R-8852
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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;
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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.
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(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,
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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:
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PROPERTY UNE-
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PARKING -....... n SHEU. II I I <4 SERIolCE I .,-- PORTA.IILE
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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 ~
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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-
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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
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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