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CA RLK:SIS:dale14-78
Council Mtg: 4 .-78
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~O/-tl~/-P/santa Monlca, Callfornla
IDO
TO:
Mayor and Clty Counell
APR 2 5 1978
FROM: Clty Attorney
SUBJECT: Acqulsltlon of 1631 Ninth Street
Introductlon
ThlS report transmlts the at
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lntentlon to condemn the above refere
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Background
At ltS meetlng of September 13, 1977,
.y
Counell authorlzed thlS off lee to lnstltute proceedlngs
for the acguls1tlon of the above referenced property.
The attached reso1utlon lS the flrst legal step requlred
for the acqulsltlon of sald property through emlnent
domaln proceedlngs.
The necesslty for th15 action 15 dlscussed ln
the prevlous staff report. The adoptlon of the attached
resolutlon will enable the lnstltutlon of legal proceedlngs
lf such are necessary, although efforts wlll be made to
resolve the matter by negotlatlon. As dlscussed ln the
preVlous staff report, attached hereto, Mr. Holdberg and
Mr Pozen wlll pay the full costs of acquls1tlon.
Alternatlve Solutlons
The alternatlves are to adopt the attached
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resolutlon and thereby lnstltlte legal proceedlngs for
APR 2 5 1978
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the acqu1s1t1on of the subJect property or not to adopt the
same, or to d1rect such other proceed1ngs as the C1ty
Counc1l may deem appropr1ate.
Recommendat1on
It 18 respectfully recommended that the C1ty
Counc1l adopt the attached resolut1on.
Prepared by: R1chard L. Kn1ckerbocker, C1ty Attorney
Samuel I. Strelchman, Ass1stant Clty Attorney
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CA 77-94 RLK:j~
For Counell Mtg: 9-13-77
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CONFIDENTIAL
Santa Honlca, Callfornla
July 13, 1977
TO: Mayor and Clty Councll
FROM: Clty Attorney
SUBJECT: Acqu1sit1on of 1631 N1nth Street Through
Emlnent Domain
Introduct1on
ThlS report transmits a proposal by Peter Houlberg
and Sam Pozen to pay the costs of C1ty acqulsition of the
old animal shelter property through emlnent doma1n.
Background
As part of the transactlon for the development
of a new anlmal shelter, the City exchanged the property
comprlsing the former an1mal shelter, located at 1631 Ninth
Street for a property more adequately suited to the new
shelter. The current owner of the for.mer Clty property lS
Mr. Fred Nason.
For some tlme, while the for.mer animal shelter was
1n operatlon, the adJcining landowners (Peter Houlberg and
Sam Pozen) were given a license by the City to utlllze a
drlveway on the east slde of the property.
Prlor to the time of arranglng for a new slte
for the animal shelter, th1S license was revoked. However,
1t 15 apparently 1n the interests of the bus1nesses being
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conducted (In the case of Mr. Houlberg, a warehouse operation,
and in the case of Mr. Pozen, Otto Zlpper Alfa Romeo Agency)
to use thls drlve for access to the respective propertles.
Because of this, Mr. Houlberg and Mr. Pozen have
made an offer, essentlally as follows: The Clty would condemn
the old an1mal shelter slte on N1nth Street and reacqulre, by
this means, sald property. r1r. Houlberg and Mr. Pozen would
pay the Clty the costs of publlcation and Lncldental expenses
of the condemnatlon proceedlngs and the costs of acqulsltlon
of the former anlmal shelter site itself. The Clty would
retain tltle to the property after 1t was acquired, but enter
lnto an agreement with Mr. Houlberg and Mr. Pozen WhlCh would
allow them to use the drlveway portlon of the property for
gainlng access to thelr respectlve propertles through Nlnth
Street. The publlC purposes lnvolved would be acqulsltlon of
the property for street purposes. 11r. Jason's attorney has
been contacted, but to date nelther he nor Mr. Jason has
expressed hlS views on the matter.
Alternatlve Solutions
The alternatives are to accept and act upon the
proposal made by Mr. Po zen and Mr. Houlberg, authorlze the
City Attorney to lnstltute an actlon 1n emlnent domain to
acqUlre the former anlmal shelter property and to draft an
agreement for executlon by Mr. Pozen, Mr. Houlberg and the
City relatlve to the payment of the costs thereof, or not
accept the proposal as made and allow the respectlve
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propertles to remaln as they are, or negotiate further on
an alternate proposal.
Recommendatlons
It 1S respectfully recommended that the Clty
Councll author1ze the Clty Attorney to draft an agreement
wlth Mr. Pozen and Mr. Houlberg for the payment of costs
of acqulsltlon by emlnent domaln of the former an1mal
shelter of the C1ty, and lnstitute eminent domaln proceedlngs
to do the same.
Prepared by:
Richard L. Knlckerbocker, Clty Attorney
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RESOLUTION no. 5008 (CCS)
(Clty Council Serles)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA rIDNICA FINDING
AND DETE~IINING THE PUBLIC INTEREST,
CONVENIENCE AND HECESSITY FOR
ACQUIRIlJG, AND AUTHORIZING THE
CONDEH0JA'IIOn OF THr.: FEE TITLE TO
CERTAIN REAL PROPBRTY FOR A PUBLIC
USE, TO WIT: A PUBLIC WAY.
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
RESOLVE AS FOLLOWS:
SECTION 1. That the Clty COUDCll of the Clty of
Santa MODlca f1Dds and determ1nes that the publlC lnterest,
conven1ence and necess1ty requlre the developwent of a
publlC ~ay, to Wlt: an alley or street between Colorado
Avenue and Nlnth Street III the C1t.y of Santa I1.on1ca.
SECTION 2. That the Clty Counci1 of the C1ty of
Santa MOD1ca flDds and determlDes that 1D order to construct
sald publ1C way, the publlC lnterest, conven1ence and
aecess1ty requ1re the acqu1s1tion by the Clty of Santa
Monlca of the fee t1tle lD and to the real property 1n
th1S sectlon hereinafter descr1bed. That sald real property
lS sltuated lD the Clty of Santa MOD1ca, Co~nty of Los
Angeles, State of Ca11fornia and lS more part1cular1y
descr1bed as follows:
"Towner Terrace Tract Lots 107,
lOB and 109.
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The above descrlbed parcel
contaln5 23,590 square feet, more
or less."
The Clty Councll of the Clty of Santa Monlca further
flnds and determ1ne5 that the acqulsit10n of all of the
above descrlbed real property 15 necessary for the developwent
and constructlon of sald publlC way.
SECTION 3. That the City Counc1l of the Clty of
Santa Monlca flnds and determ1nes:
A. That a publlC way, street or alley lS
a use author1zed by law.
B. That the publLc interest, convenlence and
Decesslty requlre the acqulsitlon of sald real property for
a publlC way, street or alley.
C. That the acqu1sltlon of the fee Lltle to
sald real property lS ~ecessary for the constructlon and
development of publlc way, street or alley.
D. That sald real property to be used for
sald publlC way, street or alley 1S located 1n a manner
\,lhlCh wlll be most cornpatlble for the greatest publ1C good
and the least prlvate lnJury.
SECTION 4.
That the C1ty Attorney of the C1ty of
Santa Mon1ca lS hereby authorlzed, empowered and d1~ected
to brlng an actlon or actlons 1n the name of the Clty of
Santa MODlca lD the Superlor Court of the State of Callfornla,
for the County of Los Angeles, for the conde~nation of the
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fee tltle 1n and to the real property descrlbed In Sectlon
2 of thlS resolutlo~, and to take all steps necessary for
the conde~natlon of the fee tltle to sald real property lD
the name of the Cl ty of Santa t1oDlca, and to acqulre
lwmediate possesslon of all of sald property.
SECTION 5.
The Clty Clerk shall certlfy to the
adoption of thlS resolut1on, and thenceforth and thereafter
the same shall be 1n full force and effect.
ADOPTBD and APPROVED thlS
25th
day of Apri 1
1978.
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NfTEST:
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CIT::' CLERK
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I hereby cert1fy that the foregolng resolutlon
was duly adopted by the Clty CounCll of the Clty of Santa
MODlea at a regular meetJng thereof, he]d on the 25th
day of
Apr i 1
, 1978, by the fallowlng vote of
the Council:
AYES:
CouncllmeITlber: Bambt ick. Scott. Tri\'cs.
van den Stccnho\'cn.
Mayor S\\'lnk
NOES:
Counc1.1merober: Cohen. Reed
ABSENT:
Councl1ne~ber: None
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l~S TO FORN:
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CITY CLERK