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:
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3
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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