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.
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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
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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
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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
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