SR-505-004-01 (9)
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SEP 1 9 1989
GS:SES:DA - 8/29/89
Council Meeting: September 19, 1989
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Santa Monica, California
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TO:
Mayor and City Council
FROM:
City staff
SUBJECT:
Recommendation to Approve a Resolution Authorizing
the City Manager to Grant and Record an Easement
for the Pico-Kenter storm Drain Extension
Introduction
This report recommends that the city Council approve the
attached resolution which authorizes the city Manager to grant and
record an easement for the Pico-Kenter Storm Drain Extension.
Backqround
One of the elements of the pica Kenter storm Drain Task Force
Five Point Program to control pollution on the beach is the
construction of a low flow pipe extension which will provide for
the permanent discharge of the low flow at a point 600 feet beyond
the surfline, thereby eliminating the ponding problem that occurs
on the beach.
The Pico-Kenter storm Drain Extension will be a
permanent extension of the existing storm drain and will eliminate
the need for the temporary system which the City installs every
summer.
The low flow pipe extension was designed by the Los Angeles
County Department of Public Works. Construction costs for this
project will be shared equally by the City of Santa Monica, City
of Los Angeles, and County of Los Angeles.
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SfP 1 9 1969
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The County of Los Angeles Department of Public Works is
currently responsible for complete maintenance and operation of
the existing Pico Kenter storm Drain system.
The low flow
extension will become a part of that system and as such will be
owned and operated by the County.
The low flow pipe will lie
outside the current Pico-Kenter storm Drain right of way, granted
by the City as an easement to the County. Accordingly, the City
must grant a second easement to the County of Los Angeles
Department of Public Works for the purpose of constructing,
maintaining, operating, replacing, removing, and renewing all
storm drains, and other public facilities and appurtenant
structures across the beach and the submerged lands.
BUdqet/Financial Impact
The Engineer's estimate for the Pico-Kenter Low Flow Extension
Project is $450,000. Santa Monica's portion of the cost will be
one third of the project cost or approximately $150,000. Funds
in the amount of $150,000 have been budgeted for this project and
are available at Account Number 31-500-661-24589-8929-99127.
Recommendations
It is recommended that the city Council adopt the attached
resolution authorizing the City Manager to grant and record an
easement for the Pico-Kenter Storm Drain Extension.
Prepared by:
stan Scholl, Director of General Services
Desi Alvarez, city Engineer
Attachments:
Resolution
Grant of Easement
Drawing No. 4438
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RESOLUTION NO.
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO GRANT AND RECORD AN EASEMENT FOR UTILITY PURPOSES
FOR THE PICO-KENTER STORM DRAIN EXTENSION
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
RESOLVE AS FOLLOWS:
SECTION 1. In conjunction with capital improvements to
the existing Pico-Kenter Storm Drain, the city of Santa Monica
("city") is required to grant an easement to the County of Los
Angeles Department of Public Works (IICounty") in order to
accomodate public utility improvements and to prevent any hazards
related to the development.
SECTION 2.
The City of Santa Monica, in order to
maintain the existing agreement between the City and the County,
must grant an easement to the County over a portion of the beach
and submerged lands for the purpose of constructing, maintaining,
operating, replacing, removing, and renewing all storm drains and
other public facilities and appurtenant structures.
SECTION 3.
Said easement is more fully described in
Drawing No. 4438 on file in the Office of the City of Engineer of
the City of Santa Monica, and the following legal description:
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A strip of land of varying width, the centerline
of which is described as a line parallel to and
28.00 feet Northwesterly of the Southwesterly
prolongation of the centerline of Pico Boulevard,
as shown on the map of Tract No. 39977 in the City
of Santa Monica, County of Los Angeles, state of
california, recorded in Book 986 of Maps, Page 18,
on file in the Office of the county Recorder of
said County; beginning said prolongation at the
intersection of said prolongation with the
Southwesterly line of the Promenade, as shown in
said Tract; thence proceeding Southwesterly along
said prolongation a distance of 1,223.00 feet;
said strip of land being 24.00 feet in width in
the Northeasterly 620.00 foot portion and 40.00
feet in width thereafter.
SECTION 4.
The grant of said easement by the city is
hereby approved and the city Manager is authorized to grant such
easement and record the grant deed with the Los Angeles County
Recorder's 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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PIca KENTER STORM DRAIN EASEMENT
EXHIBIT A
A strip of land of varying width, the centerline
of which is described as a line parallel to and
28.00 feet Northwesterly of the Southwesterly
prolongation of the centerline of Pico Boulevard,
as shown on the map of Tract No. 39977 in the City
of Santa Monica, County of Los Angeles, State of
California, recorded in Book 986 of Maps, Page 18,
on file in the Office of the County Recorder of
said County; beginning said prolongation at the
intersection of said prolongation with the
Southwesterly line of the Promenade, as shown in
said Tract; thence proceeding Southwesterly along
said prolongation a distance of 1,223.00 feet;
said strip of land being 24.00 feet in width in
the Northeasterly 620.00 foot portion and 40.00
feet in width thereafter.
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RECORDING REQuESTED By
City of Santa Monica
j,NO W~E" RECOR:tEO t.lj,"l TO
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Nar-oe
St"'1
ACW.ss
c~y Stal, &
t CorI,
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City Clerk
1665 Main Street
Santa Monica, CA 90401
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SPACE ABOVE THIS LINE FOR RECORDER S USE
EASEMENT
GENERAL
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THIS AGREEMENT IS malle and enlereo mID Inls Clay of
19~ by and belween the City of San ta Mon, ca
wFlose aooress IS 168? Ma InS tree t
(heremafte' calleel Grantor'). ana
the County of Los Anqeles Department of Pub! IC Works
wllose adoress IS
(lIerelnafter calleel "Granlee )
WITNESSETH
WHEREAS the Granlor owns and has fee Simple hlle to thaI certam parcel or real property lOCated In tile City of
Santa MonIca
, County of
Los Anqeles
Stale of Ca 1 I fo rn i a legally dest:nbed as lollClWS
(Her, Ins,n "~gal a,scr~toDr ot In, ,...' prDpe'ly or Ina' pon'Dn me'eDllD lle luDI'" ID In, usemenl rogtr Dt .ar Dr ~nts Dts"ecl Cy 11'. Gra.''')
See Exhibit A.
AND WHEREAS tile Granlee Ileslres to use said rta: property tor IlIe purpose 01'
'{Inser. llere l1I1ur, Ina Iype oj u~'l "gnt ot way Dr "llnllles"tlI by 1'" Gran'..)
constructIng, maIntaining, operating, replacing, removing,
and renewIng all storm drains and other publiC facilities
and appurtenant structures
NOW, THEREFORE 11 IS hereby agreed between the parties herelo as tOlloWS
The Grantor does hlrlby liranl. ISSlg~ aM set IlVl:r \~ the Gr:nlcc.
'1lnsel1 liere IIIMe Intt type of .._Ill nghl-ot way or ngh! gr.nl<<l 10 GrI"", 011 tile INI JIriIpIrty 1Ir ...,. porIoDn 1tItrIot)
an easement for utility purposes.
Except as 10 Ihe righlS granled lIerem, Ihe Grantor shall conllllue to lIave Ihe lull use, occupancy and enJOYment ot said real
propeny Tile Grantee hereby agrees to hOld and save the Grantor harmless Irom any and all claims. liability and Ilamages
anslng Irom the use, possession and oct:upan cy ollhe raal propeny as herem granled anllhlreby turther agrees 10 pay for
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2= any and all damage or damages wlllcll may occur 10 Ille real property or rig hIs ollhe Grantnr or any olher person or propeny ~
~~~~ Ihrough Grantee s use occupatIOn and possession of lhe real property or lhe rlgnts her~rn granted ~~...~_
~ TO HAVE AND TO HOLD uld easemenl, nghl and nght-ol-way unlo the Grantee hiS successors or assigns lor a<l&1I:'~JOk ~
an IJnltml ted period
~ subJeclto lCIll)jIll~lIlualldllll105"'JfUtJllllOrlIx ~
no conditIons or restrictions
ThiS agreeme'lt shall lie bmd''1Q upon and inure to the beneM 01 the Parties herelO ane! their respeCllVe he"S
administrators uecutors successors aM assigns
IN WITNESS WHEREOF the par'lles herelo have executed thiS Agreemen1 on 11115
day a!
19811
John Jal Ii i. City Manager
CIty of Santa MonIca
Robert Myers, City Attorney
City of Santa Montca
STATE OF CALIFORNIA
COlJNTV OF Los Ange 1 es
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On th,s day 01
and lor sa'd Slate personally appeared JQh n J a 1 I II
In the )'tIa' 19~ betore me the underSigneD a Notary "ubr,~ In
persona'lV known to me (Or proved to me on the basiS 01 satisfactory tvlDMce Ito be lhe oe'so~_ whose nal"le_
10 the wllhm mSlrumenl and aCknOwleD\lIO 10 me Illal _he_ execuled I~
W;Tt,lESS my hand and Onlcla1 seal
su~scrr~eD
Notary PlIbl,c in and lor salCl State
STATE OF CALIFORNIA
coumv Of Los Angeles
0" Ih,s Oily 01
tl1lllor said State personally IlIl1UTet!
}ss
In tile ' ear llfl2.. _ hPJr. '!If 1h9 1I~'S.'ll,fll!! . 'let:l'Y P..l~I,C In
personally known 10 I!lIl (Or provet! 10 me on lhe llisis 01 SllISlaClQi)' tvldence) 10 be Ihe perSOL wtIOse IIJme_
10 lhe w'lhln InSlrumen! .nd 'cknowledged 10 me IlIal _he_ lXetuted it
WITNESS my llano .nd offiCial Mal
$ubscrr~d
Notary I'u~hc In and lor saiD Stile
If ..lClIItd by a C.,.,lllln till COrpenllo" Ftrm 01 Acknowltdallltlll .ust IIII11ll