R-8578
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CA:JL:LAM:mox232jhpw
City Council Meeting 4-27-93
Santa Monica, California
RESOLUTION NO. 8578(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 TWO STREET RIGHT-OF-WAY PARCELS LOCATED
ALONG OLYMPIC BOULEVARD IN THE CITY OF SANTA MONICA
WHEREAS, The state of California relinquished the real
property described in section 1 ("Property") of this Resolution
to the City of Santa Monica on March 16, 1966, for use as a city
street; and
WHEREAS, the City has determined that certain access rights
(IIAccess Rights") across the Property are no 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
Charles H. Hornburg, Jr. Imported Motor Cars, a Call.forn1a
corporation which is the lessee of real property adjacent to the
Access Rights, at a minimum price of SEVENTY THOUSAND DOLLARS
($70/000.00)/ which sum is the existing fair market value of the
Access Rights; 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
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affirmative votes, determlnes that to advertise for blds 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 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 across each parcel of the Property,
and offering of such Access Rights across the Property to
recreation and housing agencies are hereby waived because only
the owners or lessees of property adj acent 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 brlng a purchase price higher than the fair market
value of SEVENTY THOUSAND DOLLARS ($70,000.00), and would not be
in the best interest of the Clty.
SECTION 2. The City Manager is hereby authorized to offer
for sale, the Access Rights across the Property at the minimum
sale price of SEVENTY THOUSAND DOLLARS ($70,000.00) to Charles H.
Hornburg, Jr. Imported Motor Cars, a California corporation, and
the lessee of real property adjacent to the Property. The
Property is described as follows:
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PARCEL 1:
THOSE PORTIONS OF RANCHO SAN VICENTE Y SANTA
MONICA IN THE CITY OF SANTA MONICA, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA AS SHOWN ON
MAP RECORDED IN BOOK 3 PAGES 30 ET SEQ. OF
PATENTS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, BEING THOSE PORTIONS OF OLYMPIC
BOULEVARD, AS DESCRIBED IN PARCEL 1, IN THE
FINAL ORDER OF CONDEMNATION ENTERED IN THE LOS
ANGELES COUNTY SUPERIOR COURT CASE NO. 496651,
A CERTIFIED COPY OF WHICH WAS RECORDED JULY 27,
1945, AS INSTRUMENT NO. 1283 IN BOOK 22205 PAGE
147 OF OFFICIAL RECORDS OF SAID COUNTY,
INCLUDED WITHIN A STRIP OF LAND 19.00 FEET
WIDE, THE SOUTHERLY LINE OF SAID 19.00 FOOT
WIDE STRIP OF LAND, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE
NORTHEASTERLY LINE OF THE CITY OF SANTA MONICA
AS EXISTED ON JANUARY 2, 1925, WITH THE
SOUTHEASTERLY LINE OF SAID OLYMPIC BOULEVARD;
THENCE WESTERLY ALONG SAID SOUTHEASTERLY LINE,
A DISTANCE OF 240.42 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING WESTERLY ALONG
SAID SOUTHEASTERLY LINE, A DISTANCE OF 52.60
FEET.
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THE SIDELINES OF SAID 19.00 FOOT STRIP OF LAND
TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE
EASTERLY IN A LINE THAT BEARS AT RIGHT ANGLES
TO SAID SOUTHEASTERLY LINE AND PASSES THROUGH
THE WESTERLY TERMINUS OF THAT RECITED CERTAIN
DISTANCE HEREINABOVE RECITED AS HAVING A LENGTH
OF "240.42 FEET" AND SO AS TO TERMINATE
WESTERLY IN A LINE THAT BEARS AT RIGHT ANGLES
TO SAID SOUTHEASTERLY LINE AND PASSES THROUGH
THE WESTERLY TERMINUS OF THAT CERTAIN DISTANCE
HEREINABOVE RECITED AS HAVING A LENGTH OF
"52.60 FEET"
PARCEL 2:
THOSE PORTIONS OF RANCHO SAN VICENTE Y SANTA
MONICA, IN THE CITY OF SANTA MONICA, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA AS SHOWN ON
MAP RECORDED IN BOOK 3 PAGES 30 ET SEQ. OF
PATENTS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY BEING THOSE PORTIONS OF OLYMPIC
BOULEVARD, AS DESCRIBED IN PARCEL 1 IN THE
FINAL ORDER OF CONDEMNATION ENTERED IN THE LOS
ANGELES COUNTY SUPERIOR COURT CASE NO. 496651,
A CERTIFIED COPY OF WHICH WAS RECORDED JULY 27,
1945, AS INSTRUMENT NO. 1283, IN BOOK 22205
PAGE 147 OF OFFICIAL RECORDS OF SAID COUNTY,
INCLUDED WITHIN A STRIP OF LAND 19.00 FEET
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WIDE, THE SOUTHERLY LINE OF SAID 19.00 FOOT
WIDE STRIP OF LAND DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE
NORTHEASTERLY LINE OF THE CITY OF SANTA MONICA
AS EXISTED ON JANUARY 2, 1925, WITH THE
SOUTHEASTERLY LINE OF SAID OLYMPIC BOULEVARD;
THENCE WESTERLY ALONG SAID SOUTHEASTERLY LINE A
DISTANCE OF 401.49 FEET TO THE TRUE POINT OF
BEGINNING, THENCE CONTINUING WESTERLY ALONG
SAID SOUTHEASTERLY LINE, A DISTANCE OF 48.20
FEET.
THE SIDELINES OF SAID 19.00 FOOT STRIP OF LAND
TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE
EASTERLY IN A LINE THAT BEARS AT RIGHT ANGLES
TO SAID SOUTHEASTERLY LINE AND PASSES THROUGH
THE WESTERLY TERMINUS OF THAT CERTAIN DISTANCE
HEREINABOVE RECITED AS HAVING A LENGTH OF
"401. 49 FEET" AND SO AS TO TERMINATE \V'ESTERLY
IN A LINE THAT BEARS AT RIGHT ANGLES TO SAID
SOUTHEASTERLY LINE AND PASSES THROUGH THE
WESTERLY TERMINUS OF THAT CERTAIN DISTANCE
HEREINAFTER RECEIVED AS HAVING A LENGTH OF
"48.20 FEET".
The Property is depicted on the map attached hereto as
Exhibl.t "A" and incorporated herein by reference.
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SECTION 3. The Cl.ty Manager is instructed to execute all
instruments necessary and do all other thl.ngs necessary to
effectuate the sale of the Access Rights across the Property.
SECTION 4.
The city Clerk shall certify the adoption of
this Resolution and, thenceforth and thereafter the same shall be
in full force and effect.
APPROVES AS TO FORM:
~~
JOSEPH LAWRENCE
Acting city Attorney
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BLOCK 199
TOWN OF' SANTA MONICA
M.R. 39-45-51
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CITY OF SANTA MONICA
GENERAL SERVICES DEPARlMENT i
ENGINEERING DIVISION
~TD. OI."IIR: 9OW.VARD1
N9R CEHJIEA 'IIE..SIlD BY lIE i
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Adopted and approved this 27th day of Apr11, 1993.
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I hereby cert1fy that the forego1ng Resolut1on No_ 8578(CCS)
~as duly adopted by the Clty Counc11 of the Clty of Santa Monlca
at a meetlng thereof held on Apr1l 27, 1993 by the follow1ng
CounC1l vote
Ayes Councllmembers: Abdo, Genser, Greenberg,
Holbrook, Olsen, Rosenstein,
Vazquez
Noes. Councllmembers: None
Absta1n: Councllmembers None
Absent: Counc11members None
ATTEST
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Ass.! S.;tty C1.e::k