### l~' ,,RICHARDL. KNICKERBOCKER

CITY ATTORNEY 

### 2 CITY OF SANTA MONICA 1685 Main Street 

### 3 Santa Monica, California 90401 4 Telephone: (213) 393-9975 Ext. #213 

### 5 Attorney forDefendants 6 

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### 18 SANTA MONICA AIRPORT ) NO. 77 2852-IH ASSOCIATION, etc., ) ) DEFENDANT CITY OF SANTA MONICA's Plaintiff, ) RESPONSE TO FIRST SET OF INTERROGA ) TORIES MiD REQUEST FOR ADMISSIONS vs. ) FROM SANTA MONICA AIRPORT ) ASSOCIATION. CITY OF SAHTA MONICA, etc., ) et aI. ) ) VOLUHE NO. I Defendants. ) UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

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EXHIBIT 

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TO: PLAINTIFF, SAnTA MONICA AIRPORT ASSOCIATION AND TO 

### 19 ROBERT N. CLEAVES, ITSATTORNEY: 20 Pursuant to Federal Rule of Civil Procedure 33 and 36, 

### 21 defendant, City of Santa Monica, hereby responds under oath to 22 the following written interrogatories and requests for admissions. 

### 23 Pursuant toLocal Rule 6(b), each interrogatory and request for 

### 24 admission isquoted in full immediately preceding its answer 

### 25 thereto. 26 

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### 1 INTERROGATORY NO.1

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## I! Are you amunicipal corporation organized and existing under and

by virtue of the laws of California.

Yes, the City of Santa Monica is amunicipal corporation organized and existing under and byvirtue of the laws of the State of California.

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### 1 INTERROGATORY NO.2



### 2' Ifyour answer to the foregoing question was in the affirmative, 

### 3 answer the following questions: 4 

### 5 6 7 8 A. Set forth the date upon which you became amunicipal

corporation.



### 9 The City of Santa Monica became amunicipal corporation on or 10 about November 30, 1886; was chartered inapproximately 1907;



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### 28 and, became a charter city under the Constitution of the State

of California on or about August 10, 1948.

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# II II INTERROGATORY NO.2 B. Have you, since the foregoing date, continusly been a

municipal corporation todate.

The City of Santa Monica has, since approximaEely November 30, 1886, continuously been amunicipal corporation to the date of the answer to this interrogatory, although it has sobeen in the several forms referred to in the answer to Interrogatory No. 2A.

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# I INTERROGATORY NO.2 C. If, since the date you initially became amunicipal

corporation, you have ceased to exist as amunicipal corporation for any spanof time, set forth the dates between which you ceased to exist as amunicipal corporation and, with regard to each of'said spans of time, set forth the reason why youdid not operate as amunicipal corporation between saiddates.

Since approximately November 30, 1886, the City of Santa Monica has not ceased to exist as amunicipal corporation for any span of time, although as herein indicated previously, it has operated under forms ofmunicipal government as provided for, from time to time, by the Law of the State of California.

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# 11 INTERROGATORY NO.3 

# I 2:1 Are you the owner of the Santa Monica Municipal Airport. 

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### I The City of Santa Monica is, presently, in the opinion of the 

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### 7j City of Santa Monica, the owner qf the Santa Monica Municipal 

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.. INTERROGATORY NO.4 Ifyour answer to the foregoing question was in the affirmative,
answer the following questions: A. Set forth the date upon which you first became the owner

of said airport.

The City of Santa Monica first became the owner of property 10- cated in the vicinity ofwhat ispresently known as Santa Monica Municipal Airport at some time prior toApril 14, 1926, and,
so far as canbe ascertained from existing records, perhaps as early as 1907. However, Said property has been added to and deleted from since such initial date. Thus, although the City of Santa Monica first became the owner of property in the vicinit of what isnow known as Santa Monica Municipal Airport at such time, the current boundaries of Santa Monica Municipal Airport
were not fixed until sometime thereafter. The approximate sequence of events is as follows:

On or about April 14, 1926, thepeople of the City of Santa Monica adopted abonds proposition ,by election, for the acquisition, construction, and completion of amunicipal improvement which contained certain lands in the City of Santa Monica included inwhat is now Santa Monica Municipal Airport. Sometime thereafter, said lands were purchased. In 1935 a contract was entered between the City of Santa Monica and Douglas Aircraft Company wherein Douglas Aircraft Company deeded

.: approximately ten acres of land to the City of Santa Monica ;j I 

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Inexchange for ten acres of land from the City of Santa Monica, all in thevicinity of what isnow the Santa Monica Municipal Airport. Inapproximately June of 1940, approximately sixteen
acres of landwere purchased from Douglas Aircraft for use at the Santa Monica Municipal Airport. On or about August 19, 1940,



### - theCity of Santa Monica acquired additional land for the realigning of Centinela Avenue, said land being acquired from the City of Los Angeles, for use in fixing the boundaries of 

### 9 what isnow the Santa Monica Municipal Airport. On or about 

### 10 November 13, 1940, the City of Santa Monica acquired approx

### 11 imately seventeen and one-half acres of land in the area of 

### 12 the Santa Monica Municipal Airport. Further property was 13 acquired on or about January 2, 1941, February 6, 1941, 14 December 3, 1941, December 12, 1941, April 1, 1942, March 2, 1944 15 January 31, 1945 and October 17, 1945. These lands were all 16 utilized inconnection with what is now Santa Monica Municipal 17 Airport and such dates represent the approximate dates that the 18 City of Santa Monica first became the owner of such portions 19 of the Santa Monica Municipal Airport, and represent the 20 acquisitions which resulted in the ownership of approximately 21 225 acres of land in the City of Santa Monica which currently 22 forms the Santa Monica Municipal Airport. 23 

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., !1 rJq i1 Gv!! INTERROGATORY NO.4

B. Have you, continuously since the date you initially became\

the owner of Santa Monica Municipal Airport, continued to own same.

It is the opinion of the City of Santa Monica that since it initially became the owner of Santa Monica Municipal Airport, or its predecessor airfields, it has continued tobe the owner of
an airport, although certain properties located within the airport boundaries have been, from time to time, traded or sold invarious transactions from approximately 1926 through the present time•

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" I, nn '. G I :; INTERROGATORY NO.4

C. If there have been any periods of time since you initially

became the owner of Santa Monica Municipal Airport that yo did not own same, set forth the dates between which you did not own it and the name of the government or governmental entity that did own itbetween said dates.

It is the opinion of the City of Santa Monica that there have been noperiods of time since it initially became the owner of Santa Monica Municipal Airport, or its predecessor airfields, that it did not own the same, and it is the further opinion of the City of Santa Monica that there have been, in the history of the Santa Monica Municipal Airport, no other governmental entities that did own the Santa Monica Municipal Airport, considered as asingle entity and not as individual parcels. Apparently, from the records of the City, on or about March 2, 1944, the City of Santa Monica entered into an agreement with the United States of America whereby the United States of America
was reimbursed in the amount of $25,000 for acquiring fee title to_Lots 93 through 104 of Tract 8379, property included in the present Santa Monica Municipal Airport. Similarly, on or about January 31, 1945, the City of Santa Monica acquired thirty-nine and one-half acres of land from the United States of America through various arrangements, which property is now part of Santa Monica Municipal Airport andwas owned by the United States 

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## !i ofAmerica. However, it is again, the opinion of the City of ;~ jl .1 t. I· .'

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### 24 25 Santa Monica that these were individual parcels of land presently utilized inconnection with Santa Monica Municipal Airport, and that the airport itself was not, at said times, owned by the United States of America~ rather than the City of Santa Monica.

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### 1 INTERROGATORY NO.4 D. Was there any period of time after you initially became

the owner of Santa Monica Municipal Airport that you did not operate same. If so, set forth the dates between whic youdid not operate same, set forth the reason why you did not operate same between saiddates, and identify the person, government, governmental entity, or otherwise, tha did operate same between saiddates.

A review of the records of the City of Santa Monica does not expressly indicate whether the City of Santa Monica ever ceased to operate the Santa Monica Municipal Airport, in the sense that itwas maintained and staffed by the City of Santa Monica. There
was aperiod, according to the records of the City, between approximately December, 1941 and August, 1948 when the Airport
was utilized by the United States of America in connection with defense operations during World War II. It fu~ther appears from the records of the City that there may have been aperiod after 1946 when the United States of A~erica did not utilize the whole, or aportion of the Santa Monica Airport for such defense purposes, and itwas reopened for general public use.

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# Ii I! INTERROGATORY NO.4 E. Did you own Santa Monica Municipal Airport during World

War II. If not, identify the person, governmental entity
or otherwise that did own itduring that time span.

Taken as a single entity, the City of Santa Monica did own Santa Monica Municipal Airport during World War II. Certain parcels of property adjacent to the then existing Santa Monica Municipal Airport may have been acquired by the United States of America during World War II,and subsequently transferred to the City of Santa Monica.

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r,....ij' <Ge, INTERROGATORY NO.4

F. Did you operate Santa Monica Municipal Airport during

World War II. If not, identify the person, governmental entity, or otherwise, that did_operate the airport during that time.

Inresponse to this interrogatory, please see the answer to Interrogatory No. 4D. As therein indicated, it is unclear whether, during the period from December, 1941 through approximately August, 1946, the Santa Monica Airport was operated by the City of Santa Monica or by theUnited States of America. There were agreements between the City of Santa Monica and the United States of America during that period which provided for military use of the Santa Monica Municipal Airport, as opposed to general public use, but from a review of such agreements as have been recovered from the files of the City, ithas not been determined whether the City continued to "operate" the airport or the United States Government assumed
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### 23 INTERROGATORY NO.4 G. Ifyoudid not own Santa Monica Municipal Airport during

World War II, but received the ownership at some time thereafter, identify the documents under and by virtue of which you received ownership of the aiport after the conclusion of World War II.

As indicated in Interrogatory No. 4E, it is the opinion of the City of Santa Monica that the City of Santa Monica did own Santa Monica Municipal Airport during World War II.

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2'1 INTERROGATORY NO.4

H. Ifyou did not operate Santa Monica Municipal Airport

during World War II, but you received the right to operate it at some time thereafter, identify the documents under p

" and byvirtue of which you became entitled to operate same

at some time following World War'II.

Please see the responses to Interrogatories Nos. 40 and 4F, above. Inaddition, it canbe stated that on or about July 15, 1946, a "right of re-entry" was executed between the City of Santa Monica and the United States of America and on or about August 10, 1948, an instrument of transfer, transferring the leasehold interest of the United States of America to the City of Santa Monica was executed between the City of Santa Monica and theUnited States ofAmerica. These agreements transferred certain rights between theparties; whether such rights included the right to "operate" has not been determined.

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23lj INTERROGATORY NO.5

Was there ever a time prior to March 18, 1975, when fixed wing aircraft utilizing any turbo jet or turbo fan engine used Santa Monica Municipal Airport for the purpose of taking off or landing
or as abase of operation. Hereinafter such aircraft shall be referred to as "jet" aircraft.

Yes, prior toMarch 18, 1975, fixed wing aircrafts utilizing turbo jet or turbo fan engines did use Santa Monica Municipal Airport for thepurpose of taking off or landing, or as abase of operation.

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23H INTERROGATORY NO.6

If your answer to the foregoing question was inthe affirmative,
answer the following questions: A. Set forth the date upon which the first jet aircraft lande

at Santa Monica Municipal Airport.

The City of Santa Monica does not compile or maintain, as amatte of course, records of aircraft operations, by type of aircraft. It ispossible that the Federal Aviation Administration does compile ormaintain such records. To the best of the recollection of City employees, the first jet aircraft landed at Santa Monica Municipal Airport in the late 1950·s.

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