SR-6-W
CA RLK:GKY:mc:
Councl1 Mtg. 02-13-7tt
santa4lfnlca, Callfornla
&'w
TO:
Mayor and Clty Councl1
FEB 1 3 1919
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FROr1:
Clty Attorney
SUBJECT: PUBLIC HEARING FOR ACQUISITION OF EASE..l\1ENT FOR FOURTH
STREE~ STAIRWAY REPLACE!~NT BETWEEN OCEAN AVENUE (IN
LOS ANGELES) AND ADELAIDE DRIVE (IN SANTA MONICA) .
Introductlon
ThlS report transIDlts for approval a recommendatlon for
Clty Council to set a publlC hearlng regardlng easement acqulsltlon
by Emlnent Domaln proceedlngs.
Background
On September 27, 1977, the Cl ty Counell of the Cl ty of
Santa Monlca approved the flnal draft of an agreement to be entered
lnto between the Clty of Santa Monlca and the Clty of Los Angeles
wlth respect to constructlon of a relnforced concrete stalrway as
a replacement for the aglng, tlnber stalrway at Fourth Street between
Ocean Avenue and Adelalde Drlve. ThlS contract calls for the Clty
of Santa Monlca to pay 20% of the total cost of the proJect, but not
to exceed the amount of $20,000. The contract draft was subsequently
approved by the City CaUDell of the Clty of Los Angeles and executed
by the Mayor of Los Angeles on behalf of the Clty of Los Angeles on
or about r~y 3, 1978.
Subsequently, all negotlatloDs to acqulre the easement from
the property molDers I Br. and Mrs. DeShazo, were unsuccess ful. As a
fLJ
fE-B 1 3 \979
CA RLK:GKY:mc
Councll Mtg. 02-13-~
sant~onlca, California
result, lt was recommended by the Los Angeles Clty Department of
PubllC Works, Bureau of Englneering, that the Clty Councll of the
Clty of Santa Monlca lnltlate proceedlngs to adopt a condemnatlon
ordlnance or resolution for the acqulsltlon of the ease~ent. It
was also stipulated that the Clty Attorney of the Clty of Los Angeles
would, lf authorlzed and requested by the Santa Monlca Clty Councll,
prosecute the eminent dornaln actlon ln the name of the City of
Santa Monlca. The foregolng recOMmendatlon by the Bureau of Englneer-
lng lS set out In a letter from Donald C. Tlllman, Clty Englneer,
WhlCh letter lS attached hereto.
Thus In order for the Clty Attorney of Los Angeles to pro-
secute the e~lnent domaln actlon, lt lS necessary for the Clty of
Santa Monlca, through ltS Clty Councll, first to hold a hearlng pur-
suant to Code of C1Vll Procedure Sectlon 1245.350 and second to
adopt a resolution flndlng and deter~lnlnq the publlC lnterest,
convenlence and necesslty for acqUlrlng and authorlzlng the condem-
natlon of the easement.
The legal descrlptlon of the easement to the acqulred lS
as follows:
"That portlon of Lot E, Tract No. 7433,
as per map recorded In Book 96, pages
74-76 incluslve, of Maps, In the offlce
of the County Recorder of Los Angeles
County, bounded and descrlbed as follows:
Beglnnlng at the most southerly corner of
sald lot, sald corner lYlng In the north-
easterly Ilne of the strlp of land, 10
feet wlde, shown as Walk on the map of
sald tract; thence northeasterly along
-2-
CA RLK:GKY:mc
Councll Mtg. 02-13-741t
Santa _nlca, California
the southeasterly Ilne of sald lot
a dlstance of 15 feet; thence north-
westerly at rlght angles from said
southeasterly line to the northwesterly
Ilne of sald lot; then southwesterly along
said northwesterly llne to the south-
westerly llne of sald lot; thence south-
easterly along sald southwesterly 11ne to
the pOlnt of beglnnlng."
Alternatlve Solutlons
(1) Schedule a publlC hearlng for March 13, 1979, 7:30 P.M.
and dlrect the City Clerk to notlfy by flrst class mall all persons
whose names and addresses appear on the last equallzed county
assessment roll (includlng the roll of state-assessed property).
Such notlce shall state the tlme, place, and subJect of the hearlng
and shall be malled at least 15 days prlor to the date of such hearing
pursuant to Callfornla Code of C1Vll Procedure Sectlon 1245.370.
(2) Refuse to schedule the hearlng.
Recommendatlon
It lS recommended that the above mentloned publlC hearing
be scheduled so that subsequent approprlate actlon can be taken.
Prepared By:
Rlchard L. Knlckerbocker, City Attorney
Gary K. Yano, Deputy Clty Attorney
-3-
CA RLK:GKY:mc
. Cauncll ~1tg.
e
02-13-79
Santa ~nica, Californ~a
&'w
FEB 1 3 1919
TO: 1ffiyor and C~ty Councll
FROM: C~ty Attorney
SUBJECT: PUBLIC HEARING FOR ACQUISITION OF EASL~ENT FOR FOURTH
STREET STAIRWAY REPLACEr1ENT BETI~EN OCEAN AVENUE (IN
LOS ANGELES) AND ADELAIDE DRIVE (IN SANTA MONICA).
Introduct~on
Th~s report transmits for approval a recommendation for
Clty Counc~l to set a publ~c hear~ng regard~ng easement acqu~sltlon
by Emlnent Domaln proceedings.
Background
On September 27, 1977, the C~tyCouncl1 of the City of
Santa Monica approved the flnal draft of an agreement to be entered
luto between t~e City of Santa Monica and the C~ty of Los Angeles
w~th respect to construct~on of a reinforced concrete stairway as
a replacement for the aging, t~nber stairway at Fourth Street between
Ocean Avenue and Adelalde Dr~ve. This contract calls for the Clty
of Santa Mon~ca to pay 20% of the total cost of the proJect, but not
to exceed the amount of $20,000. The contract draft was subsequently
approved by the C~ty Councll of the City of Los Angeles and executed
by the Hayor of Los Angeles on behalf of the City of Los Angeles on
or about ~~y 3, 1978.
Subsequently, all negotlatlons to acqulre the easement from
the property owners, 11r. and Mrs. DeShazo, were unsuccessful. As a
0W
FE B "1 3 '979
CA RLK:GKY:mc
Councll Mtg.
e
02-13-79
Santa4l!onica, Callfornia
result, lt was recommended by the Los Angeles City Department of
Public Works, Bureau of Englneerlng, that the City Counell of the
Clty of Santa Monlca lnltiate proceedlngs to adopt a condemnation
ordlnance or resolutlon for the acqulsltlon of the ease~ent. It
was also stlpulated that the City Attorney of the City of Los Angeles
would, lf author1zed and requested by the Santa Monica City Council,
prosecute the em1nent domaln actlon in the name of the Clty of
Santa ~onica. The foregolng recoMmendatlon by the Bureau of Engineer-
lng is set out in a letter from Donald C. Tlllman, City Engineer,
WhlCh letter 1S attached hereto.
Thus in order for the C1ty Attorney of Los Angeles to pro-
secute the ernlnent domain actlon, it 1S necessary for the Clty of
Santa Monlca, through ltS C1ty Council, first to hold a hearing pur-
suant to Code of C1Vll Procedure Sectlon 1245.350 and second to
adopt a resolutlon flndlng and deter~lning the public interest,
convenlence and necesslty for acqu1rlng and authorizing the condem-
nat10n of the easement.
The legal descrlptlon of the easement to the acqulred lS
as follows:
tlThat portlon of Lot E, Tract No. 7433,
as per map recorded In Book 96, pages
74-76 lncluslve, 0= Maps, in the offlce
of the County Recorder of Los Angeles
County, bounded and descrlbed as follows:
Beglnnlng at the most southerly corner of
said lot, sald corner lYlng In the north-
easterly llne of the strlp of land, 10
feet ~vlde, shown as ~~alk on the map of
said tract; thence northeasterly along
-2-
CA RLK: GKY:mc
Counc~l Mtg.
e
02-13-79
e. l"f
Santa Monlca, Ca 1 ornla
the southeasterly llne of sald lot
a dlstance of 15 feet; thence north-
westerly at rlgh~ angles from sald
southeasterly line to the northwesterly
line of sald lot; then southwesterly along
said northwesterly llne to the south-
westerly line of said lot; thence south-
easterly along sald southwesterly l~ne to
the pOlnt of beglnnlng."
Alternative Solutions
(1) Schedule a public hearing fo
----~ )
./
13, 1 , 7:30 P.M.
and d1rect the C~ty Clerk to not~fy by first class mall all persons
whose names and addresses appear on the last equalized county
assessment roll (lnclud~ng the roll of state-assessed property) .
Such notice shall state the time, place, and subJect of the hearing
and shall be rnal!ed at least 15 days prior to the date of such hear~ng
pursuant to Californla Code of Clvil Procedure Beetlon 1245.370.
(2) Refuse to schedule the hearing.
Recommendat1on
It is recommended that the above ment~oned publ1C hearing
be scheduled so that subsequent appropriate aet~on can be taken.
Prepared By:
Rlchard L. Knlckerbocker, City Attorney
Gary K. Yano, Deputy City Attorney
-3-
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CA RLK:GY:1cb 11-23-78
..
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. J
RESOLUTION NO.
'/~
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA FINDING
AND DETERMINING THE PUBLIC INTEREST,
CONVENIENCE AND NECESSITY FOR
ACQUIRING, AND AUTHORIZING THE
CONDE~rnATION OF AN EASEMENT TO
CERTAIN REAL PROPERTY FOR A PUBLIC
USE, TO WIT: A PUBLIC WALKWAY.
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
RESOLVE AS FOLLOWS:
SECTION 1. That the Clty Councll of the Clty of
Santa Mon~ca f~nds and determ~nes that the publlc lnterest,
conven~ence and necess~ty requlre the development of a
publlC walkway, to W1t: A stalrway at Fourth Street between
Ocean Avenue and Adela1de Dr1ve In the Clty of Santa Monlca.
SECTIO~ 2. That the Clty CounCll of the Clty of
Santa Monlca flnds and determlnes that 1n order to construct
sald publlc way, the publlC lnterest, convenlence and
necess1ty requ1re the acqu1slt1on by the C1ty of Santa Mon1ca
of an easement In and to the real property 1n th1S sect10n
herelnafter descrlbed. That sald real property lS sltuated
1n the C1ty of Santa Mon1ca, County of Los Angeles, State
of Callforn1a a~d 1S more partlcularly descr1bed as follows:
"That port1on of Lot E, Tract No. 7433,
as per map recorded In Book 96, Pages
74 to 76 lnclus1ve, of Maps, ln the offlce
of the County Recorder of Los Angeles
County, bounded and descrlbed as follows:
~
CA 11-22-78~
e
Beglnnlng at the most southerly corner
of sald lot, sald corner lYlng ln the
northeasterly Ilne of the strlp of land,
10 feet wlde, shown as Walk on the map
of sald tract; thence northeasterly
along the southeasterly llne of sald lot
a dlstance of 15 feet; thence northwesterly
at rlght angles from sald southeasterly
Ilne to the northwesterly llne of sald lot;
then southwesterly along sald northwesterly
11ne to the southwesterly Ilne of sald loti
thence southeasterly along sald southwesterly
Ilne to the pOlnt of beg~nnlng.
The Clty Councll of the Clty of Santa Monlca further
flncs and determlnes that the acquls1tlon of all of the
above descrlbed real property lS necessary for the development
and constructlon of sald publlC way.
SECTION 3. That the Clty Councll of the Clty of
Santa Monlca flnds and deterrnlnes:
A. That a publlC walkway lS a use authorlzed
by law.
B. That the publlC lnterest, convenlence and
necesslty requlre the acqulsltlon of sald easement for a
publlC walkway.
c. That the acqulsltlon of the easement to
sald real property lS necessary for the constructlon and
development of a publlC walkway.
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~
CA 11-22-78 ~
e
D. That sa~d easement to be used for sa~d publ~e
walkway, ~s located ~n a manner whleh w~11 be most compatible
for the greatest publ~c good and the least prlvate lnJury.
SECTION 4. That the Clty Attorney of the C~ty of
Los Angeles 1S hereby author~zed, empowered and d1rected
to brlng an act10n or actlons 1n the name of the Clty of
Santa Mon~ca ln the Superlor Court of the State of Callfornla,
for the County of Los Angeles, for the condemnatlon of the
easement In and to the real property deser~bed ln Sectlon 2
of thls resolut~on, and to take all steps necessary for the
condemnat~on of the easement to sald real property ln the
name of the Clty of Santa Monlca, and to aequ~re lmrnedlate
posseSSlon of all of sald property.
SECTION 5. The Clty Clerk shall cert~fy to the
adoptlon of thlS resolutlon, and thenceforth and thereafter
the same shall be ln full force and effect.
ADOPTED and APPROVED thlS
day of
1978.
~~YOR
ATTEST:
CITY CLERK
I hereby certlfy that the foregolng resolutlon was
duly adopted by the C~ty Counc~l of the Clty of Santa Monlca
at a regular meetlng thereof, held on the day of
-3-
!'-
CA 11-22-78 e
e
, 1978, by the fo11owlng vote of the
Counc1-l :
AYE S :
Councl1mernber:
NOES:
Councllrnernber:
ABSEl\i"'T :
Councl1rnember:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
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LC. OF Los ANG!J.
CA.LIFORNIA
BOARD 01" "U~"JC WORKS
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DI!PILRllJi~"'T OF
PUB' t..: \....ORKS
1:3~; tA.U or
ENG :Nf:::R IN::;
DONALD C TILLf'o AN
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ROOfol 600 CITY HALl..
LOS ANGE:LES 900t2
Ji.JJ-iN P~Ot"..O
S!:':P"!..l"A:=;'')
TOM BRADLEY
,.......YOR
't&S-307'
];iT. Douglas p1cAteer
Clty fng1.neer
City of Santa Monica
1655 Nain Street
Santa Monicd, CA 90404
JUL J 1 IS7a
DATE
Acquisltion for Easements
for ftFourth Street Stairl\+c:
be~ween Ocean Avenue and
Adelaide Drive Improvement'
Dear Mr. McAteer:
On or about May 1, 1978, the City of Los Angeles and the
Ci tr of S:lnta :'!onica enterec. into an agreclr.ent for the
replacement of an aging timber stairway at Fourth Street
between Ocean Avenue and Adelaide Drive with a reinforced
concrete stairway. The agreement contemplated that the
construction Ivould be done by the City of L05 Angeles,
subJect to reimbursement by the City of Santa Monica for
twenty percent of the cost but not in excess of $20,000.00.
It al S 0 contepip 1 a ted that the City of La 5 Ange les shall
ap~~,lise an3 acquire right of wa} necessary for the project
a!ld that 'the C1.:y of Santa ;.ionica \-iouLl accept any right of
I.-a: '!.__~c:h Yas aeem iree. by the Ci ty of Los Angeles and
lO~3ted with1.n t~e City ;f Santa Monica.
Personnel of the Bureau of Right of Way and Land, C~ty of
Los Angeles7 have been unable to acqUIre the parcel desl.g-
nated as Parcel No. 4K, as sho~~ on attached Right of Way
Map No. 31186. The City Attorney of the City of Los Angeles
advises that Los Angeles has no power to condemn property
for walbofay purpos es au tside of its City limits. I f the
power of eminent domain is to be utilized to acquire a
walkway easement withln Parcel 4K, it is necessary that an
eminent domain action be authorized by the City Council of
the City of Santa [\10ni,;:a.
"e therefore request that you initiate proceedings for the
City Council of the City of Santa Monica to adopt a condem-
nation ordlnance or resolution for the acquisitlon of a
public walk-va)' ease:rnent in Parcel No. 4K. The City of Los
Angeles will assist you ln every way that we can. I am
~/1(Nf f/11l1tf1 . 'fgS-II~3
rk-rf'l'.' JlfllIlJ "'OOR~tlS ALl. CO"MUNIC"'TI()~:; TO THE: CITY El'."I..EER
A~;:tE.~L~?O~~T~'VE ACTION EMPLOYER
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JUl 3 1 Bfd.
~Ir. Douglas HcAteer
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advised that the City Attorney of the City of Los Angeles
\vil1~ if authorized and requested by your ~ouncil, prosecute
the eminent domain action in the name of the City of Santa
Monica.
1\e appreciate your cooperation on this matter.
Sincerely~
~; I L! ~~~,.-
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DONALD c. TILL~UL~
City Engineer
DCT/AD:rtc
Ene.
cc: Councilman Marvin Braude
Mr. Burt Pines) City Attorney
Attention NT. Norman Roberts
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