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R-10083 EPWM: \Share\STAFF REPORTS\FY 05-06\11_22\Easement.doc Council Meeting: November 22, 2005 Santa Monica, California RESOLUTION NO.1 0083 (CCS) (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE ACQUISITION OF STORM DRAIN EASEMENTS FROM THE STATE OF CALIFORNIA'S DEPARTMENT OF TRANSPORTATION LOCATED IN THE SITE OF THE NEW CIVIC CENTER PARKING STRUCTURE WITHIN THE CITY OF SANTA MONICA WHEREAS, the City of Santa Monica (lCCity") has received authorization from the State of California's Department of Transportation (lCCaltrans") to acquire storm drain easements located in the site of the new Civic Center Parking Structure, which is referenced and incorporated in Ref. Map: F 2061-2, Director's Deed DK B187-01-01 (Exhibit A); and WHEREAS, the City has determined that it is in the best interest of the City to acquire the storm drain easements for construction of a new parking structure for public use; and WHEREAS, the cost of acquiring the storm drain easements has been negotiated with Caltrans for the amount of $29,876 representative of the original fee paid to the City when they originally acquired the easement rights, 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The acquisition of the storm drain easements as referenced in Exhibit A and incorporated as authorized. SECTION 2. The City Manager IS authorized to execute a Certificate of Acceptance (Exhibit B) and Purchase Agreement (Exhibit C), and such other documents that may be required to acquire the said storm drain easements from Caltrans to the City. SECTION 3. 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: Attachments: Exhibit A - Ref. Map: F 2061-2, Director's Deed DK B187-01-01 Exhibit B - Certificate of Acceptance Exhibit C - Purchase & Sale Agreement 2 Adopted and approved this 22nd day of November, 2005. ~--- CWtL Pam O'Connor, Mayor I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10083 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 22nd day of November, 2005, by the following vote: Ayes: Council members: Mayor O'Connor, Mayor Pro Tem Katz, Bloom, Genser, Holbrook, McKeown Noes: Council members: None Abstain: Councilmembeffi: None Absent: Council members: Shriver ATTEST: ~ \ . \J.-l 3 1M PAGE e5/eS DiST COUNTY ROUlE POSTa,m 07 lA 10 35.1 RIGHT OF WAY SANDINI TRACT PARCEL NO. AREA C3356- 01 - 01 81 90- 02- en 81 <=30- 03- ell B1 912l-04- 1211 8187-01-f211 OK 8187-1211-1211 230 S,F. 2d~33 S.F. 2.773S.F. 1.924 S.F. 1.431 S.F, 8.3Ql S.F. PORe RANCHO SAN VICENTE Y SANTA MONICi PA T . 3 - 30/31 ~~\~ M.R. 55 - 56/57 ~ CD ~Z 11II11I1 STATE RETAINS ACCESS RIGHTS aTATE OF CALIFORNIA-DEPART.IT OF TlAIIPORTATIOI-DJlTRICT " PLAT ACCOIPAIYUlI DIRECTOR1S DEED DK 8181-01-01 REF. 1"8 F .1-1 ...\ddPlallemp3.dg'n oa6"7/2005 0' :26:49 PM CITY OF SANTA MONICA INTERSTATE SCALEs NONE DAWNa,JM CHoCD DA TEll 8 - 1 7 - 05 CERTIFICATE OF ACCEPTANCE The City of Santa Monica, a municipal corporation hereby notifies the State of California, Department of Transportation of its intent to acquire certain storm drain easements located in the City of Santa Monica, County of Los Angeles, referenced as DK B187-01--01, and includes the following parcel numbers: Parcel No. C3356-01-01 B187-01-01 B190-02-01 B 190-03-0 1 B 190-04-0 1 Easement Area 230 sq. ft. 1,431 sq. ft. 2,033 sq. ft. 2,773 sq. ft. 1,924 sq. ft. The storm drain easements to be acquired are included in the map attached as Exhibit A to City Council Resolution No. 10083 (CCS), adopted November 22,2005 and incorporated herein by reference. Date: -4..P IN M1 I ,2006 CITY OF SANTA MONICA APPROVED AS TO FORM: ATTEST: ~I ~ M~i~~T ~~.~ City Clerk STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION PURCHASE & SALE AGREEMENT FULL PAYMENT REAL PROPERTY -DK OB187-01-01 This Agreement dated , by and between hereinafter known as "BUYER" and STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, hereinafter known as "SELLER", the parties agree as follows: For the sum of TWENTY NINE THOUSAND EIGHT HUNDRED SEVENTY SIX DOLLARS ($ 29.876.00) , Buyer hereby agrees to purchase and Seller hereby agrees to convey disposal unit: DK OB187-01- 01, consisting of parcel: OB187-01-01 consisting of 1,431 sq ft, B190-02-01 consisting of2,033 sq ft, B190-03-01 consisting of 2,773 sq ft, B190-04-01 consisting of 1,924 sq ft and C3356-01-01 consisting of 230 sq ft, TOTAL easement area 8,391 square feet, commonly known as underground storm drain easements that are located on the south side of Fourth Street, east side of Olympic Drive, in the Civic Center area of the city of Santa Monica, county of Los Angeles, and legally described on Director's Deed No. DK OB187-01-01 . (herein referred to as the "property"). Subiect to the followine conditions: 1 Tendered with this agreement is a cashier's check in the amount of TWENTY NINE THOUSAND EIGHT HUNDRED SEVENTY SIX DOLLARS, ($ 29.876.00), as payment in full on said property. II All sales are made subject to the approval of California Transportation Commission. In the event that the California Transportation Commission fails to approve this sale, all monies heretofore paid by the Buyer will be refunded without interest. III The Seller is willing to process this sale at no charge to the Buyer, except for the items set forth in paragraph IV below. Buyer, at his option may open an escrow at his own expense. The Seller will pay no escrow fees. IV The Buyer agrees to pay any and all recording fees, documentary stamp Tax and monument fees chargeable by the County Recorder. At a later date, the Seller will request the fees forwarded, and buyer shall submit to the seller upon demand. V The Buyer expressly understands that the rights, titles and interests in the property to be conveyed shall not exceed that vested in the State of California and that the Seller will furnish no policy of title insurance. If a policy of title insurance is desired, the Seller will obtain one, upon request, at the Buyer's expense. DK OBI87-01-01 Page 2 of3 VI The property is being sold "as is" and is being conveyed subject to any special assessments, restrictions, reservations or easements of record and subject to any reservations contained in the Director's Deed. Buyer has read and understands information the Seller has relative to these matters. VII In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. The Buyer agrees that the title of the property being conveyed shall not pass until the Director's Deed has been recorded. The Buyer shall not take possession of the property until the Director's Deed is recorded. VIII Buyer shall defend, indemnify, and hold seller and seller's elected and appointed officers agents and employees free and harmless from and against any an all liabilities, damages, claims, costs and expenses (including without limitation, attorney's fees, legal expenses and consultant's fees, and investigation and remediation costs) arising in whole or in part from the existence of hazardous substance, or hazardous substance conditions. This indemnity is intended to address that liability for which seller may be responsible arising solely out of its mere ownership of said real property. This provision shall survive transfer of title of the said real property and any rescission of the said transfer. x "Hazardous Substance" shall mean any substance whose nature and lor quantity of existence, use, manufacture, disposal of effect, render it subject to federal, state or local regulation, investigation, remediation or removal as potentially injurious to public health or welfare, including the comprehensive Environmental Response Compensation and Liability Act or Resource Conservation and Recovery Acts as now in effect. "Hazardous Substance Condition" shall mean the existence on or under, said property of a hazardous substance that requires remediation and/or removal and/or to be otherwise mitigated pursuant to applicable law. DK OB187-01-01 Page 2 of3 The terms and conditions of the above agreement are hereby accepted, subject to the approval of the California Transportation Commission. Please indicate exactly how title should be vested: Buyer: Date: (Signature) (Print Name) Husband and Wife, as joint Tenants As Tenants in Common A Single Man A Single Woman A Married man/woman as his/her sole and separate property Other STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Annie Vega Associate Right of Way Agent Recommended for Approval APPROVED Geri Moore, Chief Regional Excess Land Sales Southern Right of Way Region Carol De V orkin, Manager Regional Real Property Services Southern Right of Way Region