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Home My WebLink AboutD-2500 r . ~""".. "'j . or;:-- .. . '\ -.... . "T - .9~ -177tlf08 '-F7f''{lf}l1%~_, , to~-.~ D - ~.,t5~'.i ) " J,' . ORIGINAL FIFTEEN YEAR EASEMENT GRANT DEED Recording Requested by and When Recorded Return to: RECORDED/FilED IN OFFICIAL RECORDS RECORDER'S OFFICE lOS ANGELES COUNTY CALIFORNIA SEP 27 1994 AT 8 A,M City of Arcadia 240 West Huntington Drive Arcadia, California 91007 ATTN: CITY MANAGER ..... 9224366-64 Documentary Transfer Tax: $ None Revenue and Taxation Code 11922 C> C> I Li'l ..... ..... Li'l FIFTEEN YEAR EASEMENT GRANT DEED l FREE F l~ @ C> I a- u '- <0 a. This Fifteen Year Easement Grant Deed ("Deed") is made and entered into this 27th day of September , 199~, by and among CITY OF ARCADIA, a municipal corporation ("city"), ANITA ASSOCIATES, a California limited partnership ("Anita") consisting of HAHN-UPI, a California limited partnership as its general partner and SANTA ANITA REALTY ENTERPRISES, INC., a Delaware corporation as its limited partner, and Santa Anita Realty Enterprises, Inc. , a Delaware corporation ("SARE"). o :z RECITALS WHEREAS, SARE is the owner of that certain real property adjoining The Santa Anita Fashion Park ("Fashion Park"), approximately eight (8) acres of which are or will be developed as an automobile parking lot for customers of the Fashion Park ("Fashion Park Lot"); and WHEREAS, SARE has or will enter into a lease with Anita granting Anita a leasehold interest in approximately five acres ("Lot") of the Fashion Park Lot; and WHEREAS, pursuant to that certain Easement Purchase Agreement ("Agreement") by and between Anita and the city dated January 19, 1993, and upon fulfillment of the conditions precedent as described in the Agreement, the City desires to acquire certain rights for public parking purposes (the "Easement") over approximately ~. 8 acres of the Fashion Park Lot (the "City Lot"), the legal description of which is attached hereto as Exhibit "A"i and Att. 3-1 KKR23535 Rev. 1/13/93 ( 'j .., "'" .... , ." "... "T'" Y "!P' .... .. r . ~ ~ . ... ," ". .. -JJ ;.... ,- , ' ,y' WHERElIS, SARE and Anita desire to grant to the city the Easement as hereinafter described. Except as to the efficacy of the easement interest granted hereunder, notwithstanding anything to the contrary, each of Anita and city acknowledge and agree that (i) SARE's execution of this Deed shall in no way whatsoever subject SARE to any liability for the terms, covenants and provisions respecting Anita's performance, or lack thereof, pursuant to this Deed and (ii) SARE shall have no obligation whatsoever t.o perform any of the terms, covenants and provisions contained in this Deed. TERMS NOW, THEREFORE, in consideration of the foregoing covenants and promises, and other good and valuable consideration, the City, Anita and SARE agree as follows: AGREEMENT 1. Grant of Easement/Control Over citv Lot/Ooeratinq Covenant. (a) Anita and SARE hereby grant and convey to the City an exclusive Easement over the City Lot for a period of fifteen (15) years commencing as of the date hereof and further grant to the City the exclusive right to use the City Lot exclusively for public parking purposes, at no charge to the public. For the purposes of this Deed, "public parking" shall mean parking, at no charge to the public, which is fully accessible to all members of the public, without limitation as to their purpose for parking on the city Lot or their destination, except for reasonable limitations that may be requested by Anita, subject to the written approval of the city. The City Lot shall be regulated by and shall be subject to all City of Arcadia and California Vehicle Code parking regulations and the City shall enforce the same upon the City Lot. Anita and the City hereby agree and acknowledge that the Easement shall be subject and subordinate to that certain Construction, Operation and Reciprocal Easement Agreement dated as of January 25, 1974 (recorded as Document No. 482 in the Los Angeles County Recorder's Office), as amended by Amendment No. 1 dated as of January 19, 1978 (recorded as Instrument No. 78-71491), Amendment No.2 dated as of August 16, 1989 (recorded as Instrument No. 89-1725066) and any further amendments thereto. The original Construction, Operation and Reciprocal Easement Agreement, Amendment No. 1 to Construction, Operation and Reciprocal Easement Agreement, Amendment No. 2 to Construction, Operation and Reciprocal Easement Agreement and all further amendments thereto shall be hereinafter collectively referred to as the "REA". Anita acknowledges and agrees that any further amendments to the REA which would adversely affect the City Lot or the pu.blic's use thereof shall be first submitted to the Att. 3-2 KlCR23535 R..... 1113/93 94 1770108 \ "' .'. '". . , "":I ..J' .. '" ~ .. - 3 ~ .. " . ... t . T " , city for its review and approval, which approval shall not be unreasonably withheld or delayed. The City acknowledges that the rules and regulations respecting the use, maintenance and operation of the City Lot shall be as set forth in the REA. As part of the consideration furnished to the city under this Deed, Anita hereby agrees that it shall be bound by the following operating covenant. In addition to termination after expiration of the term set forth in this Section 1, this Easement may also terminate earlier as provided in the following operating covenant: Operatinq Covenant (al Anita hereby represents that Nordstrom, pursuant to Amendment No. 3 to the Construction, Operation and Reciprocal Easement Agreement, will agree that a Nordstrom store will be constructed as part of the Fashion Park and will remain open and operate at least 100,000 square feet of retail sales floor area ("Minimum Floor Area") for a period of ten (10) years following the date on which the Nordstrom store first opens for business. As used herein, the term "open for business" means when 95% of the retail sales floor area of not less than 130,000 square feet (i.e. 123,500) is opened to the public. Anita shall include appropriate covenants and conditions in any agreement which it enters into with Nordstrom pertaining to this ten-year operating covenant; provided, however, the city hereby acknowledges that pursuant to Amendment No. 3 to the Construction, Operation and Reciprocal Easement Agreement, Nordstrom will have certain termination rights to cease its operation if certain events occur during said ten (10) year period. Notwithstanding the foregoing, if Nordstrom subsequently closes or publicly announces its intent to close its Fashion Park store for any reason whatsoever prior to such ten-year term, or if Nordstrom does not operate the Minimum Floor Area, then Anita shall, within nine (9) months following the closure or.reduction below the Minimum Floor Area of the Nordstrom store, demonstrate to the city's reasonable Att. 3-3 IOOlZJ535 Rev. 1/13/93 94 1770108 . ~ ,'! " '... .... . ' " KKR235J5 Rev. lJ1J/9J ~ ~ ~ " . , 1 satisfaction that Anita has obtained a replacement for the Nordstrom store that is acceptable to the city and that such replacement will be open for business within eighteen months following the closure or reduction below the Minimum Floor Area of the Nordstrom store. As a condition precedent to the City's consideration, Anita shall provide to the City an executed lease agreement or customary letter of commitment from an acceptable replacement store, the acceptability of which shall be in the City's reasonable discretion. Anita agrees to use reasonable and diligent efforts to obtain a replacement high-end fashion retail department store, closely equivalent to Nordstrom in terms of reputation and image, generating a comparable annual amount of sales dollars as the Nordstrom store being replaced. Notwithstanding the fore- going, if, despite its reasonable and diligent efforts, Anita is unable to obtain a high-end fashion retail department store generating a com- parable annual amount of sales dollars, then, at a minimum, Anita shall obtain a replacement high~end fashion retail department store closely equivalent to Nordstrom in terms of reputation and image. In the event that Nordstrom begins to operate less than the Minimum Floor Area, then as an alternative to obtain- ing a replacement store, Anita may negotiate with Nordstrom to cause Nordstrom to once again open and operate the Minimum Floor Area. Anita shall have a period of nine (9) months following the date on which Nordstrom first begins to operate less than the Minimum Floor Area to cause Nordstrom to once again open and operate the Minimum Floor Area. If Anita is unable to cause Nordstrom to once again open and operate the Minimum Floor Area within this nine (9) month period, then the cit.y shall be entitled to receive the sum set forth in subsection (b) Att. 3-4 94 1770108 '. ~ IV ~ . . ~ ~ . .....' \- .. ~ 1 ~-~'---.or '" . ~ .." ~ ' 00lZ3535 Rev. 1/13/93 below, subject to all the terms and conditions set forth in subsection (b). (b) If a satisfactory replacement store is not obtained within the nine (9) months following the closure or reduction below the Minimum Floor Area of the Nordstrom store, or if the replacement store is not open for business within eighteen (18) months following the closure or reduction below the Minimum Floor Area of the Nordstrom store, then Anita shall pay to the city the sum of the following: (i) The amount represented by the formula: "X"/120 x $3,000,000, where "X" equals the number of months remaining between the date that the Nordstrom store closes or begins to operate less than the Minimum Floor Area required by Amendment No. 3 to the REA and the date which is ten (10) years after the date the Nordstrom store opens for business. (ii) 7% simple interest on the amount determined pursuant to sub- paragraph (i) above, paid monthly from the date that Nordstrom closes or begins to operate less than the Minimum Floor Area to the date the balance owed per subparagraph (i) above is paid. said pro rated repayment shall be due in full upon expiration of the nine (9) or eighteen (18) months (as appli- cable), following written demand therefor from the City. Alternately, at its election, Anita may pay the amount described in this subsection (b) over a period of years. Such payments must be made by June 1 of each year following the closure or reduction below the Minimum Floor Area of the Nordstrom store and must be made in equal amounts such that repayment of the full amount will occur on or before Att. 3-5 94 1770108 . ~ ~ -T ~ I() , " the date which is ten (10) years following the initial date that the Nordstrom store opens for business. Notwithstanding any other term contained in this Agreement or the Easement Grant Deed, the Easement shall automatically terminate upon payment in full to the city of the sum established in this subsection (b). (e) Anita shall be entitled to exercise its right to obtain a replacement for the Nordstrom store only once. In the event that the successor to the Nordstrom store closes prior to the term of the operating covenant set forth in subsection (a) above, then Anita shall have no further right to find another replacement store and the city shall be entitled to the pro rata refund as set forth in subsection (b). The ten (10) year operating covenant established by subsection (a) shall be extended for the number of months (not to exceed eighteen (18) between the closure or reduction below the Minimum Floor Area of the Nordstrom store and the time that the replacement store is open for business. (d) The payment of the amount set forth in subsection (b) shall be the sole and exclusive remedy of the city for a breach of the operating covenant described in subsection (a). 2. Character of Easement. The Easement granted herein is an exclusive easement in gross to be utilized solely for public parking at no charge, to be held and enjoyed by the City and its successors and assigns. 3. Location of the City Lot. The Easement granted herein for public parking purposes pertains to approximately 2.8 acres of the Lot. The City Lot is more particularly described in Exhibit "A" attached hereto and incorporated herein. 4. Exclusiveness of Easement. The Easement granted herein is exclusive to the City and neither Anita nor SARE may convey any other right, interest, easement, license or profit in the City Lot which would interfere, restrict or otherwise defeat the City I S interests in the city Lot for public parking purposes. Notwith- standing anything to the contrary, the Easement and the City Lot Att. 3-6 lUZ3515 Rev. 1/13/93 94 1770108 ~ , I shall be subject to, and subordinate to, the REA; provided, however, that the city shall have the review and approval rights set forth in Section 1 of this Deed. 5. Bodilv Iniurv and Prooertv Damaqe Insurance. Ani t a shall maintain insurance for the City Lot for the term of the Easement described in Section 1 of this Deed in accordance with the insurance requirements set forth in the REA. Anita shall provide Certificates of Insurance and endorsements naming the city as an additional insured. The certificates and endorsements shall provide that the insurance not be canceled or the limits of liability reduced unless the city receives written notice of cancellation or reduction at least thirty (30) calendar days prior to the effective date of cancellation. The certificate or actual copy thereof shall be forwarded to the city's General Counsel with a copy to the City Clerk at least annually by December 31 of each year. Any and all insurance obtained by Anita hereunder shall be primary to any and all insurance which the City may otherwise carry, including self insurance, which for all purposes of this Deed shall be separate and apart from the requirements of this Deed. Any insurance policies governing the city Lot as obtained by the city shall not be transferred from the City to Anita. In the event that Anita fails to maintain insurance as required by the REA, the City shall mail to Anita a notice specifying ,;uch failure. If, within thirty (30) days fOllowing such notice, Anita has failed to provide the insurance as required by the REA, then Anita hereby authorizes the City to procure appropriate insurance pOlicies on Anita I s behalf in compliance with the REA. Anita shall reimburse the city. for the costs of such policies within ten (10) days after demand therefore by the City. Failure of Anita to reimburse the City as.demanded shall constitute an event of default under this Deed and the city may exercise any and all remedies available to it under this Deed, in law or in equity to remedy such default. 6. Entire Aqreement. This Deed contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this Deed shall be of no force and effect. This Deed may be amended only by a subsequent document in writing, signed by the party to be charged. 7. Attornev' s Fees. In the event of any controversy, claim, dispute, action or proceeding relating to this Deed or any breach thereof, the prevailing party shall be entitled to recover from the losing party, in addition to all other relief available to it, its reasonable expenses, attorney's fees and costs. 8. Bindinq Effect. This Deed shall be binding on and shall inure to the benefit of Anita and the City, and their respective Att. 3-7 ro23535 Rev. 1113/93 94 1770108 c " ~ successors, assigns, heirs, executors and administrators, except as otherwise provided for in this Deed. 9. Taxes, Assessments. Encumbrances and Liens. Except for any increases caused by a change in ownership initiated by city, Anita'shall pay prior to delinquency all real property taxes, possessory interest taxes and any other tax assessments assessed and levied on or against the city Lot during the term of the Easement. Anita shall remove, or shall have removed, any tax levy or attachment made on the City Lot, or shall assure the satis- faction thereof within a reasonable time, but in any event prior to a tax foreclosure sale of the City Lot, or any portion thereof. Nothing herein contained shall be deemed to prohibit Anita from contesting the validity or amounts of any tax assessment, encumbrance or lien on the City Lot, nor to limit the remedies available to Anita in respect thereto. 10. Maintenance of the City Lot. During the term of the Easement, Anita covenants and agrees for itself, its successors, its assigns, and every successor in interest to the city Lot, that Anita, such successors and such assigns, shall at no cost to the ci ty, maintain in good condition the city Lot, shall keep the City Lot free from any accumulation of debris or waste material, subject to normal construction job site conditions, and shall maintain (in accordance with the provision of the REA) in a neat, orderly, healthy and good condition all landscaping planted on the City Lot in accordance with the applicable development plans for the City Lot. 11. Obliqation to Refrain from Discrimination. During the term of the Easement, Anita covenants and agrees for itself, its successors, its assigns and every successor in interest to the City Lot that there shall be no discrimination against or segregation of any person, or group of persons, on account of sex, marital status, race, color, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the city Lot; nor during the term of the Easement shall Anita, itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the city Lot. 12. Indemnification. The city agrees to defend, indemnify and hold harmless Anita and SARE, and their respective partners, agents, employees and contractors from any claims based on the intentional or negligent acts or omissions of the City, its off icers, agents, employees, or contractors; . provided, however, that such claims must pertain to the City's activities upon the city Lot. Att. 3-8 1CXIl23535 lev. "'3/93 94 1770108 . 'C . ~ " .... ... ~ . ., oj', q Anita agrees to indemnify and hold the City and SARE, and their respective officers, employees, agents and contractors harmless from and against all third party claims (and for purposes of SARE, any claims made by the City) for damages, judgments, costs, expenses and fees arising from or related to any act or omission of Anita, its respective officers, employees agents or contractors, which arise from Anita's performing its obligations hereunder. 13. Execution of ouitclaim Deed. The City agrees that upon the termination or early expiration of the Easement, the City shall execute and allow recordation of the Easement Quitclaim Deed attached hereto as Exhibit "B". The City further agrees to execute any and all other documents which are reasonably necessary to remove this Deed and/or the Easement as an encumbrance against the City Lot upon termination or any expiration of the Easement. 14. Riaht of REA Parties to Use citv Lot. Notwithstanding anything in this Deed to the contrary, Anita and the other parties to the REA, including their employees, agents and customers, shall have the nonexclusive right to utilize the city Lot for public parking (at no charge) as members of the public at large. 15. Defaults - General. Subject to the extensions of time set forth in Section 21 hereof, failure or delay by either party to perform any material term or provision of this Deed shall constitute a default under this Deed; provided, however, that if a party otherwise in default cures, corrects or relieves such default within thirty (30) calendar days (or a longer period if such default cannot be cured within thirty (30) calendar days and the defaUlting party is diligently proceeding to cure the same) after receipt of written notice specifying such default, then such party shall not be deemed to be in default hereunder. The injured party shall give written notice of default to the party in default, specifying the default complained of by the non-defaulting party. Delay in giving or failure to give such notice shall not constitute a waiver of any default nor shall it change the time of default. Any failure or delays by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies. Delays by either party in asserting any of its rights and remedies shall not deprive either party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. 16. Leaal Actions. (a) Institution of Leaal Actions. Except for a breach of the operating covenant set forth in section 1 of this Deed, in Att. 3-9 KKR23535 Rev. 1/13/93 94 1770108 - , " . 10 addition to any other rights or remedies, either party may institute legal actions to cure, correct or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purposes of this Deed. Such legal actions must be instituted in the Superior Court of the County of Los Angeles, State of California, or in any other appropriate court in that county, or in the Federal District Court for the Central District of California, in Los Angeles, California. (b) Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Deed. (c) Acceptance of Service of Process. In the event that any legal action is commenced by Anita against the city, service of process on the city shall be made in such manner as may be provided by law. In the event that any legal action is commenced by the City against Anita, service of process on Anita shall be made in such manner as may be provided by law. 17. Riqhts and Remedies Are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Deed, the rights and remedies of the parties. are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 18. Damaqes. Subject to the notice and cure provisions set forth in section 15, and except for a breach of the operating covenant set forth in section 1 of this Deed and other than with respect to any default concerning payment of funds, deposits or bonds, the defaulting party shall be liable to the other party for all the actual and proximate damages caused by the defaulting party's default. Upon default by Anita or the City, the City or Anita may exercise in their sole but reasonable discretion, any legal or equitable remedies available to them under statute, common law, or this Deed. These remedies include, but are not limited to, a lawsuit for damages and/or specific performance. 19. Notices. Demands and Communications Between the Parties. Any and all notices, demands or communications submitted by any party to another party pursuant to or as required by this Deed, shall be proper if in writing and dispatched by messenger for immediate personal delivery, or by registered or certified United States Mail postage prepaid, return receipt requested, to the principal office of the City and Anita, as applicable, as designated below. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate as provided in this Att. 3-10 aR23535 R..... 1113/93 94 1770108 7 J) Section 19. Any such notice, demand or communication shall be deemed to be,received by the addressee, regardless of whether or when any return receipt is received by the sender on the date set forth on such return receipt, on the date that it is dispatched by messenger for immediate personal delivery, or two calendar days after 'it is placed in the United states mail as heretofore provided. . Notices, demands or communications shall be sent to the , parties as set forth below: To Anita: . The Hahn Company 4350 La Jolla Village Drive suite 700 San Diego, CA 92122-1233 (619) 546-1001 Attn: Legal Department Santa Anita Fashion Park To the city: city of Arcadia 240 West Huntington Drive Arcadia, CA 91007 (818) 574-5408 Attn: city Manager With Copy To: Stephen P. Deitsch, Esq. Best, Best & Krieger 800 N. Haven Avenue, Suite 120 Ontario, CA 91763 (909) 989~8584 To SARE: Santa Anita Realty Enterprises, Inc. 301 West Huntington-Drive, Suite 405 Arcadia, CA 91007 (818)574-5550 Attn: Christopher T. Stirling 20. liQnliabilitv of citv Officials and Emplovees. No member, official or employee of the City shall be personally liable to Anita, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to Anita or its successor, or on any obligations under the terms of this Deed, except for gross negligence or willful/criminal acts of such member, officer or employee. '" ; 21. Enforced Delavs: Force Ma;eure: Extension of Time and performance. In addition to specific provisions of this Deed, performance by either party hereunder shall not be deemed to be in default where delays or defaults are due to war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy or third parties; epidemics; 'quarantine restrictions; freight embargoes or lack of transporta- .,4.: . I .,~, . :;.: Att. 3-11 1CKR23535 ReV. 1/13/93 'i"" 94 1770108 . . }! tioni weather-caused delays; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; acts of the other party other than as permitted or required by the terms of this Deed; acts or failure to act of any public or governmental agency or entity other than where such acts or failure to act are expressly permitted or required by the terms of this Deed (except that action or failure to act by the City shall not extend the time for the city to act unless such action or failure to act is the result of a lawsuit or injunction including by way of illustration, but not limited to, lawsuits pertaining to the City's or Anita's commitments under this Deed, environmental documentation and procedures, eminent domain, and the like); or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. Except as otherwise provided by this Deed, any extension of time for any such cause hereunder shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) calendar days of the commencement of the cause. Times of performance under this Deed may also be extended by mutual agreement in writing by and between the City and Anita. 22. Approvals. (a) Approvals required of the City or Anita, or any officers, agents or employees of either the city or Anita, shall not be unreasonably withheld and approval or disapproval shall be given within a reasonable time. (b) The City Manager or his or her designee, is authorized to sign on his own authority and on behalf of the City amendments to this Deed which are of a routine or technical nature. Executed on this 2- z rb(day of 5 L f 11;:-1'1 C e.r, ( ~ &if if rrr:Z;Slr;;:JJL Michael H. Miller City General Counsel APPROVED AS TO FORM: ~f?Mt Best, Best & Krieger city Special Counsel CITY CITY OF ARCADIA Date: ~p.1,'Z-; 1~/1 cadia Att. 3-12 KKR23535 Rev. 1/13/93 94 1770108 ATTEST: 13 fj,.,<J ~~ C Clerk (SEAL) ANITA Dated: ~ \\a. I~''t ANITA ASSOCIATES, a California Limited Partnership Dated: ~~ ''''1',11l. By: Hahn-UPI, California Limited Partnership Its: General Partner By: ERNEST W. HAHN, INC., a California corporation .. .... _ T _ .- as general partner By: Ii orate Secretar;r. By: Name: Title: ,,- SARE is signing this Deed only for the purposes of conveying the Easement interest described herein and to acknO\~ledge the existence of its terms, and for no other purpose whatsoever. SARE's execution of this Deed is explicitly made subject to all of the terms and conditions of this Deed, including, but not limited to, the Fourth Recital and paragraph 12 of this Deed. Att. 3-13 KKRZ3535 Rev. 1/ 13/93 94 1770108 Dated: KlCR23535 Rev. 1/13/93 SARE SANTA ANITA REALTY ENTERPRISES, INC.. I Del.w.re enrpnr.tin. By: Its: ~Jv~1 a~ ( By: Its: Att. 3-14 94 1770108 \~ . 10 No. 5907 ,J'; ,': CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of Q... "- h c.... r ('l i '^-- County of .c:,D.t"\ \"); 0( ~f On .l\, )I\"~+- Ie) \~ before me, J DATE NAME, TITLE OF OFfiCER. personally appeared w..^~ M. (Mt\.o1 11 ~~~,;;,~ I. -\-t,... 'fS ~,..,. o personally known to me - OR -.E proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) j)f/are subscribed to the within instrument and ac- knowledged to me that ~/they executed the same in tJ)$~M/their authorized capacity(ies), and that by ~/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. .- /1 f- - - - - - - A. - - - - - - ",_:. ". HOLll G, HUIllEY t -' ,~. " : ,....'>2' .' COlloM, tl' 9971S7 ~ ~ : --!~ ..., Notary PubUc - Callfomia ~ j " I -:'. SAN DIEGO COUNTY ~ ".. ...." MyComm. ExpirosJUN 8.1997 - ~ ~ ~ ~ ~ + ~ ? v _ _ T ~ NESS my hand and official seal. <: SIGNATURE NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER o INDIVIDUAL o CORPORATE OFFICER DESCRIPTIDN OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT TITIE(S) o PARTNER(S) [J LIMITED o GENERAL o ATTORNEY.iN.FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTlTY(IES) SIGNER(S) OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION.. 8236 Remmet Ave., P Q. Box 7184. Canoga Park, CA 91309.7184 94 1770108 . I':!P '" CA'L1FORNIA ALL.PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of On ~"l,,) /y /c/ before me, DAfE personally appeared ~ personally known to me - OR - 0 proved to on the basis of satisfactory evidence to be the person~ whOse name(.st is/are- subscribed to the within instrument and ac-- knowledged to me that -I=te/she/tI=ley executed the same in J:l.is/her/t.R-e+f authorized capacity(.ies), and that by ~/her/the+f signature~ on the instrument the person~, or the entity upon behalf of which the person~) acted, executed the instrument. Los Angeles Bette Storm, Notary Public NA ,Tine OF OFFICER - E.G., "JANE DOE, NOTARY PUBUC. J - ~ -, - - - - - - - - - - 'I (fI, ,-. '. BEllE STORM - ~ . '" . ,- " , COMM," 10C0538 ~ ~ : -~ .... -. Notory Public - California ~ J - , LOS ANG ElES COUNTY J "..-" My Comm, e.,oiresAUG 15. 1997 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ WITNESS my hand and official seal. ~-P,' :;:-/ , " -." SIGNATURE OF NOTAAY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form, CAPACITY CLAIMED BY SIGNER o INDIVIDUAL o CORPORATE OFFICER DESCRIPTION DF ATTACHED DOCUMENT TIflEIS) TITLE OR TYPE OF DOCUMENT o PARTNER(S) [J LIMITED o GENERAL o AlTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTlTY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184. Canoga Pal1i:, CA 91309-7184 94 1770108 , " No, 5907 ~ CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of County of CA4ro/W/A LoS' RNGeLl:S On /Iv~. C). ~ /77'" DATE before me, .....f'v./'/~ J. ;V~ht'/a; NAME, TITLE OF OFFICER. E,G., "JANE DOE, NOTARY PUBLIC. Ji.';~;;;;;:;;';~;~~~l .!J ~.t> .' COMM. #973768 > ~ ~ ., . tIOTARYPUEtIC.cI.LIf-OANIA ~ : ~ ;;y LOS ANGElES COUNTY - 1 . ~' My Comm, Expire<: Sept. 20, 1996 · .............................1 personally appeared CTtIIf!/..t(?:Jr"~ -..L-r7leL./N<9 AND J]bHW FLE711i",,<$o NAME(S) OF SIGNER(S) ~ personally known to me - OR - D J3revea te mo eR the Basis sf satisfaGtsry e',ieence- to be the person(s) whose name(s) ~/are subscribed to the within instrument and ac- knowledged to me that he/31'le-/they executed the same in his/I'ler/their authorized capacity(ies), and that by his/I,el/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~t:?~;'~ /)tee'~ SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form, CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT o INDIVIDUAL ~ CORPORATE OFFICER f1pn:FN /t8he. G"AJV>>eNr ~Ihrb ~R.E!JS'U>e1V'r Y- GJra::.//.1? <I- aI/~~ TITlE OR TYPE OF DOCUMENT . TITLE(S) f7'ty~cllIL. OFF/CET'- D PARTNER(S) D LIMITED o GENERAL /t; NUMBER OF PAGES D ATTORNEy-tN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PEASON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION. 6236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7184 94 1770108 . :--; . ; . ., Banta Anita Fashion Park Arcadia, CA PALLER-ROBERTS ENGINEERING. INC. ~ CONSUL TlNG CIVIL ENGINEERS Nov. 23, 1992 Rev. Oct. 12, 1993 -. LEGAL DEBCRIPTION CITY PARKING PARCEL ALL THAT PORTION OF LOT 5 OF TRACT NO. 949, IN THE CITY OF ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 17, PAGE 13 OF MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID LOS ANGELES COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL 5, SAID CORNER ALSO BEING THE SOUTHEASTERLY CORNER OF PARCEL 4 OF PARCEL MAP NO. 6374, AS PER MAP RECORDED IN BOOK 89 PAGE 77 OF PARCEL MAPS, AND LYING ON THE NORTHERLY RIGHT-OF-WAY LINE OF HUNTINGTON DRIVE, 195.00 FEET IN WIDTH; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL 5 AND THE EASTERLY LINE OF SAID PARCEL 4, NORTH 03' 53' 00" EAST, 150.00 FEET TO THE TRUE POINT OF BEGINNING; .. THENCE CONTINUING ALONG SAID WESTERLY AND EASTERLY LINE, NORTH 03' 53' 00" EAST, 178.55 FEET, TO THE BEGINNING POINT OF A NON- TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 203.50 FEET, A RADIAL LINE FROM SAID POINT BEARS SOUTH 57' 48' 47" EAST; THENCE DEPARTING FROM SAID WESTERLY AND EASTERLY LINE NORTH- EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 04' 42' 43", AN ARC DISTANCE OF 16,74 FEET TO THE BEGINNING POINT OF A COMPOUND CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 282.00 FEET, THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 04' 32' 04", AN ARC DISTANCE OF 22.32 FEET TO A TANGENT LINE; THENCE NORTH 41' 26' 00" EAST, 95.25 FEET TO THE BEGINNING bF A TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 218.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 30' 00' 00", AN ARC DISTANCE OF 114,14 FEET TO A TANGENT LINE; THENCE NORTH 11' 26' 00" EAST, 343.38 FEET; THENCE SOUTH 78' 34' 00" EAST, 131.79 FEET; THENCE SOUTH iI' 26' 00" WEST, 698.26 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 82' 26' 00", AN ARC DISTANCE OF 35.97 FEET TO A TANGENT LINE; THENCE NORTH 86' 08' 00" WEST, 181.99 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 2.722 ACRES MORE OR LESS, EXHIBIT "A" ." . legal/le384/CITY 94 1770108 I " '. \q ,', r CERTIFICATE OF ACCEPTANCE .' , This is to certify that the interest in real property conveyed or transferred to the City of Arcadia, a Municipal Corporation, by deed, grant, conveyance, or instrument dated ,,' SEPTEMBER 27, 1994 , from or executed by Anita Associates, aCarYforn~a lim~ted partnership is hereby accepted by the City of Arcadia by the order or authorization of the City Council of the City of Arcadia contained in Resolution 2963, adopted January 21, 1958, and recorded in the office of the Recorder of Los Angeles County on January 29, 1958, as Instrument No. 3069 in Book 56448, Page 264. Official Records of Los Angeles County; and the City of Arcadia consents to the recordation thereof by its duly authorized officers. ~~\~ City Manager r!2J--1E~ 111;1 ,City Engineer " The document thus de~cribed is hereby approved as to form. -rndill ~ City Attorney Dated:~' 7-) '{ 'l 94 177010R lr, " o. RE~ORD'NG REQUESTED BY AND "'Hf"N "'':ORO[t) "A''- TO r --, N....' "'oo"'n COT.. ....U L --l SPACE ABOVE THIS LINE FOR RECORDER'S USE Title Ord"r No E.occrowNo ......,1. ''''1I .,...T["'E;N'. TO N..... r .'.IU ...00..... ern. Su,. L ~o Corporation Quitclaim Deed THE UNDERSIGNED CRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX is . o computed on (un v.Jue of property conveyed.. or o computed on fuD "..JUl! leu "-'- oIl1eM Dr l!ncumbrancef ftDWmnl' ..t tJnMt cI ...~, ..ntI FOR A VALUABLE CONSIDERATION,receiptofwhichlsherebyacknowleda:ed, a Corporation, does hereby REMISE. RELEASE. AND FOREVER QUITCLAIM to the fol1owing described real property In the county of ,state of California: Dated STATE OF CALIFORNIA COUNTY OF } 5,5, 0" before me. a Nolary Public In and tor said County and State, personally appeared personally known 10 me (or proved to me onlhe basis 01 satisfactory evidence) 10 be Ihe ptrson(.) whose name(!!) Is/are .ubSCrlbed to the within instrument and acknowledgecllo ma that heJlhalthey executed lJlaumeln~Ithel18lJtho1tnd~). andlhat byllWMr.lln.lr slgnatute(s) on the Instrument the person(.), or the entity upon behalf 01 which the personCs) acted. ellecuted the Instrument. WITNESS my hand and official seal ""-, Signature '-. ~------- -- (nb _. ,_ officl.al not...... ....) MAIL TAX STATEMENT AS DIRECTED ABOVE "'03 A 1M2) 94 1770108 ~ ~ .....:J .....:J C ~ 85' Q OD PREPARED BY . ~. .... 'r ," <:-200' o A B C o CURVE DATA TABLE DELTA RADIUS LENGTH 0~42'43. 203.50 16,74 04'32'04" 282.00 22,32 3~00'00. 218.00 114,14 82'26' 00. 25.00 35,97 fIr1r SC/>.Lt. PALlER-ROBERTS ENGINEERING, INC. COHSULTI<G CMl EHCINEERS 5701 SlAUSON AVENUE. SUm: 208 CULVER Cf1Y. CAUFORNIA 90230 PHONE (310) 841-1853 \ 1\0' \E z \::::J \z ~ o Z \ \; < fT1 TANGENT 8,,37. 11. 16 58.41 21,90 p . R " ~ , M A P ~ 6 3 7 4 t\ " C L / p ARC E L 2 B K. 8 9 P G. 7 7 P. M. t<<lRTHERly RJGHT-or-wAY lINE OF HUNTINGTON ORM: PARCE L 4 PAR C E L 3 TRUE POINT OF BEGINNING CD N03'5~'OO" E yo: 150,00' % '" '" "', ~ 0' '" '" o~ C\ '" J FILE' r'\OWG\JNJ84\CITY.OWG E'LY 80UNDARY OF PARCEL lolAP'ND, 6374 & W'LY BOUNDARY OF TRACT NO. 949 N 11'26'00. E ,-- 343.38' ____ CITY PARKING PARCEL AREA = 2.722 AC. S 11'26'00. W 898.26' T RAe T ---- J NO. 949 o LOT 5 SW'L Y COR. LOT 5 TRACT NO. 949 SE'L Y COR. PARCEL 4 PARCEL MAP NO, 6374 LINE DATA TABLE CITY PARKING PARCEL SANTA ANITA FASHION PARK ~ o 1 2 3 BEARING N 03' 53' 00. E N 41'26'00. E S 78' 34' 00. E LENGTH 178.55 95.25 131.79 ARc.wU. CALIFORNIA _v, 6"" ..... 1~'f4- REV. OCl. 12. 1993 NOv. 23. 1992