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SR-414-001 (10) . 1// L/rOO/ . Santa Monica, California, November 8, 1977 TO: Mayor and City Council ~E FROM: City Staff NOV 22 \971: SUBJECT: Resolution of Necessity Downtown ProJect Property Acquisition ( II t/ ~. /, I ' c' ! Background As of November I, the City owns or has reached a final agreement with five (5) owners representing approximately 65% of the block to be acquired. Three (3) owners have rejected the City's offer, and the Council has previously authorized the commencement of court action. Negotiations continue with the owners of the parcels listed below. However, in an effort to maintain our acquisition schedule, it is recommended that the Council authorize court filings for the parcels in order to eliminate subsequent delays in the event that the negotiations cannot be satisfactorily completed. These owners have been notified that the City's offer is final and have been given the opportunity to address the Council regarding the acquisition of their respective properties. In order to proceed with the acquisition of Parcels 197-6, 197-7, 197-11, 197-21 and 197-27, the Council must first adopt a Resolution of Necessity which affirms the public purpose nature of the purchases and authorizes the condemnation counsel to proceed with the eminent domain filings. Recommendation It IS recommended that the Council adopt the attached Resolution of Necessity concerning the acquisition of Parcels 197-6, 197-7, 197-11, 197-21 and 197-27 in the Downtown Redevelopment Project. Prepared by: John Hemer 'E JH:mh Attachmen t HOV 2 2 \971 . . RESOLUTI ON NO. 4948 (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 WITHIN THE CITY OF SANTA MONICA. THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AND DETERMINE, BY A VOTE OF NOT LESS THAN TWO-THIRDS OF ITS MEMBERS, AS FOLLOWS: SECTION 1. That the public interest and necessity require the acquisition of the hereinafter described real property, or interest in real property, for a public use and improvement, to wit: The elimination of blight and redevelopment purposes. SECTION 2. The City Council of the City of Santa Monica finds and determines that: (a) The public irlterest and necessity require the proposed proj eel. (b) The proposed project is planned and located in the manner that will be most compatible with the greatest public good and the least pdvate injury. (c) The hereinafter described real property, or interest in real property, is necessary for the proposed project. SECTION 3. That the City of Santa Monica is hereby authorized and empowered to acquire by condemnation in the name of said City to be used for the public purposes stated herein the fee title or lesser estate as expressly described in and to the real property which is generally located and described on Exhibit "A" which is attached hereto and incorporated herein by reference. . . SECTION 4. In the event that any real property, or interest in real property, as described in Exhibit "A" constitutes a part only of a larger parcel of property, the City is hereby authorized to acquire by eminent domain pursuant to Code of Civil Procedure Section 1240.4]0 any "remnant{s)" as defined in said section. SECTION 5. The law firR of OLIVER, STOEVER & LASKIN as special attorneys for the City, and the CITY ATTORNEY as General Counsel, are hereby 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 such pleadings, documents, briefs and other instru~ents, and to make such arguwents and to take such actions as may be necessary in the opinion of said attorneys to acquire for said City the said real property. Said attorneys are sppclflcally authorized to take ~hatever steps and/or procedures are available to them under the Eminent Domain Law of the State of California 3 (Health and Safety Code, Title ], Chapters 1-12, 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. ADOPTED and APPROVED this 22nd day of Nov. , 1977. A~~L~ MAYOR - ATTEST: /"\ <:: ,/! ~- , .' /7. /7. '~(1-:~ :-- <--~ C) T'{& c;.tERK // -2- . . I hereby certify that the foregoing resolution was duly adopted by the City Council of the City of Santa Monica at a special meeting thereof, held on the ZZnd day of November 1977, by the follm.ling vote of the Counei 1: AYES: Councilmember: Bambrick, Cohen, Reed, Scott, Trives, van den Steenhoven, Mayor Swink NOES: Counei Imember: None ABSnlT : Coune i 1 member: None fl ~/ .-- !..d::r--0-X5-)..~~ / / f /ITY CLERK I / ,,/ APPROVED AS TO FORM:,;' 2 JJl/ /.... Vi f 11 ik,...,\ .fJv. - l)~'TTY ATmR~EY 7 l~ -3- PARCEL 197-6 . . EXHIBIT "A" OWNER OF RECORD: LOCATION: Rose G. Weiss 1491 South Rexford Drive Los Angeles, Ca1 ifornia 90035 (213) 879-5086 1522-1526 Third Street Santa Monica, Cal ifolnia 90401 The southwesterly side of Third Street, 200 ft. southeasterly of Broadway. LEGAL DESCRIPTION: Parcell. Lot liE" in Block 197 of Santa Monica, in the City of Santa Monica, County of Los Angeles, State of California, as per map recorded in Book 3 Page 80 et seq., and Book 39 Page 45 et seq., of Miscellaneous Records in the office of the County Recorder of said County. Parcel 2: That portion of the southwesterly half of Third Street 80 feet wide, in the City of Santa ManiLa, County of Los Angeles, State of California, lying between the northeasterly prolongation of the northwesterly 1 ine of Lot "E" and the northeasterly prolongation of the southeasterly line of Lot "E" in Block 197 of Town of Santa Monica, as shown on the map recorded in Book 3 Pages 80 and 81 and in Book 39 Page 45 et seq. both of Miscellaneous Records, in the office of the County Recorder of said County, together with that portion of the northeasterly half of that certain alley 20 feet wide lying bet\'Ieen the southwesterly prolongation of the northwesterly 1 ine of said Lot "E" and the southwesterly prolongation of the southeasterly line of said Lot "E." ~ PARCEL 197-7 . . EXHIBIT "A" (continued) OWNER OF RECORD LOCATION. Qual i-T.V. 1533 Third Street Santa Monica, California 90401 (213) 393-9211 Contact: Robert Neiman, partner (212) 785-6902 1528-1530 Third Street Santa Monica, California 90401 The southwesterly side of Third Street, 250 ft. southeasterly of Broadway. LEGAL DESCRIPTION: Parcell; Lot "F" in Block 197 of Santa Monica, in the City of Santa Monica, in the County of Los Angeles, State of California, as per map recorded in Book 3 Pages 80 and 81 of Miscellaneous Records, and in Book 39 Pages 45 et seq., of Miscellaneous Records, in the office of the County Recorder of said County. '- Parcel 2: That portion of the southwesterly half of Third Street 80 feet wide, in the City of Santa Monica, County of Los Angeles, State of Cal ifornia, lying between the northeasterly prolongation of the northwesterly line of Lot "F" and the northeasterly prolongation of the southeasterly 1 ine of Lot "F" in Block 197 of Town of Santa Monica, as shown on the map recorded in Book 3 Pages 80 and 81 and in Book 39 Page 45 et seq. both of Miscellaneous Records, in the office of the County Recorder of said County, together with that portion of the northeasterly half of that certain alley 20 feet wide lying between the southwesterly prolongation of the northwesterly line of said Lot "F" and the southwesterly prolongation of the southeasterly line of said Lot "F." -2- . . EXHIBIT "A" (continued) PARCEL 197-11 OWNER OF RECORD: Beulah P. (Morse) Nicholson 3198 Valencia Avenue San Bernardino, California 92404 (714) 882-5300 LOCATI ON: 229 Colorado Avenue Santa Monica, California 90401 The northwesterly corner of Third Street and Colorado Avenue. LEGAL DESCRIPTION: Parcell: Lots "K" and "L" in Block 197 of the Tm...n of Santa Monica, in the City of Santa Monica, in the County of Los Angeles, State of California, as per map recorded in Book 3 Pages 80 and 81 and in Book 39 Pages 45 to 51 inclusive of Miscellaneous Records, in the office of the County Recorder of said County, except the rear 50 ft. of said lots. Parcel 2: That portion of the southwesterly half of Third Street 80 feet "Iide, in the City of Santa Monica, County of Los Angeles, State of California, lying between the northeasterly prolongation of the northwesterly 1 ine of Lot "K" and the northeasterly prolongation of the southeasterly line of Lot "L" both in Block 197 of Town of Santa Monica, as shown on the map recorded in Book 3 Pages 80 and 81 and in Book 39 Page 45 et seq. both of Miscellaneous Records, in the office of the County Recorder of said County. -3- -" . . EXH I B IT "A" (continued) P~RCEL 197-21 OWNER OF RECORD: Raymond B. Pevler 1513 Second Street Santa Monica, California (213) 394-3338 90401 LOCATION: 1511-1513 Second Street Santa Monica, California 90401 The northwesterly side of Second Street, 100 ft. southeasterly of Broadway. LEGAL DESCRIPTION: Parcell: Lot "V" in Block 197 of the TO'.~n of Santa Honko, in the City of Santa Monica, County of Los Angeles, State of California, as per map recorded in Book 3 Pages 80 and 81 and in Book 39 Page 45 et seq. Both of Miscellaneous Records in the office of the County Recorder of said County. Parcel z: That portion of the southwesterly half of that certain alley 20 feet wide, in the City of Santa Monica, County of Los Angeles, State of California, lying between the northeasterly prolongation of the northwesterly 1 ine of Lot "V" and the northeasterly prolongation of the southeasterly line of Lot "V" in Block 197 of Town of Santa Monica, as shown on the map recorded in Book 3 Pages 80 and 81 and in Book 39 Page 45 et seq., both of Miscellaneous Records, in the office of the County Recorder of said County. -4- PARCEL 197-27 . . EXHIBIT "A" (continue{f) OWNER OF RECORD: LOCATI ON: Kay M. Sherman c/o Dr. T. Sher~an 313 Euclid Street Santa Monica, California (213) 393-8909 90402 1500-1512 Third Street ~nd 230 Broadway Santa Monica, Cal ifornia 90401 The southwesterly corner of Broadway and Third Street. LEGAL DESCRIPTION: Parcel I: The northeJsterly 52 feet of Lots "A" and "B" in Block 197 Tmvn of Santa Monica, in the City of Santa Monica, County of Los Angeles, State of California, as per map recorded in Book 3 Pages 80 and 81 and in Book 39 Page 45 et seq., both of tHscellaneous Re-cords, in the office of the County Recorder of said County. Parcel 2: That portion of the southwesterly half of Third Street, 80 feet wide, in the City of Santa Monica, County of Los Angeles, State of Cal ifornia, lying betl-leen the northeasterly prolongation of the northwesterly I ine of Lot "A" and the northeasterly prolongation of the southeasterly line of Lot "B" both in Block 197 Town of Santa Monica, as per map recorded in Book 3 Pages 80 and 81, and in Book 39 Page 45 et seq., both of the Miscellaneous Records, in the office of the County Recorder of said County. -5- ~ '" o .. .. o ...., I ~ ........ . - . 450 @ o ..... )l@($ 4fJO' THIRD 500' CITY O1'fNED~,{:-:-ER SIGNED ~ NEGOTIATIONS IN PROGRESS COURT ACTION FILED Page 26 THIRD '5:28 11532 l5Q('l !@ !@)o~l~ . g ~Ii J:1 '^ .r -, ~ - I~~"''':;;;'~ i/~~_ --'::50'~;:. /5/' -/-sTr-T5<:1 STREET 15...6 153C 15'8 15~2 -lS: 50 I:"'L 1. ~. 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