R-4874
CA ];7_;1 ^ '1LK: DTO: jak 5- -77
RESOLUTION NO.
4874(CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AUTHORIZING
THE CONDEMNATION AND ACQUISITION OF
CERTAIN REAL PROPERTY FOR A PUBLIC
USE, TO WIT: A FREEWAY OFF-RAMP, AND
APPURTENANCES THERETO, AT FIFTH STREET
IN THE CITY OF SANTA MONICA; FINDING
AND DECLARING THAT THE PUBLIC INTEREST
AND NECESSITY REQUIRE THE PROPOSED FIFTH
STREET FREEWAY OFF-RAMP AND APPURTENANCES
THERETO, SAID RAMP AND APPURTENANCES
THERETO ARE PLANNED OR LOCATED IN THE
MANNER THAT W~LL BE MOST COMPATIBLE
WITH THE GREATEST PUBLIC GOOD AND THE
LEAST PRIVATE INJURY, THE REAL PROPERTY
DESCRIBED IN THIS RESOLUTION HEREINAFTER
IS NECESSARY FOR SAID RAMP AND APPURTENANCES
THERETO; AND DECLARING THE INTENTION OF
THE CITY OF SANTA MONICA TO ACQUIRE SAID
REAL PROPERTY UNDER EMINENT DOMAIN
PROCEEDINGS, AND DIRECTING THE CITY
ATTORNEY OF THE CITY OF SANTA MONICA TO
CO~NCE AN ACTION IN THE SUPERIOR COURT
OF THE STATE OF CALIFORNIA, FOR THE COUNTY
OF LOS ANGELES, FOR THE PURPOSE OF
ACQUIRING SAID REAL PROPERTY.
THE CITY COUNCIL OF THE CITY OF SANTA MONIA DOES
RESOLVE AS FOLLOWS:
SECTION 1.
The public use for which the herein-
after described real property is to be taken is for the construction,
operation, and maintenance of a freeway off-ramp, and appurtenances
thereto, at Fifth Street in the City of Santa Monica.
SECTION 2.
Pursuant to the Eminent Domain Law,
Section 1230.010 et ~eq. of the California Code of Civil Procedure,
the City of Santa Monica is a public entity authorized to acquire
the hereinbelow described real property by eminent domain.
SECTION 3.
The real properties to be condemned in
fee title are hereafter described in separate parcels designated
as Parcel No. 69979-1 (Hager) , Parcel No. 70015 (S.M.G.), and
Parcel No. 70034 (Southern Pacific), and are more fully described
as follows:
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Parcel No. 69979-1 (Hager)
All that real property in the City of Santa Monica,
County of Los Angeles, State of California, described as:
"That portion of the Northeasterly half of
Fifth Street (60 feet wide) as shown on map of
the Central Addition to Santa Monica as per map
recorded in Book 3, page 176 of Miscellaneous
Records, in the office of the County Recorder of
said county, vacated by Resolution No. 3438 of the
City of Santa Monica, a certified copy of which was
recorded May 16, 1966, as Instrument No. 3629, in
Book D-3306, page 170 of Official Records, in said
recorder's office described as follows:
Beginning at a point in the Northeasterly line
of Lot 29 of said Central Addition to Santa Monica
distant thereon N 440 10' 05" W, 47.96 feet from the
most Easterly corner of said lot; thence S 560 30'
00" W, 178.76 feet to the beginning of a curve,
concave Northwesterly and having a radius of 1228.00
feet; thence Southwesterly along said curve through an
angle of 60 55' 07", a distance of 148.28 feet to a
point in the Northeasterly line of said Fifth Street,
said point being the TRUE POINT OF BEGINNING; thence
continuning along said curve through an angle of 10
28' 39", a distance of 31.67 feet to the center line
of said street; thence along that center line N 440
10' II" W, 78.02 feet to the Southeasterly line of
the former Pacific Electric Right-of-Way, 100 feet
wide; thence along said Southeasterly line, N 290
58' 35" E, 15.69 feet; thence S 420 07' 35" E, 48.24
feet to the beginning of a curve concave Northeasterly
and having a radius of 80.00 feet; thence along said
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curve through an angle of 200 45' 37", a distance
of 28.99 feet to the beginning of a compound curve
concave Northerly and having a radius of 27.00 feet;
thence along said curve through an angle of 420 20'
27", a distance of 19.95 feet to the Northerly line
of said street; thence along said Northeasterly
line S 440 10' II" E, 0.57 feet to the TRUE POINT
OF BEGINNING.
Parcel 70015 IS.M.G.)
All that real property in the City of Santa Monica,
County of Los Angeles, State of California, described as:
"That portion of Lots 17 and 18 of Tract
No. 974, as shown on map recorded in Book 16,
page 192 of Maps, in the office of the County
Recorder of said county, lying Northeasterly of
the following described line:
Beginning at a point on the Northwesterly
line of said Lot 17 distant thereon S 450 50'
26" W, 6.00 feet from the North corner of said
lot; thence S 270 27' 31" W, 83.52 feet to the
North corner of Lot 19 of said tract."
Parce1700J4 (Southern Pacific)
All that real property in the City of Santa Monica,
County of Los Angeles, State of California, described as:
"That portion of the Southwesterly half of
Fifth Street 160 feet wide) as shown on map of the
Central Addition to Santa Monica, in the City of
Santa Monica, County of Los Angeles, State of
California, as per map recorded in Book 3, page
176 of Miscellaneous Records, in the office of the
County Recorder of said county, a portion of said
Fifth Street is now vacated by Resolution No.
3438 of the City of Santa Monica, certified copy of
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which was recorded May 16, 1966, as Instrument No.
3629, in Book D-3306, page 170 of Official
Records, in said recorder's office lying North-
westerly of the following described line:
Beginning at a point in the Northeasterly
line of Lot 29 of said Central Addition to Santa
Monica, said point being distant thereon N 440
10' 05" W, 47.96 feet from the most Easterly
corner of said Lot 29; thence S 560 30' 00" ~v,
178.76 feet to the beginning of a tangent curve
concave Northwesterly having a radius of 1228 feet;
thence Southwesterly along said curve to the
Southwesterly line of said Fifth Street."
SECTION 4. The real property to be condemned for
a temporary construction easement, to expire not later than
December 31, 1978, is hereafter designated Parcel No. 69979-2
(Hager), and more fully described as follows:
Parcel No. 69979-2 (Hager)
TEMPORARY CONSTRUCTION EASEMENT in, on, over, and
across that certain real property in the City of Santa Monica,
County of Los Angeles, State of California, described as:
"That portion of the Northeasterly half of
Fifth Street (60 feet wide) as shown on map of
the Central Addition to Santa Monica, as per map
recorded in Book 3, page 176 of Miscellaneous
Records, in the office of the County Recorder of
said county, vacated by Resolution No. 3438 of the
City of Santa Monica, a certified copy of which was
recorded May 16, 1966, as Instrument No. 3629, in
Book D-3306, page 170 of Official Records, in said
recorder's office included within a strip of land,
6.00 feet wide, the Southerly and Southwesterly
line of which is described as follows:
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Beginning at a point in the Northeasterly
line of Lot 29 of said Central Addition to
Santa Monica distant thereon N 440 10' OS" W,
47.96 feet from the most Easterly corner of
said lot; thence S 560 30' 00" W, 178.76 feet
to the beginning of a curve, concave North-
westerly and having a radius of 1228.00 feet;
thence Southwesterly along said curve through
an angle of 60 55' 07", a distance of 148.28
feet to a point in the Northeasterly line of
said Fifth Street; thence N 440 la' 11" W, 0.57
feet to a point in a non-tangent curve, concave
Northerly and having a radius of 27.00 feet,
said point being the TRUE POINT OF BEGINNING;
thence along said curve from a tangent which
bears S 740 46' 21" W,through an angle of
420 20' 27", a distance of 19.95 feet to the
beginning of a compound curve, concave North-
easterly and having a radius of 80.00 feet;
thence along said curve, through an angle of
200 45' 37", a distance of 28.99 feet; thence
N 420 07' 35" W, 48.24 feet to the Southeasterly
line of the former Pacific Electric Right-of-Way,
100 feet wide.
Said above-described TEMPORARY CONSTRUCTION
EASEMENT shall expire not later than December 31, 1978.
SECTION 5.
The City Council of the City of Santa
Monica finds and determines:
A. That the construction, operation, and
maintenance of a freeway off-ramp, and appurtenances thereto,
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at Fifth Street is a use authorized by law;
B. That the public interests and necessity
require that said freeway off-ramp, and appurtenances thereto,
be constructed, operated, and maintained;
C. That said freeway off-ramp, and appurtenances
thereto, are planned or located in the manner that will be most
compatible with the greatest public good and the least private
injury; and
D. That the real properties described herein-
above are necessary for the construction, operation, and
maintenance of said freeway off-ramp, and appurtenances thereto.
SECTION 6.
The City Attorney of the City of
Santa Monica is hereby authorized, empowered, and directed to
commence an action in the Superior Court of the State of
California, for the County of Los Angeles, and in the name and
on behalf of the City of Santa Monica, against all owners and
claimants of the above-described real properties, for the
purpose of condemning and acquiring said real properties for the
use of said City, and, furthermore, to take any and all steps
necessary for the acquisition of said real properties in the
name of the City of Santa Monica, and to acquire immediate
possession of the same.
SECTION 7.
The City Clerk shall certify to the
adoption of this resolution, and thenceforth and thereafter
the same shall be in full force and effect.
ADOPTED and APPROVED this
24th
day of
May
1977.
J~"'j ~,~.,j-=-
MAYOR
ATTEST:
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I hereby certify that the foregoing resolution was
duly adopted by the City Council of the City of Santa Monica
at a regular meeting thereof, held on the __,.?4th_ day of
May , 1977, by the following vote of the Council:
AYES:
NOES:
ABSENT:
"....-~.,
COUNCILMEMBER: Bambrick, Cohen, Reed,
Scott, Trives, van den
Steenhoven, Swink
COUNCIIMEMBER: None
COUNCILMEMBER: None
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