SR-506-004-03 (3)
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. 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,
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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
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BEFORE DISTRIBUTION CHECK CONTENT OF ALL FOR CITY C~ERK'S ACTION
DISTRIBUTION OF RESOLUTION * ?s-9.2 ORDINANCE If
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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
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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: ')
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- 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
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~ Counter file 1
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<:
Others -: (Review for dep.::u:-Ulents who need to krx:w).
....,
Cd
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~ Airport Parking Auth.
~ Audltorum Personnel
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~ Building Dept. Planning
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~ CULl.ilL1nity and EcOncmi.c !:leV. Police (en-
~ forcement?)
u Finance
~ Purchasing ·
~ Fl re
Recr!Parks
~ General Serv. f
~ Transportation
~ Llbrary
6 ----- Treasurer
~ Manager
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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 .
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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,
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County of Los Angeles, state of California, as
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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:
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ROBERT M. MYERS ~ -
City Attorney
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Adopted and approve , 1988.
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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
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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
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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-
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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.
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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.
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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
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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.
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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.
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