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HomeMy WebLinkAbout603ORDINANCE NO. 603 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, COUNTY OF LOS ANGELES, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT AND RELATED CATEGORICAL EXEMPTION FOR A TEMPORARY CONTRACTOR'S STORAGE YARD AT 1270 ARROW HIGHWAY A. RECITALS (i) California Government Code Sections 65864 et seq. ("Development Agreement Law") authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning and identifying the economic costs of such development. (ii) Attached to this Ordinance, Marked Exhibit "A" and incorporated herein by reference, is a Development Agreement, which hereinafter is referred to as "the Development Agreement." (iii) American Civil Constructors West Coast, hereinafter in this Ordinance referred to as "Developer", has a leasehold interest to that certain portion of real property generally located on the northeast perimeter of the 72 -acre JH Pit west of the San Gabriel River (1-605) Freeway, , legally described within the Development Agreement, and situated on the real property in the City of Irwindale, County of Los Angeles, California, specifically located at1270 Arrow Highway, as described within the Development Agreement (the "Site"). Developer wishes to legalize an existing contractor's storage yard. Irwindale Partners, LP, aka JH Holdings ("JH") is the owner of legal and/or equitable interest in the Site and thus qualified to enter into this Agreement in accordance with Development Agreement Law. (iv) The Site is located within the City's M-2 Zone (Heavy Manufacturing) and designated by the Land Use Designation of the General Plan as Industrial. (v) On May 4, 2006, the Planning Commission of the City, at a duly noticed hearing to consider the approval of this Agreement and related categorical exemption, adopted Resolution No. 464(05) recommending approval of this Agreement and the Categorical Exemption. (vi) City finds and determines that all actions required of City precedent to approval of this Agreement by Ordinance No. 603 of the City Council have been duly and regularly taken. Ordinance No. 603 Page 1 (vii) All legal prerequisites to the adoption of this Ordinance have occurred. B. ORDINANCE NOW, THEREFORE, the City Council of the City of Irwindale hereby does ordain as follows: (i) In all respects as set forth in the Recitals, Part A of this Ordinance. (a) Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA), the City as Lead Agency, has analyzed the project, and has determined that the Proposed Project is Categorically Exempt pursuant to Section 15304 (Minor Alterations to Land). (b) The City Council hereby specifically finds and determines that, based upon the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the Project, no significant adverse environmental effects will occur. (c) The City Council hereby specifically finds and determines that, having considered the record as a whole, there is no evidence that the Project contemplated by the Development Agreement, and as conditioned, will not have a potential for an adverse impact on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence presented in the record before this Council, this Council rebuts the presumption of adverse effect contained in Subsection 753.5 (d) of Title 14, California Code of Regulations. Notwithstanding the provisions of this paragraph, the Applicant shall pay all fees required for the filing of a Notice of Determination and any fees imposed by the California Department of Fish and Game prior to the issuance of building permits. (ii) The City Council has found that this Agreement is in the best public interest of the City and its residents, adopting this Agreement constitutes a present exercise of the City's police power, and this Agreement is consistent with the City's General Plan. This Agreement and the proposed Project will achieve a number of City objectives including removing blight and revitalizing and reutilizing the Sites and the immediate vicinity, assuring that redevelopment within the Irwindale Community Redevelopment Agency's Industrial Development Project area is not hampered by the presence of a contractor's storage yard by assuring that all materials and equipment on the Site are removed upon expiration or termination of this Agreement, and by providing for the maintenance of the Site for the term of the Development Agreement. (iii) It is expressly found that the public necessity, general welfare and good zoning practice require the approval of the Development Agreement. (iv) This City Council hereby approves the Development Agreement attached hereto as Exhibit "A." Ordinance No. 603 Page 2 (v) The City Council hereby authorizes and directs the Mayor and the City Clerk to execute the Development Agreement on behalf of the City of Irwindale forthwith upon adoption of this Ordinance. (vi) The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published and/or posted at the designated locations in the City of Irwindale. PASSED, APPROVED, and ADOPTED this 28th day of June 2006. ATTEST: 11 a J. Kimb M Deputy City Clerk 1Z Julian A. M rands, Maydr Ordinance No. 603 Page 3 STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } ss. CITY OF IRWINDALE } I, Linda J. Kimbro, Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Ordinance No. 603 was duly introduced at a regular meeting of the Irwindale City Council held on the 14th day of June 2006, and was duly approved and adopted on second reading at its regular meeting held on the 28th day of June 2006, by the following vote of the Council: AYES: Councilmembers: Breceda, Fuentes, Tapia, Ortiz, Mayor Miranda NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None L' J. Kimbr C Deputy City Clerk AFFIDAVIT OF POSTING I, Linda J. Kimbro, Deputy City Clerk, certify that I caused a copy of Ordinance No. 603 adopted by the City Council of the Ci of Irwindale at its regular Tneeting held June 28, 2006 to be posted at the City Hall, Library, and Post Office on July 3, 2006. Li . Kimbro, C C Dated: July 3, 2006 Depu y City Clerk Ordinance No. 603 Page 4 Recording Requested by And When Recorded Return to City of Irwindale 5050 North Irwindale Avenue Irwindale, CA 91706 Attn City Clerk [Exempt From Recording Fee Per Gov Code §61031 DEVELOPMENT AGREEMENT NO 2-05 This Development Agreement ("Agreement") is entered into this 28th day of June, 2006, ("Effective Date") by and between the CITY OF IRWINDALE ("City"), and AMERICAN CIVIL CONSTRUCTORS WEST COAST, a California Corporation ("Developer") Irwindale Partners, LP, aka JH Holdings, ("Owner"), and USA Waste of California, Inc ("Tenant") RECITALS A California Government Code Sections 65864, et seq ("Development Agreement Law") authorize cities to enter into binding development agreements with people who have a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning, and identifying the economic costs of such development B Owner is the owner of that certain real property commonly known as "United Rock Products Pit No 1" which is located along Arrow Highway, as legally described in Exhibit A attached hereto (collectively, the "Property") The Property totals approximately 72 acres The Property is located within the City's Heavy Manufacturing Zone (M-2) and is designated by the Land Use Designation of the General Plan as Industrial C Tenant is currently leasing that portion of the Property shown on the reap attached as Exhibit "B" as the "Lease Site" D Developer has been awarded a contract to resurface existing concrete paving along portions of the 605 Freeway ("Caltrans Project") and requires a staging area for this work Accordingly, Developer and Tenant have entered into a sublease pursuant to which Developer is subletting a three (3) acre portion of the Lease Site which is located at the northeast corner of the 605 Freeway and Arrow Highway, between Live Oak and Buena Vista, as indicated on the map attached as Exhibit "B" ("Sublease Parcel") and which is commonly referred to as 1270 E Arrow Highway As a subtenant Developer has an interest in the Sublease Parcel and thus may enter into this Agreement, relating to the development and use of real property, in accordance with Development Agreement Law E Developer has begun using the Sublease Parcel as a construction staging area ("Development") for the Caltrans Project Accordingly, the City and Developer enter into this - 1 - Agreement to memorialize the scope of the entitlement provided by City to Developer on the Sublease Parcel for the Caltrans Project, as more particularly described herein F On April 6 2006, the City's Planning Commission, after conducting a duly noticed public hearing regarding this Agreement, adopted (1) Resolution No 464(05) recommending approval of this Agreement to the City Council, adopting a Notice of Exemption for the Caltrans Project G On June 14, 2006, the City Council, after conducting a duly noticed public hearing, found that this Agreement is in the public interest of the City and its residents, that adopting this Agreement constitutes a present exercise of the City's police power, and that this Agreement is consistent with the City's General Plan The purpose of this Agreement is to set forth the rules and regulations applicable to the Developer's use of the Sublease Parcel in connection with the Caltrans Project Developer acknowledges that one of the City's primary objectives in entering into this Agreement is to allow Developer to undertake the Caltrans Project in a manner that protects the health and safety of the City residents as well as commuters who use the 605 and Arrow Highway H City finds and determines that all actions required of City precedent to approval of this Agreement by Ordinance No 603 of the City Council have been duly and regularly taken COVENANTS NOW, THEREFORE in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows ARTICLE I DEFINITIONS AND EXHIBITS 1 1 Definitions This Agreement uses a number of terms having specific meanings, as defined below These specially defined terms are distinguished by having the initial letter capitalized when used in the Agreement The defined terms include the following 1 1 1 "Agreement" means this Development Agreement and all attachments and exhibits hereto 1 12 "Caltrans" means the State of California Department of Transportation 1 13 "Caltrans Project" means the Caltrans improvement project to resurface existing concrete pavement along portions of the 605 Freeway which Developer is undertaking and which necessitates Developer's use of the Sublease Parcel as described herein 1 14 "City" means the City of Irwindale, a California municipal corporation 1 1 5 "City Council" means the City Council of the City -2- 1 16 "Design Standards" shall mean those general and specific development standards applicable to the Sublease Parcel which regulate certain aspects of development including, but not limited to, lot size, building square footages, lot coverage, parking, building height and design, setbacks, signage, landscaping, access and layout, as approved by the City and as modified from time to time 1 17 "Developer" means American Civil Constructors, a California , the subtenant under a sublease agreement with Tenant encompassing the Sublease Parcel 1 18 "Development" means the improvement and use of the Sublease Parcel by Developer as a staging area for the Caltrans Protect, while providing aesthetic and health and safety protections for the City's residents and commuters 1 19 "Development Approvals" means the approved Development, based on the recommended approval by the Planning Commission on April 6, 2006, pursuant to Resolution No 464(05) of the Development Agreement and adopting a Notice of Exemption and approval of the City Council by Ordinance No 603 on June 14, 2006, as further described at Section 3 3 herein 1 1 10 "Development Plan" means the proposed plan for Development of the Property as described in the Scope of Development and Use attached as Exhibit "C" 1 1 11 "Effective Date" means the date inserted into the preamble of this Agreement, which is the date this Agreement was approved by ordinance of the City Council 1 1 12 Existing Land Use Regulations means the Land Use Regulations which have been adopted and are effective on or before the Effective Date of this Agreement 1 1 13 "Land Use Regulations" means all ordinances, laws, resolutions, codes, rules, regulations, policies, requirements, guidelines or other actions of City, including but not limited to the City's General Plan, any applicable Specific Plan, and Municipal and Zoning Codes, and including any applicable development impact fees, which affect, govern or apply to the development and use of the Sublease Parcel, including, without limitation, the permitted use of land, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to the Development, subject to the terms of this Agreement Land Use Regulations shall also include, but not be limited to, NPDES regulations The term Land Use Regulations does not include, however, regulations relating to the conduct of business, professions, and occupancies generally, taxes and assessments, regulations for the control and abatement of nuisances, uniform codes, utility easements, encroachment and other permits and the conveyances of rights and interests which provide for the use of or entry upon public property, any exercise of the power of eminent domain, health and safety regulations, environmental regulations, or similar matters or any other matter reserved to the City pursuant to Article 3 -3- 1 1 14 "Lease Site" means that portion of the Property upon which the Tenant has a right to use and occupy pursuant to its Lease with Owner, as indicated on Exhibit "B" 1 1 15 "Owner" means Irwindale Partners, LP aka JH Holdings, the Owner of the Property 1116 "Property" means that real property commonly referred to as 1270 E Arrow Highway, which totals approximately 72 acres, which is descnbed on Exhibit "A" and depicted on Exhibit B 1 1 17 "Reservation of Authority" means the rights and authority excepted from the assurances and rights provided to Developer under this Agreement and reserved to City under Section 3 6 of this Agreement 1 1 18 "Schedule of Performance" means the schedule for the development and use of the Sublease Parcel set forth at Exhibit "D" attached hereto 1 1 19 Scope of Development and Use means the authorized manner of development and use of the Sublease Parcel as set forth at Exhibit "C" attached hereto 1120 "Sublease Parcel" means that three (3) acre portion of the Lease Site which Developer is authorized to use pursuant to a Sublease with Tenant, as indicated on Exhibit "B" 1 121 "Subsequent Development Approvals" means all Development Approvals issued subsequent to the Effective Date in connection with Developer's use and development of the Sublease Parcel 1 122 "Subsequent Land Use Regulations" means any Land Use Regulations which become effective after the Effective Date of this Agreement (whether adopted prior to or after the Effective Date of this Agreement) which govern the development and use of the Sublease Parcel 1 123 "Tenant" means USA Waste of California, Inc, holder of a leasehold estate in the Lease Site, which is a portion of the Property 1 124 "Term" shall have the meaning set forth in Section 2 4 of this Agreement 12 Exhibits The following documents are attached to, and by this reference made a part of, this Agreement Exhibit A (Legal Description), Exhibit B (Map), Exhibit C (Scope of Development and Use), and Exhibit D (Schedule of Performance) ARTICLE II GENERAL. PROVISIONS 21 Binding Effect of Agreement From and following the Effective Date, actions by the City and Developer with respect to the Sublease Parcel, including actions by the City on applications for Subsequent Development Approvals affecting the Sublease Parcel, shall be subject to the terms and provisions of this Agreement -4- 22 Ownership of Property As explained in the Recitals above, Owner owns the fee interest in the Property, Tenant leases a portion of the Property, the Lease Site, and Developer is a sublessee of the Sublease Parcel, which is a portion of the Lease Site Thus, City and Developer acknowledge and agree that Developer has a legal or equitable interest in the Sublease Parcel which qualifies Developer to enter into and be a party to this Agreement under Development Agreement Law Developer agrees that it shall maintain its legal or equitable ownership interest in the Sublease Parcel for the entire Term of this Agreement Additionally, prior to the execution of this Agreement, Developer shall provide the City with a copy of the Lease and Sublease which demonstrate that Developer has a leasehold interest in the Sublease Parcel 23 No Assignment This Agreement shall not be assigned Developer shall not sublet any portion of the Sublease Parcel or otherwise authorize a third party to use any portion of the Sublease Parcel 24 Term of Agreement Unless earlier terminated as provided in this Agreement, this Agreement shall continue in full force and effect until the date that is two (2) years from and after the Effective Date The parties may agree in writing to one (1) extension of this Agreement, for a maximum of four (4) months Such extension may be consented to by the City Manager, in his or her sole discretion, on behalf of the City 25 Development Fee Developer shall provide City with a monthly cash payment ("Development Fee") in the amount of One Thousand Dollars ($1,000 00) payable retroactively to Developer's commencement of operations on August 1, 2005 until the end of the Term of this Agreement to defray the estimated costs to the City to monitor Developer's compliance with the terms and conditions of this Agreement This amount shall be due and payable one month in advance for the term of the Agreement and shall be delivered to the City's Finance Director ARTICLE III DEVELOPMENT OF THE SUBLEASE PARCEL 3 1 Rights to Develop Subject to and during the Term of this Agreement, Developer shall have the right to use and develop the Sublease Parcel in accordance with, and to the extent of, the Scope of Development and Use, the Existing Land Use Regulations and this Agreement 32 Effect of Agreement on Land Use Regulations Except as otherwise provided under the terms of this Agreement, the rules, regulations and official policies governing permitted uses of the Sublease Parcel, the intensity of use of the Sublease Parcel, the maximum height and size of the proposed concrete pads and office trailers, the types of vehicles and equipment which may be stored on the Sublease Parcel, the types of materials which may be stockpiled on site, and the design, improvement and construction standards and specifications applicable to the Development of the Sublease Parcel, shall be as set forth in the Existing Land Use Regulations which were in full force and effect as of the Effective Date of this Agreement, except as otherwise modified by this Agreement 33 Timing of Development and Use, Scope of Development and Use Developer shall commence and maintain the Development in accordance with the Schedule of Performance and the Scope of Development and Use In the event that Developer fails to meet the timelines -5- set forth in the Schedule of Performance, either party hereto may terminate this Agreement by written notice to the other party In the event of such termination, neither party shall have any further obligation hereunder Developer shall commence and complete the Development and its use of the Sublease Parcel within the times set forth in the Schedule of Performance The parties acknowledge that the improvements to the Sublease Parcel will occur according to the times in the Schedule of Performance, which the parties acknowledge provides Developer with sufficient flexibility to address potential issues 34 Development Plan, Subsequent Development Approvals The Development Plan for the Sublease Parcel should not require the processing of Subsequent Development Approvals because the Development is temporary, however, in the event that any Subsequent Development approval becomes necessary, such approval shall not be unreasonably denied, but must be approved by the City Council The City shall accept for processing, review and action all applications for Subsequent Development Approvals, and such applications shall be processed in the normal manner for processing such matters in accordance with the Existing Land Use Regulations The parties acknowledge that under no circumstances shall the City be obligated in any manner to approve any Subsequent Development Approval, or to approve any Subsequent Development Approval with or without any particular condition However, unless otherwise requested by Developer, City shall not, without good cause, amend or rescind any Subsequent Development Approval respecting the Sublease Parcel after such approval has been granted by the City Processing of Subsequent Development Approvals or changes in the Development Approvals or Development Plan made pursuant to Developer's application shall not require an amendment to this Agreement 35 Reservation of Authority 3 5 1 Limitations Reservations and Exceptions Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the Development of the Property (a) Processing fees and charges of every kind and nature unposed by the City to cover the estimated actual costs to City of processing applications for Subsequent Development Approvals or for monitoring compliance with the Development Plan approved hereunder or any Subsequent Development Approvals granted or issued (b) Procedural regulations consistent with this Agreement relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure (c) Changes adopted by the International Conference of Building Officials or other similar body, as part of the most current versions of the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Mechanical Code, or National Electrical Code, and also adopted by City as Subsequent Land Use Regulations, if applicable throughout the City 1.4mlo- (d) Regulations that may be in conflict with the Development Plan or this Agreement, but which City determines are materially necessary to protect the public health, safety, and welfare of the community and residents of the City (e) Regulations that are not in conflict with the Development Plan or this Agreement (f) Federal, State, county, and multi jurisdictional laws and regulations which City is required to enforce against the Sublease Parcel, the Caltrans Project or the Development of the Sublease Parcel 3 5 2 Future Discretion of City This Agreement shall not prevent City from denying or conditionally approving any application for a Subsequent Development Approval on the basis of the Existing Land Use Regulations 3 5 3 .Modification or Suspension by Federal State County or Multi - Jurisdictional Law In the event that Federal, State, county, or multi-junsdictlonal laws or regulations enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such Federal, State, county, or multi-junsdictional laws or regulations, and this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce Moreover, the City may modify or suspend this Agreement if the City determines that the failure of the City to do so would place any residents of the City, or commuters who use adjoining rights -of way, streets or highways, or both residents and commuters, in a condition dangerous to their health or safety or both 36 Regulation by Other Public Agencies It is acknowledged by the parties that other public agencies not subject to control by City may possess authority to regulate aspects of the Development of the Sublease Parcel, and this Agreement does not limit the authority of such other public agencies 37 Public Improvements Notwithstanding any provision herein to the contrary, the City shall retain the right to condition any Subsequent Development Approvals to require Developer to pay any required development fees, and/or to construct the required public infrastructure ("Exactions") at such time as City shall determine subject to the following conditions 3 7 1 The dedication, payment or construction must be to alleviate an impact caused by the Development or be of benefit to the Development, 3 7 2 The timing of the Exaction should be reasonably related to the phasing of the development of the Development and said public improvements shall be phased to be commensurate with the logical progression of the Development as well as the reasonable needs of the public, and -7- 3 7 3 When Developer is required by this Agreement and/or the Development Plan to construct any public works facilities which will be dedicated to the City or any other public agency upon completion, Developer shall perform such work in the same manner and subject to the same construction standards as would be applicable to the City or such other public agency should it have undertaken such construction work 38 Fees, Taxes and Assessments This Agreement shall not prohibit the application of fees, taxes or assessments as follows 3 8 1 Developer shall be obligated to pay those fees, taxes or City assessments which exist as of the Effective Date or are included in the Development Plan and any increases in same, as provided herein, 3 8 2 Developer shall be obligated to pay any fees or taxes, and increases thereof, imposed on a City-wide basis such as business license fees or taxes, sales or use taxes, utility taxes, and public safety taxes, 3 8 3 Developer, or the Owner or Tenant, as applicable, shall be obligated to pay any future fees or assessments imposed on an area -wide basis (such as landscape and lighting assessments and community services assessments), provided that Developer reserves its right to protest the establishment or amount of any such fees or assessments through any method prescribed by law, 3 8 4 Developer, or the Owner or Tenant, as applicable, shall be obligated to pay any fees imposed pursuant to any assessment district proposed or consented to by Developer, or the Owner or Tenant, as applicable, 3 8 5 Developer, or the Owner or Tenant, as applicable, shall be obligated to pay any fees that may be imposed City-wide in connection with the implementation of the Multi -Species Habitat Conservation Plan ("MSHCP"), and 3 8 6 Developer shall be obligated to pay any fees imposed pursuant to any Uniform Code ARTICLE IV REVIEW FOR COMPLIANCE 41 Annual Review The City Council shall review this Agreement annually, on or before the anniversary of the Effective Date, to ascertain the good faith compliance by Developer with the terms of the Agreement ("Annual Review") No failure on the part of City to conduct or complete an Annual Review shall have any impact on the validity of this Agreement Developer shall cooperate with the City in the conduct of any Annual Review 42 Special Review The City Council may, in its sole and absolute discretion order a special review of compliance with this Agreement at any time at City's sole cost ("Special Review") Developer shall cooperate with the City in the conduct of any Special Review 43 Procedure Each party shall have a reasonable opportunity to assert matters which it believes have not been undertaken in accordance with the Agreement, to explain the basis for such assertion, and to receive from the other party a justification of its position on such matters If, on the basis of the parties' review of any term of the Agreement, either party concludes that the other party has not complied in good faith with the terms of the Agreement, then such party may issue a written "Notice of Non -Compliance" specifying the grounds therefore and all facts demonstrating such non-compliance The party receiving a Notice of Non -Compliance shall have thirty (30) days to cure or remedy the non-compliance identified in the Notice of Non -Compliance, or if such cure or remedy is not reasonably capable of being cured or remedied within the thirty (30) day period, then the party must commence to cure or remedy the non-compliance and to diligently and in good faith prosecute such cure or remedy to completion If the party receiving the Notice of Non -Compliance does not believe it is out of compliance and contests the Notice, it shall do so by responding in writing to said Notice within thirty (30) days after receipt of the Notice If the response to the Notice of Non -Compliance has not been received in the offices of the party alleging the non-compliance within the prescribed time period, the Notice of Non-Comphance shall be conclusively presumed to be valid If a Notice of Non -Compliance is contested, the parties shall, for a period of not less than fifteen (15) days following receipt of the response, seek to arrive at a mutually acceptable resolution of the matter(s) occasioning the Notice In the event that a cure or remedy is not timely effected or, if the Notice is contested and the parties are not able to arnve at a mutually acceptable resolution of the matter(s) by the end of the fifteen (15) day period, the party alleging the non-compliance may thereupon pursue the remedies provided in Article 5 Neither party hereto shall be deemed in breach if the reason for non-compliance is due to a "force mai eure" as defined in, and subject to the provisions of Paragraph 7 10 44 Certificate of Agreement Compliance If, at the conclusion of an Annual Review or a Special Review, Developer is found to be in compliance with this Agreement, City shall, upon request by Developer, issue a Certificate of Agreement Compliance ("Certificate") to Developer stating that, after the most recent Annual Review or Special Review and based upon the information known or made known to the City Manager, Planning Commission, and City Council that (1) this Agreement remains in effect and (2) Developer is in compliance The Certificate, whether issued after an Annual Review or Special Review, shall be in recordable form and shall contain information necessary to communicate constructive record notice of the finding of compliance Developer may record the Certificate with the County Recorder Additionally, Developer may at any time request from the City a Certificate stating, in addition to the foregoing, which obligations under this Agreement have been fully satisfied with respect to the Development ARTICLE V DEFAULT AND REMEDIES 5 1 Specific Performance Available The parties acknowledge and agree that other than the termination of this Agreement pursuant to Paragraph 5 2 below, specific performance is the only remedy available for the enforcement of this Agreement and the parties knowingly, intelligently, and willingly waive any and all other remedies otherwise available in law or equity Accordingly, and not by way of limitation, and except as otherwise provided in this Agreement, neither Developer nor City shall be entitled to any money damages from the other party by reason of any default under this Agreement, other than for back due Development Fees or other fees and charges required to be paid under this Agreement Further, Developer shall not bring an action against City, nor obtain any judgment for damages for a regulatory taking, inverse SO .1"'`, condemnation, unreasonable exactions, reduction in value of property, delay in undertaking any action, or asserting any other liability for any matter or for any cause which existed or which the Developer knew of or should have known of prior to the time of entering this Agreement, Developer's sole remedies being as specifically provided above Developer acknowledges that such remedies are adequate to protect Developer's interest hereunder and the waiver made herein is made in consideration of the obligations assumed by the City hereunder The parties' waiver of the right to recover monetary damages shall not apply to any damages or injuries to a third party caused by the acts, omissions or negligence of the other party 52 Termination of Agreement 5 2 1 Termination of Agreement for Material Default of Developer City in its discretion may terminate this Agreement for any material failure of Developer to perform any material duty or obligation of Developer hereunder or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default" or "breach') after following the procedure set forth in Paragraph 4 3 In the event of such termination by City under this Paragraph 5 2 1, Developer acknowledges and agrees that City may retain fees, including the Development Fee, that Developer has paid to City to the date of such termination Any material default by Developer of any of the conditions of approval of any of the Development Approvals that is not timely cured by Developer shall be deemed a material default by Developer of this Agreement 5 2 2 Termination of Agreement for Material Default of City Developer, in its discretion, may terminate this Agreement for any material default by City after following the procedure set forth in Paragraph 4 3 In the event of a termination by Developer under this Section 5 2 2, Developer acknowledges and agrees that City may retain all fees, including the Development Fee, Developer has paid to City prior to the date of such termination 5 2 3 Rights and Duties Following Termination Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to (i) any obligations to have been performed prior to said termination, or (ii) any default in the performance of the provisions of this Agreement which has occurred prior to said termination ARTICLE VI INSURANCE INDEMNIFICATION, WAIVERS 61 Types of Insurance b 1 1 Public Liability Insurance Beginning on the Effective Date hereof and throughout the term of this Agreement, Developer shall, at its sole cost and expense, keep or cause to be kept in force for the mutual benefit of City and Developer comprehensive broad form general public liability insurance against claims and liability for personal injury or death ansing in any way in connection with Developer's use, occupancy, disuse or condition of the Sublease Parcel, improvements or adjoining areas or ways, affected by such use of the Sublease Parcel or for property damage, including any claim or liability arising from the Caltrans Protect, by providing protection of a least Two Million Dollars -10- ($2,000,000) for bodily injury or death to any one person, at least Five Million Dollars ($5,000,000) for any one accident or occurrence, and at least One Million Dollars ($1,000,000) for property damage, which limits shall be subject to such increases in amount as City may reasonably require from time to time 6 12 Builders Risk Insurance Before commencement of any construction, Developer shall procure and shall maintain in force until completion and acceptance of the work, "all risks" builder's risk insurance including vandalism and malicious mischief, covering improvements in place and all material and equipment at the job site furnished under contract, but excluding contractor's, subcontractor's, and construction manager's tools and equipment and property owned by contractor's or subcontractor's employees, with limits in accordance with Section 7 1 1 above 6 13 Worker s Compensation Developer shall also furnish or cause to be furnished to City evidence reasonably satisfactory to City that Developer and any contractor with whom Developer has contracted for the performance of any work for which Developer is responsible hereunder carnes workers' compensation insurance as required by law 6 14 Other Insurance Developer may procure and maintain any insurance not required by this Agreement, but all such insurance shall be subject to all of the provisions hereof pertaining to insurance and shall be for the benefit of City and Developer 6 15 Insurance Policy Form Sufficiency Content and Insurer All insurance required by express provisions hereof shall be carred only by responsible insurance companies licensed to do business by California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VIII or better All such policies shall be nonassessable and shall contain language, to the extent obtainable, to the effect that (i) any loss shall be payable notwithstanding any act of negligence of City or Developer that might otherwise result in the forfeiture of the insurance, (ti) the insurer waives the right of subrogation against City and against City's agents and representatives except as provided in this Section 7 1, (iii) the policies are primary and noncontributing with any insurance that may be carred by City, and (iv) the policies cannot be canceled or materially changed except after thirty (30) days' written notice by the insurer to City or City's designated representative Developer shall furnish City with copies of all such policies promptly on receipt of them or with certificates evidencing the insurance City shall be named as an additional insured on all policies of insurance required to be procured by the terms of this Agreement In the event the City's Risk Manager determines that the use, activities or condition of the Sublease Parcel, improvements or adjoining areas or ways, affected by such use of the Sublease Parcel under this Agreement creates an increased or decreased risk of loss to the City, Developer agrees that the minimum limits of the insurance policies required by this Section 7 1 may be changed accordingly upon receipt of written notice from the City's Risk Manager, provided that Developer shall have the right to appeal a determination of increased coverage to the City Council of City within ten (10) days of receipt of notice from the City s Risk Manager - 11 - 6 16 Failure to Maintain Insurance and Proof of Compliance Developer shall deliver to City, in the manner required for notices, copies of certificates of all insurance policies required hereunder together with evidence satisfactory to City of payment required for procurement and maintenance of each policy within the following time limits (a) For insurance required above, prior to the Effective Date (b) For any renewal or replacement of a policy already in existence, at least ten (14) days before the expiration or termination of the existing policy If Developer fails or refuses to procure or maintain insurance as required hereby or fails or refuses to furnish City with required proof that insurance has been procured and is in force and paid for, such failure or refusal shall be a default hereunder 62 Indemnification 6 2 1 General Developer shall indemnify the City, its officers, employees, and agents against, and will hold and save them and each of them harmless from any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions, or liabilities (herein "Claims or Liabilities") that may be asserted or claimed by any person, firm, or entity ansing out of or in connection with the work, operations, or activities of Developer, its agents, employees, subcontractors, or invitees, hereunder, upon the Sublease Parcel, the approvals granted herein, or in connection with the Caltrans Project, whether or not there is current passive or active negligence on the part of the City, its officers, agents, or employees and in connection therewith (a) Developer will defend any action or actions filed in connection with any of said Claims or Liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith (b) Developer will promptly pay any judgment rendered against the City, its officers, agents, or employees for any such Claims or Liabilities arising out of or in connection with such work, operations, or activities of the Developer hereunder, and Developer agrees to save and hold the City, its officers, agents, and employees harmless therefrom (c) In the event the City, its officers, agents, or employees is made a party to an action or proceeding filed, or is prosecuted, for such damages or other Claims or Liabilities ansing out of or in connection with the operation or activities of Developer hereunder, including any Claims or Liabilities in any way connected to the Developer's use of the Sublease Parcel, the approvals granted herein, or the Caltrans Project, Developer agrees to pay the City, its officers, agents, or employees any and all costs and expenses incurred by the City its officers, agents, or employees in such action or proceeding, including by not limited to legal costs and attorneys' fees -12 (d) City shall promptly notify Developer of any claim, action or proceeding filed and served against City to challenge, set aside, void, annul, limit or restrict the approval and continued implementation and enforcement of this Agreement Developer and City agree to confer and cooperate with respect to such third party litigation Developer agrees to fully defend and indemnify City for all costs of defense and/or judgment obtained in any such action or proceeding as provided above, provided, however, if Developer elects in its sole discretion, not to defend the action (preferring to either allow judgment to be entered or to enter into a settlement with plaintiff(s) which declares this Agreement to be void, annulled, or which limits or restricts this Agreement), Developer shall so notify City in writing and City shall then have the option, in its sole discretion, of defending the action at its cost In the event this Agreement, as a result of a third party challenge, is voided or annulled, or is limited or restricted in such a manner that the intent and purposes of this Agreement cannot be implemented as mutually desired by the parties hereto, this Agreement shall terminate and be of no further force or effect as of the date of any such judgment which so voids, annuls, limits, or restricts the intent and purpose of this Agreement 6 2 2 Exceptions The foregoing indemnity shall not include Claims or Liabilities ansing from the sole or gross negligence or willful misconduct of the City, its officers, agents, or employees, who are directly responsible for the City 6 2 3 Additional Coverage Without limiting the generality of the foregoing, said indemnity shall include any liability ansing by reason of (a) Any claim made by any occupant, subtenant, assignee, employee, agent, visitor, invitee, or user of any portion of the Sublease Parcel, (b) Any accident or other occurrence in or on the Property causing injury to any person or property whatsoever, (c) Any accident or other occurrence in connection with the Caltrans Protect causing injury to any person or property whatsoever, (d) Any failure of Developer to comply with performance of all of the provisions of this Agreement, (e) Developer's failure to prevent any employee or any invitee or any other person from entering upon or remaining in any place upon the Property which is not safe and does not comply with all laws pertaining thereto as they may now or hereafter exist, and (f) Any harm, delays, injuries or other damages incurred by any party as a result of any subsurface conditions on the Property including, but not limited to the presence of buried debris, hazardous materials, hydrocarbons, or any form of soil contamination -13- 6 2 4 Loss and Damage City shall not be liable for any damage to any property of Developer or of others which is located on the Property, nor for the loss of or damage to any property of others by theft or otherwise City shall not be liable for any injury or damage to persons or property resulting from fire, explosion, steam, gas, electricity, water, rain, dampness or leaks from any part of the Property or from the pipes or plumbing, or from the street, or from any environmental or soil contamination or hazard, or from any other latent or patent defect in the soil, subsurface or physical condition of the Property, or by any other cause of whatsoever nature 6 2 5 Pernod of Indemnification The obligations for indemnity under this Section 6 2 shall begin upon the Effective Date and shall terminate upon termination of the Agreement, provided, however, that the indemnification obligation shall survive with respect to all Claims or Liabilities ansing during the term of the Agreement even if the Claims or Liabilities are asserted at any time thereafter 63 Waiver of Subrogation Developer agrees that it shall not make any claim against, or seek to recover from City or its agents, servants, or employees, for any loss or damage to Developer or to any person or property, except as specifically provided hereunder and Developer shall give notice to all of its insurance carvers of the foregoing waiver of subrogation, and obtain from such camer(s), a wavier of right to recovery against City, its agents and employees ARTICLE VII MISCELLANEOUS PROVISIONS 71 Recordation of Agreement This Agreement shall be recorded with the County Recorder by the City Clerk within ten (10) days of the execution of this Agreement Amendments approved by the parties, and any cancellation, shall be similarly recorded 72 Entire Agreement This Agreement sets forth and contains the entire understanding and agreement of the parties with respect to the subject matter set forth herein, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement 73 Severability If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, then this Agreement shall terminate in its entirety, unless the parties otherwise agree in writing, such agreement shall not be unreasonably withheld 74 Interpretation and Governing Law This Agreement and any dispute ansing hereunder shall be governed and interpreted in accordance with the laws of the State of California This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party or in favor of City shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof -14- 75 Sechon Headings All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement 76 Singular and Plural As used herein, the singular of any word includes the plural 77 Time of Essence Time is of the essence in the performance of the provisions of this Agreement as to which time is an element 78 Waiver Failure of a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand stnct compliance by the other parry with the terms of this Agreement thereafter 79 No Third Party Beneficiaries This Agreement is made and entered into for the sole protection and benefit for the parties and their successors and assigns No other person shall have any right of action based upon any provision of this Agreement 7 10 Force Majeure Neither party shall be deemed to be m default where failure or delay in performance of any of its obligations under this Agreement is caused by earthquakes, other acts of God, fires, wars, terronsm, nots or similar hostilities, strikes and other labor difficulties beyond the party's control (including the party's employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party's reasonable control If any such events shall occur, the term of this Agreement and the time for performance shall be extended for the duration of each such event, provided that the term of this Agreement shall not be extended under any circumstances for more than one (1) year 711 Mutual Covenants The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party 712 Counterparts This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument 713 Litigation Any action at law or in equity ansing under this Agreement or brought by any party hereto for the purpose of enforcing, construing. or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Los Angeles, State of California, or such other appropriate court in said county Service of process on City shall be made in accordance with California law Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside California In the event of any action between City and Developer seeking enforcement of any of the terms and conditions to this Agreement, the prevailing party in such action shall be awarded, in addition to the relief to which such party is entitled under this Agreement, its reasonable litigation costs and expenses including, without limitation its expert witness fees and reasonable attorneys' fees -15- 7 14 Covenant Not To Sue The parties to this Agreement agree that this Agreement and each term hereof is legal, valid, binding, and enforceable The parties to this Agreement hereby covenant and agree that each of them will not commence, maintain, or prosecute any claim, demand, cause of action, suit, or other proceeding against any other party to this Agreement, in law or in equity, or based on an allegation, or assert in any such action, that this Agreement or any term hereof is void, invalid, or unenforceable 715 Caltrans Project and Development of the Sublease Parcel as Private Undertakings It is specifically understood and agreed by and between the parties hereto that the Caltrans Project and the development and use of the Sublease Parcel by Developer are private projects which are being undertaken by Developer, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement No partnership, joint venture or other association of any kind is formed by this Agreement The only relationship between City and Developer is that of a government entity regulating the development of private property, on the one hand, and the holder of a legal or equitable interest in such property, on the other hand City agrees that by its approval of and entering into this Agreement that it is not taking any action which would transform the private development of the Sublease Parcel into a "public work" project, and that nothing herein shall be interpreted to convey upon Developer any benefit which would transform Developer's private development of the Sublease Parcel into a public work project Thus, it is agreed that this Agreement is entered into by City and Developer, upon the exchange of consideration described in this Agreement, including the Recitals to this Agreement which are incorporated into this Agreement and made a part hereof, and that City is receiving by and through this Agreement the full measure of benefit in exchange for the burdens placed on Developer by this Agreement, including but not limited Developer's obligation to provide any public improvement set forth in the Scope of Development and Use at Exhibit "C " 716 Further Actions and Instruments Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement 7 17 Eminent Domain No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power of eminent domain 7 18 Amendments in Writing/Cooperation This Agreement may be amended only by written consent of both parties specifically approving the amendment and in accordance with the Government Code provisions for the amendment of Development Agreements Notwithstanding the foregoing, implementation of the Development may require minor modifications of the details of the Development Plan and performance of the parties under this Agreement The parties desire to retain a certain degree of flexibility with respect to those items covered in general terms under this Agreement Therefore, modifications of the Development -16- Plan, which are found by the City Attorney to be non -substantive and procedural shall not require an amendment to this Agreement A modification will be deemed non -substantive and/or procedural if it does not result in a material change in fees, cost, density, intensity of use, permitted uses, the maximum height and size of buildings, the reservation or dedication of land for public purposes, or the improvement and construction standards and specifications for the Development 7 19 Corporate Authority The person(s) executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party, if not an individual, is duly organized and existing (ni) they are duly authonzed to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which such party is bound 7 20 Notices All notices under this Agreement shall be effective when delivered by (i) personal delivery, or (u) reputable same-day or overnight cozener or messenger service, (iii) overnight United States Postal Service Express Mail, postage prepaid, or (iv) by United States Postal Service mail, registered or certified, postage prepaid, and addressed to the respective parties as set forth below or as to such other address as the parties may from time to time designate in writing To City City of Irwindale 5050 North Irwindale Avenue Irwindale, CA 91706 Attn City Manager With a Copy to Aleshire & Wynder, LLP 18881 Von Karman Avenue, Suite 400 Irvine, California 92612 Attn Fred Galante, Esq To Developer American Civil Constructors 3701 Mallard Drive Benicia, CA 94510-1246 Attn Fernando Colemenares With a Copy to 7 21 Nonliability of City Officials No officer, official, member, employee, agent, or representative of City shall be liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon shall be personally enforced against any such officer, official, member, employee, agent, or representative 7 22 No Brokers City and Developer represent and warrant to each other that neither has employed any broker and/or finder to represent its interest in this transaction Each party agrees to indemnify and hold the other free and harmless from and against any and all liability, loss, cost, or expense (including court costs and reasonable attorneys' fees) in any manner -17- connected with a claim asserted by any individual or entity for any commission or finder's fee in connection with flus Agreement ansing out of agreements by the indemnifying party to pay any commission or finder's fee IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first set forth above ATTEST By 1 aLa Kimbro, ty Clerk APPROVED A By Fred Galante, City Attorney Tenant USA Waste of California, Inc By Its LM Its City CIT OF IRWINDALE By G ullan A Miranda, May4r Developer AMERICAN CIVIL CONSTRUCTORS By Its By Its Owner IRWINDALE PARTNERS, LP, aka JH HOLDINGS By Its By Its [end of signatures] -18- .0^ _M*%, STATE OF CALIFORNIA ) )ss COUNTY OF La Atq,S ) On t U , 2006, before me, tL alll tdt a Ath tt �. personally appeared Julian A Miranda personally known to me (ef proved to me on the b is to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument Witness My hand and official seal COWAO M s 101746 l *CO,,�,� Public [SEAL] STATE OF CALIFORNIA ) ) ss COUNTY OF ) On , 2006, before me, , personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument Witness my hand and official seal [SEAL] Notary Public -19- EXHIBIT "A" ? .-., 0-4 T1COA TtTt� INSURANCE South Grand Suits 700 Lcs Angeles California SOC71 NavL-%SER 16 1988 ?ICOR TITU INSURaN= CRA+srr BUILDING 0812 ?TT":SBURG PA 15219 ATTn JEA,`i 'f *14RZON SLME11ENTAL U=OR? LaiPOR'TA.'iT W'he� repirz�+� refcs co Our No 8539489 Your No KOPPI�LS INC PLEASE BE ADVISED 7SA? OUR PELT ---a ARY TITLE REPgA? DAZED 10-6 -88 � 7 30 All IS AIMiDED AS FOLLOWS I?ri NTI'S.gER 4 IS H::REBY DELETED C'3A14K YO L z 60Q 7 - UC3ARD KELLEY rT.TLz OFFICE Ticor Title Insurance Company of Caidornia 0 H 1- V%%Gr qr -16 �.f � 3 � � � awe O '..�.�x .►^ �� +�.—�S' _ •-•w '.�+��+._ +n_ �'m� dk TICOR TVIME _ r 333 5 GRAND AVE , SZ:TE 700, LOS ANGELES CA 90071 Tr; (213) 517-5300 NOV £.mB ER 9 1988 T© TICOR TITLE :NSUR.ANC COMPANY �► , GRANT BLtI LD I NG , $812 PITTSBURG, PA ATTENTION JEAN H MORTON YOUR REFERENCC KOPPERS 8539489 / INC OUR NO IN RESPONSZ TO THE ABOVE REFEREN= APPLICATION '"OR A POLIC' GF TITLE INSURANCE, TICOR TITLE INSUR.ANCZ COMPANY OF CALIFORNIA FERrBy REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSTIED, AS OF T`3C DATE HEREOF, A POLICY OR POLICIES OF TITLE INSMtAHCE DESCRIBING THE LA'10 AND TEE ESTATE OR INTEREST TR�.�!' EIN REREINAFTER SET FORTH r INSxJRI'IG AGAINST LOSS WEICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIZI OR ENCIII+I.SBR,APICE NOT SHOwN OR RETSESLILES AN TION DCDNDI WOR T?ONS AND EXCLMED FROM COVERAGE PURSUANT �TOTREP�'tINT�'' C3ED STIPULATIONS OF SAID POLICY FOPUMS TEE PRINTER EXCEPTIONS AND EXCLUSIONS FROM TEE COVC�PIEGE OFOFAT: POLICY OR POLICIES DARE LEp,BFagT='yNA EEAVA ACEED COVER LABLE FROM TRE OFFIC= WF=C- POLICY FORMS SEOUL BE 'SUED THIS REPORT TRIS REPORT (AND ANY SUIP? +MENT5 OR AMENDMENTS TEERETO) IS ISSU;D FOR THE PURPOSE OF FACILITATING TRE. ISSUANCE OF A POLICY OF aL£LY )LELYNC,E AND NQ LIABILITY IS ASSUMED EEREBY IF IT IS DESIRED T=...A"' ISURA6ABILITY BE ASSUMED PRIOR TO ?-rRE �CBE REQUESTEDx OF TZTLS IS£iRAHC:E, A BINDER OR COMN.EN MITTBOU D kT=D AT 7 3 0 A X LS OF OCTOBER 6, 19 S S ME OIPIFICER C30CK LOF!'�IAN AM RICEARfl K=LEY PRONE NO (2.'.3) � FORM OP' POLICY Or TITLZ" INSURANCE CO �TIAOF lYCUVIERAGE�CRT r S LTA LOAN POLICY �- 1970 WITS ALTA =NDORSa. AMENDED 10-17-70) TITLE TO TRE ESTATD OR INfiER.EST R: � rRRED TO fiL:aZIN , AT TEC IA:: ""REOF, IS VESTED IN SULLY-KILLCR CONTRACTING COMPANY, A CALZ:*ORNXA CCRPORAT+QN 8539489 PAGE OL dS3_• _3 ZG 320 � '-' TICJR T cc)mpANY OF CALI-ORN:A TEE ESTATE" OR INTEREST IN %= AND MERE+�IAx'�C'� D=Sid=3�J OR R= =Rn ED -0 COVERED BY TEIS REPORT IS A -C= AT TEE DATE H=R-rOF EXC: ?^':ONS -0 COVERAG= IN ADDITION TO TS= ?R:N :_ EXCEPTIONS AND =XCLLS=ONS CON':A:NZZ IN SAID POLICY FORM 40ULO BE AS FOLLOWS I ZENERAL AND SPECIAL COGN'i ID CITY TAX=S FOR THE FISCAL Y=AR 1988-1989 A ..:EN NOT YET PAYABL= FOR THE FISCAL f_AR 1988-.989 TOTAL AMOUNT 513,746 20 ALL PAID FIRST L NSTAL L "iENT S6,873 10 SECOtM INSTALLIENT 561873 .0 PARCEL NO 8532-001-002 GZN RAL AND SPECIAL COUNTY AHD CITY TAXES FOR THE FISCAL YEAR 1988-1989 TOTAL A14OUNT S2,573 53 ALL PAID FIRST INSTALLMENT $1,286 77 SECOND INSTALL4EENT $1,286 76 PARCEL 40 8533-002-002 GENE,RAL AND S?ZCIAL COUNTY AND C+TY TAXES FOR THE FISCAL YCAR 1988-1989 TOTAL AMOUNT S26 84 ALL PAID FIRST INSTALLMZMT S13 42 SECOND INSTALL24ZNT $13 42 PARCCL NO 8533-002-006 GENd- t AND SPECIAL CC=Y AND CITY TAXES FOR TZZ FISCAL YEAR 1988-1989 TOTAL AMOUNT 5 3, 5 3 9 8 8 ALL ?AID F IM ST INSTALLMM $1,769 9 4 SECOND :NSTALLKENT S1,769 5 4 PARGrL NO 8533-002-407 8539459 FAG= 02 'L A � A i T :'dSuRANC: COMPANY 07 CAL:'aRNIA GINE .AL AND SPECIAL COUNT f AND CITY TAXES FOR Tar FISCAL YEAR 1959-i 989 93 27 A.6..PAiD TOTAL AMOUNT FIRST INSTALLMENT S56,457 97 SECOND :NSTALL`�ENT S36 :.35 30 PAR= NO $533-002-448 GENERAL AND S7EC:AL COGNTY AND CITY TAX:5 FOR THE FISCAL E=AR 1988-"989 TOTAL AMOUNT S5,994 7 5 A-6." PAID FIRST INSTALLKEWT SZ 397 39 SECOND INS :'A-....'AENT S 2, 9 9 7 37 PARCDL NO 8533-003-009 Z TEE LICN OF SUPPLZ-,XENTAL TAKES. I"' ANY ASSESSED 'PURSUANT TO ZROVIS:ONS OF CEAPTSR (COMMZNCZNG MZFCCALIFQTH SECTION 75) OF THE REVENUE AND TAXATION CODE OF T 3 AN F_ASEMENT AF-F.CTING ALL OF SAID LAND FOR T':E PURPOS:S STATED riE.IZIN, AND INCIDENTAL PURPOSES, FOR WAT=R DITCq;S P r.CORD£D IN HOOK 3 PACE 437 OF 00 -DS 3 REPRESZ4TATION IS MADE AS TO TE= PRESENT OWNED53i` OF SAID s AS7%'ESI'" AN FASE.MENT AF FCCTING ALL OF SAID LAND FOR TEE PURPOSES STA'==D EREIN. AND INCIDENTAL PURPOSES, OR WATER DITCH S £CC}RDED IN BcoK 58 PAGE 233, OF O=S a REPRESZNTATION 7S MADE AS TO TS : PR_SENT OWN=P;3TP OF SAID CASE:KC.N': EXSEMENT AFFECTING TEE PORTION OF SAID LAND AND FOR T�? 'OV -POSES STATED 3E'REIN, AND INCIDENTAL PURPOSES, NO Rr,=RCSF.NT�lT2Ct'i IS MAQE AS TO TH! �'R:SENT OWNERSSI� OF SAID :.ASzu--N- ) 'OR PUBLIC tITILITI=S LECORDED IN SOAK 2769 PAGE 224, OF71CIAL R=CORDS LF"'ECTS SAID LOT 35 8539489 PAGE 03 383_632032] R o� "'ICOR TI:'LC _NSuRANCC COMPANY OF CALIFORNIA TEC POLES OF SAID LINE SEAL" SE LOCATCD WITHIN 2 r=C'C OF A LIME 0ESCR23TD AS 7OLLOWS BEGINNING AT A POINT IN TzE' CAST LIME OF LOT 35 m'HICi ?C:N'" 'S _9 5 -:.C' uORTF ZRLY "'ROM TQ.;: SOUTwEAST CORNER OF SAID LOT 35 7%=NCC 4=STERL i WITH TEE SOUT7 LINE OF SAID LOT 35 TO A POINT IN THE 4EST LITE or SAID -OT :5 6 AN EASE`SENT AF r CCT I SIG TLC PORT : ON OF SAID LAND AND rOR -EC PURPOSES STATED 4Z-4ZIN AND INCIDENTAL PURPOSES ( NO Rr?RESZN7"ATION IS RADE AS TO T "'%C PRISENT OWNEPSHIP OF SAID EAS=MMz'+^' ) FOR PURL: C '%17 1 . .6 T : .S RECORDED IN BOOK 2790 PAGE 241 OFrICIAL RECORDS AFFECTS SAID Lo,:S 36 43 AND 44 TEE POLES OF SAID LINE BE LOCATEO RIT';£IN 2 F ==`T OF A LINE OESCRI3ED AS FOLLOWS } BEGINNING AT A POINT T'N T=C EAST LINE OF LOT 44 OF SAID S R LOFTUS TRACT 40 1. WHICH POINT IS 14 5 FECT NORTu£RLY FROM TEE SOUTEMAST CORNER OF SAID LOT 44 TEENC : 4ESTERL t PARALLEL TO THE SOUTH LINE OF SAID LOT 44 AND TO THE St 7:=- LINES OF LOTS 43 AND 36 OF SAID S R LOFTUS TRACT NO 1, TO A POINT IN TuE WEST LINE OF SAID LOT 36 i 7 AN EASEMENT AFFECTING TRE PORTION OF SAID LAND AND FOR THE PURPOS=S STATED HEREIN AND INCIOENTAL PURPOSES, CONDEMNED BY FINAL DECREE ( NO RERRES'.-NTATTON IS MADE AS TO TE= PRESENT OWN=74S3IP OF SAID EASE-MENT ) FOR STREET PURPOSES CASE NO 269622, SUP ER I OR COURT RECORDED IN BOOK 12289 PAGE 277, OFFICIAL RECORDS AFFECTS THAT PORTION OF SAID LAND WITHIN SAID SECTION WIT MN THE FOLLOWING DESCRIBED BOUNDARIES 1, INCLUDED MINING AT A POINT Ft ICH IS NORTH 80 DEGREES 09 MINUTES IS SECONDS EAST 88 FEET FROM A POINT ON TZ= NCRTEEASTERLY LINE OF LOT 9, OF TRACT 1888, AS N ON MAP RECORfl 13 IN BOOK 21 PAGE 183 OF MAPS, R-ECORDS OF SAID COUNTY, S IS SOUTH 67 DEGREES S4 KINLTTES 40 SECONDS EAST TSI'RZON 188 55 FE;T F `RCK MOST NORTS1031.Y CORNER TEEREOF TEENCE NORTE 80 D EGRECS 09 MINU': CS 15 NDS EAST 1444 38 FEv'T TO THE BEGINNING OF A CURVE CONCAVE TO THE SOU": S ENT TO SAID LAST M NTTONED COURSE AND HAVING A RADIUS OF 1050 F==T ': =---NC= ERLY ALONG SAID CURVE 509 57 Fv'r'" TO ITS ZOIMT OF TANGENCY WITH A LINE H IS PW7.TH AND 50 FE= NZRTEF-kSTZRLY , v.£ASUFZM AT RIGET ANGLES THE NORTR'._,..ASTMMRLY LINE OF SAID LCAT 2 TEENCE SOUTH 66 D EGRECS 35 MZNL.TL'S ECONDS EAST ALONG SAID PARALLEL LINE 3 378 16 FEC.T TO TH= NORTH..: AS :'ERL i ,ONGATION OF TEE. SOUTHEASTERLY LI14E OF SAID LAST MENTIONED LOT T'x--NC= 'h'WESTEIRLY ALONG SAID PROLONGATION AND SOIITREASTF.PLY LINE TO A LINE + FIC= 'ARALLEL WITH AND 100 FCD.T SOUTEWESTERLY, Y ASURED AT RIGHT ANGLCS "04 T x= 'E MENTIONED COURS : OF "SOUTH 66 DEGRE_S 35 t+:=ZS 00 SECONDS CAST ICE NORTE 66 DEGR.E=S 35 MINUTES 00 SECONDS W -ST, 3365 87 F==T TO TL. ;NNING OF A CURVE CONCAVC TO TRC SOUTE TANGENT TO SAID LAST KENTIONED ISE AND HAVING A RAD IL S OF 950 FC=T TRC.NCE WESTE'-ZLY ALONG SAID LAS- 'y0NED CiRVE 551 51 -=--7 Z -S POINT OF TANGENCY'' W:TS A LI`Z -F=:C3 =S ILLIL 'KITH AND loo _CC.+ SOU':RERLY mZASJR=Z AT RIGHT ANGLCS , —%QM ABGt= 8539489 PAG; 04 t a t 8831+ _320320 TICOR TT_'TLF. :NSs_7 ANC : COM-PANY rJ" c CALZ.-ORNIA M�"`NTIONED COURSE OF NORT3 80 OEGRE_S 09 M_�IL._ ,. H_VC_ SODi'H 80 DEGAS 09 MINUTES 15 SECONDS NEST 1444 38 "=ET THE -ICC NOR -:-q 09 DF.GR,ES 50 MIN=ES 4S SECONDS 4=ST 100 po:N" OF 3CG:NN:NG 9. AN EASEMENT AFrCCT:NG T=C paRT;ON OF SA:0 LAND AND -OR T" -D PURPOSZS S'IXTrD rEREI4 AND A. "NC:DENTAL ZURPOSES (NO RE gZSSZN;TA+ION :S 'BADE AS :0 -a= ?47_SZllT OWNERSm:'z OF SAIi7 �AS=uCti"i FOR POLE LINES RECORDED TN BOOK 19103 P4GE 284 OF"ICIAL RECORDS AFF_CTS WCS": ERL z -0 -E=T OF LOT 32 9 AN EASE."I.ENT Ar-=C,:NG Tj= moaTION OF SAID LAND AND FOR Tzr PURPOSES STATER HDP=:N AND INC:DENTAL PURPOSES ( NO REPRESENTATIONIS MADE AS TO THE PRESENT OWNERSHIP OF SAID EAST-i-rN- ) FOR PURL;C ROAD AND HICE"WAY PURPOSES RECORDED IN BOOK 29149 PAGE 166, OFFICIAL RECORDS AFFECTS ':BAT pORTLOid OF SAID SECTION 1 AND SAID LOTS 35 36 43 ► 44 AND 45 WITHIN A STRIP OF LAND 100 FEET WIDE, LYING 50 F=7 0`4 EACH SIDE OF THE FOLLOWING DESCRIBED CDNTER LINE BEGINNING AT THF: WESTERLY TERM:NUS OF THE CURVE HAVING A RADIUS OF 1000 F=-'" AND A LENGTH OF 590 54 TZ= IN THE CENTER LINE OF ARROW HIGEWAY AS SHOWN ON SHEET NO 7 OF A MAP FILED AS EXHIBIT "A" CASE NO 269622 SUPERIOR COURT OF LOS APIG .LES COUNTY THENCE NORTH 80 DEGREES 14 MINUTES 35 SECONDS EAS_" "'ANGF.ti TO SAID CBRV'E 4533 06EFLANDmBAVINGBEGINNING A RADIUS OF ZSO�FEETVE OxTA"'NCra�S:'CROf"='H TANG"ENT TO SAID COURS ALONG SAID LAST MENTIONED CTIRV E 500 FEET 10» AN EASEMENT AFFECTING TFE PORTION OF SAID LAND AND FOR TED PURPOSDS STATED S-ZRHIN, AND INCIDENTAL PURPOSCS, (NO REPRESENTATION IS MADE AS TO TE= PRESENT OWNERSHIP OF SAID EAS=uE'N_ ) FOR PUBLIC UTILITIES RECOPDED LPI BOOK 36323 PAGE. 439, OFFICIAL RECORDS A.rFECTS EAST 10 FEET OF WEST 40 FEET OF LOT 32 L1 AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR TEC PQRPOSES STATED H.=R_ZIN v AIM INCIDENTAL PURPOS=S ( NO REPRESE`qTATlON IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EAS__u=N'" ) rQZ 2?iGRESS ARID ECR=cS AND FOR THE rSAINTENANCD AND OP= -4A- 04 0 SHC,vELS, CRANES DZSRICrCS AND OTHEr't EQUIP3�4E:1T FOR US INCIDENTAL TO T= : EXCAVATION OF ROCK, SAND OR GRAVE.. -';04 ADJOINING REAL PROPERTY SOUTECRLY THEREOF, Tom -►=R ^�-rte -C RIGHT OF OVER -SANG FOR THE PROSECTION OF SUCH EQUIP%tZX OGCR Ta..r R 14AINDER THEREOF R;CORDCD IN BOOK 41017 PAGE 74, OFviC:AL RECORDS AFFECTS T=AT PORTION OF LCT 32 LiING SOUTH=RLi AMD SOUTHDAS =R_ I -OLLOWING DESCRIBED LIME 5539454 DAG: 05 382 -4 -3 20.1 20 lw ':'ITL.: INSL'RANCC COMPANY OF C.AL17ORNIA BEGINNING AT TSM WESTERLY L:NE OF SAIO LOT '"=-='NC= SOUTF :AST=RL 4 240 -=.:T ALONG A LINE WEI CS IS PARAL L=l W:`AND DISTANT NORT=-RL t 20 "=;T v=AS�-;= RIGHT ANGLES* FROM TEC COU -RS= DESCRIBED ABOVE AS MAVING A BZAAING OF 4ORE`3 DEGRE ES 0 4 MINIITES 34 SECONDS +TEST TE=NC= SOUTE :ASTE.RL t , I4 A C ZREC T ..:N- A POINT T�-AT rS NORTH 00 DEGREE=S 33 ktlN=ZS 22 SECONDS +BEST 12 -C==-: "10M .••� WEST=RLY TE"IVLS OF '"H- CC}LRSE OESCRIBEO A30VE AS SAVING A BZAR N(: Or SC,-- 89 DEGRE:S 26 KINUTZS j8 SCCONDS 4EST TH=NCE EASTERLZ ALONG A ..:N= MA.::LA-._ ;ITH SAID LAST MENTIONED COLRSE TO AN INTERSECTION WITH A LINE WH:CJ IS PARALLEL WITH AND DISTANT NORTHWESTERLY 15 F==T,, MEASURED RAD IAL..' , '10M CSRVE'.D SOUT?EAS""ERLt Li'+IE ABOVE OESCRI3E0 PARCCL OF LAND '"-:"'C= NORTH EAST ERL to ALONG SAID LAST 4ENTIONED PARALLEL LINE TO TEE NCRTuwRLZ -:` OF SAID LAND 12 AN EASZ.MENT '':!Z PORTON OF SAID LAND AND FOR '''LT-. PURPOSES STATED a=Rrly' AND rNCIDENTAL PURPOSES. (-,JO REPRESENTATION IS KADE AS TO THE PRESENT OWNERSHIP OF SAID ZASE"tENT) FOR PUBLIC ROAD RECORDED LSI BOOK 43956 PACE 284, OFFICIAL RECORDS AFFECTS THE FOLLOWING TWO PORTIONS OF SAID LAND P A.RC_L A TART PORTION WITSIN A STRS.P OF LAND 100 FEET WIDE, LYING 50 FEET ON EACH S OF THE FOLLOWING DESCRIBED LINE BEGINNING AT TaZ INTEPSECTION OF T':SZ CCNTE'R LINZ OF ARROW HIGFTAY (;00 F=: WILE) AS SHOWN ON uLkP FIL :D IN CASE NO 5I7607 OF TEF. SUPERIOR COURT OF STATE OF CALIFORNIA, IN AND FOR SAID COUNTY, WITH A LINE PARALLEL r1:TS FE :T EASTERLY MEASCRED AT RIGHT ANGLES, FROM THE WESTERLY LINE OF LOT 35 TRACT TRENC: CONTINUING NORTH 00 DEGREES 08 KINUTES 15 SECONDS EAST ALONG SAID PARALLEL LINE 473 5 5 F ECT TO THE BCGZNNING OF A CURVE CONCAVE TO T=L SOUTSMAST, TANGENT TO SAID PARALLEL LINE, AND RAVING A RADIUS OF 1540 FEC" TRZNCC NORTF.EASTERLY ALONG SAID CURVE 1200 F ECT EXC=EPT FROM ABOtr o DESCRIBED 100 FOOT S Tz IP OF LAND, TEAT PORTION TEE R.OF WITHIN ABOVE MENTIONED ARROW HIGHWAY PARCEL B 7 -RAT paRTION OT SAID LAND WITEIN THE FOLLOWING DESCRIBED BOONDARICS BEGINNING AT T� ZIMERSECT:ON OF "'=' cASTCRLY LINE OF Ai3OV, DCSCR_TBCD ' rA-R WITS THE NORT92MLY LINE OF Ar34VE MENTIONED kAROW EIGSWAY ;SCNCE NC?RTfi_RL ALONG SAID EASTERLY LINE 20 FC'r'T THCNCS SOaTS=ASTERLY IN A DIRECT L:N mOINT IN SAID NORTF.ERLY LINE Tv -AT. TS EASTERLY TE.EREON 20 FEET FROM "'RE ZC OF BEGINNING TS'ENCE WESTERLY :N A -DIRECT LINE TO SAID POINT OF BCGINNINO TO BE KNOWN AS BIILNO RICH DR:VC 8539.89 OAGF, 06 T a g31,.4 _32032: T:rOR T?'TLE INSURANC' C0mPANY OF CALI-ORNIA z 13 AN ZASEI" MM AFFECTING T"' POR'T'ION OF SAND LA'3D AND —OR :'�.:. 2URPOSES STATED HER—'IN, AND INCIDENTAL PURPOSES S ls&n"' A5 Ir T%r-- PR=S=NT OWNERSRIP OF SAID EAS=u=N'T ) ( NO REP RESEION I r. - ---- "OR PUBLIC ROAD RECORDED IN BOOK 45060 PAGE 356 OF":C:AL RECORDS AFFECTS irIOSE POR::ONS OF SAID LO'"S 20 23 ► 25 33 34 AND 35 4=T -=`t A S TR T P OF LAND Loo r:,=T WIDE L. I NG 50 FECT ON EAC 3 S+ D E 0 THE. FOL,aOWING, DrSCRI3C3 LINE BEGINNING AT Tit' INTERS=C:'_ON OF TBE C=NTCR LINE OF ARROW 3IGnr�AY FILE IN CASE NO 517507 OF -jr- SUPIR,IOR COURT OF T'q' STATE OF CAL;"CRN:A, ..CS ANGELES COUNTY, WITH A LINE PA.RALL,CL WITS AND 50 FZ=T EASTERLY, KEASuREDwA. RIGHT ANGLES MOM THE WESTERLY LINE OF T'..r ABOVE MENTIONED LOT 35 NORTH 00 DEGREES 08 MINUTES 15 SECONDS EAST ALONG SAID PARALLZL LZNL 473 55 F:ET TO T'RE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST. TANGENT TO A PARALLEL LIME AND r'IA�'NG T�R�EJ�ORFg1540DEGREEST06NCE MINIITRSHF1A55S Ct7I3DSLEAST ONG SAID CURVE 1674 54 F 950 FEET FrC'"ING TFE PORTION OF SAID LAND AND FOR THF. 14 AN EAS Z'nz cAT AF .. • PURPOSES STATED SERZIN, AND INCIDENTAL PMPCSES, (NO REPRESENTATION IS N.ADE AS TO THE PRESENT OWNERSHIP PUSLZC UTILITIES OF SAID EASMMENT) FOA RECORDED DECEMBER 12, 1962 AS INS'T'RUM NT NO 3904 AFFECTS SOUTHERLY 4 F. ET OF LOT 22 15 AN EAS=MENT AFFECTING ThE PORTION OF SAID LAND AND FOR TE PIIRpOSES STATED EL7_ EIN AND INCIDENTAL PURPOSCS, ( NO REPRESENTATION IS FADE AS TO TEE PRESENT CfWNERS3iP OF SAID EASL.�'iE�T ) FOR PUBLIC UTILITIES RECORDED KARCH 16, 1966 AS INSTRumENT No 3512 AFFECTS A STRIP OF LAND, 10 FEET IN WIDTH, LYING WITEIN PORTIONS LOTS 20t 23r 32 AND 39, AND TRE VACAT :D STREETS ADJACENT T== CENT-VMLIINE OF SAID STRIP BEING DRSCRIS=0 AS FOLLOWS OF BEGINNING AT A POINT ON Tom.' WEST LIN' OF SAID LOT 32 SAID oGINT BEING 255 FEET NoRT,IERLY. MEASLED ALONG SAID SCUTS LINE FROM T":. SOUTfiW .ST CORNER 0=` SAID LOT 32 TXWC.Z SOUTEEASTERLY , 395 F E'T , MORF. OR LESS, TO A POINT --A: 3 8 0 FzET EA.STMT MD 192 FEET NORTECRLY Mr aSURED AT R I G3 T ANG L' S A :SPzCTIV~r.I.Y Fl4l TRE WEST AND SOUTEERLY LINES OF SAID LOT 32.r SAID PC:N' HEREINAFTER Rr.TMULM TO AS POINT " A TR ."NCE NORTHEASTERLY 600 F _''I' v 4 �; - OR LESS, T4 A POINT TEAT IS 74 F--ZT NORTHERLY AND 455 "EET WESTERLY RIGHT ANGLES RESPECTIVELY nOMTEE SOO'TE=RLY AND EAST'RLY LIN :S OF SA_' ..:T 230 SAID POINT BEING E.ER'INAFT:R R= =RED TO AS POINT 3 ALSO, FOUR STRIP°s OF LAND, =AC4 4 FCCT OF SAID 1 R LOF'rt?S TRACT NO 1 SAID AS STP IP NO 1, STRIP NO 2 STRIP NO SAIZ STRIPS OF LAND BEING DESCRIBED AS STR,P +gyp 1 IN tIDT?► LYING WIT -IN -OTS 23 _A`_D 12 S .R I Z S C} LAND 3 AND STA:? NO 4 T C C=N"I.rR_ " IS C ALLOWS 9EG +NNING AT ABOV' v_NT:oNCD 'nO:N.I A 8539.+59 PikGE 07 Tr.rVCC CAc-C=_ � AL i i 5831 _320 20 TICOR TITLC jNS,�ANC= COMPANY OF CALIFORNIA 3 :ING PARALLEL 44TH TH : SOUTH: RL f LINE OF SAID LOT 32, A D IS TANCL OF 25 5 RTP NO 2 BEG INNING AT TVS ABOV Z gENT:ONED ?C tNT SOUTHWESTERLY, A OZSTANC= OF 25 =T' ':C=NT=RLZNE OF SAID STT v0 _ B= Tl : SOUTHWESTERLY PROLONGATION Cc 'rE= C=NTERLINE OF WE ABOVE 0ESCRI3.=0 S"R OF LAND LYING BETW*'=N -:» ABOV;, �s.�'�tTIONED POINTS A AND 3 STRIP NO 3 BEGINNING AT "'t?C ABOVE MENTIONED POINT "B" THENCE 'FORTH=ASTERL f , A D I STANC: OF 25 ="` TIE= CE'NTERL I NE OF SAID S -R:? NO 3 BEING TEE NQRTH=ASTr-RLY PROLONGAT_ON OF Olqu= C=NTERLINZ OF THE ABOV: DESCZ=s STRIP OF LAND LUNG BE -144=N 'r%E ABOV= KZNTIONED POINTS A AND 9 STRIP NO 4 BEGINNING AT TQC F=REINABOVE 4ENT'.ONED POINT 'S =NC= goRTErWrST RLY, A DISTANC; OF 25 'Z=' 16 THE FACT Trt3AT THE OWNERSal? OF SAID LAND DOES NOT INCLUDE ANY R1G=7S t INGRESS AND EGRESS '"Q OR FROM SAN GAFRI=L RIOTER PARKWAY SAID RIGET S --A;:NG BEEN CONDEMNED BY FINAL DECREE OF CONDEMNATION IN SUPERIOR COURT LOS ANGrLE CGUHTY, CASE NO 842361 A C=RTIF IED COPY OF WHICH WAS RECORDED NOVSYBER 15 1966 AS INSTRUMENT NO 3366, IN 300K 0-3115 PAGE 384, OFFICIAL RECORDS AND FIBRQARY 25, 1970 AS InSTRUMENT NO 2784, IN BOOK 0-4641 PAGE 886. OFT,C_AL RECORDS 17 AN EASEMENT AF r=CT:NG THE PORTION OF SAID LAND AND FOR TEE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, ( NO REP? ES ENTAT I ON 15 MADE AS TO THE P RES ENT OFiNERS3I P OF SAID EAS =,Arv,. ) FOR PUBLIC UTILITIES CORDED F=BROARY 24, 1969 AS I NSTRUMEENT NO 14.4 FECTS 'I RAT PORTION OF LOT 430 LiING WITEIN A STRIP OF LAND 5 FEET WIDE, THE CENTERLINE OF WEICB IS DESCRIBED AS F0L..OFIS GINNING AT A POINT IN THE NORTE=RLY LINE OF ARROW HIGHWAY, 100 F==T 4T:): SCRIBED IN FINAL DECREC OF CONDEMNATION ENT R—= IN SU?ERIOR COURT OF LQS G:LES COUNTY, CASE NO 517607, A C=RTIFI=D COPY TZ=OF BEING RECORLED IN OK 29149 PAGE 1661 OFFICIAL RECORDS OF SAID COUNTY. SAID POINT BEING NORI DEGRE=S 59 MINUTES 08 SECONDS EAST, 1421 66 FEET, MEFLSITRED ALONG SAID ,RTF-..0,LY LINE, FROM THE SOUTEvvZST=RLY CORNER OF "PARCEL 3", AS SAID PARC= ,SCRIBED IN TEE ROAD DEED TO THE COUNTY OF LOS ANGELES, RCCORDED ON MARCS 54 IN BOOT{ 43956 PAIGE 2$4 OF SASD OFFICIAL RECORDS TH=NCE NORTE 10 D=Gn MINUTES 52 S EC:OND S WEST, 5 00 FEET S AN EkSWIENT AFF=CTING T3= PORTION OF SAID LAND AND FOR '=E= MPC}S. S STATZD DEIN. AND i14CI0ENTA6L PLIRPCSES O P. RESENT .TIt?N IS MADE AS TO TEE P'mESENT OW14ERSEZP OF SAID =A5 :.u_�I ?A PC*.=LSC UTILITIES CORDED APRIL 7, 1969 AS INSTRUKL`NT NO 3676 "'rCTS A STRIP O: LAND, 6 FE= ?N WIDTH, LZING 41T= -:N LCT 42 C=NTERLINE OF SAID S:R:? BEING OESCRI3=D AS FOLLOWS 8539489 VAGE 08 fIas 3 . 4 "._2a 20 a} _ TICOR Tl':L : TNS�,NC,. CCIw}FA2'1.6 CF C�,L;.rORNIA R A I EAST :RLY LINE OF SAID LOT 42, DI5'2A.y'" NOR'=�-R� L BEGINNING AT A POINT ZN T3: F..rT FROM T°C�' SDU":HEAS T £RL �' CORNER OF SAID LOT 4 2 TEEREON 51 v �_ DEGRE'ES 3 0 MII+III'r-S WEST, 19$ F E_': TO A Pfli�IT a.r�.EI�IAFr'=R rZEC=rZR=D .O AS ?a: "A" ALSO A 5 TRIS OF LAND 12 -SET In WIDTH, L LING WZ TZi.N Se+:0 LO'"4 Z -. CENTERLINE OF SAID ST"AI'm BEING 0£SCRI3ED AS 'flLLOWS - ,,r � t, - r-^ Z BEGINNING AT SAID POINT A T!lzNc= NOR T S Go D EGR= :S 30 u j NG _ _5 Z' s r s= -' 19 AN EASEMENT AFFCCT ZNG TV: PORTION OF SAID LAND AND FOR PURPOSES STATEDrP E=REIN AND INCIDENTAL PURPOSES, R ES ON I S MADE AS TO THE PFES EDIT OWNERSEZ or SAID :AS £'+t£�I'r) (No REP ENTAT -pUHL:C LT Z �.6. T, ..S FOR JUNE 17 1969 AS INSTRUMENT NO 2955 AFFECTS TLAND DESCRIBED AS FOLLOW RECORDED EOSE PORTIONS OF SAID TEAT paRTza N OF LOT 20, TOGETHER WITS THE WEST SALE- OFD'r�02�TRQL FAL Dc?5='AIC':AT� LYING SOUTE-�-ASTERLY OF LAND OF LOS P,1�iG.:LCS COUNTY FL .. VACAT THAT PORTION OF LOT 25, TiOGETFCR WITH TR= EAST HALF OF TIFAL AVENUE OOD LYING SOUTHEASTERLY AND NORTHWES"ZERL L Cr LAND OF LOS ANGELES COUNTY FL Cfli+d'TRC7L DISTRICT, TJE THAT PORTION I ON OF LOT 23p TOGETR: R WITE TEE WEST �L�rOLOS;ANGELESNCOtJ'3TACAT v 71 LYING SQIITS.:.AST�LY AND NQRT3WE5 TERLY OF LAND OF T..... CONTROL DISTRICT N 4F LOT 24. TpGETH=R WIT'i THE EAST HALF dSaIIT3ERLYTIFAL NAND VACAT TEAT PQRTIO ER SIRE.-':, VACATED, LYING AND THE NORTH RALF OF VAN tET.. SaQT gWESTERLY OF LAND OF LOS ANGELES COUNTY FLOCO CONTROL DISTRICT .. LOT 40, TUG F,TgZR WITS TE WDST &ALF OF FA'RVT_:.W AVE''1UE , VACATED, PcND '� c RALF OF VAN METER STR:.*-T, VACATED LOTS 41 AND 4 Z . TOG .A WIT- TEE WEST HALF OF FAI^;VI r W A�TEP Z , VACATCD TEAT PORTION of LOOT 43. TOG="T -' WITS TS= WEST SAL? 4F FAIRVIE"W Av:.NL= VACATED, LYING NORTERERLY OF ARROW 3IG&WAY TEE C= TT=R LIZMS OF 'P. E 3 a FOOT EASE.M.ENTS R�EBY GRAN ARE flCSC�Z3CD A FOLLOWS A A POINT aN TEE Cr'�ITER L' NE Or SAID T i F AL AVL'PTL3E V�►�-A=-D SA BEGINNING "�ZS O Fr.,'"'r DISTANT �tt?M THE INTERSECTION OF SAID C=�1'�'=R LIME w POINT BEINcs52 LINE OF LAND OF LOS ANG= LES COUNTY FLOOD CON TROL mm SOu-j-E=AST """RLY TO A ZOINT e7I' ` EINA.FT R« BRED Tt3 AS POINT " A' THzNCE 5{3UTGLES i T T ::AST I SAID LCAT 20 kIC3 ZS 1 5 FE ;T DISTANT AT RIGHT ANGLES TO SAID SOU O r 200 SAID LAND OF L45 ANG=L: S COUNTY FLOOD CONTROL DISTRICT A gOM AND : 0 � 4rZAL: -= Tt* YC= Ct�NTZNCIING SOrJTITW:.ST=RLY I 5 F CCT DISTANT F'ROI� AND CQD CONTROL D: -R-C SAID SQUTLT± ST L;NC OF LAND 04INTLOS WI'I'3IyZSAIDULv=" 23 DISTANCE OF 425 0 "'==T TO A P LSO B=GINCNING AT SAID =C:NT A TS :NC= NORTH._= AST=RL I ON AN _ ._' 5 SS39489 PAG: 09 �� 833.,4 1324„20 R TyccR T TLi :NSLRANC= CO'V-PAHY GF C.'►,.I'QRN]-A COURSE DESCRIBED AS 200 1 -Z=T A D I STANCC OF 25 0 FzTC? A LOT 2S SAID USZM--'"NT SR L.. BZ LS:D FOR 'OLC ..ZNFS OINT 41- zIV SA_ ALSO AN EASEXrl" 10 0 F CCT IN WIOTTi FCR U%IDERGROUND T_LZ;li0Nz FAC I' CS C=NTER LINE OF WHICH IS DESCRIBED AS FOL,.OWS .. BEGINNING AT SAID PO:N0" A "'u=BICC SOL""JCAST :R' � .... FEET +�:.ST AND al fl wCCT T ,r, r 3 2 9 O F __T :'t? A NOR.zi 3C7 �3 AT A+GnT ANGLES TO Tt?£ C=LATER .:NES 0` TE; - SAID TIF AL AVENUE AND VAN � :T LR STgEC'" RESPECT BEGINNING OF A CURVE CONCAV'D ""0 THL NORTH: AST PASSINGIVELY STMtOUGHAID NSAID TC=N,"=R OF TIFAL AVENUE 45 0 FECT VORTij OF SAID CEN'rE �„� �_,:,R THEIdC. E ALONG SAID CARVE i 0 .1 POINT 3 0 0 FE.r.T EAST �AND 43 3 VO Fz.ETwNC,yRT r= RIGET ANGLES TO SAID CENTER L ZVF-S OF TIFAI, AVENUE AND METE 3C7 RESPECTIVELY, THENCE NQRT3CAS'*r, R ST�£''ET NORTH, BOTH AT RZGAT ANGLES TO SAID TCC_NT£RILINESSOF TIFALEAVE AND ? � 4 p c---- S'TRZ=T' RESPECTIVELY, SAID PC :NT BCING THE AVENUE AND VAN BEGINNING OF A CURVE CONCAVE SOUTH AND F3�►VI�1G A RADIUS ©, 61 5 FCC:' _ r .. - RIGHT ANGELS 3?8 0 FLET WEST OF EAST THENCE ALONG SAID CURVE TO A ?O:N*" by SAID CENTER LINE OF VAN M==R STRE ENCEESotFT'rEOF.ATST LY T85 0 F_ET '�flRT'H Q CEI�T2ER LINE OF VAN METER STREET 305 a FEET DISTANT FROM ITS INTr:`RSEC�IQN wI:? SAID CENTER LINE OF FAIRVICW AVENUE TErNCE SOUTHEASTERLY TO A POINT AT R=GH_ ANGLES 225 0 FECT NORTH OF THE SOUTH LINE {F LOT 40 AND 216 0 FEET WEST OF SAID CENTER LINE OF FAIRVIEW AVr�E SAID POINT BE E CONCAVE TO THF. NORTH ANIS HAVING A BEING THE B EG I NN I NG OF A CURT; TO A POINT AT RIGgT NAGLES 98 0 FELTNQRTHFOF4TEFSaUTHTLII�IEYOF ALONG SAID C.�V AND 143 0 FEET W=ST OF SAID CC'�TER LINE OF FAIRVI;W AV-N.UE THCNCE NORT�4AS7=-RL, 149 0 FEET TO A POINT WITHIN SAID FAIRVI=W AVzNUE, VACATED, SAID PVIN," BCItiG AT RIGET ANGLES, 5 0 FEET WEST OF SAID CENTER LINE OF FAIRVIEW AVZNr-= AND 155 0 FEET NORTH OF THE SOUTH LINE OF LOT 40, HE'REINA,FTER REFERRED TO AS POINT "A" THENCE CaNT�NUaINGTSAIDOLASTNG NQRTH£ASfiERLY CQURSE 6 D FEET, +�QRE OR LESS. TO SAID CCNT;:R LINO OF F A=AVT ;A AVAIL , _ ALSO} BEGINNING AT SAID POINT "B" ANGLES 1_ TH.�'NC.. S�7UTffE.RLY 545 0 FECT TO A FOrN— RIGET 1 2 0 FEET SOUT%l OF THE NORTH LINE OF LUT 42 AND 31 0 F== - OF SAID CENTER LINE OF FAIRVIEWE = AT RIGHT ANGLES 53 0 FEET NORTH OF � SOUTH LINE UOF OT 42 TEZRLy 160 0 FEET OFSA::) C�"NTER LINE QL' FAIAVI_ 2 AND 5 0,SCSARED TO '"W AVENUE, SAID POINT ALSO BEING E!MZlHA-'_A IC AS POINT "C" AND TRE r:ND OF SAID UNDERGROUND FASE•M.i'NT ALSO AN E&Sg "T 4 0 PE_�"T IN WI r -• LINE OF WI!IC3 IS DE'SCR '.7 AS T rE FOR A_"?IAL TELEPHONE EACILITIC5, --I C: =.!k J SEGINNING AT SAID POINT "C" "`":E_E'�1C._, SOUfiH.=R.. �' n p r __.. PARALL-I+ To SA:10 C�' ER LINE OF r'AIRVIE��T AV,:. ^r DIST'.�NT r�t��S TEE NORTH LINE OF ARROW $IGa-WAY 100 0 FEET �DE Z27 0 "`.c': • MOR; N 1 r 8539489 P;,G- 10 lob. 332_• _s20--20 '"ICOR TI'2'L; :NSUR.ANCC C0FvANv Gr & i 20 AN MMECORDED LEASE. A""CCT.NG '"-C ?R_%l:SCS -CR=:N S -A -,r=2 CxcCUTCD BY AND BETWEEN T.=- PA.R'I':CS NAM=:) F -=REIN, -CR TSC m=p-m ACJ UPON THE Tr."RMS, COVENANTS AND CONDITIONS T==?EZN =ROViDED, TY=E OF LEASE GROUND DATED : ANUARY 1. 1966 LESSOR TSE c'LINTKOTE COMPANY LESSEE' VCRNON ASPSALT 'MATERIALS COMPANY DISCLOSED BY NDT,C: OF qQN-RES?ONSI3ILITY RECORDED AUGUST 17, 1971 AS INSTRUMENT NO 3 S C-1 AZ*F: CTS PORTON OF LOTS 20 23, 32 AND 39, PRZMISLS KVCWN AS 2900 3UZN0 R:0 DRIVE NO ASSi3RANCC .S ktADE AS -0 "=FC PRESENT OWNERSEIP OF SAID LZASLHOLD OR v-4,77= ,kr": ECTING TFC RICATS OR TNTEREST OF TBE L: SSOa OR LESSE: IN SAID LEASE 21 AN EASEY[ENT AFFECTING T 7-C PORTON OF SAID LAND AND FOR TEE PURPOSES STATED HEREIN. AND INCIDENTAL PURPOSES, ( NO REPRESENTAT:ON IS MADE AS TO TEE PRE.5-.NT OWNEPSHIP OF SAID s ASrmE-tT ) FOR PUBLIC UTILITIES RECORDED NOVE.R EER 1 1971 AS INSTRUMENT NO 2601 A"FECTS TOUR STRIPS OF LAND LZING WITHIN LOTS 20 AND 23 AND WITHIN VACATED PORTIONS OF VAN METER STREET (2 0 FET WIDE AND T I F AVENUE (20 FE=7 WIDE), SAID STRIPS BEING DESCRIBED AS rOLLC STRIP ONE (10 rE:T WIDE T -Z CCNTSRLIN£ BEING DESCRIBED AS FOL,OWS) BEGINNING AT THE INTERSEC'T'ION OF THE SOUTRZ LY LINE OF SAID VACATED PORTION VAN X-nER STREET WITH THE SOUTHERLY ?RCLONGATION OF TEE WESTERLY LINE OF LO 23 THENCE NORTH 13 DEGRECS 00 MINUTES EAST TO TEZ SOUTHEASTERLY LINE OF T? LOS ANGELES COCNTY FLOOD CONTROL CF.ANNEL RIGHT OF WAY, 110 FEET WIDE LYI''ZG WITHIN SAID LOT 20, SAID RIGHT OF WAY BEING DESCRIBED IN TEAT C'—rRTAIN DE: D RECORDED IN BOOM 40428 PAGE 248, OFFICIAL RECORDS, IN TEE OFF TCE OF Te;. COU P—SCORDER OF SAID COUNTY STRIP TWO (10 FC.TT WIDE THC SOCT=LY LING BEING DESCRIBED AS FOLLOWS) BEGINNING ON = EASTERLY LIFE OF SAID STRIP ONE AT A POINT SOUT'f 13 0ZGP_L 00 MINUTES WEST, IS rZET FROM THE INTER' SECTION OF SAID EASTERLY LINE w4:TS 'I SOCTHF.ASTERLY LINE OF TEE LOS ANGELES COUNTY FLOOD CONTROL CHANNEL RICT." OF WAY, SAID POINT BEING LOCATED 1.0 FE:= MEASt3Ft= RADIALLY, QOM SAID SOUTHEASTERLY LI1I' I 'I`EENCE NORTH 57 DEGRECS 00 MINUTES EAST, 240 r_CT TO A POINT THAT IS 10 rT-n SOUTR=ASTERLY, ME'ASUREED RADIALLY FROM SAID SOUTH= -AST RLY LINE THENCE NORTE 63 DEGREES 50 MINUTES 00 SECONDS IAS:' 200 FEET TO A POINT THAT IS 3Q FEET SoUTH=AST=vL,y, 4EASURED AT RIGET ANGLES 00 SAID SOUTHEASTERLY LINE STRIP T'==EC (10 FC :T WIDE THC c=nT: RLINL 3CING ::SCRIBED AS "DL..OWS ) SCGINNING ON THC C`NTE";,L:NE OF SAID STRID ON= AT A MOr6NT SOUT-i 13 0=Gz=CS C "41NOTES WEST 9 FCCT FROM T'cl INTEPSCCI'ION OF SAID C--NTERLIN£ 417'7 T=- SOUT�T..EAST LY LIN£ OF TEE LOS ANG.ELCS COUNTY FLOOD CONTROL CHANNCL R:C-= C - WAY , SAID POINT B=ING LOCAT=0 S FCCT SOUT==AS" =RLI mZASURCD RAD i ^,.. L r SAID SC}UTECASTERLY LINE T£.'NCD SOUTH 57 0=GRCCS 00 MINUT S 4=S"". :5 -=== 8539489 PAGE 11 883..4 _420320 TICOR TYTLS :gSJRANCC COMPANY OF C:ALI"ORNIA I la MORE OR LZSS, TO A POINT ON Tw= 4ESTERL f LINE OF LOT 23 STRIP FOUR 14 TEAT PORTION OF SAZD LOTS 20 AND 23 AND "'4.0 VACATED PORTION OF TZ'A.r AV_NL SOUNDED ON T=: NOR' By T'q= SC3UTT4ZASTL'RL t ..:NZ OF SAID LOS XNGL.CS CCC. FLOOD CONTROL CHANNEL RiGj OF �At ON TuE .A5 T BY TH : EASTERL t ..:N= OF VACATED PC?RTZDN OF TI -AL AV=N'UE ON T. --Z *SES' BY STR.'� TWO AND ON T -C SO(.,' -- TEE FOLLOWING DESCRIBED LINZ BEGINNING AT TFE NORT%iEAS': L'RLY "'CRMINUS OF ""JC SOU'r=ASTCRLY ::NZ OF TWO TEENCE SOUTEEASTERLi 2-5 r= -T MARC OR LESS. TO A ?O:NT ON Tr -E ZAS' =R LINE OF TEE VACATED PORTON OF '" I ^ U AV_NUE DISTANT SOUTHERL f 2 3 r'C_ "Rym :NTERSECTION OF SA:0 EASTERL t L :NE alTi ":'EO NQRTI3=AST=RLY PROLONG^ ION 0= SOUTzI£AS": EPL f LIVE OF SA=D "LOOD CONTR©L Cz!ANNCL RIG3T OF 4Af 22 AN EASEMENT AFF EC': ING Tz_ PORTION OF SAID LAND AND FOR TH PURPOSES STATED SEREM AND INCIDENTAL PURPOSES, ( NO REPRESENTATION IS MALE AS TO TEE PR=SF-NT OWNERSR:P OF SAID EAS=XZNT) FOR Z'UBLIC UTIL.T1`_S RECORDED NOVZM£ER 1 1971 AS INSTRUMENT NO 3636 ArrECTS FOUR STRIPS OF LAND LYING WITHIN LOTS 20 AND 23 OF AND WZ'.' T=-. VACATED PORTIONS OF VAN MLTn STRE'E'T (20 7'."`T WIDE) AN '*.FAL AVENUE (20 FE =T WOE) , SAID STRIPS BEING DESCRIBED. AS FOLLOWS STRIP ONE (10 FZ= WID£ TEC C- 14Z BEING DL"SCRI3EJ kS FOLLOWS) BEGINNING AT TE : INTERSCC":.r.ON OF 7=.= SOUTH --lLY LiVE OF SAID VACATED PORTIO VAN KETER STREET WITH T'S_ SOUT q.- RLY PROLONGATION OF THE oir-STSRL t LINE OF L 23 TE -."NCE NORTH 13 DEGREiS 00 MINUTES EAST TO THE SOUTEMASTSRLY L:NZ Or -I LOS ANGELES COUNTY FLOOD CONTROL CHANNEL RIGET OF WAY, 110 F_C': WIDE, L _' = N WITSIN SAID LOT 20, SAID RIGHT OF WAY BEING DESCRIBED IN TEAT C=RTA:l DCCO RECORDED IN BOOR 40428 PAGE 248r OFFICIAL RECORDSr IN TZ -ow OF"ICE OF T== CO PECORDER OF SAID COUNTY STRIP TWO (10 FEET WIDE Tis SOUTHERLY LINE BEING DESCRIBED AS FOLLOWS) BEGINNING ON T4..,.E EASTMLY LINE OF SAID STRIP ONE AT A POINT SOUTH 13 DEGRE 00 -MINUTES WEST. 1$ FE.ti'T FRO?'! THE INTERSECTZOEi OF SAID EASTERLY LZN-- iii :-: SOUTEEASTERLY LINZ Or = LOS ANG: LES CflUwTY FLOOD CONTROL CEANNEL :tTGn. C WAY, SAID POINT BEING LOCATED 10 FM=T 'AEASJRED RADIALLY# FROM SAID SOUTEFASTEP.LY LINE TH."NCS NORTE 57 D ZGRZ=S 00 MINII': ES EAST, 240 r7 r POINT 'TEAT ZS 10 FEET SOUTEI=ASTERLY, '4 ASUr=0 PUUTALLY, FROM SAID SOCTS,EASTERLY LINE, TF. -NCE NORTE 63 DEGRECS 50 MINUTES 00 SCCoNr)S Zks" 2C FEET TO A POINT TEAT IS 10 FCCT SOUTFEASTL'RLY, M.rASJR=D AT RIGHT ANG '-=s -" SAID SCOUTELASTEMLY LINE STRIP THREE (10 F=-= WIDE C=SIT=R LANE 3C?NG DCSCI:�Z3 D AS 'QL LO'S ) SCGINNING On T=-= CST=aL I'VE OF STR T_ P ONE AT A MO INT SOUT3 13 0=0? _CS 00 ki:x TES WEST 9 F==T T=: :NTERSEC':ON OF SAID c=NTzRLI'4= WI=s C -C SOL3"Ia...CASTER:,,Y LINEOF Tom= LOS ANc=LCS COUNTY FLOOD CONTROL C?4NNZ'- 4At, SAID POINT SZ:NG LOC.AT=D 5 :ETSOU":?EAST.:..RLt# u=ASURED ZAOIAL_ SAID SOU "6BZASTU?LY w:N~7 T==NC= St7. LT'u? 57O .GrZ=,S 00 ',lINUTCS RES'" 8539,,9 PAG:. 12 Aavmh-.� 20 -aft%, i I 883; ?320320 R 'z: TICOR TITLE :NSL`i ANC= COKPANY OF CAL:-0RN:A MORE OR LESS, TO A POINT ON TEE +BEST=RL � LIME OF LOT 23 STRIP FOUR THAT PORTION OF SAID LOTS 20 AND 23 AND Tei= VACATZ0 PORT_CN OF TI"'�.�. AVNL= BOUNDED ON TEE NORT'l EST Sy 11= SOQ r'lZASTERL f LI'4E OF SAID LOS ANG-- C'-iLN FLOOD CONTROL CEANNEL RIGHT OF 4AY ON TEE EAST BY T=E EASTERLI 6IN= 0 - VACATED PORTION OF TZ: AL AVENUE ON TSE= WEST BY STRIa T/40 AND ON T -iZ SOL-.-: 5 THE FOLLOWING DESCRZ3ED LANE BEGINNING AT nZ NORTBEAS': ERLY "*::RMINUS OF TH." SOUT= =ASTERLY :,InE OF S-1-1:= TWO THENCE NORTREASTDRLY 215 : E=T, MORE OR LESS, TO A POINT ON %E=--AS---7Z- LINE OF THE VACATED PORTION OF 71FAL AVENUE DISTANT SOUTREASTERLI 23 "==T _:� TEE INTERSEC'":ON OF SAID =ASTERLY LINE WITS TtIE NORVIZA=RLX C THE SOUTHEASTERLY LINE OF SAID FLOOD CONTROL CHANNEL RIGHT OF WAY 23 AN EASEMENT Ax rEC r:NG -E= PORTION OF SAID LJkND AND FOR TEZ PURPOSES STATED ffZREIq, AND INCIDENTAL PURPOSES, jk (NO REPnS=NTAT ION IS MADE AS TO TEE PRESENT OWNERSHIP OF SAID FAS=%�ZN"T ) FOR PUBLIC UTILITI.S RECORDED OCTOBER 24, 1972 AS INSTRUMENT NO 5114 AFFECTS THE NORTHERLY 10 F=rT OF THE SOUTHEASTERLY 2S F=ET OF TEE _ WEST :RLY 360 FE=T OF LOT 23 24 AN EASEMENT AF+=CTING TH= PORT:ON OF SAID LAND AND FOR THE PURPOS ES STATED ffEREIN, AND INCIDENTAL PURFUSES ( NO REPRESENTATION IS MADE AS TO TRE PRESENT OW'NERSr"sIP OF SAID EASLM=NT ) .FOR PUBLIC UTILITIES 3ECORDED DECEMBER 16o 1983 AS INSTROMMENT NO 83-1493940 OF ':CIS RECORDS AFFECTS AS FOLLOWS PROSE CERTAIN STRIPS OF LAND, 10 Ft"ET IN WIDTE, LYING WITEIN THE J R LC3t PRACT NO 1, AS SROWN ON MAP RECORDED IN BOOK 14 PAGE 29 OF MAPS, IN Tom: OFFICE OF TEE COMMY RECORDER OF SAID COUNTY THE C=NTERLINES OF SAID STRIP 8L"IZZ DESIGNATED AND DELINEATED AS "C=NTERL ZNE OF 10 -FOOT EASEFEENT TO SOU`T- CALIT ORNIA EDISON COMPANY" ON THE MAP MARKED EXHIBIT "A�" ATTACEED E=a r : Q ANI BY REFER."CE FADE A PART HZRZOF TEE GRANTEE, SY TEE ACCEPTANCE OF TFI S INSTRUMENT, AGRE= S TEAT IN T== =V _NT THE EL=CTRIC SERVICE FOR WHICH SAID SYSTZKS ARE CONSTRUCTED 16 ORDER= D I SCONTINLTED . AND TEE GRA TEE IS NCT R :QU IRED BY ANY LAW, RULE OR or ANY GOVZRNKMMAtiL Ati ORITY To FURNISH ELECTRIC SERVICE OR ELECTRIC =N=RG FROM SAID SYSTEMS, GRANTEE WILL, AT ITS ELECTION RE.HOVE OR ABANDON 'N 'r AC IN W94CLE OR IN PART, SAID SYSTEMS WITHIN 90 DAYS AFTER TH : RECZV-'T F -:Oki GRANTOR(S) OF A NOTIC= IN WRITING OF TEE DISCONTINUANCE OF SERVIC= AND R=QUrSTING R.�'MOVAL AND/OR ABANDONIw—ENT OF SAID SYSTEM, AND S S-lS£NQC "4 Sw RF 40VAL AND/QR ABANDONM-"- iT SHALL QUITCLAIM ALL RIGHTS ACQCIRED TINDER T -'S GRANT OF EASEMENT 8539489 PAGE 13 �:w aa3_y _3z��2� dk L >> T:CQR TITLE INS+�'RANCE CC)K?,A,�tY OF C.A�.."OAN . 1= PQR"r" ON QF SA: -.d LAND AND -OR "p- C 25 AN F'ASEMENT AFF ECT Z NG _ .- PURPOSES STATED HEREIN. AND ZNC:DENTAL PURPOSES. ( NUJ REPRESENTATION IS MADE AS ITS T3: PR=S:.'1T C)G�N=A53IP OF SAID CASEuEV T ) PUBLIC Q �. FOCQRDED KXRC3 29, 1984 AS INS?RUM :VT L NO 84-383073 07 :C:AP:CORDS AFFECTS AS FOLLOWS TWO STRIPS OF LAND, STRI' VO BEING 3 00 FOOT '-'`� WID�"H �►L.. SHOWN ON MAP RECORDED IN BOOK RECORDRR OF SAID LOS ANG=LES THE CENTERLINES OF OF 10 00 FWT AND 3 CALIFORNIA , ON TISE MADE A PART 4=REOF 1 BC:NG 10 00 :L'_` IN WIDTE, AND VQ 2 _ t:NG W70"t1IN TEE J R i.OF'"US 'TR.AC'T NO _ r►S 14 OF 'MAPS, PAGE 29, :4 TA=E OFF IC : OF 'ru= COUNTY SAID STRIPS 8EIN(3 DESIGNATED AND dCLINEA':ED AS C=SIT='JL:N= 00 FOOT =AS EXENTS '"0 GENERAL TSL=Z'RONE C014PAN t OF MAP MARKED EXHIBIT A . AT'TACALD n=R=TO AND BY TEE GRANTEE, BY TEE ACCEPTANC= OF TRIS INSTRUMENT, AGREES TEAT IN T3= EV=NT TBE TELEPRONE SERVICE FOR WHICH SAID SYSTEMS ARE CONSTRUCTED IS ORDERED DISCONTINiTEO, AND TEE GRAN'TrE IS NOT REQUIRED BY ANN LAW, RULE OR REGULATION or ANy GOVERNM. MAL AUTHORITY TO FURNISE TELEPHONE SERVIC : FROM SAID SYS XS GRANTEE WILL, AT ITS ELECTION, F€ HOVE OR ABANDOM IN PLACE. 11 WEOLE OR IN PART, SAID SYSTEMS WITHIN 90 HAYS ASTER TFESvICP2ANDFROM REQ ST�GTOR OF A REMOVAL NOTICE IN WRITING OF TEE DISCONTINUANC." 0 ND/CBR ABANDONMENT OF SAID SYSTEMS AND SUBSEQUENT TO SUCH REMOVAL AND/ORA ABAl=NZ4=cVT, SHALL QUITCLAIM ALL RIGHTS AC.QUIR=D UNDER THIS GRANT OF =nSE.�';,. "` .,r rtr RTION OF SAID LAND AND FOR TEE 26 AN EAS EXENT At r -C _ _ NG TEx. Pt0 PURPOSES STATED EZREIN, AND INCIDENTAL PURPOSES, (No REPRESENTATION IS MADE AS TO TE : PR :SaENT OWN 'ZSEi� OF SAID PUBLIC UTILITIES RECORDED OCTOBER 31, 1984 AS INSTRUMENT NO 34-1301107 Or FICIAL R=CORI AFFECTS AS FOLLOWS A STRiP OF LA►AiD 10 FEET IN WIDTH LYING WITEIK LOTS 2 4 , 31, 46 AND 47 OF T?D R LC31�'TLIS TRACT NO 1, AS PER MAP RECORDED IN BOOK 14 PAGE 29 OF MAPS, iN T�{ CSF�"ICE OF TEE CDIIr3'rY RECORDER OF SAID COUNTY AND WITEIN VAN ITER STREET, VACATED. TEE NORTEEASTERLY LINE OF SAID STRIP SS -AL BE COI2� T ENTAL WITHEc. DECD TO Tl»;:= SOCTB'W£STL'RLY LINZ OF TEE SANTA FE CZANNEL, AS DESCRIBED IN �r R :CORA ED OCTOBER 30 1952 AS LOS ANGELES Ct?t7NR'Y F Lt�4D CONTROL DIS ,R S CT . __ � = DOCMJ.ENT NO 2917 ► IN BWK 40 201 AG£ 3 34 , OF ICTAL R=CORDS , i '=H-- flt _C_ r SAID RECORDER ... THE NORTHWESTERLY 470 SXC=PIING FRO14 SAID 10 FOOT WIDE S L$IP ► TEE GRANTS=, BY TEE ACCEPTANCE OF THIS INSTRVMk=NT. AGREES TEAT ,.N TH-. - • THE ELECTRIC SLRVIC= FOR WHICH SAID SYST .14S ARE CONSTRUCT.: D IS ORDS -RED ""C'` DISC4R'TINZ3=D, AND THE GRANTCE IS NOT R=QUIRCD BY ANY LAW, RIILE �- OF ANY GOV RNMENTAL AUTRORITY TO r�?RNISR EL :CTRIC S;.RVICS OR EL_CTRIC E'�I G -RCM SAID SYSTF.IJS GR.ANTZ= WILL AT ITS :L =CTrON RE.'�iOVi OR ABANDON IN ?LAC IN WROLE. OR IN PART SAID SYSTS-uS W! -&_J6 -_N 1 S 0 DAYS AFT E"1. TBE RHC=:?T =QOM GRANTOR (S) OF A NcTZCE IN WRITING OF TH= OiSCOA1TI�TUp.NCE OF 5 :RVIC: AND k_QUZSTING Rr..OVAL AND/OR ABANZONNiENT 0' SAID SiST=.''�fS AND SJ35L,4Ur'`7T "O S""RZ140VAL AND/OR ABANOONN.=NT S .ALL QUI'"C:..AI'4 ALS -GRTS ACQUIR='D 3539489 PACs= 14 law-% dS314=3zosz0 1 TICOR "::71 F. TNSJ-RANC; COMPANY OF CALIFORNIA t GRANT OF EASF.M--z'�+iT EASE �'=ECTING TRC-raRT-flNPURPOSESL,�ND AND FOR TV= 27 rIN, AND tNC_OENTAL PURPOS STATED 8g-- AS "'0 TSS. PRESENT OWNERS�I,z OF SAID EASE } (140 REPRESENTATION IS MADE FOR PUBLIC UT+L:TI.S 7'3T SIO 85.0-412612I26z2 r- _AL=CGR:�S RECORDED AFR=L -2, _985 A5 :vSTRC�M_ AFFECTS AS FOLLOWS TRIP OF LAND, SIX (61 =C=' I�1 Sjo,"H LYING WIT%IIN LOTS 42 ANS? 43 Or A 5 AS SEWN ON MAP F :I.ED IN BOOK 14 ?AGE 29 OF '�.A'S T`� " LQFTUS. TRACT NO 1. ASD 'S gFTC : OF THE COUNTY RECURD,.R OF SAID COUNTY SAID SIX FOOT STRZM -~ O ` QESIGNATED Ai+iU DELSNEA,TED AS CCNTERLIPIE OF 6- OOT EASEME CALIFORNIA =DISON COMPANY ON TR= MAP MARKED EXH23IT A'. ATTACHED BY REFERENCC MADE A PART 2 g AN EASEMEN AF'".C'= =*IG ZHC PORTION OF SAID LAND AND FOR THE "* FURPOSES STATED 92REIN • AND LNCIDENTAL PURPOSES CORPORATION IN FAVOR OF THE CITY OF LRW I"IDALE RES ENTAT ION I S MADE AS TG TEE PRESENT OWNERSHIP O£ SAID EAS E"�iE�I (NO REP PUSLIC ROAD PURPOSES FOR JUNE 2, 1988 AS INSTRUMENT NO as -878240 RECORDED AS SET OUT T9Z ~ E IPI AZTEC:Ts 2g WATER RIGHTS CHYITuEOPUHLICETO R.iCflROS=RI - WH.zTHER OR NOT SROwN 30 WE W?LL INFORM YOU LATrR wa=Tan C L T A ENDORSEMENT NO 100 CAN RE ISSUED 31 RIG3TS OF PARTI: S IN POSSESSION OF SAID LANLD SYSZAR ASO FOR OF NR UECORDED LEASES . IF ANY KINDLY FORWARD 5 EXAMINATION 33 ANY FACTS r RSGFTS INT=7,Z_TS OR CLAIMS W3ICH A CtRRECT SURVE " WO LO SEoi 33 PtTF�Sz314Ar'T"T TO SDCTIONS 480 3 AHD 480 4 OF TSE x O rA �� 0TAXA T :. C `� Gi3DC, 00 TEE COUNTY tj ALL DCCII TSC�TLARE NOT IN COMPLIANCE WITS, SA;D RECORDING FEE LTPOLB ALL DQ F T "r ?LEASE PAVE T?C CODE TD AVOID BEING ASS SSL�TIE A DITIONALC�E'=Zr F. OF flWN�SaIP r�_7GR_ HQYwR OR 'i'RAhTSr FREE COMPLt... AND ATTACH TO TELE APPROPRIATE p©CUMENT 8539489 P;►G : I. 833-, -320J20 'WICOR '"ITL: :N57 -.ANC= CCm'zANv C-. DESCRIP'r:cN LOTS 33 TO 43 INCLOS IVE AND '"%CSZ =QRT'.ONS OF LOTS 20 22 23 24 25, 31 22 44, 45 46 AND 47 4F THE J R LOF':US :'RAC" NO L :N TJE CITY Or T_�WlNZALZ COUNTY OF LOS ANGEL=S, STATE OF CAL I "ORN IA AS P:R 'SAP R=CORD:O :N 3C�CK -4 PAGE 29 OF k A?S Iy I' Or-2CC OF iuC COLN r f RECORDER OF SAID COUNT -r "OGZ`-'- 41TH THOSE PORTIONS OF PL=ASANT 71-W AVENUZ, 40 F:ET WIDE VAN METER STRCC^' ( 40 F== 410E) , TIFAL AVCN4E (40 F=E'_' WZDE) AND TEAT C=RTAIN ALLEi (20 F==- tIZDE) , AS SHOWN ON SAID k AP OF TE= J R LO7TUS TRACT AND ALSO T%AT ')OR::0N OF SECTION 1, TOWNSriIP 1 SOU'"i RANGE. Ll WEST, AZUSA RANCHO, FINALL L CONF, R_u =: TO ANDREAS DUARTE Z14 SAID C:Tt COUNTY AND STATE, AS PER %tAP RECORDED iN BCCr 2 PAGES 560 AND 561 OF ZAI'ENTS :N SAID RECORDER S OFFICE, AND ALSO SHOWN AS - PORTION OF SAID SZCT.ON ON '"B= S%JBDIVIS:ON OF SAID RANCAO, RECORD£0 LV BOOK 6 PAGE 80 ET S,GQ , OF q:SC=LLANEOUS R=CORDS, IN SAID RECORDER S 4r: =CC DESCRIBED AS A WHOLE AS r OLLOWS BEGINNING AT TEE SOUTE=RLt DROLONGATION OF THE WESTERLY LINE OF LOT 35 OF SAI= J R LOFTUS TRACT, WITS THE NORTH=ASTERLY LINE OF ARROW HIGHWAY (NOW KNOWN AS LIVE OAK AVENUE AS SAYZ EXISTED ON NOVEMSER 1, 1938 TH.=C£ NORTEERLY ALONG SAID SOUTEZERLY P' 0LONGAT ; ON TO 7== SOUTHWEST CORNER OF SAID LOI 35 THENCE NORTE RLY ALONG TEE WESTERLY LINE OF LOTS 35, 34, 33 AND 32 OF SAID J R LOFTUS TRACT TO TSE SOUTE=LY LINE OF TEE LAND DESCRIBED IN THE D,_ED TO TS= LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, RECORDED FEBRUARY 191 1953 AS INSTRUMENT NO 2401, IN HOOK 41017 PAGE 74 OFFICIAL R:CQROS, IN SAID RECORDER S OFFI CC THENCE ALONG TSE SOUTE="-lL Y L:NEw OF TEE LAND DESCRIBED IN SAID DEED AS FOLLOWS SOUTH 84 DEG?Z=S 04 MINUTE'S 34 S:CONDS EAST 283 55 - AND NORTS, 89 DEGREiS 26 MINUTES 38 SECONDS EAST 125 15 F=w`T TO THE S0G "TviiS'T CORNER OF T= LAND DESCRIBED AS PARCEL 5 1 IN TEE DEED TO FL INTKOTE COMPANY RECORDED APRIL 10, 1969 AS INSTRUMENT NO 3401, IN BOOK D-4335 PAGE 241 OFFICIAL RECORDS IN SAID RECORDER S OF7IC: T;s=NCE ALONG THC BOUNDARY LIMES OF SAID LAND OF FLINTKDTE COMPANY AS FOLLOWS NORTHMLY ALONG A C=RVE CONCAVE SCCTW?CAST RLY SAVING A RADIUS OF 1450 -F _E'I', A.,% ARC DISTANCE OF 11 53 FE .ET r NORTEMASTERLY ALONG A CURV = CONCAVE NORTHWES T E -u T fiAVING A RADIUS OF 269 80 FEET, AN ARC DISTANCE Of 189 70 FEET AND SOUTH 44 DEGREES 53 MINUTE'S 18 SECONDS :AST 13 12 FEET TO TEE CURVED SOUTQ._EAST .RLY LIN= OF THE LAND DESCRIBED IN SAID DE,"'D R_CORDED IN BOOK 41017 PAC'-'"* 74 OF SAID OFFICIAL RECORDS TE NCr NORTHF STERLY ALONG SAID CURVED SOLT=ASTERLY LINE BEING A CURVE CONCAVE SO TREASTERLY SAVING A RAD113S OF 1355 FEET AND IT S NORTEMA.STERLY CONTINUATION TEz---OZ F) TO A POINT IN TEE WESTERLY LIME OF SAID LLAT 23; TEs'NCE NORTMEMMY ALONG TH= WZST.rRL Y LINE OF SAID LOTS 23 AND 20 TO NORTHWEST Comm or SAID LOT 20 Ta -.,NCE ZASTERLY ALONG THE NORTHI~RLY LIN= 0" SAID LOT 20 TQ TSAT CERTAIN COURSE. RECITED AS SAVING A BEARING AND LLNGTH OF SOUT3 00 Ds""i.re'iEE 33 MINUTES 27 SECONDS ::AST 795 49 F==" IN TRE BOUNDARY L:`i:: OF TEE LAND CONDEMNED FOR FLOOD CONTROL PURPOSES, =- T2:RED IN LOS ANC ZT..:S COUNTY SUP=-RIOR COURT CASE NO 602743t A C=RTIFIED COPY OF WHICH WAS RECO===:) DECEKBER 2, 1952 AS INSTRUMENT NO 3102, IN BOOR 40428 PAGE 344 0. SAID 07F ICIAL R.ECORMS TEEENCE SOUT2-RLY ALONG SAID LAST D£SCRZBED COURS: (A40 II' S St?UT=..-'-ILY PROLOIGATIC?N) TO TE= G :NT=R LINE OF 8UINO RIO DRIV; (LOO -==-: 4=Dr ) AS DESCRIBED IN TEE DEED T4 TH= COUNTY OF LOS ANGEL=S RECORDED T=L f -4 - 9 5 -• RS INSTRUMENT NO 2746, IN BOOK 45060 PAG: 356 OF SAID OFFICIAL RECORDS "*y -NCE NOR'I'=_ EAST----ILY ALONG SAID LMS TO T=-= : ASTERLY LINE 0. SA;D -0 ZO TE --NC= SOUTE=LY ALONG SAID LINE TO A L:N-TEAT 3=APS NOR --J C D:GR==S 50 MIN=T=S 58 S=CONDS "AST AND o;--jIC3 =ASS=S-SPOUG3 A 20:N -N ' C=NTER LLNE OF SAID TT:"A� A4=�I4E, OLS+'r'LNT ?.TRL"ON SOUTH 00 0=aR==3 07 v= 8539489 pAGa 16 •,r .:20324 'OR W 0- fl rer* "ROK T?'" NORTHZAST CORNER OF LOT '64 O SA:: 57 SECONDS EAST 787 40 F_r• =_ TEMNCE NORTq 63 DEGRZ" 50 Mln=ZS 58 S-CONDS EAST ""fl i.CFTus TRACT .L'..;.21C: NORT?,rRLY ALONG 5r�I0 LAS '�l�1'"=0N-D .WESTERLY LINE QF S.�►ID LOT 25 flN +�JESTERL i LINE TO TEE NORTHW-3T CORNER OF SAID LOT 25 T -- _ NaRT3-RLY LIME OF SAID LST 25 TO , SAO IN ';E_ DISTRICT NCOURI" OF T-`r�v�N THE v A D ECRE- O F CONZ F_4NAl" J. DESCRIBED I _ _ TES IN AND SC?U"'j'ORH Q;STRFCT OF CALI"OR;+IIA C:�t':RAL DiJ:SIQN C STA 13 175E -Y CIVIL DOGE': a;„DQRDED Iy 9O4K 2d1QUT�r�zST:RLOYFL��L�dFA5Aj. ?DCJR NO .. I'd SAID R=RDER S OFA' IC; ': -�=NC: ALONG TEE 5 T -ID R ZONED LAND SaUT3 45 TS-" 2d MINiT; ES 4 6 SECONDS ;.AS': LAS " LAND DESCRIBED IN TEE t}E :D TO LOS A�iGItI_ T� 14OS A NORTJERLY CORNER Or _,...,. COUNTY FLDC30 CONTROL DI5TR:C:' �.CCDRDED QC":'QBER 30 r }952 AS i*iS""R;.�4I4'"w�0 2917, IN BOOK 40201 PAGE 330BOF SAyD OFFICIAL LAST�MENTIONEDRDS CDEAD�xAST O...c BOUNDARY L,:NES OF Tt:.;. LAND DESCRIBED IN 5�SLJTH 4 S DEGREES 0 5 '4jNU': ES 48 SECONDS FEST 392 13 FE" -Z • SOUTH 4 4 DEGRr I.5 �iIN[JTES L2 SECONDS :AST ,.30 -=Z7'. NtORTH 45_DEGRT. z QS MINQTESw48 SCCON05 Q FE :T , SOUT9 5 4 DEGRE-S 21 MIZMT ES 5 6 SECONDS EAST fi a 63 F.... SOUTu S4 25 r5 56 SECONDS EAST 60 83 F:=T AND SOUTH 44 DEGREES 54 Ii.INi DEGREES 21 MINUTES _ ""T TO THE EASTCRLY LINT OF SAID ALLEY='arNC£ 5 12 SECONDS EAST 1235 4tl F-_ 00 13EGRECS 10 MINUTES 06 SECONDS EAST ALONG SAIDAS-PARCELEXTION5D(AMENDED) TO TEE MAST NORTE=_RLY CORNER OF TEE LAND DESCRIBED " OF CQNDE.MNAT:ON, ENTERED IN LOS ANGEL=S COUNTY SUPERIOR C "HE FINAL ORDER E ND 842381, A CTI: ZED COPY OF WHICH WAS RECAt3�Ao�FICZALgCOR0519fi INS r IN BOOK 0-3115 PAGE 384 OF 5 INSTRUMENT ND 3 8 6 0, AS FOLLOWS ALONG THE BOUNDARY LINES OF SAID PARC -L 5 (AMEND E0 ) M S 31 �4INUTES 05 SECONDS WEST 3.1 56 FLET . Si}U TH 5 4 DIGR=IS SOUTH 5 2 DEGREES 14 1INUTES 26 SECONDS 4EST 176 71 F :.T j SOUTH 5 0 DEGREE SiCDND5�E5T i X75 $ 3 € TO 4EST L61 25 FEET AND SOUTH 68 DEGR=ZS L6 MIND . _ TO T'?: MUST WESTERLY CORNER TB�EflF, BEING A POINT IN TEE iNEa L�{ Z9��` pW gIGfiWAY ( 100 FEET WIDE) A5 DESCRIBED IN D L66 O. SAID OFFICIAL r T LY ALONG SAID LAST-ME*iTIaNED ! OF IAL RECORDS T4..:"NC.. ..A5 _ ER HIGrSwAY TO TSE WEST=RLY LIEN OF TEE LAND DES RIBED IIN BOCK 388Z4DPAGCTO �415flF 5A+ SECURITIES COMPANY R,ECQRDED APRIL 30, 19 3 2 OFFICIAL RECORDS THENCE StSt7T&ERLY ALONG SAID LAST-MENTIONED WE'STE-RLY L: _ r . : THE MAST N4?RTEERLY ATOR?'EF.AST CORNER OF PARCEL 3A {KRfl� E AS 384 50F r SA SAID FINAL ORDER OF CONDEMNATION. RECORDED IN BOO t3 '2'ICIAL R.E.CnROS 'i..�CE ALONG TEF. BOMMARY LINE NDS WEST 524 SAID C 8 4 FAC'=R p -AS FOLLOWS SOICTB 79 DEGR..Ea 59 KINUT_5 2 0 5 wt SOIi'I'S 2 9 L? EGR.�.-S 25 DS 3 9 MII�i= S 2 3 SECONDS EAST 384 6 4 -E= SN_ y SECONDS WEST 210 00 F.EEVT. SOUTH 63 DEGRE.FS 05 mj=,' ES 50 SECONDS EAST _. SaUT3=.A5TERLY HAVING A R-io" S , SOCTRW'�:�STERLY ALONG A CITRVE CflNCAtIC �- =S 44 SEC'N- It 3141 fl 0 Fz..""T , TERflIIG3 A CITRAL ANLL= OF 03 �D-GR_..S 4 9 S 04 rMIN 5T �__CONDS w :-5 ARC DISTANC:� Or 207 23 F. = SaQT3Mr2�r 09YS-CONDS WEST 65 95 F'-'" SO 899 91 FEET. SOIIT$ 63 DEGREES 46 u�y GRE -S 37 . DEGRrEs 0 4 MIN=ES 26 S-CONDS WEST 100 00 FEET . 5©UTH 17 0..r SiCONDS EAST 65 95 FEET. SOUT3 23 DE;GR'_S 04 MI�tL7T=5 26 SCCQNDS *CST -� ' SOUT3 5 0 }EGR :CS 0 B KZW T ES 44 S :CONDS WEST 101 08 Ft=T AND SOC. OEGR,_S 29 MINUTES 25 SECONDS WCST 54 78 F -:..T TO S.ALD FIRST -�4ENT ION -D w T'EZNCC NORT�w:.5: qLY ALONG S"-.• NORT�H=ASTZR' .LY LINE OF LIVE OAK AUE +�- OAK AVENUE TO TEE POINT OF S -GINNING EXC=pT '*=-.RE7 4OM TEOS- =ORT`ONS OF SAID .,OTS 20 23 25 AND - =A- SAI= TIAL AV=NU:. AS A W'dOLC �►5 ��7L..,O�sS 8539489 BAG- 17 � � E 381-4 -220 20 � 1 �1 T : COR 7: � !Z : NSL_AANCC CcMPANY O" CALIFORNIA BEGINNING AT THE INT=RSLCTION OF TEs NORTH 'RLY Li1IE OF SA:0 LOT 20 4-6-1 T -� CERTAIN COURSE =EINA CVE RECIT_0 AS RAVING A SEA.RI,VG AND ZNG j OF SCP DEGREES 33 HINQTES 27 SECONDS IAST 795 4 9 FCCT T s 7NCC SOL- 00 0 EGR: ,_ S? 3 MINVT :S 27 SECONDS EAST ALONG SAID COURS_ 50 CESCRISED TO -vr SarG- -=RL f TERMINUS TE_-REOF THENCE SOUTH 63 DEGR; .:S So '4IVL'IrS Be S=CONDS 47S7 2 2- ' F=ET TO A LINE THAT FS PARALLEL 41TE AND DISTANT +JEST=RLY 200 -==' (`'4ZASv RZ AT RIGHT ANGLCS) FROM THE ==REiNBF ORE 4ENT:flNED LINE RAV:NG A 3=ARIxJG 0- 'SOUTI 00 DEGRECS 33 'A:NL'7=S 27 SECONDS _AST" ':EZ4C= SOU'"3 Q 0 D=GR„S 33 MINUTES 27 SECONDS EAST ALONG SAID PARALLEL LL.N£ 94 82 F=F.T TO T== 3=GINN:%C 3F A CLRVE CONCAVE TO TuE SOUT"IEAST HAVING A RAD:us OF 1455 FE=: A RAD:A, i'siROUGd SAID PC:NT RAVING A 3EARIVG OF SOUTH 27 DEGREES 40 '4INL,T=S 24 S=CCW. EAST 7 --NC= NORTHEASTERLf ALONG SAID CURVE 38 94 FELT TO A POLI;" Or :'ANGCNC 44TH A ".INE HAVING A BEARI'3G OF gORTH 63 DEGRE_S S0 MINUT_S 58 SECONDS =AS” UM PASSING TVROIIGd A POINT SSS nS C_NTER LIME OF SAID TIFAL AVENLE DIS A�. SOUTH 00 DEGREES 07 MINUTES 57 S=COND S EAST TREREON 787 4 0 FEET '"ROM ''_' 4ORTHEAST PRL f CORNER OF LOT 14 OF SAID ,T R LO=S TRACT 'r='r qC= NOR7w_ 6 3 )EGRESS 50 MINUTES 58 SECONDS LEST ALONG SAID TANGENT LINE 466 33 F==: To :ENTERLINE OF SAID TIF AL AVENUE TELNCC NORTE 63 DEGREES So 4IN=*"v S 58 S_CC :AST 286 79 FEET TO A POINT IN T''= NORTR=RLY LINE OF SAID LOT 25 D I STAN T SORTH 89 DEGREES 26 MINUTES 36 S ZCONO S :AST TXZR.EON 237 7 2 FEET 7R014 T +- ;3RTHW£STERLY CORNER OF SAID LOT 25 TH.r'NCE NORTH 89 DEGREES 26 MINUTCS 36 SECONDS EAST ALONG SAID NORTEE_RLY LINE 83 96 FEET TO TEE MOST WEST=RLY CORN, ?F SAID PARCEL OF LAND DESCRIBED IN A DECREE OF C:ONDE.MNATION RECORDED IN a( '.0186 PAGE 13 OF SAID OFFICIAL RECORDS T2ENCE SOUTH 45 DEGREES 20 MINUTES ;ECONDS EAST ALONG TEE SOUTHWESTERLY LIVE OF SAID LAST-0ESCRI3ED LAND, A )ISTANCE OF 96 57 F7 -=T 'EZNCC SOUTH 45 DEGREES 05 MINU'T'ES 48 SECONDS WEST 132 13 FEC': ""u_NCC Yt- _ 4 DEGRECS 54 MINUTES 12 SECONDS WEST 13 15 F==T TO TME BEGINNING 0- A -ANG :URVE CONCAVE SOUTHERLY RAVING A RAD ITIS OF 70 FCRT THEN= ►BEST=RL f ALONG ;AID CURVE* A O I STANCE'. OF 87 04 FEDT THENCE SOUTH 63 DEGRE S So MI NUT ZS 58 ;ECONDS WEST TANGENT TO SAID CURVE AND ALONG A LINE PARALL :L WITH AND 'OUTEEASTERLY 110 FE :T ( MEASURED AT RIGET ANGLES) FROM SAID L'rNE FE- Z �I3E= Cr :ECITED RS RAVING* A SEARING AND LENGTE OF "NORTH 63 DECR :CS 50 MIN==S 58 ZCONDS EAST 252 3 3 ;=ET" TO TEE CENTER LINE OF SAID T IZAL AVENUE TtE=NC= :ONTINCING ALONG SAID LAST-MENTIONED PARALLEL LINE, A DISTANCZ OF 412 64 F- .!0 TEE BEGINNING OF A TANGENT CVRVE CONCAVE SOUTEEASTERLY , HAVING A RAO I u S c .355 FEET AND BEING CONCENTRIC WITH SAID CURVE RECITED ASOV£ AS RAVING A ADIUS OF 1465 FEET TE..,.FNCE SOUTHWESTERLY ALONG SAID =VE To AND ALONG T,= ;CUTHERLY CIIRVvD LINE OF TF£ LAND CESCRIBED IN SAID DECD ACCORDED LN SOCK E0428 PAGE 344 CHF SAID O"ICIAL RECORDS, A D:STANCC OF 337 85 FCCT "0 'OUTE—l" LY SCUTSWEST CORNER OF SAID LAST- DESCRI'3£D LAND TE :NCC Ai.ONG IOUNDARY LINES OF SAID LAST -DESCRIBED LAND AS FOLLOWS SORTS 00 DEGR=S 07 X:NUT= S7 S=CONDS WCST 140 53 MVE CONCAVE SC?=EASTERLY HAVING A qAZ ITIS OF 1465 s18 S2 FEET, NORTH 00 DEGREES 33 MINUrrS 27 SECONDS SOUTHWESTERLY ALONG, A CURVE CONCAVC SCUTEEASTCRLY = AN ARC DISTANCE OF 213 10 F==T To TEC w=STCRLY MZENCE NORTH 00 DEGREES 07 MIN7r_ =S 57 S :CC NOS 4EST .CTS 23 AND 20 TO TSC NORTSWEST CO}RN,R OF SAID LOT SAID LAS .-M,ENTIONED NOR'T_H RLY L ZNE TO T= ?O:NT OF 8539489 PAGE 13 F --= T , A -ON '==T, AN ARC ©L S T AN C= C W=ST 95 35 F == ft ANZ HAVING A RADIUS 07 -:30 LINE OF SASJ LOl" 2 2 _ ALONG SATD WOST01- - 20 _ B_G:NNLSSG lk ! 3$34 —.20330 :CCR C � : _C :�5 rc.��IC,: COMPA%" 0? CAr :'OR 41A '. U 0 P � C=NT RATE :H M4 4 4 8539489 FAG= 19 ;H1BiT "B» � p x Its� Ire S k T L RY F 1 w �F. 1ICNITY MAP NTS �p�mbnsrfi� kry,7rKiX¢/TF'S EXHIBIT "C" SCOPE OF DEVELOPMENT AND USE Developer and City agree that the Development shall be undertaken in accordance with the terms of the Agreement, which include the following I The Development a The Sublease Parcel shall be developed for use as interim office, storage and parking areas as described in this Scope of Development and Use and in substantial conformance with the Development Plan as approved by the City and as may be amended from time to time b Developer shall use Tenant's existing water tower to supply all of Developer's water needs c Developer may locate the following items on the Sublease Parcel (i) Two temporary office trailers (12 feet x 40 feet) (n) One temporary power pole (111) Three portable restrooms (iv) The following equipment to be used for the Caltrans Project -Twelve 6,000 gallon water trucks -Twenty arrow boards -Six changeable message signs (which shall not be used to send messages from the Sublease Parcel) -Four concrete pavement grinders -Four equipment storage containers (2 10 feet x 40 feet, 2 10 feet x 20 feet) -Eight traffic trucks -Two sweeper trucks -Four attenuators (v) One 10 -yard dumpster (v1) One concrete pad for vehicle maintenance (10 feet x 40 feet) (v11) Ten 2 5 ton utility trucks (viii) Vater trucks (1x) Sand gravel, rock and base to be used to produce concrete d Entry to the Sublease Parcel shall be from Arrow Highway via a gated entrance located on the southerly frontage approximately 2,000 feet west of the San Gabriel River Freeway (Interstate 605) e No concrete shall be mixed on the Sublease Parcel All concrete mixing shall occur at the 605 Freeway as necessary for paving -22- 1000ft, _00%6. 2 Use of the Sublease Parcel Developer's work on the Caltrans Project is to be performed from midnight to 6 00 a m, during which time, Developer may have approximately ten to fifteen employees in the field, working on the Caltrans Project These employees may park their personal vehicles on the Sublease Parcel while they are on duty In addition, Developer may have approximately three employees on the Sublease Parcel, working in the office trailer, during normal business hours These employees may also park their personal vehicles on the Sublease Parcel while they are on duty 3 Developer's Responsibilities a All graffiti shall be adequately and completely removed or painted over within 48 hours of such graffiti being affixed on any structure or fence at the Sublease Parcel b All weeds and debris on the Sublease Parcel shall be cleared and maintained C The Sublease Parcel shall be maintained free of litter d All abandoned sign structures shall be removed from the Sublease Parcel e All curb, gutter and sidewalk shall be constructed on the North side of the frontage of the Sublease Parcel beginning on the east side of the easterly driveway (approximately 200 lineal feet) f Comply with all necessary NPDES requirements pertaining to the proposed use g All temporary and permanent trailers shall meet the Building Code Developer shall secure building permits for all temporary portable restrooms and trailers h All unpaved areas shall meet AQMD requirements for dust control I A street sweeper shall sweep the frontage of the Sublease Parcel at least twice a day or as required by the City Engineer 1 The main entrance shall be concrete with a metal rumble strip (approximately 60 linear feet) k All undeveloped, unlandscaped areas within the maintenance yard shall be covered with one -inch diameter clean rock at a depth of four inches, subject to the approval of the City Engineer Such surface shall be continuously maintained to minimize dust impact 1 The applicant shall submit a spill prevention control plan and counter measure plan subject to the review and approval of the City Engineer within 45 days after the approval of the application m Comply with Fire Code Section 1002 regarding portable fire extinguishers -23- 01005/0018/41148 os n Developer shall allow City inspectors to access the Sublease Parcel to reasonably inspect the Sublease Parcel during the City's normal business hours to assure Developer's compliance with the terms of the Development Agreement o Developer shall ensure that its activities in connection with the Caltrans Project are operated completely on the Sublease Parcel Developer shall not allow any of its activities to encroach on any property other than the Sublease Parcel, including any public right-of-way P Developer shall ensure that all access by the general public to the Sublease Parcel is prohibited 4 Utilities The Developer agrees to use Tenant's existing water tower to supply all of Developer's water needs and to use the one approved temporary power pole to supply an electricity which is necessary for the Development — 24- 0100510019/41148 05 SCHEDULE OF PERFORMANCE ITEM OF PERFORMANCE TIME FOR REFERENCE PERFORMANCE 1 Developer executes and delivers June 22, 2006 Recitals A eement to Cit 2 City's Planting Commission holds Recitals public hearing and recommends approval of Agreement and May 4, 2006 Conditions of Approval 3 City Council holds hearings to Within 60 days of item no Recitals approve Agrdement and first and 2 above second reading of Ordinance 4 Developer to provide copy of Lease 22 to City 5 Developer prepares and submits to Within 30 days of the 34 City working drawings, approval by City of this specifications, and landscape plans Agreement and City commences approval process 6 City to approve drawings, Within 30 days from their 3 4 specifications, and landscape plans submittal by Applicant or provide Developer with comments to same 7 Developer submits revised Within 20 days after City drawings, specifications and provides comments landscape plans to City incorporating City's comments, if applicable 8 City approves revised drawings, Within 20 days after specifications and landscape plans Developer submits revised or sends additional comments to documents Developer, in which case the timelines of paragraphs 7 & 8 shall apply to such revisions - 25- 01005/0©18141148 05 I-Psw- ITEM OF PERFORMANCE TIME FOR REFERENCE PERFORMANCE 9 Developer to submit proof of June 22, 2006 7 1 2 insurance to Ci 10 Developer to obtain all necessary June 22, 2006 34 permits and commence its use of the Sublease Parcel 11 Developer to remove all equipment Before vacating the site and materials from the Sublease Parcel It is understood that the foregoing Schedule of Performance is subject to all of the terms and conditions set forth in the text of the Agreement The summary of the items of performance in this Schedule of Performance is not intended to supersede or modify the more complete description in the text, in the event of any conflict or inconsistency between this Schedule of Performance and the text of the Agreement, the text shall govern The time periods set forth in this Schedule of Performance may be altered or amended only by wntten agreement signed by both Developer and City A failure by either party to enforce a breach of any particular time provision shall not be construed as a waiver of any other time provision The City Manager shall have the authority to approve extensions of time without City Council action not to exceed a cumulative total of 120 days -26- 01005/0018/41148 05