Item 10-B

City Council Meeting 04-13-99 Santa Monica, California

TO: Mayor and Councilmembers

FROM: City Staff

SUBJECT: Recommendation to Hold a Public Hearing and Adopt a Resolution Ordering the Vacation of Excess Street Right-of-Way Located at the Southeast Corner of Delaware Avenue and High Place

This report recommends that the City Council hold a public hearing to hear comments from the public regarding the proposed vacation of excess street right-of-way located at the southeast corner of Delaware Avenue and High Place in conjunction with the Cloverfield Widening Project. This report also recommends the adoption of the attached resolution which will order the vacation of this excess street right-of-way.

On March 23, 1999, the City Council adopted Resolution Number 9383 (CCS) authorizing the sale of excess street right-of-way located at the southeast corner of Delaware Avenue and High Place to Samuel Kardashian, the adjacent property owner. The City Council also adopted Resolution Number 9384 (CCS) declaring its intention to order vacation of this excess street right-of-way and setting a public hearing on the proposed vacation for April 13, 1999. Notice of the public hearing has been published and posted in accordance with required provisions of the California Street and Highways Code.

The purchase price of the excess street right-of-way located at the southeast corner of Delaware Avenue and High Place is $64,390.04. Account Number 01-130-224-00000-0417-10000..

It is respectfully recommended that the City Council conduct the public hearing and adopt the attached resolution ordering the vacation of the excess street right-of-way located at the southeast corner of Delaware Avenue and High Place so that it may be sold to the adjacent property owner.

Prepared By:

Craig Perkins, Director Environmental & Public Works Management

Marsha Jones Moutrie, City Attorney

Anthony Antich, P.E., City Engineer

Linda A. Moxon, Deputy City Attorney

ATTACHMENT:

Resolution of the City Council Ordering the Vacation of Excess Street Right-Of-Way Located at the Southeast Corner of Delaware Avenue and High Place

City Council Meeting 04-13-99 Santa Monica, California

RESOLUTION NO.         (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 City has determined that the real property described in Section 1 and Exhibits "A" and "B" to this Resolution (the "Property") 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, on March 23, 1999, the City Council adopted Resolution No. 9383 (CCS) authorizing sale of the Property to the adjacent property owner, Samuel Kardashian; and

WHEREAS, on March 23, 1999, the City Council adopted Resolution No. 9384(CCS) setting the matter for public hearing and declaring its intent to vacate the Property in order to complete the sale; and

WHEREAS, on March 24, 1999, notices of the proposed vacation were posted as required by California Streets and Highways Code Section 8323; and

WHEREAS, a public hearing on this matter was held on April 13, 1999; and

WHEREAS, street vacation of this excess street right-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 City Council of the City of Santa Monica orders vacation of that excess street right-of-way located at the southeast corner of Delaware Avenue and High Place as depicted in Exhibit "A", Drawing No. 4579, and more fully described in the legal description set forth in Exhibit AB@. Exhibits "A" and "B" are attached hereto and incorporated herein by reference.

SECTION 2. In vacating said excess street right-of-way, the City Council of the City of Santa Monica reserves and excepts from the vacation, easements in favor of the City and public 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 utility facilities and improvements.

SECTION 3. From and after the date this Resolution is recorded, the excess street right-of-way shall no longer constitute a City of Santa Monica Street.

SECTION 4. 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 3, "General Vacation Procedure".

SECTION 5. Pursuant to California Streets and Highways Code Section 8336, 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 6. 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 JONES MOUTRIE

City Attorney