Loading...
HomeMy WebLinkAbout5384 v RESOLUTION NO. 5384 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING A PROPERTY LINE ADJUSTMENT AGREEMENT AND AN ENCROACHMENT AGREEMENT AND PERMIT WHEREAS, the Arcadia Redevelopment Agency ("Agency") and Robert J. Low ("Mr. Low") own adjoining properties in the Rede- 'velopment Project Area in the City of Arcadia, County of Los Angeles as set forth in Exhibit I and included by reference herein; and WHEREAS, there is a dispute between the Agency and Mr. Low as to the record location of the property line separating their respective properties; and WHEREAS, the Agency has prepared two compromise agreements entitled "Property Line Adjustment Agreement", and "Encroachment ... Agreement and Permit", attached hereto as Exhibits II and III res- pectively, and both made a part hereof, which represent a compromise and full resolution of the dispute between the parties, both of which Mr. Robert J. Low has executed; and WHEREAS, subject property line adjustment does not require the provision of roads, drainage, water, sewer or other easements of the delineation of flood or geologic hazard, drainageways, or building restrictions, and is therefore qualified for waiver of parcel map requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the Property Line Adjustment as set forth -1- 5384 in the attached Agreement (ExhibitID is hereby approved. SECTION 2. That the Encroachment Agreement and Permit as set forth in the attached Agreement (Exhibit III) is hereby ap- proved. Passed, ap?roved and adopted this 1st day ~HY of December, 1987. of Arcadia ATTEST: ~~~~~~oadia STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ARCADIA I, CHRISTINE VAN MAANEN, City Clerk of the City of Arcadia, hereby certify that the foregoing Resolution No. 5384 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 1st day of December, 1987, and that said Resolution was adopted by the following vote, to wit: AYES: Councilmember Chandler, Harbicht, Lojeski, Young and GiIb NOES: None ABSENT: None ~~ City Clerk of the City of Arcadia -2- 5384 Property Owned by Robert J. Low (East of Disputed Line) DESCRIPTION: THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLO~S: PARCEL 1: THAT PORTION OF LOT 3 IN BLOCK 8q OF THE SANTA ANITA TRACT IN THE CITY OF ARCADIA. COUNTY OF LOS ANGELES, STATE' OF CALIFORNIA AS PER MAP RECORDED IN BOOK 3Q. PAGES Ql AND 4i OF MISCELLANEOUS RECORDS IN THE OFFICE .OF THE COUNTY RECORDER10F SAID COUNTY DESCRIBED AS FOLLO~S: . . BEGINNING AT THE SOUTHEASTERLY CORNER OF'THE LAND DESCRIBED IN THE DEED TD FLORENCE D. CAD~ALLADER, RECORDED AS DOCUMENT NO. 1051 ON MARCH 19, 1951 IN OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTHERLY ALONG THE EAST LINE OF SAID LAND NORTH 0 i DEGREES 00' 34" ~EST 150.00 FEET TO THE NORTHEAST CORNER OF SAID LAND; THENCE CONTINUING NORTH 0 DEGREES 00' 34" ~EST ON A : PROLONGATION 120.00 FEET ALONG THAT CERTAIN COURSE IN THE - EASTERLY BOUNDARY OF THE LAND DESCRIBED AS PARCEL 1 OF THe DEED TO CADWALLADER PACIFIC CO., RECORDED AS DOCUMENT NO. 2144 ON MAnCH 18, 1952 IN OFFICIAL RECORDS OF SAID COUNTY; THENCE EASTERLY ALONG A LINE PARALLEL WITH AND DISTANT 270 FEET NORTHERLY FROM THE NORTHERLY LINE OF HUNTINGTON DRIVE clooi FEET WIDE>, A DISTANCE OF 214.00 FEET TO A POINT IN THE ~ESTERLY LINE OF THE LAND DESCRIBED IN DEED TO AMY D. PHILLIPS, RECORDED' FEBRUARY 28, 1969 AS DOCUMENT NO. 772, OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTHERLY ALONG SAID WESTERLY LINE TO THE NORTH~ESTERLY CORNER OF THE LAND DESCRIBED IN PARCEL 1 OF THE DEED TO WALTER SAEWERT RECORDED APRIL 28. 1949 AS DOCUMENT NO. 593 IN OFFICIAL RECORDS OF SAID COUi 'Y; THENCE SOUTH 0 DEG~EES 00' 20" ~EST ALONG THE WESTERLY LIN' OF SAID LAND 150.00 FEET TO A POINT IN THE NORTH LINE OF HUNTIN~10N DRIVE, ClOD FEET ~~DE); THENCE NORTH 89 DEGREES 59' 40" YEST ALONG SAID NORTH LINE 225.49 FEET TO THE POINT OF BEGINNING. EXCEPT - THAT PORTION OF LOT 3, BLOCK 84 OF THE SANTA ANITA TRACT, IN THE CITY OF ARCADIA, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 34, PAGES 41 & 42 OF MISCELLANEOUS RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERN LINE OF TRACT NO. 6860 AS RECORDED IN BOOK 78, PAGE 75 OF MAPS, RECORDS OF SAID COUNTY DISTANT THEREON NORTH 0 DEGREES 02 MINUTES 00 SECONDS WEST 270 FEET FROM THE NORTHERLY LINE OF HUNTINGTON DRIVE, 100 FEET WIDE, BEING THE TRUE POINT OF BEGINNING1 THENCE NORTH 0 DEGREES 02 MINUTES 00 SECONDS WEST ALONG SAID EASTERLY LINE TO THE NORTHEAST CORNER OF LOT 24 OF SAID TRACT NO. 68601 THENCE EASTERLY ALONG THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 241 61 FEET 1 THENCE PARALLEL WITH SAID EASTERLY LINE OF TRACT NO. 6860 SOUTH 00 DEGREES 02 MINUTES 00 SECONDS EAST 190 fEET1 THENCE WEST 61 FEET TO THE TRUE POINT OF BEGINNING. Exhibit I m# PARCEL 2: THOSE PORTIONS OF LOTS 3 AND 4, BLOCK eu OF THE ~ANTA ANITA TFACT IN THE CITY OF ARCADIA, AS PER N~P REcnRDEO IN BOOK 34. PAGE 41 OF MISCELLANEOUS RECORDS IN THE OFFICE 0F T~E , COIINTY RECORDER OF SA I D COUNTY. OESCR I 8ED .\S FnLLC\lS: PE'~:T 'i~J P/!; AT A POINT ON THE EASTE~LY LINE OF TRACT NO. 6860 AS ~E~nRnE9 iil "'.o")()K 7,3. PAGE 75 OF MAPS, RE':CR8S OF SAIO Cr'liNT', [lIST".;I. THEREON NORTH <1 DEGREES 00' .1,," IIEST 2".'0 FEET FROM ,HE ~jlJRTHE!/LY LINE OF HUNTINGTON DRIVE, 100 FEET \lIDE; THENCE NORTH 0 DEGR~ES 00' 34" IIEST ALONG SAID EASTERLY LINE TO THE NORTHEAST CORNER OF LI)T 24 OF SAID TRACT NO. 6860: THENCE EASTEPLY AL:jIJG THE C\STERLY PROLONGATIOtl GF THE ~IORn:E?L'( Lll'IE '~'F :)!,[!; '_0; ?11' T'"' .\ poJlia CoN THE SOUTH\lESTE2LY UIIE ':,F THhT'::::~n,'.[N c.T;'~F 'IF U.~Ir. 1<.10 FE::T '.JlcE. D:-:SCRI8ED ~{r~ST :~l r.~RCEL ;'JO. l~' r;~ r:-1F. r!i'J.\~. ORDER OF COIJDEMN"TION tNTE'RED.'rlJ SUPERIOR COURT, LOS ANGELES .' COUNTY, CASE NO. 717171, A CERTI F I ED COPY OF IiHICH IlAS RECORDED IN BOOK Dle08, PAGE 901, OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTHEASTERLY ALONG SAID LAST MENTIONED SOUTHIlESTERLY LINE TO A POINT THAT IS 93.90 FEET NORTHIlESTERLY (MEASURED ALONG LAST MENTIONED SOUTHIlESTERLY LINE) FROM SAID NORTHERLY LINE OF HUNTINGTON DRIVE, 100 FEET IlIDE; THENCE SOUTHEASTERLY'IN k DIRECT LINE TO A POINT ON SAID LAST MENTIONED NORTHERLY LINE DISTANT EASTERLY THEREON 13.70 FEET FROM THE INTERSECTION ~ITH SAID SOUTHIlESTERLY LINE OF THE LAND DESCRIBED IN SAID . HEREINABOVE MENTIONED PARCEL 12: THENCE WESTERLY ALONG SAID NORTHERLY LINE OF SAID HUNTINGTON DRIVE A DISTANCE OF 49.13 FEET MORE OR LESS TO THE INTERSECTION OF THE NORTHERLY LINE OF SAID HUNTINGTON DRIVE AND THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN DEED TO BEN ZERELL ET AL., RECORDED IN BOOK 5~030. PAGE 20, OFFICIAL RECORDS OF SAID COUNTY: THENCE ALONG SAID NORTHEAST LINE NORTH 43 DEGREES ~8' 47" IlEST 207.e7 FEET TO THE SOUTHEAST CORNER OF THE LAND DESCRIBED AS PARCEL 2 IN THAT CERTAIN DEED TO ROBERT J. LOll RECORDED ON JANUARY 13, 1978 AS INSTRUMENT NO. 78-49230, OFFICIAL 'RECORDS OF SAID COUNTY; THENCE ALONG THE NORTHEAST LINE OF SAID PARCEL 2 NORTH 50 DECREES 48' 27" IlEST 209.67 FEET MORE OR LESS TO THE NORTHERLY CORNER OF THE LAND DESCRIBED IN SAID PARCEL 2; THENCE ALONG THE WESTERL~ LINE OF LAST SAID PARCEL, SOUTH 0 DEGREES 00' 20" IlEST TO A LINE \lHICH IS PARALLEL \11TH AND DISTANT 270 FEET NORTHERLY FROM: THE NORTHERLY LINE OF HUNTINGTON DRIVE. 100 FEET IlIDE; THENCE WESTERLY IN A DIRECT LINE TO THE POINT OF BEGINNING. . PARCEL 3: THOSE PORTIONS OF LOTS 3 AND 4, BLOCK 64 OF THE SANTA ANITA TRACT IN THE CITY OF ARCADIA, AS PER MAP RECORDED IN~ BOOK 34, PAGE 41 OF MISCELLANEOUS RECORDS IN THE OFFICE OF THE j COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOIlS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF HUNTINGTON DRIVE 100 FEET IlIDE AS SHOWN ON MAP OF TRACT 13640, RECORDED IN BOOK 289, PAGE 21 OF HAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 'ITH THE NORTHERLY PROLONGATION OF THE CENTER LINE OF THE EXI. 'ING IMPROVEMENTS ON FOURTH AVENUE, AS SAID FOURTH, AVENUE EXTENDS SOUTHERLY FROM SAID HUNTINGTON DRIVE, 'SAID ; INTERSECTION BEING DISTANT ALONG SAID CENTER LINE OF HUNTINGTON ,-')3 M DRIVE, NORTH 89 DEGREES 59' uoq WEST u26.51 FEET FROM THE tENTER LINE OF FIFTH AVENUE 60 FE~T WIDE AS 5HO~N ON SAID MAP OF TRACT NO. 13E~O: THENCE ALorlC SAID CENTER L;nE OF HUNTlNG,ON DRIVE, SOUTH 5Q DEGREES 59' U0" EAST 0.50 OF A FOOT; THENCE NORTH 00 DECREES 00' 20" EAST ~oo FEET TO THE TPUE POINT OF BEGINNING; THEr:CE P~RAL~.El. UITH SArD tJUNT!:IGTON DR[VE, SOUTH 89 DECREES ~9' '10" EAST 1.,:::.50 FEET Tv T!iE NORTHEAST Cr.:!\fIER OF THE LAND : r'''S,~RJ BEL) J:; PARCEL 1 I N THE ['EEl TO IJALTER SAEIIERT, RECORDED APRIL 2B, 1?U9 AS INSTRUMENT NO. 593, IN BOOK 29948, PAGE 373, OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTHWESTERLY IN A DIRECT LINE 209.67 FEET MORE OR LESS TO A POINT DISTANT NORTH 00 DEGREES CO' 20" EAST 1~~.50 FEET ~ROM THE TRUE POINT OF BEGINN!fJG; THE~ICE ~O{J'r~; 00 r[GR~E~ 00' :0" WEST 132.50 FEET TO THE TRttE P'JfNT (jF r:~'CI::fI~;'!G. PARCEL 4: THOSE PORTIONS OF LOTS'3 AhD 4, BLOCK 84 OF THE SANTA ANITA TRACT IN THE CITY OF ARCADIA AS'PER MAP RECORDaD IN BOOK 34, PAGES 41 AND 42 OF MISCELLANEOUS RECORDS IN .~HE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,.'DESGR12ED AS.FO~LOVS: COMMENCING AT THE INTERSECTION OF THE CENnR !..INE'.OF HUNTINGTON DRIVE, 100 FEET VIDE AS SHOVN ON HAP OF TRACT 136~O, BOOK 289, PAGES 21 AND 22 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER WITH THE NORTHERLY PROLONGATION OF THE CENTER L~NE OF THE EXISTING IMPROVEMENTS ON FOURTH AVENUE AS SAID FOURTH.AVEN~E EXTENDS SOUTHERLY FROM SAID HUNTINGTON DRIVE, SAIDINTERSE~TION BEING DISTANT ALONG SAID CENTER LINE OF HUNTINGTON DRIVE, NORTH 89 DEGREES 59' 40" VEST 426.51 FEET FROM THE CENTER LINE OF FIFTH AVENUE 60 FEET VIDE AS SHOWN ON HAP:OF SAID TRACT 13640: THENCE ALONG SAID CENTER LINE OF HUNTINGTON DRIVE, SOUTH 89 DEGREES 59' 40" EAST 0.50 OF A FOOT; THENCE NORTH 0 DEGREES 00' 20" EAST 30.00 FEET TO THE TRUE POINT OF BEGINNING IN THE SOUTHERLY LINE OF SAID LOT 3; TH~NCE CONTINUING NORTH 0 DEGREES 00' 20" EAST 170.00 FEET; THENCE SOUTH 89 DEGREES 58' 40" ~AST 162.50 FEET; THENCE SOUTH 0 DEGREES 00' 20" VEST 170.00 FEET TO THE SOUTHERLY LINES OF SAID LOT 4; THENCE NORTH 89 DEGREES 59' 40" VEST ALONG THE SOUTHERLY LINES OF SAID LOTS 4 AND 3 A DISTANCE OF 162.50 FEET TO THE TRUE POINT OF BEGINNING. /;3~4- Property Owned by Arcadia Redevelopment Agency (West of Disputed Line) THAT PORTION OF LOT 3, BLOCK 84 OF THE SANTA ANITA TRACT, IN THE CITY OF ARCADIA, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 34, PAGES 41 & 42 OF MISCELLANEOUS RECORDS IN THE OFFICE OF THE COUNTY RECORDER 0]' SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERN LINE OF TRACT NO. 6860 AS RECORDED IN BOOK 78, PAGE 75 OF MAPS, RECORDS OF SAID COUNTY DISTANT THEREON NORTH 0 DEGREES 02 MINUTES 00 SECONDS WEST 270 FEET FROM THE NORTHERLY LINE OF HUNTINGTON DRIVE, 100 FEET WIDE, BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 0 DEGREES 02 MINUTES 00 SECONDS WEST ALONG SAID EASTERLY LINE TO THE NORTHEAST CORNER OF LOT 24 OF SAID TRACT NO. 6860; THENCE EASTERLY ALONG THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 24; 61 FEET; THENCE PARALLEL WITH SAID EASTERLY LINE OF TRACT NO. 6860 SOUTH 00 DEGREES 02 MINUTES 00 SECONDS EAST 190 FEET; THENCE WEST 61 FEET TO THE TRUE POINT OF BEGINNING. ~~ PROPERTY LINE ADJUSTMENT AGREEMENT WHEREAS, the Arcadia Redevelopment Agency ("Agency") and Robert J. Low ("Mr. LOW") own adjoining properties in the Rede- velopment Project Area in the City of Arcadia, County of Los Angeles as set forth in Exhibit I and included by reference here- in; and WHEREAS, there is a dispute between the Agency and Mr. Low as to the record location of the property line separating their respective properties; and WHEREAS, the Agency has prepared a compromise agreement "Sketch of a Portion of Lot 3 in Block 84, Santa Anita Tract, M.R. 34.40, and 41", included as Exhibit II and made a part hereof, prepared by Calvin E. Woolsey, L.S. 4467, dated November 2, 1987; and WHEREAS, the Agency and Mr. Low wish to reach agreement for the benefit of themselves, their successors, and assigns. NOW, THEREFORE, THE ARCADIA REDEVELOPMENT AGENCY AND MR. ROBERT J. LOW AGREE THAT: 1. The "Agreement Line" as so designated on Exhibit II (Sketch) to this Agreement shall as of the date of recordation of the Agreement be the north/south line separating their respective properties. 2. The boundary adjustment agreed to by this document and reflected in Exhibit II which is incorporated as part of this Agree- ment shall be affirmed by Resolution of the City Council as required by Arcadia Municipal Code Section 9118.6. Exhibit II ;;q?4 In witness whereof the parties have set their hand. Executed at Arcadia, California, County of Los Angeles, , 1987. Mr. Robert J. Low QR.\(;!.~~c~I~~~_~!! NOTARY ARCADIA REDEVELOPMEN'l' AGENCY 'GttWillillii~.!~ Chairman NOTARY APPROVED AS TO FORM: ORIGINAL SIGNED BY. . Agency Attorney -2- 55~4 ENCROACHMENT AGREEMENT AND PERMIT WHEREAS, the Arcadia Redevelopment Agency ("Agency") and Robert J. Low ("Mr. Low") own adjoining properties in the Redevelopment Project Area in the City of Arcadia, County of Los Angeles as set forth in Exhibit I and included by reference herein; and WHEREAS, there is a dispute between the Agency and Mr. Low as to the record location of the property line separating their respective properties; and WHEREAS, the Agency has prepared a compromise agreement "Sketch of a Portion of Lot 3 in Block 84, Santa Anita Tract, M.R. 34.40 and 41", included as Exhibit II and made a part hereof, prepared by Calvin E. Woolsey, L.S. 4467, dated November 2, 1987; and WHEREAS, the Agency and Mr. Low wish to reach agreement for the benefit of themselves, their successors, and assigns; and WHEREAS, notwithstanding the Property Line Adjustment Agreement between the Agency and Mr. Low, the westernmost building on Mr. Low's property encroaches a few inches onto the Agency's property approximately 216 feet north of the Huntington Drive right-of-way; and WHEREAS, the Agency and Mr. Low desire to permit said encroach- ment to continue to exist as long as said building remains in place, and thereafter the Encroachment Permit to occupy this land shall cease. NOW, THEREFORE, THE ARCADIA REDEVELOPMENT AGENCY AND ROBERT J. LOW AGREE THAT: Exhibit III C)~d(~ 1. The westernmost building on the Robert J. Low property is hereby permitted by the Agency to continue encroachment on Agency- owned property as long as such building remains in place, consistent with its current location and configuration (see Exhibit I) and upon destruction or demolition of said building by natural or man- made causes, including act of God, this Encroachment Agreement and Permit shall cease and be of no force or effect. 2. Neither Agency or the City of Arcadia shall be responsible for any loss or damage to any part of the subject building which encroaches on AgE!ncy property. Mr. Low agrees to indemnify and hold the Agency harmless for any claims, losses, liabilities, and lawsuits which may arise out of or are in any way related to the encroachment permitted pursuant to this Agreement. 3. This Encroachment Agreement shall be recorded and shall apply to all successors or assigns of the Agency and of Mr. Low. In witness whereof the parties have set their hand. Executed at Arcadia, California, County of Los Angeles, , 1987. ~gg~ -2-