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R-9383 . - :f\atty\muni\laws\mox\kardash.high City Council Meeting 03-23-99 Santa Monica, california RESOLUTION NO. 9383 (CCS) (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING ADVERTISEMENT REQUIREMENTS AND AUTHORIZING THE SALE OF EXCESS RIGHT-OF-WAY PROPERTY LOCATED AT THE SOUTHEAST CORNER OF DELAWARE AVENUE AND HIGH PLACE IN THE CITY OF SANTA MONICA WHEREAS, the city of Santa Monica ("City") has determined that the real property described in Section 2 of this Resolution (the "Property") is no longer needed for any city street purposes and that said property is not needed for any pUblic purpose; and WHEREAS, the City has received from Samuel Kardashian, doing business as Southern California Disposal Company and owner of real property adj acent to the Property, an offer to purchase the Property for the sum of SIXTY-FOUR THOUSAND THREE HUNDRED NINETY DOT~ARS AND FOUR CENTS ($64,390.04) which is the fair market value of the Property according to an appraisal analysis conducted by cityts consultant; and WHEREAS, pursuant to Santa Monica Municipal Code section 2.24.110, 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 1 . - WHEREAS, since the Property is less than 5,000 square feet in area, it is exempted from Government Code Section 54222 requirements that written offers to sell or lease the Property be sent to state and local recreation and housing agencies; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. Public advertising for bids on the Property described in section 2 of this Resolution is hereby waived because the adjacent property owner, Samuel Kardashian, has made an offer to purchase at a price equal to its fair market value, and to advertise would cause unnecessary expense and delay, would be unlikely to bring a higher price, and would not be in the best interest of the city. SECTION 2. Subject to compliance with all applicable provisions of State and local laws, the city Manager is hereby authorized to sell the Property depicted on Exhibit "A", Drawing No. 4579, and further described in the legal description set forth in Exhibit "B", attached hereto and incorporated herein by reference, to Samuel Kardashian. The purchase price for the Property is the sum of SIXTY-FOUR THOUSAND THREE HUNDRED NINETY DOLLARS AND FOUR CENTS ($64,390.04). The sale of the Property shall be subject to each and every condition set forth in the Agreement of Purchase 2 . - and Sale and Joint Escrow Instructions between the city and Samuel Kardashian. SECTION 3. The City Manager is authorized to execute all instruments and do all things necessary to effectuate the sale. SECTION 4. 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: ~~~~ MARSHA JON~ MOUTRIE City Attoriley F:\ATTY\MUNI\LAWS\MOX\KARDASH.HIG F:\ATTY\MUNI\LAWS\MOX\KARDASH HIG 3 . , . EXHIBIT irA" ~ (PoOSo SITE\\\ J:r I r , I ... ::. ... . - ., . '" .... . ... ... z . w I~ . w fr: <( 3: <( ...J W ,0 \4~LlA TACT I BLOCK 1. LOT 7 LOT 6 , to _ 20 "" scale : 1 - LEGEND: V / /".1 AREA TO BE VACATED FOR SALE APPROX 1238 SF t TY OF SANTA MONICA CI ENVlRONMEGEN~~ENT OEPARTUENT WORKS MANA '" AND PUBUCENGINEERING DIVISION - l10N Of' DELAWARE AVE AND MAP SHO'MNG POR VACA TED FOR SALE HIGH PLACE TO BE ~'~ ~1l""TTED ilY~'A BRITTON. P . - IitTE ~~~AO~ BY d:,41. E2.. .. ... !I HIGH PLACE itA" E.XHIBIT 'I <> OR"AotfltlG NO 5 4579 ~ SHEtT 1 or !l ~ llEFERENC( SIGNED Ill' , DRA'NI.I IlY e ZEIN. P E. C 1.4ER\.IAN CHECKED IlY . . EXHIBIT "B" LEGAL DESCRIPTION (DRAWING NO. 4519) PORTION OF DELAWARE AVENUE & HIGS 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: BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 7, BLOCK 1, OF SAID TRACT; THENCE ALONG NORTHWESTERLY LINE OF SAID LOT S45015'OO"W 55.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE N44045'OO"W 7.00 FEET; THENCE S45015'00"W 103.00 FEET; THENCE S12046'44"W 10.67 FEET; THENCE S4 4Q45' DonE 41.27 FEET; THENCE N4 5015' oonE 12 FEET MORE OR LESS TO A POINT ALONG THE SOUTHWESTERLY LINE OF SAID LOT LOCATED N44045'OO"W 10 FEET MORE OR LESS FROM THE MOST SOUTHERLY CORNER OF SAID LOT; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT N44045'OO"W 40 FEET MORE OR LESS TO THE MOST WESTERLY CORNER OF SAID LOT; THENCE ALONG THE SAID SOUTHWESTERLY LINE N45015 I DO"E 100.00 FEET t'~ORE OR LESS TO THE TRUE POINT OF BEGINNING. AREA = 1238 SQUARE FEET MORE OR LESS 1/5 /11 Da./;.e i s.\spl200\legItrk2 wpd 12/29/98 . . Adopted and approved this 23rd of March, 1999 ~1~ CJ2lt,. ~am O'Connor, Mayor -- I, Marla M Stewart, City Clerk of the City of Santa MOnica, do hereby certify that the foregoing Resolution 9383 (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, Rosenstem Noes Councllmembers None Abstain Councllmembers None Absent Council members None ATTEST c::- ~~~-~...J Mana M Stewart, City Clerk