HomeMy WebLinkAbout04/06/1993, 9 - MISSION PLAZA, EMINENT DOMAIN PROCEEDINGS MEETING DATE:
►j►hEll city of San Luis OBISPO - - -
I REM NUMBER:
COUNCIL AGENDA REPORT
VIA: Jeffrey G. Jorgensen, City Attorn
FROM: Herman H. Fitzgerald, Special Emile Domain Counsel
SUBJECT: Mission Plaza, Eminent Domain Proceedings
RECOMMENDATION: Adopt resolutions of necessity initiating eminent domain
proceedings as to portions of 1019-23 Broad Street (Spradlini)
and 667 Monterey Street (Vargas) for the Mission Plaza
Expansion Project.
BACKGROUND:
On November 17, 1992, the City Council adopted eminent domain resolutions to acquire
portions of the three properties for the Mission Plaza project (Spradlin - 1019-23 Broad
Street, Miller & Walter - 679 Monterey Street, and Vargas - 667 Monterey Street).
Notice of the November 17, 1992 eminent domain resolution hearing was given to G. D.
Spradlin for the Spradlin property interest at 1019-23 Broad Street and to Kathy Vargas for
the 667 Monterey Street. A Complaint in Eminent Domain was subsequently filed as to the
Spradlin property. The attorney for Mr. Spradlin objected on the grounds that the property
ownership is in the name of the Spradlin Family Revocable Trust and Wendy D. Reynoso
and Tamara D. Kelly with G. D. Spradlin and Nell E. Spradlin as trustees. Even though all
the negotiations have been carried on with Mr. Spradlin on behalf of the property, the law
requires that notice be given to each owner in order to adopt a valid eminent domain
resolution. Although we feel we could overcome the objection by the Spradlin attorneys,
it is our opinion that we should give notice and allow an opportunity to be heard to the
owners other than G. D. Spradlin and thus this additional hearing is necessary.
Notice of the November 17, 1992 hearing was given to Kathy Vargas as the owner of the
property situated at 667 Monterey Street. All contacts have been with Kathy Vargas.
However, Ron and Kathy Vargas are co-owners of the property and Ron Vargas was not
given notice. Thus, it is necessary to allow Ron and Kathy Vargas as co-owners to appear
and be heard on the adoption of a resolution of eminent domain.
The title information that was in the possession of the City's special eminent domain
counsel, Herman F. Fitzgerald, did not indicate that the Spradlin property ownership was
in the names of the trust and Ms. Reynoso and Ms. Kelly. The Vargas property was
formerly in the name of"Kathy Vargas, as trustee" but title.was subsequently transferred to
Ron and Kathy Vargas as husband and wife.
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Since the proposed acquisition has not changed since the November 17 hearing and since
an eminent domain acquisition is against the property itself,the facts of the acquisition have
not changed and therefore the November 17 staff report is attached hereto as Exhibit "A"
and incorporated herein by reference for the convenience of the City Council.
NOTIFICATION:
Notification of this hearing was given to Tamara D. Kelly, and Wendy D. Reynoso and G.
D. Spradlin/Nell E. Spradlin, trustees of the Spradlin Family Trust by Notice of Intention
dated March 18, 1993 from the office of special eminent domain counsel, Herman H.
Fitzgerald, and notice was given to Ron and Kathy Vargas by Notice of Intention dated
March 18, 1993 from the office of Herman H. Fitzgerald, special eminent domain counsel.
ALTERNATIVE ACTIONS:
1. Adoption of Resolution of Necessity.
2. Do not adopt Resolution of Necessity.
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Attachments:
1. November 17, 1992 Agenda Report (Exhibit A)
2. Notice of Intention -Spradlin, etal.
3. Notice of Intention - Vargas, etal.
4. Letter of Instructions from Herman H. Fitzgerald.
5. Resolution of Intention - Spradlin, etal.
6. Resolution of Intention - Vargas, etal.
fI r MEETING DATE:
�Vhl� �ptl
cityQ� San lois oBispo ITEM NUMBER:
!1 COUNCIL. AGENDA REPORT �
dROM: Jeffrey G. Jorgensen, City Attorney ,
SUBJECT: Initiation of Eminent Domain Proceedings as to Portions of
Three (3) Properties for the Mission Plaza Expansion Project
(Spradlin, 10.19-23 Broad Street; Miller 8 Walter, 679
Monterey Street; and Vargas, 667 Monterey Street)
RECOM ENDATION:Initiate Eminent Domain Proceedings to Acquire Portions
From the Above-entitled three (3) Properties by Adopting:the
Attached Eminent Domain Resolutions.
DISCUSSION:
The parcels are identified on the Subject Property Maps Attached to each
Resolution. The Resolutions of Necessity Require Four Affirmative Votes of
the City Council for Passage. The Properties to be acquired through
eminent domain are as follows:
Remaining
Creek Area Level Area Total Area
1. Vargas 7432 sq. ft. 3492 sq. ft. 10, 924 sq. ft. 23 , 504 sq. ft.
Miller/
• Walter 4137 sq. ft. 1758 sq. ft 5895 sq. ft. 12, 147 sq. ft.
3. Spradlin 4036 sq. ft. 196 sq. ft. 4226 sq. ft. 7 , 011 sq. ft.
It is necessary that the above portions of property be acquired by the City
for the Mission Plaza Expansion Project. The acquisition is unimproved
land. No buildings are being acquired. The project consists of, and is
intended, among other things, to provide park and recreation facilities,
public walkways, and flood control.
An Environmental Impact Report was certified on January 2 , 1980 by
Resolution No. 4067 at which time conceptual approval was granted for the
Mission Plaza Expansion (Taylor Plan) . The City's General Plan, including
the Park and Recreation Element, designated and approved the aforementioned
property acquisitions and implementation of the public project. Attached
hereto and incorporated herein by reference is a project description as set
forth on pages 1 through 3 of the Final EIR.
The public use and necessity has been established by the aforementioned
General Plan, various reports and studies, and the proposed public use as
a public park/pedestrian walkway coupled with flood control, all of which
will constitute an established public use under the law. The addition of
landscaping in conjunction with the park and walkway will act as a positive
benefit to the properties.
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111giaipwill city of San ,_ JS OBISpo
wi;% COUNCIL AGENDA REPORT
he City hired Reeder, Gilman & Associates to appraise the land acquisition
on behalf of the City. Mr. Reeder met with all property owners prior to
making his appraisal. City staff offered the appraisal figure and have
attempted to reach agreement with the owners on the terms and conditions
for voluntary sale of the property; however, agreement for the acquisition
have not been reached at this time.
The following written contacts were made by Special Eminent .Domain Counsel
Herman H. Fitzgerald with the property owners after the appraisal was
completed:
S radlin: Letters of May 29, 1992 ; June 18, 1992 ; June 24, 1992 ; June 30,
1992 ; July 24, 1992 ; July 24 , 1992 (2nd letter, same date) .
!Miller/Walter: Letters of May 29 , 1992 ; July 24 , 1992 ; August 6, 1992 ;
August 11, 1992 ; August 31, 1992.
Vargas: Letters of May 29 , 1992 and July 24 , 1992 ; no reply or
acknowledgement received from Mrs. Vargas.
It is now appropriate to institute eminent domain proceedings since the
cityis at an impasse with the property owners. Under state law procedure,'
a hearing is held by the City Council prior to initiating eminent domain'-- `
proceedings. (Please refer to the Letter of Instructions from Herman H.
Fitzgerald, dated October 23 , 1992 . ) I
The hearing is for the limited purpose of considering whether to adopt the
Resolutions of Necessity, which entails a consideration of the following
four items: f
a) whether the public interest and necessity require this project;
b) That the project is planned or located in a manner that will be
most compatible with the most public good and least private
injury;
C) That this property sought to be acquired is necessary for this
project; and
d) Whether the offer required by Government Code section 7267 .2 has
been given.
The state law makes clear that this hearing , is not for the purpose of
hearing testimony as to what the property 'is worth, or whether the
appraisal is valid, or whether the city has made a fair offer to the
property owner.
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l COUNCIL AGENDA REPORT
OTIFICATION:
he property owners have been given notice of this hearing by letter dated
ctober 22, 1992 from the Office of Special Eminent Domain Counsel Herman
i. Fitzgerald.
PTIONS:
1) Adoption of Resolutions of Necessity. This is the recommended
action.
2) Do not adopt Resolutions of Necessity. This would terminate
further proceedings for the acquisition of this property.
3) Continue this item for additional information or action to a date
certain.
ISCAL IMPACT:
The appraised value of the property to be acquired is $215, 000. Between
Ihe funds designated in the 1991-93 Financial Plan for Mission Plaza j
mprovements (approximately $164 . 300 remaining) , and the proceeds from the
1990 Certificates of Participation for open space/parkland acquisition
,$900, 000) there are sufficient funds available to accomplish this
acquisition, including costs of eminent domain proceedings.
I
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Attachments:
1. Excerpts from EIR
2. Resolutions of Necessity (Exhibits A, B, & C)
3 . Notice of Intention
4. Letter from Herman H. Fitzgerald
I
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INTRODUCTION
In Auoust 1979 the San Luis Obispo City Council reaffirmed its support for
extension of Mission Plaza along San Luis Creek from Broad Street to Nipomo
Street. The council also tentatively approved a schematic site plan and
authorized preparation of an environmental impact report and additional
design work.
This environmental . impact report has been prepared to evaluate the basic
effects of such an extension and to identify alternative design features
and ways of reducing ha ,, ful impacts .
The California Environmental Quality Act requires envircnmental impact
reports to be prepared when projects have the potential to significantly
harm the environment. This report is intended to provide the public and
those government bodies approving all or parts of the project with complete
and accurate information on which to base their decisions.
This is a draft. After it has been reviewed by the public and concerned
agencies , and modified to reflect their criticisms and suggestions which
are judged to be valid, it will be presented to the City Council . The City
Council must decide if the report is adequate for its use.
PROJECT DESCRIPTION
Physical Features
Public, pedestrian access will be extended from the existing Mission Plaza
downstream along San Luis Creek from the Broad Street bridge to the Nipomo J�`,•
Street bridge (see Figure 2, site plan) . There will be a four-foot-wide
walkway under the Broad Street bridge. Its surface will be about one foot
above the adjacent stream--just high enough to clear water levels typical
for April through November . Climbing- to the elevatien of t}ie* Nir,% Street
bridoe , the- path will continue as a meandering walkway along the north side.
of the creek.
The conceptual plan includes a small amphitheater midway between the two
streets on the north side of the creek. The stage would be. slichtly higher
than summer water level , with the most distant seating terrace about six feet
higherthan the stage. The amphitheater and some areas bordering the walk -
way
alk -way would be lawn.
A pedestrian bridge will link the opposite sides of the creek. It will be
aligned with the principal entry to the creek area=-a walkway next to the
city parking lot. On the south (Higuera Street) side of the creek, there
will be two walkways, one passing under the bridge and descending to just
above water level and a second which will be developed along an easement as
businesses along Higuera are developed or remodeled.
Groundcover 'and trees will be planted as shown in the 'site plan. Overhead
wires will be put in underground conduit.
A retaining wall will be built along the north side of the creek as it
approaches the Nipomo Street bridge. It will be vertical and about 12 feet
1
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high where it reaches the bridge abutment, and about six feet high and
sloped as it reaches the steps to the pedestrian bridge. (This wall is
intended to .provide additional channel capacity and to better direct flood
water as it approaches the Nipomo Street bridge. )
The project site is a little less than one acre and includes about 540 feet
of creek.
Construction
The project will include site preparation (removal of trees and plants ,
excavation, removal of debris and rubble) , construction of walls , paths , and
bridge abutments and installation of electrical service, lights , new plants ,
irrigation system, and the pedestrian bridge. Construction equipment such
as pneumatic hammers, skip loaders , trucks , and cranes will be used on the
site and in some cases within the creek.
Continuino Use and Maintenance
The site will be used informally for strolling, sitting, and water play by
children and docs . It will be used formally for small public gatherings ,
including performances at the amphitheater which may include amplified
speech or music. More detailed descriptionsof construction methods , contin-
uing uses and maintenance activities are provided in the section whit'^.
discusses impacts.
Aoorovals Reauired
The decision to carry out the project, including what features will be incor-
porated, how it will be built, and when, will be made by the San Luis Obispo
City Council. , with advice from the project architect (Richard Taylor &
Associate,' Santa Barbara) , the Desion Review Board, city staff, and the
public.
A per-nit to do work within the creek will be_required by the California
Depzrt-nent of Fish and Game.
ENVIRONMENTL SETTING/EXISTING CONDITIONS
General Setting
The project site is surrounded by urban development: streets, parking lots,
commercial buildings, multifamily residences , and public buildings (see
Figure 1 ). Here, San Luis creek flows within generally well defined banks ,
with the bottom about 16 feet below the surrounding ground surface_ The
channel in this block ranges from 40 to 60 feet wide, while the bridge abut-
ments at either end have openings of 30 feet. - The creek banks are over-
grown with largely non-native plants . While during the winter the creek
carries a highly variable amount of storm water and sediment, most of the
year it is shallow, clear, and regularly flowing.
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RESOLUTION NO. (1992 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 RE:
667 Monterey Street (Vargas)
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 seQ. , 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, Kathy Vargas (hereinafter "Owner") is the record
owner 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 shown on the last equalized county assessment role as the
owner; and
WHEREAS, pursuant to Government Code Section 7267. 2 the owner
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 designated 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..
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C�\9`€ VIT 'Alf 'D
Resolution No. (1992 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
c
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
NOR, THEREFORE, BE IT RESOLVED by 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
St. , San Luis Obispo, California, as set forth in 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;
7v�1
Resolution No. (1992 Series)
Page Three
i
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 alfa, creek maintenance, thus benefiting 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 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 in any acceptance by any of the
officers or agents referred to herein with the same effect as
though a certified copy of this Resolution were attached to the
document accepted.
UPON MOTION of , seconded by
and on the following roll call vote:
Ayes:
Noes:
Absent: -"
9-A
Resolution No. (1992 Series)
Page Four
the foregoing Resolution was adopted this day of ,
1992.
MAYOR
ATTEST:
City Clerk
APPRO ORM:
City A inistrative Officer
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T_\•trTn TT 1111
RESOLUTION ,NO. (1992 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 RE:
679 Monterey Street (Miller/Walter)
WHEREAS, California Code of Civil Procedure, Title VII of Part
3, Sections 1230120, 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 679 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, Peter C. Miler, Rosemary D. Miller and William S.
Walter (hereinafter "Owner") are the record owners of the property
to be acquired, herein described as a portion of 679 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 shown on the last equalized county assessment role as the
owner; and
WHEREAS, pursuant to Government Code Section 7267. 2 the owner
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 designated 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.
_ ?-15
Resolution No. (1992 Series)
Page Two
J;
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 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 679
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 679 Monterey
St. , San Luis Obispo, California, as set forth in 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;
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Resolution No. (1992 Series)
Page Three
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 benefiting 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 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 in any acceptance by any of the
officers or agents referred to herein with the same effect as
though a certified copy of this Resolution were attached to the
document accepted.
UPON MOTION of , seconded by
and on the following roll call vote:
Ayes:
Noes:
Absent:
Resolution No. (1992 Series)
Page Four
the foregoing Resolution was adopted this day of ,
1992.
MAYOR
ATTEST:
City Clerk
APPROV FORM:
ty A inistrative Officer
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z 28
EXHIBIT "A" �_�,
RESOLUTION NO. (1992 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF y
SAN LUIS OBISPO AUTHORIZING ACQUISITION OF PROPERTY,
THE E%PENDING OF FUNDS THEREFOR, THE
DESIGNATION OF PERSONNEL TO ACCEPT DEEDS AND GRANTS
ON BEHALF OF THE CITY AND THE INSTITUTION OF
EMINENT DOMAIN PROCEEDINGS RE:
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 seQ. , 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 2real pfoperty 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, G. D. Spradlin (hereinafter "Owner") is the record
owner 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 shown on the last equalized county assessment role as the
owner; and
WHEREAS, pursuant to Government Code Section 7267. 2 the owner
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 designated 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.
EXHIBITi6 99 I ���
Resolution No. (1992 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 City Council of the City
of San Luis Obispo, San Luis Obispo County, California, as follows:
l.. 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 in 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;
gal
Resolution No. (1992 Series)
Page Three
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 benefiting 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 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 in any acceptance by any of the
officers or agents referred to herein with the same effect as
though a certified copy of this Resolution were attached to the
document accepted.
UPON MOTION of , seconded by
and on the following roll call vote:
Ayes:
Noes:
Absent:
j
9-A
3-�
f
Resolution No. (1992 Series)
Page Four
the foregoing Resolution was adopted this day of ,
19.92.
MAYOR
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Administrative officer
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. ` �s LOR AVENUE:. SUITE 302HLRMAN H. F=GERBURUINGAME.
CALIFORNIA 9°010
TELEPHONE 1413) 348-8198
A PROFESSIONAL CORPORATION FACSIMILE (415) 348-3518
HERMAN H. FITZGERALO
CHRISTINE C. nTZGERALD _
October 22, 1992
Ms . Kathy Vargas
642 Monterey Street
San Luis Obispo, CA 93401
RE: City of San Luis Obispo Property Acquisition
(Acquisition of 667 Monterey Street)
Mission Plaza
Dear Ms . Vargas :
Enclosed herewith please find a corrected Notice of Intention
of the City of San Luis Obispo to adopt a Resolution of Necessity
for the acquisition of the above-entitled real property.
The correction involved a typographical error in which the
words "Redevelopment Agency of" appeared in the title and caption
of the Notice. The Resolution hearing will be before the City
Council of the City of San Luis Obispo and the adoption, if
} approved, will be by the City Council of the City of San Luis
Obispo. The "Redevelopment Agency" is not involved with this
hearing or acquisition .
Very truly yours,
HER=OV
FITZ D
HHF :mlh
Enclosure
bcc: Jeffrey G. Jorgensen, Esq.
(Notice of Intention, 1)
9-a5
J
v i
NOTICE OF INTENTION OF THE CITY OF SAN LUIS OBISPO,
SAN LUIS OBISPO COUNTY, CALIFORNIA, TO ADOPT A RESOLUTION
OF NECESSITY FOR THE ACQUISITION OF REAL PROPERTY BY
EMINENT DOMAIN PROCEEDINGS
TO: Ms . Kathy Vargas
642 Monterey Street
San Luis Obispo, CA 93401
RE: Acquisition by the City of San Luis Obispo of a portion
of 667 Monterey Street situated in the City of San Luis
Obispo, County of San Luis Obispo, State of California
THIS NOTICE is given to you as the owner (appearing on the
last equalized County assessment rolls) of that certain real
property located in the City of San Luis Obispo, San Luis Obispo
County, California, and referred to herein as 667 Monterey Street .
PLEASE BE ADVISED that the City of San Luis Obispo, San Luis
Obispo County, California, intends to adopt a resolution
authorizing the acquisition of a portion of the property described
above and delineated on Exhibit "A" (attached hereto and
incorporated by reference as though set forth at length herein) .
Said acquisition is needed and sought for municipal purposes, ^�
i.e . , park and recreation with resulting flood control benefits .
You, as the owner of the property have a right to appear and
be heard at the meeting of the City Council set for November 17,
1992 at 7 : 00 p.m. in the City Council Chambers, City Hall, 990
Palm Street, San Luis Obispo, California, to be heard on the
following matters :
1 . Whether or not the public interest and necessity require
the proposed project;
2 . Whether or not the project is planned or located in the
manner that will be most compatible with the greatest
public good and least private injury;
3 . Whether or not the property described on Exhibit
"A" is necessary for the proposed project; and
4 . Whether the offer required by Government Code
Section 7267 .2 has been given .
Your right to appear and be heard on the above matters is
conditioned upon your filing a written request to appear and
be heard within fifteen (15) days after the date that this notice
N of I, 2
r�
is mailed to you as indicated by the attached proof of mailing.
Dated: October 1992.
r
CITY OF SAN LUIS OBISPO
BY:
HERMAN 'ZG LD
Attorney for City San
Luis Obispo
All written requests to be heard shall be directed and
addressed as follows :
Jeffrey G. Jorgensen, Esq.
City Attorney
City of San Luis Obispo
990 Palm Street
P.O. Box 8100
San Luis Obispo, CA 93403-8100
Notice Intention
N of I, 3
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N of I , 4 3 l
PROOF OF SERVICE
�. I am employed by the law firm of Herman H. Fitzgerald in the
County of San Mateo, California. I am over the age of eighteen
years and not a party to the within action. My business address
is 345 Lorton Avenue, Suite 302, Burlingame, California 94010 .
On this date I served the within:
NOTICE OF INTENTION OF THE CITY OF SAN LUIS OBISPO, SAN LUIS
OBISPO COUNTY, CALIFORNIA, TO ADOPT A RESOLUTION OF NECESSITY FOR
THE ACQUISITION OF REAL PROPERTY BY EMINENT DOMAIN PROCEEDINGS
on the interested parties in this cause by placing a true copy of
said documents in a .sealed envelope in the United States mail,
first-class with postage fully prepaid at Burlingame, California
addressed as follows :
Ms . Kathy Vargas
642 Monterey Street
San Luis Obispo, CA 93401
I declare under penalty of perjury that the foregoing is true
and correct . Executed on October 22, 1992 at Burlingame,
California.
MICHELE L. HUDAK
N of I,5
9-�9
LAW OFFICES OF
02
H�..�{.(m [��N H. rrzG R �6 LORTON AVENUE. SUITE 9
y�u'7}.0]1\ H. 1 11(+�J�j��(+L/ - � BURLIN GAM E. CALIFORNIA 94010
TELEPHONE Id13) 348-6190
A PROFESSIONAL CORPORATION FACSIMILE (4101 348-3818
HERMAN w. FITZOERALO
CHRISTINE C. FITZGERALO
October 22, 1992
Peter C. Miller
Rosemary D. Miller
William S. Walter
679 Monterey Street
San Luis Obispo, CA 93401
Re: City of San Luis Obispo Property Acquisition
(Acquisition of 679 Monterey Street)
Mission Plaza
Dear Mr. and Mrs. Miller and Mr. Walter:
Enclosed herewith please find a corrected Notice of Intention
of the City of San Luis Obispo to adopt a Resolution of Necessity
for the acquisition of the above-entitled real property.
The correction involved a typographical error in which the
words "Redevelopment Agency of" appeared in the title and caption �.
of the Notice . The Resolution hearing will be before the City
Council of the City of San Luis Obispo and the adoption, if
approved, will be by the City Council of the City of San Luis
Obispo. The "Redevelopment Agency" is not involved with this
hearing or acquisition.
Very truly yours,
HERMAN ITZ 1)
HHF :mlh
Enclosure
letter to miller/waiter
bcc: Jeffrey G. Jorgensen, Esq.
9-30
N of I, 6 ���
y
NOTICE OF INTENTION OF THE CITY OF SAN LUIS OBISPO,
r SAN LUIS OBISPO COUNTY, CALIFORNIA, TO ADOPT A RESOLUTION
OF NECESSITY FOR THE ACQUISITION OF REAL PROPERTY BY
EMINENT DOMAIN PROCEEDINGS
TO: Mr. Peter C. -Miller
Ms. Rosemary D. Miller
Mr. William S. Walter
679 Monterey Street
San Luis Obispo, CA 93401
RE: Acquisition by the City of San Luis Obispo of a portion
of 679 Monterey Street situated in the City of San Luis
Obispo, County of San Luis Obispo, State of California
THIS NOTICE is given to you as the owner (appearing on the
last equalized County assessment rolls) of that certain real
property located in the City of San Luis Obispo, San Luis Obispo
County, California, and referred to herein as 679 Monterey Street .
PLEASE BE ADVISED that the City of San Luis Obispo, San Luis
Obispo County, California, intends to adopt a resolution
authorizing the acquisition of a portion of the property described
above and delineated on Exhibit "A" (attached hereto and
incorporated by reference as though set forth at length herein) .
Said acquisition is needed and sought for municipal purposes,
i.e . , park and recreation with resulting flood control benefits .
You, as the owner of the property have a right to appear and
be heard at the meeting of the City Council set for November 17,
1992 at 7 :00 p.m. in the City Council Chambers, City Hall, 990
Palm Street, San Luis Obispo, California, to be heard on the
following matters :
1 . Whether or not the public interest and necessity require
the proposed project;
2 . Whether or not the project is planned or located in the
manner that will be most compatible with the greatest
public good and least private injury;
3 . Whether or not the property described on Exhibit
"A" is necessary for the proposed project; and
4 . Whether the offer required by Government Code
Section 7267 ..2 has been given.
Your right to appear and be heard on the above matters is
conditioned upon your filing. a written request to appear and
N of I, 7 lr��
be heard within fifteen (15) days after the date that this notice
is mailed to you as indicated by the attached proof of mailing.
Dated: October t�2OZ , 1992 .
CITY OF SAN LUIS OBISPO
BY:
HERMAND
Attorney for C1ty San
Luis Obispo
All written requests to be heard shall be directed and
addressed as follows :
Jeffrey G. Jorgensen, Esq.
City Attorney
City of San Luis Obispo
990 Palm Street
P .O. Box 8100
San Luis Obispo, CA 93403-8100
Notice Intention
i
1
N of I, 8
7 JW
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00
N of
PROOF OF SF.RVT('R
I am employed by the law firm of Herman H. Fitzgerald in the
County of San Mateo, California. I am over the age of eighteen` .___ '
years and not a party to the within action. My business address
is 345 Lorton Avenue, Suite 302, Burlingame, California 94010 .
On this date I served the within:
NOTICE OF INTENTION OF THE CITY OF SAN LUIS OBISPO, SAN LUIS
OBISPO COUNTY, CALIFORNIA, TO ADOPT A RESOLUTION OF NECESSITY FOR
THE ACQUISITION OF REAL PROPERTY BY EMINENT DOMAIN PROCEEDINGS
on the interested parties in this cause by placing a true copy of
said documents in a sealed envelope in the United States mail,
first-class with postage fully prepaid at Burlingame, California
addressed as follows :
Mr. Peter C. Miller
Ms . Rosemary D . Miller
Mr. William S . Walter
679 Monterey Street
San Luis Obispo, CA 93401
I declare under penalty of perjury that the foregoing is true
and correct . Executed on October 22, 1992 at Burlingame,
California.
MICHELE L. HUDAK
N of I, 10
7-O
LAW OFFICES OF
HL.11i'liZi• 02
H. Fmm.&a S LORTNG AVENUE. ORNUITE 9
BURLIGAM E. CALIFORNIA 94010
TELEPHONE (4151 348-5199
A PROFESSIONAL CORPORATION FACSIMILE (415( 348-3518
�.— MERMAN M. FITZGCRALG '
CHRISTINE C. FITZGERALO
October 22, 1992.
Mr. G.D. Spradlin
La Familia Ranch
P.O. Box 1294
San Luis Obispo, CA 93406
Re: City of San Luis Obispo Property Acquisition
(Acquisition of 1019-23 Broad Street)
Dear Mr. Spradlin:
Enclosed herewith please find a corrected Notice of Intention
of the City of San Luis Obispo to adopt a Resolution of Necessity
for the acquisition of the above-entitled real property.
The correction involved a typographical error in which the
words "Redevelopment Agency of" appeared in the title and caption
of the Notice. The Resolution hearing will be before the City
Council of the. City of San Luis Obispo and the adoption, if
approved, will be by the City Council of the City of San Luis
Obispo. The "Redevelopment Agency" is not involved with this
hearing or acquisition.
Very truly yours,
HERMAN H. FIT `
HHF:mlh
Enclosures
letter to spiadlin
bcc: Jeffrey G. Jorgensen, Esq.
N of I, 11
9-3s
NOTICE OF INTENTION OF THE CITY. OF SAN LUIS OBISPO,
SAN LUIS OBISPO COUNTY, CALIFORNIA, TO ADOPT A RESOLUTION
OF NECESSITY FOR THE ACQUISITION OF REAL PROPERTY BY
EMINENT DOMAIN PROCEEDINGS
TO: Mr. G.D. Spradlin
La Familia Ranch
P .O. Box 1294
San Luis Obispo, CA 93406
RE: Acquisition by the City of San Luis Obispo of a portion
of 101.9-23 Broad Street situated in the City of San Luis
Obispo, County of San Luis Obispo, State of California
THIS NOTICE is given to you as the owner (appearing on the
last equalized County assessment rolls) of that certain real
property located in the City of San Luis Obispo, San Luis Obispo
County, California, and referred to herein as 1019-23 Broad
Street .
PLEASE BE ADVISED that the City of San Luis Obispo, San Luis
Obispo County, California, intends to adopt a resolution
authorizing the acquisition of a portion of the property described
above and delineated on Exhibit °A" (attached hereto and
incorporated by reference as though set forth at length herein) .
Said acquisition is needed and sought for municipal purposes,
i .e . , park and recreation with resulting flood control benefits .
You, as the owner of the property have a right to appear and
be heard at the meeting of the City Council set for November 17,
1992 at 7 :00 p.m. in the City Council Chambers, City Hall, 990
Palm Street, San Luis Obispo, California, to be heard on the
following matters :
1 . Whether or not the public interest and necessity require
the proposed project;
2 . Whether or not the project is planned or located in the
manner that will be most compatible with the greatest.
public good and least private injury;
3 . Whether or not the property described on Exhibit
"A" is necessary for the proposed project; and
4 . Whether the offer required by Government Code
Section 7267 .2 has been given.
Your right to appear and be heard on the above matters is
conditioned upon your filing a written request to appear and
be heard within fifteen (15) days after the date that this notice )
N of 1, 12 ��
is mailed to you as indicated by the attached proof of mailing.
Dated: October 1992 .
CITY OF SAN LUIS OBISPO
BY:
HERMAN ITZG D
Attorney for City San
Luis Obispo
All written requests to be heard shall_ be directed and
addressed as follows :
Jeffrey G. Jorgensen, Esq.
City Attorney
City of San Luis Obispo
990 Palm Street
P .O. Box 8100
San Luis Obispo, CA 93403-8100
Notice Intention
N of I, 13
9-37
3-35
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l 9-38
N of I , 14 `' "�
PROOF OF SERVICE
I am employed .by the law firm of Herman H. Fitzgerald in the
�. County of San Mateo, California. I am over the age of eighteen
years and not a party to the within action. My business address
is 345 Lorton Avenue, Suite 302, Burlingame, California 94010 .
On this date I served the within:
NOTICE OF INTENTION OF THE CITY OF SAN LUIS OBISPO, SAN LUIS
OBISPO COUNTY, CALIFORNIA, TO ADOPT A RESOLUTION OF NECESSITY FOR
THE ACQUISITION OF REAL PROPERTY BY EMINENT DOMAIN PROCEEDINGS
on the interested parties in this cause by placing a true copy of
said documents in a sealed envelope in the United States mail,
first-class with postage fully prepaid at Burlingame, California
addressed as follows :
Mr. G.D. Spradlin
La Familia Ranch
P .O. Box 1294
San Luis Obispo, CA 93406
I declare under penalty of perjury that the foregoing is true
and correct . Executed on October 22, 1992 at Burlingame,
California.
MICHELE L. HUDAK
q39
N of I, 15
• ,�37
LAW OFFICES OF
HL11L'3A H. MGE111'] D ag LO RTAVENUE, SURE 302
BURLIN NG GAM E. CALIFORNIA 94010
TELEPHONE 14151 348-5195
A PROFESSIONAL CORPORATION FACSIMILE 141st 348-3518
HERMAN M. FITZGERALO
CHRISTINE C. FITZGERALD
October 23, 1992
City Council of the City of.
San Luis Obispo
P .O. Box 8100
990 Palm Street
San Luis Obispo, CA 93403-8100
Attention: Jeffrey G. Jorgensen, Esq.
Re: Acquisition of Property by Eminent Domain
Mission Plaza Expansion Project
1019-23 Broad Street/679 Monterey Street/667 Monterey Street
To the City Council :
The following memorandum sets forth the procedures for the
adoption of the Resolution of Necessity for the acquisition of
portions of the above-entitled properties . \
i
The law requires that the City must send a written notice by first
class mail to each person whose property is to be acquired by
eminent domain and whose name and address appears on the last
equalized county assessment roll of the City' s intention to adopt
a Resolution of Necessity regarding those proceedings . Secondly,
the City must adopt the Resolution of Necessity itself determining
that the public interest and necessity require the acquisition of
such property interests and directing the filing of eminent domain
proceedings .
To comply with the law a Notice of Intention to Adopt a
Resolution of Necessity has been prepared and forwarded to the
property owner. No City authority is needed to send this Notice .
It is a requirement of the Eminent Domain Statutes .
At the hearing on the Resolution, the City will hear all persons
whose property is to be acquired by the Eminent Domain Resolution
speak in relation to the adoption of the Resolution of Necessity
and the directing by you of the filing of eminent domain
proceedings for the acquisition of the real property interest for
the public project . Please note that this is not a public
hearing. The City is only required to hear those persons to whom
the Notice of Intention has been mailed and who have filed a
timely request as specified in the Notice,.
9-9
(Letter, 1)
0000�� Ir Y
As set forth above, the City is not required to hear the general.
public regarding the Resolution of Necessity. The law gives the
right to be heard only to those whose property interests are to be
acquired. Moreover, if no property owner files a written request
pursuant _to the Code of Civil Procedure Section 12.45 .235 (b) and
(c) , no such hearing need to be held and the City can proceed to
consider and vote on the Resolution. The only issues that the
owners may speak to are as follows :
(a) Whether the public interest and necessity require the
project;
(b) Whether the project is planned and located in the manner
that would be most compatible to the greatest public.
good and the least private injury;
(c) Whether the property sought to be acquired is
necessary for the project; and
(d) Whether the offer required .by Government Code Section
7267 .2 has been given .
The above are the only four matters that may be discussed. There
can be no discussion as to the value of the property interests nor
the basis of the valuation.
If the Resolutions are adopted, eminent domain proceedings will be
filed thereafter.
However, continued efforts will be made by the staff to acquire
the property by negotiations with any of the owners or their
representatives . In that manner, the staff would hope to
minimize, if not eliminate, the expense and effort involved in
litigation to both the City and the property owners .
The staff recommends, with my concurrence, that upon conclusion of
the Resolution hearing, you make the findings set forth in the
Resolution and adopt the Resolution of Necessity.
A vote of 4 members of the City Council is necessary to adopt the
Resolution .
I will be pleased to answer any questions you may have.
Respectfully yours,
HERMAN H. FlIF2ZGERALD
HHF :dlm
Fo.ms:ACQ LETTER
g-H�1
(Letter, 2) �^�
NOTICE OF INTENTION OF THE CITY OF SAN LUIS OBISPO,
SAN LUIS OBISPO COUNTY, CALIFORNIA, TO ADOPT A RESOLUTION
OF NECESSITY FOR THE ACQUISITION OF REAL PROPERTY BY
EMINENT DOMAIN PROCEEDINGS
TO: Mr. G.D. Spradlin/Nell E . Spradlin, Trustees of the Spradlin
Family Revocable Trust
Tamara D. Kelly
Wendy D. Reynoso
La Familia Ranch
P .O. Box 1294
San Luis Obispo, CA 93406
RE : Acquisition by the City of San Luis Obispo of a portion
of 1019-23 Broad Street situated in the City of San Luis
Obispo, County of San Luis Obispo, State of California
THIS NOTICE is given to you as the owner (appearing on the
last equalized County assessment rolls) of that certain real
property located in the City of San Luis Obispo, San Luis Obispo
County, California, and referred to herein as 1019-23 Broad
Street .
PLEASE BE ADVISED that the City of San Luis Obispo, San Luis
Obispo County, California, intends to adopt a resolution
authorizing the acquisition of a portion of the .property described
above and delineated on Exhibit "A" (attached hereto and
incorporated by reference as though set forth at length herein) .
Said acquisition is needed and sought for municipal purposes,
i .e . , park and recreation with resulting flood control benefits .
You, as the owner of the property have a right to appear and
be heard at the meeting of the City Council set for April 6, 1993
at 7 :00 p .m. in the City Council Chambers, City Hall, 990 Palm
Street, San Luis Obispo, California, to be heard on the following
matters :
1 . Whether or not the public interest and necessity require
the proposed project;
2 . Whether or not the project is planned or located in the
manner that will be most compatible with the greatest
public good and least private injury;
3 . Whether or not the property described on Exhibit
"A" is necessary for the proposed project; and
4 . Whether the offer required by Government Code
Section 7267 .2 has been given .
ATTACHMENT 2
q-�a
Your right to appear and be heard on the above matters is
conditioned upon your filing a written request to appear and
be heard within fifteen (15) days after the date that this notice
is mailed to you as indicated by the attached proof of mailing.
Dated: March , 1993 .
CITY OF SAN LUIS OBISPO
B Y: %-
OHERMAN&E.
FIVGERALD
Attorney for City San
Luis Obispo
All written requests to be heard shall be directed and
addressed as follows :
Jeffrey G. Jorgensen, Esq.
City Attorney
City of San Luis Obispo
990 Palm Street
P .O. Box 8100
San Luis Obispo, CA 93403-8100
�. Notice Intention
cc: Carl E . Hayes, Esq.
Burke, Smith, Helenius & Hayes
1880 Santa Barbara Street
Post Office Box 1446
San Luis Obispo, CA 93406
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_ . —'
1 PROOF Or S .RVZ E
I am employed by the law firm of Herman H. Fitzgerald in
the County of-'San Mateo, California. I am over the age of
2 eighteen years and not a party to the within action. My
3 business address is 345 Lorton Avenue, Suite 302, Burlingame,
California 94010 .
4
5 On this date I served the within:
OTICE OF INTENTION OF THE CITY OF SAN LUIS OBISPO,
6 SAN LUIS OBISPO COUNTY, CALIFORNIA, TO ADOPT A RESOLUTION OF
' ECESSZTY FOR THE ACQUISITION OF REAL PROPERTY BY EMINENT
OMAIN PROCEEDINGS
8
9 on the .interested parties in this cause by placing a true
10 copy of said documents in a sealed envelope in the United
11 States mail (VIA EXPRESS MAIL) with postage fully prepaid at
12 urlingame, California addressed as follows :
13
14 amara D. Kelly
Post Office Box 1294
15 an Luis Obispo, CA 93406
16 Wendy D . Reynoso
Post Office Box 1294
17 an Luis Obispo, CA 93406
18 . D . Spradlin/Nell E. Spradlin, Trustees of
he Spradlin Family Revocable Trust
19 ost Office Box 1294
an Luis Obispo, CA 93406
20 arl E. Hayes, Esq.
21 urke, Smith, Helenius & Hayes (U.S.First Class Mail)
880 Santa Barbara Street
2 San Luis Obispo, CA 93406
23 I declare under penalty of perjury that the foregoing is
rue and correct . Executed or. March 18, 19�t Burlingame,
24 alifornia .
A&W
25 DENISE ftARTIN
26
27
� 28
9-45
NOTICE OF INTENTION OF THE CITY OF SAN LUIS OBISPO,
SAN LUIS OBISPO COUNTY, CALIFORNIA, TO ADOPT A RESOLUTION
OF NECESSITY FOR THE ACQUISITION OF REAL PROPERTY BY
EMINENT DOMAIN PROCEEDINGS
TO: Ron and Kathy Vargas
642 Monterey Street
San Luis Obispo, CA 93401
RE : Acquisition by the City of San Luis Obispo of a portion
of 667 Monterey Street situated in the City of San Luis
Obispo, County of San Luis Obispo, State of California
THIS NOTICE is given to you as the owner (appearing on the
last equalized County assessment rolls) of that certain real
property located in the City of San Luis Obispo, San Luis Obispo
County, California, and referred to herein as 667 Monterey Street .
PLEASE BE ADVISED that the City of San Luis Obispo, San Luis
Obispo County, California, intends to adopt a resolution
authorizing the acquisition of a portion of the property described
above and delineated on Exhibit "A" (attached hereto and
incorporated by reference as though set forth at length herein) .
Said acquisition is needed and sought for municipal purposes,
i .e . , park and recreation with resulting flood control benefits ..
You, as the owner of the property have a right to appear and
be heard at the meeting of the City Council set for April 6, 1993
at 7 :00 p .m. in the City Council Chambers, City Hall, 990 Palm
Street, San Luis Obispo, California, to be heard on the following
matters:
1 . Whether or not the public interest and necessity require
the proposed project;
2 . Whether or not the project is planned or located in the
manner that will be most compatible with the greatest
public good and least private injury;
3 . Whether or not the property described on Exhibit
"A" is necessary for the proposed project; and
4 . Whether the offer required by Government Code
Section 7267 .2 has been given .
Your right to appear and be heard on the above matters is
conditioned upon your filing a written request to appear and
be heard within fifteen (15) days after the date that this notice
ATTACHMENT 3
is mailed to you as indicated by the attached proof of mailing.
Dated: March /1 1993 .
4
CITY OF SAN LUIS OBISPO
BY:
HERMAN H. FITWSRALD
Attorney for City San
Luis Obispo
All written requests to be heard shall be directed and
addressed as follows :
Jeffrey G. Jorgensen, Esq.
City Attorney
City of San Luis Obispo
990 Palm Street
P .O. Box 8100
San Luis Obispo, CA 93403-8100
Notice Intention
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1 PROOF OF SrRVTrr
I am employed. by the law firm of Herman H. Fitzgerald in
2 the County of San Mateo, California . I am over the age of
\� eighteen years and not a party to the within action. My
3 business address is 345 Lorton Avenue, Suite 302, Burlingame,
California 94010 .
4
5 On this date I served the within :
6 NOTICE OF INTENTION OF THE CITY OF SAN LUIS OBISPO,
SAN LUIS OBISPO COUNTY, CALIFORNIA, TO ADOPT A RESOLUTION OF
7 NECESSITY FOR THE ACQUISITION OF REAL PROPERTY BY EMINENT
DOMAIN PROCEEDINGS
8
9 on the interested parties in this cause by placing a true
10 copy of said documents in a sealed envelope VIA FEDERAL
11 EXPRESS OVERNIGHT DELIVERY, with postage fully prepaid at
12 Burlingame, California addressed as follows :
13
14 RON and KATHY VARGAS
642 MONTEREY STREET
�_.
15 SAN LUIS OBISPO, CA 93401
16 I declare under penalty of perjury that the foregoing is
true and correct . Executed on March 1.8, 993 at Burlingame,
17 California . ,
&40
18 DENISE TIN
19
20
21
22
23
24
25
26
27
28
9y9
LAW OFFICES OF
HERMAN H. FITZGERALD 345 LOR AVENUE. SUITE 302
BURLIN ING GAM E. CALIFORNIA 94010
TELEPHONE (415) 348-5195
A PROFESSIONAL CORPORATION FACSIMILE (415) 348-351B
HERMAN H. FITZGERALD
CHRISTINE C. FITZGERALD
March 18, 1993
City Council of the City of
San Luis Obispo
990 Palm Street
P .O. Box 8100
San Luis Obispo, CA 93403-8100
Attn: Jeffrey G. Jorgensen, Esq.
Re: Acquisition of Property by Eminent Domain
Mission Plaza Expansion Project
1019-23 Broad Street/679 Monterey Street/667 Monterey
Street
To the City Council :
The following memorandum sets forth the procedures of the adoption
of the Resolution of Necessity for the acquisition of the above-
entitled property.
The law requires that the City must send a written notice by first
class mail to each person whose property is to be acquired by
eminent domain and whose name and address appears on the last
equalized county assessment roll of the City' s intention to adopt
a Resolution of Necessity regarding those proceedings . Secondly,
the City must adopt the Resolution of Necessity itself determining
that the public interest and necessity require the acquisition of
such property interests and directing the filing of eminent domain
proceedings .
To comply with the law a Notice of Intention to Adopt a
Resolution of Necessity has been prepared and forwarded to the
property owner. No City authority is needed to send this Notice .
It is a requirement of the Eminent DUI'i1aln Statutes .
At the hearing on the Resolution, the City will hear all persons
whose property is to be acquired by the Eminent Domain Resolution
speak in relation to the adoption of the Resolution of Necessity
and the directing by you of the filing of eminent domain
proceedings for the acquisition of the real property interest for
the public project . Please note that this is not a public
hearing. The City is only required to hear those persons to whom
the Notice of Intention has been mailed and who have filed a
timely request as specified in the Notice .
ATTACPI.IENT 4 9-50
As set forth above, the City is not required to hear the general
public regarding the Resolution of Necessity . The law gives the
right to be heard only to those whose property interests are to be
acquired. Moreover, if no property owner files a written request
pursuant to the Code of Civil Procedure Section 1245 .235 (b) and
(c) , no such hearing need to be held and the City can proceed to
consider and vote on the Resolution . The only issues that the
owners may speak to are as follows :
(a) Whether the public interest and necessity require the
project;
(b) Whether the project is planned and located in the manner
that would be most compatible to the greatest public
good and the least private injury;
(c) Whether the property sought to be acquired is
necessary for the project; and
(d) Whether the offer required by Government Code Section
7267 . 2 has been given .
The above are the only four matters that may be discussed. There
can be no discussion as to the value of the property interests nor
the basis of the valuation .
If the Resolutions are adopted, eminent domain proceedings will be
filed thereafter.
However, continued efforts will be made by the staff to acquire.
the property by negotiations with any of the owners or their
representatives . In that manner, the staff would hope to
minimize, if not eliminate, the expense and effort involved in
litigation to both the City and the property owners .
The staff recommends, with my concurrence, that upon conclusion of
the Resolution hearing, you make the findings set forth in the
Resolution and adopt the Resolution of Necessity.
A vote of 4 members of the Board is necessary to adopt the
Resolution.
I will be pleased to answer any questions you may have .
Respectfully yours,
/ERMAN H. FITZGERALD
HHF :dlm
acq letter
RESOLUTION NO. (1993 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO AUTHORIZING ACQUISITION OF PROPERTY,
THE E%PENDING 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 seer. , 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
ATTACHMENT N0. 5 �!�
Resolution No. (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;
9-<2-,
Resolution No. (1993 Series)
Page Three
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 alfa, 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 , seconded by
and on the following roll call vote:
Ayes:
Noes:
Absent:
Resolution No. (1993 Series)
Page Four
the foregoing resolution was adopted this day of
1993.
Mayor Peg Pinard
ATTEST:
Diane Gladwell
APPROVED:
City Administrative Officer
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_ .� EXHIBIT A
_ • :
I
RESOLUTION NO. (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
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 thereal 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
ATTACHDIENT N0.
Resolution No. (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
surroundingjurisdictions; 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 describedabove 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 _
9-58
Resolution No. (1993 Series)
Page Three
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 seconded by
and on the following roll call vote:
Ayes: .
Noes•
Absent:
the foregoing resolution was adopted this day of
1993.
Mayor Peg Pinard
9-
Resolution No. (1993 Series)
Page Four
ATTEST:
Diane Gladwell
APPROVED:
City Administrative Officer
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