Resolution No. 90211
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RESOLUTION NO. 9021
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND RATIFYING THE EXECUTION OF A
NOTICE OF NONRESPONSIBILITY AND RELATED DOCUMENTS
REGARDING THE PROPERTY LOCATED AT 4901 BANDINI
BOULEVARD
WHEREAS, by Resolution No. 8850 adopted on September 7, 2005,
the City of Vernon approved the sale of real property located at 4900
Bandini Boulevard, as corrected to 4901 Bandini Boulevard (the
"Property") to Dynamic Builders, Inc. ("Dynamic") for future
development; and
WHEREAS, on April 5, 2006, the City Council of the City of
Vernon adopted Resolution No. 9009 approving an Amended and Restated
Access Agreement (the "Agreement") with Dynamic setting forth the
terms and conditions under which the City allowed Dynamic early access
to the Property for development, staging work and other improvements
prior to the close of escrow; and
WHEREAS, in accordance with Section 9 of the Agreement, the
City was allowed to post, record and maintain a Notice of Non -
responsibility (the "Notice") for Dynamic's work on the Property.
WHEREAS, in order to meet the urgent need to post and record
the Notice to implement the Agreement, the Acting City Clerk executed
the Notice and Verification, subject to ratification by the City
Council; and
WHEREAS, the City Council desires to approve and ratify the
actions of the Acting City Clerk in executing the Notice and
Verification under the terms and conditions of the Agreement with
Dynamic.
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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 and ratifies the execution of the Notice of Nonresponsibility
dated April 12, 2006 and the Verification dated April 13, 2006, a copy
of which is attached hereto as Exhibit A and incorporated by
reference.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Acting City Clerk, or his designee, to execute,any and
all documents as shall be required or to take such further action as
necessary to implement the Agreement.
SECTION 4: The Acting 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 19th day of April, 2006.
LEONIS C. MA BURG, Mayor
(ATTEST:
BRUCE V. MkLK ORST, JR., Acting City Clerk
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 9021, was duly adopted by the City Council of the City
of Vernon at a regular meeting of the City Council duly held on
Wednesday, April 19, 2006, and thereafter was duly signed by the Mayor
Pro Tem of the City of Vernon.
BRUCE MALKENHORST, JR.
Acting City Clerk
(SEAL)
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EXHIBIT
0
Recording Requested by and
When Recorded Mail to:
Kenneth R. Blumer
Troy & Gould
1801 Century Park East, Suite 1600
Los Angeles, California 90067
--------------------------SPACE ABOVE THIS LINE FOR RECORDER'S USE -----------------------
NOTICE OF NONRESPONSIBILITY
TO ALL WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN that THE CITY OF VERNON ("the
Undersigned"), is the owner of that certain twelve (12) acre parcel of real property located in the
City of Vernon, County of Los Angeles, California, commonly known as 4901 Bandini
Boulevard, City of Vernon, California, and legally described as set forth on Exhibit A attached
hereto and incorporated herein ("Property").
The Undersigned has granted a license to DYNAMIC BUILDERS, INC. whose
address is 2114 South Hill Street, Los Angeles, California 90007 to come upon and do work of
improvement upon the Property at the latter's sole cost and expense.
Within the last 10 days preceding this notice, the Undersigned has obtained
knowledge that a work of construction is being made upon said Property by Dynamic Builders,
Inc., and the Undersigned will not be responsible for any portion of said work, nor for the
payment of any labor, services or materials used or to be used therein or in connection therewith,
or which hereafter may be performed, furnished or used upon the land, buildings or structures
whatsoever.
Dated: April 12, 2006.
01910/0030 137145.1
Th
:A
File No: 09501669
EXHIBIT ""A"
All that certain real property situated in the County of Los Angeles, State of
California, described as follows:
Parcel 1:
Lot 92 in the Rancho Laguna, in the City of Vernon, County of Los Angeles, State
of California, as shown on map filed as Exhibit "A" In Case No. B-25296 of the
Superior Court of the State of California, Los Angeles County, State of California.
Except the Northeasterly 200.00 feet.
Also except that portion thereof lying Northwesterly of the Southeasterly line of
Atlantic Boulevard, per deed recorded in Book 864, Page 317, Official Records, in
the office of the Los Angeles Recorder.
Also except that portion of said Lot 92, lying Southwesterly of the Northeasterly
line of Bandini Boulevard, described as Parcel 9-4 in the deed recorded October
30, 1974, as Instrument No. 2807, Official Records, in the Office of the County
Recorder.
Also except that portion thereof lying Southeasterly of the following described
line:
Beginning at a point on the Northeasterly line of Bandini Avenue, 100 feet in
width, distant thereon North 690 12' 10" West 159.65 feet from the Easterly line
of said Lot 92; thence leaving said Northeasterly line North 2410 12' 10" West
94.80 feet; thence North 220 11' 31" East 649.27 feet to the Southwesterly line
of said Northeasterly 200.00 feet.
Also except therefrom that portion described as follows:
That portion of Lot 92 in the Rancho Laguna, situated in the City of Vernon,
County of Los Angeles, State of California, as shown on a map filed as Exhibit
"A", In Case No. B-25296, of the Superior Court, of said County of Los Angeles,
State of California, described as follows:
Commencing at the Intersection of the Southwesterly line of the Northeasterly
200.00 feet of said Lot 92 and the Easterly line of Atlantic Boulevard, (40:00 foot
half -width) as described in a grant to the County of Los Angeles for publlc road
and highway purposes, recorded February 28, 1922, in Book 864, Page 317,
Official Records of said Los Angeles County; thence South 670 48' 57" East,
28.036 meters (91.98 feet) along said Southwesterly line of the Northeasterly
200.00 feet of Lot 92 to the point of beginning; thence South 030 38' 46" East
20.896 meters (68.56 feet); thence North 860 21' 14" East, 1,440 meters (4.72
feet); thence South 030 38' 46" East, 39.977 meters (131.16 feet); thence North
Page 3
File No: 09501669
85° 38' 19" East 38.292 meters (125.63 feet); thence North 220 11' 31" East
37.047 meters (121.54 feet) to a point on said Southwesterly line of the
Northeasterly 200.00 feet of Lot 92; thence North 6710 48' 47" West, 62.079
meters (203.67 feet) to the point of beginning.
Parcel 2:
That portion of the Northeasterly 200.00 feet of Lot 92 in the Rancho Laguna,
situated in the City of Vernon, County of Los Angeles, Statq of California, as
shown on a map filed as Exhibit "A", in Case No. B-25296, of the Superior Court
of said State of California, Los Angeles County, described as follows:
Beginning at the intersection of the Southwesterly line of said Northeasterly
200.00 feet of Lot 92 and the Easterly line of Atlantic Boulevard, (40.00 foot
half -width) as described In a grant to the County of Los Angeles for public road
and highway purposes, recorded February 28, 1922, in Book 864, Page 317,
Official Records, of said Los Angeles County; thence South 671* 48' 47" East,
28.036 meters (91.98 feet) along said Southwesterly line of the Northeasterly
200.00 feet of Lot 92; thence North 030 38' 46" West, 31.419 meters (103.08
feet) to a point on said Easterly line of Atlantic Boulevard, said point being the
beginning of a non -tangent curve, concave Northwesterly, having a radius of
103.632 meters (340.00 feet), a radial line through said point bears South 490
43' 00" East; thence Southwesterly along said curve and along said Easterly line
of Atlantic Boulevard, an arc length of 31.835 meters (104.44 feet), through a
central angle of 170 36' 0311, to the point of beginning.
EXCEPT therefrom all oil, gas, minerals, and other hydrocarbon substances lying
below the surface of said land, but with no right of surface entry, as provided in
deeds of record.
Assessor's Parcel Number: 6332-002-942,943
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VERIFICATION
Bruce V. Malkenhorst, Jr. states that (1) the above Notice of Nonresponsibility is
a true and correct copy of the Notice of Nonresponsibility posted on the Property by Sergio
Canales, Engineering Aide in the Community Services & Water Department of the City of
Vernon; and that (2) the facts stated therein are true of my own knowledge.
I declare under the penalty of perjury under laws of the State of California that
the foregoing is true and correct. Executed at Vernon, CalWnia on April 13, 2006.
Print/Name: /Bruce V. Malkenhorst, Jr.
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
/3 g4
On April '2006 before me, Manuela Giron, Notary Public, personally appeared Bruce
V. Malkenhorst, Jr. (X) personally known to me, or (---) proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person, or entity upon behalf of which the person acted, executed
the instrument.
WITNESS my hand and official seal
Notary Public
(SEAL)
01910/0030 137145.1