Resolution No. 5875
1
2
RESOLUTION NO. 5875
3
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON FINDING AND DETERMINING
THAT THE PUBLIC INTEREST AND NECESSITY
REQUIRE THE ACQUISITION OF CERTAIN REAL
PROPERTY FOR EXPANSION OF CITY HALL
PARKING AND OFFICE FACILITIES PURPOSES AND
ALL USES APPURTENANT THERETO
4
5
6
WHEREAS, the City has given wri tten notice at least
7 fifteen (15) days prior to the date of this resolution to those
8 persons whose property is to be acquired.by eminent domain: and
9
WHEREAS, the City's notice was sent to those persons
10 by first class mail: and
11 WHEREAS, the City's notice to those persons sets forth
12 the intent of the City Council to adopt the resolution, and
13 further provides that such persons shall have the right to
14 appear and be heard on the matters referred to in Code of Civil
15 Procedure section 1240.030, and further provides that failure of
16 such persons to file a written notice of intent to appear and be
17 heard within fifteen (15) days following the date of mailing of
18 the City's notice shall result in a waiver of such rights.
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
20 THE CITY OF VERNON AS FOLLOWS:
21
SECTION 1: The City Council of the City of Vernon
22 hereby finds and determines that the recitals contained
23 hereinabove are true and correct.
24
SECTION 2:
That the public interest and necessity
25 require the acquisition of the real property legally described
26 in Exhibit "A", and depicted in Exhibit "B", both exhibits being
27 attached hereto and incorporated herein by this reference, for a
28 public use and improvement, to wit: for the expansion of City
1 Hall parking and office facilities and all uses appurtenant
2 thereto.
3 SECTION 3: The City finds and determines that:
4 (a) The pUblic interest and necessity require the
5 project: and
6 (b) The proj ect is planned or located in the manner
7 that will be most compatible with the greatest public good and
8 the least private injury: and
9 (c) The property sought to be acquired is necessary
10 for the project: and
11 (d) The offer required by section 7267.2 of the
12 Government Code has been made to the owner or owners of record.
13 SECTION 4: The City is authorized and empowered to
14 acquire by condemnation in its name in accordance with section
15 19 of Article I of the California constitution, section 37350.5
16 of the California Government Code, and sections 1240.010 through
17 1240.050 and 1240.610 of the California Code of civil Procedure.
18 SECTION 5: wi th respect to any of the real property
19 described on Exhibit "A", or interest in real property, which is
20 or may be appropriated to a public use, the use for which the
21 ci ty seeks to acquire said property or interest therein is a
22 more necessary publ ic use than the use to which said property
23 interest is or may be appropriated. Reference is made to Code
24 of civil Procedure section 1240.610.
25 SECTION 6: That the City Attorney is hereby authorized
26 and directed to prepare, institute and prosecute in the name of
27 the City in such proceedings, in the proper court having
28
-2-
1 jurisdiction thereof, as may be necessary for the acquisition of
2 the interests to said property. Said attorney is specifically
3 authorized to take whatever steps and/or procedures are
4 available to him under the Eminent Domain Law of the State of
5 California (Code of civil Procedure, Title VII, Chapters 1-12,
6 Sections 1230.010-1273.050).
7
SECTION 7: The City Clerk of the city of Vernon shall
8 certify to the passage of this resolution and thereupon and
9 thereafter the same shall be in full force and effect.
10 APPROVED AND ADOPTED this 5th day of February, 1991.
11
12
Tem
13
ATTEST:
".4<,"~<"'~ . "/
i//?/~1;~-~
MALKENHORST, city Clerk
14
15
16
e-~;':;
4_,_---.
BRUCE V.
17
18
19
20
21
22
23
24
25
26
27
28
-3-
1 STATE OF CALIFORNIA )
)ss
2 COUNTY OF LOS ANGELES)
3 I, BRUCE V. MALKENHORST, City Clerk of the City of
4 Vernon, do hereby certify that the foregoing Resolution, being
5
Resolution No. 5875, was duly adopted by the City Council of the
ci ty of Vernon at a regular meeting of the City Council duly
held on Tuesday, February 5, 1991, and thereafter duly signed by
6
7
8
the Mayor Pro Tem of the city of Vernon. .
9
/'i~
BRUCE V. MALKENHORST, City Clerk
10
11
12
13
( SEAL)
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-4-
Leea1 Description
That portion of Lot -A- of Tract No. 2164, in the city of Vernon, county of Los Angeles, state
of California, as per map recorded in book 32 page 46 of maps, in. the office of the county
recorder of said county, described as follows:
Beginning at the southeast comer of said Lot A in the north line of Vernon Avenue; thence
along said Avenue, South 89027' West 150.00 feet; thence northerly parallel with the east line
of said lot, 208.00 feet to a line' paralld with the said north line of Vernon Avenue, which
~. througJ:ttl1e~Jiale of said lot, distant northerly along sai~~st'~ ~.OO feet from
said~~~,-lot;thence eastertyaloogsaid.paraIleIr__'filet..said east
. Jme:of. saic.1'"> ....... . '.,"^,,' ......... . ofSaataFcAveaue;itltencc.~.~.< .... '..Pe'AWlOue, South
~:::>"> -_'_.,,--[~~,';::;' '_ _ _ _ ''-' ,',,' - ",',- ---"'-:--'~"-6_;~",;;t:;~ - - --,'" - "
Q..S2~~ '~pttiat.of........~ .
EXHIBIT "A"
PLAT 'MAP
i______~ .
It/w t:: I'.' _ - Ir - - - - - - - -
J"1r --;.;;;;t, ~~/;:;6.L.Ilf.1I S.4'-;1".. ~1~,4'
....,~ J ~~
.....
~~ or y
:: @
~ Ii ,,' rAc.
li A
~ '#I'!
@
~.6"rAc.
..
....
. ~
~~
l
'of
-..
:t
'"
zSUBJee., .sl~
tIII).
..~
~;..
...~
""
W
lL.
r. ".r,.."
"" ~
Z
<
fI)
If
ao
AVE.>::
EXHIBIT "B"
'"
...
,
.
~o
.
w
~
( ,vERNON
AVE.
p-.czif"C
"'.0
~ClnC
i8LVD.
~.~.-,
~ 4* ?&1{
/
iI:I.ltll'ir:, --~~
OFFICERS
BRlCE y. \1ALKE'HORST.
ClI~. Admlnlstralor CIIY Clerl
CITY COl':\CIL
~I" c:- ~1.~LBCRG-\fowr:.,
THOMAS A. YBARRA. .HolO' Pro-Trm
Wrn, "BILL" DA VIS
H. "LARRY" GO'ZALES
W. MICHAEL McCORMICK
DA\'1D B. BREARLEY.
City Allorney
TELEPHONES
VICTOR H. V AITS.
Director of Community Services
CITY CLERK.. ... . . . ". .. . .. 583-8811
POLICE DEPT. ..............587-5171
FIRE DEPT. . . . . . . . . . . . . . . . . . 583-4821
BUILDING DEPT. . . . . .. . . . . ..583-8811
PUBLIC WORKS DEPT. . . . . . . . 58).8811
HEALTH DEPT. .............583-8811 CITY HALL APR 0 119~UIS~~~E~~~ANTZ
[MD. rn.@tw...," OW. .rn~ ~5 SANTA FE AVENUE, VERNON,CALlFORNIA 90058 In R:ply R<j" ,.,
LV . Mh lI1INi:l :ooefl~Cl.ted cancella.tJ.on
1993 . arc ~:- ~"JYL .
1 .' m .
"as: a:ppro:vea ana complete.' q"2..J
t:1TY AOMI~!~~Rt;~.:6~ OFFICE ,. I'4l~V- L _ _.~ ...il9.... ..~
Hand ~Tpi ver-eo: . = r
lY.r ~ut~zatibn NO........-2/i';,i!I1-::--:
KE1'\NETH J. DEDARIO
Director of Light & Power
LARRY SPADT,
Fire Chief
Richard L. Franck, Esquire
Parker, Milliken, Clark,
O'Hara & Samuelian
333 South Hope Street, 27th
Los Angeles, CA 90071-1488
Floor
f';.~-~c~..,~-;~,~~~. ,-~J
U,..:-y....".:..- ~...., ..=_~~:~.:."."...c..::>.l
Dear Mr. Franck:
I.
RE: Vernon v. Malburg; LASC BC 021 711
Pursuant to the Judgment and Fin'al Order of Condemriation filed I the
above-referenced matter on February 13, 1992, enclosed please find a
check in the sum of $696,591.00 made payable to Leonis C. Malburg
which represents the amount awarded pursuant to the Judgment ($696,775.00)
plus costs ($96.00) minus property tax owing ($280 = 70 days times $4.00).
If you have any questions respecting this matter, please contact David
B. Brearley, City Attorney, at 818-336-3408.
Very truly yours,
CI~OF VERNO~/, ~ ///
~ . f,/ /-</<4~
Bruce V. Malkenhorst
City Administrator/City Clerk
BVM/gjo
encs.
cc: David Brearley (w/o encs.)
,
'.
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
~A;)..
J-
DAVID B. BREARLEY, Bar No. 046563
city Attorney
2440 S. Hacienda Blvd., #223
Hacienda Heights, CA 91745
(818) 336-3408
ORIGINAL FILED
~t~llv
COUNTY CLERK
Attorney for Plaintiff
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
CITY OF VERNON, a Municipal
Corporation,
) CASE NO. BC021711
)
) JUDGMENT AND FINAL
) ORDER OF CONDEMNATION
)
)
)
)
)
)
)
)
)
)
)
)
)
Plaintiff,
v.
LEONIS CLOS MALBURG; STANDARD
OIL COMPANY OF CALIFORNIA, a
corporation; DOE ONE THROUGH
DOE ONE HUNDRED, Inclusive,
and ALL PERSONS UNKNOWN
CLAIMING ANY TITLE OR INTEREST
IN OR TO THE PROPERTY,
Defendants.
This cause came regularly on.for trial on October 11,
1991, in Department 41 of the above-entitled court before the
Honorable Raymond Cardenas, Judge, the right to a jury trial
having been waived by all parties. Plaintiff appeared by and
through its attorney of record, David B. Brearley, city Attorney
and Ronald J. Einboden, Assistant city Attorney; and Defendant
Leonis Clos Malburg appeared by and through his attorney of
record, Parker, Milliken, Clark, O'Hara & Samuelian by Richard
L. Franck.
"
, .
. .
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
It further appearing that Defendant CHEVRON U.S.A.
INC., a Pennsylvania corporation, successor in interest to named
Defendant STANDARD OIL COMPANY OF CALIFORNIA, has filed a
disclaimer herein and that said Defendant is entitled to no
compensation herein.
The parties stipulated that the Plaintiff had the
authority and jurisdiction to condemn the real property which is
the subject of this action, for the public use stated in the
Complaint.
It was further stipulated that if Plaintiff's
appraiser, David S. Mason, was called and sworn, he would
testify that his expert opinion of just compensation to be
awarded for the taking herein was the sum of six Hundred Forty-
one Thousand Dollars ($641,000.00). It was further stipulated
that if Defendant's appraiser, James Reid, was called and sworn,
his expert opinion of just compensation to be awarded for the
taking herein was the sum of Seven Hundred Twelve Thousand
Dollars and No Cents ($712,000.00). The court having accepted
all of the offered stipulations, and received Plaintiff's trial
brief and accepted into evidence copies of the appraisal reports
of Mr. Mason and Mr. Reid; and the court being fully advised,
and good cause appearing therefor:
IT IS ADJUDGED, ORDERED AND DECREED, as follows,:
The use for which the subject property is being
acquired is a use authorized by law and the acquisition of the
property is necessary for the use.
III
-2-
...
. .
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
There is no prohibited conflict of interest on behalf
of either the plaintiff or the defendant which would prohibit
this eminent domain action.
The fair market value of the subject property,
including all inter~sts in real property, fixtures and
equipment, if any, and pre-jUdgment interest and relocation
benefits, if any, and all other claims of damages of any kind,
if any, is the sum of six Hundred Ninety-Six Thousand Seven
Hundred Seventy-Five Dollars ($696,775.00). The total just
compensation, award and damages, to be paid as a result of the
condemnation is the sum of six Hundred Ninety-Six Thousand Seven
Hundred Seventy-Five Dollars ($696,775.00).
IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED
that, pursuant to Revenue and Taxation Code section 5086,
Plaintiff shall pay from the award herein, tha~ portion of
current real property taxes due on the property as of the date
of judgment herein, that sum being the calculated sum of $4.00
per day from and after January 1, 1992, to the date of judgment
herein. Said calculated sum shall be paid as follows:
DANIEL o. IKEMOTO,
Auditor-Controller
DisbursementslTax Division,
Tax Section
500 West Temple Street
Room 153
Los Angeles, California 90012
III
-3-
...
~ .
.'
VERIFICATION
STATE OF CALIFORNIA, COUNTY OF
I have read the foregoing
and know its contents.
D
D
00 CHECK APPLICABLE PARAGRAPH
I am a party to this action. The matters stated in the foregoing document are true of my own knowledge except as to
those matters which are stated on information and belief, and as to those matters I believe them to be true.
I am 0 an Officer 0 a partner 0 a of
D
a party to this action, and am authorized to make this verification for and on its behalf, and I make this verification for that
reason. 0 I am informed and believe and on that ground allege that the matters stated in the foregoing document are
true. 0 The matters stated in the foregoing document are true of my own knowledge except as to those matters which are
stated on information and belief, and as to those matters I believe them to be true.
I am one of the attorneys for
a party to this action. Such party is absent from the county of aforesaid where such attorneys have their offices, and I make
this verification for and on behalf of that party for that reason. I am informed and believe and on that ground allege that
the matters stated in the foregoing document are true.
Executed on , 19_, at ' California.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Type or Print Name
Signature
PROOF OF SERVICE
1013A (3) CCP Revised 5/11118
STATE OF CALIFORNIA, COUNTY OF
I am employed in the county of T.()~ AN~RT.R~ , State of California.
I am over the age of 18 and not a partyto the within action; my business address is: ?440 ~ H~('ipnnrl
B("HllE>'\7~rn. ~l1:itE> ??1, H~('jpnClrl Hpi<Jht<:::, C'A QJ74C\
OnFebrl1a ry 1,11992-, I served the foregoing document described as .TTTn~MRN'T' ANn FTNA T.
ORnRR OF CONnEMNA'T'ION
~
on TnterE"steCl P~rtj E"S in this action
by placing the true copies thereof enclosed in sealed envelopes addressed as stated on the attached mailing list:
by placing 0 the original IX a true copy thereof enclosed in sealed envelopes addressed as follows:
RICHARD L. FRANK, ESQ., Parker, Milliken, Clark, O'Hara &
Samuelian, 333 South Hope Street, 27th Floor, Los Angeles,
CA 90071-1488
Q BY MAIL
D *1 deposited such envelope in the mail at ' California.
The envelope was mailed with postage thereon fully prepaid.
IX] As follows: I am "readily familiar" with the finn's practice of collection and processing correspondence for mailing.
Under that practice it would be deposited with US. postal service on that same day with postage thereon fully prepaid at
H ~ r. i p n n ~ H p i <J hi- <::: California in the ordinary course of business. I am a ware that on motion of the
party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of
deposit for mailing in affidavit.
Executed onF'E"hrll~ry 1 1, , 19.92-, at H~r.ipnn~ HF'ighi-<::: , California.
D **(BY PERSONAL SERVICE) I delivered such envelope by hand to the offices of the addressee.
Executed on , 19_, at ' California.
E1 (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct.
(Federal) I declare that I am employed in the office of a member of the bar of this court at whose dire~tion the service was
made.
Nancy P. Clench
Type or Print Name
STUARrs EXBRQOK T1MESAVER (REVISED 5/1/86)
NEW DISCOVERY LAW 2030 AND 2031 C CP
(May be used to California Stale or Federal Cour1s)
I~~YP a~L~/
Signature
'"(BY MAtl SiGNATURE MUST BE Of PERSON OE~T1NG ENVELOPE IN
MAIl- SlOT. BOx, OR BAG)
<<(FOR PERSONAl SERVICE SIGNATUFlE MUST BE THAT OF MESSENGER)