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HomeMy WebLinkAboutR 8151 667 Monterey StO RESOLUTION NO. 8151 (1993 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING ACQUISITION OF PROPERTY, THE EXPENDING OF FUNDS THEREFOR, THE DESIGNATION OF PERSONNEL TO ACCEPT DEEDS AND GRANTS ON BEHALF OF THE CITY AND THE INSTITUTION OF EMINENT DOMAIN PROCEEDINGS 667 Monterey Street (Vargas) WHEREAS, California Code of Civil Procedure, title VII of Part 31 Sections 1230.020, 1240.010, 1240.020, and 1240.110, and Sections 37350.5, et sect., of the Government Code of the State of California authorizes the City of San Luis Obispo to exercise the power of eminent domain for the purposes of taking property or property interests necessary to carry out any of the City's powers or functions; and WHEREAS, the public interest and necessity require the acquisition of a portion of the real property hereinafter described as 667. Monterey Street, San Luis Obispo, California for a public use, namely for a public park, including pedestrian walkways and access purposes, as part of the City's park and recreation facilities; and WHEREAS, Ron and Kathy Vargas (hereinafter "Owners ") are the record owners of the property to be acquired herein described as a portion of 667 Monterey Street, San Luis Obispo, California; and WHEREAS, the City of San Luis Obispo is authorized to exercise the power of eminent domain for the purpose of taking such property by virtue of Government Code Section 37350.5 and Code of Civil Procedure Sections 1230.020, 1240.010, 1240.020 and 1240.110; and WHEREAS, pursuant to the Code of Civil Procedure Section 1245.235, notice and opportunity. to be heard was given to the person(s) shown on the last equalized county assessment role as the owner(s), and WHEREAS, pursuant to Government Code Section 7267.2 the owner(s) of record was offered just compensation for the real property hereinafter described, and provided with a proper Appraisal Summary Statement; and WHEREAS, the Project was designed and approved after extensive study and public consultation to be located in the most advantageous area of the City and in such a way as to impair and obstruct as little private property as possible and to provide access to the San Luis Creek area; and WHEREAS, on January 2, 1980, by Resolution No. 4067, this Council certified the Final Environmental Impact Report for the R -8151 ,J Resolution No. 8151(1993 Series) Page Two Mission. Plaza Extension Project pursuant to State and City laws; and WHEREAS, on May 14, 1981, by Resolution No. 4484, this Council certified that the Project was compatible with land use plans of surrounding jurisdictions; and WHEREAS, on July 22, 1981, the Planning Commission of the City of San Luis Obispo determined that the land acquisition for the Project was consistent with the General Plan; and WHEREAS, on June 15, 1982, by Resolution No. 4866, this Council approved and determined that this Project is consistent with the City's General Plan, in particular the Park and Recreation Element of the General Plan; and WHEREAS, after public, noticed hearing, on January 2, 1980, and pursuant to the certified Environmental Impact Report, this Council conceptually approved the design and plans of the Project; and NOW, THEREFORE, BE IT RESOLVED by the members of the City Council of the City of San Luis Obispo, San Luis Obispo County, California, as follows: 1. That the portion of the real property situated at 667 Monterey Street, San Luis Obispo, California, to be acquired herein is described on Exhibit "A" attached hereto and incorporated by reference, a diagrammatic illustration of the parcel of real property and that portion to be acquired herein; 2. The public interest and necessity require the acquisition, construction, completion and implementation of the Mission Plaza Extension Project; said Project is a public park project, a public use, and that portion of the property described as 667 Monterey Street, San Luis Obispo, California, as set forth on the attached Exhibit "A" is to be taken for such public use; 3. The public interest and necessity require the acquisition of that portion of the real property described above and on Exhibit "A" and the taking of said real property described above and on Exhibit "A" and the taking of said real property and all interests is necessary for the construction, completion and operation of the Project, and it is hereby directed that said real property and interests described above is to be acquired by the City of San Luis Obispo, California, by eminent domain proceedings as hereinafter set forth; 4. Said Project is planned and located in the manner that will be most compatible with the greatest public good and the least • Resolution No. 8151 (1993 Series) Page Three I. private injury; that said Project will provide a pedestrian walkway and access for, inter alia, creek maintenance, thus benefitting the general public; 5. That the statutory offer required by Government Code Section 7267.2 has been made to the owner of record; 6. The City Attorney and the City Administrative Officer are authorized and directed to perform all acts necessary on behalf of the City for the acquisition of said interest in real property, and said City Attorney and City Administrative Officer. are further authorized to instruct Special Condemnation Counsel Herman H. Fitzgerald and /or Christine C. Fitzgerald to prepare, institute, and prosecute to conclusion on behalf of this City, a proceeding in eminent domain, or any such proceedings as may be required for the acquisition of the property described above which cannot be acquired through negotiation and purchase and to do any and all other things in connection with such proceedings as in his /her judgment may be necessary or convenient to the successful conclusion of said.proceeding or proceedings; 7. The City Administrative Officer is hereby authorized to expend funds available to the City for the acquisition of the said real property and interests; 8. The City Administrative Officer is hereby individually authorized and directed to consent to and accept, on behalf of the City, all deeds and grants conveying any interest in the property as hereinabove described; 9. The City Administrative Officer is hereby authorized and directed to record a certified copy of this Resolution in the Office of the County Recorder of the County of San Luis Obispo. It may thereafter be referred to herein with the same effect as though a certified copy of this Resolution were attached to the document accepted. UPON MOTION OF Council Member Roalman seconded by _ Council Member Rappa , and on the following roll call vote: Ayes: Council Members Roalman, Rappa, Romero, Settle, and Mayor Pinard Noes: None Absent • None the foregoing resolution was adopted this 6th day of April 1993. Resolution No. 8151 (1993 Series) Page Four ATTEST: APPROVED: City Administrative Officer 0 EM "Y'-_ Pinard ca Z 13 X�l EX1- l;BIT' f0i rsn & Kathy and Ron Vargas 642 Monterey St. San Luis Obispo, CA 93401 =k