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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: -1- CA RLK ~~~:jak 5-10-77 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 -2- CA RLK ,):jak 5-10-77 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 -3- CA RLK ~O:jak 5-10-77 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: -4- CA KLK"l'l'U:Ja.!< ':>-1.U-'/'/ 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, -5- CA RLK' ~O:jak 5-10-77 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: " '". :/~.f; \ 1 I v cz....e ~ ." < l ;~<-.c:L.z~ Crt; c.' RK' ..' -6- CA RLK ~O:jak 5-10-77 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 ~""'~'" '-..";~/~"l-c;2... ., --~-)--( /: .." .: <I _...~._." -- .. --"--f::>L- { / ,/ CITY CLERK ,~. ./ 7 -7-