R-6818
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CA:RMM:s
C~ty Council Meeting 2-14-84 Santa Monica, California
RESOLUTION NUMBER 6818(CCS)
(City Counc1l Ser~es)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
APPROVING SETTLEMENT OF LITIGATION
WITH THE JONATHAN CLUB
WHEREAS, the State of Callforn~a, City of Santa Monica, and
Jonathan Club are involved ln lengthy and complex lltigation
(People of the State of California v. Jonathan Club, Los Angeles
Super~or Court, Case Numbers 3S486 and WEC 50506) concerning the
correct location of the boundary between the tidelands and
submerged lands owned ~n trust by the State and City and the
privately owned uplands belonging to the Jonathan Club; and
WHEREAS, the State, city, and Jonathan Club are willing to
resolve and settle this l~tigatlon by means of a three part
settlement agreement ConSlst1ng of a Boundary Line Agreement
f1xing forever the location between the upland owned by the
Jonathan Club and the tlde and submerged lands owned by the
publlC as that line described as the "1921 Mean High Tlde Llne
Retraced 1978," a Lease Agreement with Options covering certain
parcels located landward of the Boundary Line, and a Perm1t for
Improvements and Lease Optlon Agreement 1n which the State and
Clty lease to the Jonathan Club certain parcels seaward of the
Boundary Line; and
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WHEREAS, the settlement of the litigation ensures that
substantial beach area currently occupied by the Jonathan Club
w1II be avallable to public ln the future~ and
WHEREAS, the settlement of the litigation ensures a route
for an extens~on of the blke path~ and
WHEREAS, the outcome of the l~tlgation 1S ln doubt and an
adverse dec1s~on could foreclose use for the public of
substantial beach area in the future~ and
WHEREAS, the settlement is intended solely for the purpose
of resolving the boundary litigation and is not intended ~n any
way to 1ndicate approval of any policies or practices concerning
membersh1p in or admisslon to the Jonathan Club,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That certain document entitled "Santa Monlca
State Beach Boundary Llne Agreement and Conveyances" between the
State of California, the C~ty of Santa Monica, and the Jonathan
Club, attached hereto and incorporated by reference herein, is
hereby approved and shall be executed by the City Manager on
behalf of the City.
SECTION 2. That certa~n document ent~tled "Lease Agreement
with options" between the State of Cal1fornla, the City of Santa
Monica, and the Jonathan Club, attached hereto and incorporated
by reference herein, ~s hereby approved and shall be executed by
the City Manager on behalf of the Clty.
SECTION 3. That certain document entitled "Permit for
Improvements and Lease Option Agreement" between the State of
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Cal~fornia, the City of Santa Monica, and the Jonathan Club,
attached hereto and incorporated by reference herein, lS hereby
approved and shall be executed by the C~ty Manager on behalf of
the Clty.
SECTION 4. The C~ty Clerk shall certify to the adoption of
this Resolut~on, and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
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City Attorney
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ADOPTED AND APPROVED THIS
14th
DAY
OF
February
. 1 984 .
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MAYOR
NO.
I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION
6818(CCS)WAS DULY ADOPTED BY THE CITY COUNCIL OF THE
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CITY OF SANTA MONICA ~T A MEETING THEREOF HELD ON
February 14
, 1984 BY THE FOLLOWlNG COUNCIL VOTE:
AYES:
CQUNCILMEMBERS: Conn, Jennings, Reed, and Zane
NOES:
COUNCILMEMBERS: Press and Mayor Edwards
ABSENT:
COUNCILMEMBERS: Epsteln
ABSTAIN:
COUNCILMEMBERS: None
ATTEST:
a~ 7h~dAJL
CITY CLERK