SR-414-001 (10)
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Santa Monica, California, November 8, 1977
TO:
Mayor and City Council
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FROM:
City Staff
NOV 22 \971:
SUBJECT:
Resolution of Necessity
Downtown ProJect Property Acquisition
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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
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Attachmen t
HOV 2 2 \971
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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.
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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
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(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:
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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
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/ / f /ITY CLERK
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APPROVED AS TO FORM:,;'
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PARCEL 197-6
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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."
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PARCEL 197-7
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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.
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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."
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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.
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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.
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PARCEL 197-27
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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.
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NEGOTIATIONS IN PROGRESS
COURT ACTION FILED
Page 26
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