Resolution No. 2010-028RESOLUTION NO. 2010-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN EASEMENT AGREEMENT GRANTING OWENS-BROCKWAY GLASS
CONTAINER INC. AN EASEMENT IN CONNECTION WITH
PROPERTY LOCATED ON OR ABOUT 50TH STREET AND SOTO
STREET IN THE CITY OF VERNON AND APPROVING AND
AUTHORIZING THE RELEASE TO OWENS-BROCKWAY GLASS
CONTAINER INC. OF HOLDBACK FUNDS FROM ESCROW. IN
CONNECTION WITH THE PURCHASE OF THE SAME PROPERTY
WHEREAS, on March.23, 2009, the City Council of the City of
Vernon adopted Resolution No. 9897 approving the purchase of
approximately 116,145 square feet of industrial land located at the
southeast corner of 50th Street and Soto Street in the City of Vernon
(the "City Parcel") from Owens -Brockway Glass Container Inc. ("Owens
Brockway"); and
WHEREAS, as a condition of the sale, the sum of $500,000.00
was to be held back from the purchase price and retained in escrow for
Owens -Brockway to complete the demolition of all structures and
environmental remediation of the City Parcel (the "Holdback Funds");
and
WHEREAS, the demolition work has been completed and a
Certificate of Closure issued by the City's Environmental Health
Department; and
WHEREAS, Owens -Brockway is the owner of certain real
property located east of the City Parcel and south of 50th Street in
the City of Vernon ("Owens -Brockway Parcel"); and
WHEREAS, during the demolition work, it was discovered that
a portion of the foundation supporting an electrical tower on the
Owens -Brockway Parcel extended into the City Parcel and a portion of
the Owens -Brockway Parcel fire line serving the property was required
to be capped; and
WHEREAS, Owens -Brockway has requested an easement to
maintain the existing electrical tower` foundation and a capped fire
protection line within a portion of the City Parcel; and
WHEREAS, the requested easement is already in a no -build
easement area that benefits Owens -Brockway; and
WHEREAS, Owens -Brockway has also agreed that if the
electrical tower can be removed in the future, that it will remove the
electrical tower foundation and the capped fire protection line at its
cost; and
WHEREAS, by Staff Report dated February 9, 2010, the
Director of Community Services & Water has recommended the execution
of an Easement Agreement regarding the electrical tower foundation and
the capped fire protection line, and the execution of escrow
instructions authorizing the release of the Holdback Funds currently
being held in escrow.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION l: The City Council of the City of Vernon does
hereby find and determine that the recitals contained hereinabove are
true and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Easement Agreement with Owens -Brockway (the "Agreement"),
a copy of which is attached hereto as Exhibit A.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem to execute the Agreement for,
- 2 -
and on behalf of, the City of Vernon and the City Clerk, or Deputy
City Clerk, is hereby authorized to attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
approves the release of the Holdback Funds and authorizes the City
Administrator, or his designee, to execute the escrow instructions
releasing the Holdback Funds and to take whatever action is deemed
necessary or desirable for the purpose of implementing and carrying
out the purposes of this Resolution and the transactions herein
approved or authorized.
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or her designee, to send one fully executed
Agreement for recording with the Los Angeles County Recorder's Office
to.
Tina DeBow, Senior Advisory Escrow Officer
North American Title Company
101 N. Brand Blvd., Suite 1800
Glendale, CA 91203
Escrow No. 233571-TD
SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of
Resolutions of the Council of this City.
APPROVED AND ADOPTED this 22nd-day of February, 2010.
Name: Hilario Gonzales
ATTEST:
MANUELA GIRON, tity Clerk
Title: Mayor /
- 3
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. 2010-28,
was duly passed, approved and adopted by the City Council of the City
of Vernon at a regular meeting of the City Council duly held on Monday,
February 22, 2010, and thereafter was duly signed by the Mayor or Mayor
Pro-Tem of the City of Vernon.
Executed this�r� day of February, 2010, at Vernon, California.
MANUELA GIRON, City Clerk
(SEAL)
- 4 -
EXHIBIT A
Recording requested by:
North American Title Company
When recorded mail to:
Owens -Brockway Glass Container Inc.
One Michael Owens Way
Perrysburg; Ohio 43551
Attn: Global Real Estate Department
Order No. 6022816-62
Escrow No. 233.571-TD
THE SPACE ABOVE IS FOR RECORDER'S USE
TITLES) OF DOCUMENT
EASEMENT AGREEMENT
"This document has been signed and executed hi counterparts, each of which shall be deemed an original and
together shall constitute a single instrument"
Portion of Assessors Identification Number (AIN): 6303-029-15
RECORDING REQUESTED BY
and
WHEN RECORDED MAIL TO
AND MAIL TAX STATEMENTS TO:
Owens -Brockway Glass Container Inc.
One Michael Owens Way
Perrysburg, Ohio 43551
Attn: Global Real Estate Department
'THE SPACE ABOVE IS FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX IS NONE — VALUE AND CONSIDERATION LESS
THAN $100,00
EASEMENT AGREEMENT
i
I
This Easement Agreement (the "Agreement") is entered into this day of
2010, by and among the City of Vernon, a California municipal corporation
("City") and Owens -Brockway Glass Container Inc., a Delaware corporation ("OI" ).
RECITALS:
A. The City is the owner of certain real property located at the southeast corner of
500' Street and Soto Street in the City of Vernon, County of Los Angeles, State of 'California,
legally described on Exhibit A-1 and depicted on Exhibit A-2, each of which is attached hereto
and incorporated herein (the "City Parcel").
B. The City acquired title to the City Parcel from DI by Grant Deed recorded in the
Official Records of the County of Los Angeles, State of California.
C. OI is the owner of certain real property located east of the City Parcel and south of
50t" Street in the City of Vernon, County of Los Angeles, State of California legally described on
Exhibit B-1 and depicted on Exhibit B-2, each of which is attached hereto and incorporated
herein (the "01 Parcel").
D. OI desires to obtain a new non-exclusive easement to maintain existing
foundations and ,a capped fire protection line within a portion of the City Parcel which is legally,
described on Exhibit C-1 and is shown on the drawing on Exhibit C-2 attached hereto (the
"Foundation Easement Area").
E. -The City is willing to grant and convey to OI, and its successors and assigns, for
the benefit of the OI Parcel a non-exclusive easement providing for the maintenance of existing
foundations and a capped fire protection line within the Foundation Easement Area upon and in
accordance with terms and conditions contained herein:
ARTICLE 1
EASEMENT
1.01 Grant of Foundation Easement. Upon and subject to the terms hereof, the City,
for itself and all its successors and assigns, hereby grants and conveys to'OI, and its successors
and assigns, for the benefit of the OI Parcel, an appurtenant, perpetual and non-exclusive
easement for the use, operation, access, maintenance and repair of the existing foundation and
capped fire protection line on, in, under, and across the Foundation Easement Area located on the
City Parcel ("Foundation Easement"). Notwithstanding the foregoing, if in: the reasonable
judgment of OI, the existing foundation in the Foundation Easement is no longer needed, then
OI, at its cost, shall remove the foundation and the fire protection line from the Foundation
Easement Area, and the Foundation Easement shall thereupon cease and terminate.
ARTICLE 2
USE OF EASEMENT
2.01 Use of Easement. The City agrees, on behalf of itself and its successors and
assigns that; (a) the City shall not use, or permit any other party to use, the Foundation Easement
Area in any way that violates the terms of this Agreement and (b) the City shall not construct or
install any building, structure, fence, foundation, utility or other improvement on, over, in, under,
or across the Foundation Easement Area ("Prohibited Improvement").
2.02 Repair, Replacement and Restoration. OI agrees, on behalf of itself and its
successors and assigns, and at its or their sole cost and expense, to repair and replace any damage
to. the Foundation Easement Area caused by Ol, its agents, employees, contractors, or
subcontractors in the exercise of its or their rights under this Agreement and to restore the same
to their condition prior to the damage; provided that such obligation shall not apply to any
Prohibited Improvement. All such repair, replacement, and restoration performed by or on behalf
of OI hereunder (a) shall be commenced within a reasonable time after the need for such arises,
(b) shall be prosecuted with all due diligence and dispatch, (c) shall be carried on in such a
manner that will not interfere with the City's use and enjoyment of the remainder of the City
Parcel (excluding the Foundation Easement Area), and (d) shall be performed in a good and
workmanlike manner, in full compliance with all building codes and other applicable laws and
governmental rules and regulations. Except as may be specifically provided herein, the City in
no way assumes, nor shall the City have any obligation or responsibility whatsoever for, the
maintenance, repair, or replacement of the Foundation Easement Area or for the uses set forth in
Article I except as provided herein.
2
2.03, _ Liens. OI shall not permit to exist or otherwise to be enforced against any portion
of the Foundation Easement Area, any mechanics', materialmen's, contractors' or other liens
(collectively, the "Liens") arising out of the acts or omissions of OI hereunder. 01 hereby
indemnifies and agrees to hold the City free and harmless from all liability for any and all such
Liens, together with all costs and expenses, including, but not limited to attorneys' fees and
court costs reasonably incurred by the City in connection therewith. If any such Liens shall at
any time be recorded against the Foundation Easement Area or any portion thereof as a result of
the foregoing, and 01 shall fail, within thirty (30) days after such recording, to either (i) pay and
discharge the underlying claim and cause alien release to be recorded or (ii) furnish to the City a
surety bond or other security reasonably satisfactory to the City protecting the City against
liability for such Lien and holding the affected property free from the effect of such Lien, then
the City may, but shall not be obligated to, take such action or pay such amounts as may be
necessary to remove such Lien, and Ol shall immediately pay the City the amount so expended
by the City, together with interest thereon at a rate of ten percent (10%) per annum accruing from
the date of such payment by the City until paid in full by 01.
2.04 Condition. 01 accepts the Foundation Easement Area in its "AS IS" condition.
The City makes no representation or warranty as to the condition of the Foundation Easement
Area and has no obligation to maintain the Foundation Easement Area. Except to the extent
caused by the negligence or willful misconduct of the City or its <elected officials, staff,
employees, agents, successors, assigns, and representatives (collectively, and including the City,
the "City Parties"), OI hereby agrees that the City Parties shall not be liable for, and are hereby
released from any responsibility for, any damage to property or injury to persons sustained by 01
or its successors or assigns, or any of its or their agents, representatives, employees, tenants,
customers, guests, licensees or invitees (collectively, and including -01, the "OI Parties")
resulting from the use or loss of use of the Foundation Easement Area,
2.05 Limitation of Liability. No City Party shall be liable to any 0I Party, and no OI
Party shall be liable to any City Party, and neither the City Parties nor the OI Parties shall be
liable to any third party for any lost revenue, lost profits, loss of technology, rights or services,
incidental, punitive, indirect or consequential damages, loss of data, or interruption or loss of use
of service, even if advised of the possibility of such damages, whether under theory of contract,
tort (including negligence), strict liability or otherwise in connection with or arising out of or
related to the existence, use. or loss of use of the Foundation Easement Area. The terms of this
Section. 2.05 shall prevail in the event of any conflict with any other provision of this Agreement.
ARTICLE 3
MISCELLANEOUS PROVISIONS
3.01 Indemnification of the City. 01, for itself and its successors and assigns, hereby
agrees to indemnify, defend, and hold harmless the City Parties from and against any and all
liabilities, obligations, injuries, losses, damages, liens, expenses. (including, but not limited to,
reasonable attorneys' fees and court costs, and costs of experts and witnesses), claims, demands,
3
actions, or causes of action of whatever kind or nature caused by or arising out of or in
connection with any loss or damage to property or injury or death to persons arising out of or
resulting from (a) the acts or omissions of OI on or about the Foundation Easement Area in
connection with the exercise of any rights under this Agreement by 0I; or (b) OI's breach of any
agreement, covenant, or condition contained herein; except in each instance to the extent caused
by or arising out of the negligence or willful misconduct of the City Parties. The obligation to
indemnify hereunder shall 'include the obligation to defend the City Parties with counsel
reasonably acceptable to the City, and to provide such defense without first requiring the City to
undertake its defense or expend funds. The indemnity set forth herein shall survive the
termination of this Agreement and shall be binding upon 01, its successors and assigns.
3.02 Insurance. At OI's expense; OI shall maintain a policy or policies of liability
insurance covering OI's use of the Foundation Easement Area in an amount of at least Two
Million Dollars ($2,000,000) for each occurrence, with deductibles of no more than Fifty
Thousand Dollars ($50,000) for each occurrence, and naming the City as an additional insured.
From time to time, but not less frequently than once per year, OI shall provide the City with
evidence reasonably satisfactory to the City that OI has the insurance coverage required by this
Section 3.02 and that the City is an additional insured thereunder. Notwithstanding any
provision of this Section 3.02 to the contrary, OI and its corporate affiliates shall be permitted to
self -insure the coverage required by this section, and such other successors and assigns of OI
shall also be permitted to self -insure with the prior written consent of the City first obtained
(which consent shall not be unreasonably withheld or delayed):
3.03 Injunctive Relief. In addition to other rights and remedies hereunder or at law or
in equity, and without limitation of any of the foregoing, each of the parties hereto shall be
entitled to enjoin any breach or threatened breach by any other party hereto of any covenant,
agreement, term, provision, or condition hereof
3.04 Binding Nature. This Agreement, and all of the terms and conditions contained
herein, shall bind the parties hereto and their respective successors and assigns, and shall be
deemed to run with the land and bind and inure to the benefit of the City Parcel, the OI Parcel
and the Foundation Easement Area, and all respective appurtenances thereto.
3.05 Severability. This Agreement is intended to be performed in accordance with, and
only to the extent permitted by, applicable law. If any provision of this Agreement, or the
application thereto to any party or circumstance shall, for any reason and to any extent, be
invalid or unenforceable, such provision shall to that extent be omitted, and the remainder of this
Agreement and the application of such provision to other persons or circumstances shall not be
affected thereby, but rather shall be enforced to the maximum extent permitted by law.
3.06 Relationship of the Parties. Nothing contained herein shall be deemed or
construed by the parties hereto, or by any third party, as creating the relationship of principal and
agent or of partnership or of joint venture between the parties hereto, it being understood and
agreed that no provision contained herein, nor any acts of the parties hereto, shall be deemed to
create any relationship between the parties hereto other than the relationship of easement grantor
4
3.07 Captions. The captions in this Agreement are for convenience only and shall not
be deemed to be a part hereof.
3.08 Exhibits. Exhibits A-1 and A-2, B-1 and'B-2 and C-1 and C-2 are incorporated
herein by reference.
3.09 Attorneys' Fees. If the City or OI brings any legal proceeding in connection with
or arising out of this Agreement, or to interpret or enforce any of the terms, covenants or
conditions hereof, the unsuccessful party in such proceeding shall pay the prevailing party's costs
and expenses, including reasonable attorneys' fees, incurred in the bringing or defending of such
proceeding.
3.10 Amendment. This Agreement may not be modified or amended except by a
written agreement duly executed by the parties hereto or by their respective successorsor
assigns, as the case may be.
3.11 Recording. This Agreement shall be executed in recordable form and either party
shall have the right to record, at its expense, this Agreement among the Official Records of the
County of Los Angeles, State of California.
3.12 Interpretation This Agreement shall be construed in accordance with and
governed by the laws of the State of California. Each party has participated in negotiating and
drafting this Agreement, so if an ambiguity or a question of intent or interpretation arises, this
Agreement is to be construed as if the parties had drafted it jointly, as opposed to being
construed against a party because it was responsible for drafting one or more provisions of this
Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURES ON NEXT PAGE
5
The parties have executed this Agreement on the date set forth below their signatures.
CITY OF VERNON
By:
Hilario Gonzales, Mayor
Approved As to Form:
By:
Laurence Wiener, City Attorney
Date:
OWENS-BROCKWAY GLASS
CONTAINER INC.
By:
Its:
Date:
ATTEST:
By:
Manuela'Giron, City Clerk
6
I
STATE OF OHIO
SS:
COUNTY OF WOOD )
The foregoing instrument was acknowledged before me this day of ,
2010, by , the of Owens -Brockway
Glass Container Inc., a Delaware corporation, on behalf of the corporation.
I
Notary Public
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
ON , 20 BEFORE ME,
A NOTARY
PUBLIC, PERSONALLY APPEARED
WHO 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 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 Signature)
(NOTARY SEAL)
PADOM10111\10111 96020 05AAGME569601DOC
7
EXHIBIT v'A.I v,
CITY PARCEL
Legal Deep iption
THAT PORTION OF LOT 30, OF THE 500 ACRE TRACT OF THE LOS ANGFLES FRUIT LAND
ASSOCIATION, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF-CALIFORNIA, AS
PER MAP:RECORDED IN BOOK 3, PAGES 156 AND 157 OF MISCELLANEOUS RECORDS, AND
ALSO BEING A`PORTION OF PARCEL 2 AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 191,
PAGE 20 OF RECORDS OF SURVEY, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, WITHIN THE FOLLOWING DESCRIBED PARCEL OF LAND:
COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 2, AS SHOWN ON SAID
RECORD OF SURVEY, THENCE, NORTH 00'07'12" WEST, 14.00 FEET ALONG THE WEST LINE OF
SAID PARCEL 2 TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE, SOUTH
89'58'55" EAST, 83.55 FEET; THENCE, NORTH 0'01'05" EAST, 14.33 FEET; THENCE,_SOUTH
89°58'55" FAST, 29.19 FEET; THENCE, NORTH 0*01'05" EAST, 16.94 FEET; THENCE, SOUTH
89'58'55" EAST, 60.67 FEET; THENCE, SOUTH 0'01'05" WEST, 9.27 FEET; THENCE, SOUTH
89'58'55" EAST, 82.30 FEET; THENCE, SOUTH 0'01'05" WEST,16.00 FEET; THENCE, SOUTH
89'58'55".EAST, 184,38 FEET; THENCE, NORTH 0°07'12" WEST, 2,69 FEET; THENCE, SOUTH
89'58'55" EAST, 11,00 FEET; THENCE, NORTH 00'07'12" WEST,116.73 FEET PARALLEL WITH
THE WEST LINE OF SAID PARCEL 2; THENCE, EAST, 34.40 FEET; THENCE, NORTH OW0712
WEST,161.15 FEET PARALLEL WITH THE WEST LINE OF SAID PARCEL 2, TO A POINT ON THE
NORTH LINE OF SAID PARCEL 2; THENCE, WEST, 415.47 FEET ALONG THE NORTH LINE OF
SAID PARCEL 2 TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY,
HAVING A RADIUS OF moo FEET; THENCE, SOUTHWESTERLY ALONG SAID CURVE, THROUGH
A CENTRALANGLE OF 90'07'12", AN ARC LENGTH OF 31,46 FEET TO A POINT ON THE WEST
LINE OF SAID PARCEL 2; THENCE, SOUTH 00'07'12" EAST, 266.39 FEET ALONG SAID WEST LINE
TO THE TRUE POINT OF BEGINNING.
Prepared by:
G
Douglas Boy iton, PL84787 „ ODUOLk3 A. BOYNTdN °�
Dulin and Boynton * EXP. So 8EP 10
729 B. Willow Streot
Signal 14ill, CA 90755
(562) 426-6464 OF LZ4
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EXHIBIT "A-2r,
CITY PARCEL
Sketch to A000mpany Legal Description
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NOTE51
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9
EXHIBIT rr B-ln
O-I PARCEL
Legal Description
THOSE PORTIONS OF LOT 30 AND LOT 31, OF THE 500 ACRE TRACT OF THE LOS ANGELES
FRUIT LAND ASSOCIATION, IN THE CITY OF VERNON/ COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGES' 156 AND 157 OF MISCELLANEOUS
RECORDS ,.AND ALSO BEING A PORTION -OF PARCEL 2 ON RECORD OF SURVEY FILED'.(N BOOK
191, PAGE 20 OF RECORDS OF SURVEY, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 2, AS SHOWN ON SAID RECORD
OF SURVEY, THENCE, NORTH 00-07-12" WEST,14,00 FEET ALONG THE WEST LINE OF SAID
PARCEI, 2; THENCE, SOUTH 89°58'55" EAST, 83.55 FEET; THENCE, NORTH O'01'OS"EAST, 14.33
FEET; THENCE, SOUTH 89°58'55" EAST, 29.19 FEET, THENCE, NORTH 0°01'05" EAST; 16.94'
FEET; THENCE, SOUTH 89°58'55" CAST, 60,67 FEET; THENCE, SOUTH 0°01'05" WEST, 9.27
FEET; THENCE, SOUTH 89'58'55" EAST, 32,30 FEET;'THENCE, SOUTH 0°01'05" WEST; 16.00
FEET; THENCE, SOUTH 89'58'55" EAST, 184.38 FEET; THENCE, NORTH 0"0T12" WEST; 2.68
FEET; THENCE, SOUTH 89°58'55" EAST, 11,00 FEET; THENCE, NORTH 00°07'12" WEST,116:73
FEET PARALLEL WITH THE WEST LINE OF SAID PARCEL 2; THENCE, CAST, 34.40 FEET; THENCE,
NORTH 00"07'12" WEST, 161.15 FEET PARALLEL WITH THE WEST LINE OF SAID PARCEL 2, TO
A POINT ON THE NORTH LINE OF SAID PARCEL 2; THENCE, EAST, 457.72 FEET ALONG SAID
NORTH LINE TO THE NORTHEAST CORNER OF SAID PARCEL 2; THENCE, SOUTH 00*05'06
EAST, 300.71 TO THE SOUTHEAST CORNER OF SAID PARCEL 2; THENCE, NORTH 89'58'55"
WEST, 893.04 FEET ALONG THE SOUTH LINE OF SAID PARCEL 2 TO THE TRUE POINT OF
BEGINNING.
prepared by:
4 LA b s
Douglas Ao nton, pLS4 87 pnuaLAs a, eorfzroN �
* Duiin and Boynton EXP, 30 SEP 10
729)3. Willow Street Na U. 4757
Signal Hill, CA 90755
(562)426.6464 0� CAUti�
10
EXHIBIT `rBM2r"
0-1 PARCEL
Sketch to Aoaompany legal Description
EAST 50th STREET
'T 1981,41' F$T
475.51 —. 457.73 -. 387.70 \
1,
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660.27' 660.27,
FRUITL.AND AVENUE
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Scale 1 "_ 200' Pi I• Q, 152, 221 SR. FT. 3, 455 AG.
NOTE5 ,
PARCEL5 1. 2., 3 AND 4 REPEM TO RECORD OF
5URVEY PILED IN BOOM. 191 PAGE 20 OF RECORO5
Of 5URVEY A3 DOCUMENT NO. OA-2551 149, 6�9 uexb so-
P.I.Q. 15 "PROPERTY IN-QUE5TION" A5 DE5CR16ED IN
EXHIBIT "8-I" o
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EXHIBIT "C-1"
EASEMENT
Legal Description
THAT PORTION OF LOT 30, OF THE 500 ACRE TRACT OF THE LOS ANGELES FRUIT LAND
ASSOCIATION, IN THE CITY.OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS
PER MAP RECORDED IN BOOK 3, PAGES 156 AND 157 OF MISCELLANEOUS RECORDS, AND
ALSO BEING A PORTION OF PARCEL 2 AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 191,
PAGE 20 OF RECORDS OF SURVEY, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, WITHIN THE FOLLOWING DESCRIBED PARCEL OF LAND:
COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 2, AS SHOWN ON SAID
RECORD OF SURVEY, THENCE, NORTH 00°07'12" WEST, 14.00 FEET ALONG THE WEST LINE OF
SAID PARCEL 2 TO THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED
IN EXHIBIT "A-1" OF THAT CERTAIN GRANT DEED RECORDED MAY 18, 2009 AS INSTRUMENT
NO. 09-727742, IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE, EASTERLY
ALONG THE VARIOUS COURSES OF SAID EXHIBIT "A-1", SOUTH 89-58'55" EAST, 83.55 FEET;
THENCE, NORTH 0°01'05" EAST, 14.33 FEET; THENCE, SOUTH 89°58'55" EAST, 29.19 FEET;
THENCE, NORTH 0-01-05" EAST, 16.94 FEET; THENCE, SOUTH 89°58'55" EAST, 60.67 FEET;
THENCE, SOUTH 0°01'05" WEST, 9.27 FEET; THENCE, SOUTH 89°58'55" EAST, 32.30 FEET;
THENCE, SOUTH 0°01'05" WEST, 16.00 FEET; THENCE, SOUTH 89°58'55" EAST, 184.38 FEET;
THENCE, NORTH 0`07'12 WEST, 2.68 FEET TO THE TRUE POINT OF BEGINNING FOR THIS
DESCRIPTION; THENCE, LEAVING THE VARIOUS COURSES OF SAID EXHIBIT "A-1", NORTH 0°
07' 12" WEST, 7.00 FEET; THENCE, SOUTH 89°58'55" EAST, 11.00 FEET TO A POINT ON THE.
EASTERLY LINE OF SAID LAND DESCRIBED IN EXHIBIT "A-1"; THENCE, SOUTHERLY AND
WESTERLY ALONG SAID LAND, SOUTH 0°07'12" EAST, 7.00 FEET; THENCE, NORTH 89`58'55"
WEST, 11.00 FEET TO THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 77 SQUARE FEET, MORE OR LESS
Prepared by:
5v
L �y�/o w{
Douglas Boynton, PLS4787 ~ ooucus A. eorNr
N
Dulin and Boynton * EXP. 30 SEP 10
729 E. Willow Street `J't L.S. 4787
Signal Hill, CA 90755
(562) 426-6464 op —1.1�
12
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Scale I "= 100'
EXHIBIT "C-2"
EASEMENT
Sketch to Accompany Legal Description
EAST 50th STREET
1981.41' EAST
475.51 — —
A=90'07'12"
L=31.46 I DETAIL •� I
�89'S8'5 "E w o I
j N Z j
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I r gj ri a e I
I O �
I 11.00' I
i------------89'58'55'W L11 ------
I
j 1Ba.3e' S89.58'55"E TRUE POINT OF BEGINNING
-------------------------------------------
SOUTHWEST CORNER
O.R. 09- 727742
P.O.C.
SWC PCL 2 - 17' ROW OF LOS ANGELES
JUNCTION RAILWAY
BOOK 191, PAGE 20 BK4752/265 O.R.
RECORDS OF SURVEY
1980.81' N89'58'55"W
FRUITLAND AVENUE
LINE TABLE
LINE
LENGTH
BEARING
Ll
14.00
N00.07' 12'W
L2
83. 55
S89. 58' 55' E
1-3
14. 33
NOO.01'05'E
L4
29. 19
S89'58'55'E
L5
16, 94
N00.01' 05' E
L6
60167
S89.56' 55' E
L7
9, 27
S00.01' O5' W
L8
32�32
S89. 58'S5'E
L9
16. 00
S00.01' O5' W
1-10
2,68
N00.07'12'W
L11
11, 001
S89. 58' 55' E
13
.A _._
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
March 15, 2010 VIA FACSIMILE AND MAIL
Tina DeBow, Senior Advisory Escrow Officer
North American Title Company
101 N. Brand Blvd., Suite 1800
Glendale, CA 91203
Escrow No. 233571-TD
FAX: (818) 936-6845
Re: Owens -Brockway Glass Container, Inc. Amended Escrow Instructions
Dear Ms. DeBow:
Transmitted herewith is a partially executed amended escrow instructions as referenced above;
approved by City Council on February 22, 2010, through Resolution No. 2010-28.
Please ensure that a copy of the fully executed document is returned to the City Clerk's office.
If you have any questions regarding this matter, please call Mr. S. Kevin Wilson, at (323) 583
8811 ext. 245.
Ver ly yours,
WILLARD G. YA rAGCHP
City Clerk
WY:dj
c: Donal O'Callaghan
S. Kevin Wilson
Resolution No. 2010-28
Agreement File No. 10-015
q�kcfusi�vzfy rf
� NORTHCAw,
rTITLE
COMPANY
1.1ke Clockwork Im
Date: 02/17/2010
Re: Portion of 5120 SOUTH SOTO STREET, VERNON, CA 90058
To: North American Title Company - Tina DeBow
101 North Brand Blvd., Suite 1800
Glendale, CA 91203
Office Phone: (818)240-4912
Office Fax: (818)936-6845
Escrow No. 233571-TD
Upon Escrow Holder's receipt of these instructions fully executed by the undersigned parties, Escrow Holder is hereby
authorized and instructed to release the sum of $400,000.00 to the Seller. Seller hands you herewith separate wiring
instructions for use in connection with Escrow Holder's remittance of said funds. Escrow Holder is hereby authorized and
instructed to retain in the holdback account, established upon the close of escrow, the sum of $100,000.00, until such
time as Escrow Holder is handed further written instructions from the parties, that the parties have completed the
recordation of a new easement. Escrow Holder is authorized and instructed to automatically release the remaining
$100,000.00 including the interest earned on the holdback, to the Seller, in like manner,as completed by Escrow Holder,
with the first release referenced above, upon Escrow's receipt of a copy of the recorded Easement, WITHOUT FURTHER
INSTRUCTIONS FROM THE PARTIES, and without Escrow Holder incurring any liability for so doing.
North American Title Company is authorized and instructed to record the Easement document, as referenced above, as an
accomodatoin only, without the benefit of title insurance, and without North American Title Company incurring any
liability for so doing. Escrow Holder is authorized and instructed to deduct the amount of such recording from funds
accruing to the account of the Seller, prior to the final disbursement of the holdback funds.
Upon Escrow Holder's completion of the duties referenced above, this holdback portion of the closed escrow, shall be
completed and Escrow Holder's duties finalized.
All other terms and conditions to remain the same. All parties signing this instruction acknowldge receipt of a copy of
same.
SELLER(S):
OWENS-BROCKWAY GLASS CONTAINER
INC., a Delaware corporation
By: Frank E. Butler, Director, Global
Real Estate
BUYER(S):
City of Vernon, a body corporate and politic
By: Donal O'Callaghan, Ci
Administrator
Gi� Zt7 "1(0 rn '
NORTH 101 North Brand Blvd., Suite 1800
IBA � ��I � Glendale, CA 91203
Office Phone: (818)240-4912
fiTITLE Office Fax: (818)936-6845
COMPANY
Me Clockwork
AMENDED ESCROW INSTRUCTIONS
Date: 02/17/2010 Escrow No. 233571-TD
Re: Portion of 5120 SOUTH SOTO STREET, VERNON, CA 90058
To: North American Title Company - Tina DeBow
Upon Escrow Holder's receipt of these instructions fully executed by the undersigned parties, Escrow Holder is hereby
authorized and instructed to release.the sum of $400,000.00 to the Seller. Seller hands you herewith separate wiring
Instructions for use in connection with Escrow Holder's remittance of said funds. Escrow Holder is hereby authorized and
instructed to retain in the holdback account, established upon the close of escrow, the sum of $100,000.00, until such
time as Escrow Holder is handed further written instructions from the parties, that the parties have completed the
recordation of a new easement. EscrowHolder is authorized and instructed to automatically release the remaining
$100,000.00 including the interest earned on the holdback, to the Seller, in like manner,as completed by Escrow Holder,
with the first release referenced above, upon Escrow's receipt of a copy of the recorded Easement, WITHOUT FURTHER
INSTRUCTIONS FROM THE PARTIES, and without Escrow Holder Incurring any liability for so doing.
North American Title Company is authorized and instructed to record the Easement document, as referenced above, as an
accomodatoin only, without the benefit of title insurance, and without North American Title Company Incurring any
liability for so doing. Escrow Holder is authorized and instructed to deduct the amount of such recording from funds
accruing to the account of the Seller, prior to the final disbursement of the holdback funds.
Upon Escrow Holder's completion of the duties referenced above, this holdback portion of the closed escrow, shall be
completed and Escrow Holder's duties finalized.
All other terms and conditions to remain the same. All parties signing this instruction acknowldge receipt of a copy of
same.
SELLER(S); BUYER(S):
OWENS-BROCKWAY GLASS CONTAINER City of Vernon, a body corporate and politic
INC., a Delaware corporation
By: Donal O'Callaghan, City
By: Frank E. Butler, Director, Global Administrator
Real Estate
03/15/2010 16:39 FAX 323 826 1438 CITY CLERK'S OFFICE R ooi
0 14L&
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, 'Vernon, California 90058
Telephone (323) 583-8811
March 15, 2010 VIA FACSIMILE AND MAIL
Tina DeBow, Senior Advisory Escrow Officer
North American Title Company
101 N. Brand Blvd., Suite 1800
Glendale, CA 91203
Escrow No. 233571-TD
FAX: (818) 936-6845
Re: Owens -Brockway Glass Container, Inc. Amended Escrow Instructions
Dear Ms. DeBow:
Transmitted herewith is a partially executed amended escrow instructions as referenced above,
approved by City Council on February 22, 2010, through Resolution No. 2010-28.
Please ensure that a copy of the fully executed document is returned to the City Clerk's office.
If you have any questions regarding this matter, please call Mr. S. Kevin Wilson, at (323) 583-
8811 ext. 245.
Ver ly yours,
/�j
�/ AA 1 /
03/15/2010 16:27 FAX 323 826 1438 CITY CLERK'S OFFICE Rom
>K TX REPORT m�
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TRANSMISSION OK
TX/RX NO 1088
CONNECTION TEL 718189366845
SUBADDRESS
CONNECTION ID
ST. TIME 03/15 16:26
USAGE T 00'33
PGS. SENT 2
RESULT OK
r 1 i
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
March 15, 2010 VIA FACSIMILE AND MAIL
Tina DeBow, Senior Advisory Escrow Officer
North American Title Company
101 N. Brand Blvd-, Suite 1800
Glendale, CA 91203
Escrow No. 233571-TD
FAX: (818) 936-6845
Re: Owens -Brockway Glass Container, Inc. Amended Escrow Instructions
Dear Ms, DeBow:
Transmitted herewith is a partially executed amended escrow instructions as referenced above,
approved by City Council on February 22, 2010, through resolution No- 2010-28.
Please ensure that a copy of the fully executed document is returned to the City Clerk's office.
If you have any questions regarding this matter, please call Mr, S. Kevin Wilson, at (323) 583-
8811 ext. 245.
7We iuly yours,
�i ii�//" � _ (/.
Tolmasoff, Robin
From: Muro, Evangelina
Sent: Monday, March 15, 2010 11:04 AM
To: Tolmasoff, Robin
Subject: FW: closed file holdback 233571-TD OI/City of Vernon
Importance: High
Attachments: Amend ment-Commercial-Socal.pdf
1
4mendment-Comme
rdal-Socal.pdf...
Robin,
This is the email I was talking about.
Thanks.
-----Original Message -----
From: Tina DeBow [mailto:tdebow@nat.com]
Sent: Wednesday, February 17, 2010 4:14 PM
To: Wilson, Kevin; O'Callaghan, Donal
Cc: Lehr, Judy
Subject: RE: closedfile holdback 233571-TD OI/City of Vernon
Importance: High
Attached are the instructions I spoke with you about today, Kevin.
If the same meets with your approval, please have signed and returned to my attention at
the address appearing below, together with the original Easement document.
Tina DeBow
Senior Advisory Escrow Officer
North American Title Company
101 North Brand Boulevard, Suite 1800
Glendale, CA 91203
Main Number: 818-240-4912
Direct Dial: 818 551-5370
Fax: 818-551-5327
tdebow@nat.com
http://www.nat.com
CONFIDENTIALITY NOTICE
This e-mail message and any attachments contain confidential and/or privileged information
for the sole use of the intended recipient. If you are not the intended recipient, you
may not read, disseminate, distribute or copy this e-mail message or any attachments.
Please notify the sender immediately by reply e-mail if you received this e-mail message
by mistake and delete this e-mail message and any attachments from your system. E-mail
transmission cannot be guaranteed to be secure or error -free as information could be
intercepted, corrupted, lost, destroyed, delayed, incomplete, or contain viruses. The
sender, therefore, does not accept liability for any errors or omissions in the contents
of this e-mail message or any attachments, which arise as a result of e-mail transmission.
If verification is required, please request a hard -copy version.
1
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
March 8, 2010
Tina DeBow, Senior Advisory Escrow Officer
North American Title Company
101 N. Brand Blvd., Suite 1800
Glendale, CA 91203
Escrow No. 233571-TD
Re: Owens -Brockway Glass Container, Inc. Easement Agreement
Dear Ms. DeBow:
Transmitted herewith for recording with the Los Angeles County Recorder's Office is a fully
executed easement agreement as referencedabove, approved by City Council on February 22,
2010, through Resolution No. 2010-28.
Please ensure that the recorded document is returned to the City Clerk's office.
If you have any questions regarding this matter, please call Mr. S. Kevin Wilson, at (323) 583-
8811 ext. 245.
Ver truly yours,
WILLARD G. Y A C
City Clerk
WY:dj
c: Donal O'Callaghan
S. Kevin Wilson
Resolution No. 2010-28
Agreement File No. 10-015
Excfusivefy Industriaf
.Page 1 of 2
Juarez; Debbie
From: Enomoto, Kristen
Sent: Wednesday, March 17, 2010 2:30 PM
To: Juarez, Debbie
Subject: OI Easement Agreement recorded / conformed copy 233571-TD
Attachments: TINA DEBOW 20100317_134430.pdf
Debbie,
Please see attached and add to the appropriate file. Do we have all the originals we should for this file or is the
attached document something that we should receive back as an original?
Thanks.
Kristen
From: Yamaguchi, Willard
Sent: Wednesday, March 17, 2010 2:25 PM
To: Enomoto, Kristen
Subject: FW: OI Easement Agreement recorded / conformed copy 233571-TD
FYI
From: Tina DeBow [mailto:tdebow@nat.com]
Sent: Wednesday, March 17, 2010 1:35 PM
To: Yamaguchi, Willard; Wilson, Kevin
Subject: OI Easement Agreement recorded / conformed copy 233571-TD
Attached is the conformed copy of the OI Easement Agreement with the City of Vernon. Please retain for your
records. We have disbursed all funds, and the file is now completed and will be put in,storage.
If further assistance is needed please advise.
Thank you.
Tina DeBow
Senior Advisory Escrow Officer
North American Title Company
101 North Brand Boulevard, Suite 1800
Glendale, CA 91203
Main Number: 818-240-4912
Direct Dial: 818 551-5370
Fax: 818-551-5327
tdebow@nat.com
http://www.nat.com
3/17/2010
Page 2 of 2
AL
Think Green, Please only print this email when necessary.
CONFIDENTIALITY NOTICE
This e-mail message and any attachments contain confidential and/or privileged information for the sole use of the intended
recipient. If you are not the intended recipient, you may not read, disseminate, distribute or copy this e-mail message or any
attachments. please notify the sender immediately by reply e-mail if you received this e-mail message by mistake and delete this
e-mail message and any attachments from your system. E-mail transmission cannot be guaranteed to be secure or error -free as
information could be intercepted, corrupted, lost, destroyed, delayed, incomplete, or contain viruses. The sender, therefore, does
not accept liability for any errors or omissions in the contents of this e-mail message or any attachments, which arise as a result of
e-mail transmission. If verification is required, please request a hard -copy version.
3/17/2010
MBAR 1 .6 2010
Recording requested by:
North American Title Company
-vv; 4ii.. E �'t.' �t •.� 4 `1i;'E 4�7 i -
When recorded mail to: i ,n'. -•..I .. , ,.,;... .....: ..... .. ... .. •Ir.l /+fit. n,.
Owens -Brockway Glass Container Inc.
One Michael Owens Way
Perrysburg, Ohio 43551
Attn: Global Real Estate Department
Order No. 6022816-62
Escrow No. 233571-TD
THE SPACE ABOVE IS FOR RECORDER'S USE
TITLE(S) OF DOCUMENT
EASEMENT AGREEMENT
"This document has been signed and executed in counterparts, each of which shall be deemed an original and
together shall constitute a single instrument"
Portion of Assessors Identification Number (AIN): 6303-029-15
RECORDING REQUESTED BY
and
WHEN RECORDED MAIL TO
AND MAIL TAX STATEMENTS TO:
Owens -Brockway Glass Container Inc.
One Michael Owens Way
Perrysburg, Ohio 43551
Attn: Global Real Estate Department
THE SPACE ABOVE IS FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX IS NONE — VALUE AND CONSIDERATION LESS
THAN $100.00
EASEMENT AGREEMENT
T is Easement Agreement (the . "Agreement") is entered into this~' day of
i , 2010, by and among the City of Vernon, a California municipal corporation
("City") and Owens -Brockway Glass Container Inc., a Delaware corporation ("01").
RECITALS:
A. The City is the owner of certain real property located at the southeast corner of
SOth Street and Soto Street in the City of Vernon, County of Los Angeles, State of California,
legally described on Exhibit A-1 and depicted on Exhibit A-2, each of which is attached hereto
and incorporated herein (the "City Parcel").
B. The City acquired title to the City Parcel from OI by Grant Deed recorded in the
Official Records of the County of Los Angeles, State of California.
C. OI is the owner of certain real property located east of the City Parcel and south of
SOt" Street in the City of Vernon, County of Los Angeles, State of California legally described on
Exhibit B-1 and depicted on Exhibit B-2, each of which is attached hereto and incorporated
herein (the "OI Parcel").
D. OI desires to obtain a new non-exclusive easement to maintain, existing
foundations and a capped fire protection line within a portion of the City Parcel which is legally
described on Exhibit C-1 and is shown on the drawing on Exhibit C-2 attached hereto (the
"Foundation Easement Area").
E. -The City is -willing to grant and convey to 01, and its successors and assigns, for
the benefit of the OI Parcel a non-exclusive easement providing for the maintenance of existing
foundations and a capped fire protection line within the Foundation Easement Area upon and in
accordance with terms and conditions contained herein.
ARTICLE 1
EASEMENT
1.01 Grant of Foundation Easement. Upon and subject to the terms hereof, the City,
for itself and all its successors and assigns, hereby grants and conveys to 01,. and its successors
and assigns, for the benefit of the Ol Parcel, an appurtenant, perpetual and non-exclusive
easement for the use, operation, access, maintenance and repair of the existing foundation . and
capped fire protection line on, in, under, and across the Foundation Easement Area located on the
City Parcel ("Foundation Easement"). Notwithstanding the foregoing, if in,, the reasonable
judgment of 01, the existing foundation in the Foundation Easement is no longer needed, then
01, at its cost, shall remove the foundation and the fire protection line from the Foundation
Easement Area, and the Foundation Easement shall thereupon cease and terminate.
ARTICLE 2
USE OF EASEMENT
2.01 Use of Easement. The City agrees, on behalf of itself and its successors and
assigns that: (a) the City shall not use, or permit any other party to use, the Foundation Easement
Area in any way that violates the terms of this.Agreement; and (b) the City shall not construct or
install any building, structure, fence, foundation, utility or, other improvement on, over,. in, under,
or across the Foundation Easement Area ("Prohibited Improvement").
2.02 Repair, Replacement and Restoration. Ol agrees, on behalf of itself and its
successors and assigns, and at its or their sole cost and expense, to repair and replace any damage
to. the Foundation Easement Area caused by 01, its agents, employees, contractors, or
subcontractors in the exercise of its or their rights under this Agreement and to restore the same
to their condition prior to the damage; provided that such obligation shall not apply to any
Prohibited Improvement. All such repair, replacement, and restoration performed by�or on behalf
of OI hereunder (a) shall be commenced within'a reasonable time after the need for such arises,
(b) shall be prosecuted with all due diligence and dispatch, (c) shall be 'carried on in such a:
manner that will.not interfere with the City's use and enjoyment of the remainder of the City
Parcel (excluding the Foundation Easement Area), and (d) shall be performed in a good and
workmanlike manner, in full compliance with all building codes and other applicable laws and
governmental rules and regulations. Except as may be specifically provided herein, the City in
no way assumes, nor shall the City have any obligation or responsibility whatsoever for, the
maintenance, repair, or replacement of the Foundation Easement Area or for the uses set forth in
Article I except as provided herein.
2.03 Liens. Of shall not permit to exist or otherwise to be enforced against any portion
of the Foundation Easement Area, any mechanics', materialmen's, contractors' or other liens
(collectively, the "Liens") arising out of the acts or omissions of Of hereunder. OI hereby
indemnifies and agrees to hold the City free and harmless from all liability for any and all such
Liens, together with all costs and expenses, including, but not limited to, attorneys' fees and.
court costs reasonably incurred by the City in connection therewith. If any such Liens shall at
any time be recorded against the Foundation Easement Area or any portion thereof as a result of
the foregoing, and OI shall fail, within thirty (30) days after such recording, to either (i) pay and
discharge the underlying claim and cause a lien release to be recorded or (ii) furnish to the City a
surety bond or other security reasonably satisfactory to the City protecting the City against
liability for such Lien and holding the affected property free from the effect of such Lien, then
the City may, but shall not be obligated to, take such action or pay such amounts as may be
necessary to remove such Lien, and OI shall immediately pay the City the amount so expended
by the City, together with interest thereon at a rate of ten percent (10%) per annun. accruing from
the date of such payment by the City until paid in full by 01.
2.04 Condition. Of accepts the Foundation Easement Area in its "AS IS" condition.
The City makes no representation or warranty as to the condition of the Foundation Easement
Area and has no obligation to maintain the Foundation Easement Area. Except to the extent
caused by the negligence or willful misconduct of the City or its elected officials, staff,
employees, agents, successors, assigns, and representatives (collectively, and including the City,
the "City Parties"), OI hereby agrees that the City Parties shall not be liable for, and are hereby
released from any responsibility for, any damage to property or injury to persons sustained by Of
or its successors or assigns, or any of its or their agents, representatives, employees, tenants,
customers, guests, licensees or invitees (collectively, and including OI, the "OI Parties")
resulting from the use or loss of use of the Foundation Easement Area.
2.05 Limitation of Liability, No City Party shall be liable to any OI Party,' and no Of
Party shall be liable to any City Party, and neither the City Parties nor the OI Parties shall be
liable to any third party for any lost revenue, lost profits, loss of technology, rights or services,.
incidental, punitive, indirect or consequential damages, loss of data, or interruption or loss of use
of service, even if advised of the possibility of such damages, whether under theory of contract,
tort (including negligence), strict liability or otherwise in connection with or arising out of or
related to the existence, use, or loss of use of the Foundation Easement Area. The terms of this
Section 2.05 shall prevail in the event of any conflict with any other provision of this Agreement.
ARTICLE 3
MISCELLANEOUS PROVISIONS
3.01 Indemnification of .the City. OI, for itself and its successors and assigns, hereby
agrees to indemnify, defend, and hold harmless the City Parties from and against any and all
liabilities, obligations, injuries, losses, damages, liens, expenses (including, but not limited to,
reasonable attorneys' fees and court costs, and costs of experts and witnesses), claims, demands,
actions, or causes of action of whatever kind or nature caused by or arising out of or in
connection with any loss or damage to property or injury or death to persons arising out of or,
resulting from (a) the acts or omissions of OI on or about the Foundation. Easement Area in
connection with the exercise of any rights under this Agreement by 01; or (b) OI's breach of any
agreement, covenant, or condition contained herein; except in each instance to the extent caused
by. or arising out of the negligence or willful misconduct of the City Parties. The obligation to
indemnify hereunder shall include the obligation to defend the City Parties with counsel
reasonably acceptable to the City, and to provide such defense without first requiring the City to
undertake its defense or expend funds. The indemnity set forth herein shall survive the
termination of this Agreement and shall be binding upon 01, its successors and assigns.
3.02 Insurance. At OI's expense; OI shall maintain a policy or policies of liability
insurance covering OI's use of the Foundation Easement Area in an amount of at least Two
Million Dollars ($2,000,000) for each occurrence, with deductibles of no more than Fifty
Thousand Dollars ($50,000) for each occurrence, and naming'the City as an additional insured.
From time to time, but not less frequently than once per year, OI shall provide the City with
evidence reasonably satisfactory to the City that OI has the insurance coverage required by this
Section' 3.02 and that the City is an additional insured thereunder. Notwithstanding any
provision of this Section 3.02 to the contrary, OI and its corporate affiliates shall be permitted to
self -insure the coverage required by this section, and such other successors and assigns of OI
shall also be permitted to self -insure with the prior written consent of the City first obtained
(which consent shall not be unreasonably withheld or delayed).
3.03 Injunctive Relief. In addition to other rights and remedies hereunder or at law or
in equity, and without limitation of any of the foregoing, each of the parties hereto shall be
entitled to enjoin any breach'or threatened breach by any other party hereto of any covenant,
agreement, term, provision, or condition hereof.
3.04 Binding Nature. This Agreement, and all of the terms and conditions contained
herein, shall bind the parties hereto and their respective successors and assigns, and, shall be
deemed to run with the land and bind and inure to the benefit of the City Parcel, the OI Parcel
and the Foundation Easement Area, and all respective appurtenances thereto.
3.05 Severability. This Agreement is intended to be performed in accordance with, and
only to the extent permitted by, applicable law. If any provision of this Agreement, or the
application thereto to any party or circumstance shall, for any reason and. to any extent, be
invalid or unenforceable, such provision shall to that extent be omitted, and theremainder of this
Agreement and the application of such provision to other persons or circumstances shall not be
affected thereby, but rather shall be enforced to the maximum extent permitted by law.
3.06 Relationship of the Parties. Nothing contained herein shall be deemed or
construed by the parties hereto, or by any third party, as creating the relationship of principal and
agent or of partnership or of joint venture between the parties hereto, it being understood and
agreed that no provision contained herein, nor any acts of the parties hereto, shall be deemed to
create any relationship between the parties hereto other than the relationship of easement grantor
Ll
and easement grantee.
3.07 Captions, The captions in this Agreement are for convenience only and shall not
be deemed to be a part hereof.
3.08 Exhibits. Exhibits A-1 and A-2, B-1 and B-2 and C-1 and C-2 are incorporated
herein by reference.
3.09 Attorneys' Fees.. If the City or OI brings any legal.proceeding in connection with
or arising out of this Agreement, or to interpret or enforce any of the terms, covenants or
conditions hereof, the unsuccessful party in such proceeding shall pay the prevailing party's costs
and expenses, including reasonable attorneys' fees, incurred in the bringing or defending of such
proceeding.
3.10 Amendment. This Agreement may not be modified or amended except by a
written agreement duly executed by the parties hereto or by their respective successors or
assigns, as the case may be.
3.11 Recording. This Agreement shall be executed in recordable form and either party
shall have the right to record, at its expense, this Agreement among the Official Records of the
County of Los Angeles, State of California.
3.12 Interpretation. This Agreement shall be construed in accordance with and
governed by the laws of the State of California. Each party has participated in negotiating and
drafting this Agreement, so if an ambiguity or a question of intent or interpretation arises, this
Agreement is to be construed as if the parties had drafted it jointly, as opposed to being
construed against a party because it was responsible for drafting one or more provisions of this
Agreement.
REMAINDER. OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURES ON NEXT PAGE
5
The parties .have executed this Agreement on the date set forth. below th.eir. signatures.
CITY OF VERNON
lifflario Clonzalcs, Mayor
,Approved As to Form.,
By:
LWirence Wiener, City Attorney
Date:— _710
01VENS-BROCK Y GLASS,
C ONTAIN 'E'R I
By, q/
Its: Za''e—s"JeJ
pre, S ell+ V,
Date; -3 /to
.5
OWFNIS-BROCKWAY QLASS
CONMAINIBM INC
BT
Y.
A 7'/
Date,
A170,.:
I t cer. i
altu �.
STATE OF 01-110
COUNTY OF WO01)
Tlic foreg 1419, ins ms ac.z>qwledge 'efore this -2L:Aay 0
2010, by f)-
die Owcn,%-Brof*Nvay
on I Containersfm, a Delaware corporatinny, beT.alf -Ile corporation.
Ile
I
SHARI GORSKI
NOTARY PUBLIC, STATE OF OHIO
MyCommlaslonEopirosOB-23-2010
0
STATE OF OHIO
)SS:
COUNTY OF WOOD
The foregoing instrument was aAciumvIedged before me this day of
201.0, by -magn�-1 the of Owens-BrQckway
Glass Conta er Inc., al)d.aware corporation, on'beli2ilfof the cot.aratjon.
'ON
Ohio
)8.j6-201i
.9TATF OF, CAT.TFORMA
COUNTY OF LOS AN GELES
ON 0 BEFORE 3VIE,,
A NOTAkY
PUBLIC, PERSONTALLYAPPEARED
WRO PROVED
TO ME ONNTRE, BASIS OF SATISFACTORY EVIDENCE TO RE TFIE PERSON WHOSE
D iiAME-1,9SUB,SCRJ,l-lj3DTOT'JiB"IAIT-11--fliNINSTRUT,viF,,NT.AND ACKNOWLEDGE T 0
ME 1.1-TAT HE EXECUTED THE SAIVIE INHIS AUTHORIZED CAPACITY, AND THAT
BY FEES SIGNATURE ON THE fN8TR(XW.NT.,THE PERSON, 01tTHE FIMIT,ry UPON
BEHALF OF WHICI-1-ri"IE PERSON ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY ENDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE. OF
CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRITE AND CORRECT.
'WITN RESS NdY IJAND AND OFnCIAL SEAL.
(Notmy Signature)
Fmcbmit I mo
(NOTARY SEAL)
7
EXHIBIT "A.1"
CITE' PARCEL
Legal Dggpri loon.
THAT PORTION OF LOT 30, OF THE S00 ACRE TRACT OF THE LOS ANGELES FRUIT LAND
ASSOCIATION, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF-CALIFORNIA, AS
PER MAP' RECORDED IN HOOK 8, PAGES 156 AND 157 OF MISCELLANEOUS RECORDS, AND'
ALSO BEING A PORTION OF PARCEL 2 AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 191,
PAGE 20 OF RECORDS OF SURVEY, BOTH IN THE -OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, WITHIN THE FOLLOWING DESCRIBED PARCEL OF LAND:
COMMENCINQ AT THE SOUTHWEST CORNER OP SAID PARCEL 2, AS SHOWN ON SAID
RECORD OF SURVEY, THENCE, NORTH 00'07'1.2" WEST, 14.00 FEET ALONG THE WEST LINE OF
SAID PARCEL 2 TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTJON; THENCE, SOUTH
89'58'55" EAST, 83.55 FEET; THENCE, NORTH 0001'05" EAST,14.33 FEET; THENCE,.SOUTH
89'58'55" EAST, 29.19 FEET; THENCE, NORTH O°01'05" FAST,16.94 FEET; THENCE,•SOUTH
89058'55" EAST, 60.67 FEET; THENCE, SOUTH 0'01'05" WEST, 9.27 FEET, THENCE, SOUTH
89-58-55" EAST, 52,30 FEET; THL NCE, SOUTH 0001'05" WEST,16.00 FEET; THENCE, SOUTH
899SB',55"'EAST,.184.38 FEET; THENCE, NORTH 0'07'12" WEST, 2.68 FEET; THENCE, SOUTH
89'58'55" EAST, 11.00 FEET; THENCE, NORTH 00'07'12" WEST,116.73 FEET PARALLEL WITH
THE WEST LINE OF SAID PARCEL 2; THENCE, EAST, 34,40 FEET; THENCE, NORTH 00'07'12"
WEST,1.61.15 FEET PARALLEL WITH THE WEST LINE OF SAID PARCEL?, TO A POINT ON THE
NORTH LINE OF SAID PARCEL 2; THENCE, WEST, 415.47 FEET QLONG'PHE NORTH LINE OF
SAID PARCEL 2 TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY,
HAVING A RADIUS OF 20.00 FEET; THENCE, SOUTHWESTERLY ALONG -SAID CURVIE, THROUGH
A CEN`fRAL ANGLE of 90'07'12", AN ARC LENGTH OF 31.46 FEETTO A POINT ON THE WEST
LINE OF SAID PARCEL 2; THENCE, SOUTH 00'07'12" EAST, 266.39 FEET ALONG SAID WEST LINE
TO THE TRUE POINT OF BEGINNING.
Prepared by: to s
Douglas Boy ton, FL84787 . DDUOLAS A. SOYNTON p
Dub and Boynton * Exp. EO SEP 10
729 E. Willow Stmet ��L8, ,4787 titl
Signal Hill, CA 90755
(562) 426-6464
g
EXHIBIT" "A-2"
CITY PARCEL.
Sketch to Accompany Legal Description
EAST 50th STREET
3a 1981.41,
0
Cf)
• � 1980.81'
iwRUITLAND AVENUE
Scale 1 °= 200' P, I. G1. 116, 145 SO, FT, F. 666 AC,
NOTE5r
PARCELS 1, 2, 3 AND 4 REFER TO RECORD OF
SURVEY FILED IN I300K 19I PAGE 20 OP•RECORD5
OF 5URVEY AS DOCUMENT NO, 04-2581 1.49.
P.I.Q. 15 "PROPERTY IN QUESTION" AS DE5CRIBED IN
EXHIBIT"A-I"
N.A.P, 19 "NOT A FART'
9
N89'�55"41
LINE TABLE
'
LINO
LENGTHI
BEARING
L1
14, 00
NO0'07112-V
83, 5S
S89' S8' S'
-LE
Ll
14.33
N00.O1'OS'E
L4
- 89. 19
S89' 58• SS' C
L5
16.94
N001011051E
L6
60.67
- S89'TO' 95'C
L7
9. E:7
S00. 01' 05' V
LD
39.30
S69' S8' S5'C
L9
1,00
WWIU1'0'
L10
e. 68
N00. 11 W
Lll
1 ,OD
S89.50'BS'C
Lu
D
'W
to
EXHIBIT "13-I rt
0-1-PARCEL
Legal Description
THOSE PORTIONS OF LOT 30 AND LOT 31, OF THE S00 ACRE TRACT OF THE LOS ANGELES
FRUIT LAND ASSOCIATION, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 8, PAGES 156 AND 157 OF MISCELLANEOUS
REOOROS,.AND AtSO BEING A PORTION -OF PARCEL 2 ON RECORD OF SURVEY FILED -IN HOOK
i91, PAGE 20 0P RECORDS OF SURVEY, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 2, AS SHOWN ON SAID RECORD
OF SURVEY, THENCE, NORTH 00-07112" WEST,14.00 FEET ALONG THE WEST LINE OF SAID
PARCEL 2; THENCE, SOUTH 89'58155" EAST, 83,55 FEET; THENCE, NORTH 0'01'05" EAST, 14,93
FEET; THENCE, SOUTH 89'58'55" EAST, 29.19 FEET; THENCE, NORTH 0'01'O5" EAST, 16.94
FEET; THENCE, SOUTH 89-58-55" EAST, 60X7 FEET; THENCE, SOUTH O'OV05" WEST, 9.27
FEET; THENCE, SOUTH 89-58155" EAST, 32.30 FEET;'THENCE, SOUTH 0'01'05" WEST, 16.00
FEET; THENCE, SOUTH 89458'55" EAST, 184.35 FEET, THENCE, NORTH 0'07'12" WEST, 2.68
FEET; THENCE, SOUTH 89*58155" EAST,11.00 FEET; THENCE, NORTH 00'07'1Z" WEST,116,73
FEET PARALLEL WITH THE WEST LINE OF SAID PARCEL 2; THENCE, CAST, 34,40 FEET; THENCE,
NORTH 00'07'12" WEST,161,15 FEET PARALLEL WITH THE WEST LINE OF SAID PARCEL 2, TO
A POINT ON THE NORTH LINE OF SAID PARCEL 2; THENCE, EAST, 457.72 FEET ALONG SAID
NORTH LINE70 THE NORTHEAST CORNER OF SAID PARCEL 2, THENCE, SOUTH 00'05'06"
EAST, 900.71 TO THE SOUTHEAST CORNER OF SAID PARCEL 2; THENCE, NORTH 89'58'55"
WEST, 893.04 FEET ALONG THE SOUTH LINE OF SAID PARCEL 2 TO THE TRUE POINT OF
BEGINNING.
Prepared by:
6�4 A b s
Dougiae Bo ntun, PL84' 8^~ DOUGLAS A. BDYNTON
* W, 30 SEP 10 k
Aulin and Boynton
729 I3. W. Ulow Street A LA 4787
Signal Hill, CA 907S5
(562) 426-6464 k OA
10
7m
w
0
O
to
EXHIBIT "B,2vv
0-1 PARCEL
S etah to Accompany Leaed De�orf flon
EAST 60th STREET
` Taso,gl'
FRUITLAND AVENUE
Scale I "� 200' P, I. Q, 152, 221 SO, FT. 3, 455 AC,
NOTES;
PARCELS 1, 2, 3 AND 4 REFER TO RECORD OF
su Y v
N89$e$5"W
LINE
TABU .
LINE
LENGTH
131EARING
L7
14.001
NOO'D7' 1e'H
LC
83, 50
-0 ' 69' 05'
L3
14.33
N00.Oil OWE
L4
29. 19
S89' S8' 55'E
Ls
16,94
NOD'O'S5 E
L6
D. 6
S89' 59' SS' E
: t7
9. 2,
- . 500. 07' 05' H
- L818,
. 3
809 SS' S5'E
L9.
00
S00' 01' 00'
L1D
88
NOD'07' 12'H,
D
589'S0'D •C
RVE FILED IN BOOt'. 19 I PAGE 20 OF RECOR 5
OF SURVEY A5 DOCUMENT NO, 04.2551 148. .UAN sU
P.I.Q. 15 "PROPERTY IN dUE5TI0N" AS DESCRIBED IN
]EXHIBIT 13-1" a `4
DOVOIAS , NTON
N.A,P. 15 "NOT APART" * U EP 10
yA v G111 4707 h°�
EXHIBIT "Cw1"
EASEMENT
Legal Description
THAT PORTION OF LOT 30, OF THE 500 ACRE TRACT OF THE LOS ANGELES FRUIT LAND .
ASSOCIATION, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS
PER MAP RECORDED IN BOOK 3, PAGES 156 AND 157 OF MISCELLANEOUS RECORDS, AND
.ALSO BEING A PORTION OF PARCEL 2 AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 191,
PAGE 20 OF RECORDS OF SURVEY, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, WITHIN THE -FOLLOWING DESCRIBED PARCEL OF LAND;
COMMENCING ATTHE SOUTHWEST CORNER OF SAID PARCEL 2, AS SHOWN ON SAID
RECORD OF SURVEY, THENCE, NORTH 00°07'12" WEST, 14,00 FEET ALONG THE WEST LINE OF
SAID PARCEL 2 TO THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED
IN EXHIBIT "A-1" OF THAT CERTAIN GRANT DEED RECORDED MAY 18, 2009 AS INSTRUMENT
NO.09-727742, IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE, EASTERLY
ALONG THE VARIOUS COURSES OF SAID EXHIBIT "A-1", SOUTH 89'58'55" EAST, 83.55 FEET;
THENCE, NORTH 0°01'05" EAST, 14.33 FEET; THENCE, SOUTH 89°58155" EAST, 29,19 FEET;
THENCE, NORTH 0°01'05" EAST, 16.94 FEET, THENCE, SOUTH 89"58'55" EAST, 60.67 FEET;
THENCE, SOUTH 0-01-05" WEST, 9.27 FEET; THENCE, SOUTH 89-58155" EAST, 32.30 FEET
THENCE, SOUTH 0"01'05" WEST, 16.00 FEET; THENCE, SOUTH 89°58'55" EAST, 184.38 FEET;
THENCE, NORTH 0°07'12" WEST, 2.68 FEETTO THE TRUE POINT OF BEGINNING FOR THIS
DESCRIPTION; THENCE, LEAVING THE VARIOUS COURSES OF'SAID EXHIBIT "A-1", NORTH 0°.
07' 12" WEST, 7.00 FEET; THENCE, SOUTH 89°58'55" EAST,11.00 FEETTO. A POINT ON THE
EASTERLY LINE OF SAID LAND DESCRIBED IN EXHIBIT "A-1"; THENCE, SOUTHERLY AND
WESTERLY ALONG SAID LAND, SOUTH 0°07'12" EAST, 7.00 FEET; THENCE, NORTH 89°58'55"
WEST, 11.00 FEET TO THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 77 SQUARE FEET, MORE OR LESS,
Propared by;
LAND
Aouglas Boynton, -PL54787�'�� M caucus A. aoYttroN" td
` H
bulinandBoynton * EXP. se SEP to +
729 B. Willow Street NJi LS. 4767
SIgnal Hill, CA 90755
(562) 426-6464 F- 31L1��
12
I
EXHIBIT "C-2"
EASEMENT
Sketch to Accompany Legal Description
EAST 50th STREET
1981,41' EAST
475.51 { -
415.47 WEST
b,BO'0T12"
R=20.00 --� '
I L�3148 III111�1^'__^^DETAIL`____:N I N
r� Z
Q iV I rz
rz /S 6 1 I
(/) 01 N------- o NBB'BB$5'W L11 ��------� _ EAST I
Z
184.38' 889'58'18"E TRUE POINT OF BEGINNING 1 (Z
L---------------------------- _�-_••---••- N
0 1 SOUTHWEST CORNER I Q
co O.R. 09-727742 w
00
III' J 9 8998'S"' J 41^
i0,00' n N
Ia)
SWCCPCL 2 17' ROW OF LOS ANGELES
JK+752/ RAILWAY
BOOK 191, PAGE 20 BK4762/265 O.R.
RECORDS OF SURVEY
1 — — 1980.81' —
N89'58'55"W
ao�a
Scale I "= 100.
FRUITLAND AVENUE
LINE
TABLE
UNEILENGTHI
BEARING
L11
14,001
N00.07' 12'W
L2i
83,39
SB9.as, SS'E
3
00'01'05'E
19SB9.
581591E
4
NDO'DI,05,E7
SB9.98'S5'E
7
E
S00'011051W
0
SB9. as, 55,E
0
soD'D1'DB1W
8
NOO'07'12D
SB9'Sol 591E
13
Juarez, Debbie
From:
Sent:
To:
Cc:
Subject:
Importance:
Attachments:
Tina DeBow [tdebow@nat.com]
Tuesday, March 16, 2010 10:06 AM
Wilson, Kevin; Frank.Butler@o-i.com
Muro, Evangelina; O'Callaghan, Donal; Yamaguchi, Willard; Juarez, Debbie; Tolmasoff, Robin
Copy of confirmation and Inst.# of Easement Agreement re: 233571-TD OI%City of Vernon
High
TINA DEBOW_20100316 095557.pdf
TINA
1 20100316_09555'
Attached is your copy of the document confirmation of recording this date. I
will get a copy from the record in 3-5 days and send it over by email. The original will
go to the address on the attached copy, in the upper left hand corner of the cover page.
I am working on closing out the interest bearing account now, and will deduct the
recording fees from this amount, and wire you the remainder.
I will send you a confirmation of the outgoing money transfer as soon as it is available
this afternoon.
If you require further assistance, please contact me.
It has been a pleasure handling your transactions.
Best regards,
Tina DeBow
Senior Advisory Escrow Officer
North American Title Company
101 North Brand Boulevard, Suite 1800
Glendale, CA 91203
Main Number: 818-240-4912
Direct Dial: 818 551-5370
Fax: 818-551-5327
tdebowCnat.com
http://www.nat.com
-----Original Message ----
From: Tina DeBow
Sent: Tuesday, March 16, 2010 10:56 AM
To: Tina DeBow
Subject: Scanned image from MX-M620N
DEVICE NAME: Sharp MX-M620N
DEVICE MODEL: MX-M620N
LOCATION: Escrow
FILE FORMAT: PDF MMR(G4)
RESOLUTION: 300dpi x 300dpi
Attached file is scanned image in PDF format.
Use Acrobat(R)Reader4.0 or later version, or Adobe(R)Reader(TM) of Adobe Systems
Incorporated to view the document.
Acrobat(R)Reader4.0 or later version, or Adobe(R)Reader(TM) can be downloaded from the
following URL:
1
Adobe, the Adobe logo, Acrobat, the Adobe PDF logo, and Reader are registered trademarks
or trademarks of Adobe Systems Incorporated in the United States and other countries.
http://www.adobe.com/
CONFIDENTIALITY NOTICE
This e-mail message and any attachments contain confidential and/or privileged information
for the sole use of the intended recipient. If you are not the intended recipient, you
may not read, disseminate, distribute or copy this e-mail message or any attachments.
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If verification is required, please request a hard -copy version.
4
LAH
N30
Los Angeles, CA North American Title / So Cal Glendale Phinney
TI 0 2100 S.E. Main Street Suite 450 Irvine, Ca 92614
(949) 419-9400
0001 AO668657
IIIIIIIIIIIIII I IIIIIilllllllllllllll
Send date: 03/1512010 Record date: 03/16/2010 Tvne 8AM Time: Send bv: Bob Phinnev
Order#
Type
Seq.
Rec.Fee
County Tax
City Tax
Instrument Number
1
91402- ACCOM - BP
pp
1
1 54.00
0.00
0.00
10 0354730
2
3
t v
4
5
(�
6
7
8
9
10
11
12
13
14
15
16
17
18
_.
19
20
:a<:: < .;^
1486 Colorado Blvd. Las Angeles, CA 90041
323-344-5448 Fax 323-344-6444
Check #:
Check Amount:
3/16/2010 _ 9:24:05A
r
FF B- 1 6 Z010
CITY CLERK'S OFFICE
STAFF REPORT
APPROVED "'ER 2 '10 CIIN COUNCIL
COMMUNITY SERVICES & WATER DEPARTMENT
DATE: February 9, 2010 c�*.` �o
A-1 TO: Honorable Mayor and City Council ��\
FROM: Samuel Kevin Wilson, Director of Community Services & Water
RE: EASEMENT— OWENS BROCKWAY GLASS CONTAINER, INC.
The City recently purchased a parcel of land located at the southeast corner of 50"' Street and Soto
Street from Owens Brockway Glass Container, Inc. (Owens). As a condition of the sale Owens was responsible
for demolishing all structures on the site.
As part of the Purchase and Sale Agreement five hundred thousand dollars ($500,000) in escrow funds
was to be set aside until all demolition work was completed and Owens was able to obtain a Certificate of
Closure from the Vernon Environmental Health Department regarding the environmental condition of the
property. The demolition work has been completed and the Certificate of Closure has been issued.
During the demolition work it was discovered that a portion of the footing supporting an electrical
tower on the Owens site extended into the property purchased by the City. Additionally, a portion of Owens'
fire line serving its property was required to be capped in this same area. Owens has requested an easement to
maintain these objects in place. The area subject to the easement is 77 square feet. Owens has agreed that if in
the future the electrical tower can be removed, then Owens will remove the foundation and fire line at its cost. It
should be noted that the area subject to this easement is already in a no -build easement area that benefits Owens.
Enclosed herewith is a site plan of the easement area.
It is recommended that the City Council authorize the execution of the easement and that the $500,000
being held in escrow funds be authorized to be released_
SKW/ca
Enclosure
FEB l 0 2010
iy:— g,oa
EXHIBIT "C-2"
EASEMENT
Sketch to Accompany Legal Description
EAST 50th STREET
1981,41' EAST
475.51 — —
6=90'0712' ---- ---
R=310.0 ------------------------
DETAIL
u,00' o
:g/S89'S8'5 'E 4i o
Z I
/ � I
> 0 I
------------ I o_ N89'5855'W L11 -----_
j 184.38' S89'58'55"E TRUE POINT OF BEGINNING
----------------------------------------------
SOUTHWEST CORNER
O.R. 09-727742 /
J
EAST
P.O.C.
SWC) PGL 2 1T ROW OF ANCELES
JUNCTION RAILWAY
BOOK 191, PAGE 20 01<4752/265 O.R.
RECORDS OF SURVEY
1980.81, N89'58'55"W
FRUITLAND AVENUE
EASEMENT AREA
Scale I "= 100'
LINE TABLE
LINE
LENGTH
BEARING
L 1
14.00
N00' 07' 12' V
L2
83,55
S89' S8' S5' E
L3
14. 33
N00' 01' OS' E
L4
29. 19
S89' S8' S5' E
L5
16.94
N00' 01' 05' E
L6
60, 67
S89'50'55'E
L7
9. 27
S00' 01' 05' 4!
L8
32, 30
SB9' S8' S5' E
L9
16, 00
1 S00, 01' 05' 11
L 10
2, 68
N00' 07' 12' 1(
Lill
11,00
S89'58'55'E
DOUGLAS A. BOYNTON
EXP. 30 SEP 10
L.S. 4787 /r
4Of vpD
Glt..011N
sl'ELY INOJ
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
V-6 & E-4
TO: Donal O'Callaghan, City AdministratorC\����
2
10
FROM: Samuel Kevin Wilson, Director of Community Services & Water
DATE: February 9, 2010
SUBJECT: EASEMENT — OWENS BROCKWAY GLASS CONTAINER, INC.
The City recently purchased a parcel of land located at the southeast corner of 5 e Street and Soto
Street from Owens Brockway Glass Container, Inc. (Owens). As a condition of the sale Owens was responsible
for demolishing all structures on the site.
As part of the Purchase and Sale Agreement five hundred thousand dollars ($500,000) in escrow funds
was to be set aside until all demolition work was completed and Owens was able to obtain a Certificate of
Closure from the Vernon Environmental Health Department regarding the environmental condition of the
property. The demolition work has been completed and the Certificate of Closure has been issued.
During the demolition work it was discovered that a portion of the footing supporting an electrical
tower on the Owens site extended into the property purchased by the City. Additionally, a portion of Owens'
fire line serving its property was required to be capped in this same area. Owens has requested an easement to
maintain these objects in place. Owens has agreed that if in the future the electrical tower can be removed, then
Owens will remove the foundation and fire line at its cost. It should be noted that the area subject to this
easement is already in a no -build easement area that benefits Owens.
Enclosed is a Staff Report recommending that the City Council authorize the execution of the easement
and that the $500,000 being held in escrow funds be authorized to be released. Please place this item on the
next City Council agenda. Thank you.
SKW/ca
Enclosures
,C IE IV-
FEB II A 2010