-1-
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
30 31
32 RESOLUTION NO. 2022-R____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CULVER
CITY DECLARING CITY OWNED PROPERTY, AS DESCRIBED
HEREIN, TO BE EXEMPT SURPLUS LAND PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION 54221(f)(1)( B) AND AUTHORIZING CITY STAFF TO TAKE RELATED ACTIONS.
WHEREAS, the City and 3727 Robertson , LLC , a California limited liability company (the “Developer”) have entered into a Disposition and Development Agreement (as amended from time to time, the “DDA”), relating to, among other thing s, the retention by the Developer of certain real property now owned by the Developer at 3727 Robertson Boulevard and referred to in the DDA as the “Developer Parcel”, the conveyance to the Developer by the City of certain real property now owned by the Ci ty at 3725 Robertson Boulevard and referred to in the DDA as the “City Parcel”, and the development, operation and use of the Developer Parcel and the City Parcel as one property, pursuant to the terms and requirements of the DDA, including the development and use of the Affordable Housing Units as defined in the DDA; and
WHEREAS, the Surplus Land Act (the “Act”) requires a local agency to declare certain properties as either “surplus land” or “exempt surplus land” before taking action to dispose of those properties; and
WHEREAS, California Government Code Section 54221(f)(1)( B) of the Act defines “exempt surplus land”, in part, as surplus land that is less than 5,000 square feet in area and is not contiguous to land owned by a state or local agency that i s used for open - space or low- and moderate-income housing purposes, provided that the surplus land is sold to an owner of contiguous land; and
-2-
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
30 31
32 WHEREAS, as the City Parcel (at 1,020 square feet in area) is less than 5,000 square feet in area, is not contiguous to land owned by a state or local agency that is used for open-space or low - and moderate -income housing purposes, and would be sold to the Developer, who is the owner of contiguous land (the Developer Parcel), the City Parcel qualifies as “exempt surplus land” as defined in California Government Code Section 54221(f)(1)(B) of the Act; and
WHEREAS, California Government Code Section 54222.3 of the Act provides that “This article shall not apply to the disposal of exempt surplus land as defined in Sect ion 54221 by an agency of the state or any local agency”; and WHEREAS, the City desires to declare the City Parcel as “exempt surplus land”.
NOW, THEREFORE, the City Council of the City of Culver City, DOES HEREBY RESOLVE as follows:
SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.
SECTION 2. The City hereby declares the City Parcel as “ exempt surplus land” as defined in California Government Code Section 54221(f)(1)(B) of the Act. The City Parcel is less than 5,000 square feet in area, not contiguous to land owned by a state or local agency that is used for open -space or low - and moderate-income housing purposes and is intended to be sold to a contiguous property owner. The City Parcel is 1,020 square feet in area and is to be sold to the Developer, who is the owner of contiguous land (Developer Parcel).
SECTION 3. The City Council hereby authorizes and directs the City Manager of the City, or designee, to administer the City’s obligations, responsibilities, and duties to be performed pursuant to this Resolution and all documents, instruments, and agreements required by and for the sale and transfer of the City Parcel to the Developer.
-3-
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
30 31
32 SECTION 4. If any provision of this Resolution or the applic ation of any such provision to any person or circumstance is held invalid, then such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.
SECTION 5. This Resolution shall take effect upon the date of its adoption.
APPROVED AND ADOPTED, this ___ day of ______________, 2022.
DR. DANIEL LEE, Mayor
ATTEST: APPROVED AS TO FORM:
JEREMY BOCCHINO, City Clerk HEATHER BAKER , City Attorney