Loading...
R-8852 e e CA:MJM:f:\atty\muni\laws\mox\clover.2 city Council Meeting 1-10-95 Santa Monica, California RESOLUTION NO. 8852 (CCS) (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY WHEREAS, the city of Santa Monica exercises control over the use and development of streets and public transportation routes within its boundaries; and WHEREAS, in order to mitigate traffic impacts arising in connection with commercial development in the City, it is desirable that the City acquire certain real property adjacent to portions of Cloverfield Boulevard for street widening purposes; and WHEREAS, proceedings by a City for condemnation action are inltiated when the city legislative body adopts a resolution by a two-thirds vote of its members, determining that the public interest or necessity demands the acquisition, construction, or completion of any municipal improvement; and WHEREAS, in order to satisfy the growing needs of the community, it is necessary for the City to take action to accommodate increased traffic ln the Cloverfield Boulevard corridor; 1 e e NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA HEREBY FINDS, RESOLVES AND DETERMINES BY A VOTE OF NOT LESS THAN TWO-THIRDS OF ITS MEMBERS AS FOLLOWS: SECTION 1. The acquisition of the property is for the following public use: street widening to accommodate increased traffic flow (liThe projectll). The acquisition is authorized by section 37350.5 of the Government Code and Article I, Section 19 of the California Constitution. SECTION 2. On the basis of the information contained in that certain staff report to the City Council dated January 10, 1995, which is incorporated herein by this reference, and all other evidence and testimony presented to the Council, the council declares, finds, and determines that: (a) The public interest and necessity require the proposed Project. (b) The Project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury. ( c) The hereinafter described real property, or interest in real property, is necessary for the Project. 2 e e (d) The offers required by section 7267.2 of the Government Code have been made to the owners of record. SECTION 3. The real property to be acquired is generally located and described as portions of 1802, 1818, and 1819 Cloverfield Boulevard, and 2329 Delaware Avenue, and is depicted on the map attached as Exhibit "An and more particularly described in Exhlbit "B" hereto. SECTION 4. The city of Santa Monica is hereby authorized and empowered to acquire by condemnation the fee title to the hereinabove described real property, or such lesser estate as descrJ..bed. SECTION 5. The City Attorney is authorized to employ the law firm of Hill, Farrer & Burrill as Special Counsel to the city in this condemnation proceeding, and is authorized to prepare and prosecute in the name of the city, such proceeding or proceedings in the proper court having jurisdiction thereof, as are necessary for such acquisition; and to prepare and file all pleadings, documents, briefs, and other instruments and to make such arguments and to take such action as may be necessary in their opinion to acquire the real property. The city Special Counsel is specifically authorized to take whatever steps and/or procedures are available to it under the Eminent Domain Law of the state of California (Code of Civil Procedure, Title 7, Chapters 1-12, 3 ~ e e Sections 1230.010-1273.050). SECTION 6. The city Clerk shall certify to the adoption of this Resolution and, thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: 4 e e PROPERTY UNE- \. ."PARKING -....... ~ AAEA. , ;t t:l lS1!!l 24th STREET 1 ~ \ i :::>z ~ "\ IRON FENCE ',- PARKING -....... 1 ~'::l A.REA., . ~ I~ P ,-, 1 CH~N UNK FENCE~ \ -- ) INTERsTAT1E '~~ING~ / 10 z - < / Sl I I ~ g / / u '" ~ / I ~ CLOVERFIELD BOULEVARD / I - ~ / I , I I lao~/CANOPY FlJEl. ~~~R 0FF1CE ~U~O~OT1YE \. ~CE INTERST A TE \ \ 10 PARKING -....... n SHEU. II I I <4 SERIolCE I .,-- PORTA.IILE AREA ,smIJ1CE BAYS ~~LfR STA.TlON "" J ~ I STORA.CE V / CONT~NERS '- N. T. S. LEG END: "~ ~ PARCEL AREAS TO BE ACQUIRED E h-b-t "A" LOCATION OWNER X I I 1802 CLOVERFlELO BOULEVARD SHElL OIL COMPANY SANTA MONICA, CA CITY OF SANTA MONICA ASSESSOR PARSEL NO 4275-33-31 EN\i1RONUENTAL USE SERVICE STATION VI M AND PUBLIC WORKS MANAGEMENT DEPARTMENT 1816 CLOVERF1ELD BOULEVARD ROSEMARY KESSLER ENGINEERING DIVISION SANTA MONICA, CA ASSESSOR PARSEL NOS 4275-33-29 &I 30 USE AUTO REPAIR" STORAGE CLOVERF1ELD WIDENING ~ 1619 CLOVERFlElD BOULEVARD A lLANlIC RICHFlELD PRO J E C T - PH AS E I ~ SANTA 1.40NICA. CA - ~ C~E~V1~~R;i~ll: 4268-15-17 PAR eEL A CQU I S I TI ON ~ 9 2329 DELAWARE AVENUE SAMUEL KARDASHIAN DRA.....\:; t-iO ~ SANTA MONICA. CA DBA SOUTH CA.. 4560A ;. ASSESSOR PARSEL NO. 4268-15-14 DISPOSAL CO ORA..... 81 S'iEE-1 OF ~ USE SOlID WASTE TRANSFER G t.lERt.lAN 8 STA liON 1 5- Sl-'EE-S " e e EXHIBIT liB" PROPERTY LOCATIONS AND OWNERS Square Location Owner Footage 1- 1802 Cloverfield Boulevard Shell O~l Company 316 Santa Monica, CA Assessor Parcel No. 4275-33-31 Use: Service station 2. 1818 Cloverfield Boulevard Rosemary Kessler 200.5 Santa Monica, CA Assessor Parcel Nos. 4275-33-29 and 30 Use: Auto Repair & Storage 3. 18~9 Cloverfield Boulevard Atlantic Richfield 2,226 Santa Monica, CA Company Assessor Parcel No. 4268-15-17 Use: Service station 4. 2329 Delaware Avenue Samuel Kardashian 157 Santa Monica, CA dba Southern Assessor Parcel No. 4268-15-14 California Disposal Use: Solid Waste Transfer company Station e e Adopted and approved tIns 24th of January, 1995 fJ~ Mayor I hereby certIfy that the foregomg ResolutIOn 8852 (CCS) was duly adopted at a meetmg of the City CouncIl held on the 24th of January, 1995 by the followmg vote Ayes Councllmembers Abdo, Genser. O'Connor, Ebner, Greenberg, Holbrook Noes CouncIlmembers Rosenstem Abstam CouncIlmembers None Absent. Councilmembers None ATTEST x5tu~k/ .7' {) CIty Clerk