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SR-6E (12) - 6E I CA:atty/users/adam/tsunsr Council Meeting: April 25, 1995 Santa Monica, California TO: city council APR 2 5 1995 FROM: City Staff SUBJECT: Recommendation to Adopt ( 1) a Resolution Waiving Advertising Requirements and Authorizing the Sale of Excess Right-of-Way Property; and (2) a Resolution of Intent to Vacate a Portion of Excess Right-of-Way at the Northwest Corner of Olympic Boulevard and 21st street INTRODUCTION This report recommends that the City Council adopt a Resolution of Intent to Vacate a portion of excess right-of-way at the northwest corner of olympic Boulevard and 21st street to facilitate the sale of approxlmately 4,900 square feet of excess city property to the adjacent property owner; and a Resolution Waiving Advert1sing Requirements for that sale. BACKGROUND On December 12, 1990, the City Council approved, ln concept, the sale of a parcel of City-owned real property at the northwest corner of Olyrnp1c Boulevard and 21st Street to the adJacent property owner, Sam Tsunoda. The parcel to be sold is depicted by shading in the attached map. The Council IS conceptual approval of the sale was based on the following considerations: - 6E ;~~ . , ,. .. APR 2 5 1995 ~ 1. city staff evaluated the property and found no current or potential future City use for the parcel; 2. Most of the parcel was originally a part of the adjoining property; 3. The frontage road is no longer needed; 4. If the property were sold to others, Tsunoda would not have access to a public street; and 5. The parcel is not usable for either park or school purposes. The council's approval included, as a condition of sale, that Tsunoda perform certain improvements to the property and surrounding property. (See Exhibit B, attached. ) The former frontage road which includes the subject parcel was purchased in fee by the state of california and was turned over to the C1ty when Olympic Boulevard was relinquished to the City for city street use on March 28, 1966. In 1987, the Clty vacated and sold the portion of the former frontage road which lies immediately west of this parcel to the nelghboring owner. In the past that owner has opposed the present vacat10n and sale on the ground that lt would impede vehicles using hlS business. However, the Engineering Department has addressed this issue by designing the required improvements to the parcel so that entering vehicles will have a large turning radius on the west s1de of the property. The parcel was appraised by the City's appraiser at a fair market value of $135,000.00. Tsunoda has agreed to purchase the parcel for $160,000.00, a price higher than the appraised value. The state of California confirmed 1n wr1tlng on March 3, 1995 that it has no objection to the proposed vacation and sale. BUDGETARY IMPACT The sale would result in $160,000.00 in revenue for the city. The account for deposit would be Gas Tax Fund account number 43-500- 401-00000-0180-10000. RECOMMENDATION Clty Staff recommends that the city council adopt the two attached Resolutions, (1) a Resolut1on Waiving Advertising Requirements and Authorizing the Sale of the property, and (2 ) a Resolution of Intent to Vacate the portion of excess right-af-way at the northwest corner of Olympic Boulevard and 21st Street to facilitate the sale of the parcel to Tsunoda. Prepared by: Marsha Jones Moutrie, City Attorney Adam Radinsky, Deputy City Attorney atty/users/adam/tsunsr -'" ~ . CA:f\atty\muni\laws\mox\olympic.l City Council Meeting 4-25-95 Santa Monica, California RESOLUTION NO. 8891 (CCS) (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING ITS INTENTION TO ORDER VACATION OF EXCESS STREET RIGHT-OF-WAY AT THE NORTa.~ST CORNER OF OLYMPIC BOULEVARD AND 21ST STREET WHEREAS, the City of Santa Monica has determined that the real property (the nproperty") described in Section 1 of this Resolution is no longer needed for the purpose acquired and that said surplus parcel is not needed for any public use or street purpose; and WHEREAS, since utility lines and appurtenant structures are located on, above or beneath the Property, the City Council of the City of Santa Monica will reserve easements in favor of publ1c and private utility companies and their respective agents, employees and representatives for purposes of construction, operation, maintenance, repair, removal and replacement of all sewer, water, .. storm drain, street lights, traffic signals, electrical, gas, telephone, cable TV and other util1ty facilities and improveIDents; and WHEREAS, the sale of the Property to the adjacent property owner Sam Tsunoda has been authorized; and 1 -- - -- .". - . .. Monica, 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 4. The Director of Environmental and Public Works Management Department is hereby directed to cause notices of street vacation to be posted as required by California streets and Highways Code Section 8323. SECTION 5. The city Clerk of the City of Santa Monica is directed to cause notice of the date, hour and place of the public hearing 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 6. The C1ty Clerk shall certify the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. 7' APPROVED AS TO FORM: ~~b~~ Marsha Jo s Moutr1e City Attorney 4 , -- A -' , Adopted and approved this 25th of April, 1995 dJ~ Mayor I hereby certify that the foregoing Resoluhon 8891 (CCS) was duly adopted at a meeting of the City CouncIl held on the 25th of Apnl, 1995 by the following vote. Ayes: Council members Abdo, O'Connor, Genser, Rosenstem, Holbrook~ Greenberg Noes CouncIl members. None Abstain. Council members None " Absent: Council members Ebner ATTEST AhiL efJ~ ~ T ( CIty Clerk