HomeMy WebLinkAbout02/02/1988, 4A - EMILY STREET RIGHT OF WAY AND HOMELESS PROPOSAL Dan L Toni %—Vafton
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Los Osos, CA 93�02
MEETING AGEND
GATE FEB 2 '88 ITEM #
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FEB 2 - 1988
CITY CLERK
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MEMORANDUM T
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To: Honorable Mayor and Members of the City Council
From: Roger Picquet, City Attorney W
Subject: Emily Street Right-of-Way and the Homeless Proposal
At tonight's Council meeting, you will be considering a proposal by Mr.
Emmons Blake to accept railroad cars for use as a homeless shelter on
Emily Street. Adjoining property owners, by and through their legal
representative, have raised some legal questions which need a brief
discussion. -
Basically they allege that the City:
1. Might not own the fee for Emily Street; or
2. Even if the City has an easement for public rights-of-way, use as a
homeless shelter is contrary to basic legal restrictions applicable to
easements.
I requested Public Works to research our records in order to determine
some basic facts. A preliminary report indicates that the adjoining
property owners do in fact own the fee title to the portions of Haskin and
Emily Street to the center line. This is typical where the City has an
easement for public rights-of-way purposes.
The more interesting issue is can the easement be used as a site for a
homeless shelter. The general rule would hold that such a use is
inconsistent with the purposes for which the easement was created and that
it unreasonably interferes with adjoining property owners' rights. Of
course, the City has tremendous powers to act in times of emergencies
which would allow short term inconsistent uses. The longer the use, the
less likely that a reviewing court would find that the use was emergency
in nature.
Accordingly, I concur with John's recommendation that this matter be
continued for additional research given the issues that have been raised
thus far. I will be free to answer any questions at the meeting.
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