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HomeMy WebLinkAboutJuly 6, 1993/`,t • ~~ c y- Pre-meetiag 6:30 - Refuse and Recycling A G S N D A • 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 Y • . • 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 - 2 - AGENDA 7/6/93 + ~ ~ ~' ~~ 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 - 3 - AGENDA 7/6/93 t , 7; ~; - 7 • . 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 8 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~ - 4 - AGBNDA 7/6/93 _' I 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. - I 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 • 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 • • • 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 - y c ` 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: • 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. • - I 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 . ),n . J rn.7 �' rWIn3 July 6, 1993 • 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 • C 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