SR-901-002
CA:RMM;SSS:bt ~
Clty Council Meetlng 3-23-82
Santa !lca, Callfornla iJ>- R
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MAR 2 3 1982
STAFF REPORT
TO: Mayor and City Counc~l
FROM: Clty Attorney
SUBJECT: Amendment to Resolutlon Authorizlng Congemnatlon
off Easement for Fourth Street Stairway,
On February 11, 19B1, the Clty Cauncll adopted Resolution
6206 declar1ng the publlC convenience and necesslty for con-
demnatlon of an easement necessary to construct a stalrway
between Ocean Avenue and Adelalde Drive. As a portlon of thlS
property 15 wlthln the Clty of Los Angeles, the Clty of Santa
Monlca empowered the Los Angeles Clty Attorney to undertake the
condemnation actlon on behalf of the Clty of Santa Monlca.
The Los Angeles City Attorney has advlsed this offlce
that, ln ltS oplnlon, it is necessary to amend the Reso1utlon
by exnlicltly stating the authorlty for the condernnatlon nro-
ceedlng In order to ensure that there are no posslble defects
In the Resolutlon. Accordingly; the attached Resolut~on ~s
sub~~tted for City Council approval, the only change from the
preV10US Resolution belng the lnsertlon of the addltional flnd-
lng stated In Sectlon 3E:
That sald property will be acqulred under
authorlty of Callfornia Government Code
Sectlon 37350.5
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MAR ~ .:; ;,;;
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RECOMMENDATION
It lS resoectfully recommended that the accornpanYlng
Resolutlon be adopted.
PREPARED BY: Robert M. Myers, City Attorney
Stephen Shane Stark, Assistant Clty Attorney
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DISTRIBUTION RESOLUTJON;f &<!fc;/
Councll }1eetI~'~ ?111J~..Kft jrr;,~
Agenda Item if
G.-;- R
Was It amended?
VOTE:
AffirmatIve:
Negative:
Abstain:
Absent:
fLit
,
A .Yf..-> >U-.vLL:p>
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ORIGINAL to be sIgned~ sealed and filed in Vault.
DISTRIBUTION:
~EWSPAPER PUBLICATION (Date:
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ORDIXA.'KE if
Introduced:
Adopted:
* l~.LWAYS Pl13LISH )DOPTED ORDINANCES
)
) ~
j
Department orIgInating staff report (
Airport Parking Auth.
Audlto:rum Personnel
BUIldIng Dept. Planning
Environ. Servo Police (en-
forcement?)
F~:n.ance
Purchasing .
FIre
Recr/Parks
General Servo
TransportatIon
LIbrary
Treasurer
Manager
City Attorney (those with their codes)
Agency mentioned in document or staff report
Subject file (agenda packet)
Counter file
Others-:
SEND FOU~ COPIES OF ALL ORDIXANCES TO:
CODED SYSTEMS, Attn PeteT~aciearie
PROFESSIONAL CENTER~ RQUTE 71
BRlELLE, NEW JERSEY 08730
SEND FOUR COPIES OF A L},_ ORl1 T\I~_\:r1== ~ -TO:
PRESIDING JUDGE
SA~TA ~O~ICA ~rn~ICIPAL COURT
1725 ~AI~ STREET
SANTA MONICA, CA 90401
(certified?)
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TOTAL COPIES
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· CA : R.~1: 5 S S : b t
Cl~Y Co'~~cll Mee~g 3-23-82
Santa M~ca, Cal~fornla
RESOLUTION NO. 6J64(CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA FINDING &~D
DETERMINING THE PUBLIC INTEREST, CON-
VENIENCE AND NECESSITY FOR ACQUIRING,
AND AUTHORIZING THE CONDEMNATION OF
AN EASEMENT TO CERTAI~ REAL PROPERTY
FOR A PUBLIC USE, TO WIT: A PUBLIC
WALKWAY.
THE CITY COUNCIL OF THE CITY OF S&~TA MONICA DOES RESOLVE
AS FOLLOWS:
SECTION 1. That the Clty Councll of the Clty of Santa
Monlca finds and determines that the public interest, con-
venience and necessity require the development of a public
walkway, to wit: A stalrway at Fourth Street between Ocean
Avenue and Adelaide Drlve in the City of Santa Monica.
SECTION 2. That the City Caunell af the Clty of Santa
Monlca finds and determlnes that ln order to construct sald
publlC way, the public lnterest, convenience and necesslty
require the acqulsltion by the City of Santa Monlca of an
easement In and to the real property in thlS sectlon hereln-
after described. That sald real property ~s s~tuated in the
Clty of Santa Monlca, County of Los Angeles, State of Cal~-
forn~a and lS more partlcularly described as follows:
That portlon of Lot E, Tract No. 7433, as
per map recorded in Book 96, Pages 74 to
76 inclusive, of Maps, 1n the offlce of
the County Recorder of Los Angeles County,
bounded and described as follows:
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Beglnnl~g at the most southerly corner
of sald lot, sald corner lying 1n the
northeasterly line of the strlp of land,
10 feet w~de, shown as Walk on the map
of said tract; thence northeasterly along
the southeasterly line of said lot a
d~stance of IS feet; thence northwesterly
at r2ght angles from sald southeasterly
line to the northwesterly lLne of said
lot; then southwesterly along sa1d
northwesterly llne to the southwesterly
line of said lot; thence southeasterly
along said southwesterly line to the
ooint of beginning.
The Clty Councll of the C1ty of Santa Monlca further
finds and determines that the acquLs~tion of all of the above
described real property 2S necessary for the development and
construct1on of said publ~c way.
SECTION 3. That the City Counc~l of the Clty of Santa
Monlca finds and determines:
A. That a pub12c walkway ~s a use author~zed by law.
B. That the pub12c ~nterest, convenience and necess1ty
require the acquisitlon of sa~d easement for a publ~c walkway.
c. That the acqu~s~tlon of the easement to sald real
9roperty lS necessary for the construct~on and development of
a public walkway.
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D. That said easernen~ to be used for sald public
walkway, ~s located ~n a manner which will be most compatlole
for the greatest public good and the least orivate lnJuryw
E. That the ?roperty will be acqulred under authority
of Callforn~a Government Code Beetlon 37350.5.
SECTION 4. That the Clty Attorney of t~e Clty of Los
Angeles ~s hereby authorlzed, empowered and dlrected to br~ng
an actlon or actions In ~~e name of the Cltv of Santa Monica
In the Superior Court of the State of Californla, for the
County of Los Angeles, for the condemnation of the easement
~n and to the real property described in Sectlon 2 of th~s
resolutlon, and to take all steps necessary for the condemna-
tlon of the easement to sa~d real property ~n the na~e of t~e
City of Santa Monlca, and to acqulre lrnmedlate possesslon of
all of sald progerty.
SECTION 5. The Clty Clerk shall certlfy to the adoot~on
of thlS resolutlon, and thenceforth and thereafter the same
shall be ln full force and effect.
APPROVED AS TO FOR..~:
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ROBERT M. MYERS
ci ty Attorney
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ADOPTED AND APPROVED THIS
23rd
DAY .
OF
!vlarch
~ 1982.
I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION
NO. 6464(CCSlwAS DULY ADOPTED gv THE CITY COUNCIL OF THE
CITY OF SANTA MONICA flT A ~EETING THEREOF HELD ON
:.Iarch 23
, 1982 BY THE FOLLOWING COUNCIL VOTE:
AYES:
COUNCILMEMBERS: Conn, Edwards, Press, Reed, :ane
and ~ayor Yannatta Goldway
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCIlMEMBERS: Jennlngs
ABSTAIN:
COUNCILMEMBERS: ~one
ATTEST:
J:
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i',OII ~ I 1 - 'IL1o,
'CITY CLERK 1, r1
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