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City Council Meeting May 28, 2024 Santa Monica, California
RESOLUTION NUMBER (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA, SUMMARILY VACATING AND TRANSFERRING FEE INTEREST IN A REMNANT PARCEL (“TURNAROUND AREA”) LOCATED AT
1717 19TH STREET, SANTA MONICA, CA 90404 (APN 4275-028-014) WHEREAS, Hillel Kellerman as Trustee of The Kellerman Family Trust under that certain Trust Agreement dated November 17, 1980, as amended, has requested that the City (i) vacate a portion of land (approximately 592 square feet) previously deeded for public right-of-way purposes located at 1717 19th Street as indicated in the maps attached to this Resolution as Drawing No. 4828 (“Turnaround Area”) per Exhibit A & B, and (ii) transfer the City’s fee interest in the real property on which the Turnaround Area is located to HPS Santa Monica Properties, LLC, a California limited liability company ( “Grantee”), the current owner of the 1717 19th Street property; and WHEREAS, the State of California (“State”) acquired a fee interest in the Turnaround Area pursuant to Grant Deed (Individual) recorded August 6, 1962 in Book D1710, Page 488, Official Records of Los Angeles County (“Official Records”), and then transferred said interest to the City pursuant to Relinquishment of Highway Right-of-Way in the City of Santa Monica, Road 07-LA-10, 1-2.1.4.3, 34.6-34.9 Request No. 430, recorded in the Official Records on December 22, 1966, as document no. 2585; and WHEREAS, since the Kellerman family first acquired the 1717 19th Street property in 1962 and continuing to date, real property taxes on all of APN 4275-028-014 (including the Turnaround Area) have been paid by the property owner or its tenants, and the Los 51917578.2
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Angeles County Tax Assessor’s records do not reflect the City’s separate fee ownership of the Turnaround Area; and
WHEREAS, the Turnaround Area was likely used by the State as a vehicular turnaround area during the construction of the 10 freeway, and is characterized as a paper street because it exists on maps recorded with Los Angeles County but does not exist in the physical, built environment; and
WHEREAS, the City has no current or prospective future use for the Turnaround Area and, therefore, staff recommends that the Turnaround Area be summarily vacated; and
WHEREAS, the proposed summary vacation is made in accordance with Chapter 4, Division 9 of the California Streets and Highways Code; and WHEREAS, the staff further recommends that the City’s fee interest in the real property on which the Turnaround Area is located be transferred to Grantee, by execution and recordation of a Quitclaim Deed in the form attached as Exhibit C to this Resolution (the “Quitclaim Deed”); and
WHEREAS, the City is not formally required to make a declaration at a public meeting for land that is “exempt surplus land” pursuant to subparagraph (E) of Government Code section 54222(b)(4), which exempts, “surplus land that is a former street, right of way, or easement, and is conveyed to an owner of an adjacent property” and
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WHEREAS, from and after the date this Resolution is recorded in the Official Records, the Turnaround Area vacated will no longer constitute a street, highway, or public service easement; and
WHEREAS, from and after concurrent recordation of the Quitclaim Deed in the Official Records, the City’s fee interest in the real property on which the Turnaround Area has been located will vest in Grantee; and
WHEREAS, all entities having any right, title, or interest in the Turnaround Area being vacated, and the City’s fee interest in the real property on which the Turnaround Area is located being transferred to Grantee, have been notified of this action.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby finds and determines that the recitals of this Resolution, and maps referenced therein, are true and correct and are hereby incorporated into this Resolution as though fully set forth herein.
SECTION 2. The City Council hereby finds and declares that the Turnaround Area constitutes excess right-of-way and is not required for street or highway purposes, and hereby orders the summary vacation of the Turnaround Area.
SECTION 3. The City Council finds and declares that the City’s fee interest in the real property on which the Turnaround Area is located shall be transferred to the Grantee.
SECTION 4. The City Clerk shall cause a certified copy of this Resolution, attested by the City Clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof in the office of the Los Angeles County Recorder. 51917578.2
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SECTION 5. The City Clerk shall cause a Quitclaim Deed in the form attached to this Resolution to be executed on behalf of the City, notarized and recorded in the Official Records.
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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:
_________________________
Douglas Sloan, City Attorney
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Exhibit A & B
Legal and Plat Map of Vacation Area per DWG No. 4828
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EXHIBIT C
FORM OF QUITCLAIM DEED
Recording requested by
and when recorded return to
and mail tax statements to:
HPS SANTA MONICA PROPERTIES, LLC
_________________________
_________________________
_________________________
SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE
QUITCLAIM DEED
[City to supply any necessary language regarding DTT exemption] The CITY OF SANTA MONICA (“Grantor”), hereby GRANTS to HPS SANTA MONICA PROPERTIES, LLC, a California limited liability company (“Grantee”), all of that certain real property in the City of Santa Monica, County of Los Angeles, State of California, described in Exhibit A and depicted on Exhibit B attached hereto and incorporated herein by this reference (the “Property”).
This conveyance is made in accordance with City Resolution No. ____ recorded concurrently herewith.
IN WITNESS WHEREOF, the undersigned hereby execute this instrument as of the ____ day of __________________, 2024
GRANTOR:
CITY OF SANTA MONICA
By: ___________________________
Name: ________________________
Title: ________________________
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of _____________________ )
On ____________________, before me, ____________________________, Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
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EXHIBIT A-2
DEPICTION OF PROPERTY