R-9604
f:\atty\muni\laws\mox\26thSt. Vac. OrderReso. wpd
City Council Meeting 12-19-00
Santa Monica, California
RESOLUTION NO. ~ (CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA ORDERING THE
VACATION OF EXCESS PUBLIC RIGHT-OF-WAY
LOCATED ALONG 26th STREET IN THE CITY OF SANTA MONICA
WHEREAS, the City has determined that the real property described in Section 1
of this Resolution (the "Property") is no longer needed for the purpose acquired and that
said excess public right of way is not needed for street of any other public use; and
WHEREAS, since utility lines and appurtenant structures are located on, above or
beneath the Property, the City Council of the City of Santa Monica will reserve easements
in favor of public and private utility companies and their respective agents, employees and
representatives for purposes of construction, operation, maintenance, repair, removal and
replacement of all sewer, water, storm drain, street lights, traffic signals, electrical, gas,
telephone, cable TV and other utility facilities and improvements; and
WHEREAS, in connection with the Cloverfield Boulevard Widening Project the City
filed condemnation proceedings to acquire real property necessaryforthe Project including
property located on the east side of C/overfield Boulevard; and
WHEREAS, 1723 Cloverfield Partners is the owner of certain real property which
abuts Cloverfield Boulevard and 26th Street in the City of Santa Monica; and
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WHEREAS, a portion of 1723 Cloverfield Partners' property on the east side of
Cloverfield Boulevard (the "Condemned Parcel") was one of the parcel which the City
needed to acquire for the Project; and
WHEREAS, the City and 1723 Cloverfield Partners entered into a Stipulation for
Entry of Judgment in the condemnation proceedings which set forth various terms and
conditions for settlement agreed upon by the parties; and
WHEREAS, one of the conditions to settlement is that the City will convey the
Property to 1723 Cloverfield Partners to restore parking spaces lost as a result of the City's
acquisition of the Condemned Parcel; and
WHEREAS, on November 28,2000, the City Council adopted Resolution Number
9598 (CCS) setting the matter for public hearing and declaring its intent to vacate the
Property in order to complete the transfer to Owner; and
WHEREAS, on December 4,2000, notices of the proposed vacation were posted
as required by California Streets and Highways Code Section 8323; and
WHEREAS, a public hearing on this matter was held on December 19, 2000; and
WHEREAS, vacation of the Property must be completed before the transfer of the
Property can be concluded,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION The City Council of the City of Santa Monica orders vacation of a
portion of the excess public right-of-way located along 26th Street as depicted in the
drawing in Exhibit "A", and further described in the legal description set forth in Exhibit
"B"both of which exhibits are attached hereto and incorporated herein by reference.
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SECTION 2. In vacating the Property the City Council of the City of Santa Monica
reserves and excepts from the vacation, easements in favor of the City and public and
private utility companies, and their respective agents, employees, and representatives, for
purposes of construction, operation, maintenance, repair, removal and replacement of all
sewer, water, storm drain, street lights, traffic signals, electrical, gas, telephone, cable TV
and other utility facilities and improvements.
SECTION 3. From and after the date this Resolution is recorded, Property shall no
longer constitute a City of Santa Monica public right-of-way.
SECTION 4 This vacation is completed in accordance with the provisions of the
California Streets and Highways Code, Part 3, "Public Street, Highways and Service
Easements Vacation Law", Chapter 3, "General Vacation Procedure".
SECTION 5. Pursuant to California Streets and Highways Code Section 8325, the
City Clerk shall cause a certified copy of this Resolution, attested by the Clerk under seal,
to be recorded in the office of the County Recorder of the County of Los Angeles Upon
such recordation, the vacation shall be complete.
SECTION 6. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM
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Adopted and approved this 19th of December, 2000.
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby
certify that the foregoing Resolution No. 9604 (CCS) was duly adopted at a
meeting of the Santa Monica City Council held on the 19th of December, 2000,
by the following vote:
Ayes: Council members:
Holbrook, O'Connor, McKeown, Genser,
Katz, Mayor Pro Tem Bloom, Mayor
Feinstein
Noes: Council members:
None
Abstain: Council members:
None
Absent: Council members:
None
ATTEST:
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Maria M. Stewa