north- westerly from a point in the southeasterly line of said lot distant thereon northeasterly 106.45 feet from the angle point in said southeasterly line to a point in the northwesterly line .of said lot distant thereon northeasterly 300 feet from the most westerly corner of said lot, with the easterly line of Vincent Avenue, as established by the Deed to the City of West Covina, recorded August 21, 1958, as Instrument No. 3992, in Book D-193 page 810 of Official Records, in said Recorder's office; thence southeasterly along said straight line to a line that is parallel with and distant easterly 5 feet (measured at right angles) from said easterly line of Vincent Avenue; thence southerly along said parallel line to the beginning'of a tangent curve concave northeasterly having a radius of 25 feet, said curve also being tangent at its southerly erminus to the northerly.line of West Covina Parkway, as establishe )y deed to the City of West Covina, recorded October 11, 1963, as Instrument No. 888, in Book D-2215 page 231 of said Official tecords; thence southeasterly along said curve to said point of tangency in said northerly line; thence north 68,degrees 54 minutes .1 seconds west along said West Covina Parkway to the beginning of t tangent curve concave northeasterly having a radius of 25 feet end being tangent to said easterly line of Vincent Avenue; thence -14- 0. • Parcel 8 (continued from previous page) northwesterly along said last mentioned curve, through a central angle of 73 degrees 03 minutes 26 seconds, an arc distance of 31.88 feet to said point of tangency; thence -along said Vincent Avenue, north 4 degrees 09 minutes 15 seconds east 115.80 feet to the point of beginning. -15- 0 • Parcel 9 All that real property situated in the City of West Covina, County of Los Angeles, State of California, and more particularly described las follows: I That portion of Lot 168 of E. J. Baldwin's Fourth Subdivision, in" the City of West Covina, in the County of Los Angeles, State of ,California, as per map recorded in Book 8 page 186 of maps, in the office of the County Recorder of said County, described as follows: Beginning at the intersection of the northerly line of that certain strip of land, 75.00 feet wide, described in the Deed to the Los Angeles County Flood Control District, recorded in Book 4752 page 80 of Official Records, in said Recorder's office, with the westerly line of the land described in the Deed to the City of West Covina, recorded in Book D-193 page 810'of said Official Records; thence northerly along said westerly line to the most southerly corner of the land described in Parcel 2 of the Deed to the City of West Covina, recorded September 5, 1958, as Instrument No. 3164,.in Book D-208 page 204 of said Official Records; thence northwesterly along the southwesterly line of said Parcel 2, being a curve concave southwesterly having a radius of 40.feet to the intersection thereof with a line that is parallel with and distant westerly 5 feet (measured at right angles) from the westerly line of the land described in said deed recorded in Book D-193 page 810 of Official Records; thence southerly along said parallel line to a point in the northerly line of the land described as Parcel 1 in the Deed to the City of West Covina, recorded in Book D-666 page 265 of said Official Records; thence southeasterly along said northerly Iline'to the point of beginning. 2W-M _i Parcel 11 All that real.property situated in the City of West Covina, County I,of Los Angeles, State of California, and more particularly described • I as follows: Those portions of Lots 167 and 168 of E.J. Baldwin's Fourth Subdivision, in the City of West:Covina, County of Los Angeles, ,State of California, as per.map recorded in Book 8 page 186 of Maps, in the office of the County Recorder of said County, described as follows: Beginning at the intersection of the southerly line of Parcel 361, in the Final Order of Condemnation entered in Superior Court, Los Angeles County, Case No. 759394, a certified copy of which was recorded in Book D-1715 page 500 Official Records of said County, with the easterly line of the land described in Resolution No. 2611, recorded on April 29, 1963 as Instrument No. 3804 in • Book D-2008 page 799 Official Records of said County; thence. south 4 degrees 09 minutes 15 seconds west 38.32 feet along said easterly line,to the .southwesterly line of said Lot 168, said point also being the northeast corner of the land described as Parcel l in the deed to the City of _West Covina, recorded. October 18, 1967 as Instrument No. 2531 in Book D-3802 page 316 Official Records of said County; thence along the easterly line of the land described in said last-mentioned deed, south 5 degrees 50 minutes 50 seconds west 67.61 feet to the beginning of a non -tangent curve, therein concave easterly and having a radius of 284.81 feet, a radial line through said curve at said point bears north 85 degrees 50 minutes 45 seconds west; thence southerly along said curve, through a central angle of 6.degrees 24 minutes • 46 seconds, an arc length of 31.88 to a non -tangent curve concave westerly and having a radius of 1055.00 feet, a radial line through last-mentioned curve at said point bears south 80 degrees 08 minutes -17- i Parcel 11 (continued from previous page) 51 seconds east; thence northerly along last-mentioned curve, through a.central angle of 1 degree 43 minutes 37 seconds; an • I arc length of 31.80 feet; thence north 5 degrees 24 minutes 52 (seconds east 106.15 feet to said southerly line of Parcel 361; thence westerly along aforementioned southerly line, 4.80 feet to the point of beginning. -18- SECTION 5. The City Attorney of the City of West Covina and Burke, Williams & Sorensen are hereby authorized, empowered, and directed to prepare, institute and prosecute in the name of the City of West Covina such proceedings in the proper court having jurisdiction • thereof as are necessary for the condemnation of said property. SECTION 6. The City Council further finds and determines that the public interest and necessity require the taking of immediate possession of the property proposed to be acquired as described herein, and the City Attorney and Burke, Williams & Sorensen are directed to institute proceedings for the taking of immediate possession and the use of the property herein upon complying with the requirements of the law applicable thereto, and the Director of Finance is directed to draw a City warrant payable.to the County Clerk and Ex-Officio Clerk of the Superior Court for use in the Order of said Court directing the deposit for said immediate possession. Signed and approved this/0( day of 1975 Mayor ATTEST: %r City C erk I HEREBY CERTIFY that the above and foregoing resolution was duly passed and adopted by the West Covina City Council at its regular meeting held on the 12th day of May, 1975, by the following vote, to wit: AYES: Councilmen: Shearer, Miller, Browne, Tice, Chappell. NOES: Councilmen: None ABSENT: Councilmen: None AE" OVSD AS TO FOf,111 City Clerk Cr (AlviRNLY -19-