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SR-506-005-05 EPWM:CIVIL:CP:AA:WB:s:\sp1740\cc1740a.doc Santa Monica, California Council Meeting: April 11, 2000 TO: Mayor and City Council FROM: City Staff SUBJECT: Recommendation to Adopt a Resolution Ordering the Vacation of Excess Right-of Way and Public Service Easements at Pico Place North Between Ocean Avenue and Appian Way Introduction This report recommends that the City Council adopt the attached resolution ordering the summary vacation of public right-of-way and public service utility easements located in a portion of Pico Place North between Ocean Avenue and Appian Way. Background The City Council has adopted several resolutions concerning the public right-of-way and public service utility easements in the alley called Pico Place North, including: 1. On October 26, 1976, City Council adopted Resolution No. 4806 (CCS), which vacated the easterly 144 feet of Pico Place North. 2. On March 15, 1988, City Council adopted Resolution No. 7584 (CCS), which vacated the westerly 122 feet of Pico Place North. This vacation resulted in the remaining portion of Pico Place North, between Ocean Avenue and Appian Way, being inaccessible. 1 3. On August 9, 1988, City Council adopted Resolution No. 7664 (CCS), which authorized the City to accept and record a 6-foot wide utility easement in a portion of Pico Place North. ET Whitehall Seascape, LLC. (?Whitehall?) is the owner of certain improved real property abutting the public right-of-way and service utility easements in Pico Place North on three sides. Whitehall?s representatives have requested that the City vacate the public right-of- way and service utility easements located in said remaining portion of Pico Place North pursuant to the California Street and Highway Code on summary vacation. The City granted "Whitehall" a Conditional Use Permit (CUP) in 1997 for a proposed parking lot. The summary vacation would convey ownership of the landlocked portion of alley to the owner of the surrounding parcels, which is "Whitehall". By vacating this piece of alley, the City is no longer legally liable for, or obligated to maintain it, and the property can be properly maintained and improved by the owner of all parcels comprising the parking lot. Discussion The proposed vacation of the public right-of-way and public service utility easements in the remaining portion of Pico Place North meets all conditions necessary to proceed under the summary vacation process set forth in California Streets and Highways Code, Part 3, "Public Street, Highways and Service Easements Vacation Law", Chapter 4, "Summary Vacation". The legislative body of a local agency may summarily vacate a street or highway if: (i) the street or highway has been impassable for vehicular travel for a period of five consecutive years and (ii) no public money was expended for maintenance on the street or highway 2 during such period (California Streets and Highways Code Section 8331). Both of these conditions have been met for the said portion of the Pico Place North proposed to be summarily vacated. This portion of the alley has not been used as an alley or for utility access in the past five years and staff does not anticipate any future need for this piece of land. Section 8333 (a) of the California Streets and Highways Code allows a legislative body of a local agency to summarily vacate a public service utility easement if the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. The public service utility easements proposed to be vacated meet this test. Budget/Financial Impact No financial impact to the City is anticipated as a result of the vacation of these public access and utility easements. Recommendation Staff recommends that the City Council adopt the attached Resolution ordering vacation of the public right-of-way and public service utility easements in a portion of Pico Place North. Attachments: 1. Resolution Ordering the Vacation of Excess Public Right-Of- Way and Public Service Utility easements 2. Exhibit A ? Legal Descriptions 3. Exhibit B ? Parcel Maps 4. Vicinity Map 3 Prepared by: Craig Perkins, Director of Environmental & Public Works Management Anthony Antich, P.E., City Engineer Linda Moxon, Deputy City Attorney William Buol, Civil Engineer 4