R-4644
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CA ,DTO:JSt
Deed No. 358
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5-23-75
RESOLUTION NO. 4644 eGGS)
(City Counc11 Series)
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA APPROVING
AND AUTHORIZING THE CITY MANAGER TO
EXECUTE DOCUMENTS ~'nTH FRED NASON
AND VIOLETTE JOHNSON NASON AND
APPROVING fu~D AUTHORIZING THE CITY
CONTROLLER TO ISSUE WARRANTS IN REGARD
TO AN EXCHANGE AND SALE OF REAL PROPERTY
FOR AN ANIMAL SHELTER.
WHEREAS, the City of Santa Mon1ca is desirous of
obtain1ng property located at 1640 - 9th Street in the City
of Santa Monica, more fully described hereinafter, on Wh1Ch
to construct a new an1mal shelter:
Lots 107, 108, and 109 of the
Towner Terrace Tract as per map
recorded in Book 8. page 25 of
Maps, in the Off~ce of the County
Recorder of said County;
and,
WHEREAS, the here~nabove descrlbed property 15 suitable
to the needs of the C1tYi and,
WHEREAS, the owners of said slte are agreeable to the
sale and exchange of the1r property to the C1ty for the sum of
One Hundred Thousand One Hundred Sixty-Nine ($100,169.00) Dollars
and the grant1ng of title to sa1d owners of property descrlbed
as Lots 11, 12 and that port1on of Lot 15 of the Standard Tract
ln the C1ty of Santa Mon1ca, County of Los Angeles, State of
Californ~a, as more particularly described ~n "Exhibit A"
attached hereto and made a part hereof and consist1ng of one
page.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
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MONICA DOES HEREBY RESOLVE AS FOLLOWS:
That the Clty Manager be and lS hereby
authorized to execute the necessary documents wlth the record
SECTION 1.
owners of the property located at 1640 - 9th Street in the Clty
of Santa Monica for the sale and exchange of sald property to
the Clty of Santa Monica for the sum of One Hundred Thousand
One Hundred Sixty-Nine ($100,169.00) Dollars and for the
property particularly descrlbed ln nExhlblt An attached hereto
and made a part hereof and lncorporated herein by reference.
SECTION 2.
That the Clty Controller be and lS
hereby authorized to lssue a warrant in the sum of One Hundred
Thousand One Hundred Sixty-Nlne ($100,169.00) Dollars to be
deposlted ln escrow wlth the Santa Monica Bank in payment for
sald property.
SECTION 3.
The Clty Clerk shall certlfy to the
adoptlon of this resolutlon and thenceforth and thereafter the
same shall be In full force and effect.
ADOPTED and APPROVED this
24th
day of
June
, 1975.
~zr~ /r~
/' I W l-layor
ATTEST:
~.j /~i () P
: LV i;vyE1O
l C ty /Clerk
I hereby certify that the foregolng resolutlon was
duly adopted by the City Councl1 of the Clty of Santa Monlca
at a regular ~eetlng thereof, held on the
24th
day of
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June 24
, 1975, by the followlng vote of the
Council:
AYES:
Councl1person: Judson, McCloskey, Reed,
Swink, van den Steenhoven,
Trives
NOES:
Councl1person: None
ABSENT:
Councl1person: Cohen
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APPROVED AS TO FO&~: )
2 r ,0 J~h
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.;..l,~ r-f..... r!v~ Q~~
~. Clty Ae"to'rn~ ____
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LOTS 11, 12 and that portion of LOT 15 of the STANDARD TRACT, ln the
City of Santa Monica, County of Los Angeles, State of Californ~a, as
per map recorded ~n Book 5 Page 83 of Maps, ln the office of the
county recorder of sald county bounded and descrlbed as follows:
THAT portion of said Lot 15, bounded Northwesterly by the Southeasterly
line of Lots 11 and 12 of said Tract, bounded Northeasterly and
Southwesterly by the Southeasterly prolongations of the Northeasterly
11ne of sald Lot 12 and the Southwesterly line of said Lot 11,
bounded Southeasterly by a line descrlbed as:
BEGINNING at the most Easterly corner of Lot 14 of said Tracts:
thence along the Southeasterly prolongatlon of the Northeasterly
I1ne of sald last ment~oned Lot 30.14 feet to the true pOlnt of
beglnning; thence South 430 58' West to the Northeasterly llne of
Llncoln Boulevard, as now established.
EXHIBIT A
CA RLWIS: ] S t
6-16-75
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CONFIDENTIAL
Santa Monica, Callforn~a
June 16, 1975
TO:
Mayor and Clty Council
FR01<1 :
Clty Attorney
SUBJECT:
Acquisltion of Animal Shelter Slte
INTRODUCTION:
This staff report transmits coples of the relevant
documents wlth regard to the animal shelter acqulsition. These
documents are: the Escrow Instructions (escrow has been opened
at Santa Monlca Bank, subject to approval by the Clty Counell
of the terms of the proposed sale and exchange), Agreement For
the Exchange And Sale of ~eal Property, Lease Agree8ent,
Corporatlon Grant Deed, Grant Deed, Rental State~ent, Statement
of Informatlon, and a Resolutlon pertalnlng to the acqulsltlon
and exchange of the respective propertles. These documents
were prepared by thlS office, after the terMS of the acquisltlon
and exchange were negotlated by Staff, and baS1C agreement has
been reached wlth the property owners.
BACKGROUND:
SOQetlme ago, it was determined to acquire the Nason
property (descrlbed in the Grant Deed attached hereto) as a
site for a new animal shelter for the City of Santa Monlca.
This property 15 located at 1640 - 9th Street.
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The City reta1ned the services of LeW1S J. l~ller,
CRE, ASA, to prepare an appraisal report relatlve to the property
to be acquired. Mr. Ml1ler determined an appraisal value fo~
this property to be acquired of approximately $124,000.00, as
of September 15, 1974. This property lS conposed of approxlmately
23,590 square feet.
Thereafter, 1n negotiations with the owners of the
property to be acqulred, agreement was reached that the o~mers
would accept the sum of approx1mately $135,000.00 for the
property.
In flnal~zlng these negot~ations, Staff worked out
a proposal whereby the present anlmal shelter slte would be
traded to the owners of the property to be acqulred, and the
amount of cash paYMent would be concurrently reduced.
In accordance wlth this basic agreement, this office
prepared the necessary documents to effectuate thlS transact1on.
Essent1ally, the ent1re transactlon lnvolves the following:
1. Payment by the Clty to the
property owners of $100,169.00.
2. Granting to the property owners
that property WhlCh is currently
owned by the Clty and used for the
present animal shelter, lnclud1ng
the improvements thereon
(approxi~ately 6,100 square feet,
valued by LeW1S Ml11er at approx1mately
($36,500.00).
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3.
A lease back to the City of the
present animal shelter site for a
term of one year after close of
escrow, with optlon to renew for
six months to provlde contlnuation
of the facil~ties pending construction
of the new facll~ty; the Clty w11l
pay $350.00 per month for use of
the present anl~al shelter site
under the proposed lease.
The attached documents represent the culmination of
these negotiations, and are all subject to approval of the
Clty Councll. All of these documents have been executed by
Fred and Violette Johnson Nason, the owners of the property
to be acqulred.
The City has been unable to procure permlss10n of
the owners for soil testlng prlor to close of escrow, relative
to the property to be acquired; however, the consensus of City
Staff lS that such SOlI testlng ~s not necessary pr10r to close
of escrow, and 1S not necessar1ly a normal procedure ln th1S
area, accordlng to the escrow officer.
ALTER~ATIVE SOLUTIONS:
The proposal before the Clty Councl1 1S one method
of acqu1r1ng the new an~mal shelter slte. The princ~pal
advantage of th1S method is that the new animal shelter can be
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constructed ln a ffilnlmum amount of tlne. The escrow itself 1S
scheduled to close on or before July 1, 1975, at Wh1Ch t1~e the
Clty would be entitled to go upon the property and commence the
process of construction.
The alternative to th1s approach would be to proceed
upon the actlon ln eminent domain WhlCh has been cowmenced by
the Clty and to proceed on the basis of the inltlal appralsal
flgure of $124,000.00. In terms of estimating potentl~l costs,
although, lnltlally the procedure of condemnation would appear
more inexpensive, the delay which would be occasloned (approxlmately
four to twelve months resulting ln lncreased constructlon costs)
and the final Jury result ~lght result in a final figure
exceedlng that proposed in the attached agreements.
RECOHMENDATION:
It is respectfully recommended that the City Council,
lf approval 15 glven for proceedlng by way of agreement, through
escrow, adopt the attached resolutlon which authorlzes the Clty
Manager to execute all necessary documents and WhlCh authorlzes
the City Controller to lssue a warrant to be deposlted in escrow
in the sum of SIOO,l69.00.
Prepared by:
Rlchard L. Knickerbocker. City Attorney
Samuel I. Strelchman, Assistant City Attorney
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Attachments
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