R-9702
EPWM:CP:AA:DP:WB S:\SP1831\CC1831.doc
City Council Meeting: September 25, 2001 Santa Monica, California
RESOLUTION NUMBER 9702 (CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
WAIVING ADVERTISEMENT REQUIREMENTS AND AUTHORIZING THE SALE OF
ACCESS RIGHTS ACROSS A PORTION OF PUBLIC RIGHT-OF-WAY LOCATED ON
OLYMPIC BOULEVARD IN THE CITY OF SANTA MONICA
WHEREAS, the State of California relinquished the real property described in
Section 3 ("Property") of this Resolution to the City of Santa Monica on March 16, 1966
for use as a City street; and
WHEREAS, the City of Santa Monica ("City") has determined that the Property is
no longer needed exclusively for the purposes acquired; and
WHEREAS, the City desires to transfer certain access rights ("Access Rights")
across the Property to the Wien Properties, LLC, a California limited liability company
("Owner"), who owns real property adjacent to the Property in exchange for the Owner's
transfer of an equal area of real property located northwest of the intersection of
Olympic Boulevard and Centinela Avenue in the City of Santa Monica for street
purposes (the "Street Dedication") and Owner's agreement to construct certain street
and curb improvements (the "Improvements") required by the City; and
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WHEREAS, pursuant to Santa Monica Municipal Code Section 2.24.110, real
property 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, since the Access Rights across the Property are less than 5,000
square feet in area, it is exempt from the Government Code Section 54222 requirement
that written offers to sell or lease the Property be sent to State and local recreation and
housing agencies; and
WHEREAS, due to zoning limitations, no viable development alternatives for use
of the Access Rights across the Property exist other than in combination with the real
property adjacent to 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 sale of
Access Rights across the Property described in Section 3 of this Resolution are hereby
waived because only the owners of lessees of real property adjacent to the Property
have the ability to utilize such parcel for development and to advertise would cause
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unnecessary expense and delay, would be unlikely to bring a greater benefit to the City,
and would not be in the best interest of the City.
SECTION 2. Subject to compliance with all applicable provisions of State and
local laws, the City Manager is hereby authorized to sell the Access Rights across the
Property in exchange for: (i) Owner's transfer to the City of an equivalent area of real
property located at the northwest corner of Olympic Boulevard and Centinela Avenue in
the City of Santa Monica for street purposes; and (ii) Owner's satisfactory construction
of the Improvements required by the City.
SECTION 3. The property over which the Access Rights will be transferred is
located on the north side of Olympic Boulevard just west of Centinela Avenue in the City
of Santa Monica, and is more particularly described in Exhibit "A" and depicted on the
map designated as Exhibit "B," both of which are attached hereto and incorporated
herein by reference.
SECTION 4. The Street Dedication to be transferred by the Owner to the City is
described in Exhibit "C" and depicted on the map designated as Exhibit "0", both of
which are attached hereto and incorporated herein by reference.
SECTION 5. The City Manager is authorized to execute all instruments and do
all things necessary to effectuate the transfer of the Access Rights to the Owner and the
acceptance from the Owner of the grant of Street Dedication described herein.
6
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:
./
MARSHA Jorl~s MOUTR E
City Attorney"
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EXHIBIT "A"
THOSE PORTIONS OF LOT 5 BLOCK 199, TOWN OF SANTA MONICA IN THE CITY
OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AS
SHOWN ON MAP RECORDED IN BOOK 39 PAGES 45 ET SEQ. OF
MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, WITHIN THE FOLLOWING DESCRIBED BOUNDARIES:
BEGINNING AT A POINT IN THE NORTHERLY LINE OF OLYMPIC BOULEVARD AS
DESCRIBED IN THE DEED RECORDED IN BOOK 13615 PAGES 285 OF OFFICIAL
RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
DISTANT THEREON, SOUTH 75055' 30" WEST 181.00 FEET FROM THE
NORTHEASTERLY LINE OF SAID LOT 5 TO THE BEGINNING OF A NONTANGENT
CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 9.50 FEET, A
RADIAL OF SAID CURVE TO SAID POINT BEARS SOUTH 75055' 30" WEST;
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTAL ANGLE
OF 90000' 00" A DISTANCE OF 14.92 FEET; THENCE SOUTH 140 4' 30" EAST 0.50
FEET; THENCE SOUTH 75055' 30" WEST, 40.00 FEET; THENCE NORTH 1404' 30"
WEST 0.50 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE TO
THE NORTHWEST HAVING A RADIUS OF 9.50 FEET, A RADIAL OF SAID CURVE
TO SAID POINT BEARS NORTH 140 4' 30" WEST; THENCE NORTHEASTERLY
ALONG SAID CURVE THROUGH A CENTALANGLE OF 90000' 00" A DISTANCE OF
14.92 FEET; THENCE ALONG SAID NORTHERLY LINE, NORTH 75055' 30" EAST
21.00 FEET MORE OF LESS TO THE POINT OF BEGINNING, CONTAINING 258
SQUARE FEET MORE OR LESS.
8
AREA OF ACCESS RIGHTS
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L = 14.92'
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PORTION LOT 5, BLOCK 199 OJ' ;~Q )(19~ ,~1tu~
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M,R. BK. 39, PAGES 45 ET o~ ,'\\' """ VICINITY MAP
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LEGEND:
_ AREA OF ACCESS RIGHTS
CITY OF SANTA MONICA
ENVIRONMENTAL AND PUBLIC WORKS MANAGEMENT
ENGINEERING DIVISION
EXHIBIT "B"
STREET ACCESS RIGHTS
IN OLYMPIC BLVD WEST OF CENTINELA AVE
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SCALE : l' 100'
DA TE BY REVISION
9
.4658
EXHIBIT "c"
THOSE PORTIONS OF LOT 5 BLOCK 199, TOWN OF SANTA MONICA IN THE CITY
OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AS
SHOWN ON MAP RECORDED IN BOOK 39 PAGES 45 ET SEQ. OF
MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, WITHIN THE FOLLOWING DESCRIBED BOUNDARIES:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF OLYMPIC
BOULEVARD AS DESCRIBED IN THE DEED RECORDED IN BOOK 13615 PAGES
285 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY AND THE NORTHEASTERLY LINE OF SAID LOT 5: THENCE SOUTH
75055' 30" WEST 18.00 FEET ALONG SAID NORTHERLY LINE; THENCE NORTH
11047'07" WEST 28.74 FEET MORE OF LESS TO A POINT IN THE SAID
NORTHEASTERLY LINE DISTANT NORTHWESTERLY 33.30 FEET FROM THE SAID
NOTHERL Y LINE, THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY
LINE SOUTH 440 28' 35" EAST, 33.30 FEET MORE OR LESS, TO THE POINT OF
BEGINNING, CONTAINING 258 SQUARE FEET, MORE OR LESS.
10
STREET DEDICATIO.N
EXHIBIT 'D'
PDB
DETAIL "All
BLK, 199
TD'w'N OF
SANT A MONICA
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TD'w'N OF SANTA MONICA 'J.- ~"O~ ~ "if.--
M,R, BK, 39, PAGES 45 ET (~Q..,'" '9~ <'~
SEQ, ~ 2<Q~\9. '~V('
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LEGEND:
~ AREA TO BE DEDICATED
SCALE I I' - lOa'
CITY OF SANTA MONICA
ENVIRONMENTAL AND PUBLIC WORKS MANAGEMENT
ENGINEERING DIVISION
EXHIBIT "0"
STREET DEDICATION
AT-~TINELA AVE & OLYMPIC BLVD
I
DATE BY REVISION
APP'D
REFERENCE :
.4658
11
Adopted and approved this 25th of September, 2001.
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby
certify that the foregoing Resolution No. 9702 (CCS) was duly adopted at a
meeting of the Santa Monica City Council held on the 25th of September 2001,
by the following vote:
Ayes: Council members:
Holbrook, O'Connor, McKeown, Genser,
Katz, Mayor Pro T em Bloom, Mayor
Feinstein
Noes: Council members:
None
Abstain: Council members:
None
Absent: Council members:
None
ATTEST:
--
~~- k..-4
Maria Stewart, City CI~rk