Resolution No. 95351
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RESOLUTION NO. 9535
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
PURCHASE AND SALE AGREEMENT - REAL PROPERTY - DK
81-01-01 BY AND BETWEEN THE CITY OF VERNON AND THE
STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION,
FOR AN EXCESS RIGHT-OF-WAY EASEMENT IN ATLANTIC
BOULEVARD NORTH OF BANDINI BOULEVARD
WHEREAS, the City of Vernon ("City") found an excess right-
of-way easement (the "Easement") in Atlantic Boulevard north of Bandini
'Boulevard (the "Property") during the design of the 26th Street Bridge
and Street Improvement Project (Contract 575); and
WHEREAS, the Easement is a remnant of a larger easement that
the State of California, Department of Transportation ("Caltrans")
decertified in the past, which Caltrans no longer needs; and
WHEREAS, the Easement impacts the intersection of Atlantic
and Bandini Boulevards as well as a short section of Atlantic Boulevard
and the acquisition of the Property will provide the City control of
the intersection and street and eliminate the need for Caltrans to be
involved in any improvement that the City makes in the area; and
WHEREAS, the City of Vernon desires to purchase the
"Property" from Caltrans for Five Hundred Dollars ($500.00) for public
street purposes only; and
WHEREAS, Caltrans has agreed to sell the Property to the
City on negotiated terms, subject to the approval of the California
Transportation Commission, which the City has determined to be fair
and reasonable; and
WHEREAS, the City intends the Property to be used for public
Istreet purposes only; and
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WHEREAS, City staff have recommended that the Property be
purchased and the necessary documents executed to implement the
purchase; and
WHEREAS, the City Council finds and determines that it is in
the interests of the public health, safety and welfare to purchase the
Property from Caltrans.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City hereby finds and
determines that the recitals contained hereinabove are true and
correct.
SECTION 2: The City Council of the City hereby finds that
the Property will be used for public street purposes only in
conformance with State law.
SECTION 3: The City Council of the City hereby approves the
Purchase and Sale Agreement - Real Property - DK 81-01-01 with
Caltrans, in substantially the same form as the copy which is attached
hereto as Exhibit A and incorporated by reference. A copy of Quitclaimll
Deed No. DK 81-01-01 is attached hereto as Exhibit B and incorporated by
reference.
SECTION 4: The City.Council of the City hereby authorizes
the Mayor or Mayor Pro-Tem to execute the Agreement for, and on behalf
of, the City and the City Clerk is hereby authorized to attest
thereto.
SECTION 5: The City Council of the City hereby authorizes
the City Administrator, or his designee, to make whatever non-
,substantive, administrative and/or text changes, upon advice of
counsel, to the Agreement.
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SECTION 6: The City Council of the City of Vernon hereby
authorizes the City Administrator, or his designee, to execute any and
all documents as shall be required to complete the acquisition of the
Easement in the Property, including the execution of deed, and to
accomplish the close of escrow, if any, consistent with the terms of
said Agreement approved herein.
SECTION 7: The City Council of the City hereby directs the
City Clerk, or her designee, to send two executed Agreements together
with the deposit of Five Hundred Dollars ($500.00) to:
State of California, Department of Transportation
Attn. Vince Lundblad, Chief
R/W Excess Land Sales
100 S. Main St., MS6
Los Angeles, CA 90012
SECTION 8: 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 22nd day of January, 2008.
ATTEST:
h'�� /(",-
NUELA GIRON, ity Clerk
Name: Leonis C. Malburg
Title: Mayor /
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 9535, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Tuesday, January 22, 2008, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
(SEAL)
MANUELA RO , City Clerk
- 4 -
EXHIBIT A
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
PURCHASE AND SALE AGREEMENT - REAL PROPERTY — DK 81-01-01
In this Agreement dated January 22, 2008, by and between the CITY OF VERNON,
hereinafter known as `Buyer" and STATE OF CALIFORNIA, DEPARTMENT OF
TRANSPORTATION, hereinafter known as "Seller", the parties agree as follows:
For the sum of Five Hundred Dollars, ($500.00); Buyer hereby agrees to purchase and Seller hereby
agrees to sell the property legally described in Quitclaim's Deed No. DK 81-01-01 (hereinafter
referred to as the "Property").
Subject to the following conditions:
Buyer agrees to tender witi this agreement a full payment of Five Hundred dollars, ($500.00). This
payment is due on or be£re January 29th , 2008. All payments shall be made to State of
California, Department of Transportation, and mailed to State of California, Department of
Transportation, R/W Excess Land Sales, 100 S Main St, MS6, Los Angeles, CA 90012.
II
The governing body of your agency must provide a resolution that states the property will be used for
specific public purposes. "Public purposes" means the preponderant area of the property shall be
substantially for government, as opposed to proprietary functions. The intended specific use of the
property shall be stated in the resolution, and conforms to Government Code Sections 54220 through
54227.
III
All sales made subject to the approval of the California Transportation Commission, (CTC). In the
event that the California Transportation Commission fails to approve this sale, all monies heretofore
paid by the Buyer will be refunded without interest.
IV
The Seller is willing to process this sale at no charge to the Buyer, except for the items set forth in
paragraph V below. Buyer, at its option, may open an escrow at its own expense. The Seller will pay
no escrow fees.
V
The Buyer agrees to pay any and all recording fees, documentary stamp tax and monumentation fees
chargeable by the County Recorder. At a later date, the Seller will request that these fees are
forwarded, and Buyer shall submit to the Seller upon demand.
VI
The Buyer expressly understands that the right, title and interest in the Property to be conveyed shall
not exceed that vested in the State of California and that the Seller will furnish no policy of title
insurance. If a policy of title insurance is desired, the Buyer shall obtain one, at the Buyer's expense.
VII
The Property is being sold "as is" and is being conveyed subject to any special assessments,
restrictions, reservations or easements of record and subject to any reservations contained in the
Director's Deed. Buyer may examine any information the Seller has relative to these matters.
Page 1 of 2
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
PURCHASE AND SALE AGREEMENT - REAL PROPERTY - DK 81-01-01
VIII
In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to
secure the performance hereof, each party shall bear its own attorney's fees. The Buyer agrees that
the title of the Property being conveyed shall not pass until the Director's Deed has been recorded.
The Buyer shall not take possession of the Property until the director's Deed is recorded.
IX
Buyer shall defend, indemnify, and hold Seller and Seller's elected and appointed officers, agents and
employees free and harmless from and against any and all liabilities, damages, claims, costs and
expenses (including without limitation, attorney's fees, legal expenses and consultant's fees, and
investigation and remediation costs) arising in whole or in part from the existence of hazardous
substances, or hazardous substance conditions. This indemnity is intended to address that liability for
which Seller may be responsible arising solely out of its mere ownership of said real Property. This
provision shall survive transfer of title to said real Property and any rescission of said transfer.
"Hazardous Substance" shall mean any substance whose nature and/or quantity of existence. Use,
manufacture, disposal of effect, render it subject to federal, state or local regulation, investigation,
remediation or removal as potentially injurious to public health or welfare, including the
Comprehensive Environmental Response Compensation and Liability Act or Resource Conservation
and Recovery Act as now in effect. "Hazardous Substance Condition" shall mean the existence on or
under, said Property of a hazardous substance that requires remediation and / or removal and / or to
be otherwise mitigated pursuant to applicable law.
The terms and conditions of the above agreement are hereby accepted, subject to the approval of the
California Transportation Commission.
BUYER: City of Vernon
IN
Leonis C. Malburg, Mayor
ATTEST:
Manuela Giron, City Clerk
Date:
APPROVED AS TO FORM:
Jeff Harrison, City Attorney
SELLER: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
Date:
Vince Lundblad, Chief
Excess Land
Southern R/W Region
Page 2 of 2
EXHIBIT B
01/08/2008 23:33 9094440477 CT SO RW REGION PAGE 02/05
Recording Requested by
DEPARTMENT OF TRANSPORTATION
When recorded, Mail to:
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
District 7, Design Division
Office of R/W Engineering
100 South Main Street, MS 13
Los Angeles, CA 90012
FiWPS:Rieardo Ynostroza R1W Map No. F1525.1
Written by;RC Date: 05-30-2007
Checked bv.JM
DIRECTOR'S DEED
(Quitclaim)
E.A. OR0002
E'Iv of Aftntia Ave.. N'iy of Bandini Blvd,
District
County
Route
Post
Number
07
LA
710
PM 22.1
DK 81-01-01
The STATE OF CALIFORNIA, acting by and through its Director of Transportation, noes hereby
release and quitclaim to
all right, title and interest in and to all that real property in the Cif of Vernon ,
County of Los Angeles , State of California, described as:
That Easement to use for public highway purposes only, in and to that portion of Lot 92 of
Rancho Laguna, in the Rancho San Antonio, et seq., as per map filed as Exhibit A in Superior
Court Case No. B425296 as recorded in Book 8307, page 1 of Deeds, and a portion of Parcel 1,
of Parcel Map 63140, recorded in Book 341, page 1 to 3 of Parcel Maps, and as acquired by the
State of California in Parcel 3 of Deed of Easement, recorded December 20, 1935, in Book 13900,
pages 29 and 30, of Official Records, all in the office of the County Recorder of said county,
described as follows:
BEGINNING at the intersection of the Southeasterly line of Atlantic Avenue (formerly
Pasadena Avenue) as per deed recorded in Book 864, page 317 of said Official Records, with the
Southeasterly prolongation of the Southwesterly line of Bandini Boulevard, as per deed recorded
in Book 3860, page 214 of said Official Records; THENCE N 63043'00" E (Record N 63042'10" E)
667.03 feet on. said Southeasterly line; THENCE Southwesterly on a curve of 2092.38 feet radius,
concave Northwesterly, 262.94 feet, having a central angle of 07*12'00", the radial line to said
curve at the beginning thereof bearing S 39007'50" E; THENCE Westerly on a tangent curve of
43.00 feet, radius, concave Northerly 59.92 fleet, having a central angle of 79°50'28"; THENCE
N 64046'55" WN 8.94 feet; THENCE Southwesterly on a curve of 2050.00 feet radius, concave
MAIL TAX STATEMENTS TO:
Form RW 6.1(T) (Revised 9=06) Page 1 of 3
01/08/2008 23:33 9094440477 CT SO RW REGION PAGE 03/05
Northwesterly 154.87 fleet, having a central angle of 04019'43"; the radial line to said last curve at
the beginning thereof bearing S 30036'43" E; THENCE on a tangent S 63°43'00" W, 192.96 fleet,
said last course being 10.00 feet Southeasterly, measured at right angles, from said Southeasterly
line; THENCE Northwesterly on said prolongation of the Southwesterly line of Bandini Boulevard
13.33 feet to the POINT OF BEGINNING.
This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyors' Act.
Signature: /, 61
Licensed L n Surveyor
Date: U/ 6 . Z r o 7
DK 81-01-01
Form RW 6-1(T) (Revised 9/2006) Page 2 of 3
01/08/2008 23:33 9094440477 CT SO RW REGION PAGE 04/05
Number
DK 81-01-01
Subject to special assessments if any, restrictions, reservations, and easements of record,
This conveyance Is executed pursuant to the authority vested In the Director of Transportation by law and, in
particular, by the Streets and Highways Code.
WITNESS my hand and the seal of the Department of Transportation of the State of California, this
day of 20
APPROVED AS TO FORM AND PROCEDURE
ATTORNEY
DEPARTMENT OF TRANSPORTATION
STATE OF CALIFORNIA
County of Sacramento
On this the day of
I SS
20 , before me,
STATE OF CALIFORNIA,
DEPARTMENT OF TRANSPORTATION
Director of Transportation
By
Attorney in Fact
PERSONAL ACKNOWLEDGMENT
Name, Title of Offioer-E.G., "Jane Doe, Notary Public"
personally appeared
Name of Signer
personally known to me
proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within Instrument and acknowledged to me that _ he/she executed• the same in
his/her authorized capacity, and that by ,,, his/her signature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument,
WITNESS my hand and official seal,
(Notary Public's signature in and for said County and State)
stamp)
(This space reserved for CTC Cer0catton)
Form RW 6-1 M (Revised 912006) Page 3 of 3
01/08/2008' 23:33
9094440477
CT SO RW REGION
PAGE 05/05
CI
LOCATION MAP NO SCALE
DIST COUNTY
07 LA
PARCEL N0.
ROUTE POST FILE
710 22.1
AREA S.F.
DK 81-01-01 119056 S.F.
PORTION OF LOT 92 OF
RANCHO LAGUNA
IN THE RANCHO SAN ANTONID,ET SEO.,
BOOK 8307, PAGE 1 OF DEEDS
111,056 S.F.
- D K--"%
81-01-01
ROUTE 710 FREEWAY
' R = 2092.38'
L = 269.94'
�#01 R 43.00'
�I 8.94' L = 59.92
oe R = 2050.00'
el 0000 154.87'
000'
1g2.
I I I_I.I.1 I 1 STATE RETAINS ACCESS RIGHTS
STATE OF CALIFORNIA-DEPARTMENT OF TRANSPORTATION -DISTRICT 07
PLAT ACCOMPANYING
DIRECTOR'S DEED DK 81-01-01
REF. MAP,. F1625-1
CITY OF VERNON
SCALES NONE
DRWN., FC CWKD= JU
DATE: 05-30-2007
in6321 a.dan 5/30/2007 1,14:51 PM
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
PURCHASE AND SALE AGREEMENT - REAL PROPERTY — DK 81-01-01
In this Agreement dated January 22, 2008, by and between the CITY OF VERNON,
hereinafter known as "Buyer" and STATE OF CALIFORNIA, DEPARTMENT OF
TRANSPORTATION, hereinafter known as "Seller", the parties agree as follows:
For the sum of Five Hundred Dollars, ($500.00); Buyer hereby agrees to purchase and Seller hereby
agrees to sell the property legally described in Quitclaim's Deed No. DK 81-01-01 (hereinafter
referred to as the "Property").
Subject to the following conditions:
I
Buyer agrees to tender with this agreement a full payment of Five Hundred dollars, ($500.00). This
payment is due on or before January 29th , 2008. All payments shall be made to 'State of
California, Department of Transportation, and mailed to State of California, Department of
Transportation, R/W Excess Land Sales, 100 S Main St, MS6, Los Angeles, CA 90012.
II
The governing body of your agency must provide a resolution that states the property will be used for
specific public purposes. "Public purposes" means the preponderant area of the property shall be
substantially for government, as opposed to proprietary functions. The intended specific use of the
property shall be stated in the resolution, and conforms to Government Code Sections 54220 through
54227.
III
All sales made subject to the approval of the California Transportation Commission, (CTC). In the
event that the California Transportation Commission fails to approve this sale, all monies heretofore
paid by the Buyer will be refunded without interest.
IV
The Seller is willing to process this sale at no charge to the Buyer, except for the items set forth in
paragraph V below. Buyer, at its option, may open an escrow at its own expense. The Seller will pay
no escrow fees.
V
The Buyer agrees to pay any and all recording fees, documentary stamp tax and monumentation fees
chargeable by the County Recorder. At a later date, the Seller will request that these fees are
forwarded, and Buyer shall submit to the Seller upon demand.
VI
The Buyer expressly understands that the right, title and interest in the Property to be conveyed shall
not exceed that vested in the State of California and that the Seller will furnish no policy of title
insurance. If a policy of title insurance is desired, the Buyer shall obtain one, at the Buyer's expense.
VII
The Property is being sold "as is" and is being conveyed subject to any special assessments,
restrictions, reservations or. -easements of record and subject to any reservations contained in the
Director's Deed. Buyer may examine any information the Seller has relative to these matters.
Page 1 of 2
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
PURCHASE AND SALE AGREEMENT - REAL PROPERTY — DK 81-01-01
VIII
In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to
secure the performance hereof, each party shall bear its own attorney's fees. The Buyer agrees that
the title of the Property being conveyed shall not pass until the Director's Deed has been recorded.
The Buyer shall not take possession of the Property until the director's Deed is recorded.
IX
Buyer shall defend, indemnify, and hold Seller and Seller's elected and appointed officers, agents and
employees free and harmless from and against any and all liabilities, damages, claims, costs and
expenses (including without limitation, attorney's fees, legal expenses and consultant's fees, and
investigation and remediation costs) arising in whole or in part from the existence of hazardous
substances, or hazardous substance conditions. This indemnity is intended to address that liability for
which Seller may be responsible arising solely out of its mere ownership of said real Property. This
provision shall survive transfer of title to said real Property and any rescission of said transfer.
"Hazardous Substance" shall mean any substance whose nature and/or quantity of existence. Use,
manufacture, disposal of effect, render it subject to federal, state or local regulation, investigation,
remediation or removal as potentially injurious to public health or welfare, including the
Comprehensive Environmental Response Compensation and Liability Act or Resource Conservation
and Recovery Act as now in effect. "Hazardous Substance Condition" shall mean the existence on or
under, said Property of a hazardous substance that requires remediation and / or removal and / or to
be otherwise mitigated pursuant to applicable law.
The terms and conditions of the above agreement are hereby accepted, subject to the approval of the
California Transportation Commission.
BUYER: City of Vernon
Leonis C. Malburg, Mayor
A TEST:
anuela Giro-d"'7C4 Clerk
SELLER: TATE DOFCALI ORNIA
By:
Vince Lundblad, Chief
Excess Land
Southern R/W Region
Date: 1/'2, ?,/0 q
APPROV AS TO FORM:
Jeff o , City Attorney
DEPARTMENT OF TRANSPORTATION
Date: %' Z-?— a-?
Page 2 of 2
COMMUNITY SERVICES & WATER DEPARTMENT
Samuel Kevin Wilson, Director of Community Services & Water
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811 Fax (323) 826-1435
January 24, 2008
Vince Lundblad, Chief
State of California
Department of Transportation
R/W Excess Land Sales
100 South Main Street, MS6
Los Angeles, California 90012
Attn: Shan Cai
RE: . PURCHASE AND SALE AGREEMENT — REAL PROPERTY — DK 81-01-01
Dear Ms. Cai:'
Enclosed herewith are two partially executed originals of the Purchase and Sale Agreement —
Real Property — DK 81-01-01 between the City of Vernon and the State of California, Department of
Transportation along with a check for $500, which was approved by the Vernon City Council on January
22, 2008 under Resolution No. 9535.
Please have both originals properly executed and return one original to this office. If you have
any questions please contact Woody Natsuhara of my ytaff t 323-583-8811 extension 305. Thank you.
SKW/ca
Enclosures
c: Manuela Giron
Filson, P.E.
Director of Community Services & Water
E,�cfusivefy Industrid
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: January 23, 2008
TO: Kevin Wilson, Director of Community Services & Water
FROM:_, Nelly Giron, City Clerk
RE: Resolution No. 9535 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution
of a Purchase and Sale Agreement - Real Property - DK 81-01-
01 By and Between the City of Vernon and the State of
California, Department of Transportation, for an Excess
Right -of -Way Easement in Atlantic Boulevard North of Bandini
Boulevard
Transmitted herewith as requested by your department, are two executed
agreements for your transmittal and a copy of Resolution No. 9535,
referenced above, which was approved by City Council on January 22,
2008.
Please ensure that City Clerk's Office receives a copy of the
transmittal letter and one fully executed agreement.
Thank you.
NG:dr
c: Resolution No. 9535
Agreement File No. 08-005
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
April 16, 2008
Shan Cai
Excess Land Clearance
District 7 Right of Way
California Department of Transportation
100 S. Main Street, 12-016
Los Angeles, CA 90012
Re: File No. 81-01-01
Dear Ms. Cai:
As per our phone conversation of April 15, 2008, enclosed is the
original, signed and notarized, Certificate of Acceptance of the above
referenced file.
It is my understanding that once the County records the Excess Right
of Way Easement, the original recorded document will be forwarded to
the City of Vernon.
If there is anything else you may need on this matter, please contact
me at 323.583.8811 ext. 266.
ncerely,
Nel y G r n
City Clerk
:ng
cc: Woody Natsuhara
E1(cfusivefy Inddustriaf
CERTIFICATE OF ACCEPTANCE
Number
DK 81-01-01
This is to certify that the interest in real property conveyed by Director's Deed, No. DK 81-01-01, form
the State Of California, acting by and through its Department Of Transportation, to the City of Vernon, a
municipal corporation duly organized under the constitution of the State of California, is hereby accepted
in accordance with its terms by the undersigned.
City of Vernon
Eric T. Fresch, City Administrator
ATTEST:
'C�7-
N"eJ;�EE4�iW"akx
Kristen Enomoto, Deputy City Clerk
STATE OF CALIFORNIA
I ss
County of Los Angeles
On this the /Yl—l' day of /�/'�- L_ 2008
personally appeared �l %. 1 ae�C
Name of Signer
Date: April 14, 2008
APPROVED A TO FORM:
Jeff i n, City Attorney
PERSONAL ACKNOWLEDGMENT
beforeme, aA'fA �- Z01/,';
Name, Title of Officer
who proved to me on the basis of satisfactory evidence to be the person( whose name( is/are subscribed to the within
instrument and acknowledged to me that he/site/tliey executed the same in his/her/thch-authorized capacity(ies), and that by
his/her/their signature( on the instrument the personO, or the entity upon behalf of which the personO acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the state of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
(Notary Public's signature in and for said County and State)
JUDITH A. IEHR
Commission # 1646385
1-00 Notary Public - Collllotnio
too county
My Coma - ExpUet F9b 19, 201
(for notary seal or stamp)
Giron, Nelly
From: Natsuhara, Sherwood
Sent: Monday, April 14, 2008 3:00 PM
To: Giron, Nelly
Subject: FW: 81-01-01
Cert 81-01-Ol.doc
After signature by the City Administrator, please send the Certificate of
Acceptance to the person below and provide a copy to Community Services.
-----Original Message -----
From: Shan Cai [mailto:shan cai@dot.ca.gov]
Sent: Friday, March 21, 2008 1:09 PM
To: Natsuhara, Sherwood
Subject: 81-01-01
Hi Woody,
The sale has been approved by CTC, I will expect the Deed back next week, please sign the
Cert of Acceptance for me to record the Deed. Thanks.
(See attached file: Cert 81-01-Ol.doc)
Shan Cai
Excess Land Clearance
District 7 Right of Way
California Department of Transportation
100 S Main St. 12-016
Los Angeles, Ca 90012
Tele: 213-897-0525
Fax: 213-897-0656
CITY ATTORNEY'S OFFICE
INTER -DEPARTMENT MEMORANDUM
DATE: April 14, 2008
TO: Woody Natsuhara, Deputy Director of Community Services
FROM: Jeff A. Harrison, City Attorney9-
RE: Atlantic Blvd. North of Bandini Blvd. - Excess Right -of -
Way Easement - Caltrans Parcel 81(3), Map F1525-1
Dear Woody:
I have received and reviewed your Memorandum dated April 1, 2008,
and the attachments thereto.
I have approved the Certificate of Acceptance as to form and,
forwarded the original Certificate regarding the above -referenced
matter to the City Clerk for processing.
JH:j1
cc: Manuela Giron, City Clerk (w/original Certificate of
Acceptance -Resolution No. 9535)
of V'P
�kLY IT49
CITY ATTORNEY DEFT,
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
TO: Jeff Harrison, City Attorney
FROM: Samuel Kevin Wilson, Director of Community Services & Water
DATE: April 1, 2008
SUBJECT: Atlantic Blvd. North of Bandini Blvd. — Excess Right of Way Easement - Caltrans Parcel
81(3), Map F1525-1
The City of Vernon found an excess right of way easement in Atlantic Blvd. north of Bandini
Blvd. during the design of the 26t' Street Bridge and Street Improvement project. This easement is a
remnant of a larger easement that Caltrans decertified in the past. The City of Vernon and Caltrans
have investigated the need for this easement and found that Caltrans no longer has a need for this
easement. In order for Caltrans to transfer ownership of this easement to the City of Vernon, a
contract and deed was approved by the City Council on January 22, 2008 by Resolution No. 9535 and
executed by the Mayor. The California Transportation Commission has now approved the transfer of
the easement. The City of Vernon must now accept the easement and the enclosed Certificate of
Acceptance must be approved and signed by the City. Please review and approve the Certificate of
Acceptance for execution.
SKW/sn
Enclosure
r 1
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
PURCHASE AND SALE AGREEMENT - REAL PROPERTY — DK 81-01-01
In this Agreement dated January 22, 2008, by and between the CITY OF VERNON,
hereinafter known as "Buyer" and STATE OF CALIFORNIA, DEPARTMENT OF
TRANSPORTATION, hereinafter known as "Seller", the parties agree as follows:
For the sum of Five Hundred Dollars, ($500.00); Buyer hereby agrees to purchase and Seller hereby
agrees to sell the property legally described in Quitclaim's Deed No. DK 81-01-01 (hereinafter
referred to as the "Property").
Subject to the following conditions:
Buyer agrees to tender with this agreement a full payment of Five Hundred dollars, ($500.00). This
payment is due on or before January 29th , 2008. All payments shall be made to State of
California, Department of Transportation and mailed to State of California, Department of
Transportation, R/W Excess Land Sales, 100 S Main St, MS6, Los Angeles, CA 90012.
II
The governing body of your agency must provide a resolution that states the property will be used for
specific public purposes. "Public purposes" means the preponderant area of the property shall be
substantially for government, as opposed to proprietary functions. The intended specific use of the
property shall be stated in the resolution, and conforms to Government Code Sections 54220 through
54227.
III
All sales made subject to the approval of the California Transportation Commission, (CTC). In the
event that the California Transportation Commission fails to approve this sale, all monies heretofore
paid by the Buyer will be refunded without interest.
IV
The Seller is willing to process this sale at no charge to the Buyer, except for the items set forth in
paragraph V below. Buyer, at its option, may pen an escrow at its own expense. The Seller will pay
no escrow fees.
V
The Buyer agrees to pay any and all recording fees, documentary stamp tax and monumentation fees
chargeable by the County Recorder. At a later date, the Seller will request that these fees are
forwarded, and Buyer shall submit to the Seller upon demand.
VI
The Buyer expressly understands that the right, title and interest in the Property to be conveyed shall
not exceed that vested in the State of California and that the Seller will furnish no policy of title
insurance. If a policy of title insurance is desired, the Buyer shall obtain one, at the Buyer's expense.
VII
The Property is being sold "as is" and is being conveyed subject to any special assessments,
restrictions, reservations or easements of record and subject to any reservations contained in the
Director's Deed. Buyer may examine any information the Seller has relative to these matters.
Page 1 of 2
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
PURCHASE AND SALE AGREEMENT - REAL PROPERTY - DK 81-01-01
VIII
In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to
secure the performance hereof, each party shall bear its own attorney's fees. The Buyer agrees that
the title of the Property being conveyed shall not pass until the Director's Deed has been recorded.
The Buyer shall not take possession of the Property until the director's Deed is recorded.
IX
Buyer shall defend, indemnify, and hold Seller and Seller's elected and appointed officers, agents and
employees free and harmless from and against any and all liabilities, damages, claims, costs and
expenses (including without limitation, attorney's fees, legal expenses and consultant's fees, and
investigation and remediation costs) arising in whole or in part from the existence of hazardous
substances, or hazardous substance conditions. This indemnity is intended to address that liability for
which Seller may be responsible arising solely out of its mere ownership of said real Property. This
provision shall survive transfer of title to said real Property and any rescission of said transfer.
"Hazardous Substance" shall mean any substance whose nature and/or quantity of existence. Use,
manufacture, disposal of effect, render it subject to federal, state or local regulation, investigation,
remediation or removal as potentially injurious to public health or welfare, including the
Comprehensive Environmental Response Compensation and Liability Act or Resource Conservation
and Recovery Act as now in effect. "Hazardous Substance Condition" shall mean the existence on or
under, said Property of a hazardous substance that requires remediation and / or removal and / or to
be otherwise mitigated pursuant to applicable law.
The terms and conditions of the above agreement are hereby accepted, subject to the approval of the
California Transportation Commission.
BUYER: City of Vernon
By:<eo is C. Mal0%r �.� Date:
burg, ayor
A TEST: APPROV AS TO FORM:
anuela Giran"-,C4 Clerk Jeff o , City Attorney
SELLER: §TATE OF C,6
1l ,
By: �'
Vince Lundblad, Chief
Excess Land
Southern R/W Region
DEPARTMENT OF TRANSPORTATION
Date: %- Zg— e?
Page 2 of 2
OF V.P
c 4I011N �J
Gs��'ELV lH9V�''G
APR - 3 2008
CITY ATTORNIEY DES ,
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
TO: Jeff Harrison, City Attorney
!AJ
FROM: Samuel Kevin Wilson, Director of Community Services & Water
DATE: April 1, 2008
SUBJECT: Atlantic Blvd. North of Bandini Blvd. - Excess Right of Way Easement — Caltrans Parcel
81(3), Map F1525-1
The City of Vernon found an excess right of way easement in Atlantic Blvd. north of Bandini
Blvd. during the design of the 26t' Street Bridge and Street Improvement project. This easement is a
remnant of a larger easement that Caltrans decertified in the past. The City of Vernon and Caltrans
have investigated the need for this easement and found that Caltrans no longer has a need for this
easement. In order for Caltrans to transfer ownership of this easement to the City of Vernon, a
contract and deed was approved by the City Council on January 22, 2008 by Resolution No. 9535 and
executed by the Mayor. The California Transportation Commission has now approved the transfer of
the easement. The City of Vernon must now accept the easement and the enclosed Certificate of
Acceptance must be approved and signed by the City. Please review and approve the Certificate of
Acceptance for execution.
SKW/sn
Enclosure
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
PURCHASE AND SALE AGREEMENT - REAL PROPERTY — DK 81-01-01
In this Agreement dated January 22, 2008 by and between the CITY OF VERNON,
hereinafter known as "Buyer" and STATE OF CALIFORNIA, DEPARTMENT OF
TRANSPORTATION, hereinafter known as "Seller", the parties agree as follows:
For the sum of Five Hundred Dollars, ($500.00); Buyer hereby agrees to purchase and Seller hereby
agrees to sell the property legally described in Quitclaim's Deed No. DK 81-01-01 (hereinafter
referred to as the "Property").
Subject to the following conditions:
Buyer agrees to tender with this agreement a full payment of Five Hundred dollars, ($500.00). This
payment is due on or before January 29th , 2008. All payments shall be made to State of
California, Department of Transportation and mailed to State of California, Department of
Transportation, R/W Excess Land Sales, 100 S Main St, MS6, Los Angeles, CA 90012.
II
The governing body of your agency must provide a resolution that states the property will be used for
specific public purposes. "Public purposes" means the preponderant area of the property shall be
substantially for government, as opposed to proprietary functions. The intended specific use of the
property shall be stated in the resolution, and conforms to Government Code Sections 54220 through
54227.
III
All sales made subject to the approval of the California Transportation Commission, (CTC). In the
event that the California Transportation Commission fails to approve this sale, all monies heretofore
paid by the Buyer will be refunded without interest.
IV
The Seller is willing to process this sale at no charge to the Buyer, except for the items set forth in
paragraph V below. Buyer, at its option, may open an escrow at its own expense The Seller will pay
no escrow fees.
V
The Buyer agrees to pay any and all recording fees, documentary stamp tax and monumentation fees
chargeable by the County Recorder. At a later date, the Seller will request that these fees are
forwarded, and Buyer shall submit to the Seller upon demand.
VI
The Buyer expressly understands that the right, title and interest in the Property to be conveyed shall
not exceed that vested in the State of California and that the Seller will furnish no policy of title
insurance. If a policy of title insurance is desired, the Buyer shall obtain one, at the Buyer's expense.
VII
The Property is being sold "as is" and is being conveyed subject to any special assessments,
restrictions, reservations or easements of record and subject to any reservations contained in the
Director's Deed. Buyer may examine any information the Seller has relative to these matters.
Page 1 of 2
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
PURCHASE AND SALE AGREEMENT - REAL PROPERTY — DK 81-01-01
VIII
In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to
secure the performance hereof, each party shall bear its own attorney's fees. The Buyer agrees that
the title of the Property being conveyed shall not pass until the Director's Deed has been recorded.
The Buyer shall not take possession of the Property until the director's Deed is recorded.
IX
Buyer shall defend, indemnify, and hold Seller and Seller's elected and appointed officers, agents and
employees free and harmless from and against any and all liabilities, damages, claims, costs and
expenses (including without limitation, attorney's fees, legal expenses and consultant's fees, and
investigation and remediation costs) arising in whole or in part from the existence of hazardous
substances, or hazardous substance conditions. This indemnity is intended to address that liability for
which Seller may be responsible arising solely out of its mere ownership of said real Property. This
provision shall survive transfer of title to said real Property and any rescission of said transfer.
"Hazardous Substance" shall mean any substance whose nature and/or quantity of existence. Use,
manufacture, disposal of effect, render it subject to federal, state or local regulation, investigation,
remediation or removal as potentially injurious to public health or welfare, including the
Comprehensive Environmental Response Compensation and Liability Act or Resource Conservation
and Recovery Act as now in effect. "Hazardous Substance Condition" shall mean the existence on or
under, said Property of a hazardous substance that requires remediation and / or removal and / or to
be otherwise mitigated pursuant to applicable law.
The terms and conditions of the above agreement are hereby accepted, subject to the approval of the
California Transportation Commission.
BUYER: City of Vernon
Date:
Leo is C. Malburg, ayor
A TEST: APPROV AS TO FORM:
anuela Giron, Ci Clerk Jeff o , City Attorney
NEUEL+'K: - I A IE OF UAL1 �ORNIA DEPAR
r
By: Date: _
Vince Lundblad, Chief
Excess Land
Southern R/W Region
OF TRANSPORTATION
Page 2 of 2
f
AL This page is part of your document - DO NOT DISCARD
901`: 2ooso6s7os Pages:
_ I II I II I III i � IIII III
006
Recorded/Filed in Official Records Fee: 0.00
Recorder's Office, Los Angeles County,
California Tax: 0.00
Other: 0.00
04/18/08 AT 01:16PM
Total: 0.00
1864996 200804180030017 Counter
Number of AIN's Shown
E46MS7 THIS FORM IS NOT TO BE DUPLICATED
Recording Requested by
DEPARTMENT OF TRANSPORTATION
191
When recorded, Mail to:
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
District 7, Design Division
Office of 'R/W Engineering
100 South Main Street, MS 13
Los Angeles, CA 90012
RWPS:Ricardo Ynostroza R/W Map No. F1525-1
Written by:FC Date: 05-30-2007
Checked bv:JM
DIRECTOR'S DEED
(Quitclaim)
04/18/08
20080685708
Spa.;e above this line for Recorder's
E.A. OR0002
E'lv of Atlantic Ave., N'lv of Bandini Blvd.
District
County
Route
Post
Number
07
FLA
710
PM 22.1
DK 81-01-01
The STATE OF CALIFORNIA, acting by and through its Director of Transportation, does hereby
release and quitclaim to City of Vernon
all right, title and interest in and to all that real property in the City of Vernon
County of Los Angeles 1,, State of California, described as:
That Easement to use for public highway purposes only, in and to that portion of Lot 92 of
Rancho Laguna, in the Rancho San Antonio, et seq., as per map filed as Exhibit A in Superior
Court Case No. B425296 as recorded in Book 8307, page 1 of Deeds, and a portion of Parcel 1,
of Parcel Map 63140, recorded in Book 341, page 1 to 3 of Parcel Maps, and as acquired by the
State of California in Parcel 3 of Deed of Easement, recorded December 20, 1935, in Book 13900,
w
ul
pages 29 and 30, of Official Records, all in the office of the County Recorder of said county,
�
described as follows:
0
J �
BEGINNING at the intersection of the Southeasterly line of Atlantic Avenue (formerly
2
Pasadena Avenue) as per deed recorded in Book 864, page 317 of said Official Records, with the
0 o
Southeasterly prolongation of the Southwesterly line of Bandini Boulevard, as per deed recorded
u- U
in Book 3860, page 214 of said Official Records; THENCE N 63043'00" E (Record N 63042'10" E)
0-
667.03 feet on said Southeasterly line; THENCE Southwesterly on a curve of 2092.38 feet radius,
z
w w
concave Northwesterly, 262.94 feet, having a central angle of 07°12'00"; the radial line to said
b M
curve at the beginning thereof bearing S 39007'50" E; THENCE Westerly on a tangent curve of
Ln w
43.00 feet radius, concave Northerly 59.92 feet, having a central angle of 79050'28"; THENCE
N
00
64046'55" W, 8.94 feet; THENCE Southwesterly on a curve of 2050.00 feet radius, concave
o cr
MAIL TAX STATEMENTS TO: City of Vernon
Ln a
4305 Santa Fe Ave, Vernon, Ca 90058
= z
~
Form RW 6-1(T) (Revised 9/2006) Page 1 of 3
Northwesteriy 154.87 feet, having a central angle of 04019'43"; the radial line to said last curve at
the beginning thereof bearing S 30036'43" E; THENCE on a tangent S 63043'00" W, 192.96 feet,
said last course being 10.00 feet Southeasterly, measured at right angles, from said Southeasterly
line; THENCE Northwesterly on said prolongation of the Southwesterly line of Bandini Boulevard
13.33 feet to the POINT OF BEGINNING.
This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyors' Act.
Signa
Date:
D K 81-01-01
T. YNUSTR[
No. 5998
Exp. lf111
Form RW 6-1(T) (Revised 9/2006) Page 2 of 3
F7Number
DK81-01-01
Subject to special assessments if any, restrictions, reservations, and easements of record.
This conveyance is executed pursuant to the authority vested in the Director of Transportation by law and, in
particular, by the Streets and Highways Code.
WITNESS my hand and the seal of the Department of Transportation of the State of California, this
1 t day of MLXCC 20_
APPROVED AS TO FORM AND PROCEDURE
ATTORNEY
DEPARTMENT OF TRANSPORTATION
STATE OF CALIFORNIA
County of Sacramento
On this the day of
I
SS
20 , before me,
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
V \/ (I1 kE-C/V yv,
Director of Transp rtation
y
Attorney in Fact
PERSONAL ACKNOWLEDGMENT
Name, Title of Officer-E.G., "Jane Doe, Notary Public"
personally appeared
Name of Signer
personally known to me
proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in
his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
(Notary Public's signature in and for said County and State)
Form RW 6-1(T) (Revised 9/2006) Page 3 of 3
notary seal or
THIS IS TO CERTIFY that the California Transportation
Commission has authorized the Director of Transportation
to execute the foregoing deed at its meeting regularly called
and held on the 12th day of March 2008, in the City of
Sacramento.
Dated this 14th day of March 2008.
O F. BARNA, J ., Executive Qiwat&
CALIFORNIA TRANSPORTATION COMMISSION
CALIFORNIA•ACKNOWLEDGMENT
�s,:ak �aa Aga. _ y "I'll, —A"M
State of California
County of
On Aa. A , a"'? before me, �' t k1 `aM
Date Here Insert Name and Title of the Officer � '
personally appeared
S. CAI
Commission dr 1755670
Notary Public - Calltornla
to3 Angeles County
* Comm• E%pk®s Jul io, 2011
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s), whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/s�f they executed the same in his/he4ieir authorized
capacity0as), and that by his/hsr/4-reir signature(,&) on the
instrument the person(s), or the entity upon behalf of
which the person(s).acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
1 �
Signature
Signature of Notary Public
OPTIONAL
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: ; rea- ,'s "De VC
Document Date: 07tfn (� , 2ov] Number of Pages:
d
Signer(s) Other Than Named Above: N 0 O{ kw IS'z"oi ;ti c, fr
Capacity(ies) Claimed by Signer(s)
Signer's Name: V tiro eVk k LXA,"C t
❑ Individual
Corporate Officer — Title(s): _
Partner — ❑ Limited ❑ General
Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer's Name:
❑ Individual
7Top of thumb here
f=�".
Signer Is Representing: - Signer Is Representing:
02007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402- www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827
Top of thumb here
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
U1
CERTIFICATE
OF ACCEPTANCE
Number
DK 81-01-01
This is to certify that the interest in real property conveyed by Director's Deed, No. DK 81-01-01, form
the State Of California, acting by and through its Department Of Transportation, to the City of Vernon, a
municipal corporation duly organized under the constitution of the State of California, is hereby accepted
in accordance with its terms by the undersigned.
City of Vernon
By.
;4"M
Eric T. Fresch, City Administrator
ATTEST:
l a Lx
Kristen Enomoto, Deputy City Clerk
STATE OF CALIFORNIA
County of Los Angeles I ss
Date:-, April 14, 2008
APPROVED A TO FORM:
Jeff i n, City Attorney
PERSONAL ACKNOWLEDGMENT
On this the ' V11 day of 1)AR- L- 2008 before me, o d, '-dj f . ��?/,� ��a Ta y a�, Jai -e-
Name, Title of Officer
personally appeared
Name of Signer
who proved to me on the basis of satisfactory evidence to be the person( whose name( Ware 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/Vteir signature( on the instrument the personO, or the entity upon behalf of which the person) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the state of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
(Notary Public's signature in and for said County and State)
Jt1M A. LEHR
Commmon # 141 6385
-d Notary P�tl
IIC - Calltoa
MVComm. Exp WF*b19, 201
(for notary seal or stamn)