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SR-901-003 (2) , ... . ~CJI-pt)3 . b-E APR 1 1 1989 CA:RMM:rnoxdOOl/hpc City Council Meeting 4-11-89 Santa Monica, California STAFF REPORT TO: Mayor and City Council FROM: City staff SUBJECT: Recommendation to Repeal Prior Resolutions and to Approve Resolution Waiving Bidding Requirements and Authorizing the Sale of Ocean Park Boulevard Parcels and Resolution of Intent to Vacate Such Parcels INTRODUCTION This staff Report recommends that the city Council adopt a resolution waiving advertisement requirements and authorizing the sale of three surplus City owned properties located along Ocean Park Boulevard, between Second Street and Highland Avenue, which include: a portion of Lots 1, Block 3, Hill Crest Tract; a portion of Lot 21 of Block tlB," Vawter's Fourth street Tract; and a portion of Lot 18 in Block "Au of Vawter's Fourth street Tract, upon the minimum purchase prices set forth herein. Such resolution would repeal Resolution Number 7762 (CCS) adopted February 14, 1989, due to errors in the legal descriptions of the parcels described. This staff Report also recommends adoption of a resolution of intent to vacate the surplus parcels to be sold, and sets a public hearing on such vacation. Such resolution of intent to vacate would repeal Resolution Number 7763 (CCS), adopted on - 1 - ~-E APR 1 1 1989 e e February 14, 1989, due to errors in the legal descriptions set forth therein. BACKGROUND On February 14, 1989, the city council adopted Resolution Number 7762 (CCS), authorizing the waiver of bidding requirements and the sale of three City-owned surplus parcels along Ocean Park Boulevard. At the same meeting, the City Council adopted Resolution Number 7763 (CCS) , declaring its intent to order vacation of the three surplus parcels authorized for sale pursuant to Resolution Number 7762 (CCS). A public hearing was scheduled for March 14, 189, on the vacation of such parcels. However, prior to such public discovered that the legal description hearing, City of the three staff parcels contained errors. Accordingly, we have had the city Engineering Department provide corrected legal descriptions and have brought this matter back for necessary City council action. The attached resolutions contain correct legal descriptions and repeal Resolution Numbers 7762 (CCS) and 7763 (CCS). The minimum sales price for each parcel is as follows: Parcel Square Feet Sales Price 1 2,345 $65,670 2 3,564 $100,092 3 2,633 $73,724 - 2 - e e BUDGET/fI~ANCI~L IMPACT The sale of the three parcels would result in a minimum revenue increase of $239,436.00 (based upon a minimum sales price of $28 per square foot), to be deposited in Account No. 43-907-180-000-000, Sale of Fixed Assets. Higher bids received for any or all of the three parcels would result in a revenue increase higher than the minimum amount stated herein. RECOMMENDATION It is respectfully recommended that the City council take the following action: 1. Adopt the attached resolution repealing Resolution Number 7762 (CCS), waiving advertisement requirements, and authorizing the sale of each of the three surplus City-owned parcels shown on the map attached to such resolution. 2. Adopt the attached resolution repealing Resolution Number 7763 (CCS), declaring an intent to vacate the three parcels described therein, and setting a public hearing on such proposed vacation for April 25, 1989. PREPARED BY: Peggy Curran, Director of CED Joan Akins, Assistant to the Director of CEO Linda A. Moxon, Deputy City Attorney - 3 - I I I 3~vERL y 6 7 8 11 111.84'1 ~ ~ 10 107.64" ci ~ ~ 43' 40' 40' 9 105.53' FOUR7H t;oUR,T. 145' i 45' 145' I 51' II ~ff~-AREA 10 BE ~ VACA7[D , J 7 6 5 SIXTH 8 7 FI FTH 5 b ~ ..., ~ HOTF: REFER TO RESOl./JJ7ON No. , I Ca.s. FOR I.E~ DESCR/P71ONS, RECOMMENDED FOR AOOP~ON . . ."1989 STREET SUPERINTENDENT ACCE~TED FOR FILING FOR THE CITY COUNCIL OF THE CITY OF" SANTA MONICA RES DATE .1989 CITY CLERK J AVE. 7 o to - - o It) ..... M C":l uS ~ 4-' 10 11 40' 80' 40' ~.,' STREET 40' 40' ~; 20 ~ - 19 ~ 2 23 18 ~ 3 124' 2 119.7' 1 6 5 4 3 2 1 I . F1F7H COURT I o I i ~I I ~ 13 12 17 ~ 16 15 - 14 ~ o 0:: <( > W --1 :J o m l40' 40' STREET I 21 ~I I I 20~ I 22 23124 COURT 15 14 13 12 11 CITY OF SANTA MONICA GENEaAL SERVICES DEPARTMENT ENGINEERING DIVISION AIAP SHOWING PORTIONS OF CXCESS S7RaT RIGHT OF WAY ALONG OCENJ PARK SOUUYAAD BEThEtN SlX7H STREIT AHD FOURTH COURT TO BE' VACA lED UNOE'R PROvrsrONS or niE: STREET VACATION ACT or 19....,. .3/8/89 SUBMITTt:D BY DRAWN (J.ME/f~AN, owe No APPROVED 19_ _ DESIGN ,.,....CKLEr 44,31 CHECKED H.ACKI.EY SHEET 1 CITY ENGINEER REFtRENCES OF f 15 I ~ ~ )} - ./ 3E~ERL Y AVE. . o It) .-I b lC) - , I , 7' 1wJ ('] \0 ~l 4' 10 11 40. 80' 40' 0--~", STREET 40' 40' ~h 20 ~ 19 ~ 18 ~ 7 3 124' 2 119.7' 1 6 5 ,2123 FlF"TH COURT 17 ~ I 16 -;,,1, I "It i 1 r 15 ~ 113 12 1~ ~1140' 140' STREET r I I 221231241 SIXTH 1 J 1 . 1 6 5 4 3 2 1 8 o (Y <( > W --1 :J o m I I I j 71 ! I Ff FTH ~ 6 7 I ~ 111 111.840/{ ~ 10107.64'J 43' 40' 4;' 9 105053'/ FOURTH COURT 145' 145' 145' I 51' 11 ~-~~Jg Be FOURTH COURT r . 15114 13 12 11 NOTE: Rt.Ft.I'C TO RESOLUTION No. . c.c.s. FOR LECAL DESCRIPTIONS. CITY OF SANTA MONICA GENEaAL SER~CES DEPARTMENT ENGINEERING DIVISION RECOMMENDED FOR ADopnON .. ,1989 STREET SUPERINTENDENT ACCEPTED FOR FILING FOR THE CITY COUNCIL OF THE CITY OF SANTA MONICA RES DATE, .1989 lIAP SHOWING PORTJONS OF EXCESS STREET RIGHT Of WA Y ALONG OCEAN PAAK BOUlEVARD BETWEEN SIXTH STREET AND FOUR7H COURT TO BE VACA rro UNDER PROVISIONS OF TH~ S7Rl:.t, VA.CA770N A.CT OF 1947. 3/B/89 CITY CLERK SUBl..... I I t.O BY DRAWN G.",ERMAN DWG No APPROVED 19 _ DESIGN H.ACKLE'r'. 4.fJl CHECKED- H.Aac!EY SHEET, CITY ENGINEER REFERENCES 01'" 1 BEFORE DISTRIBUTIONjlkF.CK CONTENT OF DISTRIBUTION OF RESo7uTION #: 77c;JO Counc~l Meet~ng Date '* h'7 , - Agenda I tern # 6 - IE-. Was It amended? /1/0 ALL FOR Cl- CLERK'S ACTION - ORDINANCE # Introduced: Adopted: ALWAYS PUBLISH ADOPTED ORDINANCES Cross out Attorney's approval VOTE: Aff irmat~ ve: 7 - 0 Negat~ve: Abstaln: Absent: PROOF VOTES WITH ANOTHER PERSON BEFORE ANYTHING DISTRIBUTION: ORIGINAL to he slgned, sealed and flIed In Vault. NEWSPAPER PUBLICATION (Date: ) Department orlglnatlng staff report( Laurle L1eberman) brdlnances only for Attorney ( Claudia Thompson) 2 Management Servlces Lynne Barrette ORDINANCES ONLY 1 Agency mentloned In document or staff report (cert1fied? ) SubJect f~le (agenda pack0t) 1 Counter file 1 Others: (Rev~ew Alrport Aud1tor1um \ for departments who need to know). Park long Auth. Personnel BUlld~ng Dept. fl /~. C/ED~~-~,-~ Flnance I Plann~ng Pollee Purchas~ng Recr!Parks Transportatlon Treasurer General Servo Llbrary Manager Flre SEND FOUR COPIES OF ALL ORDINANCES TO: CODED SYSTEMS 120 Ma1n Street Avon, New Jersey 07717 SEND FOUR COPIES OF ALL ORDINANCES TO: 4 Debra Myrlck Santa Monlca Mun~c~pal Court 1725 Maln Street, Room 118 Santa Monlca, CA 90401 Total Caples 4 ? e e .. RESOLUi'ION NO. 7790 (CCS) (CITY COUNCIL SERIES) A RESOLUTION OF THE CIi'Y COUNCIL OF ~HE CITY OF SANTA MONICA REPEALING RESOLUTION NO. 7763 (CCS), AND DECLARING ~TS I:tnENTION TO ORDER VACATION OF B~CESS STREET RIGHT-OF-WAY PARCELS LOCATED ALONG OCEAN PARK BOULEVARD WHEREAS, the ci ty Council of the ci ty of Santa Monica adopted Resolution No. 7763 (CCS) on February 14, 1989 Whereby the city Council declared its intention to order vacation of three excess street right-of-way parcels located along Ocean Park Boulevard, and set a public hearinq on such vacation proceeding for March 14, 1989~ WHEREAS, said Resolution No. 7763 (CCS) contained incorrect legal descriptions of the three excess right-of-way parcels (the "Property") for which the intent to vacate had been declared I such that it is now necessary to repeal Resolution No. 7763 (CCS) and adopt a new resolution of intent to vacate which contains correct and accurate legal descriptions and sets a public hearing on such vacation proceedinqsT WHEREAS, the correct legal descriptions of the Property are set forth in section 2 of this Resolution: WHEREAS, the City has determined that the Property described in section 2 of this Resolution is no longer needed for 'the purpose acquired and that said surplus parcels of property are not needed for any public use or street purpose: and - 1 - e tit 4 WHEREAS, no public utility lines or apprutenant structures are located on, above, or beneath the subject property; and WHEREAS, the sale of the subject property to owners of property adjacent to each of the parcels has been authorized; and WHEREAS, vacation of these excess right-of-way parcels must be completed before sale of the subject property occurs: NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. Resolution No. 7763 (CCS) is hereby repealed. SECTION 2. The City council of the City of Santa Monica declares its intention to order vacation of the excess street right-of-way parcels located along Ocean Park Boulevard which are further described as follows: Parcell: That portion of Lot 1 r Block 3, Hill crest Tract, in the City of Santa Monica, county of Los Angeles, state of California, as per map recorded in Book 6, Page 147 of Maps, in the Office of the County Recorder of said Los Angeles county, described as follows: The Point of Beginning being a point on the Southwesterly line of said Lot 1, a distance of 13.30 feet, more or less, in a Northwesterly direction from the Southernmost corner of said Lot: thence North 39 degrees 54'10" West along 'the Southwesterly line of said Lot a distance of 102.96 feet, more or less, to the Westerly corner of said Lot: thence - 2 - e e .. Northeasterly along the Northwesterly line of said Lot a distance of 2.52 feet to a point, said point beinq in a nontangent curve concave Northerly and having a radius of 270 feet, a radial line through said point having a bearing of North 42 degrees 14'02" Easti t.hence Easterly along said curve an arc distance of 127.32 feet to a point, a radial line through said point having a bearing of North 15 degrees 12' 54" East; thence Southeasterly a distance of 2.26 feet along the Northeasterly line of said Loti thence South 5S degrees 26'28" West a distance of 36.89 feet, more or less, along a line parallel to the Southeasterly line of said Lot; thence in a Westerly direction a distance of 17.98 feet, more or less, to the Point of Beginning. Said Parcell has a total acreage of 2,345 square feet. Parcel 2: That portion of Lot 21 of Block B, in the City of Santa Monica, County of Los Angeles, state of California, as shown on the Map of the Vawter' s Fourth street Tract, recorded in Book 3, page 92 of Maps, in the Office of the County Recorder of said County, and described as follows: Beginning at the southernmost corner of said lot; thence proceeding Northwesterly along the Southwesterly line of said lot a distance of 99.Bl feet; ~hence N 54 degrees 19' 51" E a distance of 19.76 feet 1 thence S 84 degrees 18' 29" E a distance of 24.40 feeti thence S 43 degrees 16' 48" E a - 3 - tit e -. distance of 80.09 teet ~ thence Southwesterly along the Southeasterly line of said lot to said corner. Said Parcel 2 has a total acreage of 3,564 square feet.l Parcel 3: That portion of Lot 18 of Block A, in the City . of Santa Monica, County of Los Angeles, state of California, as shown on the Map of the Vawter's Fourth Street Tract, recorded in Book 3, page 92 of Maps, in the Office of the county Recorder of said county, and described as follows: Beginning at the Southernmost corner of said lot: thence proceeding Northwesterly along the Southwesterly line of said lot a distance of 66.77 feet; thence N 52 degrees 11' 23" E a distance of 40.00 feet~ thence Southeasterly along the Northeasterly line of said lot to the easternmost corner of said lot; thence Southwesterly t.o said Southernmost corner. said Parcel 3 has a total acreage of 2,633 square feet. SECTION 3. The City council of the City of Santa Monica, in vacating the subject property described in Section 2 of this Resolution, elects to proceed in accordance with th~ provisions of the California streets and Hiqhways Code, Part 3. "Public streets, Highways, and Service Easements Vacation Law," Chapter 3, "General vacation Procedure." SECTION 4. The hour of 7:30 p.m. of the 25th day of April 1989, in the Council Chambers in City Hall, Santa Monica, - 4 - e e California, be and the same hereby is fixed, as the time and place when and where all persons interested in or objecting to the proposed vacation may appear before the city council and offer evidence in relation thereto. SECTION 5. ~ The Superintendent of Streets of the City of Santa Monica hereby is directed to cause notices of street vacation to be posted as required by California Streets and Highways Code section 8323. SECTION 6. The city Clerk of the Ci ty of santa Monica hereby is directed to cause notice of the date, hour, and place of the public hearing on the resolution of intention to vacate to be published once a week for at least two successive weeks prior to the hearing as required by California Streets and Highways Code Section 8322. SECTION 7. The City Clerk shall certify the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~W'~ ROBERT M. MYERS City Attorney Imoxr20/hpw - 5 - It e Adopted and approved this 11th day of April, 1989. D~ /Ha~~ I hereby certify that the foregoing Resolution No. 7790(CCS) was duly adopted by the City Council of the City of Santa Monica at a meeting thereof held on April 11, 1989 by the following council vote: Ayes: Councilmembers: Abdo, Finkel, Genser, Jennings, Katz, Reed, Mayor Zane Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: L ---- - ci ty BEFORE DISTRIBUTION~~ECK CONTENT OF . ::iiF DISTRIBUTION OF RESOLUTION # 177711 Counc~l Meetlng Date * k'1 ,r ALL FOR CT~ CLERK'S ACTION ..... ORDINANCE # Introduced: VOTE: Aff~rmat~ve: Negat1.ve: Abstaln: Absent: PROOF VOTES WITH ANOTHER PERSON BEFORE DISTRIBUTION: ORIGINAL to he s~gn~d, G-L #0 7 Adopted: ALWAYS PUBLISH ADOPTED ORDINANCES Cross out Attorney's approval Agenda Item # Was .l.t amended? -C) ANYTHING sealed and f~led ~n Vault. NEWSPAPER PUBLICATION (Date: ) Department or~g~natlng staff report ( Laurie L~eberman) t>rdlnances only for Attorney ( Claudla Thompson) 2 Management Servlces Lynne Barrette ORDINANCES ONLY 1 Agency mentloned 1n document or staff report (certifled?) SubJect flle (agenda packet) 1 Counter f~le 1 Others: (Revlew A~rport AudJ.torJ.um , for departments who need to Rnow) . Parking Auth. Personnel Bu~ld~ng Dept. C/ED 1M '- ..... CZI'...--'{ (~Firiance Planning Police Purchaslng ~ecr/Parks Transportatl.on Trea.$urer General Servo L~brary Manager F~re SEND FOUR COPIES OF ALL ORDINANCES TO: CODED SYSTEMS 120 Ma~n Street Avon, New Jersey 07717 SEND FOUR COPIES OF ALL ORDINANCES TO: 4 Debra Myn.ck Santa Mon~ca Mun~cipal Court 1725 Ma~n Street, Room 118 Santa Mon~ca, CA 90401 Total Copies 4 3 - ... - e .. RESOLUTION NO. 7791 (ees) (CITY COUNCIL SERIES) A RESOLU~ION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REPEALING RESOLUTION NO. '762 (CCS), WAIVING ADVERTISEMENT REQUIREMENTS AND AUTHORIZING THE SALE OF SURPLUS CITY-OWNED PARCELS OF REAL PROPERTY ALONG OCEAN PARK BOULEVARD IN THE CITY OF SANTA XONICA WHEREAS, the City council of the City of Santa Monica adopted Resolution No. 7762 (CCS) on February 14, 1989, which authorized the sale of three surplus city-owned right-of-way parcels along Ocean Park Boulevard, and waived advertisement requirements therefor; WHEREAS, said Resolution No. 7762 (CCS) contained incorrect legal descriptions of the City-owned surplus parcels to be sold, such that it is now necessary to repeal Resolution No. 7762 (CCS) and adopt a new resolution with accurate and correct legal descriptions, authorizing the sale of said parcels and waiver of advertisement requirements; WHEREAS, the correct legal descriptions of the three parcels (the "Property") are set forth in Section 3 of this Resolution; WHEREAS, the City of Santa Monica acquired the Property for street widening purposes in 1967 and 1968; and WHEREAS, the City has determined that the Property is no longer needed for the purposes acquired and that the Property is not needed for any public purpose; and - 1 - _I - e WHEREAS, the city desires to offer each parcel of the Property to the owner or owners of property adjacent to each parcel, at a minimum price of $28.00 per square foot, which sum is the existing fair market value of each such parcel: WHEREAS, pursuant to Municipal Code Section 250BA, real property may be sold without advertising for bids if the City Council, by resolution adopted by at least five affirmative votes, determines that to advertise for bids would be to no avail and would cause unnecessary expense and delay or would not be in the best interest of the city; and WHEREAS, due to zoning limitations, no viable development alternatives for use of the property exist other than in combination with the property adjacent to each of the parcels of the Property; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. Resolution NO. 7762 (CCS) is hereby repealed. SECTION 2. Requirements pertaining to public advertising for bids on each parcel of the Property, and offering of the Property to recreation and housing agencies are hereby waived because only the owners of property adjacent to each particular parcel have the ability to utilize such parcel for development, and to advertise would cause unnecessary expense and delay, would be unlikely to bring a purchase price higher than the fair - 2 - -' e e market value of $28.00 per square foot, and would not be in the best interest of the city. SECTION 3. The City Manager is hereby authorized to offer for sale, at the minimum sales price of $28.00 per square foot, each of such parcels, to ~he owners of property adjacent to each particular parcel. said parcels of the Property are described as follows: Parcell: ~hat portion of Lot I, Block 3, Hill Crest Tract, in the City of santa Monica, County of Los Angeles, state of California, as per map recorded in Book 6, Page 147 of Maps, in the Office of the County Recorder of said Los Angeles county, described as follows: The Point of Beginning being a point on the Southwesterly line of said Lot 1, a distance of 13.30 feet, more or less, in a Northwesterly direction from the Southernmost corner of said Lot: thence North 39 degrees 54110" West along the southwesterly line of said Lot a distance of 102.96 feet, more or less, to the Westerly corner of said Lot; thence Northeasterly along the Northwesterly line of said Lot a distance of 2 . 52 feet to a point, said point being in a nontangent curve concave Northerly and having a radius of 270 feet, a radial line through said point having a bearing of North 42 deqrees 14 '02" East; thence Easterly along said curve an arc distance of - 3 - e e 127.32 feet to a point, a radial line through said point having a bearing of North 15 degrees 12' 54" East; thence Southeasterly a distance of 2.26 feet along the Northeasterly line of said Lot; thence South 55 degree 26128" West a distance of 36.89 feet, more or less, along a line parallel to the Southeasterly line of said Lot; thence in a Westerly direction a distance of 17.98 feet, more or less, to the Point of Beginning. Said Parcel 1 has a total acreage of 2,345 square feet. Parcel 2: That portion of Lot 21 of Block B, in the City of Santa Monica, county of Los Angeles, State of California, as shown on the Map of the Vawter 1 s Fourth street Tract, recorded in Book 3, Page 92 of Maps, in the Office of the County Recorder of said County, and described as follows: Beginning at the Southernmost corner of said lot; thence proceeding Northwesterly along the Southwesterly line of said lot a distance of 99.81 feet; thence N 54 degrees 19' 51." E a distance of 1.9.76 feet; thence S 84 degrees 18' 29" E a distance of 24.40 feet; thence S 43 degrees 16' 48" E a distance of 80.09 feet; thence Southwesterly along the Southeasterly line of said lot to said corner. Said Parcel 2 has a total acreage of 3,564 square feet. - 4 - y' It e Parcel 3. That portion of Lot 18 of Block A, in the City of Santa Monica, county of Los Angeles, state of California, as shown on the Map of the Vawter's Fourth Street Tract, recorded in Book 3, Page 92 of Maps, in the Office of the County Recorder of said County, and described as follows: Beginning at the Southernmost corner of said lot; thence proceeding Northwesterly along the Southwesterly line of said lot a distance of 66.77 feet; thence N 52 degrees 11' 23" E a distance of 40.00 feet: thence Southeasterly along the Northeaaterly line of said lot to the easternmost corner of said lot; thence Southwesterly to said Southernmost corner. Said Parcel 3 has a total acreage of 2,633 square feet. SECTION 4. The city Manager is instructed to execute all instruments necessary and do all other things necessary to effectuate the sale of each of the parcels of the Property. SECTION S. The City Clerk shall certify the adoption of this Resolution and, thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~~ ~~ w~ ROBERT M. MYERS City Attorney lmoxr22/hpw ... 5 ... e e -, Adopted and approved this 11th day of April, 1989. pa-z ~Yor~~ I hereby certify that the foregoing Resolution No. 7791(CCS) was duly adopted by the city Council of the City of Santa Monica at a meeting thereof held on April 11, 1989 by the following Council vote: Ayes: Councilmembers: Abdo, Finkel, Genser, Jennings, Katz, Reed, Mayor Zane Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: Aff~ . City -Clerfrt' ....-