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R-9225 . . RESOLUTION NO.9?? '} (ecs) (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUlRING 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 withm its boundanes; and WHEREAS, in order to mItIgate traffic Impacts arIsing in connection WIth commercial development m the City, it IS desIrable that the City acquire certain real property adjacent to portions of Cloverfie1d Boulevard for street widemng purposes; and WHEREAS, proceedmgs by a City for condemnatlOn action are imtiated when the CIty legIslative body adopts a resolutlOn by a two-tlnrds vote of its members, determining that the public interest or necessity demands the acqUlsItion, constructIon, or completion of any munIcIpal Improvement; and WHEREAS, m order to satisfy the growing needs of the community, It is necessary for the CIty to take action to accommodate increased traffic m the Cloverfield Boulevard corridor, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA HEREBY FINDS, RESOL YES AND DETERMINES BY A VOTE OF NOT LESS THAN TWO- THIRDS OF ITS MEMBERS AS FOLLOWS: SECTION 1 The acqwsItion of the property IS for the followmg publIc use: Street WIdemng to accommodate increased traffic flow ("The ProJect"). The acqwsItion 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 acqurred is generally located and described as portions of 1723-1725 Cloverfield Boulevard and lS deplcted on the map attached as ExhibIt "A" and more partIcularly descnbed in Exhibit ltB" hereto. SECTION 3. On the basiS of the mformatIon contained in that certain staff report to the City Council dated December 9, 1997, 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 pubhc mterest and neceSSIty requrre the proposed Project (b) The Project IS planned or located m a manner that will be most compatible with the greatest pubhc good and the least private injury. . . (c) The above-descnbed real property, or Interest In real property, is necessary for the Project. (d) The offer requrred by SectIon 7262 2 of the Government Code has been made to the owners of record SECTION 4. The CIty of Santa Moruca is hereby authonzed and empowered to acqwre by condemnatIon the fee tItle to the herein-above descnbed real property, or such lesser estate as descnbed. SECTION 5 The CIty Attorney IS authorized to employ the law fIrm of HIll, Farrer & Burrill as SpecIal Counsel to the CIty m tIns condemnatIon proceedmg The law firm of HIll, Farrer & Bumll is authorized to prepare and prosecute in the name of the CIty, such proceeding or proceedmgs in the proper court having JurisdIction thereof, as are necessary for such acquiSItIon; and to prepare and file all pleadmgs, documents, bnefs, 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'S Special Counsel is specIfically authonzed to take whatever steps and/or procedures are available to it under the Eminent Domain Law of the State ofCalifomia (Code of Civil Procedure, Title 7, Chapters 1-12, ~~ 1230.010-1273.050). SECTION 6. The Director of Finance is authorized and directed to draw such warrants as may be requIred by the Supenor Court for deposit of probable compensation III accordance with California Code of CIvIl Procedure ~1255.01O. SECTION 7. 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 ~ 111'-- . . Adopted and approved this 9th of December, 1997 4-r~ Robert Holbrook, Mayor I, Mana M Stewart, City Clerk of the City of Santa MOnica, do hereby certify that the foregomg Resolution 9225 (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