City Council Meeting July 28, 2026 Santa Monica, California
RESOLUTION NUMBER (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA, SUMMARILY VACATING AND QUITCLAIMING A PUBLIC SERVICE
UTILITY EASEMENT AND CITY SEWER FACILITIES LOCATED WITHIN ROOSEVELT
ELEMENTARY SCHOOL CAMPUS AT
801 MONTANA AVENUE, SANTA MONICA, CA 90403 (APN: 4280-022-900) WHEREAS, the City of Santa Monica (City) received a request from the Santa Monica-Malibu Unified School District (“District”) to vacate and quitclaim (Quitclaim Deed) a public service utility easement and line for a segment of the City-owned 8-inch sewer line (“Sewer Facilities”), Sewer Line No. 1373, located between Manholes 610 and 612, from Alta Avenue to Montana Avenue, which traverses through the Roosevelt Elementary School campus located at 801 Montana, Santa Monica (“Campus”); and WHEREAS, the vacation and quitclaim are sought to accommodate the District’s Roosevelt Elementary School Campus Plan Project, which includes the construction of a new TK/K Classroom and Library Building; and
WHEREAS, the Sewer Facilities segment proposed for vacation is located entirely within the Campus and currently conveys wastewater flow between Manholes 610 and 512, extending from Alta Avenue to Montana Avenue; and
WHEREAS, once the District completes the required sewer rerouting and campus improvements, the existing City-owned 8-inch sewer line traversing the Campus will no longer be necessary for municipal purposes, and the City will have no future operational need for the Sewer Facilities; and
WHEREAS, pursuant to a Memorandum of Understanding executed between the City and the District on April 2, 2026, the District has agreed to design, construct, operate, and maintain all rerouted and existing sewer facilities located within the Campus at the District’s sole cost and responsibility once the vacation and quitclaim are effectuated; and WHEREAS, consistent with the Quitclaim Deed, the District has been granted an opportunity to fully inspect the Sewer Facilities and related public service utility easement prior to accepting the transfer, and the District will accept the Sewer Facilities and related easement in their existing “as is” condition, with no warranty or representation by the City as to title, condition, or suitability for any purpose; and WHEREAS, upon recordation of the Resolution and the Quitclaim Deed, the District will assume ownership of the Sewer Facilities and related public service utility easement and will be solely responsible for the operation, maintenance, repair, replacement, and all other obligations associated with the Sewer Facilities and related easement, at the District’s sole cost and responsibility; and WHEREAS, the District will indemnify, defend, and hold harmless the City and its officers, officials, employees, agents, and volunteers from and against any and all claims, damages, liabilities, losses, costs, and expenses arising from or related to the District’s ownership, operation, maintenance, repair, replacement, use, or condition of the City Sewer Facilities and related easement following the vacation and quitclaim; and WHEREAS, the area proposed for vacation is more particularly described in the attached Exhibit A (Legal Description) and depicted on the attached Exhibit B (Plat Map), part of Drawing No. 4839, both of which are incorporated herein by this reference, and encompasses approximately 16,500 square feet (0.379 acres) within the Campus; and WHEREAS, the City has no current or prospective future use for the public service utility easement proposed for vacation and, therefore, staff recommends that the easement 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, including Streets and Highways Code sections 8333(c), 8335, and 8336; and
WHEREAS, the City’s Public Works Department has reviewed the proposed vacation pursuant to Streets and Highways Code section 8313 and Government Code section 65402 and has found the vacation to be in conformance with the City’s 2010– 2030 Land Use and Circulation Element; and
WHEREAS, the proposed vacation and quitclaim of the public service utility easement is categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines sections 15301 (Existing Facilities) and 15061(b)(3), as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment; and
WHEREAS, all entities having any right, title, or interest in the public service utility easement being vacated and quitclaimed have been notified of this action; and WHEREAS, from and after the date this Resolution and the Quitclaim Deed are recorded in the Official Records of Los Angeles County, the public service utility easement and the City’s right, title, and interest in the City Sewer Facilities located within the Campus shall be vacated and quitclaimed to the District.
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 exhibits 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 public service utility easement described in Exhibit A and depicted in Exhibit B constitutes excess public service easement area and is not required for present or prospective public use, and hereby orders the summary vacation of the easement.
SECTION 3. The City Council finds and declares that the City’s right, title, and interest in the public service utility easement and City Sewer Facilities located within the Campus shall be quitclaimed to the District in their existing “as is” condition, with no warranty or representation by the City as to title, condition, or suitability for any purpose.
The District shall assume ownership of the City Sewer Facilities and related easement, shall be solely responsible for the operation, maintenance, repair, replacement, and all other obligations associated with the City Sewer Facilities and related easement going forward, and shall indemnify, defend, and hold harmless the City and its officers, officials, employees, agents, and volunteers from and against any and all claims, damages, liabilities, losses, costs, and expenses arising from or related to the District’s ownership, operation, maintenance, repair, replacement, use, or condition of the City Sewer Facilities and related easement following the vacation and quitclaim.
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.
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.
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:
_________________________
HEIDI VON TONGELN
City Attorney
Exhibit A & B
Legal and Plat Map of Vacation Area per DWG No. 4839
S a n t a M o n i c a
M I CHAE L E . JOHNSON
The land referred to herein below is situated in the city of Santa Monica, in the county of Los Angeles, state of California, and is described as follows:
All that portion of Block "B", of Tract no. 2743, in the city of Santa Monica, county of Los Angeles, state of California, as per map recorded in Book 28, Page 7, of Maps, in the office of the County Recorder of said county, being that certain alley, 20 feet wide, lying within said block, and shown on the map of said tract, which was vacated by Ordinance no. 615 on August 24, 1931.
This description contains an area of 16,500 square feet (0.379 acres), more or less.
A plat showing the above-described parcel is attached hereto and made a part hereof as “Exhibit B”.
This legal description and associated plat was prepared by me or under my direction in conformance with the requirements of the Professional Land Surveyor's Act. _________________________ __________ Michael E. Johnson, PLS 7673 Dated
END OF DESCRIPTION
06/25/2026
4839
M I CHAEL E . JOHNSON
06/25/2026
PREPARED UNDER MY DIRECTION
_________________________________ MICHAEL E. JOHNSON P.L.S. 7673 DATE: ___________________________
S a n t a M o n i c a
4839
EXHIBIT C
FORM OF QUITCLAIM DEED
Recording requested by
and when recorded return to
and mail tax statements to:
CITY OF SANTA MONICA
1685 Main Street, Mail Stop 15
Santa Monica, CA 90401
______________________________________________________________________
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
Exempt from recording fee - California Government Code Section 6103
QUITCLAIM DEED BETWEEN
CITY OF SANTA MONICA AND
SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT
THIS QUITCLAIM DEED for the transfer of certain sewer facilities and related rights (hereafter, "Quitclaim Deed") is made and entered into this ____ day of ____________, 2026, by and between the CITY OF SANTA MONICA, a municipal corporation ("Grantor"), and the SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT, a California public school district ("Grantee").
Grantor owns and operates certain local sewer facilities, including the City-owned 8-inch sewer line, Sewer Line No. 1373, located between Manholes 610 and 612, from Alta Avenue to Montana Avenue, within the Roosevelt Elementary School campus at 801 Montana Avenue, Santa Monica, California (collectively, the "Facilities"). This Quitclaim Deed documents and memorializes the transfer of Grantor's right, title, and interest in the Facilities and related public service utility easement to Grantee. Grantee will operate and maintain the Facilities that are the subject of this Quitclaim Deed as part of its campus facilities.
NOW, THEREFORE, Grantor and Grantee agree as follows:
1. Grant of Sewer Facilities
Grantor does hereby quitclaim, grant, convey, and transfer to Grantee all of Grantor's right, title, and interest in and to the Facilities and the related public service utility easement located within the Roosevelt Elementary School campus, as described in Exhibit "A" and shown visually in Exhibit "B," attached hereto and incorporated herein by this reference. In the event of any apparent discrepancy between Exhibits "A" and "B," Exhibit "A" shall control.
This Quitclaim Deed shall also convey any underlying right-of-way interest necessary to operate and maintain the Facilities within the campus.
2. No Warranty of Title or Condition
Grantor makes no warranty or representation of any kind regarding its title to the Facilities or related easement, the condition of the Facilities, or the suitability of the Facilities for any purpose. Grantee has been granted an opportunity to fully inspect the Facilities and accepts the Facilities "as is."
3. Assignment
The benefits and burdens of this Quitclaim Deed shall be binding upon and inure to all successors-in-interest and assigns of the parties.
4. Further Assurances
Each party agrees to execute and deliver any additional documents and instruments, and to take any further actions, reasonably necessary to carry out the purposes and intent of this Quitclaim Deed.
5. Entire Agreement
This Quitclaim Deed, together with the City Resolution authorizing the vacation and quitclaim and the exhibits attached hereto, constitutes the entire agreement between Grantor and Grantee regarding the subject matter of this Quitclaim Deed, including all representations and warranties between them.
6. Notices
Notices relating to this Quitclaim Deed must be in writing and sent to the addresses set forth below. A party may change its address for notices by giving notice as required by this Section. A written notice will be considered given (i) when personally delivered, or (ii) two business days after deposit in the United States Mail as first class mail, certified or registered, return receipt requested with postage prepaid, or (iii) one business day after deposit with a reputable overnight delivery service for next business day delivery, or (iv) on the business day of successful transmission by electronic mail. The parties' addresses for notices are as follows:
To Grantor: City of Santa Monica
Attn: City Engineer
1685 Main Street, Mail Stop 15
Santa Monica, CA 90401
To Grantee: Santa Monica-Malibu Unified School District Attn: Superintendent
1717 4th Street
Santa Monica, CA 90401
7. Governing Law
This Quitclaim Deed shall be governed by and construed in accordance with the laws of the State of California.
8. Authority
Each party warrants that the individuals who have signed this Quitclaim Deed on its behalf have the legal power, right, and authority to make this agreement and bind each respective party.
IN WITNESS WHEREOF, this Quitclaim Deed has been executed by the parties hereto. [Signatures on the following page.]
APPROVED AS TO FORM:
By___________________________
Heidi von Tongeln, City Attorney
GRANTOR:
CITY OF SANTA MONICA
By: ___________________________
Printed Name: __________________
Title: _________________________
Date: __________________________
GRANTEE:
SANTA MONICA-MALIBU UNIFIED
SCHOOL DISTRICT
By: ___________________________
Printed Name: __________________
Title: _________________________
Date: __________________________
SANTA MONICA-MALIBU UNIFIED
SCHOOL DISTRICT
By: ___________________________
Printed Name: __________________
Title: _________________________
Date: __________________________
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 LOS ANGELES )
On ____________________, before me, , Notary Public, personally appeared _______________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of which the person 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 ________________________________ (seal)