HomeMy WebLinkAboutJuly 6, 1993/`,t •
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Pre-meetiag 6:30 - Refuse and Recycling
A G S N D A
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ARCADIA CITY COIINCIL b~.ETING
JIILY 6, 1993
7:30 P.M.
ACTION
INVOCATION
PLSDGE OF ALLEGIANCS
ROLL CALL: Council Members Fasching, Harbicht,
Lojeski, Margett and Ciraulo
MINIITBS of the June 8 and June 29, 1993 Work Sessions and
the June 15, 1993 ~~ regular meetings.
MOTION: Read all ordinances and resolutions by title
only and waive reading in full.
PRBSENTATION of Proclamation to Jim Parker
All Present
Approved
Adonted
to Glenn King, outgoing member of the Personnel Board
PRES~iTATION to Isabel Hooten and Warren Shaw, outgoing members of the
Senior Citizens' Cortanission
ADMINISTRAT=ON of Oath of Office to Robert Baderian, Personnel Soard
ADMINISTRATION of Oath of Office to Jo Duckwall and Sheng Chang,
Senior Citizen's Commisaion
ADMINISTRATION of Oath of Office to Jean Cope, Sister City Commission
1. Time reserved for those in the.audience who wish to Ira Pete
address the City Council (five-minute time limit per Art Farr
person). . Marilyn Morrell
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2. RECSSS CIT7t COIINCIL
3. DSEETING OF TSE ARCADIA REDEVELOPMENT AGENCY
a. ROLL CALL: Agency Members Fasching, Harbicht
Lojeski, Margett and Ciraulo All Present
b. Request for approval of contract with Rosenow,
Spevacek Group, Inc. for economic and
redevelopment services. Approved 5-0
d. ADJOURN to 5:30 p.m., July 13, 1993
4. RBCONVffiI8 CITY COIINCIL
5. CONS~iT ITEMS
a. Establishment of Parking Hearing Official
Classification. ADOroved 5-0
b. Report and recommendation for the sale of three
surplus vehicles to the Arcadia Unified School
District. Approved 5-0
c. Recommendation to purchase a new pumper for the
Fire Department. Ap~roved 5-0
d. Recommendation for final acceptance of
reconstruction of deficient concrete sidewal!k
at various locations. Job No. 535 Approved 5-0
e. Recommendation for final acceptance of Norman
Avenue drainage improvementa. Job No. 671 Aporoved 5-0
f. Recommendation to award contract for
rehabilitation of Holly Avenue from Campus Drive
to Live.Oak Avenue. Job No.,666 Agproved 5-0
g. Recommendation for acceptance of sewer relief
project at Huntington Drive and Duarte Road.
Job No. 507 Approved 5-0
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h. Recommendation to quitclaim a grant of easement
from Los Angeles Turf.Club and accept a grant of
easement from Santa Anita Realty for operation
and maintenance of miscellaneous transfer storm
drain no. 1097 on Huntington Drive. Approved 5-0
i. Recommendation to award a`contract for 1993-94
slurry seal program. Job. No. 541 Approved 5-0
j. Recommendation for Final Acceptance - W.O. 696
16" waterline replacement, fire hydrants and
service laterals in Live Oak Avenue from E1
Monte Avenue to Second Avenue. ApDroved 5-0
6. CITSf ~lANAGBR
a. Request for approval of Communications Dispatch
Agreement with the City of Monrovia. Approved 5-0
b. Recommendation to approve consultant services
for the upgrade of the City Council Chambers
for cablecasting. Withdrawn
c. Request for additional appropriation for medical
cost increases scheduled for FY 1993-94;
discussion segarding retirement rates for 1993-
94; and refinancing of unfunded actuarial
liability. Approved 5-0
d. Recommendation to approve a water rate increase
for Fiscal Year 1993-94.
RESOLUTION NO. 5739 Setting City water rates
and finding the sates will not exceed the
estimated amount necessary to fund the
operation of the City's water system. Adopted 5-0
e. ,Recommendation to approve decorative residential
atreet light illumination standaids and
alternative street light deaign standards.
RESOLUTION NO. 5740 Establishing ANSI/IES
RP-8 American National Standard Practice for
roadway lighting as the City standard. AdoAted 4-1
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AGENDA 7/6/93
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CITY ATTORNEY
a. RESOLUTION NO. 5736 Adopting Administrative
Adjudication policy for the disposition of
contested parking violations in compliance
with AB 408 Adopted 5-0
b. RESOLUTION NO. 5735 Adopting fees for parking
citation late penalties Adopted 5-0
c. RESOLUTION N0. 5737 Establishing an
Appropriations Limit for the Fiscal Year 1993-94
pursuant to Article XIIIB of the California
Constitution. AdoDted 5-0
d. • RESOLUTION N0. 5738 Denying an appeal and
upholding the Planning Commission'-s.action in
overruling the Highland Home Owners Association's
Architectural Review Board's denial of a
proposed two-story single-family residence at
1863 Oakwood Avenue. Adopted 4-1
e. Salary and benefit deferrals - related issues.
RESOLUTION NO. 5741 Amending Resolution
No. 5515 regarding compensation for law
enforcement recruits. Adopted 3-2
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7
10
f. Consideration of a second extension of agreement~
to continue hearings regarding hillside
development.from July 13, 1993 to January 11,
1994 (Martin property). Approved 5-0
g. Claim of Bondiek Transportation (T. Bondiek) Denied 5-0
h. Claim of E.C. Jenkins
i. Claim of R.L. Johnson
MATTSRS FROM STAFF
MATTF3RS FROffi ELECTSD OFFICIALS
Denied 5-0
Denied 5-0
ADJOIIRNBD to Closed Session then to 5:30 p.m., July 13, 1993 in memory of
Paul Johenk7~
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AGBNDA 7/6/93
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0.5'./S"- 7v
.. J* rrri Je4 i n S *-1)
July 6, 1993
TO: ARCADIA CITY COUNCIL
FROM:
PUBLIC WORKS DEPARTMENT t�
JOSEPH R. LOPEZ, DIRECTOR OF PUBLIC WORKS/
. SUBJECT: RECOMMENDATION TO QUITCLAIM A GRANT OF EASEMENT FROM LOS
ANGELES TURF CLUB AND ACCEPT A GRANT OF EASEMENT FROM
SANTA ANITA REALTY ENTERPRISES, INC. FOR OPERATION AND
MAINTENANCE OF MISCELLANEOUS TRANSFER STORM DRAIN NO.
1097 IN .HUNTINGTON DRIVE
GENERAL INFORMATION •
In 1985,_ the City of Arcadia constructed a 33 inch diameter storm
drain to facilitate removal of storm water from Huntington' Drive
and a portion of the race track parking lot area. The drain
extends 1, 300 feet from Arcadia Wash to Civic Center Place and is
located in an easement on the westerly side of west ( bound
Huntington Drive between the Methodist Hospital and the Medical
Office building.
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An easement for the construction and maintenance of thislstorm
drain was granted to the City by the Los Angeles Turf Club and
recorded in April 1985 (copy attached) . Following construction,
and to assure future operation and maintenance of this facility,
the City conveyed, by Resolution No. 5316, our rights in this storm
drain improvement to the Los Angeles County Flood Control District.
By prior agreement with Los Angeles County, this conveyance process
assures maintenance and repair of the majority of storm drains in
the City.
Subsequent processing of the conveyance documents revealed that the
recorded easement document was not in compliance with the County's
requirements, and furthermore, that the Los Angeles Turf Club, as
operators of the race track, did not own the affected property and
could not legally grant the easement. In order to resolve this
matter and complete the transfer_ of maintenance to Los Angeles
County, it will be necessary for the City to Quitclaim the original
easement rights to the Los Angeles Turf Club (copy attached) and
concurrently execute a new easement document (copy attached) with
Santa Anita Realty Enterprises, Inc. (fee owner of Santa Anita Race
Track) . -
RECOMMENDATION •
It is -recommended that the City Council:
1. Authorize the Mayor and City Clerk to execute and record
the attached Quitclaim Deed, in a form approved by the
City Attorney, to Los Angeles Turf Club, relinquishing
LASER 1"'>, GAD
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all rights and interests in that certain storm drain
easement as described in Corporation Grant Deed recorded
April 4, 1985, as Instrument -No. 85-496508.
2 . Authorize the Mayor and City Clerk to accept and sign the
attached Easement Deed, in a form approved by the City
Attorney, granted by Santa Anita Realty Enterprises, Inc.
establishing a storm drain easement over certain real
pro ert =s •escribed in said easement document.
APPROVED: �
DON. D R. D1CKWORTH
CITY MANAGE'
JRL:DAS:mlo
Attachments
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SANTA ANITA REALTY ENTERPRISES, INC.
CERTIFIED COPY OF MINUTES
I, Donald G. Herrman, certify that I am the duly elected
and qualified Secretary of Santa Anita Realty Enterprises, Inc.
(the "Corporation") and I further certify that the following is a
true and correct copy of resolutions adopted by the Board of
Directors on December 12, 1991. I further certify that the
following resolutions have not been modified or amended and are in
full force and effect.
RESOLVED, that the Board of Directors hereby authorizes
any two officers to execute all documents necessary to
conduct the day-to-day business of the Corporation, which
would include but not be limited to construction
contracts, purchase orders, supply contracts, contracts
for professional services, etc. ; and
FURTHER RESOLVED, that any officer in conjunction with
Glenn L. Carpenter, President and Chief Executive
Officer, is hereby authorized to execute all documents
relating to tenant occupancies which would include but
not be limited to leases, lease terminations, lease
amendments, etc.
Dated: May 12, 1993
•
•onald G. Herrman
Vice President - Finance
Secretary
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RECORDING REQUESTED BY AND MAIL TO:
City Clerk �
City of Arcadia
P.O. Box 60
Arcadia, California 91007
(Space for Recorder's Use)
EASEMENT DEED
For valuable consideration, receipt of which is hereby acknowledged, Santa Anita Realty
Enterprises, Inc., a Delaware corporation, (hereinafter, the "Grantor"), does hereby grant to
CITY. OF ARCADIA, a municipal corporation,rporation, its successors and assigns (collectively, the
"Grantee"), a perpetual easement to construct, reconstruct, operate, and maintain a covered
storm drain and appurtenant structures in, on, over and across the real ro
P Pew+ (hereinafter, the
"Easement Area") in the City of Arcadia, County of Los Angeles, State of California, described
as follows:
That portion of Parcel 1, Parcel Map No. 15852, as shown on map filed
in Book 179, pages 93 and 94, of Parcel Maps, in the office of the Registrar-
Recorder of the County of Los Angeles, and those portions of Lot 5, Tract No.
949, as shown on map filed in Book 17, page 13, of Maps, in the Office of said
Registrar-Recorder, within a strip of land 15 feet wide, the southeasterly side line
of said strip being described as follows:
Beginning at the intersection of the northwesterly side line of Huntington
Drive, 80 feet wide, as shown on said map of Parcel Map No. 15852, with the
easterly side line of that certain 40-foot-wide strip of land described in "PARCEL
53" in a Final Order of Condemnation, had in Superior Court Case No. 658,715,
a.certified copy of which was recorded on September 6, 1956, as Instrument No.
3173, in Book 52232, page 189, of Official Records, in the office of said
050692/2471.1
Registrar-Recorder; thence northeasterly along said northwesterly side line of
Huntington Drive, 1350.00 feet.
EXCEPTING therefrom that portion lying within said certain 40-foot-wide.
strip of land.
Together with the further right to enter upon and to pass and repass over and along the
Easement Area. for purposes incident to the rights granted herein and to deposit tools,
implements, and other materials thereon, by Grantee, its officers, agents, and employees, and
by persons under contract with it and their employees, whenever and wherever necessary for the
purposes above set forth; provided, however, that Grantee shall in all events exercise its rights
hereunder in a responsible manner so as to minimize any inconveniences to the Grantor.
Grantor and Grantor's agents shall not obstruct or interfere with the Grantee's exercise
of-its rights granted herein.
• The right is reserved to the Grantor, its affiliates, successors and assigns, to construct,
reconstruct, maintain, and operate any building, structure, or other improvements on, over, and
across the Easement Area subject to the condition that Grantor, its affiliates, successors, or
assigns, shall not perform or arrange for the performance of any construction or reconstruction
work on any building, structure, or other improvement located in the Easement Area until the
plans and specifications for such construction or reconstruction work shall have first been
submitted to and approved in writing by Grantee, which written approval shall not be
unreasonably delayed, nor shall it be withheld if(i) the proposed improvements will not interfere
with the normal operation and maintenance of the covered storm drain and appurtenant
structures; and (ii) the total load imposed by any such proposed building, structures, fill, other
050692 i Cana -2-
improvements, and the existing overburden shall not exceed the sum of the design g earth loads
plus a live load of an H-20 loading as defined in the Standard Specifications for Bridges, adopted
by the American Association of State Highway Officials, Tenth Edition. Should Grantee, in the
exercise of any of the rights acquired herein, remove or damage any landscaping or any
improvements existing as of the date hereof or constructed under written approval of the
Grantee, said Grantee shall restore or compensate the owner or such landscaping or .
improvements for same. Grantee shall indemnify, defend and hold harmless Grantor, its
affiliates, successors, assigns, officers, directors and shareholders, agents and attorneys from any
and all loss, claim, injury or damage arising out of or related to Grantee's use of the Easement
Area or exercise of any rights related thereto and created herein.
Dated: S— 12--S3 "Grantor"
SANTA ANITA REALTY ENTERPRISES,
INC., a Delaware corporation
By: ! /I
Name: a1 E• v .L Ci,Spe*yy
Its: • d'-s I e• o
•
N. bo*(ALO G ViekkvwJ
Its: V P F,,,p,P.+ /c.Fo
d
Date :
"Grantee"
CITY OF ARCADIA, a Municipal
corporation
By:
Name:
Its:
oso692/2471.1- -3-
By:
Name:
Its:
oscon/2471.1 -4-
State of California ) j
County of Orange )
On May 12, 1993, before me, Cindy L. Smith, Notary Public,
personally appeared Glenn L. Carpenter, President and Chief
Executive Officer, and Donald G. Herrman, Vice President-
Finance/Secretary, personally known to me to be the persons whose
names are subscribed to the within instrument and acknowledged to
me that they executed the same in their authorized capacities, and
that by their signatures on the instrument the persons, or the
entity upon behalf of which the persons acted, executed the
instrument.
WITNESS my hand and official seal. ``'^.
OiRCy1L �fJlt
0100441=MN
Wambialges
24fSignature
(Seal)
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL THISuEED AND.UNLESS
OTHERWISE SHOWN BELOW. MAIL TAX STATEMENTS TO:
NAME I ANTA ANITA REALTY ENTERPRISES, INC1
SlREET
c/o Paone, Callahan, McHolm & Winton
ADOREss 19100 Von Karaman Avenue, 8th Floor
Irvine, California 92715
CITY. Attention: Steven A. McHolm
STATE
ZIP J
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ALL PIN Title Order No.
I I Escrow or Loon No.
THE UNDERSIGNED GRANTOR(s) DECLARE(s) AIM DEED
DOCUMENTARY TRANSFER TAX is$ 0 CITY TAX$
Jg computed on full value of property conveyed, or
computed on full value less value of liens or encumbrances remaining at time of sale,
❑ Unincorporated area: a City of Arcadia.
,and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE CITY OF ARCADIA, a Municipal corporation
hereby remisesreleasesand forever quitclaimsto
LOS ANGELES TURF CLUB, INC., a California corporation and SANTA ANITA REALTY ENTERPRISES, INC.,
a Delaware corporation
the following described real property in the City of Arcadia
County of Los Angeles ,State of California:
That portion of Lot 5, Tract No. 949 as -per Map recorded in Book 17, page 13 of Maps in the Office of
the Recorder of Los Angeles County described as follows:
Beginning at the point of intersection of the westerly right-of-way line of Huntington Drjive (Westbound
and the northerly line of the Los Angeles County Flood Control District easement per official
records 52232-0198; thence northeasterly along aforementioned westerly right-of-way line of
Huntington Drive a distance of 1,350.00 feet; thence northwesterly 15 feet at right angles to said
westerly right-of-way line of Huntington Drive; thence southwesterly parallel with said westerly
right-of-way line of Huntington Drive to aforementioned northerly line of the Los Angeles' County
Flood Control District easement; thence southeasterly along last mentioned northerly line to the
point of beginning.
TOGETHER WITH MY AND ALL OTHER RIGHTS AND INTERESTS GRAIITED TO TIE CITY OF ARCADIA PURSIWIT TO
THAT CERTAIN CORPORATION GRANT DEED RECORDED ON APRIL 4, 1985 AS INSTILMENT NO. 85-496508.
THE CITY OF ARCADIA, a Municipal corporation
Dated By:
Its:
STATE OF CALIFORNIA ( S S
COUNTY OF
On before me.the, By:
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undersigned.a Notary Public in and for said State.personally appear Its:
.
personally
known to me(or orovea to me on the bays of sanstactory evidence)to be
the person whose name subscribed to the within
.nstrument and acknowledged that executed the same
WITNESS my nano ono official seal.
Signature
This area for atfiOal notarial seal)
TT-104 t0/87) MAIL TAX STATEMENTS AS DIRECTED ABOVE.
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RECORDING REQUESTED F • 1 - __
t _7 4 4JJ - --
• 85 496508
AND WHEN RECORDED INAIL THIS DEED AND. UNLESS OTHER.
RECORDED IN OFFICIA ECO i
WISE SHOWN BEL`JW, MAIL TAX STATEMENTS TO: � CORDERS "
LO it .CQUNTY
NAME City Clerk AL(FORf∎HA.._.. ,_
ADDRESS City of. Arcadia MrN. ....,5
CITY O
P. O. Box GO
PAsT. 3 P,M.APR 4 1985
STATE Arcadia, CA 91006
ZIP
J
Title Order No. Escrow No. F R;E E R
SPACE ABOVE THIS LINE FOR RECORDER'S USE
- !Cor or ation Grant Deed
The undersigned declares that the documentary transfer tax is S and is
❑ computed on the full value of the interest or property conveyed, or is
❑ computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. The land.
tenements or realty is located in
❑ unincorporated area [X] city of Arcadia, California
and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Los Angeles Turf Club, Inc. ("Corporation")
a California Corporation
a corporation organized under the laws of the State of Cal i forni a
hereby GRANT(S) to
the. City of Arcadia, a Municipal Corporation, a storm drain easement, over
the following described real property in the City of Arcadia
County of . Los Angeles . state of California:
Section 1. The public interest and convenience require and it is
the intention of the City Council of the City of Arcadia, County of Los
Angeles, State of California to accept. a grant of easement from the Los
Angeles Turf Club Inc. for the purpose of installing and maintaining a covered
storm drain and appurtenant structures and access for storm drain maintenance
purposes in, over and across the following described real property in thelCity
of Arcadia, County of Los Angeles; State of California, more particularly
described as follows:
That portion of Lot 5, Tract No. 949 as per map recorded in Book
17, page 13 of Maps in the Office of the Recorder of Los Angels County
described as follows:
Beginning at the point of intersection of the westerly right-of- ,r
way line of Huntington Drive (Westbound) and the northerly line of the, Los 9
Angeles County Flood Control District easement per official records 52232- ;,\i
0198; thence northeasterly along aforementioned westerly right-of-way line of
Huntington Drive a distance of 1,350.00 feet; thence northwesterly 15 feet at Z
right angles to said westerly right-of-way line of Huntington Drive; thence
southwesterly parallel with said westerly right-of-way line of Huntington
Drive to aforementioned northerly line of the Los Angeles County Flood Control
District easement; thence southeasterly along last mentioned northerly line to
the point of beginning.
85 . 49(95°$ -1
Section 2. In granting this easement, Los Angeles Turf Club Inc. ,
agrees not to construct or allow the construction of any obstruction or :::, i
improvement over the above described easement without first obtaining written
permission from the City of Arcadia or their successor in interest.
•
P�O N E
F, ,IT E.CALLAHAN STEVEN A McHOLM
K. HORI• KATHLEEN CAROTHERS PAONE
CALLAHAN RAYMOND KING TIM PAONE
JOHN LEHR'• DANIEL K.IWINTON
MC11LT OLAI IRENE E.ZIEBARTH
& WIN 1 m O N ALSO ADMITTED IN DISTRICT OF
COLUMBIA
LAWYERS ••ALSO ADMITTED IN NEW YORK
May 21, 1993
Mr. Mohammad Mostahkami
City of Arcadia
240 W. Huntington Drive
Arcadia, California 91007
RE: SARE/Medical Office Building
Our File No. 15406-004
Dear Mohammad:
Enclosed is an Easement Deed, executed and notarized.on behalf of Santa Anita Realty
Enterprises, Inc. conveying to the City of Arcadia the Storm Drain Easement which we have
been discussing for such a long time. I also enclose a copy of a Corporate Resolution
authorizing the execution of this document.
You are authorized to use this document when you have delivered to me a quitclaim
conveying to Santa Anita Realty whatever interest the Los Angeles Turf Club conveyed to the
City of Arcadia under the 1985 deed which started this whole situation. If the City is
uncomfortable conveying that interest to Santa Anita Realty rather than the Los Angeles Turf
Club, the Quitclaim can be to the Los Angeles Turf Club, who in turn will convey it to Santa
Anita Realty.
Thank you for patience which you have exhibited throughout this matter. If you have
any questions concerning this, please do not hesitate to contact the undersigned.
V- - truly yours,
even A. McHolm
Enclosure
cc: •Glenn L. Carpenter
052193/12925.1
19100 VON KARMAN • 8th FLOOR • IRVINE, CALIFORNIA 92715 • 714-955-2900 • FAX: 714-955',9009
POST OFFICE BOX 19613 • IRVINE, CALIFORNIA 92713-9613
Ga.L" °'i .
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J rn.7 �' rWIn3
July 6, 1993
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TO: ARCADIA CITY COUNCIL •
FROM: PUBLIC WORKS DEPARTMENT /
JOSEPH R. LOPEZ, DIRECTOR OF PUBLIC WORKS
SUBJECT: RECOMMENDATION TO QUITCLAIM A GRANT OF EASEMENT FROM LOS
ANGELES TURF CLUB AND ACCEPT A GRANT OF EASEMENT FROM
SANTA ANITA REALTY ENTERPRISES, INC. FOR OPERATION AND
MAINTENANCE OF MISCELLANEOUS TRANSFER STORM DRAIN NO.
1097 IN HUNTINGTON DRIVE
GENERAL INFORMATION
In 1985, the City of Arcadia constructed a 33 inch diameter storm
drain to facilitate removal of storm water from Huntington Drive
and a portion of the race track parking lot area. The drain
extends 1, 300 feet from Arcadia Wash to Civic Center Place and is
located in an easement on the westerly side of west bound
Huntington Drive between the Methodist Hospital and the Medical
Office building.
An easement for the construction and maintenance of this storm
drain was granted to the City by the Los Angeles Turf Club and
recorded in. April 1985 (copy attached) . Following construction,
and to assure future operation and maintenance of this facility,
the City conveyed, by Resolution No. 5316, our rights in this storm
drain improvement to the Los Angeles County Flood Control District.
By prior agreement with Los Angeles County, this conveyance process
assures maintenance and repair of the majority of storm drains in
the City.
Subsequent processing of the conveyance documents revealed that the
recorded easement document was not in compliance with. the County's
requirements, and furthermore, that the Los Angeles Turf Club, as
operators of the race track, did not own the affected property and
could not legally grant the easement. In order to resolve this
matter and complete the transfer of maintenance to Los Angeles
County, it will be necessary for the City to Quitclaim the original
easement rights to the Los Angeles Turf Club (copy attached) and
concurrently execute a new easement document (copy attached) with
Santa Anita Realty Enterprises, Inc. (fee owner of Santa Anita Race
Track) .
RECOMMENDATION
It is recommended that the City Council: I -
1. Authorize the Mayor and City Clerk to execute and record
the attached Quitclaim Deed, in a form approved by the
City Attorney, to Los Angeles Turf Club, relinquishing
LASER IMAGED .
all rights and interests in that certain storm drain
easement as described in Corporation Grant Deed recorded
April 4, 1985, as Instrument No. 85-496508.
2 . Authorize the Mayor and City Clerk to accept and sign the
attached Easement Deed, in a form approved by the City
Attorney, granted by Santa Anita Realty Enterprises, Inc.
establishing a storm drain easement over certain real
pro ert =s •escribed in said easement document.
•k APPROVED:
DON•LD R. DrCKWORTH
CITY MANAGE'
JRL:DAS:mlo
Attachments
•
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SANTA ANITA REALTY ENTERPRISES, INC.
CERTIFIED COPY OF MINUTES
I, Donald G. Herrman, certify that I am the duly elected
and qualified Secretary' of Santa Anita Realty Enterprises, Inc.
(the "Corporation") and I further certify that the following is- a
true and correct copy of resolutions adopted by the Board of
Directors on December 12, 1991. I further certify that the
following resolutions have not been modified or amended and are in
full 'force and effect.
RESOLVED, that the Board of Directors hereby authorizes
any two officers to execute all documents necessary to
conduct the day-to-day business of the Corporation, which
would include but not be limited to construction
contracts, purchase orders, supply contracts, contracts
for professional services, etc. ; and
FURTHER RESOLVED, that any officer in conjunction with
Glenn L. Carpenter, President and Chief Executive
Officer, is hereby authorized to execute all documents
relating to tenant occupancies which would include but
not be limited to leases, lease terminations, lease
amendments, etc.
Dated: May 12, 1993
•onald G. Herrman
Vice President - Finance
Secretary
{
RECORDING REQUESTED BY AND MAIL TO:
City Clerk
City of Arcadia
P.O. Box 60
Arcadia, California 91007
(Space for Recorder's Use)
EASEMENT DEED
For valuable consideration, receipt of which is hereby acknowledged, Santa Anita Realty
Enterprises, Inc., a Delaware corporation, (hereinafter, the "Grantor"), does hereby grant to
CITY OF ARCADIA, a municipal corporation, its successors and assigns (collectively, the
"Grantee"), a perpetual easement to construct, reconstruct, operate, and maintain a covered
storm drain and appurtenant structures in, on, over and across the real property (hereinafter, the
"Easement Area") in the City of Arcadia, County of Los Angeles,State of California, described
as follows:
That portion of Parcel 1, Parcel Map No. 15852, as shown on map filed
in Book 179, pages 93 and 94, of Parcel Maps, in the office of the Registrar
Recorder of the County of Los Angeles, and those portions of Lot 5, Tract No.
949, as shown on map filed in Book 17, page 13, of Maps, in the Office of said
Registrar-Recorder, within a strip of land 15 feet wide, the southeasterly sideline
of said strip being described as follows:
Beginning at the intersection of the northwesterly side line of Huntington
Drive, 80 feet wide, as shown on said map of Parcel Map No. 15852, with the
easterly side line of that certain 40-foot-wide strip of land described in "PARCEL
53" in a Final Order of Condemnation, had in Superior Court Case No. 658,715,
a certified copy of which was recorded on September 6, 1956, as Instrument No.
3173, in Book 52232, page 189, of Official Records, in the office of said
050692/1471.1 -
Y.
Registrar-Recorder; thence northeasterly along said northwesterly side line of
Huntington Drive, 1350.00 feet.
EXCEPTING therefrom that portion lying within said certain 40-foot-wide
strip of land.
•
Together with the further right to enter upon and to pass and repass over and along the
Easement Area for purposes incident to the rights granted herein and to deposit tools,
implements, and other materials thereon, by Grantee, its officers, agents, and employees, and
by persons under contract with it and their employees, whenever and wherever necessary for the
purposes above set forth; provided, however, that Grantee shall in all events exercise its rights
hereunder in a responsible manner so as to minimize any inconveniences to the Grantor.
Grantor and Grantor's agents shall not obstruct or interfere with the Grantee's exercise
of its rights granted herein.
The right is reserved to the Grantor, its affiliates, successors and assigns, to construct,
reconstruct, maintain, and operate any building, structure, or other improvements on, over, and
across the Easement Area subject to the condition that Grantor, its affiliates, successors, or
assigns, shall not perform or arrange for the performance of any construction Or reconstruction
work on any building, structure, or other improvement located in the Easement Area until the
plans and specifications for such construction or reconstruction work. shall have first been
submitted to and approved in writing by Grantee, which written approval shall not be
unreasonably delayed, nor shall it be withheld if(i) the proposed improvements will not interfere
with the normal operation and maintenance of the covered storm drain and appurtenant
structures; and (ii) the total load imposed by any such proposed building, structures, fill, other
050692/2471.1 -2-
improvements, and the existing overburden shall not exceed the sum of the design earth loads
plus a live load of an H-20 loading as defined in the Standard Specifications for Bridges; adopted
by the American Association of State Highway Officials, Tenth Edition. Should Grantee, in the
exercise of any of the rights acquired herein, remove or damage any landscaping or any
improvements existing as of the date hereof or constructed under written approval of the
i
Grantee, said Grantee shall restore or compensate the owner or such landscaping or .
improvements for same. Grantee shall indemnify, defend and hold harmless Grantor, its
affiliates, successors, assigns, officers, directors and shareholders, agents and attorneys from any
and all loss, claim, injury or damage arising out of or related to Grantee's use of the Easement
Area or exercise of any rights related thereto and created herein.
Dated: S— i 2--S3 "Grantor"
SANTA ANITA REALTY ENTERPRISES,
INC., a Delaware corporation
By:
Name: 6.2 649Y L
Its: P.rers I cEO
B � , , % •
N• -• iboty ALO G tiekkALJ
Its: VP F c4. lcFo
Dated: "Grantee"
CITY OF ARCADIA, a Municipal
corporation
By:
Name:
Its:
050692/2471.1 -3-
By:
Name:
Its:
' 050692/2471.1 -4-
State of California )
County of Orange ) •
On May 12, 1993, before me, Cindy L. Smith, Notary Public,
personally appeared Glenn L. Carpenter, President and Chief
Executive Officer, and Donald G. Herrman, Vice, President-
Finance/Secretary, personally known to me to be the persons whose
names are subscribed to the within instrument and acknowledged to
me that they executed the same in their authorized capacities, and
that by their signatures on the instrument the persons, or the
entity upon behalf of which the persons acted, executed the
instrument.
WITNESS my hand and official seal. '^.;, CNN Maley Mk-Golftmlo
MOMS ;CONN
Signature
(Seal)
RECORDING REQUESTED BY •
AND WHEN RECORDED MAIL THIS DEED AND,UNLESS
OTHERWISE SHOWN BELOW,MAIL TAX STATEMENTS TO:
NAME [SANTA ANITA REALTY ENTERPRISES, INCJ •
•
STREET c/o Paone, Callahan, McHolm & Winton
ADDRESS 19100 Von Karaman Avenue, 8th Floor
Irvine, California 92715
ore. Attention: Steven A. McHolm
STATE
ZIP ! I
•
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ALL
PTN Title Order No.
Escrow or Loan No.
THE UNDERSIGNED GRANTOR(s) DECLARREEUITCLAIM DEED(s)
DOCUMENTARY TRANSFER TAX is$ 0
CITY TAX$
21 computed on full value of property conveyed, or
❑ computed on full value less value of liens or encumbrances remaining at time of sale,
❑ Unincorporated area: ER City of Arcadia ,and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE CITY OF ARCADIA, a Municipal corporation
hereby remisesreleasesand forever quitclaimsto
LOS ANGELES TURF CLUB, INC., a California corporation and SANTA ANITA REALTY ENTERPRISES, INC.,
a Delaware corporation
the following described real property in the City of Arcadia
County of Los Angeles ,State of California:
That portion of Lot 5, Tract No. 949 as-per Map recorded in Book 17, page 13 of Maps in the Office of
the Recorder of Los Angeles County described as follows:
Beginning at the point of intersection of the westerly right-of-way line of Huntington Drive (Westbound
and the northerly line of the Los Angeles County Flood Control District easement per official
records 52232-0198; thence northeasterly along aforementioned westerly right-of-way lineof
Huntington Drive a distance of 1,350.00 feet; thence northwesterly 15 feet at right angles to said
westerly right-of-way line of Huntington Drive; thence southwesterly parallel with said westerly
right-of-way line of Huntington Drive to aforementioned northerly line of the Los Angeles County
Flood Control District easement; thence southeasterly along last mentioned northerly line to the
. point of beginning.
TOGETHER WITH ANY AND ALL OTHER RIGHTS AND INTERESTS GRANTED TO THE CITY OF ARCADIA PURSUANT TO
THAT CERTAIN CORPORATION GRANT DEED RECORDED ON APRIL 4, 1985 AS INSTRI/ERY NO. 85-496508,
•
1
•
l
THE CITY OF ARCADIA, a Municipal corploration
Dated • By:
Its:
STATE OF CALIFORNIA
COUNTY OF SS
On before me.the By:
•
undersigned.a Notary Public in and for said State.personally oppearea Its:
•
•
•
personally
known to me(or provea to me on the basis of satisfactory evidence)to be
the person whose name
subscribed to the within
instrument and acknowledged that
executed the same
WITNESS my Nana ona official seal.
Signature
•
•
(This area for official notarial sear
TT-1Q4(Rev. 10/87) MAIL TAX STATEMENTS AS DIRECTED ABOVE.
0 RECORDING REQUESTED P '
55 ; 496508
AND WHEN RECORDED I,AIL THIS DEED AND. UNLESS OTHER. RECORDED IN OFFICIA 'ECO'
WISE SHOWN BELOW, MAIL TAX STATEMENTS TO: E CORDER'S r_I ^
LO R �� ..COUNTY
NAME E City Clerk 7 ALfFif�..-_
MIN.
ADDRESS City y PT 3 • P.M.APR 4 195
of Arcadia .��'�
CITY s P. O. Box 60
STATE Arcadia, CA 91006
ZIP I_ J
Title Order No. Escrow No. FREE
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Corporation Grant Deed , I 2'
The undersigned declares that the documentary transfer tax is $ and is
❑ computed on the full value of the interest or property conveyed, or is
❑ computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. The land.
tenements or realty is located in
❑ unincorporated area F city of Arcadia, California and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Ns Los Angeles Turf Club, Inc. ("Corporation")
a California Corporation
a corporation organized under the laws of the State of Cal i forni a
hereby GRANT(S) to
the. City of Arcadia, a Municipal Corporation , a storm drain easement, over
the following described real property in the City of Arcadi a
County of Los Angeles . state of California: �
Section 1. The public interest and convenience require and it is
the intention of the City Council of the City of Arcadia, County of Los
Angeles, State of California to accept a grant of easement from the Los
Angeles Turf Club Inc. for the purpose of installing and maintaining a covered
storm drain and appurtenant structures and access for storm drain maintenance
purposes in, over and across the following described real property in the City
of Arcadia, County of Los Angeles; State of California, more particularly
described as follows:
That portion of Lot 5, Tract No. 949 as per map recorded in' Book
17, page 13 of Maps in the Office of the Recorder of Los Angels County
described as follows:
Beginning at the point of intersection of the westerly right-of-
way line, of Huntington Drive (Westbound) and the northerly line of the Los 19
Angeles County Flood Control District easement per official records 52232-
0198; thence northeasterly along aforementioned westerly right-of-way line of .I
Huntington Drive a distance of 1,350.00 feet; thence northwesterly 15 feet at l�
right angles to said westerly right-of-way line of Huntington Drive; thence
southwesterly parallel with said westerly right-of-way line of Huntington
Drive to aforementioned northerly line of the Los Angeles County Flood Control
•
District easement; thence southeasterly along last mentioned northerly line to
the point of beginning.
c.
Section 2. In granting this easement, Los Angeles Turf Club Inc. ,
agrees not to construct or allow the construction of any obstruction or
improvement over the above described easement without first obtaining written
permission from the City of Arcadia or their successor in interest.
PRONE F T E. CALLAHAN STEVEN A. McHOLM
S',', K. HORI' KATHLEEN CAROTHERS PAONE
CALLAHAN RAYMOND KING TIM PRONE
T JOHN LEHR'• DANIEL K.1 WINTON
,Q�MCHOLM IRENE E.ZIEBARTH•l]V VWINTON - •ALSO ADMITTED IN DISTRICT OF
COLUMBIA
LAWYERS ••ALSO ADMITTED IN NEW YORK
1
May 21, 1993
•
Mr. Mohammad Mostahkami
City of Arcadia
240 W. Huntington Drive
Arcadia, California 91007
RE: SARE/Medical Office Building
Our File No. 15406-004
Dear Mohammad:
Enclosed is an Easement Deed, executed and notarized.on behalf of Santa Anita Realty
Enterprises, Inc. conveying to the City of Arcadia the Storm Drain Easement which we have
been discussing for such a long time. I also enclose a copy of a Corporate Resolution
authorizing the execution of this document.
•
You are authorized to use this document when you have delivered to me a quitclaim
• conveying to Santa Anita Realty whatever interest the Los Angeles Turf Club conveyed to the
City of Arcadia under the 1985 deed which started this whole situation. If the City is
uncomfortable conveying that interest to Santa Anita Realty rather than the Los Angeles Turf
Club, the Quitclaim can be to the Los Angeles Turf Club, who in turn will convey it to Santa
Anita Realty.
Thank you for patience which you have exhibited throughout this matter. If you have
any questions concerning this, please do not hesitate to contact the undersigned.
V- --• truly yours,
4
even A. McHolm
Enclosure -
cc: Glenn L. Carpenter
052193/12925.1
19100 VON KARMAN • 8th FLOOR • IRVINE, CALIFORNIA 92715 • 714-955-2900 • FAX: 714-955-9009
POST OFFICE BOX 19613 • IRVINE, CALIFORNIA 92713-9613
aSBb -3
Azifif;e:, 36' V 17 .
w.
•� Memorandum
A � �!!
\ATE/ Date: June 23 , 19 9 3
TO: Mayor and City Council
FROM: City AttorneyI
SUBJECT: Second extension of agreement to continue hearings re
hillside development- Martin property
The attached items pertain to an agreement between the City and the
sole property owner in the remaining hillside area where
development is possible. The background for this process is
summarized in, the attached report to Council dated November 12,
1992 .
The initial agreement called for a continuance to March 9, 1993
followed by an extension to July 13 , 1993 . The current request
continues the process until January 11, 1994, subject to the
underlying agreement which protects the City and preserves
discretionary authority with regard to the continued text amendment
and zone change process.
The Planning Department recommends approval. I have approved
Amendment No. 2 as to form.
Recommended Action: Approve Amendment No. 2 to Agreement for
Continuance of Public Hearing and authorize Mayor to sign.
cc. Acting Planning Director
City Manager
- I'-
zt s3
BROWN, WINFIELD & CANZONERI
INCORPORATED
ATTORNEYS AT LAW
CALIFORNIA PLAZA •
300 SOUTH GRAND AVENUE, SUITE 1500
LOS ANGELES, CALIFORNIA 90071-3125
TELEPHONE:
(213) 687-2100
•
TELECOPIER: June 17, 1993 FILE NO:
, (213) 687-2149
DIRECT DIAL NO:
•
VIA FACSIMILE AND MAIL f i !r �
Michael H. Miller, Esq. ...•� JUN
z. 1993
City Attorney F z
City of Arcadia k•-- _.....�,.-__
240 W. Huntington Drive •
Arcadia, CA 91007 •
Re: Second Extension of Agreement Between City and W.
Lawson Martin III
Dear Mr. Miller:
On behalf of my clients, W. Martin Lawson III and Annette
Martin, I am hereby requesting a second extension to the Agreement
to Continuance of Public Hearings dated November 18, 1992, subject
to all the terms and conditions of said Agreement. Pursuant to
Amendment No. 1 to the Agreement, the public hearings for City Zone
Change 92-003 and City Text Amendment 92-006 were continued to July
13, 1993. As you are aware, my clients, along with their. engineer,
have been working with the Planning Department and require
additional time to finalize plans and meet with the homeowners to •
discuss the proposed development of the subject property. We
request an extension of the public hearings for six months to
January 11, 1994, to accomplish the goals and objectives of the
Agreement. Upon approval of the extension, my clients and I will
execute Amendment No. 2 to the Agreement as attached hereto.
Thank you for your courtesy in this matter.
Sincerely,
BROWN, WINFIELD & CANZONERI, INC.
•
°---7A/c. u
Mark W. Steres
MWS:cc
Encl.
cc: Ms. Donna Butler, Acting Director of Planning
Mr. Lawson Martin III
Mr. Rick Shroads
K:\DOGS\SEC\STERES\Miller.L LASER 11G r
•
AMENDMENT NO. 2
TO AGREEMENT TO CONTINUANCE OF PUBLIC HEARINGS
This Amendment to Agreement ("Amendment") is made as of
, 1993 , by and between the City of Arcadia
("City") , and W. Lawson Martin III and Annette Martin ("Martin") ,
with reference to. the following facts:
A. City and Martin entered into that certain Agreement to
Continuance of Public Hearings (the "Agreement") dated as of
November 18, 1992, continuing the public hearings for City Zone
Change 92-003 and City Text Amendment 92-006 to March 9, 1993.
B. City and Martin desire to amend the Agreement to extend
the public hearing continuance to January 11, 1994.
NOW, THEREFORE, the parties hereto hereby agree as
follows:
1. The public hearings for City Zone Change 92-003 and
City Text Amendment 92-006 shall be continued to January 11, 1994
and that anywhere the term "Continuance" appears in the Agreement
shall mean January 11, 1994.
2. Except as expressly modified by this Amendment, the
Agreement shall remain unmodified and in full force and effect.
K:\DOGS\SEC1STERES\0729AABB.CzJ2 -1- 06117/93-1
LASER IMIAr717-
WHEREFORE, this Amendment has been executed and entered
as of the date set forth hereinabove.
ATTEST: CITY OF ARCADIA
City Clerk, City of Arcadia
By:
Joseph Ciraulo
APPROVED AS TO FORM: Mayor, City of Arcadia
Michael Miller,
City Attorney for the City of MARTIN
Arcadia
William Lawson Martin III
BROWN, WINFIELD & CANZONERI,
INC.
By:
Mark W. Steres Annette Martin -
Attorneys for Martin
K:IDOCS\SEC\STBRES\0729AABB.C7f2 -2- 06/17/93-1
LASER IMAGED
wow : Mentota Jum
..
• /e�i�=r� •�
Dates November 12. 1992
TO: HONORABLE MAYOR AND CITY COUNCIL
FROMs MICHAEL H. MILLER ATTORNEY CITY A �'1 �y� 1
WILLIAM WOOLARD, PLANNING DIRECTOR WW1
SUBJECT: AGENDA ITEM NO. 6b - AGREEMENT WITH W. LAWSON MARTIN
III TO CONTINUE PUBLIC HEARINGS REGARDING TA 92-006 AND
Z 92-003 REGARDING RESIDENTIAL HILLSIDE SINGLE FAMILY
ZONE
Approximately 2 years ago the City invoked an interim zoning
ordinance to moratorium mountain development pending study of
possible revisions to the City's current RM permit and existing
zoning. This study was not prompted by any specific development
application or the expressed intent of any developer with regard
to the remaining hillside development area. It was based on the
City's experience with the current ordinance, certain seismic
considerations and other factors. The moratorium was lawfully
extended pursuant to California Law and it is now near its
deadline. (December 3, 1992) Proposed revisions are reflected by
recommended Zone Change 92-003 and Text Amendment 90-006 which were
scheduled for hearing before the Planning Commission at the meeting
of November 10, 1992.
•
After notice of the proposed zone change and text amendment the
only private property owner who has any current rights to develop
the property came forward and expressed interest through his legal
counsel to meet and confer with the Planning staff and review
possible specific development plans. It is possible that this
specific process can lead to a potential better development that
can be tailored to accommodate the City's interest. The Planning
Director recommends that this process be commenced.
The moratorium cannot be extended. In order to accommodate the
proposed process an agreement has been prepared by the City
Attorney Office after negotiations with the owner to "continue the
public hearing process. " The attached agreement is designed to
allow for a meet and confer process without prejudice to the City
or the property owner. The property owner agrees that he has no
vested right by virtue of this continuance, and that the City may
indeed continue to process Zone Change 92-003 and Text Amendment
92-006 after the continuance. The agreement indicates that it is
in the public interest to pursue this process before we go forward
with the existing recommendations or possible revised
recommendations. It also guarantees that the owner will not file
any application or seek any permit pending the continuation of the
public hearing process.
// /
I , (
At the last Planning Commission meeting, the hearing was opened and
a motion to continue was adopted with a recommended date of March
9, 1993 subject to City Council approval of the agreement and the
owner's concurrence.
The wording of the agreement is still under negotiation and should
be in final form for distribution to the Council on Monday,
November 16th.
RECOMMENDATION: That the City Council approve the agreement and
authorize the Mayor to sign after approval as to form by the City
Attorney.
Attachment
c: City Manager
-2-
LASE IMAGED
City of fircadia
111 r
2 2 1993 I a
.,
L') ; Memorandum
,CITY ATM NPv =)r=,=,r'
June 22, 1993
TO: Mike Miller, City.Attorney
_fitO
FROM: 4,Jim Kasama, Planning Department /
SUBJECT: Extension of Agreement to Continuance of Public Hearings with W.
Lawson Martin III and Annette Martin regarding TA 92-006 and Z 92-003.
The attorney for the Martins has submitted a request to extend the above mentioned
Agreement for six months to January 11, 1994.
The Agreement was entered into to accommodate the Martins who are the owners of
the only private property in the hillside area with current rights to develop and that
would be affected by TA 92-006 and Z 92-003. The Text Amendment and Zone Change
were initiated after a two year moratorium during which updated zoning and
subdivision methods and current seismic considerations were reviewed and new
regulations were drafted to replace the out of date R-M regulations.
The owners approached the City after public notice of the proposed Text Amendment
and Zone Change. Through their legal counsel, the owners expressed an interest to
work with the City and the surrounding residents on a possible specific development
plan. This process has the potential for arriving at a development that can be tailored
to accommodate all interested parties. Therefore, the City agreed to the continuance
of the public hearings. ,
The Agreement accommodated the requested process without prejudice to the City or
the owners. It was agreed that the owners have no vested rights by virtue of the
Agreement or continuance of the public hearings, and that the City may indeed
continue and proceed with the Text Amendment and Zone Change. Furthermore,
the Agreement indicates that this process is in the public interest and guarantees that
the owners will not file any applications or seek any permits pending the
continuation of the public hearings.
The owners, through a civil engineer, have 'submitted a preliminary development
proposal and have met with City staff twice for various discussions and revisions.
This second extension is requested to provide time for the owners and their engineer
to meet with the Highland Homeowners Association and to finalize the plans.
I recommend approval of the extension since it will maintain the same protections,
provisions and understandings. If you have any questions, my extension is 225.
Thanks.
i
LASER 1MAG .D
LA - -
1 1
AMENDMENT NO. 2
TO AGREEMENT TO CONTINUANCE OF PUBLIC HEARINGS
This Amendment to Agreement ("Amendment") is made as of
, 1993, by and between the City of Arcadia
("City") , and W. Lawson Martin III and Annette Martin ("Martin") ,
with reference to the following facts:
A. City and Martin entered into that certain Agreement to
Continuance of Public Hearings (the "Agreement") dated as of
November 18, 1992, continuing the public hearings for City Zone
Change 92-003 and City Text Amendment 92-006 to March 9, 1993 .
B. City and Martin desire to amend the Agreement to extend
the public hearing continuance to January 11, 1994.
NOW, THEREFORE, the parties hereto hereby agree as
follows:
1. The public hearings for City Zone Change 92-003 and
City Text Amendment 92-006 shall be continued to January 11, 1994
and that anywhere the term "Continuance" appears in the Agreement
shall mean January 11, 1994 .
2 . Except as expressly modified by this Amendment, the
Agreement shall remain unmodified and in full force and effect.
K:\DOCS\SEC\STERES\0729AABB.CZ/2 -1- 06/17/93-1
•
WHEREFORE, this Amendment has been executed and entered
as of the date set forth hereinabove.
ATTEST: CITY OF ARCADIA
Ci Clerk, Cit •f Arca is
BY: lilt /ft Jost h Cirs
aulo
APPROVED AS TO FORM: Mayor, pity of Arcadia
(#11,(_2,e/ )12C11?
Michael Miller,
City Attorney for the City of MARTIN
Arcadia
/// ;-
/r �•
William Lawson Martin III
BROWN, WINFIELD & CANZONERI,
INC.
By: a-/ -60,
iii/
Mark W. Steres An f" r Martin
Attorneys for Martin
K:\DOCS\SEC\STERES\0729AABB.CZ/2 -2- 06/17/93-1