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SR-506-004-03 (3) . e e b-H . , , . St:J6 -cOt:?Y-03 MAR 2 9 1988 GS:SES:DA - 03/11/88 ( 1) Council Meeting: March 29, 1988 Santa Monica, California TO: Mayor and city Council FROM: City staff SUBJECT: Recommendation to Approve a Resolution Authorizlng Acceptance and Recordation of an Easement Introduction This report recommends that the city Council approve the attached resolution authorizing acceptance and recordation of an easement on portions of Twenty-Second Court and Santa Monica Place North located between Arizona Avenue and Santa Monica Boulevard. Background st. John's Hospital and Health Center and Sisters of Charity of Leavenworth Health Services Corporation (SCLHSC), requested the City to vacate portions of Twenty-Second Court and Santa Monica Place North located between Arizona Avenue and Santa Monica Boulevard, said portions being fully described in the attached resolution and in Drawing No. 4414 on file in the Office of the city Engineer. This request for vacation was approved by Resolution No. 7498, adopted September 8, 1987, and Resolutlon No. 7583, adopted March 15, 1988, and these vacated areas have since been developed into a parking lot. A condition for approval of said vacations is that they be granted as an easement to the city in their entire width and length for the purpose of constructing, maintaining, operating, b-j-l - 1 - MAR 2 9 19&a --- GS:~ES:DA - 03/l1/tt (1) e Council Meeting: March 29, 1988 replacing, removing, and renewing all sanitary sewers, water mains, and other public facilities and appurtenant structures. Said easement may be removed by SCLHSC in the future by rerouting the sewer and water lines to the satisfaction of the city. BUdget/Financial Impact There is no budget/financial impact resulting from the recommended action. Recommendations It is recommended that the City Council adopt the attached resolution authorizing acceptance and recordation of an easement over portions of Twenty-Second Court and Santa Monica Place North located between Arizona Avenue and Santa Monica Boulevard. prepared by: stan Scholl, Director of General Services Desi Alvarez, City Engineer Attachments: Resolution Grant of Easement Drawing_ No. 4414 - 2 - . ~ e e BEFORE DISTRIBUTION CHECK CONTENT OF ALL FOR CITY C~ERK'S ACTION DISTRIBUTION OF RESOLUTION * ?s-9.2 ORDINANCE If - I CouneJ..l Meeting Date 5~9I;f! Introduced: Agenda Item It &; - r!- Adopted: ~ ~ AU'WlS PUBLISH AOOPI'ED ORDnwrF~* ;:;- Was 1 t amend ed ? !( 0 *Cross out Attorney's awroval N ..... . '"..-: 0\ VOTE: Affirmative: 7-c) ~ Negative: - ~ Abstain: ~ Absent: ~ -=; PROOF VOTE-~ WITH ANOTHER PERSON BEFORE AJ\TVTHING ~ DlSlKlnullVN: uKIGINAi."LO b-e signed, -sealed and 'flIed in "auI t. 1-0 o NEWSPAPER PUBLICATION (Date: ') (j,l > - Department orIgInatIng staff report ( * ) ~ *C~ ty Attorney dc:es not ....'ant cop~es of his o~s or resolut~ons. ~ Idanagement Serv,;.~s:e~ Lynne Baz;rette I,)rd~nance5 only *-- ~ Agency mentIoned In document or staff report c:: _ (cert i fled?) ;:.... ~ SubJect fIle (agenda packet) 1 ~ - ~ Counter file 1 ~ <: Others -: (Review for dep.::u:-Ulents who need to krx:w). ...., Cd .c: - ~ Airport Parking Auth. ~ Audltorum Personnel .,..) ~ ~ Building Dept. Planning 0'" ~ CULl.ilL1nity and EcOncmi.c !:leV. Police (en- ~ forcement?) u Finance ~ Purchasing · ~ Fl re Recr!Parks ~ General Serv. f ~ Transportation ~ Llbrary 6 ----- Treasurer ~ Manager -< t' SEND F()U~ COPIES OF ALL ORDINANCES TO: *Check 0XIe Sections befor.:: s-=ndi.r ~ CODFD SYSTEMS, Attn Peter Maclearie ~:'.O "1$1 in- ""tr""et ~ ~ Ain"t ~~w Jersey.0271?. co SEND FOUR COPIES OF .ALL ORDTNANrFS _to: ~ D~RZ~ ~yr~ck . v SANTA MONICA MUNICIPAL COURT t ,1725 MAIN STREET, Room 118 .3 c::: SA;'-ITA MONICA, CA 90401 TOTAL COPIES . - ...- ..- - ~~,~ ~ or ~_. r ~-..,_ --... . e e RESOLUTION NO. 7592(CCS) (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING ACCEPTANCE AND .. RECORDATION OF AN EASEMENT FOR UTILITY PURPOSES ALONG TWENTY-SECOND COURT AND SANTA MONICA PLACE NORTH LOCATED BETWEEN ARIZONA AVENUE AND SANTA MONICA BOULEVARD THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1- In conjunction with development of real property located in the City of Santa Monica (lfcityn) along portions of Twenty-Second Court and Santa Monica Place North (lithe subject property" ) more accurately described below, the city requires the property owner to grant an easement in favor of the City to accommodate public utility improvements and to assure access to the public utility improvements and to prevent any hazards related to the development. SECTION 2. The Sisters of Charity of Leavenworth Health Services Corporation (lfSCLHSC"), as the owner of the subject property, has executed a grant of easement to the City for utility purposes over portions of Twenty-Second Court and Santa Monica Place North as is fully described in Drawing No. 4414 on file in the Office of the City Engineer, and in the following legal description: A strip of land, twenty feet in width, the southwesterly boundary of which is the northeasterly boundary of Lots 8 through 18 of Tract No. 4618, in the City of Santa Monica, - 1 - e e County of Los Angeles, state of California, as . per map recorded in Book 49, Page 80 of Maps in the Official Records of the County Recorder of Said County, and a second strip of land .. twenty feet in width, the southeasterly boundary of which is the northwesterly boundary of Lots 5 through 7 of said Tract and the southwesterly prolongation of such line to the intersection with the southeasterly prolongation of the line described in the first strip of land. SECTION 3, SCLHS-C may remove this easement in the future by rerouting at its expense the public utility improvements to the satisfaction of the city. SECTION 4. The grant of such easement by the owner of the subject property is hereby approved and the City Manager is authorized to accept such easement and record the grant deed wlth the Los Angeles County Recorderls office. SECTION 5. 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: ~~~- ROBERT M. MYERS ~ - City Attorney - 2 - e e Adopted and approve , 1988. " ---- Mayor I hereby certify that Resolution No. 7592(CCS) was duly adopted by the City Council of the city of Santa Monica at a meeting thereof held on March 29, 1988 by the following - Council vote: Ayes: Councilmembers: Finkel, Jennings, A. Katz, H. Katz, Reed, Zane, Mayor Conn Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None e e Recording requested by: CITY OF SANTA MONICA When recorded ma~l to: CITY OF SANTA MONICA 1685 Main Street SaI1.ta Monica. Cal~fornla 90401 Att: Department of General Serv~ces Space above this llne for recorder's use Documentary Transfer Tax S ... GRANT OF EAS8MENT AND AGREEMENT .~ Th1S Agreement made this day of March, 1988, by and between SISTERS OF CHARITY OF LEAVENWORTH HEALTH SERVICES CORPORATION, a Kansas not-for-profit corporation (hereinafter "Grantor" ) and the CITY OF SANTA MONICA, CALIFORNIA, a munlclpal corporation (here1nafter "Grantee"), is made wlth reference to the following: WHEREAS, Grantor 1S the owner of certain real property located ~n the Clty of Santa Mon~ca , Callfornia, and more part1cular1y described in the attached Exhibit nAil (here~nafter "Serv~ent Tenement") WhlCh is hereby lncorporated by th~s reference; and WHEREAS, the Servient Tenement ~s subject to a ded~cated pub1~c rlght-of-way over that portlon of the SerVlent Tener:1ent which ~s comrr:only known as Twenty-Second Court between Ar~zona Avenue and Santa MODJ..ca Place and then along Santa Monlca Place- 1 ~ -- - ---- e e North between Twenty-Second Court and Twenty-Third street, in the City of Santa Monica (hereinafter "Right-of-Way"); and WHEREAS, the Right-of-Way is more particularly described in the attached Exhibit "B" wh~ch is hereby incorporated by th~s ref(!rence; and WHEREAS, ex~st~ng publ~c sewer and water l~nes are located beneath the surface of the entire length of the Right-af-Way; and WHEREAS, Grantee has abandoned the R~ght-of-Way wh~ch has resulted ln a reversion of title to that certaln real property to the immed18tely adJacent parcels of real property owned by Grantor; and WHEREAS, Grantee has abandoned the Right-of-Way subject to adequate assurance that it will be able to continue to maintain and operate all publ~c lines located within the Right-of-Way; and WHEREAS, Grantor desires to grant an easement to Grantee to malntain and operate all public lines: NOW THEREFORE, it 1S agreed as follows: 1- Grant of Easement. Grantor hereby grants to Grantee an easement as here~nafter descr~bed. 2. Nature of Easement. The easement granted herein ~s an easement in gross. 3. Uses of Easement. The easement granted here~n J..S a right to operate, access, repair, rebuild, replace, service and otherwise facilitate the malntenance of all public sewer lines, water lines, and other public facilites and appurtentant structures. 2 e e 4. Location of Easement. The easement granted herein is located as more speclfically described in the attached Exhibit "B" . 5. Reservatlon of Rights. The easement granted herein is sp~ifically subject to the Grantor's reservation of r1ghts to make such use of the abandoned Right-of-Way which lS not lncon- sistent with Grantee's uses of the easement as described in paragraph 3, above. 6. In the event that at any time Grantor should offer to relocate the public sewer and water lines located in the easement granted herein into other public rights-of-way, Grantee agrees to abandon this easement and to execute and deliver to Grantor a quitclalm deed thereto. 7. Entire Agreement. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representa- tions or modifications concerning this instrument shall be of no force and effect excepting a subsequent modificatlon in wrlting, signed by the party to be charged. 8. Attorney's Fees. In the event of any controversy, claim or dispute relatlng to thlS instrument or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees, and costs. 9. Binding Effect. This instrument shall bind and inure to the benefit of the respective heirs, personal representatives, and successors of the parties hereto. 3 - -- e e IN WITNESS WHEREOF, the parties hereto have executed this . instrument the day and year first above written. "GRANTOR" SISTERS OF CHARITY OF LEAVENWORTH .. HEALTH SERVICES CORPORATION, a Kansas not-for-profit corporation By: Sister Macrina Ryan President "GRANTEE" CITY OF SANTA MONICA, a municipal corporation By: John Jalili Clty Manager APPROVED AS TO FORM: By: Robert M. Myers City Attorney 4 e e EXHI BIT "A" .. Lots 1 through 29, Tract No. 4618, In the Clty of Santa Monlca, County of Los Angeles. State of Ca11forola, as per map recorded In Book 49. Page 80 of Maps In the Offlclal Records of the County Recorder of Sald County. 5 e e . EXHIBIT "B" Parcel 1 III A strlp of land, twenty feet 1n wldth, the southwesterly boundary of WhlCh 1S the northeasterly boundary of Lots 8 through 18 of Tract No. 4618. located in the C1ty of Santa Mon1ca, County of Los Angeles. State of Callfornia, as per map recorded In Book 49, Page 80 of Maps ln the Offlcial Records of the County Recorder of Sald County. Parcel 2 - A strlp of land twenty feet In wldth, the southeasterly boundary of WhlCh 1S the northwesterly boundary of Lots 5 through 7 of Tract No. 4618 1n the Clty of Santa Monca, County of Los Angeles, State of Californla, as per map recorded In Book 49. Page 80 of Maps 1n the Offlcla1 Records of the County Recorder of sald County, and the southwesterly prolongation of such line to the lntersectlon wlth the southeasterly prolongatlon of the llne descrlbed ln Parcel I, above. 6 . . - e f 1--1 r I I'TI I::;: ; 1m . 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