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Resolution No. 789511 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7895 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A TERMINATION OF COVENANT AMONG THE CITY OF VERNON, THE CITY OF HUNTINGTON PARK AND XB PARTNERS, L.P. THROUGH ITS GENERAL PARTNER XEBEC DEVELOPMENT COMPANY WHEREAS, on July 19, 1977, the City Council of the City of Vernon adopted Resolution No. 4486 approving a lot line adjustment between Airco, Inc. and Dresser Industries, Inc. ("Dresser") for a 30- inch wide strip of property; and WHEREAS, on September 29, 1977, a Covenant was recorded, Document No. 77-1076445, combining certain parcels of land owned by Dresser that were located partly in the City of Huntington Park and partly in the City of Vernon into a single lot for zoning and subdivision purposes; and WHEREAS, the requisite Certificate of Compliances were executed by the Cities of Huntington Park and Vernon indicating that the lot combination conformed with the requirements of the Subdivision Map Act and applicable ordinances of both Cities; and WHEREAS, the Covenant states that the parcels will not be separated or treated as separate parcels except when authorized by the Cities of Vernon and Huntington Park and binds all owners and their' heirs, successors and assigns to that agreement; and WHEREAS, XB Partners, L.P., through its general partner Xebec Development Company (hereinafter collectively referred to as "Xebec"), is the present owner of the parcels; and WHEREAS, Xebec has requested that the Covenant be terminated as the buildings on the encumbered parcels have been demolished in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 compliance with applicable ordinances and the site is to be redeveloped; and WHEREAS, by letter dated January 11, 2002, Bruce V. Malkenhorst, City Administrator/City Clerk, has recommended that a Termination of Covenant be executed with Xebec and the City of Huntington Park regarding the parcels. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Termination of Covenant with Xebec and the City of Huntington Park, a copy of which is attached hereto as Exhibit "A and made a part hereof. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor and the City Clerk to execute the Termination of Covenant for, and on behalf of, the City of Vernon. SECTION 4: The City Council of the City of Vernon hereby directs the City Clerk, or his designee, to send one fully executed and notarized Termination of Covenant to: XB Partners, L.P. Attn. Quinn J. Johnson 5675 E. Telegraph Road, Suite 400 Commerce, CA 90040 _ 2 _ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 5: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 22°d day of January, 2002. ATTEST: BR CE V. MALKENHORST, City Clerk r EONIS C. MALBU G, May r - 3 - STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that,the foregoing Resolution, being Resolution No. 7895, was duly adopted by the City Council of the City of Vernon at an adjourned regular meeting of the City Council duly held on Tuesday, January 22, 2002, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerk - 4 - SUPPORTING DOCUMENTS EXHIBIT RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO AND MAIL TAX STATEMENTS TO XEBEC, LLC 5675 E. Telegraph Road, 4th Floor Commerce, CA 90040 Attn: John Lehr TERMINATION OF COVENANT The City of Huntington Park and The City of Vernon hereby join with the undersigned to terminate that certain Covenant recorded September 27, 1977 as Document 77-1076445 in the Records of the County of Los Angeles, affecting the property described on attached Exhibits A and B (the "Property"). The undersigned is the owner of the Property and approve the termination of the Covenant. Dated f a XB PARTNERS, L.P., a California limited CITY OF VERNON By: LEONIS C. MALBURG, Mayor ATTEST: By: - CITRF HUN NGTON PARK ity Clerk By: partnership By: Xebec Development Company, a California corporation, ageeneral partner By: N gh It uthorized Representative APPROVED AS TO FORM: By: EDUARDO OLIVO, City Attorney APPROVED AS TO FORM: By: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of , On ,l, X /??.W/ ,before me, -7151 Date �/Name and Title personally appeared ' 49X /i /— r 0 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed JILL the same in his/her/their authorized tUfrfl6J1Y� capacity(ies), and that by his/her/their Co11eMl�i — canwft signature(s) on the instrument the person(s), or Crarfpe Q�Y the entity upon behalf of which the person(s) wcwnmic*eshpr1.2004 acted, executed the instrument. WIT nd an icial seal 72�� Place Notary Seal Above re of Notary O ONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: ja'&W, — Z1%D,� Number of Pages: Signer(s) Other Than Named Above: Cgle Claimed by Signer /r Signer's Name: c e /� ' ❑ Individual ' . Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Nf Other: Q p Signer Is Representing: � J 01999 National Notary Assoclatbn 9350 De Sdto Ave., P.O. Box 2402 • Chatswortir, CA 91313-2402 • www.nagoroklotaty.org Prod. No. 5907 Reorder: Call Toll -Free 1-890.878.8927 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) On .2001 before me, the undersigned, a Notary Public in and for said State, personally appeared, personally known to me or proved to me on the basis of satisfactory evidenceto be the persons whose names are subscribed to the within instrument and acknowledged thatthey executed the same in theirauthorized capacity, and that by their 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 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) On .2001 before me, the undersigned, a Notary Public in and for said State, personalty appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same in their authorized capacity, and that by their 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 Exhib it "A" PARCEL 3: THE SOUTHERLY 2.5 FEET MEASURED AT RIGHT ANGLES OF THAT PORTIC'; OF THE RANCHO SAN ANTONIO, PARTLY IN THE CITY OF HUNTINGTON PARK, PARTLY IN THE CITY OF VERNON, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, BEING A PART OF THE PROPERTY OF THE INDUSTRIAL CENTRE CORPORATION, AS PER DEED RECORDED IN BOOK 6744, PAGE 36 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, STATE OF CALIFORNIA, MORE PA.RTICUA.RLY DESCRIBED AS FOLLOWS: BEGINNING AT THE 'SOUTHWEST CORNER OF THE PROPERTY DEEDED BY TF--- INDUSTRIAL CENTRE CORPORATION TO THE COMMERCIAL ACETYLENE SUPPLY COMPANY AS PER DEED RECORDED IN BOOK 7236, PAGE 131, OF DEEDS, RECORDS OF LOS ANGELES COUNTY, STATE 0? CALIFORNIA; THENCE NORTH 890 00' 53" EAST ALONG THE SOUTHERLY BOUNDARY LINE OF THE PROPERTY OF THE .COMMERCIAL ACETYLENE SUPPLY COMPANY, 507.79 FEET TO A POINT; THENCE SOUTHERLY ON A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 431..68 FEET AND kOSE RADIAL LINE THROUGH SAID POINT BEARS NORTH 760 44' .57" EAST HAVING A CENTRAL ANGLE OF 5° 37' 38" A DISTANCE -OF 42.4 FEET TO A POINT, AT WHICH A RADIAL LINE OF Sr?D CURVE BEARS NORTH 820 22' 35" EAST; THENCE SOUTH 70 15, 16" EAST 39.38 FEET TO A POINT IN THE WESTERLY LINE OF THE 17-FOOT RIGHT-OF-WAY DEEDED TO THE LOS ANGELES AND SALT LAKE RAILROAD COMPANY, AS PER DEED RECORDED IN BOOK 6768, PAGE 108 OF DEEDS, .RECORDS OF LOS ANGELES COUNTY; THENCE SOUTH 1° 03' 30" EAST ALONG THE WESTERLY LINE OF THE RIGHT-OF-WAY OF THE LOS ANGELES AND SALT LAKE RAILROAD COMPANY, 87.21 FEET TO A POINT; THENCE SOUTH 890 00, 53" WEST 518.31 FEET TO A POINT; THENCE NORTH 10 15' 25" WEST 168.16 FEET TO THE POINT OF BEGINNING. PARCEL 1: THAT PORTION.OF THE RANCHO SAN ANTONIO PARTLY IN THE CITY OF VERNON AND PARTLY IN THE CITY OF HUNTINGTON PARK, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, INCLUDING LOTS 1 AND 2 OF TRACT NO. 11317, AS SHOWN ON THE MAP RECORDED IN BOOK.219; PAGE 23 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND.INCLUDING ALL OF LOTS 1 AND 2 AND A PORTION OF LOT 3 IN SAID COUNTY AND STATE, AS SHOWN ON THE RECORD OF SURVEY FILED IN BOOK 63, PAGE 35 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED TO BAKER CASING SHOE COMPANY, RECORDED ON DECEMBER 24, 1921 AS INSTRUMENT NO. 538, IN BOOK 592, PAGE 371, OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG THE WESTERLY LINE OF THE LAND DESCRIBED IN SAID DEED AND THE NORTHERLY PROLONGATION OF SAID WESTERLY LINE OF THE LAND NORTH 10 15' 09" WEST 328.62 FEET TO THE TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNING ALONG SAID NORTHERLY PROLONGATION NORTH 10 15' 09" WEST 184.16 FEET TO THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF LOT 1 OF SAID TRACT NO. 11317; THENCE TO AND ALONG THE SOUTHERLY LINES OF SAID LOTS 1 AND 2 OF TRACT NO. 11317, NORTH 890 56' 43" WEST 511.91 FEET TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE ALONG THE WEST LINE OF LOT 2 OF SAID TRACT NO. '11317 AND THE WEST LINE OF SAID LOTS 1, 2 AND 3 AS SHOWN ON SAID RECORD OF SURVEYS, NORTH 00 10' 13" WEST 326.88 FEET TO THE SOUTHWESTERLY EXTREMITY OF THE CURVE IN THE NORTHWESTERLY LINE OF SAID LOT 3 THAT IS CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 401.775 FEET; THE RADIAL BEARING TO SAID CURVE AT SAID SOUTHWESTERLY TERMINUS BEING NORTH 890 55'-40" WEST; THENCE NORTHERLY ALONG SAID CURVED NORTHWESTERLY LINE A DISTANCE OF 50.37 FEET ' TO THE WESTERLY PROLONGATION OF THE NORTH FACE OF A SIX FOOT CHAIN LINK FENCE; THENCE TO AND_ALONG THE NORTH FACE OF SAID FENCE AND ITS EASTERLY PROLONGATION NORTH 890 49' 09" EAST 504.19 FEET TO THE WESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO CALIFORNIA COMPRESSED GAS COMPANY RECORDED ON NOVEMBER 17, 1923 AS INSTRUMENT NO. 31, IN BOOK 2796 PAGE 228, OF SAID OFFICIAL RECORDS.; THENCE SOUTH .10 27' 18" EAST ALONG SAID WESTERLY LINE 109.53 FEET TO THE SOUTHWEST CORNER OF THE LAST MENTIONED LAND; THENCE ALONG THE SOUTHERLY LINE OF THE LAND DESCRIBED IN THE LAST MENTIONED DEED NORTH 880 49' 01" EAST 518.29 FEET TO THE WESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE LOS ANGELES AND SALT LAKE RAILROAD COMPANY RECORDED ON DECEMBER 21, 1918 AS INSTRUMENT NO. 76 IN BOOK 6768, PAGE 108, OF DEEDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID WESTERLY LINE AS FOLLOWS: SOUTH 16 15' 09" EAST 76.95 FEET; SOUTH 880 44' 51" WEST 1.50 FEET AND SOUTHERLY ALONG A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 297.94 FEET, A DISTANCE OF 31.50 FEET TO THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO THE LOS ANGELES AND SALT LAKE RAILROAD COMPANY RECORDED ON SEPTEMBER 10, 1920 AS INSTRUMENT NO. 370, IN BOOK 7341, PAGE 228, OF DEEDS, IN SAID OFFICE OF THE COUNTY RECORDER; THENCE ALONG THE WESTERLY LINE OF SAID LAST MENTIONED LAND SOUTH 10 15, 09" EAST 356.29 FEET TO A LINE EXTENDING EASTERLY FROM THE TRUE POINT OF BEGINNING PARALLEL WITH SLAUSON AVENUE'AS SHOWN ON SAID MAP OF TRACT NO. 11317; THENCE ALONG SAID PARALLEL LINE NORTH 890 57' 28" WEST 521.83 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION OF THE RANCHO SAN ANTONIO, BEING PARTLY IN THE CITY OF VERNON AND PARTLY IN THE IN THE CITY OF HUNTINGTON PARK, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, BEING A PORTION OF LOTS 1, 2 AND 3 AS SHOWN ON MAP OF SURVEY FILED IN BOOK 63, PAGE 35 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO WAUKESHA MOTOR` COMPANY AND RECORDED AS DOCUMENT NO. 383 ON JANUARY 12, 1960 IN BOOK D-716, PAGE 833 OF OFFICIAL RECORDS OF SAID COUNTY, SAID CORNER BEING IN THE EASTERLY LINE OF A RIGHT-OF-WAY, 17 FEET WIDE, DESCRIBED IN DEED RECORDED IN BOOK.6425, PAGE 277 OF DEEDS, IN THE OFFICE OF SAID COUNTY RECORDER, SAID SOUTHEASTERLY LINE BEING A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 401.775 FEET AND THE RADIAL LINE FROM SAID POINT OF BEGINNING BEARING SOUTH 820 41' 22" EAST; THENCE SOUTHERLY ALONG SAID CURVE 50.76 FEET; THENCE CONTINUING ALONG THE EASTERLY LINE OF AFORESAID RIGHT-OF-WAY, SOUTH 00 10, 13" EAST 105.15 FEET TO THE SOUTHERLY LINE OF THE LAND DESCRIBED IN PARCEL 2 OF DEED RECORDED AS DOCUMENT NO. 2974 ON AUGUST 14, 1958, IN BOOK D-186 PAGE 747 OF SAID OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID LAST MENTIONED LAND, NORTH 890 50' 22" EAST 272.36 FEET TO ITS INTERSECTION WITH A LINE THAT IS, PARALLEL WITH AND DISTANT EASTERLY 90.00 FEET, MEASURED AT RIGHT ANGLES, FROM THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF THE LAND DESCRIBED IN AFORESAID DEED RECORDED IN BOOK D-716, PAGE 833 OF SAID OFFICIAL RECORDS; THENCE ALONG SAID PARALLEL LINE NORTH 00 10, 51" WEST 155.85 FEET TO A LINE THAT BEARS SOUTH 890 49' 09" WEST AND PASSES THROUGH THE POINT OF BEGINNING; THENCE ALONG SAID LINE, SOUTH 890 49' 09" WEST 268.90 FEET TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF THE RANCHO SAN ANTONIO, IN THE CITY OF VERNON, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, BEING A PORTION OF LOT 3, AS SHOWN ON MAP OF SURVEY FILED IN BOOK 63, PAGE 35 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO WAUKESHA MOTOR COMPANY AND RECORDED AS DOCUMENT NO. 383 ON JANUARY 12, 1960, IN BOOK D-716, PAGE 833, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID LAND NORTH 890 49' 09" EAST, 90.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING ALONG SAID EASTERLY PROLONGATION OF SAID SOUTHERLY LINE NORTH 890 49' 09" EAST 212.42 FEET TO.THE WESTERLY LINE OF BI.CKETT STREET, AS ESTABLISHED BY DEED TO THE CITY OF VERNON, RECORDED IN BOOK 39874 PAGE 220, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER; THENCE ALONG THE WESTERLY LINE OF SAID BICKETT STREET, NORTH 10 15, 09" WEST 330.87 FEET TO A LINE THAT IS PARALLEL WITH AND DISTANT SOUTHERLY 20.00 FEET, MEASURED AT RIGHT ANGLES FROM THE SOUTHERLY LINE OF THAT CERTAIN RAILROAD RIGHT-OF-WAY, 17 FEET WIDE, DESCRIBED IN DEED RECORDED IN BOOK 6425, PAGE 271, OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID PARALLEL LINE SOUTH 880 49' 01" WEST 83.50 FEET TO FI TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 381.775 FEET, THE RADIAL LINE TO SAID CURVE BEARING NORTH 10 10, 59" WEST; THENCE WESTERLY AND SOUTHWESTERLY ALONG SAID CURVE 125.37 FEET TO A LINE THAT BEARS SOUTH 00 10, 51" EAST, AND PASSES THROUGH THE TRUE POINT OF BEGINNING; THENCE ALONG SAID LINE SOUTH 00 10, 51" EAST 306.80 FEET TO THE TRUE POINT OF BEGINNING. CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro—Tem WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 826-1438 City Council City of Vernon Honorable Members: CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583--8811 January 11, 2001 EDUARDO OLIVO City Attorney FAX: (562) 927-8722 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX:(323)826-1481 \O. In 1977 the City of Vernon, the City of Huntington Park, and Dresser Industries, Inc., executed a Covenant and Agreement to hold properties as a single lot for zoning and subdivision purposes. The buildings on the subject parcel have been demolished and the site is proposed to be redeveloped. At this time, the property owner, XEBEC, LLC, has requested that the covenant be terminated. This has been reviewed by the City Administrator and the Director of Community Services and Water. It is hereby recommended that the Covenant on behalf of the City be terminated. Very truly yours, v Bruce V. Malkenhorst City Administrator/City Clerk BVM/ng i ,r COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Bruce V. Malkenhorst, City Administrator FROM: Samuel Kevin Wilson, Director of Community Services & Water DATE: January 3, 2002 SUBJECT: COVENANT TERMINATION In 1977 the City of Vernon, City of Huntington Park and Dresser Industries, Inc. executed a Covenant and Agreement to hold properties as a single lot for zoning and subdivision purposes. Attached herewith is a copy of the recorded document. The buildings on the subject parcel have been demolished and the site is proposed to be redeveloped. The covenant is no longer necessary and XEBEC, LLC, the owner of the property has requested that the covenant be terminated. City staff is in agreement with their proposal. The Termination of Covenant has been reviewed by the City Attorney and myself and are recommending that the City Council authorize you to execute the Termination of Covenant on behalf of the City. SKW/ca n , Enclosures Y� l '1\ C:\My Documents\Memos\Xebec Covenant and Agreement Termination.doc OB/32/2001 09 0; FAX 323 588 2761 COMMUNITY SERVICES .' ' •QTY. CbUNCrL.• : �• •'y. Y.. ••��•` •.. ` '••4.7.>'ltl'Oi71l�'. ,` - . .. • ..:: .. .. •.; . : •' '•FAXt (562) 917•-8722 • 1 LEbNIS G MALBURG Mayer KEVIN WILSON Director of Community Services 6r Water THOMAS A YBARRA ` FAX (323) 5W2761. Mayor Pro -Ten KENNETH 1..venARlo WA "BILL" DAVIS Director of Municipal Utilities Councilman FAX.-.(323) 583--1983 H. "LARRY" GONZALFS �'6 STEVEN.E. PARKER Councilman lV jYAll D/ Fire Chief W. vI1CHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 581 7924 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 May 17, 2001 FAX: (323) 581-1385 BRUCE W. OLSON Police Chief FAX: (323) 5&- -5236 Ken Ryder 2 Park Plaza, Suite 300 Irvine, .California 92614-8513 RE: XEBEC TERNIINATION OF COVENANT Dear Mr. Ryder: - 1 The City of Vernon has recently received a request from XEBEC that the City terminate a covenant that ties several properties together for zoning reasons. I have reviewed the Proposed Icovenant and have requested that its City Attorney's office review the matter in order to i determine its validity. The City Attorney has advised that it is acceptable. I have been advised that your company has requested a letter from the City advising that the City intends to terminate the covenant once the buildings are demolished The City Council j approved the original covenant that tied the properties together. Therefore, this matter must be placed on the City Council Agenda for the City Council's review and approval of the termination of the covenant Because City Council. action is necessary, staff cannot unequivocally -represent that the covenant will be terminated. However, we hereby advise you that staff will recommend the termination of the covenant and that it is our belief that the City Council will accept that recommendation. Please contact me if you should have any questions. Very trail yours, e K ilson, P.E. Director of Community Services & Water SKW/ca c: City Attomey XEBEC December 20, 2001 RE: XB Partners, L.P. - Dresser Pump Project VIA OVERNIGHT MAIL Kevin Wilson City of Vernon 4305 Santa Fe Ave. Vernon, CA 90058 Dear Kevin, DEC 2j6 2001 Per our previous correspondence, XB Partners, L.P. (the "Owner') is seeking to terminate the covenant to hold as one parcel that currently encumbers the above referenced project. As evidenced by the attached letter, the City of Vernon (the "City') agreed to execute this agreement once the existing buildings, located on the encumbered parcels, were demolished in compliance will all relevant City codes, permitting and inspection requirements. As you are aware, the existing buildings have been demolished and accordingly were are seeking your signature on the enclosed Termination of Covenant agreement. Please sign, notarize, and return this agreement to my attention at 5675 E. Telegraph Road, Suite 400, Commerce, CA 90040 as soon as possible. Should you have any questions, please contact me at 323-720-3190 x 115. Thank you for your time and effort in helping get closure on this issue. Regards, uinn J. Johnson For XB Partners, L.P. Enclosures (2) a Limited Liability Company 5675 E. Telegraph Road - 4th Floor - Commerce, CA 90040 • 323.720.1177 phone - 323.720.3191 fax 2500 Michelson Drive • Suite No. 200 • Irvine, CA 92612 • 949.756.6161 phone • 949.476.8047 fax ` CITY COUNCIL LEONIS C. MALBURG Y Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator/ City Clerk FAX (323) 826-1438 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 February 7, 2002 XB Partners, L.P. Attn: Quinn J. Johnson 5675 E. Telegraph Suite 400 Commerce, CA 90040 Re: Termination of Covenant Dear Mr. Johnson: EDUARDO OLIVO " City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 Transmitted herewith is an original Termination of Covenant approved by the Vernon City Council on January 22, 2002. If you have any questions regarding this matter, please call Mr. Kevin Wilson at 323/583-8811 ext. 245. Very pruly yours, ,F f qri J. Or o Chief Deputy�Iity Clerk :ng CC: Kevin Wilson Resolution No. 7895 J RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO AND MAIL TAX STATEMENTS TO XEBEC, LLC 5675 E. Telegraph Road, 4th Floor Commerce, CA 90040 Attn: John Lehr TERMINATION OF COVENANT The City of Huntington Park and The City of Vernon hereby join with the undersigned to terminate that certain Covenant recorded September 27, 1977 as Document 77-1076445 in the Records of the County of Los Angeles, affecting the property described on attached Exhibits A and B (the "Property"). The undersigned is the owner of the Property and approve the termination of the Covenant. Dated a XB PARTNERS, L.P., a California limited partnership By: Xebec Development Company, a California corporation, a general partner By: N An It uthorized Representative CITY OF VERNON APPROVED AS TO FORM: o is C. Ma.�urgg�,.ayor Eduar o Olivo, City A rney ATTEST: By Bruce V. Malkenhorst, City Clerk CITY OF HUNTINGTON PARK APPROVED AS TO FORM: By: By: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss. On a k_r11, before me, /X/ Date Name and Tide of (e.g., "Jane Notary Public") personally appeared -,�,Olto Lehrr . , Name(s) of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WIT r nd an icial seal. Place Notary Seal Above n re of Notary O ONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:. .� Document Date: Z/ ZW_/ Number of Pages: Signer(s) Other Than Named Above: C�apacity(ies) Claimed by Signer ,�� Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General El Attorney in Fact ❑ Trustee ❑ Guardian or Conservator N( Other: Signer Is Representing: h Q �vy G1� 01%9 National Notary Association - 9350 De Soto Ave., P.O. Box 24M - Chatsworth, CA 91313.2402 - www.nationaktotary.org Prod. No. 5907 Reorder. Call Toll -Free 1.800-876-6927 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES l 2002 On i6 , . 28@4 before me, the undersigned, a Notary Public in and for said State, personally appeared, W,0 h 1 ,( personally known tome or proved tome on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same in their authorized capacity, and that by their signature on the instrument, the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my ha and o i seal otary Public STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) (SEAL) doer # 13M74 14-OMY Maury Pubuc - carrorMa LosAnwftx county C-M m. Ermines Nov o, 2g06 On , 2001 before me, the: undersigned, a Notary Public in and for said State, personally appeared, personally known to me or proved to me on the basis of satisfactory eWence to be the persons whose names are subscribed to the within instrument and acknowledged thatthey executed the same in their authorized capacity, and that by their 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. Notary Public (SEA-) Exhibit "A" THE SOUTHERLY 2 5 FEET MEASURED AT RIGHT ANGLES OF THAT PO?TI^.: OF THE RANCHO SAN ANTONIO, PARTLY IN THE CITY OF HUNTINGTON PARK, PARTLY IN T::E CITY OF VERNON, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, BEING A PART 0- THE PROPERTY OF THE INDUSTRIAL CENTRE CORPORATION, AS PER DEED RECORDED IN BOOK{ 6744, PAGE 36 OF DEEDS RECORDS OF LOS ANGELES COUNTY, STATE OF CALIFORNIA, MORE FOLLOWS: PPRTICUARLY DESCRIBED AS BEGINNING AT THE SOUTHWEST CORNER OF THE PROPERTY DEEDED BY T-HE INDUSTRIAL CENTRE CORPORATION TO THE COMMERCIAL ACETYLENE SUPPLY COMPANY AS PER DEED RECORDED IN BOOK 7236, PAGE 131, OF DEEDS, RECORDS OF LOS ANGELES COUNTY, STATE 0? CALIFORNIA; THENCE NORTH 890 00, 53" EAST, ALONG THE SOUTHERLY BOUNDARY LINE OF T E PROPERTY OF THE COMMERCIAL ACETYLENE SUPPLY COMPANY, 507.79 FEET TO A POINT; TENCE SOUTHERLY ON A CURVE CONCAVE TO THE WEST PAVING A RADIUS OF 431.68 FEET AND 4,OSE RADIAL LINE THROUGH SAID POINT BEARS NORTH 760 44' 57" EAST HAVING A CENTRr'Ll ANGLE OF 5° 37' 38" A DISTANCE OF 42.4_FEET TO A POINT, AT WHICH A RADIAL LINE OF SITD CURVE BEARS NORTH 820 22' 35" EAST; THENCE SOUTH 70 15, 16" EAST 39.38 FEET TO A POI` IN THE WESTERLY LINE OF THE 17-FOOT RIGHT-OF-WAY DEEDED TO THE LOS ANGELES AND SALT LAKE RAILROAD COMPANY, AS PER DEED RECORDED IN BOOK 6768, PAGE 108 OF DEEDS, RECORDS OF LOS ANGELES COUNTY; THENCE SOUTH l° 03' 30" EAST ALONG THE WESTERLY LINE OF THE RIG-T-OF-WAY OF THE LOS ANGELES AND SALT LAKE RAILROAD COMPANY, 87.21 FEET TO A POINT; THENCE SOUTH 89° 00, 53" WEST 518.31 FEET TO A POINT; THENCE NORTH 10 15' 25" WEST 168.16 FEET TO THE POINT OF BEGINNING. t Exhibit "B" PARCEL 1: THAT PORTION OF THE RANCHO SAN ANTONIO PARTLY IN THE CITY OF VERNON AND PARTLY IN THE CITY OF HUNTINGTON PARK, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, INCLUDING LOTS 1 AND 2 OF TRACT NO. 11317, AS SHOWN ON THE MAP RECORDED IN BOOK 219, PAGE 23 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND INCLUDING ALL OF LOTS 1 AND 2 AND A PORTION OF LOT 3 IN SAID COUNTY AND STATE, AS SHOWN ON THE RECORD OF SURVEY FILED IN BOOK 63, PAGE 35 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED TO BAKER CASING SHOE COMPANY, RECORDED ON DECEMBER 24, 1921 AS INSTRUMENT NO. 538, IN BOOK 592, PAGE 371, OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG THE WESTERLY LINE OF THE LAND DESCRIBED IN SAID DEED AND THE NORTHERLY PROLONGATION OF SAID WESTERLY LINE OF THE LAND NORTH 10 15' 09" WEST 328.62 FEET TO THE TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNING ALONG SAID NORTHERLY PROLONGATION NORTH 10 15, 09" WEST 184.16 FEET TO THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF LOT 1 OF SAID TRACT NO. 11317; THENCE TO AND ALONG THE SOUTHERLY LINES OF SAID LOTS 1 AND 2'OF TRACT NO. 11317, NORTH 890 56' 43" WEST 511.91 FEET TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE ALONG THE WEST LINE OF LOT 2 OF SAID TRACT NO. 11317 AND THE WEST LINE OF SAID LOTS 1, 2 AND 3 AS SHOWN ON SAID RECORD OF SURVEYS, NORTH 0° 10' 13" WEST 326.88 FEET TO THE SOUTHWESTERLY EXTREMITY OF THE CURVE IN THE NORTHWESTERLY LINE OF SAID LOT 3 THAT IS CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 401.775 FEET; THE RADIAL BEARING TO SAID CURVE AT SAID SOUTHWESTERLY TERMINUS BEING NORTH 890 55' 40" WEST; THENCE NORTHERLY ALONG SAID CURVED NORTHWESTERLY LINE A DISTANCE OF 50.37 FEET TO THE WESTERLY PROLONGATION OF THE NORTH FACE OF A SIX FOOT CHAIN LINK FENCE; THENCE TO AND. ALONG THE NORTH FACE OF SAID FENCE AND ITS EASTERLY PROLONGATION NORTH 890 49' 09'" EAST 504.19 FEET TO THE WESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO CALIFORNIA COMPRESSED GAS COMPANY RECORDED ON NOVEMBER 17, 1923 AS INSTRUMENT NO. 31, IN BOOK 2796 PAGE 228, OF SAID OFFICIAL RECORDS; THENCE SOUTH 10 27' 18" EAST ALONG SAID WESTERLY LINE 109_53 FEET TO THE SOUTHWEST CORNER OF THE LAST MENTIONED LAND; THENCE ALONG THE SOUTHERLY LINE OF THE LAND DESCRIBED IN THE LAST MENTIONED DEED NORTH 880 49' 01" EAST 518.29 FEET TO THE WESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE LOS ANGELES AND SALT LAKE RAILROAD COMPANY RECORDED ON DECEMBER 21, 1918 AS INSTRUMENT NO, 76 IN BOOK 6768, PAGE 108, OF DEEDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID WESTERLY LINE AS FOLLOWS: SOUTH 10 15' 09" EAST 76.95 FEET; SOUTH 880 44' 51" WEST 1.50 FEET AND SOUTHERLY ALONG A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 297.94 FEET, A DISTANCE OF 31.50 FEET TO THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO THE LOS ANGELES AND SALT LAKE RAILROAD COMPANY RECORDED ON SEPTEMBER 10, 1920 AS INSTRUMENT NO. 370, IN BOOK 7341, PAGE 228, OF DEEDS, IN SAID OFFICE OF THE COUNTY RECORDER; THENCE ALONG THE WESTERLY LINE OF SAID LAST MENTIONED LAND SOUTH 10 15' 09" EAST 356.29 FEET TO A LINE EXTENDING EASTERLY FROM THE TRUE POINT OF BEGINNING PARALLEL WITH SLAUSON AVENUE AS SHOWN ON SAID MAP OF TRACT NO. 11317; THENCE ALONG SAID PARALLEL LINE NORTH 890 57' 28" WEST 521.83 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION OF THE RANCHO SAN ANTONIO, BEING PARTLY IN THE CITY OF VERNON AND PARTLY IN THE IN THE CITY OF HUNTINGTON PARK, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, BEING A PORTION OF LOTS 1, 2 AND 3 AS SHOWN ON MAP OF SURVEY FILED IN BOOK 63, PAGE 35 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO WAUKESHA MOTOR COMPANY AND RECORDED AS DOCUMENT NO. 383 ON JANUARY 12, 1960 IN BOOK D-716, PAGE 833 OF OFFICIAL RECORDS OF SAID COUNTY, SAID CORNER BEING IN THE EASTERLY LINE OF A RIGHT-OF-WAY, 17 FEET WIDE, DESCRIBED IN DEED RECORDED IN BOOK 6425, PAGE 277 OF DEEDS, IN THE OFFICE OF SAID COUNTY RECORDER, SAID SOUTHEASTERLY LINE BEING A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 401.775 FEET AND THE RADIAL LINE FROM SAID POINT OF BEGINNING BEARING SOUTH 820 41' 22" EAST; THENCE SOUTHERLY ALONG SAID CURVE 50.76 FEET; THENCE CONTINUING ALONG THE EASTERLY LINE OF AFORESAID RIGHT-OF-WAY, SOUTH 00 10, 13" EAST 105.15 FEET TO THE SOUTHERLY LINE OF THE LAND. DESCRIBED IN PARCEL 2 OF DEED RECORDED AS DOCUMENT NO. 2974 ON AUGUST 14, 1958, IN BOOK D-186 PAGE 747 OF SAID OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID LAST MENTIONED LAND, NORTH 890 50' 22" EAST 272.36 FEET TO ITS INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND DISTANT EASTERLY 90.00 FEET, MEASURED AT RIGHT ANGLES, FROM THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF THE LAND DESCRIBED IN AFORESAID DEED RECORDED IN BOOK D-716, PAGE 833 OF SAID OFFICIAL RECORDS; THENCE ALONG SAID PARALLEL LINE NORTH 00 10, 51" WEST 155.85 FEET TO A LINE THAT BEARS SOUTH 890 49' 09" WEST AND PASSES THROUGH THE POINT OF BEGINNING THENCE ALONG SAID LINE, SOUTH 89° 49' 09" WEST 268.90 FEET TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF THE RANCHO SAN ANTONIO, IN THE CITY OF VERNON, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, BEING A PORTION OF LOT 3, AS SHOWN ON MAP OF SURVEY FILED IN BOOK 63, PAGE 35 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO WAUKESHA MOTOR COMPANY AND RECORDED AS DOCUMENT NO. 383 ON JANUARY 12, 1960, IN BOOK D-716, PAGE 833, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID LAND NORTH 890 49, 09" EAST, 90.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING ALONG SAID EASTERLY PROLONGATION OF SAID SOUTHERLY LINE NORTH 89° 49' 09" EAST 212.42 FEET TO.THE WESTERLY LINE OF BICKETT STREET, AS ESTABLISHED BY DEED TO THE CITY OF VERNON, RECORDED IN BOOK 39874 PAGE 220, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER; THENCE ALONG THE WESTERLY LINE OF SAID BICKETT STREET, NORTH 1° 15, 09" WEST 330.87 FEET TO A LINE THAT IS PARALLEL WITH AND DISTANT SOUTHERLY 20.00 FEET, MEASURED AT RIGHT ANGLES FROM THE SOUTHERLY LINE OF THAT CERTAIN RAILROAD RIGHT-OF-WAY, 17 FEET WIDE, DESCRIBED IN DEED RECORDED IN BOOK 6425, PAGE 277,. OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID PARALLEL LINE SOUTH 88° 49' 01" WEST 83.50 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 381.775 FEET, THE RADIAL LINE TO SAID CURVE BEARING NORTH 10 10, 59" WEST; THENCE WESTERLY AND SOUTHWESTERLY ALONG SAID CURVE 125.37 FEET TO A LINE THAT BEARS SOUTH 00 10' 51" EAST, AND PASSES THROUGH THE TRUE POINT OF BEGINNING; THENCE ALONG SAID LINE SOUTH 00.10, 51" EAST 306.80 FEET TO THE TRUE POINT OF BEGINNING.