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<br />( <br /> <br />REQUEST FOR <br />COUNCIL ACTION <br /> <br />~ <br />~ <br /> <br />CITY COUNCIL MEETING DATE: <br /> <br />CLERK OF COUNCIL USE ONLY: <br /> <br />AUGUST 15, 2005 <br /> <br />TITLE: <br />PUBLIC HEARING-CONDEMNATION OF <br />SPIEGEL PROPERTY LOCATED AT 124 <br />SOUTH BRISTOL STREET (PROJECT <br />1819) <br /> <br />APPROVED <br /> <br />o As Recommended <br />o As Amended <br />o Ordinance on 1 st Reading <br />o Ordinance on 2nd Reading <br />o Implementing Resolution <br />o Set Public Hearing For <br /> <br />I \j~ tv. ~fJ- <br /> <br />CITY MANAGE <br /> <br />CONTINUED TO <br /> <br />FILE NUMBER <br /> <br />,///.- <br /> <br />J RECOMMENDED ACTION <br /> <br />Adopt a resolution authorizing the condemnation of the real property <br />located at 124 South Bristol Street declaring the public necessity and <br />interest therefore. <br /> <br />DISCUSSION <br /> <br />As part of Bristol Street widening project from Pine to Third Streets, it <br />is necessary to acquire the Spiegel Family Limited Partnership II <br />(Spiegel) property located at 124 S. Bristol Street (Exhibit 1). <br /> <br />On June 20, 2005, City Council authorized the City Manager and the Clerk <br />of the Council to execute an agreement with Spiegel to purchase the <br />subject property for $1,010,000. Further search of the title revealed a <br />non-recorded lease with a third party which prevents the closing of <br />escrow. <br /> <br />To meet the project schedule, it is necessary to commence eminent domain <br />proceedings. Staff is requesting adoption of this resolution of necessity <br />and initiation of condemnation proceedings. <br /> <br />ENVIRONMENTAL IMPACT <br /> <br />In accordance with the California Environmental Quality Act, the proposed <br />proj ect has been determined to be adequately evaluated in previously <br />prepared Environmental Impact Report/Environmental Impact Assessment EIR <br />No. 89-01 approved by City Council in 1990. <br /> <br />758-1 <br />