Loading...
HomeMy Public PortalAbout2008.016 (02-05-08)RESOLUTION NO 2008.016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE LAND EXCHANGE AGREEMENT WITH PROPERTY OWNERS FOR THE LYNWOOD MEADOWS PARK PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE THE ~ AGREEMENT UPON FINAL VERIFICATION AND APPROVAL OF VESTING AND TITLE BY STAFF AND SPECIAL COUNSEL WHEREAS, the Lynwood Meadows Park Project is listed in the City's Capital Improvement Program for Fiscal Year 2007-08; and WHEREAS, the development of the project requires the exchange of portions of certain parcels of land owned by the City and the adjacent business, Filbar Tables, Inc. and the various trusts which also own land adjacent to the Lynwood Meadows Park (hereinafter referred to collectively as "Filbar Tables, Inc."); and WHEREAS, the Land Exchange Agreement has been prepared by Beltran & Medina pursuant to negotiations with the owners of the property and the review and direction by City staff. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lynwood hereby finds, orders and resolves as follows: Section 1. That the City Council of the City of Lynwood hereby approves the form of the Land Exchange Agreement attached hereto as Exhibit 1 with Filbar Tables, Inc. for the exchange of properties necessary for the development of the Lynwood Meadows Park Project. Section 2. That the Mayor is authorized to execute the Agreement; upon final verification and approval of.vesting and title by Staff and Special Counsel. Section 3. That this Resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 5th day of February, 2008. G~~i:Gc~ Mar a Teresa Santillan, Mayor City of Lynwood ATTEST: Maria Quinonez Roger L. H y, City Manager City Clerk, City of Lynwood City of Lynwood APPROVED AS TO FORM: ul Salinas 'rim City Attorney y of Lynwood STATE OF CALIFORNIA COUNTY OF LOS ANGELES APPROVED AS TO CONTENT: ~. ~ G. Daniel Ojeda, P. Director of Public Works /City Engineer City of Lynwood ) SS. I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and ado~ted by the City Council of the City of Lynwood at a regular meeting held on the 5t day of February, 2008. AYES: .COUNCIL MEMBER, CASTRO, FLORES, MARTINEZ, RODRIGUEZ, AND SANTILLAN NOES: NONE ABSENT: NONE ABSTAIN: NONE Maria Quinonez, Ci y Clerk STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2008.016 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 5t" day of February 2008 ~" Maria Quinonez, ity Clerk LAND EXCHANGE AGREEMENT This Land Exchange Agreement ("Agreement") is entered into as of 2008, by and between the City of Lynwood, a municipal corporation ("City") and Filbar Tables, Inc. (formerly Lamitt Company); Phillip Krinitt, Successor Trustee under Revocable Declaration of Trust executed by Ben Krinitt on December 30, 1968; Jennifer Lorre and Olivia Ann Graham, Successor Co-Trustees of Fund A-1, under Trust Agreement dated June 8, 1978 between Braxton Lambeth and Leola I. Lambeth; and Jennifer Lorre and Olivia Ann Graham, Successor Co- Trustees of Fund A-2, under Trust Agreement dated June 8, 1978 between $raxton Lambeth and Leola I. Lambeth (collectively, "Landowner"). City and Landowner are hereinafter collectively .referred to as the "Parties." RECITALS A. City is the fee owner of the following real property located in the City of Lynwood, County of Los Angeles, California: (i) approximately 938 ,square feet ("Parcel 1"); and (ii) approximately 9145 square feet ("Parcel 2"). Parcels 1 and 2 are more particularly described in Exhibit A attached hereto, and are hereinafter collectively referred to as the "City Property." B. Landowner is the fee owner of the following real property located in the City of Lynwood; County of Los Angeles, California: (i) approximately 2950 square feet located along the corner of Butler Avenue and Bellinger Street ("Parcel 3"); and (ii) approximately 8805 square feet located along State Street ("Parcel 4"). Parcels 3 and 4 are more particularly described in Exhibit B attached hereto, and are hereinafter collectively referred to as-the "Landowner Property." C. The City Council of the City of Lynwood ("City Council") has approved the construction of the Lynwood Meadows Park ("Park") pursuant to a grant from the San Gabriel r-, and Lower Los Angeles Rivers and Mountains Conversancy {the "RMC") on a site which ~ consists of vacant land presently owned by the City and Landowner. A site plan of the proposed ~, Park is attached hereto as Exhibit C. D. In exchange for the City Property, which Landowner will use to construct a driveway to provide for its ingress and egress from Esther. Avenue to the property located at 2828 Butler Avenue, Landowner. wishes to grant to the City the Landowner Property. The-City intends to use the Landowner Property fora public right of way (Parcel 3) and for construction of the Park (Parcel 4). E. To accomplish the foregoing, City and Landowner have agreed that subject to the terms and conditions set forth in this Agreement, (i) Landowner shall convey the Landowner Property to the City, and. (ii) City shall convey the City Property to Landowner. F. It is the intent of Landowner to utilize this transaction as part of an exchange of like-kind property under Internal Revenue Code §1031, and City agrees to cooperate in effecting IDOCS;7960.1:503615.3 I 1 such an exchange as provided for in this Agreement, provided said cooperation does not result in any costs to the City. G. The City Planning Commission has conducted a review pursuant to Government Code section 65402, and has determined that the City's acquisition of the Landowner Property and the disposition of the City Property pursuant to the terms hereof will be of benefit to the residents of the City and will be consistent with and shall facilitate implementation of the General Plan. H. The City Council has determined that the acquisition of the Landowner Property and the exchange of the City Property for the Landowner Property pursuant to this Agreement will facilitate completion of the Park, is consistent with the City's General Plan and will be in the best interests of the City and the health, safety and general welfare of the residents and the taxpayers of the City. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: Recitals~Effective Date. The Parties acknowledge that the foregoing recitals are true and correct and are incorporated herein by this reference. The effective date ("Effective Date") of this Agreement shall be the date upon which, following execution of the Agreement b.y Landowner, the Mayor of the City of Lynwood executes this Agreement following approval by the City Council. 2. Landowner Conveyance to the City. Subject to satisfaction of the conditions precedent (; set forth in this Section, Landowner shall convey to City, and City shall accept from Landowner, the Landowner Property in accordance with the terms, covenants and conditions set forth herein. The conveyance of the Landowner Property from Landowner to City shall be accomplished by recordation of Grant Deed(s), substantially in the form attached hereto as Exhibit D ("Landowner Grant Deed(s)"), following City Council action to accept title to the Landowner Property. ~I ~.J a. Notwithstanding anything to the contrary-set forth herein, conveyance of the Landowner Property to City is expressly conditioned upon the City's simultaneous conveyance of the City's Property to -the Landowner. City Conveyance to Landowner. Subject to satisfaction of the conditions precedent set forth in this Section, City shall convey to Landowner, and Landowner shall accept from City, the City Property in accordance with the terms, covenants and conditions set forth in this Agreement. The conveyance of the City Property from City to Landowner shall be accomplished by recordation of a Grant Deed, substantially in the form attached hereto as Exhibit E ("City Grant Deed"), following City Council action authorizing conveyance of the City Property. IDOCS:7960.1:503615.3 2 a. Notwithstanding anything to the contrary set forth herein, conveyance of the City `~i Property to Landowner is expressly conditioned upon the Landowner's simultaneous conveyance of the Landowner's Property to the City. 4. No Additional Compensation The Parties hereto acknowledge and agree that the exchange of parcels (which are nearly equal in square footage and located in close proximity to each other) provided for in this Agreement shall be considered an even exchange, and that na additional compensation of any kind shall be made. The performance of this Agreement constitutes the entire. consideration for the exchange and shall relieve each of the Parties of all further obligation to or claims against the other of the Parties on this account, or on account of the location, grade or construction of the proposed public Park. 5. Escrow and Closing. The Parties shall consummate the exchange of the City Property and the Landowner Property by opening an escrow (the "Escrow") with Lawyers Title Company (the "Escrow Agent") (or such other title company as shall be agreed upon by the Parties) promptly after the Effective Date of this Agreement. The address and telephone number of Lawyers Title Company is 915 Wilshire Boulevard, Suite 2100, Los Angeles, CA 90017, (213) 330-3100, and the Escrow Agent's representative is Lenard Cuevas, Commercial Escrow Officer. a. Upon the opening of Escrow, the Parties shall- deposit with the Escrow Agent an executed copy of this Agreement, which together with such additional instructions as may be executed by the Parties and delivered to Escrow Agent, shall serve as the escrow instructions. of the Landowner and Ciry for the conveyance of the Landowner Property to the City and the conveyance of the City Property to Landowner. In the event of any inconsistency between.this Agreement and such additional instructions, the terms of this Agreement will control. b. Each Party shall pay the cost of any title insurance such party elects to purchase with respect to the property to be acquired by such Party pursuant to this Agreement. To the extent that funds previously paid by the City to obtain Preliminary Title Reports and updates on the City and Landowner Property are available to be applied to the. cost of title insurance to be purchased by Landowner, such funds shall be reimbursed to City by Landowner. Landowner and City shall each pay one-half of all other closing costs and escrow fees (including without limitation, recording fees, documentary transfer tax, escrow charges and real estate transfer taxes) associated with the close of escrow ("Close of Escrow") for the conveyance of the Landowner Property to City and the conveyance of the City Property to Landowner. c. The Close of Escrow shall take at a mutually agreeable time and place on the closing Date ("Closing Date"), which shall be no later than thirty (30) days from the opening of Escrow, unless the Parties mutually agree to extend the Closing Date. However, Landowner acknowledges that time is of the essence because the City has a finite period in which to complete the Park pursuant. to its grant, and agrees not to unreasonably delay the Closing Date. IDOCS:7960,1:50361 S.3 P-^. Landowner. Not later than two (2) business days prior to the Closing Date, Landowner shall deposit into Escrow the following: 1. Fully executed Grant Deed(s), substantially in the form attached hereto as Exhibit D, sufficient to convey to City good and marketable fee simple title to the Landowner Property, free from all title defects and encumbrances, except as follows: (i) the provisions and effect. of the Lynwood Redevelopment Plan for the Alameda Project Area; (ii) liens for non-delinquent general and special taxes, assessments and/or bonds; and (iii) such other conditions, liens,. encumbrances, restrictions,. easements and exceptions as set forth below: (a) Exceptions 1, 2, 3, 4 and 6 described in Schedule B of the Landowner Updated Preliminary Title Report (as defined in Section 6.a. of this Agreement). (b) Any discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose. 2. Such additional duly executed instruments and documents, including those listed in the Requirements Section of Schedule B of the Updated Preliminary Title Report (as defined in Section 6 of this Agreement), as the Escrow Agent may reasonably require to consummate the conveyance of the Landowner Property to City and the City Property to Landowner. ii. City. Not later than two (2) business. days prior to the Closing, Date, City shall __ deposit into Escrow the following: 1. A fully executed Grant Deed, substantially in the farm attached hereto as Exhibit E, sufficient to convey to Landowner. good and .marketable fee simple title to the City Froperty, free -from all title defects and encumbrances, except as follows: (i) the provisions and effect of the Lynwood Redevelopment Plan for the Alameda Project Area; and (ii) such other conditions, liens, encumbrances, restrictions, easements and exceptions as set forth below: (a) Exceptions 1, 2, 3, 4, 5, 6, 7; $, 9, 10, 11 and 12 described in Schedule B of the City Updated Preliminary Title Report (as defined in Section 6.b. of this Agreement). (b) Any discrepancies, conflicts in boundary Lines, shortage in area, encroachments or any other facts which a correct survey would disclose. IDOCS:7960.1:503615.3 4 ~l) 2. A certified copy of the City Council's Resolution of Acceptance of the Landowner Properly, substantially in the form attached hereto as Exhibit F, which shall be attached to the fully-executed Landowner Grant Deed. 3. Such additional duly executed instruments and documents as the Escrow Agent may reasonably require to consummate the conveyance of . the Landowner Property to City and the City Property to Landowner. d. Closin Costs. Not less than one business day prior to the close of Escrow, the Parties shall each deposit into the Escrow their respective share of the Closing Costs, as specified in Section S.b of this Agreement. e. Prorations. In connection with the conveyance of the Landowner Property, to City and the City Property to Landowner, the Escrow Agent shall make the follbwirig prorations: property taxes and assessments shall be prorated as of the Closing Date based upon the most recent tax bill available, including any property taxes which may be assessed after the Closing Date but which pertain to the period prior to the transfer of title, regardless of when or to whom notice thereof is delivered. i. The Escrow Agent shall close escrow for the conveyance of the Landowner Property to the City by: (i) causing the Grant Deed(s) conveying the ,.;~,~ Landowner Property to City to be recorded in the official records of Los ``~: ;~ Angeles County, (ii) issuing the City Title Policy (defined in Section 7.a) and delivering same to City; and (iii) delivering to City a conformed copy of the Landowner Grant Deed(s), indicating recording information thereon. Possession of the Landowner Property shall be delivered to City on the Closing Date. ii. The. Escrow Agent shall close escrow .for the conveyance of the City Property to Landowner by: (i) causing the City Grant Deed to be recorded in the official records of Los Angeles County; (ii) issuing the Landowner Title Policy (defined in Section 7.b) and delivering same to Landowner; and (iii) delivering to Landowner a conformed copy of the City Grant Deed, indicating recording information thereon. Possession of the City Property shall be delivered to Landowner on the Closing Date. 6. Title Documents: a. The City has provided to Landowner's legal counsel copies of both a Preliminary Title Report for the Assessor's Parcel Numbers that make up the Landowner Property, and an updated version of the Preliminary Title Report (the "Landowner Updated Preliminary Title Report") showing those liens, encumbrances, easements, restrictions, conditions and other matters of record affecting Landowner's title to the Landowner Property as to the re-drawn parcels only: Landowner agrees to IDOCS:7960.1:5 03 615.3 use reasonable best efforts to comply with all the Requirements set forth in the Requirements Section of Schedule B of such Landowner Updated Preliminary Title (~.'; `: Report (LandAmerica/Lawyer's Title Order No. 0.9500186-68, dated as of January 14, 2008). b. The City has provided to Landowner's legal counsel copies of both a Preliminary Title Report for the Assessor's Parcel Numbers that make up the City Property, and an updated version of the Preliminary Title Report (the "City Updated Preliminary Title Report") showing those liens, encumbrances, easements, restrictions, conditions and other matters of record affecting City's title to the City Property as to the re-drawn parcels only. City agrees to use reasonable best efforts to comply with all the Requirements set forth in the Requirements Section of Schedule B of such City Updated Preliminary Title Report (LandAmerica/Lawyer's Title Order No. 09500185-68, dated as of January 14, 2008). 7. Title Policies. a. It shall be a condition to the Close of Escrow that Title Company shall deliver to City, no later than seven (7) days prior to the Closing Date, a title commitment for a CLTA Landowner's Title Insurance Policy ("City Title Policy") to be issued by Title Company, in an amount to be determined by the City; for the benefit .and protection of the City, showing title to the Landowner Property vested in the City, subject only to the exceptions set forth in Section S.c.i.l of this Agreement, including such endorsements as may reasonably be requested by the City and committing the Title - Company to issue the City Title Policy to the City upon the close of Escrow. ~( .... b. It shall be a condition to the Close of Escrow that Title Company shall deliver: to the Landowner, no later than seven (7) days prior to the Closing Date, a title commitment for a CLTA Landowner's Title Insurance Policy ("Landowner Title Policy") to be issued by Title Company, in an amount to be determined by Landowner, for the ' benefit and protection of Landowner,' showing title to the City Property vested in Landowner, subject only to the exceptions set forth in Section S.c.ii.l of this Agreement, including such endorsements as may reasonably be requested by Landowner and committing the Title Company to issue the Title Policy to Landowner upon the close of Escrow, 8. Conveyance of Title. On the Closing Date, Landowner shall convey by Grant Deed(s) to City marketable fee simple title to the Landowner Property, free and clear of all recorded and unrecorded liens, encumbrances, restrictions, easer~nents, and leases, except those listed in Section S.c.i, l of this Agreement. If title cannot be so conveyed, City, of its' option, may either accept the Landowner Property subject to the state of title as it then exists, without the payment of additional consideration by the Landowner, or (ii) terminate this Agreement as provided in Section 15. IDOCS:7960.1:503615.3 6 b. On the Closing Date, City shall convey by Grant Deed to Landowner marketable fee ~'~ simple title to the City Property, free and clear of all title defects and encumbrances other than those listed in Section S.c.ii. l of this Agreement. if title cannot be so conveyed, Landowner, at its option, may either accept the City Property subject to the state of title as it then exists, without the payment of additional consideration by the City, or (ii) terminate this Agreement as provided in Section 1 S. c. Nothing in this Agreement shall be construed to transfer rights other than surface ~`' rights to any other Party, and the City and Landowner Grant Deeds shall contain the f following reservation language: "Excepting and reserving all oil, hydrocarbon substances and minerals of every kind and character lying more than S00 feet below the surface of said land, together with the right to drill into, through, and to use-and occupy all parts of said land lying more than S00 feet below the surface thereof for any and all purposes incidental to the exploration for and production of oil, gas, hydrocarbon substances, or minerals from said lands but without, however, the right to use either the surface of said land or any portion of said land with S00 feet of the surface for any purpose or purposes whatsoever, not previously reserved." d. As a condition of the City's transfer of Parcels 1 and 2 to Landowner to provide ingress. and egress to 2828 Butler Street, Landowner agrees not to convey such parcels separately from Landowner's parcels to which Parcels 1 and 2 are immediately adjacent (APN Numbers 6169=014-023 and 61.69-014-026, more commonly known as 2828 Butler Street), and shall; within three (3) months following the recording of the deeds transferring the City Property to Landowner pursuant to this Agreement, either: (i) apply to City for aVoluntary/Owner-Initiated Merger of Parcels pursuant to Lynwood Municipal Code sections 24-4:11 et seq.; or (ii) record a Covenant and Agreement to Hold Property as One Parcel to accomplish same. e. City shall prepare and cause to be recorded a certificate of compliance as to the ~., remainder portions of Landowner's parcels located to the west of Parcel 4 (remainder I portions of APN Numbers 6169-016-017 and 6169-016-018) should such be deemed necessary to certify same as legal conforming parcels pursuant to state law and City of Lynwood ordinances. 9. License. Following the exchange of property described in this Agreement; Landowner will own property adjacent to the City's proposed Park (the "Park-adjacent Land"), Landowner hereby grants to City for the period commencing on the Closing Date and terminating. on the earlier of (i) the-date the Park construction is substantially completed (the "Park Completion Date") or (ii) August 31, 2008, a license {the "License") to enter upon Landowner's Park-adjacent Land as is necessary for the purpose of undertaking construction activities in connection with the construction of the Park, including but not limited to, grading the Park land and erecting the fence which will separate the Park from the Landowner's driveway and Park-adjacent land. a. The term "Park-adjacent Land" shall mean any property owned by Landowner and lying within an approximately ten foot (10') wide strip adjacent to the Landowner's CDOCS:7960.1:503615.3 '] property line as shown on the plat attached hereto as Exhibit G. I-iowever, if City determines during Park Construction that a more extensive License area is required, (` :.'~; upon written request from City, Landowner agrees to grant such additional access as is reasonably required by the City to complete Park construction provided such additional access does not unreasonably interfere with Landowner's operations at 2828 Butler Avenue; particularly driveway ingress and egress to the parking area at the rear of Landowner's building. b. In connection with any entry by the City upon the Park-adjacent Land pursuant to the License, City shall use its reasonable best efforts to minimize ariy interference with the use by Landowner or Landowner's tenants of the Park-adjacent Land. c. City shall indemnify, defend and hold harmless Landowner from all loss, cost, liability, expense, damage or other injury, including without limitation, attorneys-fees and all other costs and expenses incurred by reason of, or in any mariner resulting from the use by City of the License and/or any entry by City on the Park-adjacent Land pursuant to the License. This .Section shall survive the expiration or termination of this Agreement and the Close of Escrow (exchange of deeds) hereunder. d. City, at its expense, shall install and maintain (i) a steel fence with split.-faced block pilasters along the westerly property line of Park running from Bellinger Street to State Street and (ii) a locking gate at the approximate location shown on Exhibit G for entry into; and exit -from, the Park. Use of this Gate shall be restricted to: City; employees and invitees of the City; Landowner;. employees and invitees of Landowner; tenants of Landowner's properties adjoining Butler Avenue, Lynwood, ~~.. , California; and employees and invitees of such tenants. City shall retain the right to impose additional future reasonable restrictions on use of the gate; should the above- described use negatively impact the City's ability to maintain the safety, cleanliness and enjoyment of the Park. 10. Landowner's Representations and Warranties. a. Landowner hereby represents and warrants that to the best of its knowledge, as of the date hereof and as of the Close of Escrow, the following: (i) the .Landowner Property is free and has always been free of Hazardous Materials, as that term is defined in .Section 10.b of this Agreement, and it is not and has never been in violation of any Environmental Law; (ii) there are no buried or partially buried storage tanks located on the Landowner Property; (iii) Landowner has received no notice, warning, notice of violation, administrative complaint, judicial complaint or other formal or informal notice alleging that conditions. on the Landowner Property are or have ever been in violation of any Environmental Law, or informing-Landowner that the Landowner Property is subject to investigation or inquiry regarding Hazardous Materials on the Landowner Property, or the potential violation of an Environmental Law; (iv) there is no monitoring program required by the Environmental Protection Agency or any other governmental agency concerning the Landowner Property; (v) no toxic or hazardous chemicals, waste or substances of any kind have ever been spilled, ID OCS:7960.1:5 03 615.3 disposed of, or stored on, under or at the Landowner Property, whether by accident, .1 burying, drainage, or storage in containers, tanks, holding areas, or any other means; ~' (vi) the Landowner Property has never been used as a dump or landfill, except as otherwise disclosed herein; (vii) Landowner has disclosed to City all information, records, and studies in Landowner's possession or reasonably available to Landowner relating to the Landowner Property concerning Hazardous Materials; (viii) Landowner has not received any notice from any governmental authority of any threatened or pending zoning, building, fire or health code violations or violation of other governmental regulations concerning the Landowner Property that have not previously been corrected and no condition on the Landowner Property violates any health, safety, fire; environmental, sewage, building, or other federal, state or local _ law, ordinance or regulation; (ix) no contracts, licenses, leases or commitments- regarding the maintenance of use of the Landowner Property or allowing any third party right to use the Landowner Property are in force; (x) there are no pending (nor has Landowner received notice of any threatened) actions, suits, condemnation or other. proceedings against or affecting the Landowner Property or any portion thereof or the interest of Landowner in the Property; (xi) Landowner has not received any notice from any insurer of defects of the Landowner Property which have not been corrected; (xii) there are no natural or artificial conditions upon the' Landowner Property or any part thereof that could result in a material and adverse change in the condition of the Landowner Property; (xiii) all information that Landowner has delivered to City, either directly or through Landowner's agents, is accurate and complete; (xiv) and Landowner has disclosed all material facts concerning the -- ~ Landowner Property. i. As respects the foregoing representations and warranties, the City acknowledges and agrees that (i) the term "best of its knowledge" shall mean matters within the actual knowledge of Phillip K.rinitt ("Landowner Agent"); (ii) any doctrine of imputed knowledge from any other person or entity to any of the Landowner Agents shall be inapplicable, (iii) neither the Landowner nor any of the Landowner Agents has made, or caused to be made, an inspection or examination of the Landowner Property, or of any records pertaining to the- Landowner Property, as respects the matters which are the subject to of the representations and warranties contained in Section 10.a., and that neither the Landowner nor any of the Landowner Agents will, or is under any obligation to, make any such inspection or examination. ii. City's performance of a Phase I Environmental Site Assessment on certain portions of the Landowner Property following Landowner's disclosure that all or part of the Landowner Property "may have been the prior site of a trash dump," (as evidenced by the Right of Entry and Environmental Testing Agreement dated September 18, 2005) does'not relieve Landowner from the duty to indemnify City as set forth in Section l O.d of this Agreement. b. The term ("1-Iazardous Material") shall mean asbestos,,petroleum products, and any other hazardous waste or substance which has, as-of the date hereof, been determined TDOCS:7960.1:5036 ! 5.3 9 to be hazardous or a pollutant by any local governmental authority, the State of California, or the United States Government, including but not limited to, any material or substance which is (i) defined as a "hazardous waste," "extremely ~'' '' ` hazardous waste," or "restricted hazardous waste," under section 25115, 25117, or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) .defined as "hazardous substance" under section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account i Act), (iii) defined as a "hazardous material" "hazardous substance" or hazardous ~ waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) _ defined as a "hazardous substance" under Section 25281 of the California. Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos (vii) polychlorinated byphenyls, (viii) listed under article 9 or defined as "hazardous" pursuant to article 1 of Title 22 of the California Code of Regulations, Division 4.5, Chapter 50, (ix) designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. §1317); (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq. (42 U.S.C. §6903); or (xi) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42. U.S.C. §6901 et seq. (42 U.S.C. §9601). c. Additional Representations. Landowner further represents and warrants that this ,..-..,. Agreement and all other documents delivered or to be delivered in connection (( ~ 4~.~ herewith shall at the time of their delivery: (i) have been duly authorized, authorized, executed, and delivered by Landowner; (ii) be the binding obligations of Landowner; (iii) collectively be sufficient to transfer all of Landowner's right, title and interest in and to the Landowner Property; .and (iv) not. be in violation of the provisions of any agreement to which Landowner is a party or which affects the Landowner Property. Landowner further represents and warrants that the persons who have executed this Agreement on behalf of Landowner are authorized to do so, that Landowner has the legal right to enter into this Agreement and to perform all of its terms and conditions, and that this Agreement is enforceable against Landowner in accordance with its terms. d. Indemnity. Landowner shall indemnify, defend and hold harmless City from all loss, cost, liability, expense, damage or other injury, including without limitation, attorneys fees and all other costs and expenses incurred by reason of, or in any manner resulting from the breach by Landowner of any representation or warranty contained in this Agreement. This Section shall survive the expiration or termination of this Agreement and the Close of Escrow (exchange of deeds) hereunder. 1 1. Landowner's Covenants. Landowner covenants that from the Effective Date of this Agreement and through the Close of Escrow, Landowner: (i) shall not voluntarily permit any liens, encumbrances or easements to be placed on the Property other than those stated (:.._ IDOCS:7460;1:503615.3 10 in Section S.c.i.l of this Agreement; (ii) shall not without the prior written consent of `~ City, enter into any agreement regarding the sale, rental, management, repair, improvement, or any other matter affecting the Landowner Property that would be binding on the City or the Landowner Property after the Close of Escrow; (iii) shall not permit any act or waste that would tend to diminish the value of the Landowner Property for any reason; and (iv) shall maintain the Landowner Property in its condition as of the date hereof, in accordance with Landowner's established practices. ~"' a. Landowner shall indemnify, defend and hold harmless City from all loss, cost, liability, expense, damage, or other injury, including without limitation, attorneys fees and all other costs and expenses incurred by reason of, or in any manner resulting from the breach by Landowner of any covenant contained in this Section.. This Section shall survive the expiration or termination of this Agreement and the Close of Escrow (exchange of deeds);hereunder. 12. City's Representations and Warranties a. City hereby represents and warrants that to the best of its knowledge, as of the date hereof and as of the Close of Escrow, the following: (i) the City Property is free and has always been free of Hazardous Materials (as that term is defined in Section 10.b. of this Agreement) and it is not and has never been in violation of any Environmental Law; (ii) there are no buried or partially buried storage tanks located on the City Property; (iii) City has received no notice, warning, notice of violation, administrative --, l complaint, judicial complaint or other formal or informal notice alleging that _, ' conditions on the City Property are or have ever been in violation of any Environmental Law, or informing City that the City Property is subject to investigation or inquiry regarding Hazardous Materials on the City Property, or the potential violation of an Environmental Law; (iv) there is no monitoring program required by the Environmental Protection Agency or any other governmental agency conceming the City Property; (v) no toxic or hazardous chemicals, waste or substances of any kind have ever been spilled, disposed of, or stored on, under or at the City Property, whether by accident, burying, drainage, or storage in containers, tanks, holding areas, or any other means; (vi) the City Property has never been used as a dump or landfill; (vii) City has disclosed to City all information, records; and studies in City's possession or reasonably available to City relating to the City Property concerning Hazardous Materials; (viii) City has not received any notice from any governmental authority of any threatened or pending. zoning, building,. fire or health code violations or violation of other governmental regulations concerning the City Property that have not previously been corrected and nb condition on the City Property violates any health; safety, fire, environmental, sewage, building, or other federal, state or local law, ordinance or regulation; (ix) no contracts, licenses, leases or commitments regarding the maintenance of use of the City Property or allowing any third party right to use the City Property are in force; (x) there are no pending (nor has City received notice of any threatened) actions, suits, condemnation or other proceedings against or affecting the City Property or any portion thereof or the interest of City in the Property; (xi) City has not received any notice from any 1DOCS:7960.1:5 0361 S.3 1 1 insurer of defects of the City Property which have not been corrected; (xii) there are no natural or artificial conditions upon the City Property or any part thereof that could result in a material and adverse change in the condition of the City Property; (xiii) all information that City has delivered to City, either directly or through City's agents, is accurate and complete; (xiv) and City has disclosed all material facts concerning the City Property. As respects the foregoing representations and warranties, the Landowner ( • acknowledges and agrees that (i) the term. "best of its knowledge" shall mean ~ matters within the actual knowledge of the following persons only: Roger Haley, Lynwood City Manager; G. Daniel Ojeda, Lynwood City Engineer; _ and Paul Nguyen, Lynwood CIP Manager ("City Agents"), (ii) any doctrine of imputed knowledge from any other person or entity to any of the City Agents shall be inapplicable, (iii) neither the City nor any of the City Agents has made, or caused to be made, an inspection or examination of the City Property, or of any records pertaining to the City Property, as respects the matters which are the subject of the representations and warranties contained in Section 12.a., and that neither the City nor any of the City Agents will, or is under any obligation to, make any such inspection or examination. b. Additional Representations. City further represents and warrants that this Agreement and all other documents delivered in connection herewith, prior to or on the Closing Date shall at the time of their delivery: (i) be duly authorized, executed, and delivered by City; (ii) be the binding obligations of City; and (iii) not be in violation of the provisions of any agreement to which City is a party. City further represents and warrants that the persons who have executed this Agreement on behalf of the City are duly authorized to do so, that City has the legal right to enter into this Agreement and to perform all of its terms and. conditions, and that Agreement is enforceable against the City in accordance with -its terms. City further acknowledges that Landowner has advised City that all or some portion of the Landowner Property may have been the site of a prior trash dump. Indemni .City shall indemnify, defend and hold harmless Landowner from all loss, cost, liability, expense, damage or other injury, including without limitation, attorneys fees and all other costs and expenses incurred by reason of, or in any manner resulting from the breach by City of any representation or warranty contained in this Agreement. This Section shall survive the expiration or termination of this Agreement and the Close of Escrow (exchange of deeds) hereunder. 13. City's Covenants. City covenants that from the Effective Date of this Agreement and through the Close of Escrow, City: (i) shall not voluntarily. permit any liens, encumbrances or easements to be placed on the Property other than those stated in Section S.c.ii.l of this Agreement; (ii) shall not without the prior written consent of Landowner, enter into any agreement regarding the sale, rental, management, repair, improvement, or any other matter affecting the City Property that would be binding on the City or the City Property after the Close of Escrow;. (iii) shall not permit any act or IDOCS:7960.1:503615.3 .12 waste that would tend to diminish the value of the City Property for any reason; and (iv) - ~ shall maintain the Cit Pro ert :) ~ y p yin its condition as of the date hereof, in accordance with City s established practices. a. City shall indemnify, defend and hold harmless Landowner from all loss, cost, liability, expense, damage, or other injury, including without limitation, attorneys fees and all other costs and expenses incurred by reason of, or in any manner resulting from the breach by City of any covenant contained in this Section. This Section shall r--~ survive the expiration or termination of this Agreement and the Close of Escrow (exchange of deeds) hereunder. 14. Grading Drainage Plan and Other Improvements. Landowner has advised City of the current water "ponding" problem, that occurs on the easternmost portion of Landowner's parking lot (presently used by Landowner's tenant Michels and Company Furniture and referred to hereinafter as the "Parking Lot") during and following rainstorms. To assist Landowner it its efforts to redesign/reconstruct this Parking Lot and improve drainage, City agrees that any grading or other improvement performed by the City on the Park property, including the Landowner Property after acquisition thereof by the City, shall be in substantial compliance with the Lynwood Meadows Park Storm Drain Plans referenced in Exhibit H of this Agreement, and stormwater management best practices required by the City's grant from .the RMC. a. Landowner acknowledges and agrees that some alteration, redesign, demolition, - ~ ~} grading and/or reconstruction of its Parking Lot will be required in order to ensure '`. _,,i .proper operation of the Park Drainage Plan, and both Parties shall make reasonable best efforts to cooperate with each other during grading, demolition, reconstruction and like events required for the completion of Landowner's Parking Lot and City's Park. . b. Landowner further acknowledges and understands that despite City's implementation of the Park Drainage Plan and .despite Landowner's alteration; redesign, demolition, grading and/or reconstruction of its Parking Lot, the City cannot guarantee that various degrees of water "ponding" during moderate to severe storm events will not occur. c. Any alteration, redesign, demolition, grading and/or reconstruction of Landowner's Parking Lot or other Landowner Property (including the City Property following conveyance by City to Landowner) shall be performed at Landowner's sole expense. d. Landowner, its agents, tenants'and the successors and assigns of these parties agree to keep any "weep holes" or other drainage openings located on the Park-adjacent Land clear of dirt, leaves, debris and all other obstructions on a year-round basis. The duty to keep the "weep holes" or other drainage openings clear shall continue in perpetuity and shall survive the expiration or termination of this Agreement and the Close of Escrow (exchange of deeds) hereunder. IDOCS:7960. L 503615.3 I ~ 15. Notification. Each of the Parties ("Notifying Party") shall notify the other Party ("Notified Party") of any facts that would cause any of the representations contained in this Agreement to be untrue as of the Close of Escrow. If the Notified Party reasonably believes that any such fact materially and adversely affects the property to be received by the Notified Party, the Notified Party shall have the option to terminate this Agreement by delivering written notice thereof to the Notifying Party. In the event the Notified Party elects to terminate this Agreement, all funds and documents deposited into Escrow by or on behalf of the Notified Party shall be returned to the Notified Party, and all rights and obligations hereunder shall terminate. 16. Parties not Co-Venturers• No Brokers. Nothing in this Agreement is intended to or does establish the Parties as partners, co-venturers, or principal and agent with one another. Each Party hereby represents and warrants to the other Party that it has retained no broker or other part to whom a commission or finder's fee is due with respect fo the transactions contemplated hereby. 17. Contingency. This Agreement is subject to the specific acceptance and approval of the Lynwood City Council. The Mayor's signature on this Agreement shall signify said acceptance and approval by the City. 18. Captions. The captions appearing at the commencement of the paragraphs hereof are descriptive only and are for convenience of reference. Should there be any conflict between any such caption grid the paragraph at the head of which it appears, the paragraph, and not such caption, shall control and govern in the construction of this ~ Agreement. \\ ~;; 19. Assignment. Neither this Agreement nor any interest in this Agreement will be assignable by either Party without the prior written consent of the other. 20. Successors and Assigns. Subject to the restrictions against assignment contained in ~ _ ~ Section 19 of this Agreement, the terms conditions; covenants and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the Parties hereto.. 21. Notices. Except as otherwise specified in this Agreement, all notices to be sent pursuant hereto shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice. To City: City of Lynwood 11330 Bullis Road Lynwood,. CA 90262 Attn: City Engineer With copy to: Lynwood City Manager IDOCS:7960.1:503615.3 14 11330 Bullis Road Lynwood, CA 90262 To Landowner: Filbar Tables, Inc., Phillip Krinitt, Trustee, Jennifer Lorre and Olivia Anne Graham, Trustees c1o Phillip Krinitt 27762 Pebble Beach Mission Viejo, CA 92692 With copy to: Melvin S. Spears, Esq. Ervin, Cohen & Jessup LLP 9401 Wilshire Boulevard, Ninth Floor Beverly Hills, CA 90212 22. Governing Law. All questions with respect to the construction of this Agreement, and .the rights and liabilities of the Parties hereto shall be governed by the laws of the State of California. 23. Separate Counterparts. This Agreement may be executed in one or more separate counterparts, each of which; when so executed, shall be deemed to be an original. Such _ counterparts shall, together, constitute one and the same document. ~J 24. Amendment. This Agreement may not be released, amended, or modified in any manner except by an instrument in writing signed by each of the Parties. 25. Agreement Construed As If Jointly Prepared. This Agreement has been drafted by all of the Parties. In the event a court is required to interpret this Agreement, no party shall. have the right to argue that the other is responsible for any ambiguity in the language of this Agreement, and any uncertainty or ambiguity shall not be interpreted against any one Party. 26. Waiver. No delay or failure by either Party to exercise any right hereunder, or to enforce any provision of this Agreement will be considered a waiver. thereof and shall in no way impair or prejudice any right or remedy available to the Parties with regard to any breach or default. No single waiver will constitute a continuing or subsequent waiver. 27. Survival. Certain provisions of this Agreement contain specific statements that such provisions shall survive the delivery of deeds under this Agreement. In addition, any other provisions of this Agreement which require survival in order to carry out the manifested intent of the Parties to this Agreement shall not merge with the delivery of the deeds hereunder, but shall also survive the Close of Escrow (exchange of deeds), .unless such provisions contain a specific statement that such provisions shall not survive the Close of Escrow (exchange of deeds). TDOCS:7960. I :503615.3 15 28. Severability. If any provision or any part of any provision of this Agreement is found to be invalid or unenforceable, the balance of this Agreement shall re>nain in full force and effect. 29. Entire Agreement. This Agreement, including Exhibits A through H attached hereto, contains the entire agreement between the Parties, and supersedes any prior written or oral agreements between the Parties concerning the subject matter contained in this Agreement. There are no representations; agreements, warranties or understandings, oral or written, between the Parties relating to the subject matter contained in this Agreement that are not fully expressed in this Agreement. IN WITNESS HEREOF, the City and Landowner have executed this Agreement as of the date first written above. LANDOWNER: FILBAR TABLES, INC. (formerly Lamitt Company) By: CITY: CITY OF LYNWOOD By: Maria Teresa Santillan, Mayor Phillip Krinitt, President Attest: Phillip Krinitt, Successor Trustee under Revocable Declaration of Trust executed by Ben Krinitt on December 30, 1968 City Clerk Approved By: Jennifer Lorre, Successor Co-Trustee of Fund A-1, under Trust Agreement dated June 8, 1978 between Braxton Lambeth and Leola I. Lambeth Olivia Ann Graham, Successor Co-Trustee of Fund A-1, under Trust Agreement dated June 8, 1978 between Braxton Lambeth and Leola I. Lambeth City Engineer IDOCS:7960! 1:503615.3 16 ~ ~ ".,.. Jennifer Lorre, Successor Co-Trustee of Fund A=2, under Trust Agreement dated June 8, 1978 between Braxton Lambeth and Leola I. Lambeth Olivia Ann Graham, Successor Co-Trustee of Fund A-2, under Trust Agreement dated June 8, 1978 between Braxton Lambeth and Leola I. Lambeth ' APPROVED AS TO FORM: Lynwood City Attorney Melvin S: Spears, Attorney for Landowner IDOCS:7960.1:503615.3 17 EXHIBIT A i ' ) ~~~ EXHiBTT A-1 LEGAL DESCRIPTION i "PARCEL 1" THOSE PORTIONS OF ESTHER STREET (VACATED), LOT 1.7, AND 2p FOOT W(DE ALLI=Y A~. SHOV1!N .ON: MAP OF MC~D,JE~~A ACRES; IN THE. CfT1' OF. LYNUU'OOD; COI~NTY OF LO:S ANGELES STATE Q>~ GAI.JFORNI/A, AS PER MAP RECORDEb IN BOOK 1p, F'X~GE 33:' OF MAPS.; JN THE .C}`FFlGE; ~~ THE CQ'u:NTI' REGC~RDE'R. C'SF SAID GQ:UNTI', DES~RIBEa AS F'ptJ+QV11S': ©Mf~ENOING AT TH;E NO:RTHI!UESTER1r.Y ~b,RNER QF SAID l.flT 47:; T'HEN~E SflU'i"H 01 1.3~p0 ~1EST~, 137;77 FEET TO THE TRUI= P~`!`NT O'F BEGINNING; THENCE SOUTH 40°2'~'Op" EAST`16~.36 FEET TGQ A PO'tNT QN THE CENTJ*R'L(NE OF .SAID 20 Fq'pT V~{DE` ALLEY; THENCE' ALONG S'AI`D ~ENT~RLINE, NaRTH 8&°47'.p0y' 1lV:E-ST; 40 1~ FEETT' TD A PCOINT~ ~7N TH!~. SID SfluT'HW~1`ER1~Y LINOS SAID MODIES-KA ACRES.; TH'E'NCE ,4L.ONG ` .NORTH 4Q°26'0.0" WEST, 1.09 FE.EI" TO TN:E CENTERLINE O-F S.AtD E'STHER Sfif~EET; T'f-(ENCE /~L4N~ ~qlp GENTER~LINE, Np3RT1~' 0.1'13'0.0." EAST, 45:1 FEET,.. TQ . THE NORTHW.E~TERtY PRptON~ATIflN QF TH'E OL?URS:E HJ=R'EINABf~VE DES~CR'lBED, AS "SOUTH 40°~5'0~d~~ EAST, 16 ~6 FEET "~ THEN'CE SOUTH 40°26'OQ" EAST; 45<15 FEET TO THE TRiJ.E POINT QF BEC.I:NNINO. CONTAINS 938` SQUARE' FEET, MORE OR LESS /~s sfxown c~ ExhibitA-2 attached hereto arrd by this reference made a parf hereof , f~reparecl under my.supervis~on!i ~,,~,; ~~ ~~,; y , , ti ~- (,~u~w ~ ~ I~.a~ Da.~id 0. K-n~dl PtS ~3C11 !Dane ' ~ ~ ~. Ili c'~.,'F' •r` ~j~F .~ _. i r eFC~o 938 SQUARE FEET I I . ~.j ~ 1=XHIBIT A-3 LEGAL DESCRIPTION ~, ', ,,PARCEL ~"' ' THOSE PORTIONS OF LOTS 7, 8, A'ND 9 AND THAT PORTfON OF ESTHER STREET (VACATED) AS S:H01NN ON MAI' O:F MDDJESKA ACRES, IN THE CITY OF LYNINOOD, COUNTY O'F LOS ANGELES, STATE OF CALIFO:RNIA, AS PER. MAP' RECORDED 7N; BOOK 10, PAGE 33 OF MAPS, IN THE OFFICE OF THE GO`UNTY RECORDER OF SAID COUNTY, DESCRIQED AS FOLLOWS; i, BEGLNN.INCC AT A POINT .QN THE SOUTHERLY LINE OF SA;C~ LOT 7 DPSTANT SOUTH 88°48'28'`" EAST; 10.72 FEET FROIVf THE S'QUTHVIIESTERLY CORNE~I OF SA1D L4T; THENCE CON:TLN:UIN~ ALONG o ~ ,~ SAID SOUTHERLY LINE, SOUTH 8'8' 48' 25 EAST, 17.0 FEET TO THE -B~EGI'NNING O:F A- NON TAI~G~NT CURVE GONGAVE• NORTHEASTEf~LY- ~ ~ -- • AND HAVING A RADIUS OF 1250.00 FEET, A RADIAL. LGNE TO SAID POi.NT B~EAR~S .SOUTH 61 °10'48'' WEST; THENCE NOhTH1NESTERLY ALONG SAtC? CURVE, 2.09 FEET THROUGH A CENTRAL ANGLE OF 00°58'00'" TO THE ~EGIN:NITV'G OF A REVERS' CURVE CONCAVE SOUTFi174'ESTERCY AND "., - HAVING A RADIUS OF 17;00 FEET; THENCE NORTHWESTERLY ALONG' _. SAlD CURVE, 18:09 FEET THROUGH A CENTRAL ANG'l.E OF 60°5T13'';.. THENCE PARALLEL .WITH SAID ~'QUTHERLY LINE OF LOT 7, SOUTH 88°48'25" EAST, ~Q';..~9 FEET; THENCE SOUTH ~4°48'47" EAST; 2.95,46 FEET Tfl THE CENTERLINE OF SAId ESTHER 'STREET; THENCE NQRT ~~ N. 8°1 °18Y24 WLST, 3.0 2.6: FEET'~~ TC3 THE. WESTERLY L6NE OF SAID ESTHER STREET, SALD PAINT BEING THE 1NTERSEGTION OF SA(D WESTERLY LINE WITH:THE SO""UTHEASTERL.Y EXTENSION QF' THAT CERTAIN CURVE HAVING A RAp1US OF 1250.p0 FEET AND WHI'CN FORMS THE NORTHEASTERLY LINE OF''~ .THE -LAND DESCRIBED IN DOCU'M'ENT RECORDED AUGUST 28, 1973 AS INSTRUMENT NO 3117! OFFICIAL RECORDS O:F SAID CQ.UNTY, A RADIAL LINE TO SALO POINT BEAR'S SOUTH 46°28`0" WEST; THENCE N4RTHINESTERLY ALONG. SAtD G,IjR.VE,. X66.64 FEET THROUGH A CENTRAL ANGLE Q1= 12°13'19'' TO THE POINT-OF BEGINNING: i CONTAINS 9;145 SQUARE FEET, MORE OR LESS As shown on Exhibif A=4 attached hereto and by this refere made apart :hereof , .G~,°'"-~;r~ Prepa:recl under my supervision; ~~ t~ ~~~ c ~ ~,~ ,~ w I ~~, ~. n t ~,,.,; ~ ~ ~. ` David"O. Knell PLS 5`301 Date ~~'~ ...~...-~~~ .~ ;~ '~ _~ ..., '°PAi~~EL X80 1 F® v~ ~ LL1 I ~..~ 1 F- 1 1 ,~ - I ~ 1 ~ ~ i 1 cn LtJ ~ 1 ` ~ F- - 1 ~ ~. 1 .~., I W. ~~I ~ 1 ~~ ~. 1 ~ 0 1' N,m ~i~\ 4~ A ~. .. . . _ .. . , . ~, , . 2y _ `,, _ BU T;L E R - - ,~ -' ,'` ~ ~, A • E' IV ~ ~ L - , ~' ."' ~ N88 ° q,8 i 25.,x, -~' ~Yr ~ ~. '4'7 7.05" ~'. .~` ~ rl~. ~ ~i - I ~ ` /~ ~~~~~ i ~ , ~ Aa++~G w I v; * ~ ~ Q i' b ~~2 O~ NI~~ ~\j fj~tn ~pd _~ I c~, C'aQ !~, y>. as PARCEL 2 A5 $'HOWN t'~UT ^r > ~ 1 v v' O ! it` NOT OE'SC.f~ LE.fED•1 LN 1 NST. I > ~q ~y H0. 3116 O.R. RECORDED Vii. '~_ 4 ~0 ~ AUG. 28, 1973 C ~` a~ ~~~ Sa 1 ~O~ `. hl ,:. P:., ' }- ~ .. ! C1) .DS u ' ;D"~' 9 ~9e- o ~\? :• ` d ~~. a ' • ~9. `"~ 1." CLT }-' ~; 0=00°,56'00" R=r 250.00' L=21.09' ~~- \~ il O 0=67)° 57' 13" R= 1 T. 00' L=18.09 ` ~~i ~~...~ a~~~A~ __. N&r'rg'2q„ Q~-L,~ 30.26' W ~, W11d-e.n WfL.LDAN SCALE i"=511' DA`if t/03Y08 ENGINEERS o PLANNERS DRAIVNBY.D.BfY£RBACH LEGAL-LOTB.FLG SKET"CH TO ACG.DMPANY 13191 CROSSROAt15 ~ A'ARKNgY NORTH. SU1 iE 405 ~ ~L~.E G la L ~ OBE S CR 1 P T I ON 1NOUSTRY rCA. 9i.ra6-3497 CHECKED 9Y D.KNEIi LYNw000~/AtEA00wS t 5fi2'7 .908-6200 «~\ } ~. i'~. 1 I ~` ~ EXHIBIT B-1 f ' LEGAL DESCRfPTION „FAR~'E'L ,~.~,~ THOSE PORTIONS OF BUTLER AVENUE AN:D BE:LL(NGER STREET AS ~ ~ .SHOWN ON PARCEL MAP NO. 19504, IN THE CITY OF LYNINOOp; COUNTY (~F LO'S ANGELES, 8T'RTE OF CALIFOI~N(A, AS PER PP,RCEL MAP ~IIED 1N _ B00'K 213, PAGES 11 AND 1~ OF PARCEL MAPS, IN THE OFf1CE OF THE COUNTY RECORDER OF SAIQ COUNTY, DESCRLBED AS FOLLOWS: B'EGiNN1NG AT THE INTERSECTION QF THE SOUTHERLY LINE OF SAID BUTLER AVENUE 1NITH THE EASTERLY LINE O"F BELLINGER ROA© AS S°HOV~/'N ON SAID PARCEL MAP; THENCE NORTH 89°48'16".WEST ALONG . SAID R'LG~HT QF WAY LfNE 'b;~ BU.I"LER AVE°N'UE .A DIS`l"ANGE OF 1g~ .a~ i FEET' TO THE CUSP ~F A TANGENT CURVE GQNCAVE NbRTHW`ESfi~RL~' .. ,AND' .HAVING A RADIUS D;F 3$0:00 FEAT; THENCE -NQR'TH;EA~T~I~~;1~ . ...: ........ _._--. _._ ALONE SAID CURVE '1'71.93 FEET' THROUGH A CENTRAL ANGLE 26n~~°23"' . TNEN:CE NORTH: 64°16'21" EAST, 17 37 l*EET. TO THE BEGfN~JI~MC? (~':F A `f`ANG'Ef~1T' CUR1(E CONCAVE $UIJTHEf2LY A'ND HAV(NG A F~ADEU 12.0`0 FEET; THENCE EASTERLY ALgN:G SAID CURWE 4.90 FEET THROUGH A CENTRALANGLE OF 1'6°31'3-0" TO A POINT IN THE EASTERLY RIGHT Of= 1NAY LINE OF B;ELLING'ER ,STREET, A RADIAL LINE TO SAID ~.~ PAINT BEARS NORTH 9°12'09" UV:EST; THENCE -SOUTH 0°01'3.5" WEST ;ALONG SAID EASTERLY R=`fGt~T OF WAY LINE A DISTANCE OF 47.:31 FEEL" TO THE POINT OF l3EG(NNING. NOTE: THE BAStS:O+ BEARINGS FOR TH1S LEGAL IS TH'E EASTERLY' LCNE Q'F BELLINGER STREET PER DOG~UMhNT R.EGQRDED AUGI~~T 28, 1975: AS LNSTR'UMENT NO: 3117, OFFICIAL R1=~O'RR~~ OF SALD C.OUaJTY.. CONTAINS.2;,.950 S'QUAR1=. PEST, MQRF OF2 LE-SS. As sf~own on. Exh~btt 8-~ a.ftached hereto and ~y this reference maa'e a part hereof Prepared undef rriy supervision: L.S:5~fl1 David 'O: I<n~el1 PLS 5;301 Date- t Exp. 12-3-L~9 ') „ i' ~~' \~!~ ~~1 i ~~J~ 1 i ;~~ ~ I Wig}aan. WiL:~~AN SCAZE ti"= 40' GATE b/04/08 v 1 ENGINEERS v PIANNEFS i SKETCH ~Q A:CCq~IP,4NY . i3~9i CROSSROADS PARKWAY NORTH'..$UITE aQ5 DRAWN DY D:BEYERBACH LEGAL-BUTLER:PLG: f NOUSTRY,~ C'd. 91'Ta6-3497 ~ t E G. A L D E S GR I f' 1" I Q t~ r3szr soe.-szon CHECKED. 8Y O.KNEt1: lXNW000/AtEAOA.WS r EXHIBIT B-3 LEGAL DE"SGR(RTtC)N "PARC'EL 4" f``; THAI' F?ORTION QF LOT 2fi OF MODJESKA ACRES, 1N THE CITY . O'F LYNWO(~Q, GOIJNTY O. F LaS AN.OELES, STATE OF CALIFgRN.IA, AS P`ER MAF RECORDED 1N BOQK 1fl, PAGE 33 QF (~lkAPS, fN TH'E OFFICE QF THE ~01J.NTY ~E'CORDER OF SAID C(~:U`MTIr; DE~CI~FB'ET~ AS FOL:LC~UVS: ~o11~.Nf'ENGINiC AT THE' NO:RTHEI~ST~F~LY` GOR~NE,R C11= SA.I~ L.OT 2~; THE~N~~ ALONG, The EASTERLY L.1NE pF SAID LOT,- SOUTH. Q1`°`13'0" V~L:EST; 40:QD: fEET TO THE TRUE P~1Nfi OF 'BEGIN;NINC; THENCE C~NT.'f~NUING SOUTH 0'(°13'0'0" 1NE~ST, 8`0.©D FEET TC7 THE S~OUTMEf~LY LINE. 0~ SA1D Ld.T 2fi'; THENCE ALONG' SAI:~ SOUTHERLY LINE, NORTH 88°4'00" 1NEST; .104.17 FEI*T, TH~N~E NORTH Q1°.13'00" EAST, 9 20:00 FEET TO THE NCB"RTHERLY UNE QF SAID LOT 26, BE{NG' THE BEGINNING . ~: ~ .:... . ~ .... ~•-OF A NON-=Tf1NG:ENT CURVE CONCAVE-SOt~-TH~/VESTERt:Y ~AND.HA~I~IG A._. _.... .._ :........._ ....... RADIUS OF` 450.Q0 FEET, A RADIAL LlNE.TO 1NHICH POINT BEARS. N°O`RTH ~&°44'1.2" i=AST; TH.ENOE SOUTHE.:ASTEF~LY ALQNG SAI[? CURVE, 46,00 FEEL" THROUGH A CENTRAL.ANG'LE OF ~~~~'''26''.TO .THE SOUTHERLY LINE OF THE NtflRTHERLY 40 FEET ~~ SAI'D LUT;: THEN~GE AL~'?N~G' SAID S~i~UTMERLY. LINE;;.. SOUTH 8`8°47:0Q" EAST, 81.48 FEET TO THE TRUE , PC?aNT QF BEGINNfNG. 1; ,'; CONTAfNS 8;805 SQUAf~E FEET, MORE OR LESS All a~sahown on Exhbif B-4 ~affached herefo and bythis reference'rnade a p~rf hereof i ly ~I +~ i ~: I ~~ ~~~ a 845 ~QUAf~E F~E7' I i a ktJ 4 ~. ~I I. EX]H[I~IT C ~~ ~~ i _ _~ .. i - "t ~ j ~ r EXHIBIT lJ FORM OF GRANT -DEED TO BE ATTACHED -~ EXHIBIT E FORM OF GRANT DEED TO BE ATTACHED `, ,'1 ~; „~, ~~ :- ~, ~i~ ~, ~EX]H[I~IT F RESOLUTION OP ACCEPTANCE TO BE ATTACHED ~1 E~;.~I~BIT G ~~: ~: L ,_ . wr.._.....~_. _~... , . . . ,: ~ ~ 1.. i ' ...+.+~..i,~..w:,~ 'R ' ~ ~. ...ww~e-~ ... -. .. ..... ~.....~-. n. ... n 4- ~j i _ ~..,. ... ~ ,I ~ W A tar , ~.1 ~ ^ '~^,M /'~ ~+1 . ~ ~~{r M;I r~.aM .Ia ~ Y~r..T ti.~ ~ ' ppRpXr1~~7E, ?Q •~ , ,A ~~~ ' .. ~ ,. ~,~ ...~_... 1 r.T ., ~ i ,,, ,,..w r ~" ." r` w.. n-~r++.-~...^ ~~ ~ .,~ ~ ,. .. . L , ~(~; ./107' ~'0 ScA.~.~ .. _1 ,~ ~~, i E~~II>~IT Lynwood Meadows Park Drainage Plan To address the existing water "ponding" events on the easternmost portion of Landowner's Parking Lot, stormwater will be allowed to flow easterly through "weep holes" and openings along the Park fence, then on to the Park site. To facilitate drainage, Landowner shall be required to keep any "weep holes" or other drainage openings located on its property clear of dirt, leaves, debris and any other obstructions. Stormwater will then flow to various catch basins located on the Park site, and ~ subsequently drain. into the Los Angeles County storm drain system to which the catch ~ ~ basins will be connected, The drainage system will be constructed in substantial ~, compliance with Sheets C4 and CS of the Lynwood Meadows Park Storm Drain Plan _ ~ prepared for the City of Lynwood'by NBCE, Inc:, dated 07/2007, These plans are on file in the City of Lynwood Public Works Department. i~ ......, I f ,., :.~ ATTACHMENT 3