R11588City Council Meeting May 28, 2024 Santa Monica, California
RESOLUTION NUMBER 11 (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 19 th 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
1
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
51917578.2
2
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
3
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.
4
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
5
Exhibit A & B
Legal and Plat Map of Vacation Area per DWG No. 4828
6
MOHAMMAD DAKWAR
(LEGAL DESCRIPTION OF A QUITCLAIM AND A VACATION OF PORTIONS OF LOTS 8 AND 10
OF BLOCK 18 OF THE ERKENBRECHER SYNDICATE SANTA MONICA TRACT)
04/26/2024
LEGAL DESCRIPTION OF QUITCLAIM AND VACATION ON:
19TH COURT
7
MOHAMMAD DAKWAR
(PLAT OF A QUITCLAIM AND A VACATION OF PORTIONS OF LOTS 8 AND 10
OF BLOCK 18 OF THE ERKENBRECHER SYNDICATE SANTA MONICA TRACT)
04/26/2024
LEGAL DESCRIPTION OF QUITCLAIM AND VACATION ON:
19TH COURT
8
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: ________________________
51917578.2
710873-00932
9
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
10
Adopted and approved this 28th day of May, 2024.
__________________________
Phil Brock, Mayor
I, Nikima S. Newsome, Interim City Clerk of the City of Santa Monica, do hereby
certify that Resolution No. 11588 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 28th day of May, 2024, by the following vote:
AYES: Councilmembers de la Torre, Torosis, Davis, Parra, Zwick,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: None
ATTEST:
_____________________________________
Nikima S. Newsome, Interim City Clerk