R-9978
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City Council Meeting 9-14-04
Santa Monica, California
RESOLUTION NUMBER
9978 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA WAIVING ADVERTISEMENT REQUIREMENTS
AND AUTHORIZING THE TRANSFER OF ACCESS RIGHTS ACROSS TWO STREET
RIGHT-OF-WAY PARCELS LOCATED ALONG OLYMPIC BOULEVARD IN THE CITY
OF SANTA MONICA
WHEREAS, on March 16, 1966, the State of California relinquished to the City of
Santa Monica all of the State of California's right, title, and interest in and to the portion
of Olympic Boulevard between Tenth Street and Centinela Avenue in the City of Santa
Monica for use as a City street; and
WHEREAS, the access rights conveyed to the City by the State can be
transferred or disposed of as the City deems appropriate; and
WHEREAS, the City has determined that certain access rights of ingress to and
egress from certain portions of Olympic Boulevard are not longer needed for the
purposes acquired and that the Access Rights are not needed for any public purpose;
and
WHEREAS, the City desires to offer the Access Rights to Lantana North Hines
Development, LLC, a limited liability corporation, through purchase or lease for the fair
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market value of the Access Rights to be determined by an appraiser mutually agreeable
to the City and Lantana South Hines Development; and
WHEREAS, pursuant to Municipal Code Section 2.24.110, real property or
interests therein may be sold without advertising for bids if the City Council, by
resolution adopted by at least five affirmative votes, determines that to advertise for bids
would be to no avail and would cause unnecessary expense and delay or would not be
in the best interest of the City; and
WHEREAS, due to zoning limitations, no viable development alternatives for the
use of the Access Rights across the Property exist other than in combination with the
real property adjacent to each of the parcels of the Property;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. Requirements pertaining to public advertising for bids on the
Access Rights depicted in Exhibit A to this Resolution incorporated herein by reference
and offering of such Access Rights to recreation and housing agencies are hereby
waived because only the owners or lessees of property adjacent to each particular
parcel have the ability to utilize such parcel for development and to advertise would
cause unnecessary expense and delay, would be unlikely to bring a purchase price
higher than the fair market value of the Access Rights, and would not be in the best
interest of the City.
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SECTION 2. The City Manager is hereby authorized to transfer the Access
Rights across the Property depicted in Exhibit A to this Resolution incorporated herein
by reference at the fair market value of the Access Rights to be determined by an
appraiser to be mutually agreeable to the City and Lantana North.
SECTION 3. The City Manager is instructed to execute all instruments
necessary and do all other things necessary to effectuate the transfer of Access Rights
across the Property.
SECTION 4. 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 14th day of September, 2004.
Ri~m, Mayor
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify
that the foregoing Resolution No. 9978 (CCS) was duly adopted at a meeting of
the Santa Monica City Council held on the 14th day of September, 2004, by the
following vote:
Ayes:
Council members: Mayor Bloom, Mayor Pro Tern McKeown,
Feinstein, Genser, Holbrook, Katz, O'Connor
Noes:
Council members: None
Abstain:
Council members: None
Absent:
Council members: None
ATTEST:
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Maria M. Stewa ,City Clerk
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