City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends that the City Council accept certain real estate transfers and
authorize the City Manager to execute certain real estate transfers, easements
and license agreements related to the construction and operation of the
Exposition Light Rail Transit Project.
BACKGROUND:
The Exposition Metro Line Construction Authority (Authority) was created by
the California State Legislature to oversee the final design and construction of
the Metropolitan Transportation Authority (Metro) Exposition Light Rail Transit
Project (Expo LRT). The Authority has constructed Phase 1 of the Expo LRT,
consisting of the 9.6-mile Metro-owned Exposition Right-of-Way from the
existing Metro Light Rail Transit (LRT) station at 7th/Metro Center in
downtown Los Angeles to the Venice/Washington Boulevard area in Culver
City, the “Culver City Station”. Metro has been operating the Expo LRT since
June 20, 2012.
The construction of the Expo LRT project in Culver City, included work
involving realignment and reconstruction of Washington and National
Boulevards and related facilities, as well as realignments of various street cul-
de-sacs adjoining the northerly side of the Expo Right-of-Way, between
Washington Boulevard and Ballona Creek. The work also included the
Meeting Date: 12/10/2012 Item Number: C-6
CITY COUNCIL AGENDA ITEM: (1) Acceptance of Certain Real Estate Transfers
and (2) Authorization of the City Manager to Execute Certain Real Estate Transfers,
Easements, and License Agreements related to the Construction and Operation of
the Exposition Light Rail Transit Project.
Contact Person/Dept.: Charles D.
Herbertson/PW
Phone Number: (310) 253-5630
Fiscal Impact: Yes [X] No [] General Fund: Yes [ X ] No []
Public Hearing: [] Action Item: [] Attachments: []
Commission Action Required: Yes [] No [X] Date: ________________
Public Notification: (E-mail) Agenda and Meetings – City Council (12/07/12);
Department Approval:
Charles D. Herbertson (11/29/12)
City Attorney Approval:
Carol Schwab (by H. Baker) (12/06/12)
Chief Financial Officer Approval:
Jeff Muir (12/06/12)
City Manager Approval:
John M. Nachbar (12/07/12) City of Culver City, California
Agenda Item Report
construction of portions of the Expo project soundwalls and Bike Path on City
properties.
On September 12, 2011, the City Council approved the City entering into a
Financial Contribution Agreement with Metro (Agreement) in order to provide
for the City of Culver City’s local contribution towards the design and
construction of the Culver City Station component of the project. The
agreement included provisions for the City’s contribution to be made by
provisions of funds, credits for City in-kind contributions, real estate transfers
and licenses.
DISCUSSION:
The Agreement included certain provisions which identified certain real estate
transfers and licenses as being a part of the Agreement. Specifically, Section 2.4
of the Agreement acknowledges that each party will grant, convey and deed
certain specified real estate as provided in the Project Parcel Map and Real
Estate matrix attached as “Exhibit E” to the Agreement. In addition to the real
estate transfers, Section 2.3 of the Agreement acknowledges that the City and
Metro intended to build and operate a bike path on properties owned by the City
and by Metro. The Agreement stipulates that a license agreement would be
prepared to allow for the construction by the Authority and operation and
maintenance by the City, of the bike path.
The following is the matrix of the proposed property transfers and license
agreements:
Expo LRT Project Parcel Map and Real-Estate Matrix
Parcel Reference Number
Ownership Interest
Transferred / Rights
Conveyed
Transfer or Convey
From/To
FFP-152 – Portion of Howard
Industries property, to widen WB
Washington Bl. for public street
and right-of-way.
Permanent Street
Easement Deed
A & E Winter 1987
Trust to City
FFP-154 – Realigned WB
National Bl. roadway, between
Ballona Creek and Hayden Ave.
Grant Deed Metro to City
FFP-156 – Existing Washington
Bl. roadway crossing over Expo
Right-of-Way
Non-Exclusive Access
Easement Deed
Metro to City
FFP-158 – Portion of former Grant Deed City to Metro City of Culver City, California
Agenda Item Report
Wesley St. cul-de-sac.
FFP-160 – Northerly portion of
National Bl., between Hayden
Ave. and Wesley St.
Grant Deed City to Metro
FFP-163 – Portion of former
Agency-owned property at
northwest corner of Washington
and National Blvds., for future
roadway widening.
Grant Deed
Former
Redevelopment
Agency to City
(see note below)
FFP-173 – Westerly side of
National Bl. at Expo Right-of-
Way, for expanded sidewalk.
Grant Deed Metro to City
FFP-178 – Expo Transit Parkway
(Bike Path), including Metro and
City properties around the Expo
LRT Trackway, between Ballona
Creek and the intersection of the
Trackway and National Bl.; for
construction, operation and
maintenance of the Expo Bike
Path, and installation, operation
and maintenance of Expo LRT
and City street infrastructure.
Bikeway License
Agreement
Metro to City
WE-606 – Portion of Former
Agency-owned property (Hull
Parking Lot) to construct and
expand adjacent to Wesley St.
cul-de-sac.
Grant Deed
Former
Redevelopment
Agency to City
(see note below)
WE-611 - Portion of former
Wesley St. cul-de-sac.
Quit Claim Deed City to Metro
WE-667 – Easterly side of Helms
Ave. to realign and construct
adjacent cul-de-sac.
License and Indemnity
Agreement
D & E Beri Family
Trust to City
WE-676 – Former portion of
Helms Ave. cul-de-sac.
Quit Claim Deed City to Metro
The Director of Public Works/City Engineer has reviewed the above real
estate transfer documents and found them to be technically correct.
The City Council has previously accepted two (2) additional real estate
transfers related to the construction of the Expo LRT Project. In December
2009, the City accepted a Grant Deed for a portion of 3425 Helms Avenue for
the realignment of the Helms Avenue cul-de-sac. And, in May 2011, the City
accepted a Grant Deed for a portion of 8770 and 8786 Washington Boulevard City of Culver City, California
Agenda Item Report
for the construction of a public sidewalk along the easterly side of National
Boulevard.
No additional real estate transfers are anticipated for the construction of the
Expo LRT Project.
Note that two parcels involve transference of property once owned by the Former
Culver City Redevelopment Agency. Those transfers may be subject to the
approval of the Successor Agency, the Oversight Board, and the State
Department of Finance. Given the recent decision of the State Department of
Finance to not approve real estate transfers until the Long Range Property
Management Plan is completed, actual conveyance of these parcels may not be
approved until sometime in 2013 or beyond. Such transfers will only be recorded
upon receipt of any applicable approval by the Oversight Board and State
Department of Finance.
FISCAL ANALYSIS:
Pursuant to the Agreement, the real estate transfers are to be granted, conveyed
and deeded at “no additional cost or expense” to the City and/or Metro.
However, the City will incur on-going costs for the operation and maintenance of
the Expo Bike Path and related lighting, signage, landscape and irrigation,
including utility costs. An initial estimate of the potential annual on-going cost to
the City’s General Fund is approximately $50,000 to $75,000. Additional cost will
also be incurred as a result of ongoing graffiti abatement along the Expo Bike
Path.
MOTIONS:
That the City Council
1. Approve the acceptance of, and transfer of certain real estate transfers;
and,
2. Approve a Bikeway License Agreement; and,
3. Authorize the City Attorney to review/prepare the necessary documents;
and,
4. Authorize the City Manager to execute such documents on behalf of the
City.