R-10340f:\atty\muni\laws\mox\HighPlaceVacationOrderReso.doc
City Council Meeting 09-09-08 Santa Monica, California
RESOLUTION NO. iosao (ccs)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ORDERING THE VACATION OF A PORTION OF EXCESS PUBLIC STREET RIGHT-
OF-WAY LOCATED ALONG HIGH PLACE IN THE CITY OF SANTA MONICA
WHEREAS, the City has determined that the portion of the excess public right-of-
way cul de sac described in Section 1 of this Resolution (the "Property") is no longer
needed for the purpose acquired and that said excess public right-of-way is not needed for
street or other public use; and
WHEREAS, Community Corporation of Santa Monica ("Developer") owns certain
real property in-the City of Santa Monica on which affordable housing improvements will
be constructed, such improvements consisting of a 45-unit condominium development and
a 47-unit apartment rental building, all of which housing units will be deed-restricted for
occupancy by low or moderate income households (the "Project"); and
WHEREAS, the Property runs through the middle of the Project site and must be
vacated in order for the Project to be constructed; and
WHEREAS, all currently existing public and private utility lines, improvements and
appurtenant structures ("Utilities") located. on, above or beneath the Property will be
relocated pursuant to an Agreement for Completion of Public Improvements Required
for Approval of Final Map between the City of Santa Monica ("City") and Community
Corporation of Santa Monica,("Developer"), .requiring Developer, at Developer's sole
expense, to remove existing Utilities and relocate them in accordance with specified City
requirements; and
WHEREAS, one of the conditions to approval of the Final Map for the Project is the.
vacation of High Place and the dedication of a new 22- foot wide public alley on the west
side of the Project; and
WHEREAS, vacation of the Property must be completed before approval of the
Final Map for the Project;
WHEREAS, on July 23,2008 the City Council of the City of Santa Monica directed
the City Clerk to set a public hearing regarding the proposed vacation of the excess public
right-of-way; and
WHEREAS, on August 19, August 26, and September 2, 2008, notice of the
proposed vacation was published in the Santa Monica DailyPress as required by California
Streets and Highways Code Section 8322; and
WHEREAS, oh August 21, 2008, notices of the proposed vacation were posted as
required by California Streets and Highways Code Section 8323; and
WHEREAS, the public hearing on this matter was held on September 9, 2008, and
following the hearing the City Council determined that the portion of the High Place cul de
sac described below is not necessary for present or prospective public use.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Santa Monica orders vacation of the
excess public right-of-way located along High Place as depicted in the drawing attached
hereto as Exhibit "A" and incorporated herein by reference.
SECTION 2. From and afterthe date this Resolution is recorded, the excess public
right-of-way shall no longer exist.
SECTION 3. This vacation is completed in accordance with the provisions of the
California Streets and Highways Code, Part 3, "Public Street, Highways and Service
Easements Vacation Law", Chapter 3, "General Vacation Procedure".
SECTION 4. Pursuant to California Streets and Highways Code Section 8324 the
vacation of the Property shall occur only after conditions required by the City Council, as
described below, have been satisfied: The City Council hereby directs the City Clerk that
this Resolution of vacation shall not be recorded until the conditions have been satisfied.
SECTION 5. The vacation of the Property is contingent upon (i) the City Council's
approval of the Final Map for the Project, including the dedication and acceptance of a 22-
foot wide public alley on the west side of the. Project and (ii) recordation of the Final Map.
2
SECTION 6. Pursuant to California Streets and Highways Code Section 8325,
upon satisfaction of the conditions relating to approval and recordation of the Final Map for
the Project, the City Clerk shall cause a certified copy of this Resolution, attested by the
Clerk under seal, to be recorded in the office of the County Recorderof the County of Los
Angeles. Upon such recordation, the vacation shall be complete.
SECTION 7. 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:
MAR HA J(~tV S MO RIE
City ttorn y
Adopted and approved this 16th day of Septr---`-- ^^^^
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Resolution No. 10340 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 16th day of September, 2008, by the following vote:
Ayes: Council members: Genser, Holbrook, McKeown, O'Connor, Shriver
Mayor Katz, Mayor Pro Tem Bloom
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: None
ATTEST:
Maria Stewart, City Jerk