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Resolution No. 96571 2 3 4 5 6 7 IN s 10 11 12 13 I= 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9657 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING A PAYMENT FOR AN ABANDONMENT OF EASEMENT RELATING TO PROPERTY LOCATED AT 5119 DISTRICT BOULEVARD WHEREAS, on February 2, 2005, the City Council of the City of Vernon (the "City") adopted Resolution No. 8663 approving the purchase of certain real property in the City located at 5119 District Boulevard in the City of Vernon (the "Property"), formerly the Thermador site, owned by Masco Building Products Corp., for future development; and WHEREAS, the escrow closed on the Property on December 7, 12005; and WHEREAS, prior to the close of escrow of the Property, the City requested a title search ("ALTA Survey") of the Property from North American Title Company ("North American") and obtained a Proforma Policy of Title Insurance; and WHEREAS, a Grant of Easement and Maintenance Agreement Grant was recorded on November 18, 1998, Instrument No. 98-2108534, which includes any rights to Buyer's Access Easement and all easements for ingress and egress (the "Easement"); and WHEREAS, the owners of the Easement are Mr. Braulio Sanchez and Mrs. Alicia Sanchez, aka Sanchez Furniture (collectively, "Sanchez"); and WHEREAS, the Easement was not disclosed by North American at the time the Property was purchased by the City, and the City first became aware of the Easement during the early stages of demolition in February 2008; and 1 WHEREAS, the Easement is necessary in order for the City to 2 fully develop the Property; and 3 WHEREAS, the City filed a claim against North American 4 because of its lack of disclosure and requested Sanchez abandon their 5 Easement; and 6 WHEREAS, in consideration for the City's payment of Fifty 7 Thousand Dollars ($50,000.00), Sanchez has agreed to record an 8 Abandonment of Easement quitclaiming all their rights, title and 9 interest in the Easement to the City.- 10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 1.1 CITY OF VERNON AS FOLLOWS: 12 SECTION 1: The City Council of the City of Vernon hereby 13 finds and determines that the recitals contained hereinabove are true 14 and correct. 15 SECTION 2: The City Council of the City of Vernon hereby 16 approves and directs the payment of $50,000.00 to Sanchez for the 17 abandon'ment of their Easement. 18 SECTION 3: The City Council of the City of Vernon hereby 19 authorizes and empowers the City Administrator, or his designee, to 20 execute such other agreements, certificates, deeds and any other 21 documents and to take such actions as may be necessary or convenient 22 to carry out the City's obligations hereunder and to effect the 23 purposes of this Resolution and the transactions therein authorized. 24 SECTION 4: The City Council of the City of Vernon hereby 25 directs the City Attorney, or his designee, to send a check in the sum 26 of $50,000.00 to Sanchez. 27 28 2 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 7th day of July, 2008. ATTEST: Y�- MA UELA GIRON, Cit Clerk Name: Leonis C. Malburg Title: Mayor - 3 - STATE OF CALIFORNIA ) ss 2 COUNTY OF LOS ANGELES ) 3 4 I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby 5 certify that the foregoing Resolution, being Resolution No. 9657, was 6 duly adopted by the City Council of the City of Vernon at a regular 7 meeting of the City Council duly held on Monday, July 7, 2008, and 8 thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of 9 Vernon. 10 11 MANUELA GIRON, City Clerk 12 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 4 - This page is part of your document - DO NOT DISCARD - L V V - I II II IIIII IIIIIIIII -IIII IIII IIIIIIII I IIIII IIII IIII IIII III Recorded/Filed in Official Records Fee: 22.00 Recorder's Office, Los Angeles County, California Tax: 0.00 08/12/08 AT 08:OOAM Other: 0.00 Total: 22.00 Title Company TITLE(5) IIIaIIIII�kllull Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. Number of AIN's Shown Ea790 THIS FORM IS NOT TO BE DUPLICATED - RECORDING REQUESTED BY, AND WHEN RECORDED; MAIL TO: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attn: Jeff A. Harrison, City Attorney h,�Wut � k,�p af��7 hhlo�s IN 11hWI0Y1YI1YIIMYY11iYI11m 20081445184 ABANDONMENT OF EASEMENT DOCUMENTARY TRANSFER TAX IS NONE — NOT REQUIRED SEC. 11922 REVENUE TAXATION CODE. Braulio Sanchez and Alicia Sanchez, husband and wife, as joint tenants with right of survivorship (collectively, "Easement Holders"), hereby forever relinquish and quitclaim to the City of Vernon, as the owner of that certain real property located at 5119 District Blvd., Vernon, California;- and more particularly described in Exhibit A attached hereto and by this reference made a part hereof, all right, title and interest that Easement Holders may have in that certain Grant of Easement and Maintenance Agreement Grant recorded November 18, 1998 as Instrument No. 98-2108534 in the Official Records of Los Angeles County, California (the "Easement Grant"), including, without limitation, any rights to Buyer's Access Easement as such term is defined in the Easement Grant, which includes all non-exclusive and exclusive easements for ingress and egress (the "Easement Rights"). The Easement Rights are hereby forever relinquished and abandoned and the Easement Grant is hereby forever terminated and is of no further force and effect. Executed as of this 64 day of &649- , 2008. Braulio Sanchez Alicia Sanchez *** NOTARY ACKNOWLEDGMENTS ON NEXT PAGE *** 2 0 01910/0013 174810.1 ORDER NO. 6013276-62 EXHIBIT "A" (LEGAL DESCRIPTION) PARCELI: LOTS 3 THROUGH 8 INCLUSIVE OF TRACT NO. 7923, IN THE CITY OF VERNON, COUNTY. OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 113 PAGES 80 TO 83 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT FROM LOTS 6 TO 8 INCLUSIVE, ALL OIL, GAS AND OTHER PETROLEUM OR MINERAL SUBSTANCES CONTAINED IN SAID LAND, BUT WITHOUT RIGHT OF SURFACE ENTRY, AS RESERVED BY CHANSLOR-CAN FIELD MIDWAY OIL COMPANY, IN DEED RECORDED DECEMBER 24, 1943 IN BOOK 20565 PAGE 1 ET SEQ., OF OFFICIAL RECORDS. PARCEL 2: LOTS 9 THROUGH 17 INCLUSIVE OF TRACT NO. 7923, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 113 PAGES 80 THROUGH 83 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT FROM SAID LAND ALL OIL, GAS AND OTHER PETROLEUM OR MINERAL SUBSTANCES CONTAINED IN SAID LAND, BUT WITHOUT RIGHT OF SURFACE ENTRY, AS RESERVED BY CHANSLOR- CANFIELD MIDWAY OIL COMPANY, IN DEED RECORDED DECEMBER 24, 1943 IN BOOK 20565 PAGE 1 ET SEQ. OF OFFICIAL RECORDS. PARCEL 3: LOTS 45 TO 56 INCLUSIVE OF TRACT NO, 7923, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 113 PAGES 80 TO 83 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 4: LOTS 57 TO 67, INCLUSIVE OF TRACT NO. 7923, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 113 PAGES 80 TO 83 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 2 ORDER NO. 6013276-62 PARCEL 5: THAT PORTION OF RANCHO SAN ANTONIO, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF PASADENA AVENUE (NOW ATLANTIC BOULEVARD) 60 FEET WIDE AS DESCRIBED IN THE DEED TO SAID COUNTY RECORDED IN BOOK 1086 PAGE 9, OFFICIAL RECORDS OF SAID COUNTY DISTANT THEREON NORTH 330 19' 45" EAST 50.04 FEET FROM THE MOST NORTHERLY CORNER OF TRACT NO. 5952 AS PER MAP RECORDED IN BOOK 64 PAGE 11 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE FROM SAID POINT OF BEGINNING NORTH 330 19' 45" EAST 156 FEET ALONG THE EASTERLY LINE OF SAID AVENUE; THENCE SOUTH 54° 27' 15" EAST 122.62 FEET; THENCE SOUTH 33° 19' 45" WEST 156 FEET; THENCE NORTH 540 27' 15" WEST 122.62 FEET TO THE POINT OF BEGINNING. PARCEL 6: THAT PORTION OF THE RANCHO SAN ANTONIO, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF PASADENA AVENUE, NOW ATLANTIC AVENUE, AS DEDICATED TO SAID COUNTY, RECORDED IN BOOK. 1086 PAGE 9, OFFICIAL RECORDS, DISTANT THEREON NORTH 330 19' 45" EAST 206.04 FEET FROM THE MOST NORTHERLY CORNER OF TRACT NO. 5952, AS SHOWN ON MAP RECORDED IN BOOK 64 PAGE 11 OF MAPS; THENCE FROM SAID POINT OF BEGINNING NORTH 330 19' 45" EAST ALONG THE EASTERLY LINE OF SAID AVENUE, 50.68 FEET; THENCE SOUTH 820 47' IS" EAST 136.46 FEET; THENCE SOUTH 33° 19' 45" WEST 115.49 FEET; THENCE NORTH 540 27' 15" WEST 122.62 FEET TO THE POINT OF BEGINNING. CALIFORNIA ALL-PUR•ACKNOWLEDGMENT .�C,�q,��,�_-, �-'t S-��s�>�_-�-'.v �!�e,--tip,•,r�.�4�4�-�.'S��s�-'�.•;:�S,�t;'�S �s���� 5,��,.� As���',T��S!.�q,_c��,c�:;:�.�---�_'S • t� �.s�� .• .• �a::�:,�Ssr=� State of • Countyof • •- • 41 • k emei &�l ■. • 1� Here Ins.ri• personally appeared fWWUFA GIRON _ 90my Commission #t 1611388 Notary Public - CaliforniaLos Angeles County Comm. Expires Nov 4, 2009 who proved to me on the basis of satisfactory evidence to be the person(a) whose name(s) is/ar-e subscribed to the within instrument and acknowledged to me that he/sheA#ey executed the same in his/ ek authorized capacity(1e6), and that by his/hogtheir signature(&) on the instrument the person(s), 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 m hand and official seal. Signature Place Notary Seal Above Sign - le of ._otary 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 Title or Type of Document: Document Date: _ 9/ 7 ( 0 Signer(s) Other Than Named Above: M Number of Pages: 3 Capacity(ies) Claimed by Signer(s) �� Signer's Name: >%��r�� Signer's Name: l Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact - - ❑ Attorney in Fact • ow, Wn ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here I't ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: ;!. Signer Is Representing: Signer Is Representing: 14 114 !,a tp I;?? 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 q1 If' tgni. 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Ong before me, Date / , �'' Here Insert Name and Title of the personally appeared / ��f �[ �`lCI'le -- MANUELA GIRON Commission # 1611388 Notary Public - California Los Angeles County 1 My Comm. Expires Nov 4, 2009? Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(a) whose name(-s• is/aye subscribed to the within instrument and acknowledged to me that -be/she/they executed the same in 4*/her/their authorized capacity(ios), and that by,17+is/her/their signature(&) on the instrument the person(a), 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 m hand and official seal. Signature Signat of N tary 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 Title or Type of Document: Document Date: Signer(s) Other Than Named Above: p_&_ 6�se /',v7 Number of Pages: 3 Capacity(ies) Claimed by Signer(s) ' f 11 Che 21— Signer's Name: !� Signer's Name: Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General _ _ ❑ Partner — ❑ Limited ❑ General _ ❑ Attorney in Fact '. ❑ Attorney in Fact '. ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827