R-9503
RESOLUTION NUMBER 9503(CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ORDERING THE VACATION OF EXCESS STREET PUBLIC RIGHT-OF-WAY
AND PUBLIC SERVICE UTILITY EASEMENTS IN A PORTION OF PICO
PLACE NORTH IN THE CITY OF SANTA MONICA
WHEREAS, the City of Santa Monica has determined that the public
street right-of-way and public service utility easements in the real property
described in attached Exhibit A (the ?Alley?) of this Resolution are no longer
needed for the purposes acquired and that said excess public street right-of-way
and public service utility easements located therein are not needed for street or
any other public use; and
WHEREAS, ET Whitehall Seascape, a California Limited Liability
Company, (?Whitehall?) owns certain real property abutting the Alley and has
requested that the City vacate the street right-of-way and public service utility
easements located on, above, or beneath the Alley; and
WHEREAS, on October 26, 1976, the City Council of the City of Santa
Monica adopted Resolution Number 4806 (CCS) ordering the vacation of a
portion Pico Place North from Ocean Avenue westerly approximately 144 feet;
and
WHEREAS, on March 15, 1988, the City Council of the City of Santa
Monica adopted Resolution Number 7584 (CCS) ordering the vacation of a
portion of Pico Place North from Appian Way easterly approximately 122 feet
making the street impassable; and
WHEREAS, the Alley is the only portion of Pico Place North, between
Ocean Avenue and Appian Way, which is still subject to public right-of-way and
public service utility easements,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Santa Monica orders vacation
of the excess public street right-of-way and public service utility easements
located on, above and beneath the Alley, in the City of Santa Monica, as
described in the legal descriptions set forth in Exhibit ?A?, and depicted in the
drawings set forth in Exhibit ?B?, both of which are attached hereto and
incorporated herein by reference.
SECTION 2. From and after the date this Resolution is recorded, the
excess street right-of-way and public service easements shall no longer exist.
SECTION 3. This vacation is completed in accordance with the
provisions of the California Streets and Highways Code, Part 3, ?Public Street,
Highways and Service Easements Vacation Law?, Chapter 4, ?Summary
Vacation?.
SECTION 4. Summary vacation of the public street right-of-way is
appropriate
because the Property meets the following criteria set forth in California Streets and
Highways Code Section 8331, "Impassable Street or Highway": (i) it has been
impassable for vehicular travel for a period of five consecutive years; and (ii) no
public funds have been expended to maintain the Alley during this time period.
SECTION 5. Summary vacation of the public service utility easements is
appropriate under California Streets and Highways Code Section 8333(a) because
these easements have not been used for the purposes for which they were
dedicated or acquired during the past five years.
SECTION 6. Pursuant to California Streets and Highways Code Section
8325, and subject to satisfaction of all conditions to these vacation proceedings,
the City Clerk shall cause a copy of this Resolution to be recorded in the office
of the County Recorder of the County of Los Angeles. Upon such recording, the
vacation shall be complete.
SECTION 7. 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:
S/
Marsha Jones Moutrie
City Attorney
Adopted and approved this 11th of April, 2000
S/_______________________
Ken Genser, Mayor
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby
certify that the foregoing Resolution 9503 (CCS) was duly adopted at a meeting
of the Santa Monica City Council held on the 11th of April, 2000, by the following
vote:
Ayes: Council members: Holbrook, Rosenstein, McKeown,
Feinstein, Bloom, Mayor Pro Tem
OConnor, Mayor Genser
=
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: None
ATTEST:
S/_______________________
Maria M. Stewart
EXISTING PARCELS
EXHIBIT ?B?
SHEET 1 OF 2
PROPOSED PARCELS
EXHIBIT ?B?
SHEET 2 OF 2