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R-9224 . . RESOLUTION NO. 9224 (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, m order to mItigate traffic Impacts arismg in connection WIth commercIal development in the City, It IS desirable that the CIty acquire certam real property adjacent to portions of Cloverfield Boulevard for street widerung purposes; and WHEREAS, proceedmgs by a City for condemnation action are rmtIated when the City legIslatIve body adopts a resolution by a two-tlnrds vote of Its members, detemuning that the publIc mterest or necessity demands the acquisiTIon, constructIOn, or completion of any muniCIpal Improvement; and WHEREAS, In order to satlsfy the grOWIng needs of the commuruty, It is necessary for the CIty to take action to accommodate increased traffic m the Cloverfield Boulevard comdor, 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 Project") The acqUISITIOn is authorized by SeCTIon 373505 of the Government Code and ArtIcle I, Section 19 of the California ConstItution SECTION 2 The real property to be acqUIred is generally located and described as pOrtIOns of 1751-1753 Cloverfield Boulevard and IS depIcted on the map attached as ExhibIt "A" and more partIcularly described m Exhibit "B" hereto SECTION 3. On the basIS of the mformation contained in that certaIn staff report to the CIty ConncIl dated December 9, 1997, whIch IS incorporated herem by tins reference, and all other eVIdence and testimony presented to the CounCIl, the CouncIl declares, fmds and determInes that. (a) The publIc mterest and neceSSIty require the proposed Project. (b) The Project IS planned or located III a manner that WIll be most compatible WIth the greatest publIc good and the least prIvate injury . . (c) The above-descnbed real property, or mterest m real property, IS necessary for the Project (d) The offer required by SectIon 7262 2 of the Government Code has been made to the owners of record. SECTION 4 The City of Santa Monica is hereby authorized and empowered to acqmre by condemnatIOn the fee title to the herem-above described real property, or such lesser estate as described SECTION 5 The City Attorney is authonzed to employ the law firm of HIll, Farrer & Burnll as SpecIal Counsel to the CIty m tIns condemnation proceedmg. The law firm of HIll, Farrer & BurrIll is authonzed to prepare and prosecute in the name of the City, such proceedmg or proceedings in the proper court havmg junsmctIOn thereof, as are necessary for such acquisition; and to prepare and file all pleadings, docwnents, briefs, and other instruments and to make such arguments and to take such aCl10n as may be necessary In their opinion to acquire the real property. The CIty'S SpecIal Counsel is specifically authorized to take whatever steps and/or procedures are available to it under the Emment Domain Law of the State of California (Code of CivIl Procedure, Title 7, Chapters 1-12, ~~ 1230.010-1273050). SECTION 6 The Director of FInance IS authonzed and directed to draw such warrants as may be reqUITed by the Supenor Court for deposIt of probable compensal1on ill accordance with Califorma Code of CIvIl Procedure ~1255.010. SECTION 7 The CIty Clerk shall certify to the adoption of tIns Resolution and, thenceforth and thereafter the same shall be 10 full force and effect APPROVED AS TO FORM- /H..;.ut MARSHA JONgB MOUTRIE City Attorney . . Adopted and approved this 9th of December, 1997 4-rF~ Robert Holbrook, Mayor ----- 1, Mana M Stewart, CIty Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution 9224 (CCS) was duly adopted at a meeting of the City Council held on the 9th of December, 1997 by the following vote Ayes Councllmembers Genser, Feinstein, Greenberg, Holbrook, O'Connor, Rosenstein Noes Councllmembers None Abstain Councllmembers None Absent Councllmembers Ebner ATTEST ~~.~~ Mana M Stewart, City Clerk