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APR f 3 1999
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City Council Meeting 04-13-99
Santa MOnica, Calltornla
TO:
Mayor and Councllmembers
FROM:
City Staff
SUBJECT: Recommendation to Hold a Public Hearing and Adopt a Resolution Ordering
the Vacation ot Excess Street Rlght-ot-Way Located at the Southeast Corner
ot Delaware Avenue and High Place
INTRODUCTION
This report recommends that the City Council hold a public hearing to hear comments from
the public regarding the proposed vacation at excess street rlght-ot-way located at the
southeast corner at Delaware Avenue and High Place In conjunction With the Cloverfield
Widening Project This report also recommends the adoption ot the attached resolution
which Will order the vacation ot this excess street right-at-way
BACKGROUND
On March 23, 1999, the City Council adopted Resolution Number 9383 (CCS) authOriZing
the sale ot excess street rlght-ot-way located at the southeast corner ot Delaware Avenue
and High Place to Samuel Kardashlan, the adjacent property owner The City Council also
adopted Resolution Number 9384 (CCS) declaring Its Intention to order vacation at this
excess street nght-ot-way and setting a public heanng on the proposed vacation tor Apnl
13, 1999 Notice at the publiC hearing has been published and posted In accordance With
reqUired proVISions of the California Street and Highways Code
1
(08
APR 1 3 1999
DISCUSSION
As part of the Cloverfleld Phase 1 Street Widening Project, a portion of property owned by
Samuel Kardashlan was Identified as a necessary acquIsition Negotiations between the
City and Mr. Kardashtan led to agreement on terms and conditions for the acquIsition of the
KardashJan property by the City and for the City's sale of surplus City Yards property and
excess street nght-of-way located at the southeast corner of Delaware Avenue and HIgh
Place adjacent to Mr Kardashlan's bUSIness City Council has authonzed the sale ot the
excess street nght-of-way subject to all necessary public actIons for approval of thiS sale
Adoption of the attached resolution ordenng the vacation of the excess street right-at-way
would complete the reqUired steps necessary to close escrow on the sale of thiS property
BUDGET/FINANCIAL IMPACT
The purchase price of the excess street right-of-way located at the southeast corner at
Delaware Avenue and High Place IS $64,390 04 Account Number 01-130-224-00000-
0417-10000
RECOMMENDATION
It IS respectfully recommended that the City CounCil conduct the public heanng and adopt
the attached resolution ordenng the vacation of the excess street right-at-way located at
the southeast corner of Delaware Avenue and High Place so that It may be sold to the
adjacent property owner
2
Prepared By
ATTACHMENT
Craig Perkins, Director Environmental & Public Works Management
Marsha Jones Moutne, City Attorney
Anthony Antlch, P E , CIty EngIneer
Linda A Moxon, Deputy City Attorney
Resolution ot the CIty CouncIl Ordenng the Vacation ot Excess
Street Rlght-Ot-Way Located at the Southeast Corner ot Delaware
Avenue and High Place
3
f\atty\muni\laws\mox\kardash.l
Clty Council Meeting 04-13-99
Santa Monlca, Californla
RESOLUTION NO.
9387
(CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA ORDERING THE
VACATION OF EXCESS STREET RIGHT-OF-WAY
LOCATED AT THE SOUTHEAST CORNER OF
DELAWARE AVENUE AND HIGH PLACE
WHEREAS, the Cl ty has determlned that the real property
described in Sectlon 1 and ExhlbltS "A" and "B" to this Resolutlon
(the I1Propertyl1) lS no longer needed for the purpose acquired and
tha~ sala surplus parcel is not needed for any publlc use or street
purpose, and
WHEREAS, on March 23, 1999, the C1ty Councll adopted
Resolut1on No. 9383 (CCS) authorlzlng sale of the Property to the
adJacent property owner, Samuel Kardashlan; and
WHEREAS, on March 23, 1999, the Clty Council adopted
Resolut1on No. 9384 (CCS) settlng the matter for publ1C hear1ng and
declar1ng ltS lntent to vacate the Property 1n order to complete
the sale; and
1
WHEREAS, on March 24, 1999, notices of the proposed vacat~on
were posted as requlred by CaIlfornia Streets and Hlghways Code
Sectlon 8323; and
WHEREAS, a public hearlng on thls matter was held on Aprll 13,
1999, and
WHEREAS, street vacatlon of thls excess street rlght-of-way
must be completed before the sale of the Property can be concluded,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS.
SECTION 1.
The Clty Councll of the City of Santa MODlca
orders vacatlon of that excess street rlght-of-way located at the
southeast co~ner of Delaware Avenue and High Place as deplcted 1n
Exhlblt IlA", Dravnng No. 4579, and more fully descrlbed In the
legal descrlptlon set forth 1n Exhlblt "B". Exhlblts nAn and "B"
are attached hereto and lncorporated hereln by reference.
SECTION 2. In vacating sa1d excess street rlght-of-way, the
Clty Councll of the City of Santa Monica reserves and excepts from
the vacatlon, easements in favor of the City and publlC and prlvate
2
utlll ty companles, and thelr respective agents, employees, and
representatives,
for
purposes
of
construction,
operation,
malntenance, repair, removal and replacement of all sewer, water,
storm drain, street lights, traffic signals, electrical, gas,
telephone, cable TV and other utl11ty facilitles and lmprovements.
SECTION 3.
From and after the date this Resolution 15
recorded, the excess street right-of-way shall no longer constltute
a C1ty of Santa Monlca Street.
SECTION 4. ThlS vacatlon is completed in accordance with the
provls1on5 of the Callforn1a Streets and Highways Code, Part 3,
"Pub11c Street, Highways and SerV1ce Easements Vacatlon Law",
Chapter 3, "General Vacatlon Procedure".
SECTION 5. Pursuant to Callfornla Streets and Hlghways Code
Sectlon 8336, the City Clerk shall cause a copy of thlS Resolutlon
to be recorded In the offlce of the County Recorder of the County
of Los Angeles.
complete.
Upon such record1ng, the vacatlon shall be
SECTION 6.
The C2ty Clerk shall cert2fy to the adoptlon of
thlS Resolutlon, and thenceforth and thereafter the same shall be
3
~n full force and effect.
APPROVED AS TO FORM:
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MARSHA JONE$-MOUTRIE -
City Atto~y
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"A"
EXHIBIT
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LEGEND: V / /~
AREA TO BE VACATED
FOR SALE
APPROX 12J/5 Sf"
Of' SANTA MONICA
on EN~'ll'~~~ET:tNT DEPAR'NENT
AND PUBUCE~~EERING DIVISION
- ON Of" DELAWARE AVE AND
MAP SHOWING PORl1 VACATED FOR SAlL
HIGH PLACE TO BE
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EXHIBIT "8"
LEGAL DESCRIPTION
(DRAWING NO. 4519)
PORTION OF DELAWARE AVENUE & HIGH PLACE
TO BE VACATED FOR SALE
THAT PORTION OF DELAWARE AVENUE AND HIGH PLACE, VILLA TRACT IN
THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE 165 OF MAPS IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS
FOLLOWS:
BEGINNIKG Ai THE ~OST NORTHERLY CORNER OF LOT 7, BLOCK 1, OF SAID
TRACT; THENCE ALONG NORTHWESTERLY LINE OF SAID LOT S4501S'OO"W
55.00 FEET ro THE TRUE POINT OF BEGINNING; THENCE N44045'OO"W
7.00 FEE:; T~ENCE S45015100~W 103.00 FEET; THENCE S12046'44hW
10.67 2~E~; THENCE S44045'OO"E 41.27 FEET; THENCE N4So15'OO"E 12
=EE'Y ceRE OR. LSSS TO A POINT ALOt\G THE SOUTHWESTERLY LINE OF SAID
:"OT :'OC;'_':'C:D ~~44045 100"1'1 10 FEET r-~ORE OR LESS FROM THE MOST
SO~THERLY COhNSR OF SAID LOT; THENCE ALONG THE NORTHWESTERLY LINE
OF SAID L07' N440t;510C"t.; 40 FEST MORE OR LESS TO THE MOST vlESTERLY
CCrt~ER 0: SAID LOT; THENCE ALONG THE SAID SOUTHWESTERLY LINE
:;';5015'OC"E 100.00 FEET r-10RS OR LESS TO THE TRUE POINT OF
BEG!i-:~;I~G .
AREA = 1238 SQUAlU: FEET MORE OR LESS
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LOT 6
, Ie"" = 20'
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LEGEND: V / //1
ARE:" TO BE V"C"TED
FOR SALE
APPROX 12,1l SF
TY OF SANTA MONICA
a ENVlRONMEGENT~NT OEPARTUENT
WORKS ~ANA N
AND PUBUCENGINEERING DIVlSIO
- nON OF DELAWARE A'IE AND
UAP SHO'MNG POR VACA lED fOR SALE
HIGH PLACE TO BE !
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EXHIBIT "B"
LEGAL DESCRIPTION
(DRAWiNG NO. 4579)
~ORTION OF DELANARE AVEhuE & HIGH PLACE
TO BE VACATED FOa S'" T."
7HAT PORTION OF DELAWARE AVENUE AND HIGH PLACE, VILLA TRACT IN
THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE 165 OF MAPS IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS
FOLLO'tlS:
BEGIN~ING AT THE MOST ~ORTHERLY CORNER OF LOT 7, BLOCK 1, OF SAID
TRACT; 'I'ESNCE ALONG NORTH.t1ESTERL Y LINE OF SA!D LOT 545015 I OO"W
55.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE N44045'OO"W
7.00 FEE7; 7HENCE S45Q1S'OO"W 103.00 FEET; THENCE S12046'44"W
le.67 FEET; THENCE S44045'00~E 41.27 FEST; THENCE N4501S'OO"E 12
?~~T ~o~s O~ LESS TO A POINT ALONG THE SOUTHWESTERLY LINE OF SAID
:.:r: ~O:A7EJ N44045'OO"W 10 FEET MORE OR LESS FROM THE MOST
SOv?HERLY CO~NE~ OF SAID LOT; THENCE ALONG THE NORTHWESTERLY LINE
O? SA!D LOT t~.;~Cl45' OO"~'l 40 FEET MORE OR LESS TO THE MOST WESTERLY
COR~ER 0= SAID LOi; lHENCE ALONG THE SAID SOUTHWESTERLY LINE
N45Gl5'OO"E. lOO.OD FEET !v~os.:::: OR LESS TO THE TRUE POINT OF
EE.G~N!~:!~G .
AREA = ~2 38 SQUARE FEET MORE OR LESS
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Adopted and approved this 13th of Apnl. 1999
\.
~~1~&r --
I Pam O'Connor. Mayor
l
I. Mana M Stewart. City Clerk of the City of Santa MOnica, do hereby certify that
the foregoing Resolution 9387 (CCS) was duly adopted at a meeting of the Santa
MOnica City Council held on the 23rd of March, 1999 by the follOWing vote
Ayes CounCllmembers
Feinstein, Genser, Holbrook, McKeown,
O'Connor, Rosenstein
Noes Councllmembers
None
Abstain Councllmembers
None
Absent- Councllmembers
None
ATTEST
~~-~~
Mana M Stewart, City C'krk