R-7953
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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
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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.
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(d)
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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
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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:
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ROBERT M. MYERS
City Attorney
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Adopted and approved this 12th day of December, 1989.
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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:
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'A~T fti ty Clerk
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