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R-7953 ~ , . . CA:RMM:LAM:mox28/hpw City Council Meeting 12-12-89 Santa Monica, California RESOLUTION BO. 7953 (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 owns and operates a municipal improvement commonly known as the Santa Monica Public Library Main Branch, located at 1343 6th street in the City of Santa Monica (hereinafter nLibraryn); and WHEREAS, in order to provide for anticipated needs of the Library and the public it is desirable that the city acquire certain real property adj acent to the Library for parking and expansion requirements; and WHEREAS, proceedings by a city for condemnation action are initiated when the city legislative body adopts a resolution by a two-thirds vote of its members, determining that the public interest or necessity demands the acquisition, construction, or completion of any municipal improvement; and WHEREAS, the Library is a valuable city resource which serves the community and the general public at large; and - 1 - \ e e WHEREAS I in order to satisfy the growing needs of the community, it is necessary for the City to make plans and take action to accommodate future expansion of the Library, 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: public library and library parking purposes (liThe Project"). The acquisition is authorized by Section 37350.5 of the Government Code and Article I, Section 19 of the California Constitution. SECTION 2. On the basis of the information contained in that certain staff report to the City Council dated December 12, 1989, 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 public interest and necessity require the proposed project. (b) The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury. (c) The hereinafter described real property, or interest in real property, is necessary for the project. - 2 - ... e e (d) The offers Government record. required Code have by been section made to 7267.2 of the owners the of SECTION 3. The real property to be acquired, or interest in real property to be acquired, is generally located and described as 623 Santa Monica Boulevard (Assessor's Parcel No. 4291-9-9), 629-631 Santa Monica Boulevard (Assessor's Parcel No. 4291-9-8) and 1348 Seventh street (Assessor's Parcel No. 4291-9-7) . SECTION 4. The city of Santa Monica is hereby authorized and empowered to acquire by condemnation the fee ti tIe to the hereinabove described real property, or such lesser estate as described, excepting and reserving to the owner thereof all oil, gas and mineral substances, together with the right to face opening of any well, hole, shaft, or other means of exploring for, reaching or extracting such substances, provided that such means of exploration shall not be located within the aforementioned property and shall not penetrate any part of or portion of the property within 500 feet of the surface thereof. SECTION 5. The city Attorney is authorized to employ the law firm of Hill, Farrer & Burrill as Special Counsel to the City in this condemnation proceeding, and is 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 all pleadings, documents, briefs, and other instruments to make such arguments - 3 - .. e e and to take such action as may be necessary in their opinion to acquire the real property. The City Special Counsel is specifically authorized to take whatever steps and/or procedures are available to it under the Eminent Domain Law of the State of California (Code of civil Procedure, Title 7, Chapters 1-12, sections 1230.010-1273.050). SECTION 6. The City Clerk shall certify the adoption of this Resolution and, thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~w-.~ ROBERT M. MYERS City Attorney mox28/hpw - 4 - ~ e e Adopted and approved this 12th day of December, 1989. D~ )M~~ I hereby certify that the foregoing Resolution No. 7953 (CCS) was duly adopted by the City council of the City of Santa Monica at a meeting thereof held on December 12, 1989 by the fOllowing council vote: Ayes: Councilmembers: Abdo, Finkel, Genser, Jennings, Katz, Reed, Mayor Zane Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: &~j~ 'A~T fti ty Clerk ---