HomeMy WebLinkAboutR 8150 1019-23 Broad StreetG
RESOLUTION NO. 8150 (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
1019 -23 Broad Street (Spradlin)
WHEREAS, California Code of Civil Procedure, title VII of Part
3, Sections 1230.020, 1240.010, 1240.020, and 1240.110, and
Sections 37350.5, et sea., 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 1019 -23 Broad 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, Tamara D. Kelly, Wendy D. Reynoso, and G. D. Spradlin
and Nell E. Spradlin, Trustees of the Spradlin Family Revocable
Trust (hereinafter "Owners ") are the record owners of the property
to be acquired herein described as a portion of 1019 -23 Broad
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
— - - R -8150
Resolution No.8150 (1993 Series)
Page Two
WHEREAS, on January 2, 1980, by Resolution No. 4067, this
Council certified the Final Environmental Impact Report for the
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 1019 -23
Broad 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 1019 -23 Broad
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;
Resolution No. 8150
Page Three
(1993 Series)
C
4. Said Project is planned and located in the manner that
will be most compatible with the greatest public good and the least
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
i
Sect on 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
Resolution No.
Page Four
8150 (1993 Series)
the foregoing resolution was adopted this
1993.
ATTEST:
APPROVED:
6th day of April
riff iZ Pinard
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Trustees
G. D. Spradlin and Nell Spradlin,
Spradlin Family Revocable Trust, and
Wendy D. Reynoso and Tamara D. Kelly
La Familia Ranch
P.O. Box 1294 .o CA 93406
San Luis Obisp ,