SR-901-003 (2)
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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
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APR 1 1 1989
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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,
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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
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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
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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
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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
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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
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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.
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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
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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'
....-