HomeMy WebLinkAbout2024-11-26 - RESOLUTIONS - REAL PROPTY TRSFR AGMT LAURENE F WESTE FOR DOCKWEILER DR EXTENSION PROJOno
RESOLUTION NO.24-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, APPROVING A REAL PROPERTY TRANSFER AGREEMENT BETWEEN
LAURENE F. WESTE IN HER PERSONAL AND PRIVATE CAPACITY, AND THE CITY
FOR THE DOCKWEILER DRIVE EXTENSION PROJECT, MAKING FINDINGS OF
CONSISTENCY PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WITH THE DOCKWEILER DRIVE EXTENSION PROJECT EIR AND THE ADDENDUMS
TO THAT EIR, AND TAKING RELATED ACTIONS
WHEREAS, the City of Santa Clarita (City) plans to undertake the extension of
Dockweiler Drive (the Dockweiler Drive Extension Project). The Dockweiler Drive Extension
Project is a multi -phased capital improvement project coordinated by the City and The Master's
University to improve circulation and access to the Placerita Canyon and Newhall communities
in the City. The Dockweiler Drive Extension Project will extend Dockweiler Drive from the
existing terminus to Railroad Avenue at 13th Street thereby creating a vital link between the
communities to the east of the railroad/Newhall Creek (including The Master's University) and
Old Town Newhall and Newhall Metrolink Station; and
WHEREAS, in connection with the Dockweiler Drive Extension Project, the City
proposes to construct a pedestrian and bicycle pathway and bridge south of Dockweiler Drive
00% that will cross over Newhall Creek to connect with the northwest end of the Newhall Metrolink
Station parking lot, located to the south of the proposed Dockweiler Drive roadway extension
(the Bike Path Project). The Bike Path Project is more fully described in the City's Addendum
to the Dockweiler Drive Extension Project Environmental Impact Report (EIR); and
WHEREAS, the City must assemble property for the construction of the Dockweiler
Drive Extension Project, including the Bike Path Project by acquiring certain properties that
were identified in the Dockweiler Drive Extension Project EIR as being within the preferred
roadway alignment of the Project; and
WHEREAS, the City will be entering into an Agreement for Real Property Transfer
between the County of Los Angeles (County) and the City by which the City will, among other
properties, acquire Lyons Avenue (an undeveloped "paper street") from its intersection with
Placerita Canyon Road and along the southerly side of Placerita Canyon Road to its southerly
terminus at the Los Angeles County Metropolitan Transportation Authority (LACMTA) railroad
right of way; and
WHEREAS, Ms. Laurene F. Weste is the owner of several parcels of land located on the
south side of Placerita Canyon Road easterly of 12th Street and on which she maintains a home,
animal kennels and leases a portion of her land to a plant nursery (the Weste Land); and
WHEREAS, a portion of the Weste Land is located within the planned alignment and
proposed right of way for the extension of Dockweiler Drive, and in order to complete the
OEM Dockweiler Drive Extension Project, the City must acquire certain real property interests
consisting of permanent easements for street and drainage purposes, slope easements, and
temporary construction easements to facilitate the construction of the Dockweiler Drive
13001-0007\3027317v5.doe Page 1 of 5
Extension Project (the Weste Easements) on the Weste Land; and
WHEREAS, in compliance with California conflict of interest laws, Ms. Weste has
recused herself as a councilmember in matters involving the Dockweiler Drive Extension
Project, including discussions, negotiations and consideration of an agreement between the City
and Ms. Weste for the City to acquire the necessary Weste Easements located on the Weste
Land. Discussions and negotiations between the City and Ms. Weste, in her private capacity and
as a landowner, have occurred between her, her attorney, and the City's special counsel for this
Project. With her recusal as a councilmember, and pursuant to written advice issued by the
California Fair Political Practices Commission, the City is permitted enter into a proposed land
swap agreement with Ms. Weste; and
WHEREAS, the City desires to convey the portion of the real property acquired by City
from the County (the City Land) to Ms. Weste and vacate portions of Lyons Avenue on that City
Land, in exchange for Ms. Weste's conveyance to City of the Weste Easements on a portion of
the Weste Land and payment to City of the amount by which the appraised fair market value of
the City Land being conveyed to Ms. Weste exceeds the appraised fair market value of the Weste
Easements being conveyed to the City (the Weste Exchange Payment), and Ms. Weste desires to
complete such exchange with City, upon and subject to the terms and conditions of the
Agreement of Real Property Transfer between the City and Ms. Weste; and
WHEREAS, Ms. Weste resides on, and operates a farm on, the Weste Land, wherein she
maintains horses, dogs and other animals. In connection with Ms. Weste's farm operation, Ms. O"
Weste maintains animal corrals, dog kennels, a dog run and other facilities. She also maintains
cargo container units in which she stores historical records and artifacts. The easterly portion of
the Weste Land is used as a plant nursery and contains water pipes, valves, lines and other
irrigation systems and equipment that is used in the operation of the plant nursery. The City's
acquisition of the land within the Weste Easements will require the relocation of some of the
animal corrals, dog kennels and other components of Ms. Weste's farm operation, require the
relocation of some of the cargo containers, and also require the relocation of plant material and
the reconfiguration of water lines, valves and other irrigation systems for a portion of the land
occupied by the plant nursery; and
WHEREAS, the City and Ms. Weste have negotiated the Agreement of Real Property
Transfer between the City and Ms. Weste, which is a land swap agreement by which the City
Land will be conveyed to the Ms. Weste, the Weste Easements will be conveyed to the City, Ms.
Weste will pay the City the difference in appraised fair market value, and the City will reimburse
Ms. Weste for expenses to relocate equipment, materials and utilities out of the Weste
Easements, and the parties will take related and implementing actions necessary to carry out
those property exchanges; and
WHEREAS, on April 10, 2018, the City Council certified the Final Environmental
Impact Report for the Dockweiler Drive Extension Project (State Clearinghouse No.
2013082016) by way of City Council Resolution No. 18-10, and approved the Extension Project
by way of City Council Resolution 18-11; and
WHEREAS, staff has reviewed the proposed Agreement of Real Property Transfer
between the City and Ms. Weste with respect to the applicability of the California Environmental
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Quality Act (Public Resources Code Section 21000 et seq.) (CEQA) and also considered a
separate County prepared Addendum to the Dockweiler Drive Extension Project EIR which
evaluated the impacts of the Agreement of Real Property Transfer between the City and the
County, including the relocation of the County's Placerita Maintenance Yard onto City Property
on Norland Drive, which County prepared Addendum was approved by the County Board of
Supervisors as Agenda Item No. 46 on its Regular Meeting of November 6, 2024. The findings
contained in the Staff Report for this agenda item, with respect to the approval of the Addendum
and the information, content, and analysis contained in that Addendum is incorporated herein by
this reference as the evidence to support the City Council's determinations that the actions taken
by this Resolution are within the scope of the EIR for the Dockweiler Drive Extension Project,
and that pursuant to State CEQA Guidelines Section 15164, only minor changes to the EIR were
required and that none of the conditions described in State CEQA Guidelines Section 15162 have
occurred; and
WHEREAS, on September 20, 2024, the City's Community Development Director
determined, pursuant to Government Code Section 65402, that the property acquisition and
dispositions contained within and provided by the Agreement of Real Property Transfer between
the City and the Ms. Weste are in conformance with the City's General Plan; and
WHEREAS, by separate resolution adopted concurrently with this Resolution, the City
Council has declared that the City Land is exempt surplus land pursuant to the Surplus Land Act
(the Act), and that the City may transfer the City Land to Ms. Weste without further regard to the
.� requirements of the Act, except for the requirement to notify the California Department of
Housing and Community Development (HCD); and
WHEREAS, by separate resolution adopted concurrently with this Resolution, the City
has summarily vacated: (i) the offer of dedication for future public road purposes in Norland
Drive, including the portion of Norland Drive through the City Property to be conveyed to the
County, (ii) Lyons Avenue from Placerita Canyon Road on the north to the Los Angeles County
Metropolitan Transportation Authority Railroad right of way on the south, and (iii) a portion of
Placerita Canyon Road" commencing on the south side of, and outside of, the 40-foot wide
portion of that Road that is used for vehicular travel, which portion begins west of Aden Avenue
at the northerly terminus of Lyons Avenue and proceeding easterly of Aden Avenue
approximately 650 feet, together with a small portion on the north side of Placerita Canyon Road
westerly of Aden Avenue, and slope easements on each side of those portions of Placerita
Canyon Road; and
WHEREAS, the accompanying agenda report, which is incorporated herein by this
reference, provides supporting information upon which the declarations and findings set forth in
this Resolution are based.
NOW, THEREFORE, the City Council of the City of Santa Clarita, California does
hereby resolve as follows:
SECTION 1. The above recitals are true and correct and are a substantive part of this
one Resolution.
SECTION 2. This Resolution has been reviewed with respect to the applicability of the
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California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (CEQA).
The City Council concurs in staff s determination that the City's Addendum to the City's
previously certified EIR (State Clearinghouse No. 2013082016) for the Dockweiler Drive
Extension Project appropriately describes and evaluates the potential environmental impacts for
the land exchange described in this Resolution. The City Council has also reviewed the separate
County prepared Addendum to the Dockweiler Drive Extension Project EIR which evaluated the
impacts of the Agreement of Real Property Transfer between the City and the County, including
the relocation of the County's Placerita Maintenance Yard onto City Property on Norland Drive,
which County prepared Addendum was approved by the County Board of Supervisors as Agenda
Item No. 46 on its Regular Meeting of November 6, 2024. The City Council further finds that all
potentially significant environmental impacts from the project have been mitigated to level of
less than significance, that such mitigation measures are part of and incorporated into the
previously adopted Mitigation Monitoring and Reporting Plan that was adopted in connection
with each above -described environmental document, and that any impacts that are not mitigated
to a level of less than significance are addressed in the Findings and Statement of Overriding
Considerations that accompanied the Final EIR for the Dockweiler Drive Extension Project,
which findings are incorporated herein as set forth in full and adopted by this provision. The City
Council makes these findings and determinations as an exercise of its independent judgment.
SECTION 3. Based on all the findings contained in this Resolution and the facts and
evidence submitted to the City Council in connection with the agenda report for this matter, the
City Council hereby approves the Agreement of Real Property Transfer between the City and
Laurene F. Weste, attached hereto as Exhibit A.
SECTION 4. The City Manager is hereby authorized to execute the Agreement of Real
Property Transfer between the City and Ms. Weste, subject to any final changes and corrections
that are determined necessary by the City Manager and City Attorney.
SECTION 5. The City Manager is authorized to execute the Certificate of Acceptance
of the Weste Easements and to cause that Certificate to be recorded concurrently with the Deed
by which the City Land is conveyed to Ms. Weste.
SECTION 6. The officers and staff of the City are hereby authorized, jointly and
severally, to do all things which they may deem necessary or proper to effectuate the purposes of
this Resolution, and any such actions previously taken are hereby ratified and confirmed.
SECTION 7. This Resolution will become effective immediately upon adoption.
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PASSED, APPROVED, and ADOPTED this 26 h day of November, 2024.
5,-
MAYOR
ATTEST:
CITY .CI.IRK I
);,-V/--411
+ !VV
DATE:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing
.r Resolution No. 24-76 was duly adopted by the City Council of the City of Santa Clarita at a
regular meeting thereof, held on the 26t' day of November, 2024, by the following vote:
AYES: COUNCILMEMBERS: Miranda, Gibbs, Smyth
NOES:
ABSENT:
RECUSE:
COUNCILMEMBERS: McLean
COUNCILMEMBERS: None
COUNCILMEMBERS
Weste
L47L'1'0W&e-z
CITY CLERK
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EXHIBIT A
AGREEMENT FOR REAL PROPERTY TRANSFER
BETWEEN THE CITY AND LAURENE F. WESTE
13001-0007\3027317v5.doc
REAL PROPERTY EXCHANGE AGREEMENT
by and between
the CITY OF SANTA CLARITA,
a California municipal corporation
and
LAURENE FRIMEL WESTE,
an individual
13001 -0007\30041 24v 16. doc
TABLE OF CONTENTS
Page
(1)
Recitals..........................................................................................................................
1
(2)
Transfer of Property.......................................................................................................
1
(3)
Total Consideration to Weste.........................................................................................
2
(4)
Delivery of Due Diligence Materials; Condition of Weste Land and City Land ...............
2
(5)
Apportionment of Property Taxes and Assessments.....................................................
4
(6)
Closing........................................................................................................
........... 4
(7)
Representations, Warranties, Covenants and Acknowledgments .................................
7
(8)
Rights and Remedies Upon Default.............................................................................
12
(9)
Binding Effect...............................................................................................................
13
(10)
Governing Law.............................................................................................................
13
(11)
Time of Essence..........................................................................................................
13
(12)
Counterparts................................................................................................................
13
(13)
Waiver..........................................................................................................................13
(14)
Construction.................................................................................................................13
(15)
Headings......................................................................................................................13
(16)
Severability ...................................................................................................................13
(17)
Brokers.........................................................................................................................13
(18)
Assignment..................................................................................................................
13
(19)
Merger..........................................................................................................................13
(20)
General Rules of Interpretation....................................................................................
14
(21)
Date of Performance....................................................................................................
14
(22)
Third Parties... .................................................................. ...........................................
14
(23)
Acceptance of the Deeds.............................................................................................
14
(24)
Notices.........................................................................................................................
14
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(25) No Modification............................................................................................................ 15
(26) Rights of the Escrow Company.................................................................................... 15
(27) Solicitation of Consideration......................................................................................... 16
(28) No Offer or Binding Contract........................................................................................ 16
Exhibits
Exhibit "A" Form of Quitclaim Deed by City to Weste (showing City Land to be
conveyed to Weste)
Form of Easement Deeds by Weste to City (showing Weste Easements
Exhibit "B" to be conveyed to City)
Exhibit "C" Form of Agreement with Nursery
Exhibit "D" City Fence Specifications
13001-0007\3004124v16.doc
REAL PROPERTY EXCHANGE AGREEMENT
THIS REAL PROPERTY EXCHANGE AGREEMENT (this "Agreement") is dated
. 2024 (the "Effective Date") and is entered into by and between
LAURENE FRiMEL WESTE, an individual ("Weste"), and the CITY OF SANTA CLARITA, a
California municipal corporation ("City"). Each of City and Weste are occasionally referred to
herein as a "Party" and collectively as the "Parties."
RECITALS
WHEREAS, the City is undertaking the extension of Dockweiler Drive (the "Project"). The
proposed Project is a multi -phased capital improvement project being coordinated by the City and
The Master's University and would extend Dockweiler Drive from its existing terminus on the east
to Railroad Avenue at 131h Street on the west.
WHEREAS, the City has entered into an agreement with the County of Los Angeles to
acquire certain real property. Such transaction is hereinafter referred to as the the "City/County
Exchange Transaction".
WHEREAS, the City desires to convey the portion of the real property acquired by City
from the County of Los Angeles that is described in Exhibit "A" (the "City Land") to Weste and
vacate portions of Lyon Avenue on that City Land, in exchange for Weste's conveyance to City of
the easements desribed in Exhibit "B" (the "Weste Easements", with the land on which such
easements are located being referred to herein as the "Weste Land") and payment to City of the
amount by which the appraised fair market value of the City Land being conveyed to Weste
exceeds the appraised fair market value of the Wests Easements being conveyed to the City (the
"Weste Exchange Payment"), and Weste desires to complete such exchange with City, upon
and subject to the terms and conditions hereinafter set forth.
WHEREAS, Weste resides on, and operates a farm on, the Weste Land, wherein she
maintains horses, dogs and other animals. In connection with Weste's farm operation, Weste
maintains animal corrals, dog kennels, a dog run and other facilities. She also maintains cargo
container units in which she stores historical records and artifacts. The easterly portion of the
Weste Land is used as a plant nursery and contains water pipes, valves, lines and other irrigation
systems and equipment that is used in the operation of the plant nursery. The City's acquisition
of the land within the Weste Easements will require the relocation of some of the animal corrals,
dog kennels and other components of Weste's farm operation, require the relocation of some of
the cargo containers, and also require the relocation of plant material and the reconfiguration of
water lines, valves and other irrigation systems for a portion of the land occupied by the plant
nursery.
WHEREAS, in connection with the land exchange described in those recitals and in
conneciton with other aspects of the Project, the City has prepared an Addendum to the previously
certified EIR for the Project pursuant to the California Environmental Quality Act and made a
General Plan consistency determination pursuant to Government Code Section 65402.
WHEREAS, the City has obtained confirmation from the California Department of Housing
and Community Development ("HCD") that the transfer of land by City described in this
Agreement is not subject to the California surplus property statutes (California Government Code
Section 54221 et seq.) and that the transfers qualifies as exempt surplus property if exchanged
as part of this Agreement.
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13001-0007\3004124v16.doc
WHEREAS, the Parties acknowledge that the City is authorized to acquire real property
by eminent domain for a public use, public street, drainage purposes, and all uses necessary or
convenient thereto, pursuant to the authority conferred upon the City of Santa Clarita by Section
19 of Article 1 of the California Constitution, Government Codes 37350, 37350.5, 37351, 40404,
California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but
not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.240, 1240.510, 1240.610,
1240.650 and by other provisions of law. If Seller and the City had not reached an agreement for
the City's purchase of the Weste Easements, City staff would have recommended to the City
Council that it consider the adoption of a resolution of necessity authorizing the initiation of
eminent domain proceedings to acquire the Weste Easements in accordance with the Eminent
Domain Law. The City Council however has the exclusive and sole discretion to make the findings
required by Code of Civil Procedure section 1240.030 for the adoption of a resolution of necessity
pursuant to the Eminent Domain Law. (Code of Civil Procedure Section 1245.220). This
Agreement is not a commitment or an announcement of intent to acquire any other real property
interests that the City may need for the Project. Weste is solely responsible for consulting its tax
advisors or seeking a letter ruling from the Internal Revenue Service regarding the applicability of
26 U.S.C. Section 1033 to Seller's conveyance of the Weste Easements to the City in connection
with the Project The City makes no express or implied representation regarding the applicability
of 26 U.S.C. Section 1033 to this transaction.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter
set forth, and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged by City and Weste, each intending to be legally bound, do hereby covenant
and agree as follows:
(1) Recitals. All the Recitals set forth above are true and accurate and are incorporated
herein by reference.
(2) Transfer of Property: Weste Transfer Payment . Weste agrees to convey roadway,
construction and slope easements (the Weste Easements) to the City and pay the'Neste Transfer
Payment to City, and City agrees to accept the Weste Easements from Weste and Weste Transfer
Payment, and City agrees to convey its interests to the City Land to Weste, and Weste agrees to
accept the City Land from the City, upon the terms, provisions and conditions set forth in this
Agreement, free and clear of all liens, assessments, and taxes allocable to the period prior to
closing, together with all of the City's right, title and interest in all of the following items in respect
of the City Land to be conveyed (collectively, "Property"):
(a) all rights, privileges, easements, appurtenances, and other estates pertaining or
appurtenant, including, without limitation, all oil, gas, air, water, and mineral rights
and all easements, rights -of -way, and other appurtenances used or connected with
the beneficial use or enjoyment of the real property (collectively, the
"Appurtenances");
(b) any and all improvements and fixtures located on the real property and
Appurtenances (collectively, the "Improvements") and together with the fee
interests and Appurtenances, the "Real Property").
Weste and City stipulate and agree that the amount of the Weste Transfer Payment is
Seventeen Thousand Dollars ($17,000.00).
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13001-000713004124v 16. d oc
(3) Total Consideration to Weste.
(a) Weste acknowledges and agrees that the City Property, and the release by the
City set forth in Section 7(b)(vii) below constitute the total consideration to Weste
for the Weste Easements, Weste Transfer Payment and the Weste release set
forth in Section 7 (a)(vii) below, including without limitation, just compensation,
lease bonus value, lost rents, business goodwill, furniture, fixtures and equipment,
pre -condemnation damages, claims of inverse condemnation, attorneys' fees,
costs, interest and any and all other damages in complete settlement of all claims,
causes of action and demands of Weste against City because of City's acquisition
of the Weste Easements and for any and all claims (known and unknown) arising
from or relating to the exchange of property that is the subject of this Agreement.
(b) Weste further agrees and acknowledges that such consideration provided by City
includes the relocation assistance and benefits to which Weste may be entitled in
connection with the relocation from the Weste Easements in accordance with the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(42 U.S.C. Section 4601 et seq.), if applicable, and under California Government
Code Section 7260 et seq. and the Relocation Assistance and Real Property
Acquisition Guidelines (Chapter 6 of Title 25 of the California Code of Regulations).
(4) Delivery of Due Diligence Materials: Condition of Weste Land and City Land. Within
ten (10) business days after the date of this Agreement, City shall deliver to Weste, and Weste
shall deliver to City, without representation or warranty, express or implied, copies the following
documents in their possession and to the extent such exist (collectively, the "Due Diligence
Materials") relating to, as to the City, the City Property, and as to Weste, the Weste Easements
and Weste Land: (i) all licenses, leases, and permits affecting or relating to the ownership,
subdivision, possession or development of their respective property or the construction of
improvements thereon, and all amendments and modifications thereto; (ii) applications and
correspondence or other written communications to or from any governmental entity, department
or agency (regarding any permit, approval, consent or authorization; (iii) the most recent survey,
if any; and (iv) any soils reports, engineering data, environmental reports, and other data or
studies provided to or otherwise. All Diligence Materials shall be provided to the other Party
without any recourse or liability of any type or nature, and each Party assumes all risk of any kind
with regard to the use of and reliance upon any of the Due Diligence Materials provided by the
other Party.
(a) Provertv Insaection: Releases. Upon written request and reasonable notice,
each Party and each Party's representatives, agents, engineers, consultants,
contractors, and designees shall have the right to enter onto the other Party's
property commencing upon mutual execution of this Agreement and continuing
until the date that is ninety (90) days thereafter (the "Due Diligence Period") for
purposes of conducting a survey, and examining, inspecting and investigating the
title, soil, subsurface soils, drainage, seismic and other geological and
topographical matters, location of asbestos, toxic substances, hazardous materials
or wastes. Representatives of the City have no need to, and will not enter, Weste's
house, barns or trailers. Each Party shall, in a timely manner, repair any and all
damage to the property entered into by such Party or representatives, agents,
engineers, consultants, contractors, and designees caused by any such inspection
or investigation described herein, to a condition substantially the same as the —}
condition prior to such inspection or investigation. Each Party shall hold harmless,
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13001-000T300412406 doc
defend and indemnify the other Party and all of the principals, members, agents
and partners of the other Party from any claim, loss, expense (including attorney's
fees), liability or cost which arises due to or out of any inspection by said Party or
any of its representatives, agents, engineers, consultants, contractors, and
designees (but not for hazardous materials merely discovered by such
inspections). The foregoing indemnity shall survive the close or the termination of
this transaction.
(b) Disaot)roval/Termination. If either Party disapproves of any of the Due Diligence
Documents for or condition of, Property it is acquiring, it may terminate this
Agreement by written notice given prior to the end of the Due Diligence Period.
Neither party shall have the right to terminate this Agreement following the
expiration of the Due Diligence Period other than due to a default of the other
Party's obligations in accordance with the terms hereof, which continues for five
(5) business days after written notice of default from the non -defaulting Party.
(c) Title Policies. Each Party may, but is not obligated, to require a standard CLTA
owners policy of title insurance ("CLTA Policy"), or equivalent form acceptable to
the requesting Party, dated as of the date the respective Deeds are recorded,
indicating title to the respective real property to be vested of record in the Party
receiving title, and containing endorsements and additional coverages as
reasonably requested by Party receiving title; provided, however, requesting Party
may elect to obtain from a title company of their choice an ALTA extended
coverage owner's policy of title insurance insuring fee title to the Real Property
vested in that Party (an "ALTA Policy"). The selected policy (whether it be a CLTA
Policy or an ALTA Policy) shall be referred to herein as the "Title Policy."
(d) Nursery. It shall be a condition to Closing in favor of the City that Weste enter into
an agreement with the nursery occupying a portion of the Weste Land that will be
subject to the Weste Easements which agreement will; (i) terminate such lease (an
oral lease) as to the Weste Land that will be subject to the Weste Easements; (ii)
has the nursery waiving all relocation rights and benefits; (iii) states that the City is
a third party beneficiary to the agreement; (iv) is substantially in the form attached
hereto as Exhibit "C" and; (v) is otherwise acceptable in form and substance to the
City. It shall further be a condition to Closing in favor of the City that the nursery
vacates the land that will be subject to the Weste Easements and removes all of
its fixtures (if any) and personal property therefrom. Weste shall defend, indemnify
and hold the City harmless from and against any and all claims for relocation
assistance or other claims against the City arising out of or in any way related to
the nursery's cessation of use and removal from the Weste Easements. The
obligations of this Section shall survive the Closing.
(e) Surplus Property Comoliance. City has consulted in good faith with the
California Department of Housing and Community Development ("HCD") and has
obtained preliminary approval and confirmation from HCD that the City Property is
exempt surplus property if exchanged pursuant to the terms in this Agreement, and
it shall be a condition to Closing that HCD confirm such exemption by submitting
the City Council's determination of exemption to HCD for formal approval and
confirmation.
(5) Apportionment of Property Taxes and Assessments.
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(a) The City shall be responsible for all real estate taxes and assessments on the City
Property ("Property Taxes"), if any, payable in respect to: (A) in the Current Tax
Year, (B) the period prior to the Closing Date, and (C) periods prior to the Current
Tax Year (property taxes and assessments as to the City Property shall be
prorated as of the Closing).
(b) Weste shall be shall be responsible for all property taxes, if any, payable as to the
Wester Property in respect to: (A) the Current Tax Year, including the portion after
the Closing Date (as City is exempt from property taxes such that none shall be
allocated to the City on the preliminary settlement statement), and (B) all periods
prior to the Current Tax Year (but any assessments as to the Weste Property shall
be prorated as of the Closing).
(c) This Section shall survive the Closing.
(6) Closing.
(a) Closing Date and Place. For purposes of this Agreement, the "Closing" shall be
defined as the date (the "Closing Date") on which the deeds in the forms attached
hereto as Exhibits "A" and "B" are recorded in the Official Records of Los Angeles
County, California. The Closing shall be conducted through an escrow (the
"Escrow") at First American Title Company, 207 Goode Avenue, Suite 410,
Glendale, CA 91203, (818) 550-2501; TeamLA@firstam.com (the "Escrow
Company"). The Closing Date shall occur on or before June 30, 2025, unless
extended in writing by the City Manager, or such earlier date as Weste and City
may agree. Time is of the essence with respect to each of the dates specified
above. All funds necessary to consummate the Closing (the "Funds") shall be
deposited into Escrow no later than one (1) Business day prior to the Closing Date.
(b) Weste's Closing Deliveries. At or before the Closing (except as otherwise set
forth herein), Weste shall execute, acknowledge and/or deliver, as applicable, the
following items into Escrow (collectively, the ' Weste's Deliveries"):
(i) The Easement Deeds in the forms attached hereto as Exhibit °B", executed
and acknowledged by Weste;
(ii) The Partial Lease Termination Agreement with the Nursery, in the form
attached hereto as Exhibit "C";
(iii) Written confirmation from Weste that the water line relocation work for the
nursery has been completed as provided by Section 7(d)(x) (The City
Manager may waive this condition provided the waiver is in writing);
(iv) The Weste Transfer Payment;
(v) A preliminary closing statement prepared by the Escrow Company,
reflecting all credits, apportionments and adjustments contemplated
hereunder (the "Closing Statement"), executed by Weste;
(vi) A Preliminary Change of Ownership form for the City Property that Weste
is acquiring; and
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(vii) Any and all other reasonable documents and funds required by the Escrow
Company to carry out and close the exchange transaction pursuant to this
Agreement.
(c) Citv's Closina Deliveries, At or before Closing, City shall execute, acknowledge
and/or deliver, as applicable, the following items into Escrow (collectively, the
"City's Deliveries"):
(i) The City's Quitclaim Deed in the form attached hereto as Exhibit "A",
executed and acknowledged by City;
(ii) City Council Resolution vacating Lyons Avenue as a public road and
vacating the slope easements in connection therewith.
(iii) A Closing Statement prepared by the Escrow Company, executed by City;
(iv) Certificate of Acceptances for the Weste Easement Deeds, duly executed
by the City and acknowledged;
(v) A Preliminary Change of Ownership form for the Weste Easements that
City is acquiring; and
(vi) Any and all reasonable documents and funds required by Escrow Company
to carry out and close the exchange transaction pursuant to this
Agreement.
(vii) Payment by the City to Weste for completion of the nursery plant relocation
and water line relocations within the time provided, and in the amount
specified in Section 7 (d)(x) and upon satisfaction of Weste's Deliveries
under Section 6 (b)(iii).
(d) Closing Expenses. At Closing, Weste shall pay all costs regarding the
satisfaction and discharge of any Liens on the Weste Land that will be subject to
the Weste Easements and the City will pay all costs regarding the satisfaction and
discharge of any Liens on the City Property. The City shall pay all escrow fees,
recording fees and the real property transfer taxes incurred or imposed on this
transaction. The City shall pay the premiums for its owner's title policy on Weste
Easements conveyed to the City and Weste shall pay the premium on its owner's
title policy on the City Land conveyed to Weste if Weste chooses to obtain title
insurance on the City Land.
(e) Parties' Conditions Precedent to Closina. Parties' obligations to consummate
the transaction contemplated by this Agreement is subject to the satisfaction of the
following conditions (the "Conditions Precedent"):
0) Closing of the City/County Exchange Transaction.
(ii) City recordation of its City Council Resolution vacating Lyons Avenue as a
public road and vacating the slope easements in connection therewith.
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13001-000713004124v 16. do c
(iii) Due performance by the Parties of each and every undertaking and
agreement to be performed by it pursuant to this Agreement, in all material
respects, and the truth of each representation and warranty made by the
applicable Party in this Agreement in all material respects at the time as of
which the same is made and as of the Closing Date as if made on and as
of the Closing Date.
(iv) Weste shall have delivered Weste's Deliveries into Escrow in accordance
with Section 7(b) above.
(v) City shall have delivered City's Deliveries into Escrow in accordance with
Section 7(c) above.
(vi) Issuance or commitment to issue the Title Policies in forms reasonably
acceptable to the insured.
In the event that any of the Conditions Precedent are not satisfied as of the Closing
Date (A) a Party may waive such applicable contingency by giving written notice
thereof to the Escrow Company and proceed with the Closing, or (B) in the
absence of such waiver, this Agreement, the Escrow, and the rights and
obligations of the Parties hereunder shall terminate, other than the Surviving
Obligations (as hereinafter defined), and neither party shall have any further right
or obligation hereunder other than the Surviving Obligations; provided, however,
that notwithstanding the foregoing, if the failure of condition is the result of a default
by Weste or City of their respective obligations under this Agreement, the
disposition of the Parties' respective rights and remedies shall be governed by
Section 10 below. "Surviving Obligations" shall mean, collectively: (X) any
indemnities and any other indemnification obligations of Weste to City, or of City
to Weste, under this Agreement that are designated by their terms to survive the
termination of this Agreement or the Closing hereunder; (Y) those costs, expenses,
and payments specifically stated herein to be the responsibility of City or Weste,
respectively, and (Z) and any other obligations by the Parties under this Agreement
that are designated by their terms to survive the termination of this Agreement or
the Closing, it being the intention of the Parties that the Parties shall nonetheless
be and remain liable for their respective obligations under clauses (X) through (Z)
above, notwithstanding the termination of this Agreement for any reason or the
Closing hereunder.
(f) Nursery Conditions to Closing. The requirements of Section 4(d) shall also be
conditions of Closing, as described therein.
(g) Escrow Comoanv Actions at Closing. At Closing, upon the Escrow Company's
receipt of (A) the City's Deliveries and the Weste's Deliveries, (B) the preliminary
Closing Statements approved and signed by City and Weste, and (C) final
authorization from each of Weste and City to proceed with Closing, Weste and City
hereby instruct the Escrow Company to:
(i) Disburse from funds deposited with the Escrow Company towards payment
of all items chargeable pursuant to this Agreement (as reflected in the
Closing Statement).
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(ii) Record the City's Quitclaim Deed (Exhibit "A") followed by the Weste
Easements (Exhibit "B") together with the applicable Certificates of
Acceptance, and deliver to the Assessor the PCORs.
(iii) Deliver the Weste Transfer Payment to City;
(iv) Deliver to Weste the payment for the nursery and water line relocation work
and in the amount specified in Section 7 (d)(x) and upon satisfaction of
Weste's Deliveries under Section S (b)(iii).
(v) Issue the Title Policies to the City and Weste.
(vi) Deliver to the Parties copies of all documents recorded at Closing by the
Escrow Company.
(h) Operation of Land Prior to the Closing Date. Between the Effective Date and
the Closing Date, Weste shall continue to operate and maintain the Weste Land in
the usual and ordinary course of business consistent with past practices and shall
take no action, and shall not cause any third party to take, any action that would
materially alter or affect the condition of the Weste Land, except the relocations of
the nursery and water lines for the nursery as specified in Section 7 (d)(x). City
shall maintain the property it is receiving from the County, and not allow County
(to extent County has any rights of use) to create a nuisance, and shall not itself
operate such property as to create a nuisance. Except for the agreement for the
nursery lease, the Parties shall not enter into, amend, or terminate any leases,
licenses or occupancy agreements without obtaining the other Party's prior written
consent, which shall be subject to that Parry's sole and absolute discretion. The
Parties shall not record any documents pertaining to the Weste Land or the City
Property. The Parties shall not enter into or amend any contract that is not
reasonably necessary for the normal operation of their respective properties and
that cannot be terminated on thirty (30) or fewer days' notice, or waive,
compromise or settle any rights of that Party under any contract or other
agreement affecting the applicable property without, in each case, obtaining the
other Party's prior written consent, which shall be subject to that Party's sole and
absolute discretion. The Parties shall keep in full force and effect all of the existing
insurance policies maintained by the applicable Party respecting their Property or
policies providing similar coverage to the existing insurance policies, if any.
(7) Representations. Warranties. Covenants and Acknowledgments.
(a) Weste Representations and Warranties. Weste represents and warrants to City,
as of the Effective Date and again as of the Closing Date, as follows:
(i) There are no pending or, to Weste's actual knowledge, threatened legal
actions or arbitrations or reference proceedings at law or in equity, affecting
the Weste Land.
(ii) Weste has not received any notice that Weste is in default of its obligations
under any declarations, reciprocal easement agreements and other similar
cross -easements, use agreements, covenants or similar agreements with
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1 3001-0007\3004124v 1 6.doc
adjacent property owners governing the use, maintenance or operation of
any part of the Weste Land.
(iii) There are no service or maintenance agreements affecting the Weste
Land.
(iv) There are no other agreements for the sale, exchange, or transfer of the
Weste Land, or any portion thereof, the City Land to be conveyed to Weste,
or the business operated thereon (except for the oral tenancy/lease
agreement with the nursery).
(v) Weste has not received written notice from any governmental authority of
any pending condemnation action against any of the Weste Land.
(vi) "As Is" Transfer. As a material inducement to Weste's execution and
delivery of this Agreement and performance of its duties under this
Agreement: EXCEPT AS OTHERWISE PROVIDED IN THIS
AGREEMENT, CITY HAS AGREED TO ACCEPT TRANSFER OF THE
WESTE LAND ON THE CLOSING DATE ON AN "AS IS" BASIS. WESTE
AND CITY AGREE THAT THE WESTE LAND WILL BE SOLD "AS IS,
WHERE IS, WITH ALL FAULTS" WITH NO RIGHT OF SET-OFF OR
REDUCTION IN THE TRANSFER PRICE, AND, EXCEPT AS SET FORTH
IN SECTION 8 OF THIS AGREEMENT, SUCH TRANSFER WILL BE
WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION,
WARRANTY OF INCOME POTENTIAL, OPERATING EXPENSES,
USES, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR
PURPOSE), AND WESTE DISCLAIMS AND RENOUNCES ANY SUCH
REPRESENTATION OR WARRANTY.
(vii) Release. Effective from and after the Closing, City hereby waives,
releases, acquits, and forever discharges Weste, and Weste's agents and
employees to the maximum extent permitted by law, of and from any and
all claims, actions, causes of action, demands, rights, liabilities, damages,
losses, costs, expenses, or compensation whatsoever, direct or indirect,
known or unknown, foreseen or unforeseen, that it now has or that may
arise in the future because of or in any way growing out of or connected
with this Agreement and the portion of the Weste Land that will be subject
to the Weste Easements (including without limitation the Condition of such
land), except matters arising from Weste's failure to disclose a material fact.
City expressly waives its rights granted under the provisions of any law that
provides that a general release does not extend to claims that City does
not know or suspect to exist in its favor at the time of executing the release,
which if known by it must have materially affected its agreement to release
Weste including, without limitation, California Civil Code §1542, which
provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE
CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE
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MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.
Weste and City have each initialed this Section 9(a)(vii) to further indicate
their awareness and acceptance of each and every provision of this
Agreement. The provisions of this Section 9(a)(vii) will survive the
Closing.
Weste's Initials:
City's Initials:
The representations and warranties of Weste set forth in this Section shall
survive the Closing for a period of twelve (12) months following the Closing
Date (the "Survivai Period"), and if City fails to provide written notice to
Weste of any breach of such warranties or representations within twelve
(12) months after the Closing Date, City will be deemed to have waived all
claims for breach of any representations and warranties with respect to the
Weste Land. City's sole remedy will be an action at law for damages as a
consequence of such breach or termination of this Agreement under
Section 10(b) and waiver of any further claims against Weste.
(b) City Representations and Warranties. City warrants and represents to Weste,
as of the Effective Date and again as of the Closing Date, as follows:
(i) There are no pending or, to City's actual knowledge, threatened legal
actions or arbitrations or reference proceedings at law or in equity, against
City in connection with the City Land or affecting the City Land.
(ii) City has not received any notice that City is in default of its obligations
under any declarations, reciprocal easement agreements and other similar
cross -easements, use agreements, covenants or similar agreements with
adjacent property owners governing the use, maintenance or operation of
any part of the City Land.
(iii) There are no service or maintenance agreements affecting the City Land.
(iv) There are no other agreements for the sale, exchange, or transfer of the
City Land, or any portion thereof, or the business operated thereon.
(v) City has not received written notice from any governmental authority of any
pending condemnation action against any of the City Land.
(vi) "As Is" Transfer. As a material inducement to City's execution and delivery
of this Agreement and performance of its duties under this Agreement:
EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, WESTE
HAS AGREED TO ACCEPT TRANSFER OF THE CITY LAND ON THE
CLOSING DATE ON AN "AS IS" BASIS, WESTE AND CITY AGREE THAT
THE CITY LAND WILL BE SOLD "AS IS, WHERE IS, WITH ALL FAULTS"
WITH NO RIGHT OF SET-OFF OR REDUCTION IN THE TRANSFER
PRICE, AND, EXCEPT AS SET FORTH IN SECTION 8 OF THIS
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13001-0007130041240 6.doc
AGREEMENT, SUCH TRANSFER WILL BE WITHOUT
REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED (INCLUDING, WITHOUT LIMITATION, WARRANTY OF
INCOME POTENTIAL, OPERATING EXPENSES, USES,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE),
AND CITY DISCLAIMS AND RENOUNCES ANY SUCH
REPRESENTATION OR WARRANTY.
(vii) Release. Effective from and after the Closing, Weste hereby waives,
releases, acquits. and forever discharges City, and City's agents, directors,
officers, and employees to the maximum extent permitted by law, of and
from any and all claims, actions, causes of action, demands, rights,
liabilities, damages, losses, costs, expenses, or compensation whatsoever,
direct or indirect, known or unknown, foreseen or unforeseen, that it now
has or that may arise in the future because of or in any way growing out of
or connected with this Agreement and the City Land (including without
limitation the Condition of the City Land), except matters arising from City's
failure to disclose a material fact. Weste expressly waives its rights granted
under the provisions of any law that provides that a general release does
not extend to claims that Weste does not know or suspect to exist in its
favor at the time of executing the release, which if known by it must have
materially affected its agreement to release City including, without
limitation, California Civil Code §1542, which provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE
CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.
City and Weste have each initialed this Section to further indicate their
awareness and acceptance of each and every provision of this Agreement.
The provisions of this Section will survive the Closing.
City's Initials:
Weste's Initials:
As used herein, the term "City's actual knowledge" means the current,
actual and personal knowledge of (and only of) the City's Director of Public
Works and does not include knowledge imputed to City from any other
person or entity. The named individual is acting for and on behalf of City
and in a capacity as an officer or employee of City or one or more of City's
affiliates and is in no manner expressly or impliedly making any
representations or warranties in an individual capacity. Weste waives any
right to sue or to seek any personal judgment or claim against the named
individual.
(viii) The representations and warranties of City set forth in this Section shall
survive the Closing for a period of twelve (12) months following the Closing
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13001-000713004124v 16. doc
Date, and if Weste fails to provide written notice to City of any breach of
such warranties or representations within twelve (12) months after the
Closing Date, Weste will be deemed to have waived all claims for breach
of any representations and warranties with respect to the City Land.
Weste's sole remedy will be an action at law for damages as a
consequence of such breach or termination of this Agreement under
Section 9(b) and waiver of any further claims against City.
(c) Remade on Closing Date. The representations and warranties of Weste and City
set forth in this Agreement shall be true, accurate and correct upon the execution
of this Agreement, and shall be deemed to be re -made on and as of the Closing
Date (except as they relate only to an earlier date), and if either party notifies the
other of a material change, then party to whom such notice is given may terminate.
(d) City Covenants. The following covenants shall survive the Closing.
0) Permanent Fencing. During construction of the Project, and based on
animal uses and sheltering on Weste's property, the City shall install
permanent Omega fencing on the City side of the property line between
Weste's property and Dockweiler Drive (in accordance with the fence
specifications in Exhibit "D") that will be at least six (6) feet high and with
fence posts that are three inches (Y) by three inches (Y) in size to keep
her animals from wandering into traffic lanes. During construction,
temporary fencing will be provided as set forth in subsection (ix) of this
subsection (d).
(ii) Leach Lines/Sewer. The City acknowledges that Weste has asserted that
City surveys show the Project to be constructed on the Weste Easements,
including the easements for road purposes (Parcel RE-1), slope purposes
(Parcel SE-1), and temporary construction purposes (Parcel TCE-1) which
could impact a portion of the septic system used by Weste. After the
Closing, the City shall pay up to a not to exceed amount of $22,000, based
on costs actually and reasonably incurred for the relocation or replacement
of leach lines needed to operate the current septic system on Weste's
property and which are currently located within the area to be acquired by
the City and which shall be relocated to the new location on Weste's
property. Only those costs to reconfigure, redesign and install leach lines
and other septic facilities sufficient to serve the existing septic load of the
site will be subject to reimbursement by City. Any costs incurred to expand
the capacity of the system will not be subject to reimbursement and will be
borne by Weste. Upon completion of the work, the City Manager shall
reimburse Weste for actual costs not to exceed $22,000. Any portion of
the cost of the work that exceeds $22,000 shall be the sole and absolute
responsibility of Weste. Weste shall be required to complete the work
within three (3) months after the Close of Escrow. If Weste fails to
commence and complete the work required by this subsection within that
three (3) month period, the City may enter onto Weste Land and complete
the necessary modifications to relocate the leach lines out of the Weste
Easements and onto the Weste Land, at City's sole cost and expense.
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(iii) Water Meter Relocation. During construction of the Project, and if
physically required by the work to be undertaken by the City in improving
Placerita Canyon Road, the City will pay for and undertake the work to
relocate Weste's current water meter further into her property at an agreed
upon and standard location in connection with the work on Placerita
Canyon Road and will connect her water line from her house to that new
water meter location. If such water meter relocation is undertaken by the
City and is reasonably anticipated to result in a temporary shutoff of water
to Weste Land for more than twenty four (24) hours, or causes a temporary
water shutoff to Weste Land for more than twenty four (24) hours, then City
shall provide a temporary water connection to the Weste Land for the
additional period of time after that initial twenty-four (24) hours at the same
approximate level of water pressure currently available to other property
owners along Placerita Canyon Road for that temporary period of time and
until the new water meter is installed and made operational.
(iv) Abandoned Water Well in Area of Acquisition During construction of the
Project, the City will undertake the required steps to cap/remove any
existing water well that is located within the right of way to be acquired by
the City, provided Weste's engineer delivers to City a survey or diagram of
the approximate location and information to the City in regards to the
existing abandoned water well. The City shall deliver to Weste the antique
well cap and handle from that well to Weste
(v) Water Service to Property South of Dockweiler. After completion of the
Project, City shall provide and maintain landscaping and irrigation to the
manufactured slopes created by the Dockweiler Drive extension project
within the slope easements, but not to or on Weste's property south of
Dockweiler Drive.
(vi) Electrical. The roadwork on Placerita Canyon Road will require the
relocation and undergrounding of some of the SCE power poles. During
construction of the Project, the City will undertake the work and expense to
connect the above -ground electrical line that exists between Weste's home
and the current power pole to the newly installed power pole.
(vii) Relocation of Doa/Animal Kennels and Cargo Containers. After Closing, if
the land to be acquired by the City from Weste contains existing dog/animal
kennels and storage containers, the City will reimburse Weste $11,000 for
the reasonable cost to survey, plan for, and relocate those existing
structures to the other locations on Weste Land. There is a slab of concrete
on which some of the kennels were built and which slab also serves to
divert water runoff during rainstorms. Weste may abandon that slab in
place, but any structure sitting on that slab shall be removed by Weste.
Weste shall be required to complete the work within three (3) months of the
Close of Escrow. Upon completion of the relocation work, the City shall
pay Weste the $11,000 as total consideration for all costs incurred in
relocating these items and equipment. If Weste fails to commence and
complete the work required by this subsection within that three (3) month
period, the City may enter onto Weste Land and complete the necessary
relocations at the City's sole cost and expense.
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(viii) Curb Cores for Drainaoe. During or after construction of the Project, Weste
or her successors may apply for an encroachment permit to install one or
more curb cores in the curbs of Dockweiler Drive and connect buried pipes
to those curb cores so that storm water which is ponding on Weste Land
will have a way to drain into the gutter on Dockweiler Drive. If the design
of curb cores and related pipes comply with objective city standards, Weste
or her successors shall be permitted to undertake the work and the buried
pipes will be permitted to extend into Weste Land and may be equipped
with flap check valves, sump pumps, and catch basins to assure that water
flows to Dockweiler during a storm. Weste or her successor may
coordinate the timing of the work with the City in conjunction with the
construction of the Project so that the work may be undertaken in
conjunction with or at an appropriate time after completion of the Project.
All pipes, equipment and work will be paid and undertaken at Weste's or
her successor's sole expense.
(ix) Construction Fencing. Prior to grading and construction of the Project, the
City will install chain link construction fencing between Weste Land and the
boundary of the Project .and also around the property acquired from the
County of Los Angeles (the Placerita Maintenance Yard) so as to deter
trespassers from entering Weste Land and the Placerita Maintenance
Yard. The City will also maintain the Project site, including the Placerita
Maintenance Yard portion of the Project site in compliance with property
maintenance standards for construction sites.
(x) Relocation of Water Pipes. Valves and Plant Material for the Nursery. The
City acknowledges that Weste has asserted that City surveys show the
Project to be constructed on the Weste Easements, including the
easements for road purposes (Parcel RE-1), slope purposes (Parcel SE-
1), and temporary construction purposes (Parcel TCE-1) will impact a
portion of the irrigation system that serves the current plant nursery on the
Weste Land, The Parties have agreed that the reasonable cost to be
incurred by Weste and the plant nursery to relocate the water pipes, valves,
irrigation equipment and to move plant material out of the Weste
Easements is $32,000. Weste shall be required to complete the work prior
to the June 30, 2025 Escrow Closing Date. If the work required by this
subsection is completed within that time period, the City shall deposit into
escrow $32,000, which funds shall be released to Weste upon Close of
Esrow. If Weste fails to commence and complete the work required by this
subsection and prior to June 30, 2025, then Weste forfeits the receipt of
the $32,000 payment, and the City may enter onto Weste Land and
complete the necessary modifications to relocate the water lines out of the
Weste Easements and onto the Weste Land at City's sole cost and
expense.
(xi) Curb Cuts on South Side of Dockweiler for Ingress and Egress. In
connection with a development application for development of Weste Land
located south of Dockweiler Drive, the City agrees to permit a curb cut for
a vehicular driveway to permit ingress and egress to and from that portion
of the Weste Land,
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(xii) Development Rights and Meraer of Parcels. This Agreement does not
confer any development rights and shall not be construed as a commitment
or entitlement by the City to permit the transfer of future development
densities from one portion of the Weste Land to another portion of the
Weste Land. Any such considerations may be undertaken in conjunction
with, and as part of, a separate and subsequent development application.
Notwithstanding the provisions of this subsection, the City agrees to
process an application for voluntary parcel merger of the various parcel
fragments that result from the conveyances made pursuant to this
Agreement, and shall process, consider and act on such merger application
in accordance with the procedures and requirements of state law and the
City's Municipal Code.
(xiii) Indemnity for Weste work on Weste Easement Area. Weste shall defend,
indemnify and hold City harmless from and against any and all claims,
liabilities, damages, losses, costs and expenses (including without
limitation attorneys' fees and costs) arising from, caused by or relating to
any of the activities by Weste or her successors that occurs on the Weste
Easements conveyed to the City, which work is undertaken pursuant to
subsections (ii), (vii), (viii) or (x) of this Subsection (d), including any
deductible amounts payable under any insurance that names the City as
additional insured.
(8) Rights and Remedies Upon Default.
(a) Weste's Remedies Uoon Default of Citv. If the Closing does not occur because
of a default under or breach of this Agreement on the part of City, Weste may
(i) terminate this Agreement, in which case neither Party shall have any further
right or obligation hereunder other than the Surviving Obligations, and thereupon,
Weste shall have all rights and remedies at law or in equity, including, without
limitation, the right to seek damages (except for any punitive, speculative,
consequential, or special damages), or (ii) pursue the remedy of specific
performance of City's obligations to proceed to Closing. City acknowledges the
unique and special character of the City Property and its utility to Weste and agrees
that specific performance is an appropriate remedy for City's default under this
Agreement. The foregoing options are mutually exclusive and are the exclusive
rights and remedies available to Weste at law or in equity in the event the sale of
the City Land is not consummated because of City's default under or breach of this
Agreement.
(b) City's Remedies Upon Default of Weste. If the Closing does not occur because
of a default under or breach of this Agreement on the part of Weste, City may:
(i) terminate this Agreement, in which case neither Party shall have any further
right or obligation hereunder other than the Surviving Obligations, and thereupon,
City shall have all rights and remedies at law or in equity, including, without
limitation, the right to seek damages (except for any punitive, speculative,
consequential, or special damages), or (ii) pursue the remedy of specific
performance of Weste's obligations to proceed to Closing. Weste acknowledges
the unique and special character of the Weste Land and its utility to City and agrees
that specific performance is an appropriate remedy for Weste's default under this
Agreement. The foregoing options are mutually exclusive and are the exclusive
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rights and remedies available to City at law or in equity in the event the sale of the
Weste Land is not consummated because of Weste's default under or breach of
this Agreement.
(9) Binding Effect. This Agreement shall be binding upon, shall inure to the benefit of, and
shall be enforceable by the Parties and their respective successors and permitted assigns.
(10) Governing Law. This Agreement shall be governed by and construed under and in
accordance with the laws of the State of California. Any litigation with respect to this Agreement
shall be conducted in the County of Los Angeles, California.
(11) Time of Essence. Time shall be deemed of the essence with respect to consummating
the transactions contemplated under this Agreement on the Closing Date and with respect to all
other obligations of City and Weste hereunder.
(12) Counterparts. This Agreement may be executed in one or more counterparts each of
which shall be deemed an original but all of which shall constitute one and the same Agreement.
The Parties contemplate that they may be executing counterparts of this Agreement transmitted
by facsimile or email in PDF format and agree and intend that a signature by email in PDF format
shall bind the Party so signing with the same effect as though the signature were an original
signature.
(13) Waiver. Except as otherwise provided herein, the failure of Weste or City to insist upon
or enforce any of their respective rights hereunder shall not constitute a waiver thereof.
(14) Construction. Each Party acknowledges that the Parties have participated equally in the
drafting of this Agreement and that accordingly, no court construing this Agreement shall construe
it more stringently against one party than the other.
(15) Headings. The captions used herein have been included for convenience of reference
only and shall not be deemed to vary the content of this Agreement or limit the provisions or scope
of any section or paragraph hereof.
(16) Severability. Wherever possible, each provision of this Agreement shall be interpreted
in such manner as to be effective and valid under applicable law, but in the event that any
provision of this Agreement shall be prohibited by or invalid under such law, such provision shall
be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of
such provision or the remaining provisions of this Agreement.
(17) Brokers. The Parties hereby warrant that they have dealt with no real estate broker in
this transaction and that no other broker or other person is entitled to any commission, finder's
fee or other similar compensation by virtue of the Parties entering into or consummating this
Agreement. Each Party hereby defends and indemnifies the other Party against any claims,
losses, liability and damages, including reasonable attorneys' fees and costs, in connection with
any commissions, finders' fees or other similar compensation sought, based upon some obligation
of the indemnifying Party with respect to this transaction. This Section shall survive the Closing.
(18) Assignment. This Agreement shall not be assigned by City without the prior written
consent of Weste. This Agreement shall not be assigned by Weste without the prior written
consent of City.
-16-
13001-OOOn3004124v16.doc
(19) Merger. All prior statements, understandings, letters of intent, representations and
agreements between the Parties, oral or written, are superseded by and merged in this
Agreement, which alone fully and completely expresses the agreement between Weste and City
in connection with this transaction and which is entered into after full investigation, neither party
relying upon any statement, understanding, representation or agreement made by the other not
embodied in this Agreement.
(20) General Rules of Interpretation. Words and phrases contained herein shall be
construed according to the context and the approved usage of the English language, but technical
words and phrases, and such others as have acquired a peculiar and appropriate meaning by
law, or are defined in this Agreement, are to be construed according to such technical, peculiar,
and appropriate meaning or definition. Whenever the context requires, all words used in the
singular will be construed to have been used in the plural, and vice versa, and each gender will
include any other gender. As used in this Agreement, the word "includes or "including" means
including without limitation, the word "or" is not exclusive and the words "herein," "hereof," "hereto"
and hereunder refer to this Agreement as a whole unless the context otherwise requires, and
references herein: (a) to articles, paragraphs, sections and exhibits mean the articles, paragraphs,
sections and exhibits which are part of this Agreement as amended, supplemented or modified
from time to time to the extent permitted by the provisions thereof and by this Agreement, (b) to
an agreement, instrument or other document means such agreement, instrument or other
document as amended, supplemented or modified from time to time to the extent permitted by
the provisions thereof and by this Agreement, and (c) to a statute means such statute as
amended, supplemented or replaced from time to time. The exhibits, schedules, addenda, and
attachments which are attached to this Agreement are made a part of this Agreement.
(21) Date of Performance. If the date of the performance of any term, provision or condition
of this Agreement shall happen to fail on a Saturday, Sunday or other non -Business Day, the date
for the performance of such term, provision or condition shall be extended to the next succeeding
Business Day immediately thereafter occurring.
(22) Third Parties. This Agreement shall not be deemed to confer in favor of any third parties
any rights whatsoever as third -party beneficiaries, the Parties intending by the provisions hereof
to confer no such benefits or status.
(23) Acceptance of the Deeds. The delivery by Weste of the Deed into Escrow for the Weste
Land and the Weste Transfer Payment into Escrow, and the delivery by City of the Deed into
Escrow for the City Land, and the recordings and delivery thereof (as applicable) by the Escrow
Company in accordance with the terms and conditions of this Agreement, shall be deemed to be
the full performance and discharge of every agreement, obligation, and covenant, guaranty,
representation, or warranty on the part of Weste and City, respectively, to be performed pursuant
to the provisions of this Agreement in respect of the Property, except for the Surviving Obligations.
Certain provisions of this Agreement, as expressly provided herein, shall survive Closing or
termination. This Section shall survive the Closing.
(24) Notices. All notices, elections, consents, approvals, demands, objections, requests or
other communications which Weste or City may be required or desire to give pursuant to, under
or by virtue of this Agreement (collectively, "Notices") must be in writing and sent by (a) registered
or certified mail, return receipt requested, with postage prepaid, or (b) nationally recognized
overnight courier service that provides receipted delivery service, delivery charges prepaid,
addressed to the respective party at the address for each set forth below. Notices shall be
deemed received, and the time period for which a response to any such notice must be given or
-17-
13001-0007\3004124v 16. d oc
any action taken with respect thereto (including cure of any prospective Event of Default) shall
commence to run upon the earlier of (a) if sent by overnight courier, on the date of delivery if
delivered before 5:00 p.m. on a Business Day, and otherwise on the next Business Day, or (b) if
mailed, on the date of delivery as shown on the sender's registered mail or certified mail receipt.
Rejection or other refusal to accept or the inability to deliver because of changed address of which
no notice was given shall be deemed to constitute receipt of the Notice. Weste or City may
designate another addressee or change its address for notices and other communications
hereunder by a notice given to the other in the manner provided in this Section.
To Weste: Laurene Frimel Weste
22216 Placerita Canyon Road
Santa Clarita, CA 91321
With a copy to:
Michael McEntee, Esq.
4142 Morning Star Drive, Suite 1
Huntington Beach, CA 92649
To City: City of Santa Clarita
23920 Valencia Blvd.
Santa Clarita, CA 91355
Attn: City Clerk
With copies to:
City of Santa Clarita
23920 Valencia Blvd.
Santa Clarita, CA 91355
Attn: Director of Public Works
and:
Kevin G. Ennis, Esq.
Richards, Watson & Gershon
350 South Grand Avenue, Suite 3700
Los Angeles, CA 90071
(25) No Modification. This Agreement constitute the entire agreement between the Parties
with respect to the transactions contemplated hereby and supersedes all prior
understandings or agreements between the Parties as to the subject matter hereof. No
term or provision of this Agreement may be changed or waived, discharged or terminated
orally, but only by an instrument in writing signed by the party against which enforcement
of the change, waiver, discharge or termination is sought.
(26) Rights of the Escrow Company. If there is any dispute as to whether the Escrow
Company is obligated to deliver any monies and/or documents which it now or hereafter
holds (collectively, the "Escrowed Property") or as to whom any Escrowed Property are
to be delivered, the Escrow Company shall not be obligated to make any delivery, but, in
such event, may hold same until receipt by the Escrow Company of an authorization, in
writing, signed by all of the parties having an interest in such dispute directing the
-18-
13001-0007\3004124v 16. doc
disposition of same; or, in the absence of such authorization, the Escrow Company may
hold any Escrowed Property until the final determination of the rights of the parties in an
appropriate proceeding. Within three (3) Business Days after receipt by the Escrow
Company of a copy of a final judgment or order of a court of competent jurisdiction,
certified by the clerk of such court or other appropriate official, the Escrowed Property shall
be delivered as set forth in such judgment or order. A judgment or order under this
Agreement shall not be deemed to be final until the time within which to take an appeal
therefrom has expired and no appeal has been taken, or until the entry of a judgment or
order from which no appeal may be taken. If such written authorization is not given or
proceeding for such determination is not begun and diligently continued, the Escrow
Company shall have the right to bring an appropriate action or proceeding for leave to
deposit the Escrowed Property in court, pending such determination. In the event that the
Escrow Company places any Escrowed Property in the registry of the governing court in
and for Los Angeles County, California and files an action of, interpleader, naming the
Parties, the Escrow Company shall be released and relieved from any and all further
obligation and liability hereunder or in connection herewith. If, without gross negligence
on the part of the Escrow Company, the Escrow Company shall become a party to any
controversy or litigation with respect to the Escrowed Property or any other matter
respecting this Agreement, Weste and City shall jointly and severally hold the Escrow
Company harmless from any damages or losses incurred by the Escrow Company by
reason of or in connection with such controversy or litigation. The provisions of this
Section shall survive the Closing or termination of this Agreement.
(27) Solicitation of Consideration. It is improper for any Weste employee or agent to solicit
consideration in any form from City with the implication, suggestion or statement that City's
provision of the consideration may secure more favorable treatment for City in the award
of this Agreement or that City's failure to provide such consideration may negatively affect
the Weste's consideration of the City's offer to sell the Property. City shall not offer or
give, either directly or through an intermediary, consideration in any form to Weste
employee or agent who has had any involvement in the negotiation, consummation or
administration/management of this Agreement. City shall immediately report any attempt
by a Weste employee or agent to solicit such improper consideration. Failure to report
such solicitation may result in termination of this Agreement.
(28) No Offer or Binding Contract. The Parties agree that the submission of an unexecuted
copy or counterpart of this Agreement by one party to another is not intended by either
party to be, or be deemed to be a legally binding contract or an offer to enter into a legally
binding contract. The Parties shall be legally bound pursuant to the terms of this
Agreement only if and when the Parties have been able to negotiate all of the terms and
provisions of this Agreement in a manner acceptable to each of the Parties in their
respective sole discretion, and both Weste and City have fully executed and delivered this
Agreement.
IN WITNESS WHEREOF, Weste and City have caused this Agreement to be executed
and delivered, as of the Effective Date.
"Weste":
Laurene Frimel Weste, an individual
-19-
13001-000713004124v16.doc
CITY OF SANTA CLARITA,
a California municipal corporation
By:_
Name
Title:
APPROVED AS TO FORM:
By:
Name: Kevin G. Ennis
Title: Special Counsel to
City of Santa Clarita
-20-
13001.0007\3004124v 16.doc
Kenneth W. Striplin, Ed.D
City Manager
Exhibit "A"
Form of Quitclaim Deed by City to Weste
(showina Citv Land to be conveved to Westel
Exhibit A-1
13001-0007\3004124v16.doc
RECORDING REQUESTED BY:
00-0 City of Santa Clarita
Engineering Services Division
23920 Valencia Boulevard, Suite 140
Santa Clarita, CA 91355
WHEN RECORDED MAIL TO:
Laurene Frimel W este
22216 Piacerita Canyon Road
Santa Clarita, CA 91321
Space above this line for Recorder's use
TITLE(S)
QUITCLAIM DEED
GDE 24-00006
_ EXCHANGE AGREEMENT
Exhibit A
RECORDING REQUESTEDBY:
City of Santa Clarita
Engineering Services Division
23920 Valeicia Boulevard, Suite 140
Santa Clarita, CA 91355
WHEN RECORDED MAIL TO:
Laurene Frimel Weste
22216PIacerita Canyon Road
Santa Clarita, CA 91321
Recording Fee: Exempt (Government Code Section 27383) Space above this linefor Recorder's use
APN NO(S): For. 2833-001-087, Por. 2833-004-097, Por. 2833-00S-011. Por. 2833-005-012 Por. 2833-005-013
and Por. 2833-005-014
DOCUMENTARY TRANSFER TAX: Exempt (Revenue and Taxation Code Section 11922)
The property is located in the City of Santa Clarita.
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED,
THE CITY OF SANTA CLARITA. A MUNICIPAL CORPORATION
DOES HEREBY REMISE, RELEASE, AND FOREVER QUITCLAIM TO
LAURENE FRIMEL WESTE
ANY AND ALL RIGHTS DEDICATED AND/OR GRANTED TO THE CITY OF SANTA CLARITA, A
MUNICIPAL CORPORATION, IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA AS DESCRIBED IN THE ATTACHED EXHIBIT "A' AND SHOWN IN THE ATTACHED
EXHIBIT 'B;'
THE CITY OF SANTA CLARITA. A MUNICIPAL CORPORATION
DATE:
KENN ETH W. STRIPLIN, CITY MANAGER
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
State of California l
County of J}
On before me, _. Notary Public,
Dale Name of Notary
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under
the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Place Notary Seal Above Signature of Notary Public
----------------------------------=---- OPTIONAL ---------------------------------------------
Though the information below is not required by law, it may prove valuable to person relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer--Title(s):
❑ Partner -- ❑ Limited ❑ General
❑ Attorney -in Fact
❑ Trustee TOP OF THUMB HERE
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in Fact
❑ Trustee TOP OF THUMB HERE
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
�tCi<
EXHIBIT "A"
LEGAL DESCRIPTION
A portion of land in the City of Santa Clarita, County of Los Angeles, State of California, being
Parcel 12-15x (Lyons Ave) for road purposes as described in the deed recorded October 14,
1970 per Instrument No. 2999 of Official Records in the Office of the County Recorder of said
County.
Signature:
Shane C. Sobecki, PLS
Date: 9/11 /2024 0 ��
a ? SHANE C. SOBECKi i=
No. 9041
91F., 0�2
0 50' 100' a SHANE C. SOBECKI
0. 9041
SCALE: 1" _ ? 00' (P
700 E. Thousand Oaks Blvd. 9T� OQ�
Surge 1.05 of �F
ENGINEERS INC Thousand 02ks.CA91S3? CA
ENWIli-EKING I ;U.gvey c Phone
O Or $TPUCT!ON M-AGELENT Www.msengineemcom
CISCL.180775.00' 202tA9-11 GC CITY 70'!kEGTE.'�;' 11l50024' SG' =.FILE
Exhibit "B"
Forms of Easement Deed to Citv
(showing Weste Easements to be conveved to Citv)
Exhibit B-1
13001-0007n3004124v15.doc
RECORDING REQUESTED BY:
City of Santa Clarita
Engineering Services Division
23920 Valencia Boulevard, Suite 140
Santa Clarita, CA 91355
WHEN RECORDED MAIL TO:
Mary Cusick, City Clerk
City of Santa Clarita
23920 Valencia Boulevard, Suite 120
Santa Clarita, CA 91355
Space above this line for Recorder's use
TITLES)
DEDICATION AND GRANT OF EASEMENT
FOR PUBLIC USE AND ROAD PURPOSES
EAS NO. 21-00024
EXCHANGE AGREEMENT
Exhibit B
1of3
RECORDING REQUESTED BY:
City of Santa Clarita
Engineering Services Division
23920 Valencia Boulevard, Suite 140
Santa Clarita, CA 91355
WHEN RECORDED MAIL TO:
Mary Cusick, City Clerk
City of Santa Clarita
23920 Valencia Boulevard, Suite 120
SANTA CLARTTA, CA 91355
Recording Fee: Exemvt (Government Code Section 27383) Space above this line for Recorder's use
APN NO(S): 2833-005-011.2833-005-012.2833-005-013.2833-005-014.2833-001-087.and 2833-004-097
DOCUMENTARY TRANSFER TAX: Exempt (Revenue and Taxation Code Section 11922)
The property is located in the City of Santa Clarita.
DEDICATION AND GRANT OF EASEMENT
FOR PUBLIC USE AND ROAD PURPOSES
FOR A VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED,
LAURENE FRIMEL WESTE. AN INDIVIDUAL
DO(ES) HEREBY DEDICATE AND GRANT TO
THE CITY OF SANTA CLARFI'A. A MUNICIPAL CORPORATION
AN EASEMENT FOR PUBLIC USE AND ROAD PURPOSES, AND ALL USES INCIDENT THERETO,
INCLUDING THE RIGHT TO MAKE CONNECTIONS THEREWITH FROM ANY ADJOINING PROPERTIES,
UPON, OVER, AND ACROSS THE REAL PROPERTY IN THE CITY OF SANTA CLARITA, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA AS DESCRIBED IN THE ATTACHED EXHIBIT "A" AND SHOWN IN
THE ATTACHED EXHIBIT "B;"
LAURENE FRIMEL WESTE. AN INDNIDUAL
DA
LAURENE FRIMEL WESTE, AN INDIVIDUAL
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of
On
Date
before me, _ , Notary Public,
Name of Notary
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under
the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Place Notary Seal Above Signature of Notary Public
---------------------- ----------------- OPTIONAL ----------------------------------------------
Though the information below is not required by law, it may prove valuable to person relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer --Title(s):
❑ Partner -- ❑ Limited ❑ General
❑ Attorney -in Fact
❑ Trustee TOP OF THUMB HERE
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer -- Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in Fact
❑ Trustee TOP OF THUMB HERE
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
EXHIBIT "A"
LEGAL DESCRIPTION
DEDICATION AND GRANT OF EASEMENT FOR PUBLIC USE AND ROAD PURPOSES
IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
PARCEL RE-1:
A portion of land in the City of Santa Clarita, County of Los Angeles, State of California, being a
portion of Block 194 of Tract 1078, as per map recorded in Book 18 Page 169 of Maps, also
being a portion of Parcels 2 and 3 described in the corporation quitclaim deed recorded October
30, 1985 per Instrument No. 85-1286457 of Official Records, and being a portion of the land
described in the individual quitclaim deed recorded January 14, 1983 per Instrument No. 83-
54249 of Official Records in the Office of the County Recorder of said County.
Lying within the following described land:
Commencing at the most westerly corner of said Parcel 3, thence, along the northwesterly line
of said Parcel 3, NORTH 12°42'17" EAST 247.79 feet to the True Point of Beginning; thence,
1 St. NORTH 42'18'33" EAST 23.74 feet; thence,
2nd. NORTH 51 °03'39" EAST 54.98 feet; thence,
3rd. SOUTH 32'1552" EAST 320.53 feet to the beginning of a tangent curve; thence,
4th. Along the arc of said curve having a radius of 726.00 feet, being concave northeasterly
having a central angle of 8°38'25", in a southeasterly direction 109.48 feet to a point on
the southwesterly line of said land per individual quitclaim deed; thence,
5th. Along said southwestely line SOUTH 79°27'36" EAST 170.31 feet to the beginning of a
non -tangent curve, said point being on a curve lying 92.00 feet northeasterly of, and
concentric with, the above described 4th course; thence,
6th. Along the arc of said concentric curve having a radius of 634.00 feet, being concave
northeasterly having a radial bearing of NORTH 36°58'08" EAST and a central angle of
20°45'59", in a northwesterly direction 229.79 feet to a point lying 92.00 feet
northeasterly of, and parallel with, measured at right angles to, the above described 3rd
course; thence,
7th. Along said parallel line, NORTH 32'15'52" WEST 477.50 feet to a point on the
northwesterly line of said Parcel 3; thence,
8th. Along said northwesterly line SOUTH 12'42'17" WEST 239.82 feet to the True Point of
Beginning.
Containing an area of 57,350 square feet, more or less.
Signature:
Shane C. Sobecki, PLS
\pNA�"LAk� s
t 4 fi`
Date: 9/11 /2024 la •;Q
a; SHANE C. SOBECKI :m
No.9041
\ ' \ EXHIBIT" /
EXHIBIT MAP
DEDICATION AND GRANT OF EASEMENT FOR PUBLIC USE AND ROAD PURPOSES
IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
INST / o.
85-1286457 O.R.
PARCELS 2 & 3
Parcel 3
PARCEL MAP No.3602
BK.54 PG.73
TPOB yfy
v
gti
�W
r^
n N
Nry
2
INST. No.
85-1286457 O.R.
PARCELS 2 & 3
i X
15 �i
PEP \Ns� 2g �
INST. No.
83-54249 O.R.
/ POC
p\� O.
�9', Op 9'
Parcel 4 ��
PARCEL MAP No.3602 `. 'R 8,
Opp
0.
8K.54 PG.73 o s=
170.31,
S79' 7'36NE
Ir
0 50' 100'
SCALE: 1 " =100'
10O E. Thousand Oaks Blvd.
Suite 105
ENGINEERS I N C Thousand Oaks, CA 91360
ENGINE EKING I suRVEIING Phone: 805848-4UO
CONSTRUCTION MANAGEMENT www.mnsongineers.com
LEGEND
TPOB True Point of Beginning
POC Point of Commencement
RAD. Radial
PARCEL RE-1
SHANE C. SOBECKI
No. 9041 57,350i SO. FT.
SEE FOLLOWING PAGE FOR LINE &
CURVE TABLE INFORMATION
EXHIBIT "B"
EXHIBIT MAP
DEDICATION AND GRANT OF EASEMENT FOR PUBLIC USE AND ROAD PURPOSES
IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
ENGINEERS INC
ENGINEERING I SURVEYING
C 0
NSTRVCTION YANNGEI ENT
Line and Curve Table
Line/Curve #
Length
Bearing/Delta
Radius
L1
23.74
N42'18'33"E
L2
54.98
N51-03.39"E
100 E. Thousand Oaks Blvd,
Suite 105
Thousand Oaks. CA 91360
Phone. 805-648-4W
www. mn sengi neers. com
LA
SHANE C. SOBECKI
No. 9041
C��i
om
CITY OF SANTA CLARITA
CERTIFICATE OF ACCEPTANCE
FOR
DEDICATION AND GRANT OF EASEMENT FOR PUBLIC USE AND ROAD PURPOSES
THIS IS TO CERTIFY THAT THE DEDICATION AND GRANT OF EASEMENT FOR PUBLIC USE AND
ROAD PURPOSES BEING CONVEYED PER THE ATTACHED DOCUMENT DATED
20_ BY THE OWNER, LAURENE FRIMEL WESTE. AN INDIVIDUAL, TO THE CITY OF SANTA CLARITA,
A MUNICIPAL CORPORATION, IS HEREBY ACCEPTED BY THE UNDERSIGNED OFFICER OR AGENT ON
BEHALF OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA PURSUANT TO THE AUTHORITY
CONFERRED BY RESOLUTION NO.88-119 OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA
ADOPTED ON AUGUST 25,1988 AND THE GRANTEE CONSENTS TO RECORDATION THEREOF BY ITS
DULY AUTHORIZED OFFICER.
MARY CUSICK, CITY CLERK
CITY OF SANTA CLARITA
W."I
RECORDING REQUESTED BY:
City of Santa Clarita
Engineering Services Division
23920 Valencia Boulevard, Suite 140
Santa Clarita, CA 91355
WHEN RECORDED MAIL TO:
Mary Cusick, City Clerk
City of Santa Clarita
23920 Valencia Boulevard, Suite 120
Santa Clarita, CA 91355
Space above this line for Recorder's use
TITLE(S)
DEDICATION AND GRANT OF EASEMENT
FOR SLOPE PURPOSES
EAS NO. 21-00026
EXCHANGE AGREEMENT
Exhibit B �-
2of3
RECORDING REQUESTED BY:
City of Santa Clarita
Engineering Services Division
23920 Valencia Boulevard, Suite 140
Santa Clarita, CA 91355
WHEN RECORDED MAIL TO:
Mary Cusick, City Clerk
City of Santa Clarita
23920 Valencia Boulevard, Suite 120
SANTA CLARITA, CA 91355
Recording Fee: Exempt (Government Code Section 27383) Space above this line for Recorder's use
APN NO(S): 2833-005-011, 2833-005-012, 2833-005-013.2833-005-014 2833-001-087 and 2833-004-097
DOCUMENTARY TRANSFER TAX: Exempt (Revenue and Taxation Code Section 119221
The property is located in the City of Santa Clarita.
DEDICATION AND GRANT OF EASEMENT
FOR SLOPE PURPOSES
FOR A VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED,
LAURENE FRIMEL WESTE. AN INDIVIDUAL
DO(ES) HEREBY DEDICATE AND GRANT TO
THE CITY OF SANTA CLARITA. A MUNICIPAL CORPORATION
AN EASEMENT FOR SLOPE PURPOSES, AND ALL USES INCIDENT THERETO, INCLUDING THE RIGHT
TO MAKE CONNECTIONS THEREWITH FROM ANY ADJOINING PROPERTIES, UPON, OVER, AND
ACROSS THE REAL PROPERTY IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE
OF CALIFORNIA AS DESCRIBED IN THE ATTACHED EXHIBIT "A" AND SHOWN IN THE ATTACHED
EXHIBIT "B;"
LAURENE FRIMEL WESTE AN INDIVIDUAL
DATE:
LAURENE FRIMEL WESTE, AN INDIVIDUAL
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of
On
Date
personally appeared
before me, Notary Public,
Name of Notary
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under
the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Place Notary Seal Above Signature of Notary Public
----------------------------------==-= OPTIONAL ---------------------------------------------
Though the information below is not required by law, it may prove valuable to person relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer --Title(s):
❑ Partner-- ❑ Limited ❑ General
❑ Attorney -in Fact
❑ Trustee TOP OF THUMB HERE
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in Fact
❑ Trustee TOP OF THUMB HERE
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
EXHIBIT "A"
LEGAL DESCRIPTION
DEDICATION AND GRANT OF EASEMENT FOR SLOPE PURPOSES
IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
PARCEL SE -'I:
A portion of land in the City of Santa Clarita, County of Los Angeles, State of California, being a
portion of Block 194 of Tract No. 1078, as per map recorded in Book 18 Page 169 of Maps, also
being a portion of Parcels 2 and 3 described in the corporation quitclaim deed recorded October
30, 1985 per Instrument No. 85-1286457 of Official Records, and being a portion of the land
described in the individual quitclaim deed recorded January 14, 1983 per Instrument No. 83-
54249 of Official Records in the Office of the County Recorder of said County.
Lying within the following described land:
Commencing at the most westerly corner of said Parcel 3; thence, along the northwesterly line
of said Parcel 3, NORTH 12°42'17" EAST 202.32 feet to the True Point of Beginning; thence,
1 St. NORTH 25001' 15" EAST 16.93 feet; thence,
2nd. NORTH 32°00'06" EAST 24.00 feet to the beginning of a tangent curve; thence,
3rd. Along the are of said curve having a radius of 65.00 feet, being concave southeasterly
having a central angle of 25°44'02", in a northeasterly direction 29.19 feet; thence,
4th. NORTH 57044'08" EAST 27.54 feet; thence,
5th. SOUTH 32°15'52" EAST 67.58 feet; thence,
6th. SOUTH 25013'24" EAST 43.29 feet; thence,
7th. SOUTH 30°1T24" EAST 61.59 feet; thence,
8th. SOUTH 30°47'43" EAST 202.66 feet to a point on the southwesterly line of said land per
individual quitclaim deed; thence,
9th. Along said southwesterly line SOUTH 79°27'36" EAST 244.68 feet to the most southerly
corner of said land per individual quitclaim deed; thence,
10th. Along the southeasterly line of said land per individual quitclaim deed, NORTH 12°42'09"
EAST 12.80 feet to the beginning of a non -tangent curve; thence,
11th. Along the arc of said curve having a radius of 613.00 feet, being concave northeasterly
having a radial bearing of NORTH 35°40'39" EAST and a central angle of 22°03'29", in a
northwesterly direction 235.99 feet; thence,
12th. NORTH 32'15'52" WEST 498.52 feet to a point on the northwesterly line of said Parcel
3; thence,
13th. Along the northwesterly line of said Parcel 3, SOUTH 12°42"17" WEST 315.01 feet to
the True Point of Beginning.
Excepting therefrom, the following described land:
Commencing at the most westerly corner of said Parcel 3; thence, along the northwesterly line
of said Parcel 3, NORTH 12°42'17" EAST 247.79 feet to the True Point of Beginning; thence,
1st. NORTH 42°18'33" EAST 23.74 feet; thence,
2nd. NORTH 51 °03'39" EAST 54.98 feet; thence,
3rd. SOUTH 32°1652" EAST 320.53 feet to the beginning of a tangent curve; thence,
4th. Along the arc of said curve having a radius of 726.00 feet, being concave northeasterly
having a central angle of 8°38'25", in a southeasterly direction 109.48 feet to a point on
the southwesterly line of said land per individual quitclaim deed; thence,
Page 1 of 2
EXHIBIT "A"
LEGAL DESCRIPTION
(CONTINUED)
5th. Along said southwestely line SOUTH 79°27'36" EAST 170.31 feet to the beginning of a
non -tangent curve, said point being on a curve lying 92.00 feet northeasterly of, and
concentric with, the above described 4th course; thence,
6th. Along the arc of said concentric curve having a radius of 634.00 feet, being concave
northeasterly having a radial bearing of NORTH 36°58'08" EAST and a central angle of
20°45'59", in a northwesterly direction 229.79 feet to a point lying 92.00 feet
northeasterly of, and parallel with, measured at right angles to, the above described 3rd
course; thence,
7th. Along said parallel line, NORTH 32° 15'52" WEST 477.50 feet to a point on the
northwesterly line of said Parcel 3; thence,
8th. Along said northwesterly line SOUTH 12'42'17" WEST 239.82 feet to the True Point of
Beginning.
Containing an area of 26,643 square feet, more or less.
PARCEL SE-2:
A portion of land in the City of Santa Clarita, County of Los Angeles, State of California, being a
portion of Parcel 3 described in the corporation quitclaim deed recorded October 30, 1985 per
Instrument No. 85-1286457 of Official Records in the Office of the County Recorder of said
County.
Said portion of land is described as follows:
Beginning at the most northerly corner of said Parcel 3; thence,
1st. Along the northeasterly line of said Parcel 3, SOUTH 74°01'51" EAST 121.00 feet to the
most easterly corner of said Parcel 3; thence,
2nd. Along the southeasterly line of said Parcel 3, SOUTH 12'42'17" WEST 5.01 feet; thence,
3rd. NORTH 74°01'51" WEST 109.90 feet, thence,
4th. SOUTH 81°27'14" WEST 11.89 feet to a point on the northwesterly line of said Parcel 3,
thence,
5th. Along said northwesterly line NORTH 12042" 7" EAST 9.95 feet to the Point of
Beginning.
Containing an area of 632 square feet, more or less.
Signature:
Shane C. Sobecki, PLS
Date: 10/29/2024f 5:
SHANE C. SOBECKI
No. 9041
C Al
Page 2 of 2
EXHIBIT I'B"
\ / EXHIBIT MAP I I
DEDICATION AND GRANT OF EASEMENT FOR SLOPE PURPOSES
IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
\ INST./ o.
85-1286457 O.R.
PARCELS 2 & 3 /
Parcel 3
PARCEL MAP No.3602
BK.54 PG.73
INST. No.
85-1286457 O.R.
PARCELS 2 & 3
'ppRa�r�
7.
1? 0"
POC
J
Parcel 4
PARCEL MAP No.3602
8K.54 PG.73 /
N \
0 50' 100'
SCALE: 1 " =100'
Suite
E. Thousand Oaks Blvd.
Suite 105
ENGINEERS INC Thousand Oaks, CA 91360
ENGINEERING I SURvETiNG Phone:80&848-4Uo
CONSTRUCTION MANAGEMENT www,mnsongineem.com
X
PP�O N5 999
OP.
2
PE i
INST. No.
83-54249 O.R.
d
0�0
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a+2°p
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2
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170,31
244.68'
S79•27,36NE 41<1
a0
LEGEND
POC Point of Commencement
TPOB True Point of Beginning
RAID. Radial
a SHANE C. SOBECKI z No.9041 PARCEL SE-1
26,643t SQ. FT.
9 pQ' SEE FOLLOWING PAGE FOR
Of CAI.\E LINE & CURVE TABLE INFORMATION
Page 1 of 3
1
EXHIBIT 'IBI1
EXHIBIT MAP
DEDICATION AND GRANT OF EASEMENT FOR
SLOPE PURPOSES
IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
G
O
a SHANE C. SOB
No. 9041
�r s}
100 E. Thousand Oaks Blvd. y
O�
suite 105 0 F
F
E 71 E E R S I N C Thousand Oaks, CA 91360 '� a�
En Gir+EEaiNG S—E".. Phone. 80564&4840
CON9Tq UCTION NAN AG EMENT www.mnsengineers.com
Page 2 of 3
Line and Curve Table
Line/Curve #
Length
Bearing/Delta
Radius
C1
29.19'
25°44'02"
65.00'
C2
109.48'
8°38'25"
726.00'
C3
229.79'
20°45'59"
634.00'
L3
16.93
N25°01'15"E
L4
24.00
N32°00'06"E
LS
27.54
N57°44'08"E
L6
67.58
S32°15'52"E
L7
43.29
325°13'24"E
1-8
61.59
S30°13'24"E
1-9
12.80
N12°42'09"E
L10
23.74
N42°1833"E
l_1':
54.9$
N51'03'39"E
EXHIBIT "B"
EXHIBIT MAP
DEDICATION AND GRANT OF EASEMENT FOR SLOPE PURPOSES
IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
EP
LUTION PER INST. NO. 3509 O.R.
ku
_N �
2 11.89'
S81 227' 14„w
40
0 10' 20'
SCALE: 1 " = 20'
Suits
E. Thousand Oaks Blvd.
Suite 105
ENGINEERS I N C Thousand Oaks, CA 91360
ENGINEERING I SURVEYING Phone805-648-4840
CONSTRUCTION MANAGEMENT www.rrnsengineers.com
S40jSlE
-; , 1.00'
N?4 *0 1;50^w
INST. No. 85-1 286457 O.R.
PARCEL 3
C. SOBECKI
1.9041
Al-ACeR/rA CyN RO
LEGEND
POB Point of Beginning
PARCEL SE-2
632i SQ. FT.
Page 3 of 3
CITY OF SANTA CLARITA
CERTIFICATE OF ACCEPTANCE
FOR
DEDICATION AND GRANT OF EASEMENT FOR SLOPE PURPOSES
THIS IS TO CERTIFY THAT THE DEDICATION AND GRANT OF EASEMENT FOR SLOPE PURPOSES
BEING CONVEYED PER THE ATTACHED DOCUMENT DATED . 20_ BY THE OWNER,
LAURENE FRIMEL WESTE. AN INDIVIDUAL TO THE CITY OF SANTA CLARITA, A MUNICIPAL
CORPORATION, IS HEREBY ACCEPTED BY THE UNDERSIGNED OFFICER OR AGENT ON BEHALF OF
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA PURSUANT TO THE AUTHORITY CONFERRED
BY RESOLUTION NO.88-119 OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA ADOPTED ON
AUGUST 25,1988 AND THE GRANTEE CONSENTS TO RECORDATION THEREOF BY ITS DULY
AUTHORIZED OFFICER.
DATE:
MARY CUSICK, CITY CLERK
CITY OF SANTA CLARITA
RECORDING REQUESTED BY:
City of Santa Clarita
Engineering Services Division
23920 Valencia Boulevard, Suite 140
Santa Clarita, CA 91355
WHEN RECORDED MAIL TO:
Mary Cusick, City Clerk
City of Santa Clarita
23920 Valencia Boulevard, Suite 120
Santa Clarita, CA 91355
Space above this line for Recorder's use
DOCKWEILER DRIVE EXTENSION PROJECT
DEDICATION AND GRANT OF EASEMENT FOR
TEMPORARY CONSTRUCTION PURPOSES
EAS NO. 21-00028
13001-0007/3034300.4
RECORDING REQUESTED BY:
City of Santa Clarita
Engineering Services Division
23920 Valencia Boulevard, Suite 140
Santa Clarita, CA 91355
WHEN RECORDED MAIL TO:
Mary Cusick, City Clerk
City of Santa Clarita
23920 Valencia Boulevard, Suite 120
SANTA CLARITA, CA 91355
Recording Fee: Exempt (Government Code Section 27383) Space above this line for Recorder's use
APN NO(S): 2833-005-011, 2833-005-012, 2833-005-013, 2833-005-014, 2833-001-087 and 2833-004-097
DOCUMENTARY TRANSFER TAX: Exempt (Revenue and Taxation Code Section 11922)
The property is located in the City of Santa Clarita.
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
This GRANT OF TEMPORARY CONSTRUCTION EASEMENT ("Easement Agreement") is
executed by LAURENE F. WESTE, an individual, ("Grantor") in favor of the CITY OF SANTA
CLARITA, a California municipal corporation, ("Grantee").
RECITALS
A. Grantor is the fee owner of that certain real property located in the City of Santa Clarita,
County of Los Angeles, State of California ("Grantor Property") described in Exhibit "A," attached
hereto.
B. Concurrently herewith, Grantor has conveyed to the Grantee certain road, slope and
drainage easements to City (the "Weste Easements") in connection with the Dockweiler Drive
Extension Project ("Project"), a multi -phased capital improvement project being coordinated by the
City and The Master's University and would extend Dockweiler Drive from its existing terminus on
the east to Railroad Avenue at 131h Street on the west in Santa Clarita, California.
C. In connection with the Project, Grantor has agreed to grant to Grantee a temporary
construction easement for the construction of the Project, including temporary access purposes and to
provide a work area for contractors during the construction period of the Project, all as more
particularly described below, for use by Grantee to complete the Project.
NOW THEREFORE, in consideration of the foregoing recitals, and other consideration, the
sufficiency of which is hereby acknowledged, the Grantor does hereby grant to Grantee a non-exclusive
construction easement ("TCE") on that certain portion of Grantor's Property described more
particularly and depicted in Exhibit "B," which is attached hereto and incorporated herein by this
reference ("TCE Area"), subject to the following terms and conditions.
1. Scone of TCE; Use. Grantor's grant to Grantee of the TCE is for the use of the TCE Area
by Grantee, its contractors, agents, representatives, and employees and others deemed necessary by
13001-0007/3034300.4 -1-
OEM
Grantee ("Grantee Designees") to facilitate the construction of the Project. Grantee and Grantee
Designees are authorized to use the TCE Area to facilitate the construction of the Project, including
ingress and egress, temporary access to and from the road project area, a work area for construction
activity, to facilitate the movement of construction equipment for the Project and to store material,
equipment, and stage materials and equipment as necessary for the Project.
2. Term. The term of Grantee's use of the TCE Area will commence thirty (30) calendar
days from the date upon which Grantee or its authorized representative provides Grantor with written
notice of Grantee's intent to commence its use of the TCE Area ("Commencement Date"). The term of
the TCE shall terminate on the earliest of: (i) the date upon which Grantee notifies Grantor in writing
that Grantee no longer needs the TCE, or (ii) three (3) years from the Commencement Date of the TCE
("Termination Date"), subject to extension by Grantee under Section 3 below.
3. Oytion to Extend Term. Grantee may extend the term of the TCE by up to six (6) months,
on a month -to -month basis, by providing Grantor fifteen (15) calendar days' notice before the
Termination Date ("Extension Term.")
4. Compensation. Grantor acknowledges that the TCE is granted in consideration of other
terms included in the Real Property Exchange Agreement between Grantor and Grantee, including
payment for relocation expenses of improvements and property within the roadway and slope
easement areas and the transfer of other real property by Grantee to Grantor, and therefore no
compensation shall be owning to Grantor for the TCE or for use of the TEC Area during the Term or
Extended Term.
5. No Liens. In consideration for the use of the TCE, Grantee will keep the TCE Area and
Grantor's Property free of any liens, including without limitation, liens by contractors, subcontractors,
or suppliers, engineers, architects, surveyors, or others that may have lien rights for work arising out
of Grantee's use of the TCE in connection with the construction of the Project. If any such lien is filed
on the TCE Area or any portion of Grantor's Property in connection with Grantee's use of the TCE for
the Project, Grantee will, at its sole cost and expense, have the lien released and discharged of record in
a matter satisfactory to Grantor within 45 calendar days of receiving notice of the lien. If Grantee fails
to remove the lien within such 45-day period, Grantor will have the right to remove or bond over the
lien, and Grantee, upon demand, will reimburse Grantor for all reasonable costs and expenses,
including without limitation reasonable attorneys' fees incurred by Grantor in connection with such
removal or bond.
6. Grantee's Obligations at End of Term. Grantee agrees that promptly after the
Termination Date as it may be extended pursuant to the terms hereof, Grantee will leave the TCE Area
in a condition as close as possible to condition that existed in the TCE Area at the Commencement Date,
including the removal of any equipment or material stored on the TCE Area in connection with the
Project, and shall take such actions as reasonably necessary to evidence and give effect to the expiration
of the TCE, including without limitation, the recording by Grantee of a termination document, if
requested by Grantor.
7. Insurance. Grantee is an authorized self -insured public entity for purposes of
Professional Liability, General Liability, Automobile Liability and Worker's Compensation and
warrants that through its respective programs of self-insurance, Grantee has adequate coverage or
13001-0007/3034300.4 -2-
resources to protect against liabilities arising out of the performance of the terms, conditions or
obligations of Grantee pursuant to the Grant of TCE. Prior to entry onto the TCE Area, Grantee will
cause its contractor for the Project to procure and maintain a policy of commercial general liability
insurance issued by an insurer reasonably satisfactory to Grantor covering the use by and activities of
Grantee's Designees with a single limit of liability (per occurrence and aggregate) of not less than
$2,000,000, and to deliver to Grantor a certificate of insurance and copy of additional insured
endorsement naming Grantor as named additional insured, evidencing that such insurance is in force
and effect, and evidencing that Grantor has been named as an additional insured thereunder with
respect to the use by Grantee's Designees of the TCE. Such insurance will be maintained in force
throughout the term of the TCE.
8. Notices. All notices or other communications required or permitted between the Parties
hereunder shall be in writing, and shall be (i) sent by United States registered or certified mail, postage
prepaid, return -receipt requested, or (ii) sent by nationally recognized overnight courier service (e.g.,
Federal Express or United Parcel Service), addressed to the Party to whom the notice is given at the
address(es) provided below, subject to the right of any Party to designate a different address for itself
by notice similarly given. Any notice so given by registered or certified United States mail shall be
deemed to have been given on the third business day after the same is deposited in the United States
mail. Any notice not so given by registered or certified mail, such as notices delivered by personal
delivery, or courier service, shall be deemed given upon receipt, rejection or refusal of the same by the
Party to whom the notice is given. Rejection or other refusal to accept or the inability to deliver because
of changed address of which no notice was given shall be deemed to constitute receipt of the notice or
other communication sent.
To Grantee: City of Santa Clarita
23920 Valencia Boulevard
Valencia, California 91355
Attention: City Clerk
Telephone:
To Grantor: Laurene Frimel Weste
22216 Placenta Canyon Road
Santa Clarita, CA 91321
Telephone:
9. Permits. Grantee shall be responsible for securing and maintaining all necessary permits
and approvals from other appropriate local, state and federal agencies for its use of the TCE Area, and
Grantee shall comply with all applicable laws and regulations concerning its use of the TCE Area.
10. Indemnification. Grantee will, and will cause its contractor for the Project to, indemnify,
defend and hold Grantor harmless from any and all liability for loss, damages, costs, expenses,
demands, causes of action, claims or judgments, arising from or arising out of or in any way connected
with the entry, access and use of the TCE by said contractor and its designees in connection with the
exercise of the rights granted under this Grant of TCE or any breach of Grantee's or Grantee's
contractor's obligations under this Grant of TCE, and will reimburse Grantor for all reasonable costs,
13001-0007/3034300.4 -3-
defend and indemnify the other Party and all of the principals, members, agents
and partners of the other Party from any claim, loss, expense (including attorney's
fees), liability or cost which arises due to or out of any inspection by said Party or
any of its representatives, agents, engineers, consultants, contractors, and
designees (but not for hazardous materials merely discovered by such
inspections). The foregoing indemnity shall survive the close or the termination of
this transaction.
(b) DisanorovaI/Termination. If either Party disapproves of any of the Due Diligence
Documents for or condition of, Property it is acquiring, it may terminate this
Agreement by written notice given prior to the end of the Due Diligence Period.
Neither party shall have the right to terminate this Agreement following the
expiration of the Due Diligence Period other than due to a default of the other
Parry's obligations in accordance with the terms hereof, which continues for five
(5) business days after written notice of default from the non -defaulting Party.
(c) Title Policies. Each Party may, but is not obligated, to require a standard CLTA
owners policy of title insurance ("CLTA Policy"), or equivalent form acceptable to
the requesting Party, dated as of the date the respective Deeds are recorded,
indicating title to the respective real property to be vested of record in the Party
receiving title, and containing endorsements and additional coverages as
reasonably requested by Party receiving title; provided, however, requesting Party
may elect to obtain from a title company of their choice an ALTA extended
coverage owner's policy of title insurance insuring fee title to the Real Property
vested in that Party (an "ALTA Policy"). The selected policy (whether it be a CLTA
Policy or an ALTA Policy) shall be referred to herein as the "Title Policy."
(d) Nursery. It shall be a condition to Closing in favor of the City that Weste enter into
an agreement with the nursery occupying a portion of the Weste Land that will be
subject to the Weste Easements which agreement will: (i) terminate such lease (an
oral lease) as to the Weste Land that will be subject to the Weste Easements; (ii)
has the nursery waiving all relocation rights and benefits; (iii) states that the City is
a third party beneficiary to the agreement; (iv) is substantially in the form attached
hereto as Exhibit "C" and; (v) is otherwise acceptable in form and substance to the
City. It shall further be a condition to Closing in favor of the City that the nursery
vacates the land that will be subject to the Weste Easements and removes all of
its fixtures (if any) and personal property therefrom. Weste shall defend, indemnify
and hold the City harmless from and against any and all claims for relocation
assistance or other claims against the City arising out of or in any way related to
the nursery's cessation of use and removal from the Weste Easements. The
obligations of this Section shall survive the Closing.
(e) Surplus Property Compliance. City has consulted in good faith with the
California Department of Housing and Community Development ("HCD") and has
obtained preliminary approval and confirmation from HCD that the City Property is
exempt surplus property if exchanged pursuant to the terms in this Agreement, and
it shall be a condition to Closing that HCD confirm such exemption by submitting
the City Council's determination of exemption to HCD for formal approval and
confirmation.
(5) Apportionment of Property Taxes and Assessments.
-4-
13001-0007\3004124v 16. doc
(a) The City shall be responsible for all real estate taxes and assessments on the City
Property ("Property Taxes"), if any, payable in respect to: (A) in the Current Tax
Year, (B) the period prior to the Closing Date, and (C) periods prior to the Current
Tax Year (property taxes and assessments as to the City Property shall be
prorated as of the Closing).
(b) Weste shall be shall be responsible for all property taxes, if any, payable as to the
Wester Property in respect to: (A) the Current Tax Year, including the portion after
the Closing Date (as City is exempt from property taxes such that none shall be
allocated to the City on the preliminary settlement statement), and (B) all periods
prior to the Current Tax Year (but any assessments as to the Weste Property shall
be prorated as of the Closing).
(c) This Section shall survive the Closing.
(6) Closing.
(a) Closing Date and Place. For purposes of this Agreement, the "Closing" shall be
defined as the date (the "Closing Date") on which the deeds in the forms attached
hereto as Exhibits "A" and "B" are recorded in the Official Records of Los Angeles
County, California. The Closing shall be conducted through an escrow (the
"Escrow") at First American Title Company, 207 Goode Avenue, Suite 410,
Glendale, CA 91203, (818) 550-2501; TeamLA@firstam.com (the "Escrow
Company"). The Closing Date shall occur on or before June 30, 2025, unless
extended in writing by the City Manager, or such earlier date as Weste and City
may agree. Time is of the essence with respect to each of the dates specified
above. All funds necessary to consummate the Closing (the "Funds") shall be
deposited into Escrow no later than one (1) Business day prior to the Closing Date.
(b) Weste's Closing Deliveries. At or before the Closing (except as otherwise set
forth herein), Weste shall execute, acknowledge and/or deliver, as applicable, the
following items into Escrow (collectively, the ' Weste's Deliveries"):
(i) The Easement Deeds in the forms attached hereto as Exhibit "B", executed
and acknowledged by Weste;
(ii) The Partial Lease Termination Agreement with the Nursery, in the form
attached hereto as Exhibit °C";
(iii) Written confirmation from Weste that the water line relocation work for the
nursery has been completed as provided by Section 7(d)(x) (The City
Manager may waive this condition provided the waiver is in writing);
(iv) The Weste Transfer Payment;
(v) A preliminary closing statement prepared by the Escrow Company,
reflecting all credits, apportionments and adjustments contemplated
hereunder (the "Closing Statement"), executed by Weste;
(vi) A Preliminary Change of Ownership form for the City Property that Weste
is acquiring; and
-5-
13001-000T300412406.doc
(vii) Any and all other reasonable documents and funds required by the Escrow
Company to carry out and close the exchange transaction pursuant to this
Agreement.
(c) Citv's Closing Deliveries. At or before Closing, City shall execute, acknowledge
and/or deliver, as applicable, the following items into Escrow (collectively, the
"City's Deliveries"):
{i) The City's Quitclaim Deed in the form attached hereto as Exhibit "A",
executed and acknowledged by City;
(H) City Council Resolution vacating Lyons Avenue as a public road and
vacating the slope easements in connection therewith.
A Closing Statement prepared by the Escrow Company, executed by City;
{iv) Certificate of Acceptances for the Weste Easement Deeds, duly executed
by the City and acknowledged;
(v) A Preliminary Change of Ownership form for the Weste Easements that
City is acquiring; and
(vi) Any and all reasonable documents and funds required by Escrow Company
to carry out and close the exchange transaction pursuant to this
Agreement.
(vii) Payment by the City to Weste for completion of the nursery plant relocation
and water line relocations within the time provided, and in the amount
specified in Section 7 (d)(x) and upon satisfaction of Weste's Deliveries
under Section 6 (b)(iii).
(d) Closing Expenses. At Closing, Weste shall pay all costs regarding the
satisfaction and discharge of any Liens on the Weste Land that will be subject to
the Weste Easements and the City will pay all costs regarding the satisfaction and
discharge of any Liens on the City Property. The City shall pay all escrow fees,
recording fees and the real property transfer taxes incurred or imposed on this
transaction. The City shall pay the premiums for its owner's title policy on Weste
Easements conveyed to the City and Weste shall pay the premium on its owner's
title policy on the City Land conveyed to Weste if Weste chooses to obtain title
insurance on the City Land.
(e) Parties' Conditions Precedent to Closing. Parties' obligations to consummate
the transaction contemplated by this Agreement is subject to the satisfaction of the
following conditions (the "Conditions Precedent').
0) Closing of the City/County Exchange Transaction.
(ii) City recordation of its City Council Resolution vacating Lyons Avenue as a
public road and vacating the slope easements in connection therewith.
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13001-000 T3004124v 16. do c
(iii) Due performance by the Parties of each and every undertaking and
agreement to be performed by it pursuant to this Agreement, in all material
respects, and the truth of each representation and warranty made by the
applicable Party in this Agreement in all material respects at the time as of
which the same is made and as of the Closing Date as if made on and as
of the Closing Date.
(iv) Weste shall have delivered Weste's Deliveries into Escrow in accordance
with Section 7(b) above.
(v) City shall have delivered City's Deliveries into Escrow in accordance with
Section 7(c) above.
(vi) Issuance or commitment to issue the Title Policies in forms reasonably
acceptable to the insured.
In the event that any of the Conditions Precedent are not satisfied as of the Closing
Date (A) a Party may waive such applicable contingency by giving written notice
thereof to the Escrow Company and proceed with the Closing, or (B) in the
absence of such waiver, this Agreement, the Escrow, and the rights and
obligations of the Parties hereunder shall terminate, other than the Surviving
Obligations (as hereinafter defined), and neither party shall have any further right
or obligation hereunder other than the Surviving Obligations; provided, however,
that notwithstanding the foregoing, if the failure of condition is the result of a default
by Weste or City of their respective obligations under this Agreement, the
disposition of the Parties' respective rights and remedies shall be governed by
Section 10 below. "Surviving Obligations" shall mean, collectively: (X) any
indemnities and any other indemnification obligations of Weste to City, or of City
to Weste, under this Agreement that are designated by their terms to survive the
termination of this Agreement or the Closing hereunder; (Y) those costs, expenses,
and payments specifically stated herein to be the responsibility of City or Weste,
respectively, and (Z) and any other obligations by the Parties under this Agreement
that are designated by their terms to survive the termination of this Agreement or
the Closing, it being the intention of the Parties that the Parties shall nonetheless
be and remain liable for their respective obligations under clauses (X) through (Z)
above, notwithstanding the termination of this Agreement for any reason or the
Closing hereunder.
(f) Nursery Conditions to Closing. The requirements of Section 4(d) shall also be
conditions of Closing, as described therein.
(g) Escrow Comaanv Actions at Closing. At Closing, upon the Escrow Company's
receipt of (A) the City's Deliveries and the Weste's Deliveries, (B) the preliminary
Closing Statements approved and signed by City and Weste, and (C) final
authorization from each of Weste and City to proceed with Closing, Weste and City
hereby instruct the Escrow Company to:
(i) Disburse from funds deposited with the Escrow Company towards payment
of all items chargeable pursuant to this Agreement (as reflected in the
Closing Statement).
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(ii) Record the City's Quitclaim Deed (Exhibit "A") followed by the Weste
Easements (Exhibit "B") together with the applicable Certificates of
Acceptance, and deliver to the Assessor the PCORs.
(iii) Deliver the Weste Transfer Payment to City;
(iv) Deliver to Weste the payment for the nursery and water line relocation work
and in the amount specified in Section 7 (d)(x) and upon satisfaction of
Weste's Deliveries under Section 6 (b)(iii).
(v) Issue the Title Policies to the City and Weste.
(vi) Deliver to the Parties copies of all documents recorded at Closing by the
Escrow Company.
(h) Operation of Land Prior to the Closing Date. Between the Effective Date and
the Closing Date, Weste shall continue to operate and maintain the Weste Land in
the usual and ordinary course of business consistent with past practices and shall
take no action, and shall not cause any third party to take, any action that would
materially alter or affect the condition of the Weste Land, except the relocations of
the nursery and water lines for the nursery as specified in Section 7 (d)(x). City
shall maintain the property it is receiving from the County, and not allow County
(to extent County has any rights of use) to create a nuisance, and shall not itself
operate such property as to create a nuisance. Except for the agreement for the
nursery lease, the Parties shall not enter into, amend, or terminate any leases,
licenses or occupancy agreements without obtaining the other Party's prior written
consent, which shall be subject to that Party's sole and absolute discretion. The
Parties shall not record any documents pertaining to the Weste Land or the City
Property, The Parties shall not enter into or amend any contract that is not
reasonably necessary for the normal operation of their respective properties and
that cannot be terminated on thirty (30) or fewer days' notice, or waive,
compromise or settle any rights of that Party under any contract or other
agreement affecting the applicable property without, in each case, obtaining the
other Party's prior written consent, which shall be subject to that Party's sole and
absolute discretion. The Parties shall keep in full force and effect all of the existing
insurance policies maintained by the applicable Party respecting their Property or
policies providing similar coverage to the existing insurance policies, if any.
(7) Representations. Warranties. Covenants and Acknowledgments.
(a) Weste Representations and Warranties. Weste represents and warrants to City,
as of the Effective Date and again as of the Closing Date, as follows:
(i) There are no pending or, to Weste's actual knowledge, threatened legal
actions or arbitrations or reference proceedings at law or in equity, affecting
the Weste Land.
(ii) Weste has not received any notice that Weste is in default of its obligations
under any declarations, reciprocal easement agreements and other similar
cross -easements, use agreements, covenants or similar agreements with
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13001-0007\3004124 v 16. doc
adjacent property owners governing the use, maintenance or operation of
any part of the Weste Land.
(iii) There are no service or maintenance agreements affecting the Weste
Land.
(iv) There are no other agreements for the sale, exchange, or transfer of the
Weste Land, or any portion thereof, the City Land to be conveyed to Weste,
or the business operated thereon (except for the oral tenancy/lease
agreement with the nursery).
(v) Weste has not received written notice from any governmental authority of
any pending condemnation action against any of the Weste Land.
(vi) "As Is" Transfer. As a material inducement to Weste's execution and
delivery of this Agreement and performance of its duties under this
Agreement: EXCEPT AS OTHERWISE PROVIDED IN THIS
AGREEMENT, CITY HAS AGREED TO ACCEPT TRANSFER OF THE
WESTE LAND ON THE CLOSING DATE ON AN "AS IS" BASIS. WESTE
AND CITY AGREE THAT THE WESTE LAND WILL BE SOLD "AS IS,
WHERE IS, WITH ALL FAULTS" WITH NO RIGHT OF SET-OFF OR
REDUCTION IN THE TRANSFER PRICE, AND, EXCEPT AS SET FORTH
IN SECTION 8 OF THIS AGREEMENT, SUCH TRANSFER WILL BE
WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION,
WARRANTY OF INCOME POTENTIAL, OPERATING EXPENSES,
USES, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR
PURPOSE), AND WESTE DISCLAIMS AND RENOUNCES ANY SUCH
REPRESENTATION OR WARRANTY.
(vii) Release. Effective from and after the Closing, City hereby waives,
releases, acquits, and forever discharges Weste, and Weste's agents and
employees to the maximum extent permitted by law, of and from any and
all claims, actions, causes of action, demands, rights, liabilities, damages,
losses, costs, expenses, or compensation whatsoever, direct or indirect,
known or unknown, foreseen or unforeseen, that it now has or that may
arise in the future because of or in any way growing out of or connected
with this Agreement and the portion of the Weste Land that will be subject
to the Weste Easements (including without limitation the Condition of such
land), except matters arising from Weste's failure to disclose a material fact.
City expressly waives its rights granted under the provisions of any law that
provides that a general release does not extend to claims that City does
not know or suspect to exist in its favor at the time of executing the release,
which if known by it must have materially affected its agreement to release
Weste including, without limitation, California Civil Code §1542, which
provides_
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE
CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE
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13001-0007\3004124v16.doc
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.
Weste and City have each initialed this Section 9(a)(vii) to further indicate
their awareness and acceptance of each and every provision of this
Agreement. The provisions of this Section 9(a)(vii) will survive the
Closing.
Weste's Initials:
City's Initials:
The representations and warranties of Weste set forth in this Section shall
survive the Closing for a period of twelve (12) months following the Closing
Date (the "Survival Period"), and if City fails to provide written notice to
Weste of any breach of such warranties or representations within twelve
(12) months after the Closing Date, City will be deemed to have waived all
claims for breach of any representations and warranties with respect to the
Weste Land. City's sole remedy will be an action at law for damages as a
consequence of such breach or termination of this Agreement under
Section 10(b) and waiver of any further claims against Weste.
(b) City Representations and Warranties. City warrants and represents to Weste,
as of the Effective Date and again as of the Closing Date, as follows:
(i) There are no pending or, to City's actual knowledge, threatened legal
actions or arbitrations or reference proceedings at law or in equity, against
City in connection with the City Land or affecting the City Land.
(ii) City has not received any notice that City is in default of its obligations
under any declarations, reciprocal easement agreements and other similar
cross -easements, use agreements, covenants or similar agreements with
adjacent property owners governing the use, maintenance or operation of
any part of the City Land.
There are no service or maintenance agreements affecting the City Land
(iv) There are no other agreements for the sale, exchange, or transfer of the
City Land, or any portion thereof, or the business operated thereon.
(v) City has not received written notice from any governmental authority of any
pending condemnation action against any of the City Land.
(vi) "As Is" Transfer. As a material inducement to City's execution and delivery
of this Agreement and performance of its duties under this Agreement:
EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, WESTE
HAS AGREED TO ACCEPT TRANSFER OF THE CITY LAND ON THE
CLOSING DATE ON AN "AS IS" BASIS. WESTE AND CITY AGREE THAT
THE CITY LAND WILL BE SOLD "AS IS, WHERE IS, WITH ALL FAULTS"
WITH NO RIGHT OF SET-OFF OR REDUCTION IN THE TRANSFER
PRICE, AND, EXCEPT AS SET FORTH IN SECTION 8 OF THIS
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AGREEMENT, SUCH TRANSFER WILL BE WITHOUT
REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED (INCLUDING, WITHOUT LIMITATION, WARRANTY OF
INCOME POTENTIAL, OPERATING EXPENSES, USES,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE),
AND CITY DISCLAIMS AND RENOUNCES ANY SUCH
REPRESENTATION OR WARRANTY.
(vii) Release. Effective from and after the Closing, Weste hereby waives,
releases, acquits, and forever discharges City, and City's agents, directors,
officers, and employees to the maximum extent permitted by law, of and
from any and all claims, actions, causes of action, demands, rights,
liabilities, damages, losses, costs, expenses, or compensation whatsoever,
direct or indirect, known or unknown, foreseen or unforeseen, that it now
has or that may arise in the future because of or in any way growing out of
or connected with this Agreement and the City Land (including without
limitation the Condition of the City Land), except matters arising from City's
failure to disclose a material fact. Weste expressly waives its rights granted
under the provisions of any law that provides that a general release does
not extend to claims that Weste does not know or suspect to exist in its
favor at the time of executing the release, which if known by it must have
materially affected its agreement to release City including, without
limitation, California Civil Code §1542, which provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE PER
CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.
City and Weste have each initialed this Section to further indicate their
awareness and acceptance of each and every provision of this Agreement.
The provisions of this Section will survive the Closing.
City's Initials:
Weste's Initials:
As used herein, the term "City's actual knowledge" means the current,
actual and personal knowledge of (and only of) the City's Director of Public
Works and does not include knowledge imputed to City from any other
person or entity. The named individual is acting for and on behalf of City
and in a capacity as an officer or employee of City or one or more of City's
affiliates and is in no manner expressly or impliedly making any
representations or warranties in an individual capacity. Weste waives any
right to sue or to seek any personal judgment or claim against the named
individual.
(viii) The representations and warranties of City set forth in this Section shall
survive the Closing for a period of twelve (12) months following the Closing
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13001-0007\3004124v 16. doc
Date, and if Weste fails to provide written notice to City of any breach of
such warranties or representations within twelve (12) months after the
Closing Date, Weste will be deemed to have waived all claims for breach
of any representations and warranties with respect to the City Land.
Weste's sole remedy will be an action at law for damages as a
consequence of such breach or termination of this Agreement under
Section 9(b) and waiver of any further claims against City.
(c) Remade on Closing Hate. The representations and warranties of Weste and City
set forth in this Agreement shall be true, accurate and correct upon the execution
of this Agreement, and shall be deemed to be re -made on and as of the Closing
Date (except as they relate only to an earlier date), and if either party notifies the
other of a material change, then party to whom such notice is given may terminate.
(d) City Covenants. The following covenants shall survive the Closing.
0) Permanent 'Fencing. During construction of the Project, and based on
animal uses and sheltering on Weste's property, the City shall install
permanent Omega fencing on the City side of the property line between
Weste's property and Dockweiler Drive (in accordance with the fence
specifications in Exhibit "D") that will be at least six (6) feet high and with
fence posts that are three inches (Y) by three inches (Y) in size to keep
her animals from wandering into traffic lanes. During construction,
temporary fencing will be provided as set forth in subsection (ix) of this
subsection (d).
(ii) Leach Lines/Sewer. The City acknowledges that Weste has asserted that
City surveys show the Project to be constructed on the Weste Easements,
including the easements for road purposes (Parcel RE-1), slope purposes
(Parcel SE-1), and temporary construction purposes (Parcel TCE-1) which
could impact a portion of the septic system used by Weste. After the
Closing, the City shall pay up to a not to exceed amount of $22,000, based
on costs actually and reasonably incurred for the relocation or replacement
of leach lines needed to operate the current septic system on Weste's
property and which are currently located within the area to be acquired by
the City and which shall be relocated to the new location on Weste's
property. Only those costs to reconfigure, redesign and install leach lines
and other septic facilities sufficient to serve the existing septic load of the
site will be subject to reimbursement by City. Any costs incurred to expand
the capacity of the system will not be subject to reimbursement and will be
borne by Weste. Upon completion of the work, the City Manager shall
reimburse Weste for actual costs not to exceed $22,000. Any portion of
the cost of the work that exceeds $22,000 shall be the sole and absolute
responsibility of Weste. Weste shall be required to complete the work
within three (3) months after the Close of Escrow. If Weste fails to
commence and complete the work required by this subsection within that
three (3) month period, the City may enter onto Weste Land and complete
the necessary modifications to relocate the leach lines out of the Weste
Easements and onto the Weste Land, at City's sole cost and expense.
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13001-0007\3004124v 16. d oc
(iii) Water Meter Relocation. During construction of the Project, and if
physically required by the work to be undertaken by the City in improving
Placerita Canyon Road, the City will pay for and undertake the work to
relocate Weste's current water meter further into her property at an agreed
upon and standard location in connection with the work on Placerita
Canyon Road and will connect her water line from her house to that new
water meter location. If such water meter relocation is undertaken by the
City and is reasonably anticipated to result in a temporary shutoff of water
to Weste Land for more than twenty four (24) hours, or causes a temporary
water shutoff to Weste Land for more than twenty four (24) hours, then City
shall provide a temporary water connection to the Weste Land for the
additional period of time after that initial twenty-four (24) hours at the same
approximate level of water pressure currently available to other property
owners along Placerita Canyon Road for that temporary period of time and
until the new water meter is installed and made operational.
(iv) Abandoned Water Well in Area of Acauisition During construction of the
Project, the City will undertake the required steps to cap/remove any
existing water well that is located within the right of way to be acquired by
the City, provided Weste's engineer delivers to City a survey or diagram of
the approximate location and information to the City in regards to the
existing abandoned water well. The City shall deliver to Weste the antique
well cap and handle from that well to Weste
(v) Water Service to Property South of Dockweiler. After completion of the
Project, City shall provide and maintain landscaping and irrigation to the
manufactured slopes created by the Dockweiler Drive extension project
within the slope easements, but not to or on Weste's property south of
Dockweiler Drive.
(vi) Electrical. The roadwork on Placerita Canyon Road will require the
relocation and undergrounding of some of the SCE power poles. During
construction of the Project, the City will undertake the work and expense to
connect the above -ground electrical line that exists between Weste's home
and the current power pole to the newly installed power pole.
(vii) Relocation of Doa/Animal Kennels and Caroo Containers. After Closing, if
the land to be acquired by the City from Weste contains existing dog/animal
kennels and storage containers, the City will reimburse Weste $11,000 for
the reasonable cost to survey, plan for, and relocate those existing
structures to the other locations on Weste Land. There is a slab of concrete
on which some of the kennels were built and which slab also serves to
divert water runoff during rainstorms. Weste may abandon that slab in
place, but any structure sifting on that slab shall be removed by Weste.
Weste shall be required to complete the work within three (3) months of the
Close of Escrow. Upon completion of the relocation work, the City shall
pay Weste the $11,000 as total consideration for all costs incurred in
relocating these items and equipment. If Weste fails to commence and
complete the work required by this subsection within that three (3) month
period, the City may enter onto Weste Land and complete the necessary
relocations at the City's sole cost and expense.
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(viii) Curb Cores for Drainage. During or after construction of the Project,'Neste
or her successors may apply for an encroachment permit to install one or
more curb cores in the curbs of Dockweiler Drive and connect buried pipes
to those curb cores so that storm water which is ponding on Weste Land
will have a way to drain into the gutter on Dockweiler Drive. If the design
of curb cores and related pipes comply with objective city standards, Weste
or her successors shall be permitted to undertake the work and the buried
pipes will be permitted to extend into Weste Land and may be equipped
with flap check valves, sump pumps, and catch basins to assure that water
flows to Dockweiler during a storm. Weste or her successor may
coordinate the timing of the work with the City in conjunction with the
construction of the Project so that the work may be undertaken in
conjunction with or at an appropriate time after completion of the Project.
All pipes, equipment and work will be paid and undertaken at Weste's or
her successor's sole expense.
(ix) Construction 1=encina. Prior to grading and construction of the Project, the
City will install chain link construction fencing between Weste Land and the
boundary of the Project and also around the property acquired from the
County of Los Angeles (the Placerita Maintenance Yard) so as to deter
trespassers from entering Weste Land and the Placerita Maintenance
Yard. The City will also maintain the Project site, including the Placerita
Maintenance Yard portion of the Project site in compliance with property
maintenance standards for construction sites.
M Relocation of Water Pipes. Valves and Plant Material for the Nurserv. The
City acknowledges that Weste has asserted that City surveys show the
Project to be constructed on the Weste Easements, including the
easements for road purposes (Parcel RE-1), slope purposes (Parcel SE-
1), and temporary construction purposes (Parcel TCE-1) will impact a
portion of the irrigation system that serves the current plant nursery on the
Weste Land. The Parties have agreed that the reasonable cost to be
incurred by 'Neste and the plant nursery to relocate the water pipes, valves,
irrigation equipment and to move plant material out of the Weste
Easements is $32,000. Weste shall be required to complete the work prior
to the June 30, 2025 Escrow Closing Date. If the work required by this
subsection is completed within that time period, the City shall deposit into
escrow $32,000, which funds shall be released to Weste upon Close of
Esrow. If Weste fails to commence and complete the work required by this
subsection and prior to June 30, 2025, then Weste forfeits the receipt of
the $32,000 payment, and the City may enter onto Weste Land and
complete the necessary modifications to relocate the water lines out of the
Weste Easements and onto the Weste Land at City's sole cost and
expense.
(xi) Curb Cuts on South Side of Dockweiler for Inaress and Earess. In
connection with a development application for development of Weste Land
located south of Dockweiler Drive, the City agrees to permit a curb cut for
a vehicular driveway to permit ingress and egress to and from that portion
of the Weste Land.
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13001-0007\3004124v 16. d oc
(xii) Development Rights and Merger of Parcels. This Agreement does not
confer any development rights and shall not be construed as a commitment
or entitlement by the City to permit the transfer of future development
densities from one portion of the Weste Land to another portion of the
VVeste Land. Any such considerations may be undertaken in conjunction
with, and as part of, a separate and subsequent development application.
Notwithstanding the provisions of this subsection, the City agrees to
process an application for voluntary parcel merger of the various parcel
fragments that result from the conveyances made pursuant to this
Agreement, and shall process, consider and act on such merger application
in accordance with the procedures and requirements of state law and the
City's Municipal Code.
(xiii) Indemnitv for Weste work on VVeste Easement Area. Weste shall defend,
indemnify and hold City harmless from and against any and all claims,
liabilities, damages, losses, costs and expenses (including without
limitation attorneys' fees and costs) arising from, caused by or relating to
any of the activities by Weste or her successors that occurs on the Weste
Easements conveyed to the City, which work is undertaken pursuant to
subsections (ii), (vii), (viii) or (x) of this Subsection (d), including any
deductible amounts payable under any insurance that names the City as
additional insured.
(8) Rights and Remedies Upon Default.
(a) Weste's Remedies Upon Default of Citv. If the Closing does not occur because
of a default under or breach of this Agreement on the part of City, Weste may
(i) terminate this Agreement, in which case neither Party shall have any further
right or obligation hereunder other than the Surviving Obligations, and thereupon,
Weste shall have all rights and remedies at law or in equity, including, without
limitation, the right to seek damages (except for any punitive, speculative,
consequential, or special damages), or (ii) pursue the remedy of specific
performance of City's obligations to proceed to Closing. City acknowledges the
unique and special character of the City Property and its utility to Weste and agrees
that specific performance is an appropriate remedy for City's default under this
Agreement. The foregoing options are mutually exclusive and are the exclusive
rights and remedies available to Weste at law or in equity in the event the sale of
the City Land is not consummated because of City's default under or breach of this
Agreement.
(b) Citv's Remedies Won Default of Weste. If the Closing does not occur because
of a default under or breach of this Agreement on the part of Weste, City may:
(i) terminate this Agreement, in which case neither Party shall have any further
right or obligation hereunder other than the Surviving Obligations, and thereupon,
City shall have all rights and remedies at law or in equity, including, without
limitation, the right to seek damages (except for any punitive, speculative,
consequential, or special damages), or (ii) pursue the remedy of specific
performance of Weste's obligations to proceed to Closing. Weste acknowledges
the unique and special character of the Weste Land and its utility to City and agrees
that specific performance is an appropriate remedy for Weste's default under this
Agreement. The foregoing options are mutually exclusive and are the exclusive
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rights and remedies available to City at law or in equity in the event the sale of the
Weste Land is not consummated because of Weste's default under or breach of
this Agreement.
(9) Binding Effect. This Agreement shall be binding upon, shall inure to the benefit of, and
shall be enforceable by the Parties and their respective successors and permitted assigns.
(10) Governing Law. This Agreement shall be governed by and construed under and in
accordance with the laws of the State of California. Any litigation with respect to this Agreement
shall be conducted in the County of Los Angeles, California.
(11) Time of Essence. Time shall be deemed of the essence with respect to consummating
the transactions contemplated under this Agreement on the Closing Date and with respect to all
other obligations of City and Weste hereunder.
(12) Counterparts. This Agreement may be executed in one or more counterparts each of
which shall be deemed an original but all of which shall constitute one and the same Agreement.
The Parties contemplate that they may be executing counterparts of this Agreement transmitted
by facsimile or email in PDF format and agree and intend that a signature by email in PDF format
shall bind the Party so signing with the same effect as though the signature were an original
signature.
(13) Waiver. Except as otherwise provided herein, the failure of Weste or City to insist upon
or enforce any of their respective rights hereunder shall not constitute a waiver thereof.
(14) Construction. Each Party acknowledges that the Parties have participated equally in the
drafting of this Agreement and that accordingly, no court construing this Agreement shall construe
it more stringently against one party than the other.
(15) Headings. The captions used herein have been included for convenience of reference
only and shall not be deemed to vary the content of this Agreement or limit the provisions or scope
of any section or paragraph hereof.
(16) Severability. Wherever possible, each provision of this Agreement shall be interpreted
in such manner as to be effective and valid under applicable law, but in the event that any
provision of this Agreement shall be prohibited by or invalid under such law, such provision shall
be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of
such provision or the remaining provisions of this Agreement.
(17) Brokers. The Parties hereby warrant that they have dealt with no real estate broker in
this transaction and that no other broker or other person is entitled to any commission, finder's
fee or other similar compensation by virtue of the Parties entering into or consummating this
Agreement. Each Party hereby defends and indemnifies the other Party against any claims,
losses, liability and damages, including reasonable attorneys' fees and costs, in connection with
any commissions, finders' fees or other similar compensation sought, based upon some obligation
of the indemnifying Party with respect to this transaction. This Section shall survive the Closing.
(18) Assignment. This Agreement shall not be assigned by City without the prior written
consent of Weste. This Agreement shall not be assigned by Weste without the prior written
consent of City.
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(19) Merger. All prior statements, understandings, letters of intent, representations and
agreements between the Parties, oral or written, are superseded by and merged in this
Agreement, which alone fully and completely expresses the agreement between Weste and City
in connection with this transaction and which is entered into after full investigation, neither party
relying upon any statement, understanding, representation or agreement made by the other not
embodied in this Agreement.
(20) General Rules of Interpretation. Words and phrases contained herein shall be
construed according to the context and the approved usage of the English language, but technical
words and phrases, and such others as have acquired a peculiar and appropriate meaning by
law, or are defined in this Agreement, are to be construed according to such technical, peculiar,
and appropriate meaning or definition. Whenever the context requires, all words used in the
singular will be construed to have been used in the plural, and vice versa, and each gender will
include any other gender. As used in this Agreement, the word "includes or "including" means
including without limitation, the word "or" is not exclusive and the words "herein," "hereof," "hereto"
and hereunder refer to this Agreement as a whole unless the context otherwise requires, and
references herein: (a) to articles, paragraphs, sections and exhibits mean the articles, paragraphs,
sections and exhibits which are part of this Agreement as amended, supplemented or modified
from time to time to the extent permitted by the provisions thereof and by this Agreement, (b) to
an agreement, instrument or other document means such agreement, instrument or other
document as amended, supplemented or modified from time to time to the extent permitted by
the provisions thereof and by this Agreement, and (c) to a statute means such statute as
amended, supplemented or replaced from time to time. The exhibits, schedules, addenda, and
attachments which are attached to this Agreement are made a part of this Agreement.
(21) Date of Performance. If the date of the performance of any term, provision or condition
of this Agreement shall happen to fall on a Saturday, Sunday or other non -Business Day, the date
for the performance of such term, provision or condition shall be extended to the next succeeding
Business Day immediately thereafter occurring.
(22) Third Parties. This Agreement shall not be deemed to confer in favor of any third parties
any rights whatsoever as third -party beneficiaries, the Parties intending by the provisions hereof
to confer no such benefits or status.
(23) Acceptance of the Deeds. The delivery by Weste of the Deed into Escrow for the Weste
Land and the Weste Transfer Payment into Escrow, and the delivery by City of the Deed into
Escrow for the City Land, and the recordings and delivery thereof (as applicable) by the Escrow
Company in accordance with the terms and conditions of this Agreement, shall be deemed to be
the full performance and discharge of every agreement, obligation, and covenant, guaranty,
representation, or warranty on the part of Weste and City, respectively, to be performed pursuant
to the provisions of this Agreement in respect of the Property, except for the Surviving Obligations.
Certain provisions of this Agreement, as expressly provided herein, shall survive Closing or
termination. This Section shall survive the Closing.
(24) Notices. All notices, elections, consents, approvals, demands, objections, requests or
other communications which Weste or City may be required or desire to give pursuant to, under
or by virtue of this Agreement (collectively, "Notices") must be in writing and sent by (a) registered
or certified mail, return receipt requested, with postage prepaid, or (b) nationally recognized
overnight courier service that provides receipted delivery service, delivery charges prepaid,
addressed to the respective party at the address for each set forth below. Notices shall be
deemed received, and the time period for which a response to any such notice must be given or
-17-
13001-000713004124v 16.doc
any action taken with respect thereto (including cure of any prospective Event of Default) shall
commence to run upon the earlier of (a) if sent by overnight courier, on the date of delivery if
delivered before 5:00 p.m. on a Business Day, and otherwise on the next Business Day, or (b) if
mailed, on the date of delivery as shown on the sender's registered mail or certified mail receipt.
Rejection or other refusal to accept or the inability to deliver because of changed address of which
no notice was given shall be deemed to constitute receipt of the Notice. Weste or City may
designate another addressee or change its address for notices and other communications
hereunder by a notice given to the other in the manner provided in this Section.
To Weste: Laurene Frimei Weste
22216 Placerita Canyon Road
Santa Clarita, CA 91321
With a copy to:
Michael McEntee, Esq.
4142 Morning Star Drive, Suite 1
Huntington Beach, CA 92649
To City: City of Santa Clarita
23920 Valencia Blvd.
Santa Clarita, CA 91355
Attn: City Clerk
With copies to:
City of Santa Clarita
23920 Valencia Blvd.
Santa Clarita, CA 91355
Attn: Director of Public Works
and:
Kevin G. Ennis, Esq.
Richards, Watson & Gershon
350 South Grand Avenue, Suite 3700
Los Angeles, CA 90071
(25) No Modification. This Agreement constitute the entire agreement between the Parties
with respect to the transactions contemplated hereby and supersedes all prior
understandings or agreements between the Parties as to the subject matter hereof. No
term or provision of this Agreement may be changed or waived, discharged or terminated
orally, but only by an instrument in writing signed by the parry against which enforcement
of the change, waiver, discharge or termination is sought.
(26) Rights of the Escrow CornDanv. If there is any dispute as to whether the Escrow
Company is obligated to deliver any monies and/or documents which it now or hereafter
holds (collectively, the "Escrowed Property") or as to whom any Escrowed Property are
to be delivered, the Escrow Company shall not be obligated to make any delivery, but, in
such event, may hold same until receipt by the Escrow Company of an authorization, in
writing, signed by all of the parties having an interest in such dispute directing the
-18-
13001-000T3004124v16.dOC
disposition of same, or, in the absence of such authorization, the Escrow Company may
hold any Escrowed Property until the final determination of the rights of the parties in an
appropriate proceeding. Within three (3) Business Days after receipt by the Escrow
Company of a copy of a final judgment or order of a court of competent jurisdiction,
certified by the clerk of such court or other appropriate official, the Escrowed Property shall
be delivered as set forth in such judgment or order. A judgment or order under this
Agreement shall not be deemed to be final until the time within which to take an appeal
therefrom has expired and no appeal has been taken, or until the entry of a judgment or
order from which no appeal may be taken. If such written authorization is not given or
proceeding for such determination is not begun and diligently continued, the Escrow
Company shall have the right to bring an appropriate action or proceeding for leave to
deposit the Escrowed Property in court, pending such determination. In the event that the
Escrow Company places any Escrowed Property in the registry of the governing court in
and for Los Angeles County, California and files an action of, interpleader, naming the
Parties, the Escrow Company shall be released and relieved from any and all further
obligation and liability hereunder or in connection herewith. If, without gross negligence
on the part of the Escrow Company, the Escrow Company shall become a party to any
controversy or litigation with respect to the Escrowed Property or any other matter
respecting this Agreement, Weste and City shall jointly and severally hold the Escrow
Company harmless from any damages or losses incurred by the Escrow Company by
reason of or in connection with such controversy or litigation. The provisions of this
Section shall survive the Closing or termination of this Agreement.
(27) Solicitation of Consideration. It is improper for any Weste employee or agent to solicit
consideration in any form from City with the implication, suggestion or statement that City's
provision of the consideration may secure more favorable treatment for City in the award
of this Agreement or that City's failure to provide such consideration may negatively affect
the Weste's consideration of the City's offer to sell the Property. City shall not offer or
give, either directly or through an intermediary, consideration in any form to Weste
employee or agent who has had any involvement in the negotiation, consummation or
administration/management of this Agreement. City shall immediately report any attempt
by a Weste employee or agent to solicit such improper consideration. Failure to report
such solicitation may result in termination of this Agreement.
(28) No Offer or Binding Contract. The Parties agree that the submission of an unexecuted
copy or counterpart of this Agreement by one party to another is not intended by either
party to be, or be deemed to be a legally binding contract or an offer to enter into a legally
binding contract. The Parties shall be legally bound pursuant to the terms of this
Agreement only if and when the Parties have been able to negotiate all of the terms and
provisions of this Agreement in a manner acceptable to each of the Parties in their
respective sole discretion, and both Weste and City have fully executed and delivered this
Agreement.
IN WITNESS WHEREOF, Weste and City have caused this Agreement to be executed
and delivered, as of the Effective Date.
' Weste":
Laurene Frimel Weste, an individual
-19-
13001-0007\3004124v16.doc
APPROVED AS TO FORM:
By:_
Name:
Title:
Kevin G. Ennis
Special Counsel to
City of Santa Clarita
,.Citv ,,:
CITY OF SANTA CLARITA,
a California municipal corporation
By:
Name: Kenneth W. Striplin, Ed.D
Title: City Manager
-20-
13001-0007\3004124v16.doc
Exhibit "A"
Form of Quitclaim Deed by City to Weste
(showino Citv Land to be conveved to Weste)
Exhibit A-1
13001-0007\3004124v16.doc
RECORDING REQUESTED BY:
City of Santa Clarita
Engineering Services Division
23920 Valencia Boulevard, Suite 140
Santa Clarita, CA 91355
WHEN RECORDED MAIL TO:
Laurene Frimel W este
22216 Placerita Canyon Road
Santa C larita, CA 91321
Space above this line for Recorder's use
TITLE(S)
QUITCLAIM DEED
GDE 24-00006
EXCHANGE AGREEMENT
Exhibit A
RECORDING REQUESTEDBY:
City of Santa Clarita
Engineering Services Division
23920 Valeicia Boulevard, Suite 140
Santa Clarita, CA 91355
WHEN RECORDED MAI L TO:
Laurene Frimel Weste
22216PIacerita Canyon Road
Santa Clarita, CA 91321
Recording Fee: Exempt (Government Cade Section 27383) Space above this line for Recorder's use
APN NO(S): Por. 2833-001-087, Por. 2833-004-097, Por. 2833-005-011 Por. 2833-005-012. Por. 2833-005-013,
and Por. 2833-005-014
DOCUMENTARY TRA N SFE R TAX: Exempt (Revenue and Taxation Code Section 11922)
The property is located in the City of Santa Clarita.
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED,
THE CITY OF SANTA CLARITA, A MUNICIPAL CORPORATION
DOES H EREBY REMISE, RELEASE, AND FOREVER QUITCLAIM TO
LAURENE FRIMEL WESTE
ANY AND ALL RIGHTS DEDICATED AND/OR GRANTED TO THE CITY OF SANTA CLARITA, A
MUNICIPAL CORPORATION, IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA AS DESCRIBED IN THE ATTACHED EXHIBIT "A" AND SHOWN IN THE ATTACHED
EXHIBIT "B;"
THE CITY OF SANTA CLARITA. A MUNICIPAL CORPORATION
DATE:
KENN ETH W. STRIPLIN, CITY MANAGER
do"
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of
On
Date
before me,
Name of Notary
personally appeared
Name(s) of Signer(s)
Notary Public,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under
the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Place Notary Seal Above Signature of Notary Public
--------------- -__---------------------- OPHONAL
Though the information below is not required by law, it may prove valuable to person relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer --Title(s):
❑ Partner -- ❑ Limited ❑ General
❑ Attorney -in Fact
❑ Trustee TOP OF THUMB HERE
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer -- Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in Fact
❑ Trustee TOP OF THUMB HERE
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Z S:LIS-,._f t 'c;cc
EXHIBIT "A"
LEGAL DESCRIPTION
A portion of land in the City of Santa Clarita, County of Los Angeles, State of California, being
Parcel 12-15x (Lyons Ave) for road purposes as described in the deed recorded October 14,
1970 per Instrument No. 2999 of Official Records in the Office of the County Recorder of said
County.
Signature:
Shane C. Sobecki, PLS
.ANp.S
Date: 9/11 /2024
o Lac
a?SHANEC.SOBECKIiM`
No. 9041
r� • �r
n
F1
1-3
0 50' 100' a SHANE C. SOBECKI
o. 9041
SCALE: 1 " _ ? 00' *�
E. Thousand Oaks Blvd.
Suite 108
ENGINEERS INC Thousand Oaks, CA91330 OF CA��F
F it G4N EEAIMG Sl'A Vf YIAG Phone: 805-848'4W
C T ICT10. MA kAGE-E .vNT ww'.mnsengmeers.com
CISCL.180375.00.2024-09.11 aC CiTY 70 YYF_3TE.tiwg' 1 V52029' SG' E-FILE
Exhibit "B"
Forms of Easement Deed to Citv
(showina Weste Easements to be conveved to Citv)
n
Exhibit B-1
13001-0007T3004124v15.doc
RECORDING REQUESTED BY:
City of Santa Clarita
Engineering Services Division
23920 Valencia Boulevard, Suite 140
Santa Clarita, CA 91355
WHEN RECORDED MAIL TO:
Mary Cusick, City Clerk
City of Santa Clarita
23920 Valencia Boulevard, Suite 120
Santa Clarita, CA 91355
Space above this line for Recorder's use
TITLES)
DEDICATION AND GRANT OF EASEMENT
FOR PUBLIC USE AND ROAD PURPOSES
EAS NO.21-00024
EXCHANGE AGREEMENT
Exhibit B
1of3
RECORDING REQUESTED BY:
City of Santa Clarita
Engineering Services Division
23920 Valencia Boulevard, Suite 140
Santa Clarita, CA 91355
WHEN RECORDED MAIL TO:
Mary Cusick, City Clerk
City of Santa Clarita
23920 Valencia Boulevard, Suite 120
SANTA CLARITA, CA 91355
Recording Fee: Exempt (Government Code Section 27383) Space above this line for Recorder's use
APN NO(S): 2833-005-011.2833-005-012.2833-005-013.2833-005-014.2833-001-087 and 2833-004-097
DOCUMENTARY TRANSFER TAX: Exempt (Revenue and Taxation Code Section 11922)
The property is located in the City of Santa Clarita.
DEDICATION AND GRANT OF EASEMENT
FOR PUBLIC USE AND ROAD PURPOSES
FOR A VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED,
LAURENE FRIMEL WESTE. AN INDIVIDUAL
DO(ES) HEREBY DEDICATE AND GRANT TO
THE CITY OF SANTA CLARITA. A MUNICIPAL CORPORATION
AN EASEMENT FOR PUBLIC USE AND ROAD PURPOSES, AND ALL USES INCIDENT THERETO,
INCLUDING THE RIGHT TO MAKE CONNECTIONS THEREWITH FROM ANY ADJOINING PROPERTIES,
UPON, OVER, AND ACROSS THE REAL PROPERTY IN THE CITY OF SANTA CLARITA, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA AS DESCRIBED IN THE ATTACHED EXHIBIT "A" AND SHOWN IN
THE ATTACHED EXHIBIT "B;"
LAURENE FRIMEL WESTE. AN INDIVIDUAL
DA
LAURENE FRIMEL WESTE, AN INDIVIDUAL
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of J}
On before me, Notary Public,
Date Name of Notary
personally appeared
Names) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Place Notary Seal Above
I certify under PENALTY OF PERJURY under
the laws of the State of California that the
foregoing paragraph is true and correct.
Signature
WITNESS my hand and official seal.
Signature of Notary
------------------------------------ OPTIONAL ----------------------------------------
Though the information below is not required by law, it may prove valuable to person relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer --Title(s):
❑ Partner -- ❑ Limited ❑ General _
❑ Attorney -in Fact
❑ Trustee TOP OF THUMB HERE
❑ Guardian or Conservator
❑ Other: _
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer -- Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in Fact
❑ Trustee Ton OF THI MB HERS
❑ Guardian or Conservator i
❑ Other:
Signer Is Representing:
EXHIBIT "A"
LEGAL DESCRIPTION
DEDICATION AND GRANT OF EASEMENT FOR PUBLIC USE AND ROAD PURPOSES
IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
PARCEL RE-1:
A portion of land in the City of Santa Clarita, County of Los Angeles, State of California, being a
portion of Block 194 of Tract 1078, as per map recorded in Book 18 Page 169 of Maps, also
being a portion of Parcels 2 and 3 described in the corporation quitclaim deed recorded October
30, 1985 per Instrument No. 85-1286457 of Official Records, and being a portion of the land
described in the individual quitclaim deed recorded January 14, 1983 per Instrument No. 83-
54249 of Official Records in the Office of the County Recorder of said County.
Lying within the following described land:
Commencing at the most westerly corner of said Parcel 3; thence, along the northwesterly line
of said Parcel 3, NORTH 12'42'17" EAST 247.79 feet to the True Point of Beginning; thence,
1st. NORTH 42°18'33" EAST 23.74 feet, thence,
2nd. NORTH 51 °03'39" EAST 54.98 feet, thence,
3rd. SOUTH 32'1552" EAST 320.53 feet to the beginning of a tangent curve; thence,
4th. Along the arc of said curve having a radius of 726.00 feet, being concave northeasterly
having a central angle of 8°38'25", in a southeasterly direction 109.48 feet to a point on
the southwesterly line of said land per individual quitclaim deed; thence,
5th. Along said southwestely line SOUTH 79°27'36" EAST 170.31 feet to the beginning of a
non -tangent curve, said point being on a curve lying 92.00 feet northeasterly of, and
concentric with, the above described 4th course; thence,
6th. Along the arc of said concentric curve having a radius of 634.00 feet, being concave
northeasterly having a radial bearing of NORTH 36°58'08" EAST and a central angle of
20°45'59", in a northwesterly direction 229.79 feet to a point lying 92.00 feet
northeasterly of, and parallel with, measured at right angles to, the above described 3rd
course; thence,
7th. Along said parallel line, NORTH 32°15'52" WEST 477.50 feet to a point on the
northwesterly line of said Parcel 3; thence,
8th. Along said northwesterly line SOUTH 12*42'17" WEST 239.82 feet to the True Point of
Beginning.
Containing an area of 57,350 square feet, more or less.
Signature:
Shane C. Sobecki, PLS
Date: 9/11/2024 0: `•°�
a? SHANE C. SOBECKI
No.9041
OF CAS\E
n
\ I EXHIBIT "
EXHIBIT MAP
DEDICATION AND GRANT OF EASEMENT FOR PUBLIC USE AND ROAD PURPOSES
IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
INST. o.
8 O.R.
PARCELS
2 & 3
Parcel 3
PARCEL MAP No.3602
BK.54 PG.73
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INST. No.
85-1286457 O.R.
PARCELS 2 & 3
P Pyl ov4s PJg 10 A
PEP
INST. No.
83-54249 O.R.
/ POC
0\�
0.
Parcel v d,
c�
69>00 9•,
PARCEL MAP No.3602 a �,
SK.54 PG.73 0- o S=
9•
19,
170.31,
S79°27'36NE
40
0 50' 100'
SCALE: 1" =100'
Su E. Thousand Oaks Blvd.
SuAe 105
ENGINEERS I N C Thousand Oaks, CA 91360
ENGINEERING I SURVEYING Phone: 805648.48A0
C G NSTRVCTI.. N-ADEMENT www.mnsengineers.com
LEGEND
TPOB True Point of Beginning
POC Point of Commencement
RAID. Radial
11 A PARCEL RE-1
SHANJSOBECKI ,moo 57,350tSQ. FT.
SEE FOLLOWING PAGE FOR LINE &
CURVE TABLE INFORMATION
OF
EXHIBIT "B"
EXHIBIT MAP
DEDICATION AND GRANT OF EASEMENT FOR PUBLIC USE AND ROAD PURPOSES
IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
'cq L A Np SG�`
0
a SHAME C. SOBECKI p
E. Thousand Oaks Blvd.
10. 9041
tP�
Suite
4t
4.711d\Vv I1r11fldf`�—.1� Thousand Oaks. CA 91360 C OF \�O�
ENGINEERSINEERS INNCC
E RcinEaincisavEriNc Phone. 805-648-4840
coy,s rRI� 1---G-E- vww.mnsengmeers.com
Line and Curve Table
Line/Curve #
Length Bearing/Delta
Radius
L1
23.74 N42°18'33"E
�2
54.98 ( N51 °03'39"E
CITY OF SANTA CLARITA
CERTIFICATE OF ACCEPTANCE
FOR
DEDICATION AND GRANT OF EASEMENT FOR PUBLIC USE AND ROAD PURPOSES
THIS IS TO CERTIFY THAT THE DEDICATION AND GRANT OF EASEMENT FOR PUBLIC USE AND
ROAD PURPOSES BEING CONVEYED PER THE ATTACHED DOCUMENT DATED
20_ BY THE OWNER, LAURENE FRIMEL WESTE. AN INDIVIDUAL. TO THE CITY OF SANTA CLARITA,U A MNICIPAL CORPORATION, IS HEREBY ACCEPTED BY THE UNDERSIGNED OFFICER OR AGENT ON
BEHALF OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA PURSUANT TO THE AUTHORITY
CONFERRED BY RESOLUTION NO.88-119 OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA
ADOPTED ON AUGUST 25, 1988 AND THE GRANTEE CONSENTS TO RECORDATION THEREOF BY ITS
DULY AUTHORIZED OFFICER.
DATE:
MARY CUSICK, CITY CLERK
CITY OF SANTA CLARITA
RECORDING REQUESTED BY:
City of Santa Clarita
Engineering Services Division
23920 Valencia Boulevard, Suite 140
Santa Clarita, CA 91355
WHEN RECORDED MAIL TO:
Mary Cusick, City Clerk
City of Santa Clarita
23920 Valencia Boulevard, Suite 120
Santa Clarita, CA 91355
Space above this line for Recorder's use
TITLE(S)
DEDICATION AND GRANT OF EASEMENT
FOR SLOPE PURPOSES
EAS NO.21-00026
EXCHANGE AGRFFMFNT
Exhibit B
2of3
RECORDING REQUESTED BY:
City of Santa Clarita
Engineering Services Division
23920 Valencia Boulevard, Suite 140
Santa Clarita, CA 91355
WHEN RECORDED MAIL TO:
Mary Cusick, City Clerk
City of Santa Clarita
23920 Valencia Boulevard, Suite 120
SANTA CLARTTA, CA 91355
Recording Fee: Exempt (Government Code Section 27383) Space above this line for Recorder's use
APN NO(S): 2833-005-011, 2833-005-012, 2833-005-013.2833-005-014 2833-001-087 and 2833-004-097
DOCUMENTARY TRANSFER TAX: Exempt (Revenue and Taxation Code Section 11922)
The property is located in the City of Santa Clarita.
DEDICATION AND GRANT OF EASEMENT
FOR SLOPE PURPOSES
FOR A VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED,
LAURENE FRIMEL WESTE. AN INDIVIDUAL
DO(ES) HEREBY DEDICATE AND GRANT TO
THE CITY OF SANTA CLARITA. A MUNICIPAL CORPORATION
AN EASEMENT FOR SLOPE PURPOSES, AND ALL USES INCIDENT THERETO, INCLUDING THE RIGHT
TO MAKE CONNECTIONS THEREWITH FROM ANY ADJOINING PROPERTIES, UPON, OVER, AND
ACROSS THE REAL PROPERTY IN THE CITY OF SANTA CLARTTA, COUNTY OF LOS ANGELES, STATE
OF CALIFORNIA AS DESCRIBED IN THE ATTACHED EXHIBIT "A" AND SHOWN IN THE ATTACHED
EXHIBIT "B;"
LAURENE FRIMEL WESTE. AN INDIVIDUAL
DATE:
LAURENE FRIMEL WESTE, AN INDIVIDUAL
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of
On_
Date
personally appeared
before me,
Notary
of Signer(s)
Notary Public,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under
the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Place Notary Seal Above Signature of Notary Public
II ---------------------------------a OPTIONAL ----------------------------------------------
Though the information below is not required by law, it may prove valuable to person relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer --Title(s):
❑ Partner -- ❑ Limited ❑ General
❑ Attorney -in Fact
❑ Trustee TOP OF THUMB HERE
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in Fact
❑ Trustee TOPOPTHL1LfBHM
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
EXHIBIT "A"
LEGAL DESCRIPTION
DEDICATION AND GRANT OF EASEMENT FOR SLOPE PURPOSES
IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
PARCEL SE-1:
A portion of land in the City of Santa Clarita, County of Los Angeles, State of California, being a
portion of Block 194 of Tract No. 1078, as per map recorded in Book 18 Page 169 of Maps, also
being a portion of Parcels 2 and 3 described in the corporation quitclaim deed recorded October
30, 1985 per Instrument No. 85-1286457 of Official Records, and being a portion of the land
described in the individual quitclaim deed recorded January 14, 1983 per Instrument No. 83-
54249 of Official Records in the Office of the County Recorder of said County.
Lying within the following described land:
Commencing at the most westerly corner of said Parcel 3; thence, along the northwesterly line
of said Parcel 3, NORTH 12042'17" EAST 202.32 feet to the True Point of Beginning; thence,
1 St. NORTH 25°01' 15" EAST 16.93 feet; thence,
2nd. NORTH 32°00'06" EAST 24.00 feet to the beginning of a tangent curve; thence,
3rd. Along the arc of said curve having a radius of 65.00 feet, being concave southeasterly
having a central angle of 25°44'02", in a northeasterly direction 29.19 feet; thence,
4th. NORTH 57044'08" EAST 27.54 feet; thence,
5th. SOUTH 32015'52" EAST 67.58 feet; thence,
6th. SOUTH 25013'24" EAST 43.29 feet; thence,
7th. SOUTH 30°13'24" EAST 61.59 feet; thence,
8th. SOUTH 30°47'43" EAST 202.66 feet to a point on the southwesterly line of said land per
individual quitclaim deed; thence,
9th. Along said southwesterly line SOUTH 79°27'36" EAST 244.68 feet to the most southerly
corner of said land per individual quitclaim deed; thence,
10th. Along the southeasterly line of said land per individual quitclaim deed, NORTH 12°42'09"
EAST 12.80 feet to the beginning of a non -tangent curve; thence,
11th. Along the arc of said curve having a radius of 613.00 feet, being concave northeasterly
having a radial bearing of NORTH 35°40'39" EAST and a central angle of 22'03'29", in a
northwesterly direction 235.99 feet; thence,
12th. NORTH 32' 15'52" WEST 498.52 feet to a point on the northwesterly line of said Parcel
3; thence,
13th. Along the northwesterly line of said Parcel 3, SOUTH 12°42"17" WEST 315.01 feet to
the True Point of Beginning.
Excepting therefrom, the following described land:
Commencing at the most westerly corner of said Parcel 3; thence, along the northwesterly line
of said Parcel 3, NORTH 12°42'17" EAST 247.79 feet to the True Point of Beginning; thence,
1st. NORTH 42*18'33" EAST 23.74 feet; thence,
2nd. NORTH 51 °03'39" EAST 54.98 feet; thence,
3rd. SOUTH 32°15'52" EAST 320.53 feet to the beginning of a tangent curie; thence,
4th. Along the are of said curve having a radius of 726.00 feet, being concave northeasterly
having a central angle of 8°38'25", in a southeasterly direction 109.48 feet to a point on
the southwesterly line of said land per individual quitclaim deed; thence,
Page 1 of 2
EXHIBIT "A"
LEGAL DESCRIPTION
(CONTINUED)
5th. Along said southwestely line SOUTH 79027'36" EAST 170.31 feet to the beginning of a
non -tangent curve, said point being on a curve lying 92.00 feet northeasterly of, and
concentric with, the above described 4th course; thence,
6th. Along the arc of said concentric curve having a radius of 634.00 feet, being concave
northeasterly having a radial bearing of NORTH 36°58'08" EAST and a central angle of
20°45'59", in a northwesterly direction 229.79 feet to a point lying 92.00 feet
northeasterly of, and parallel with, measured at right angles to, the above described 3rd
course, thence,
7th. Along said parallel line, NORTH 32°15'52" WEST 477.50 feet to a point on the
northwesterly line of said Parcel 3; thence,
8th. Along said northwesterly line SOUTH 12'42'17" WEST 239.82 feet to the True Point of
Beginning.
Containing an area of 26,643 square feet, more or less.
PARCEL SE-2:
A portion of land in the City of Santa Clarita, County of Los Angeles, State of California, being a
portion of Parcel 3 described in the corporation quitclaim deed recorded October 30, 1985 per
Instrument No. 85-1286457 of Official Records in the Office of the County Recorder of said
County.
Said portion of land is described as follows:
Beginning at the most northerly corner of said Parcel 3; thence,
1 St. Along the northeasterly line of said Parcel 3, SOUTH 74°01'51" EAST 121.00 feet to the
most easterly corner of said Parcel 3, thence,
2nd. Along the southeasterly line of said Parcel 3, SOUTH 12°42'17" WEST 5.01 feet; thence,
3rd. NORTH 74°01'51" WEST 109.90 feet, thence,
4th. SOUTH 81°27'14" WEST 11.89 feet to a point on the northwesterly line of said Parcel 3;
thence,
5th. Along said northwesterly line NORTH 12°42'17" EAST 9.95 feet to the Point of
Beginning.
Containing an area of 632 square feet, more or less.
Signature: Date: 10/29/2024
Shane C. Sobecki, PLS
a: SHANE C. SOBECKI }`
No. 9041 7
OF CAL
Page 2 of 2
EXHIBIT "B"
\ \ / EXHIBIT MAP /
DEDICATION AND GRANT OF EASE / MENT FOR SLOPE PURPOSES
IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
INST. No.
85-1286457 O.R.
PARCELS 2 & 3 /
Parcel 3
PARCEL MAP No.3602
6K.54 PG.73
/V N
Z N
INST, No.
85-1286457 O.R.
PARCELS 2 & 3
POC
J
Parcel 4
PARCEL MAP No.3602
8K.54 PG.73 /
N \
0 50' 100'
SCALE: 1 " =100'
�� Suite
E. Thousand Oaks Blvd.
Sude 105
ENGINEERS I N C Thousand Oaks, CA 91360
ENGINEERING 13UNVETING Phone. 805-648-4840
cO__.R TION MANAGEMENT www.mnsonginews.com
i 12,5X./
PPR o 5 SOP
PEP \Ns� i
INST. No.
83-54249 O.R.
41-
� 7� Ni•
0 ",q
01
170.31,
S 7g 44.68,
27'36NE
LEGEND
POC Point of Commencement
TPOB True Point of Beginning
RAD. Radial
USOBECKI PARCEL SE-1
26,643t SQ. FT.
SEE FOLLOWING PAGE FOR
LINE & CURVE TABLE INFORMATION
Page 1 of 3
1
EXHIBIT "B"
EXHIBIT MAP
DEDICATION AND GRANT OF EASEMENT FOR SLOPE PURPOSES
1N THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
Line and Curve Table
L g h C
�N
O
a SHANE C. SOBECKI
No. 9041
100 E. Thousand Oaks Blvd.
�}�►�������� suite 105 �F
w,`�`•,
ENGINEERSINC Thousand OaksCA 9'360 C4�1
ENGINEERING[ ugvEIING Phone. 805648-4840
CONSTRUCTION MANAGEMENT www.mnsengineers.com
Page 2 of 3
Line/Curve #
Length
Searing/Delta
Radius
C1
29.19'
25044'02"
65.00'
C2
109.48'
8°38'25"
726.00'
C3
229.79'
20°45'59"
634.00'
L3
16.93
N25°01'15"E
L4
24.00
N32°00'06"E
L5
27.54
N57°44'08"E
1-6
67.58
S32°15'52"E
L7
43.29
S25°13'24"E
L8
61.59
S30°13'24"E
L9
12.80
N12°42'09"E
L10
23.74
N42°18'33"E
L11
54.98
N51°03'39"E
EXHIBIT "B"
EXHIBIT MAP
DEDICATION AND GRANT OF EASEMENT FOR SLOPE PURPOSES
IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
EP
LUTION PER INST. NO. 3509 O.R.
OB
W
vQ)
N �
2 AA.89
sBj-27114"w
40
0 10' 20'
SCALE: 1 " = 20'
E. Thousand Oaks Blvd.
Su
Suite tOS
ENGINEERS INC Thousand Oaks, CA 91360
ENGINEERING i SURVEYING Phone:805-648-4840
CON ISTRUCTION MANAGEMENT www.mnsengineers.corn
S74.015jN
'- ,"-00, F
N?4 o pl;SOn�
INST. No. 85-1 286457 O.R.
PARCEL 3
L
VE C. SOBECKI
No. 9041
pL4CERITq OyN. RO
rj
LEGEND
POB Point of Beginning
PARCEL SE-2
632t SQ. FT.
Page 3 of 3
CITY OF SANTA CLARITA
CERTIFICATE OF ACCEPTANCE
FOR
DEDICATION AND GRANT OF EASEMENT FOR SLOPE PURPOSES
THIS IS TO CERTIFY THAT THE DEDICATION AND GRANT OF EASEMENT FOR SLOPE PURPOSES
BEING CONVEYED PER THE ATTACHED DOCUMENT DATED . 20_ BY THE OWNER,
LAURENE FRIMEL WESTE. AN INDIVIDUAL TO THE CITY OF SANTA CLARITA, A MUNICIPAL
CORPORATION, IS HEREBY ACCEPTED BY THE UNDERSIGNED OFFICER OR AGENT ON BEHALF OF
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA PURSUANT TO THE AUTHORITY CONFERRED
BY RESOLUTION NO.88-119 OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA ADOPTED ON
AUGUST 25,1988 AND THE GRANTEE CONSENTS TO RECORDATION THEREOF BY ITS DULY
AUTHORIZED OFFICER.
DA
MARY CUSICK, CITY CLERK
CITY OF SANTA CLARITA
RECORDING REQUESTED BY:
City of Santa Clarita
Engineering Services Division
23920 Valencia Boulevard, Suite 140
Santa Clarita, CA 91355
WHEN RECORDED MAIL TO:
Mary Cusick, City Clerk
City of Santa Clarita
23920 Valencia Boulevard, Suite 120
Santa Clarita, CA 91355
Space above this line for Recorder's use
DOCKWEILER DRIVE EXTENSION PROJECT
DEDICATION AND GRANT OF EASEMENT FOR
TEMPORARY CONSTRUCTION PURPOSES
EAS NO. 21-00028
13001-0007/3034300.4
RECORDING REQUESTED BY:
City of Santa Clarita
Engineering Services Division
23920 Valencia Boulevard, Suite 140
Santa Clarita, CA 91355
WHEN RECORDED MAIL TO:
Mary Cusick, City Clerk
City of Santa Clarita
23920 Valencia Boulevard, Suite 120
SANTA CLARITA, CA 91355
Recording Fee: Exempt (Government Code Section 27383) Space above this Iine for Recorder's use
APN NO(S): 2833-005-011, 2833-005-012, 2833-005-013, 2833-005-014, 2833-001-087 and 2833-004-097
DOCUMENTARY TRANSFER TAX: Exempt (Revenue and Taxation Code Section 11922)
The property is located in the City of Santa Clarita.
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
This GRANT OF TEMPORARY CONSTRUCTION EASEMENT ("Easement Agreement") is
executed by LAURENE F. WESTE, an individual, ("Grantor') in favor of the CITY OF SANTA
CLARITA, a California municipal corporation, ("Grantee").
RECITALS
A. Grantor is the fee owner of that certain real property located in the City of Santa Clarita,
County of Los Angeles, State of California ("Grantor Property") described in Exhibit "A," attached
hereto.
B. Concurrently herewith, Grantor has conveyed to the Grantee certain road, slope and
drainage easements to City (the "Weste Easements") in connection with the Dockweiler Drive
Extension Project ("Project"), a multi -phased capital improvement project being coordinated by the
City and The Master's University and would extend Dockweiler Drive from its existing terminus on
the east to Railroad Avenue at 131h Street on the west in Santa Clarita, California.
C. In connection with the Project, Grantor has agreed to grant to Grantee a temporary
construction easement for the construction of the Project, including temporary access purposes and to
provide a work area for contractors during the construction period of the Project, all as more
particularly described below, for use by Grantee to complete the Project.
NOW THEREFORE, in consideration of the foregoing recitals, and other consideration, the
sufficiency of which is hereby acknowledged, the Grantor does hereby grant to Grantee a non-exclusive
construction easement ("TCE") on that certain portion of Grantor's Property described more
particularly and depicted in Exhibit "B." which is attached hereto and incorporated herein by this
reference ("TCE Area"), subject to the following terms and conditions.
1. ScoDe of TCE; Use. Grantor's grant to Grantee of the TCE is for the use of the TCE Area
by Grantee, its contractors, agents, representatives, and employees and others deemed necessary by
13001-0007/3034300.4 -1-
Grantee ("Grantee Designees") to facilitate the construction of the Project. Grantee and Grantee
Designees are authorized to use the TCE Area to facilitate the construction of the Project, including
ingress and egress, temporary access to and from the road project area, a work area for construction
activity, to facilitate the movement of construction equipment for the Project and to store material,
equipment, and stage materials and equipment as necessary for the Project.
2. Term. The term of Grantee's use of the TCE Area will commence thirty (30) calendar
days from the date upon which Grantee or its authorized representative provides Grantor with written
notice of Grantee's intent to commence its use of the TCE Area ("Commencement Date"). The term of
the TCE shall terminate on the earliest of: (i) the date upon which Grantee notifies Grantor in writing
that Grantee no longer needs the TCE, or (ii) three (3) years from the Commencement Date of the TCE
("Termination Date"), subject to extension by Grantee under Section 3 below.
3. Oration to Extend Term. Grantee may extend the term of the TCE by up to six (6) months,
on a month -to -month basis, by providing Grantor fifteen (15) calendar days' notice before the
Termination Date ("Extension Term.")
4. Compensation. Grantor acknowledges that the TCE is granted in consideration of other
terms included in the Real Property Exchange Agreement between Grantor and Grantee, including
payment for relocation expenses of improvements and property within the roadway and slope
easement areas and the transfer of other real property by Grantee to Grantor, and therefore no
compensation shall be owning to Grantor for the TCE or for use of the TEC Area during the Term or
Extended Term.
5. No Liens. In consideration for the use of the TCE, Grantee will keep the TCE Area and
Grantor's Property free of any liens, including without limitation, liens by contractors, subcontractors,
or suppliers, engineers, architects, surveyors, or others that may have lien rights for work arising out
of Grantee's use of the TCE in connection with the construction of the Project. If any such lien is filed
on the TCE Area or any portion of Grantor's Property in connection with Grantee's use of the TCE for
the Project, Grantee will, at its sole cost and expense, have the lien released and discharged of record in
a matter satisfactory to Grantor within 45 calendar days of receiving notice of the lien. If Grantee fails
to remove the lien within such 45-day period, Grantor will have the right to remove or bond over the
lien, and Grantee, upon demand, will reimburse Grantor for all reasonable costs and expenses,
including without limitation reasonable attorneys' fees incurred by Grantor in connection with such
removal or bond.
6. Grantee's Obligations at End of Term. Grantee agrees that promptly after the
Termination Date as it may be extended pursuant to the terms hereof, Grantee will leave the TCE Area
in a condition as close as possible to condition that existed in the TCE Area at the Commencement Date,
including the removal of any equipment or material stored on the TCE Area in connection with the
Project, and shall take such actions as reasonably necessary to evidence and give effect to the expiration
of the TCE, including without limitation, the recording by Grantee of a termination document, if
requested by Grantor.
7. Insurance. Grantee is an authorized self -insured public entity for purposes of
Professional Liability, General Liability, Automobile Liability and Worker's Compensation and
warrants that through its respective programs of self-insurance, Grantee has adequate coverage or
13001-0007/3034300.4 -2-
resources to protect against liabilities arising out of the performance of the terms, conditions or
obligations of Grantee pursuant to the Grant of TCE. Prior to entry onto the TCE Area, Grantee will
cause its contractor for the Project to procure and maintain a policy of commercial general liability
insurance issued by an insurer reasonably satisfactory to Grantor covering the use by and activities of
Grantee's Designees with a single limit of liability (per occurrence and aggregate) of not less than
$2,000,000, and to deliver to Grantor a certificate of insurance and copy of additional insured
endorsement naming Grantor as named additional insured, evidencing that such insurance is in force
and effect, and evidencing that Grantor has been named as an additional insured thereunder with
respect to the use by Grantee's Designees of the TCE. Such insurance will be maintained in force
throughout the term of the TCE.
8. Notices. All notices or other communications required or permitted between the Parties
hereunder shall be in writing, and shall be (i) sent by United States registered or certified mail, postage
prepaid, return -receipt requested, or (ii) sent by nationally recognized overnight courier service (e.g.,
Federal Express or United Parcel Service), addressed to the Party to whom the notice is given at the
address(es) provided below, subject to the right of any Party to designate a different address for itself
by notice similarly given. Any notice so given by registered or certified United States mail shall be
deemed to have been given on the third business day after the same is deposited in the United States
mail. Any notice not so given by registered or certified mail, such as notices delivered by personal
delivery, or courier service, shall be deemed given upon receipt, rejection or refusal of the same by the
Party to whom the notice is given. Rejection or other refusal to accept or the inability to deliver because
of changed address of which no notice was given shall be deemed to constitute receipt of the notice or
other communication sent.
To Grantee: City of Santa Clarita
23920 Valencia Boulevard
Valencia, California 91355
Attention: City Clerk
Telephone:
To Grantor: Laurene Frimel Weste
22216 Placerita Canyon Road
Santa Clarita, CA 91321
Telephone:
9. Permits. Grantee shall be responsible for securing and maintaining all necessary permits
and approvals from other appropriate local, state and federal agencies for its use of the TCE Area, and
Grantee shall comply with all applicable laws and regulations concerning its use of the TCE Area.
10. Indemnification. Grantee will, and will cause its contractor for the Project to, indemnify,
defend and hold Grantor harmless from any and all liability for loss, damages, costs, expenses,
demands, causes of action, claims or judgments, arising from or arising out of or in any way connected
with the entry, access and use of the TCE by said contractor and its designees in connection with the
exercise of the rights granted under this Grant of TCE or any breach of Grantee's or Grantee's
contractor's obligations under this Grant of TCE, and will reimburse Grantor for all reasonable costs,
13001-0007/ 3034300.4 -3-
expenses and losses, including reasonable attorneys' fees, incurred by Grantor in consequence of any
claims, demands and causes of action that may be made or brought against Grantor arising out of the
entry on and use of the TCE Area by said contractor and/or its designees in connection with the Project
or any breach of Grantee's or its contractor's obligations under this Easement Agreement.
11. Amendments. This Easement Agreement may only be amended by a writing executed
by both Grantor and Grantee and recorded in the Official Records of the County of Los Angeles.
12. Non -Interference. Grantor shall not, nor shall Grantor permit others to, erect, place, or
maintain any improvement, or undertake any other activity, which may interfere with Grantee's rights
pursuant to this Easement Agreement.
13. Governine Law: Venue. This Easement Agreement shall be construed in accordance
with the laws of the State of California. Any and all legal actions brought to enforce or interpret the
terms and provisions of this Agreement shall be commenced exclusively in a court of competent
jurisdiction in the County of Los Angeles.
14. Runs with TCE Area Land: Binds Successors. Assigns and Successors -in -Interest. This
Easement Agreement will be binding upon and inure to the benefit of the heirs, executors,
administrators, successors and assigns, and successor -in -interest of the Parties hereto, and shall
encumber and "run with" the TCE Area land.
15. Seve_ rabili1y. If any part, term or provision of this Easement Agreement is held by a court
of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining
provisions will not be affected, and the rights and obligations of the Parties will be construed and
enforced as if this Easement Agreement did not contain the particular part, term, or provision held to
be invalid.
16. Time is of the Essence. Time is of the essence of the Grantor's obligation to complete the
Project within the Tern and Extended Term.
17. Acceptance of Terms of Grant of TCE. By executing the Certificate of Acceptance for this
TCE, Grantee accepts the above terms and conditions of the grant of the TCE.
IN WITNESS WHEREOF Grantor has executed this Easement Agreement on the day and year
written below and has agreed to be bound by the terms and provisions hereof.
GRANTOR:
Laurene Frimel Weste, an individual
13001-0007/30M300A -4-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
State of California
County of
On _
Date
personally appeared
before me,
Name of Notary
Names) of
Notary Public,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Place Notary Seal Above Signature of Notary Public
---------------------------------------- OPTIONAL -------------- ------------------------------
Though the information below is not required by law, it may prove valuable to person relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer --Title(s):
❑ Partner -- ❑ Limited ❑ General
❑ Attorney -in Fact
❑ Trustee TOP OF THUMB HERE
❑ Guardian or C
❑ Other:
Signer Is
13001-0007/3034300.4 -5-
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer -- Title(s): _
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in Fact
❑ Trustee
❑ Guardian or
❑ Other:
Signer Is
LEGAL DESCRIPTION
Real P(ooe tY in the City of Santa Ciao-ita, County of Los Arg Les. State of Ca r;. ice. desa bed as ioliows:
PARCEL 1: (APN'S; 2633-Co__-087 AND
THE WESTERLY 5 ACRES OF LOT 193 OF TRACT 1274 AS PER MAP;kEC RC;E:, IN BOOK 16 PAGES 110
AND III OF MAPS, IN THE OFFICE OF THE COUNTY RECORDEF OF .SAID COUNTY.
EXCEPT THEREFPOM, THAT PORTION CONVEYED TO THE COUNTY OF LOS ANGE�E_ FOR ROAD
PIAtPCISE_ AS DE•_'.RIEED IN THAT CERTAIN DEED RECORDED ON OCTOBER 14, 1970 AS INSTRUMENT
NO. 29990E==IC_cL
ALSO EXPECT 56 PEA -CENT OF ALL OIL, GAS, MINERALS AND OTHER HY ROCAREI3N :LB:TAhCEL
LMIQftYINK SAID PROPERTY BELOW A DEPTH OF SOO FEET BELOW THE SURFACE AND SPECIFICALLY
WITMOUT THE RIGHT Of SUR=ACE ENTRY, AS ?ESERVED BY A-EEk- A, SOVERS AND ELSIE TODD
SOMERS; 1-JS5AND AND WIFE,
PARCEL 2: (APN'S, 2633-C-)5-Cil AND 2833-005-012)
THAT PORTION OF BLACK 194 OF TRACT 1078, IN THE COUNTY OF LOS A*#GELES. STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 18 PAGE 169 OF MAPS, IN THE OFFICE OF THE COi1HTY
°CARDER OF SAID COJN'Y. DESCRIBED AS ��31i=:•;�:
EGINNIt.G AT THE MOST EASTERLY CORNEF Of SAID BLOCK; THENCE NORTHWESTERLY ALONG THE
NORTHEASS'ERLY LINE OF SAID BLOCK, 121 FEET; THENCE SOU'HERLY PARALLE_ 'WITH THE
ATER_y LINE OF SAID BLOC(, 730,62 FEET TO THE WESTERLY PROLONGATION OF THAT COURSE
Of THE _'JU'HERLY LINE OF SAID BLOCK; jhOWN ON SAID MAP AS NORTH 8011 06''NEST 99:50 FEET;
'HENCE EAJ'ERLY ALONG SAID PROLa4GA'ION AND ALONG SAID COURSE OF THE SOUT14ERLY LINE
Of SAID BLOCK, 120.89 FEET TO THE S%UTHEASTERL'� CORNER OF SAID BLOCK; THENCE NORTHERLY
ALONG THE A_TERLY LINE OF SAID BLOCK, 719.47 FEET 'TO THE POINT OF BEGINNING.
EXCEPT THEREFROM AN JNDI'lIDED ONE-t-ALF Ih'E;ES'' OF OIL AND M NERAL ;1Go.1TS AS RESERVED
IN THE DEED FROM LOS ANGELES HOME COMPANY A CC�P�3:ATI�3N RECORDED IN BOOK 24036
PAGE 122 OF OF9CIA_ RECOkDS.
ALSO EXCEPT T}+EPELRO6' THAT PORTION CONVEYED TO'THE CO'JN—Y OF LOS ANGELES FOR ROAD
12RP0.` r AS DEECRIBED IN THAT CERTAIN DEED RECORDED OC-OBER 14, 1970 AS UCTRWENT
NO. 2999, OFFICI.A_ RECO2DS OF SAID COLiNTY.
:AR" -EL 3: (APN S: 2633-&35-C13 AND 2833-005-t}14)
THAT PORTION OF BLOCK 194 OF TRACT 1078, IN THE COUNTY OF LOS ANGELES. STATE OF
CALIFORNIA, AS PER MAP RECOI;DED IN BOOK 18 PAGE 169 OF MAPS, IN THE OFFICE OF THE COUNTY
:kECORDER OF SAID COJN" Y, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORT-r_a_TERLY LINE OF SAID BLOCK, JIrTANT V3RTH17iE_T.F L'r
'HEREON III FEET FROM THE MOST EAL TEF:LY CORNER OF SAID BLOCK; T?-ENCE N0R—H;VE-:TERLY
ALONG SAID NORT*iEASTzRLY LINE 121 FEET; THENCE SOUTHERLY PARALLEL WITH THE EASTERLY
LINE OF SAID BLOCK; 741.77 FEET TO THE WESTERLY PROLONGATION OF THAT COURSE OF THE
OLTHER_Y LINE OF SAID BLOCK, SHOWN ON SAID MAP AS NORTH 80' 06' WEST 99.50 FEET;
'HENCE EAS'ERLY ALONG SAID PROLONGATION: 120.87 FEET TO A LINE PARALLEL WITH THE
i-%TER_Y LINE OF SAID BLOCK AND WHICH PASSES THROUG/4 THE POINT OF BEGINNING; THENCE
`i:�RTFEPLY ALONG SAID LAST MENTIONED PARALLEL LINE, 730.62 FEET TO THE POINT OF
5E _ P+Nit' S .
13001.1)00 7 / 30343 00. 4
-.CEPT THEPEFR:;M AN JNDIVIDED ONE-Id1LF INTEkEST Of OIL AND MINER„L �I :-!T AS
tiESERVED IN THE DEED FROM LO6 A1�QlZ HOME CC*4PANY A CORPORATION, r.ECOA Ei
DECEMBER 11, 1946 IN BOOK 24036 PAGE 122 OF OFFICIAL RECORDS.
ALSO EXCEPT THEREROM THAT PORTION CONVEYED TO THE COt*M OF LOS AWAIES FOR ROAD
PURPOSES AS DESCRIBED IN THAT CERTAIN DEED RECORDED OCTOBER 14, 1970 AS INSTRUMEW
NO. 2999, OFFICIAL RECORDS OF SAID COUNTY.
13001-0007/3034300.4
EXHIBIT "B"
LEGAL DESCRIPTION AND DEPICTION OF
TEMPORARY CONSTRUCTION EASEMENT
[See attached]
13001-0007/3034300.4
EXHIBIT "B"
LE13AL DESCRIPTION
GRANT OF EASEMENT FOR TEMPORARY CONSTRUCTION PURPOSES
IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
PARCEL TCE-1:
A portion of land in the City of Santa C,ar ;a. County of Los Angeles. State of C'30omia, beinq a
portion of Block 194 of Tract 1078 as per map recerded in Hook 18 Page 169 of Maps, also
being a portion of Pa►sets 2 and 3 described in the corporation quitcwr deed recorded October
30, 1985 per Instrument No. 85.1 Z86457 of Official Records and being a portion of the land
described in the "tiv+oua3 Cu:tclaim deed recorded January 14, 1983 per irstrument No. 83-
54249 of Official Records in the Office of Fine County Recorder of said County
Lying *Rhin the following describes land
Commencing at the most westerry comer of said Parcel 3: thence, along the norh&es:e1i Fine
of said Parcel 3 NORTH 12'4:2'17" EAST 92.34 feet to the True Paint of Beginning: thence.
1s1. SOUTI- 77'17'43' EAST 3.00 feet. hence.
2nd. NORTH 12'4217' EAST 34.70 feet: thence
3rd. NORTH 14'50'1Z' EAST 20.27 feet thence
41h. NORTH 16`53 28" EAST .38.21 feet: thence
51h. NORTH 25'0115" EAST 31.45 feet; thence.
6th_ NORTH 32'00'06' EAST 23.39 feet thence
7th_ NORTH 44'52'07' EAST 24,50 feet: thence
8th. NORTH 57'44'CS' EAST 17.54 feet, thence
9th_ SOUTH 32"15'52' EAST 56.96 feet: thence
loth. SOUTH 25.1324' EAST 43.11 feet; thence.
1Ith. SOUTh 30'1324- EAST 62.07 feet. thence.
12th. SOUTH 30'47'43' EAST 125.15 feet: thence.
13th. NORTH 1.2'42"17' EAST 14.53 feel thence
14th. SOUTH 3C'47'43" EAST 88.10 feet to a point on the scuth*este'ty fine of said land per
Frith 4WI QuAclaim deed, thence
15th. Along said southweswty line SOLT-I 79'27'36' EAST 244 68 feet to the most soutr_e"t;
comer of said land per individual ou tclaim de+sj thence
16th Along the southeasterly line of said land per individual quitcla m deed. NORTH 12'42 C9'
EAST 22.59 feet to the 5egmotng of a non -gent curve', thence.
17th. Along the arc of said curve having a radius of 604.00 feet, being concave roveasterly
naving a radial bearing of NORTH 36'02'24" EAST and a central angle of 21'41'44 . in a
northwesterry directi. 228.71 feet: thence,
18th NORTH 32`15'52" WEST 367.76 feet: thence.
19th. NORTH 14'48'0C- EAST 18.06 feet; thence
20th. NORT-1 52'5815- `NEST 34.12 feet; thence.
21st. NORTH 37'20'55-WEST 12.98 feet: thence.
22nd. NORTH 15' 12'16" EAST 20.09 feet thence
23rd. NORTH 75*53'1 3'WEST 21.46 feet: thence.
24th. NORTH 32'15'52"'NEST 53.51 feet to a point on the ncrthAes*.eriy fine of said Parce? 3.
thence
25th. Along said nort^wester y line SOJ I H 12'42'17" WEST 437.71 to the True Point of
Beginning.
13001-000i f 3034300.4
EXHIBIT "B"
LEGAL DESCRIPTION
(CONTINUED)
Excepting therefrom the following described land:
Commencing at the most westerly comer of said Parcel 3: thence. along the northwesterly line
of said Parcel 3 NORTH 1.2'4117" EAST 202.32 feet to the True Point of Beginning- thence
1st. NORTH 25'01'15' EAST 16.93 feet: thence,
2nd. NORTH 32'00'06" EAST 24.00 feet to the beginning of a tangent curve; thence.
3rd. Along the arc of said curve having a radius of 65.00 feet being concave southeasterly
having a central angle of 25'44'02" in a northeasterly direction 29.19 feet: thence
4th. NORTH 57'44'08' EAST 27.54 feet; thence
5th. SOUTH 32' 15'52' EAST 67.58 feet; thence.
6th. SOUTH 25'1124' EAST 43.29 feet; thence.
71h. SOUTH 30'13'24' EAST 61.59 feet: thence.
8th SOUTH .30`47'43' EAST 202.66 feet to a point on the southwesterly line of said Lind per
individual quitclaim deed; thence.
9th. Along said southwesterty line SOUTH 79.27'36' EAST 244.68 feet to the most soutnerty
comer of said land per individual quitclaim deed; thence.
10th. Along the southeasterly line of said land per individual quitclaim deed NORTH 12142'09'
EAS"T 12.80 feet to the beginning of a non. -tangent curve, thence.
11 th. Along the arc of said curve having a radius of 613.00 feet. being concave northeasterly
having a radial bearing of NORTH 35'40'39" EAST and a central angle of 22'03'29', in a
northwesterty direction 235.99 feet: thence.
12th. NORTH 32' 15'62' WEST 498.5.2 feet to a point on the northwesterly line of said Parcel
3; thence.
13th Along the northwesterly line of said Parcel 3, SOUTH 12'427*17- WEST 315.01 feet to
the True Point of Beginning.
Containing an area of 11.444 square feet, more or less.
13001-0007/ 3034300.4
EXHIBIT ..B'.
LEGAL DESCRIPTION
(CONTINUED)
PARCEL TCE-2j
A portion of tans r. the City of Santa C!anta. Counry of Los Angeles. State of California, oe+ng a
portion of Parcel 3 described in the corporation quitclaim deed recorded October 30. 1986 per
Instrument No_ 85-1286457 of Official Records in the Office of the County Recorder of said
C ount/.
Said portion of land is described as follows
Commencing at the most northerty comer of said Parcel 3 thence; along the northeasterly line
of said Parcel 3 SOUTH 74'01'51- EAST 121.00 feet to the most easterly comer of said Parcel
3 thence along the southeasterly line of said Parcel 3 SOUTH 12442'1T WEST 5.01 feet to
the True Point of Beginning thence.
1st. NORTH 74'01'51' WEST 109.90 feet; thence,
2nd. SOUTH 81*27'14' WEST 11.89 feet to a point on the northwesterly line of said Parcel 3,
thence,
3rd. AkxV said northwesterly line SOUTH 12'42'17' WEST 5 36 feet thence
4th. NORTH 61'27'14' EAST 17.57 feet; thence.
5th. SOUTH 74'01'6V EAST 104.80 feet to a point on said southeasterly line of .said Parcel
3: thence.
611K Along said southeasterly line, NORTH 12'42'17' EAST 3.00 feet to the True Point of
Beginning.
Containing an area of 395 square feet, more or less
Signature: X4,4rf. x.'•t +tea_ Date: 9i1112024
Shane C. Sobecki, PLS
13001-0007/3034300.4
\ I
\ I EXHFBIT MAP
GRANT OF EASEMENT FOR TEMPORARY CONSTRUCTION PURPOSES
IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
< 1NST.No.
"O 85-1286457 O.R.
L29PARCELS 2 S 3
L28
L2
L
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12
C P
L25
9 Pp�
2
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P>cP
Parcel 3
PARCE;- MAP No.3602
3
8K.54 PG.73
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INST. No.
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83-54249 O.R.
J
L10
i INST. No.
85-1286457 O.R.
<��
PARCELS 2 $ 3
V
POC
N12'42'17"E
�
92.34'
L22
0;0 p9s
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Parcel 4
PARCEL MAP No.3602
BK.54 PG.73
N \
IM
0 50' 100'
SCALE: 1 " =100'
M 11111111111111L lllllffd� 100 E. Thousand Oaks Blvd.
3uee tr15
".`I `; IN E S;t -, : N C T. ou.saod Oaks, CA 91360
suR"' ,c Phone: 805648-4MO
J .. _ . ..-GEME- www.mnsengin"n.com
-2 6
S79
LEGEND
\ POC Point of Commencement
NPt ' ANp TPOS True Point of Beginning
0 RAD, Radial
PARCEL TCE-1
SHANE C. SOBECKI °z
No. 9041 11,444t SQ. FT.
SEE FOLLOWING PAGE FOR LINE &
CURVE TABLE INFORMATION
or E
EXHIBIT "C"
EXHIBIT MAP
GRANT OF EASEMENT FOR TEMPORARY CONSTRUCTION PURPOSES
IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
Line and Curve Table
Nni. LAh�
G
Q 1
a SHANE C. SOBECKI )
No. 9041
Thousand
E. Oaks Blvd.
tiill..i\v llrlprllA,'✓1L''�ri� Sui
Suite
te 105
�F
'ENGILNEERS INC Thousand Oaks, CA91360
ENGINEERING I SURVEYING Phone805.6484840
CON S TRUCTIGN UANAGEME41 www.mnsengineers.comy
Line/Curve 4
Length
Bearing/Delta
Radius
L10
3.00
S77°17'43"E
111
34.70
N12°42''17"E
L12
20.27
r`I14°50'12"c
L13
38.21
N16'53'2$"E
L14
31.45
t�l25°Q1'15"E
L15
23.39
N32°QO'06"E
L16
24.50
N44°52'07"E
L17
17.54
N57'44'08"E
L18
56.96
532°15'52"E
L19
43.11
325°13'24"E
L20
62.07
S30°13'24"E
L21
125.15
S30°4T43"E
L22
14.53
N12°42'17"E
L23
88.10
S30°47'43"E
L24
22.59
N12°42'09"E
L25
1$.06
N14°48'00"c
L26
34.12
N52°58'S5'�AJ
L27
12.98
N37°20'55"VAJ
L28
20.09
N15°12'16"E
L29
21,46
N75°53'13"VV
L30
53.51
N32°15'52'%AJ
EXHIBIT "C"
EXHIBIT MAP
GRANT OF EASEMENT FOR TEMPORARY CONSTRUCTION PURPOSES
IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
E--Poc
LUTION PER INST. NO. 3509 O.R.
` \ PCACFR/Tq CYN R
S81°27'14"W
r. 11.89 O.
°a Si2000 1 E
04 LO 17 57'
N81' 27'14" E ;'4 °015 j.,
109.go, W
S 12°42' 17"W
10460,5.01'
S,4 0015-F TPOB
N
Z
INST. No. 85-1286457 O.R.
PARCEL 3
LEGEND
PCIC Point of Commencement
�'oNPS��- A�s� TPOB True Point of Beginning
0 10' 20'UCSA)4
PARCEL TCE-2
395t SQ. FT.
SCALE: V=20' 100 E. Thousand Oaks Blvd.suke 105ENGINEERS INC Thousand Oaks, CA 91360
ENGINEERING I SURVEYING Phone: 805.648-4840
CONSTRUCTION MANAOEMENT www.mnsengineers.com
City of Santa Clarita
CERTIFICATE OF ACCEPTANCE
OF
TEMPORARY CONSTRUCTION EASEMENT PURPOSES
This is to certify that the Temporary Construction Easement being conveyed per the attached
document dated , 20 by the owner, Laurene Frimel Weste, an
individual, to the City of Santa Clarita, a municipal corporation, is hereby accepted by the
undersigned officer or agent on behalf of the City Council of the City of Santa Clarita pursuant
to the authority conferred by Resolution No. 88-119 of the City Council of the City of Santa
Clarita adopted on August 25,1988 and the Grantee consents to recordation thereof by its duly
authorized officer.
DATE:
MARY CUSICK, CITY CLERK
CITY OF SANTA CLARITA
13001-0007/3034300.4
DRAFT
Exhibit "C"
Form of Nursery Agreement
PARTIAL LEASE TERMINATION AGREEMENT
(Nursery)
THIS PARTIAL LEASE TERMINATION AGREEMENT (this "Agreement") is dated as
of , 202_, and is entered into by and between LAURENE FRIMEL WESTE
("Landlord") and ("Tenant").
RECITALS:
A. Landlord and Tenant have entered into an oral lease ("Lease") for the use of the
property described on Exhibit "A" (the "Premises"). Tenant uses the Premises to
operate a plant nursery.
B. The City of Santa Clarita ("City") and Landlord have entered into a Real Property
Exchange Agreement ("Exchange Agreement") which contemplates that Landlord will
grant to City roadway, slope and construction easements over a portion of the Premises
as described on Exhibit "B" (the "Dockweiler Drive Easement Areas").
C. The Exchange Agreement requires as a condition to closing that Landlord and Tenant
enter into this Agreement to terminate the Tenant's lease as to the portion of the
Premises containing the Dockweiler Drive Easement Areas.
AGREEMENT:
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants set
forth herein, the parties hereto agree as follows:
1. Termination of Lease as to the Dockweiler Drive Easement Areas. The Lease
shall terminate as to the land within the Dockweiler Drive Easement Areas on or before the
Escrow Closing Date as provided in the Real Property Exchange Agreement between the City
and Landlord, notice of which Landlord shall provide to Tenant not less than ten (10) days after
the Effective Date of that Agreement and Tenant shall vacate the land within the Dockweiler
Drive Easement Areas by such Escrow Closing Date and remove all of its personal property and
fixtures. If Tenant does not timely do so, then Landlord or City may retain, remove or dispose of
such personal property and fixtures without obligation or liability to Tenant, and Tenant hereby
waives any statutes and laws to the contrary.
2. Tenant Waiver of Relocation Rights/Benefits. In connection with such termination
and vacation of the Dockweiler Drive Easement Areas, Tenant hereby waives any and all rights
and claims it may have against Landlord or City under the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (42 U.S.C. Section 4601 et seq.), if applicable,
and under California Government Code Section 7260 et seq. and the Relocation Assistance and
Real Property Acquisition Guidelines (Chapter 6 of Title 25 of the California Code of
Regulations).
In that regard, Tenant hereby waive and relinquish all rights and benefits under
California Civil Code Section 1542, which provides as follows:
Exhibit C-1
13001-0007\3004124v17.do c
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE
CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY."
Landlord's Initials Tenant's Initials
City is Third Party Beneficiary. The City is a third party beneficiary of this
Agreement
4. Entire Agreement. This Agreement is the entire agreement between the parties
hereto with respect to the subject matter hereof and supersedes all prior and contemporaneous
oral and written agreement and discussion.
5. No Waiver. The waiver of any provision of this Agreement must be in writing and
signed by the party providing such waiver. The waiver of a breach of any provision of this
Agreement shall not be deemed to be a waiver of such provision or any subsequent breach of
the same or any other provision of this Agreement. Acceptance of performance after the due
date of such performance shall not be deemed to be a waiver any preceding breach of any
provision of this Agreement, regardless of the accepting party's knowledge of such preceding
breach at the time of acceptance of such performance. The parties further acknowledge and
agree that if and to the extent that either party does not require the other to strictly comply with
the covenants, agreements and obligations contained herein, such action or inaction shall not
constitute a waiver of, or otherwise affect or prejudice in any manner, either party's present or
future rights, remedies, benefits or powers, including the right to require performance of such
covenants, agreements and obligations strictly in accordance with the terms and provisions of
this Agreement.
6. Severability. If any court of competent jurisdiction determines any provision of
this Agreement to be invalid, illegal or unenforceable, that provision shall be deemed severed
from the rest, which shall remain in full force and effect as though the invalid, illegal or
unenforceable provision had never been a part hereof.
7. Modifications. No provision of this Agreement may be changed, discharged,
supplemented, terminated or waived except in a writing signed by the parties hereto and the
City.
8. Successors and Assigns. This Agreement shall be binding upon, and inure to
the benefit of, the parties and their respective successors and assigns.
9. Counterparts; Electronic Signatures. This Agreement may be executed in any
number of counterparts, each of which, when executed and delivered, shall be deemed to be an
original, and all of which, taken together, shall be deemed to be one and the same instrument.
Emailed copies of this Agreement may be executed and may be delivered by email to
for Landlord and to for Tenant and to the Director of Public Works for City.
10. Governing Law: Jurisdiction. The terms and conditions of, and the rights and
obligations under, this Agreement shall be construed and enforced in accordance with, and
Exhibit C-2
13001-0007\3004124vI Tdoc
governed by, the local laws of the State of California. Tenant hereby submits to the jurisdiction
of the Courts of the State of California in Los Angeles County for purposes of unlawful detainer
proceedings and otherwise.
11. Time of Essence. Time is of the essence of each provision hereof in which time
is a factor.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Agreement as of the
day and year first set forth above.
LANDLORD:
Laurene Frimel Weste
TENANT:
By:
Print Name:
Title:
Exhibit C-3
13001-0007\3004124v 17.doc
EXHIBIT "A"
(TO PARTIAL LEASE TERMINATION AGREEMENT)
PREMISES
13001-0007\3004124v 15. doc
DRAFT
EXHIBIT "A"
(TO PARTIAL LEASE TERMINATION AGREEMENT)
PREMISES
Premises
EXHIBIT "B"
(TO PARTIAL LEASE TERMINATION AGREEMENT)
DOCKWEILER DRIVE EASEMENT AREAS
(LAND AREA TO BE VACATED BY NURSERY)
13001-0007\3004124v15.doc
EXHIBIT "B"
(TO PARTIAL LEASE TERMINATION AGREEMENT)
DOCKWEILER DRIVE EASEMENT AREAS
(LAND AREA TO BE VACATED BY NURSERY)
Ad
10
Af
SR.r
16
Dockweiler Drive Easement Areas
Premises
Exhibit "D"
City Fence Specifications
13001-000M0041240 5. d oc
Omega Architectural • ' �)
--- D
PLACERITA CANYON ROAD'q4:
a_ .
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/ OCo w
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— PROP "p EGA'
FFNCEI!!EASEMEh/�
/ I
PROP )MEGA`
J t: FENCF/SLOPE EASEMENT
�' • /' SLOPE EASEMENT I f I
BIKE PATH —\4, I fCMRORMY CONS7#7 'r{UN I I \
EX P/L , 1 I El 4?N5T rf( N F ►f \
RETAININLr WAL;, 9
4
FENCE /FASEME' I ;
00 Co
-
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\ O O I
\ N N
100• 50, 0' 50' -- 100'
\ /
SCALE t• e 100'
MNS DOCKWEILER DRIVE EXTENSION PROJECT '
SANTA CLARITA
PROPERTY OWNER EXHIBIT: LAURENE WESTE CAPITAL IMPROVEMENTS