Loading...
HomeMy WebLinkAbout1994-02-22 - AGENDA REPORTS - AMEND LEASE PARKING LOT (2)AGENDA REPORT Approval ed by: Jeff Kol' I CONSENT CALENDAR DATE: February 22, 1994 SUBJECT: Saugus Speedway Lease of Metrolink Parking Lot -- Amendment of Lease to Suspend $2,000 Monthly Payment to the City for Speedway use of the Metrolink lot. DEPARTMENT: Public Works BACKGROUND Due to the recent earthquake, at its meeting of February 8, 1994, the Council approved an indefinite suspension of the $2,000 monthly payment made by the Saugus Speedway to the City for the Speedway's use of the City's Metrolink parking lot as overflow parking for speedway events; this is because the City is now using the speedway lot for overflow parking from the Metrolink station. As part of the agenda report for the February 8th meeting, it was indicated that the staff would return to the Council on February 22nd, with an amendment to the agreement. Attached is a the full agreement and a short amendment for the Council's consideration. RECOMMENDATION Approve the amendment and authorize the Mayor to sign on behalf of the City. ATTACHMENTS 1. Existing agreement 2. Proposed amendment metrol04.mar Continued To: 3 -�--g y AMENDMENT TO AGREEMENT AND LEASE This Amendment to the Agreement and Lease, dated October 15, 1992, between the City of Santa Clarita, a municipal corporation ("City") and he Rodeo Land Company, A Nevada Corporation ("Rodeo") is made as of this day of February, 1994 Subsection (c) of Section 6, is amended to read as follows: W Suspended City shall impose no fee or further charge upon Rodeo or it patrons. In the event Rodeo shall charge a parking fee to its patrons, Rodeo shall pay 50% of parking fee collected.: A general admission charge is not a parking charge." CITY OF SANTA CLARITA, A Municipal Corporation LA Mayor Date: RODEO LAND COMPANY A Nevada Corporation Date: metrolOkmar Attest: City Clerk Date: Approved as to Form: In Date: Carl Newton, City Attorney AGREEMENT AND LEASE This Agreement is made as of this k day of October, 1992, by and between the City of Santa Clarita, a municipal corporation ("City") and Rodeo Land Company, a Nevada corporation ("Rodeo") in reference to the following facts: A. City in conjunction with others is developing a site in the City of Santa Clarita for a commuter rail station on property depicted on Exhibit "1" hereto as "Commuter Rail Station" (the "Station Site"). B. In connection with the development of the Station Site, City has deemed it necessary to develop a right tum lane off of Soledad Canyon Road as depicted on Exhibit "2a" hereto. C. Rodeo owns property shown as the shaded area marked F-1 on Exhibit "2" ("Parcel F-1 ") and property shown as the shaded area marked S-1 on Exhibit "2a" hereto, ("Parcel S-1 ") and more particularly described as Part B and Part A, respectively on Exhibit "Y hereto, and adjoining property west of the Station Site ("Adjacent Rodeo Property"), D. City has had discussions with Rodeo regarding acquisition of Parcel S-1 and Parcel F-1 and has adopted a Resolution of Necessity for the acquisition by eminent domain of the said parcels, and in connection therewith caused an appraisal of said parcels. E. Rodeo is willing to convey to City Parcel F-1 and Parcel S-1 on certain terms and conditions. F. Rodeo has leased portions of the Station Site for parking and other purposes. �� 1 G. City and Rodeo have entered into a License Agreement dated August 6, 1992, with respect to Parcel F-1. Said License Agreement provides in part for the City to conduct grading activity on Parcel F-1 in connection with the development of the Commuter Rail Station. NOW, THEREFORE, ITIS AGREED: 1. City agrees to pay to Rodeo the sum of $10,000 upon Rodeo's grant of Parcel S-1 to City. 2, Rodeo agrees to grant to City Parcel F-1. City agrees to pay to Rodeo the price established for Parcel F-1 by the procedure set forth in paragraph 4 unless otherwise established by agreement with the City. 3. Rodeo will deliver to City a fully executed grant deed in recordable form for Parcels S-1 and F-1 as set forth in paragraphs 1 and 2 within five working days of City's delivery to Rodeo of a fully executed copy of this Agreement. City will deliver to Rodeo $10,000 in payment of Parcel S-1 within five days of the delivery of Rodeo's conveyance. City will deliver to Rodeo the price established for Parcel F-1 within five working days after the purchase price of F-1 becomes final, but in no event more than 180 days after execution of this Agreement; provided, however, that City may elect to excuse rent for parking as provided in paragraph 6 in satisfaction of the purchase price on a dollar for dollar basis. 4. City and Rodeo agree that if purchase price of Parcel F-1 is not determined by agreement, the following method shall be used. (a) Not later than 90 days after the execution of the Agreement, Rodeo and City shall each appoint an MAI appraiser, with not less then ten (10) years of experience ( ; - 2 in appraising commercial property in Southern California, and shall give written notice thereof to the other party. If either party fails to appoint such an appraiser, the non - defaulting party shall have the right to apply to the Superior Court of Los Angeles, California, for the appointment of the two (2) appraisers, and the two (2) appraisers shall jointly appoint a third appraiser and give written notice thereof to Rodeo and City. If, within such ten (10) day period, the two (2) appraisers fail to appoint a third appraiser, then either party hereto shall have the right to make application to the aforementioned Superior Court to appoint such third appraiser. (b) Within thirty (30) days after the appointment of the third appraiser, the appraisers shall determine the fair market value of Parcel F-1 in accordance with the provisions of Paragraph 4(a), and shall execute and acknowledge their determination of fair market value in writing and cause a copy thereof to be delivered to each of the parties hereto. The appraisers shall make all determinations of value with respect to Parcel F-1 as of the date of their determination. This determination shall be based on sales of comparable property in the area in which Parcel F-1 is located. If, in the judgment of the majority of the appraisers, however, no such comparable sales are available, then the appraisal shall be based upon any other reasonable method. Regardless of the appraisal method used, the appraisal shall be based upon the following assumptions: That Parcel F-1 is free and clear of: (I) all improvements installed on the Parcel after August 1, 1992 (except to the extent such improvements were installed thereon or therein at the cost and expense of Rodeo), and (ln easements, encumbrances, and other exceptions provided such easements, encumbrances and other matters did not exist as of the date of this Agreement, were not voluntarily ! 1 - 3 - incurred by Rodeo, or were not caused by Rodeo; provided further that the license referenced in Recital "G" hereof is not "voluntarily incurred" or "caused" by Rodeo for purposes of this paragraph 4. (c) The value of the Premises shall be determined without regard to the proximity of the rail station or the existence of any improvements constructed in connection with the rail station; and (d) The value of Parcel F-1 shall be based upon the value of similarly located property in the City of Santa Clarita zoned for general commercial uses. If a majority of the appraisers are unable to agree on the Primary Fair Market Value of the Premises or the purchase price for the Premises within thirty (30) days of the appointment of a third appraiser, the determination of the three (3) appraisals in dispute shall be added together and their total divided by three. The resulting quotient shall be the determination of the Primary Fair Market Value of the Premises or the purchase price (as the case may be). If, however, the low appraisal and/or high appraisal is or are more than ten percent (10%) lower and/or higher than the middle appraisal, the low and/or high appraisal shall be disregarded.; If only one appraisal is disregarded, the remaining two (2) appraisals shall be added together and their total divided by two. The resulting quotient shall be the determination of Primary Fair Market Value or the purchase price, as the case may be. If both the low and the high appraisals are disregarded, the middle appraisal shall be the fair market value of the Premises. (e) Payment of Fees. Each of the parties hereto shall pay for the services of its appointed appraiser and one-half of the fees charged by the appraiser selected by their appointees and one-half of all costs of the appraisal. - 4 - 5. City has investigated to its satisfaction Parcel F-1 and Parcel S-1 and accepts as is, subject only to liens of record, as set forth in Exhibit "4." Real property taxes shall be prorated effective upon delivery of the deeds as set forth in paragraph 3. Rodeo agrees it will cause no additional encumbrances on said parcels. Rodeo has no actual knowledge of the existence of or presence of any toxic or hazardous material on or beneath Parcel F-1 or Parcel S-1. In connection with this representation, Rodeo has made no investigation to determine the existence or presence of toxic or hazardous material on Parcel F-1 or Parcel S-1. parking. 6. City is acquiring the right to sublease portions of the Station Site for (a) City subleases to Rodeo and patrons of Rodeo scheduled events the non-exclusive right to the use of no less then 450 parking spaces shown on Exhibit "5," to be used only between the hours of 6:00 a.m. Saturday through 10:.00 p.m. the following Sunday. (b) The term of the parking sublease is one year commencing November 1, 1992, and continuing from year to year unless sooner terminated. Either party may terminate this sublease upon giving the other party 90 days advance written notice addressed as follows: City Manager, City of Santa Clarita 23920 Valencia Boulevard, Suite 300 Santa Clarita, CA 91355 -or- 5 - Rodeo Land Company c/o Tom Doran Knapp, Marsh, Jones & Doran Manulife Plaza 515 So. Figueroa St, Suite 1240 Los Angeles, CA 90017 (c) Rent shall be $2,000 per month commencing November 1, 1992. City shall impose no fee or further charge upon Rodeo or its patrons. In the event Rodeo shall charge a parking fee to its patrons, Rodeo shall pay 50% of parking fees collected. A general admission charge is not a parking charge. (d) Use of the premises by Rodeo is limited to parking of automobiles and temporary storage of auto transport vehicles utilized by patrons and participants of events conducted on Rodeo property. (e) Maintenance. Normal maintenance and repair to the parking lot shall be the responsibility of the City or its agent(s). 7. As additional consideration for the conveyance of Parcel S-1, the City will, concurrently with the delivery of the deed described in paragraph 3 deliver to Rodeo in the form attached hereto as Exhibit "6" a recordable temporary easement for motor vehicular access between Soledad Canyon Road and the Adjacent Rodeo property via the drive (proposed Commuter Way) and two driveways (minimum width 24 feet) as indicated on Exhibit 6a. City will take such steps as are reasonably necessary to make said easement a permanent easement upon acquiring fee title to the drive area, or, in the alternative, will provide motor vehicle access between Soledad Canyon Road and Rodeo property east of the - 6 - Station Site at a location within the Parcel S-1. 8. Any and all rights granted to Rodeo herein may be assigned by Rodeo without restriction. 9. Each provision of this Agreement is given in consideration of each of the other provisions. CITY OF SANTA CLARITA, Attest: A Municipal Corporation 7 by:JA ZJL Jillajic, 1 a, r Donna M, rindey, City C Date: Date: v cid -a RODEO LAND COMPANY Approved as to Form: A Nevada Corporation By: By: arl Newton, Cit Att rney Date: // /� Date: 0 A DEL: rd rodeoagr.rai - 7 - I EXHIBIT 1 /L Initial Premises ..ls i I I ' EXHIBIT B-1 EXHIBIT 2 w WIu.DAN ASSOCIATES Ul ENGINEERS • PL:AN NEW 858 W..=KMAN ST 204 _H LAN'..A TER,CA..93534 Z (805) 945-884811110KEC_KED BY: J cisC ` -�= Aly r 0 U WIu.DAN ASSOCIATES SCAL £- �a>r 111 ENGINEERS • PL:AN NEW 858 W..=KMAN ST 204 DRAWN BY; WL'O' LAN'..A TER,CA..93534 (805) 945-884811110KEC_KED BY: O Q DATE: to-�-q2 FIELD BOOK: JOB N0, SKETCH FOR LAND DED IC %T101\I cisC ` -�= Aly r -o - y: b' O O x � v n 1 SKETCH FOR LAND DED IC %T101\I EXHIBIT 2a CURVE DATA C n � SCA E! �T•s • 0A7c>: I 5.13.92 ENGINEERS• PLANNERS q�c7 V SKE I CH 2 7`7047" 0-44.64-7' g5.04 22.95 9 3`301" 2940cn' }rte o0 75.02 4 5`4l' 2539 ct�' 251.9 3 17(0.07 V`0 5n 4 f a100. �P02Et7 p�/W .� CJ' A•1't•6. 7$3x0-OI1 • pll / 773 t.r+. o02Ao. Ro,4D COMMUTER IZAILGrCa-t•Ic74 rnt'tE f�-lama,-r�ar�,N�t�vFcrzt�TTr�tzt�l �aNe WILLDAN ASSOCIATES SCA E! �T•s • 0A7c>: I 5.13.92 ENGINEERS• PLANNERS V SKE I CH DRAIN By: I FIELDK ' WW 858 W. JACKMAN SCSiE_204 NC LAASTER�CA. 93534 �F�1O^^R RIGHT O i- WAY Y CHECKED BY: -�G • JDB- tJ0 t 3oQio (805) 945-8848 - D= D I C t -,T I O N EXHIBIT 3 PART A: THAT PORTION OF THE LAND SH JWN AS PARCEL 1 OF PARCEL MAP NO. 13524 IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AS PER MAP FILED IN BOOK 148, PAGES 88 AND 89 OF PARCEL MAPS, RECORDS OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SOLEDAD CANYON ROAD, 120 FEET WIDE AS SAME EXISTED ON MAY 5, 1992 WITH THE NORTHWESTERLY LINE OF PARCEL NO. I OF INSTRUMENT NO. 91-1170920 RECORDED JULY 29, 1991 RECORDS OF SAID COUNTY, SAID INTERSECTION BEING A POINT ON A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2,535 FEET, A RADIAL TO SAID CURVE BEARS NORTH 37 DEGREES 28 MINUTES 02 SECONDS EAST; THENCE SOUTH 37 DEGREES 33 MINUTES 29 SECONDS WEST, 5.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2,540 FEET; A RADIAL TO SAID CURVE BEARS NORTH 37 DEGREES 28 MINUTES 03 SECONDS EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3 DEGREES 23 MINUTES 01 SECONDS, A DISTANCE OF 150.00 FEET TO A POINT OF COMPOUND CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 349.67 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7 DEGREES 22 MINUTES 47 SECONDS, A DISTANCE OF 45.04 FEET TO A POINT OF REVERSE CURVE. CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 482.70 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF DEGREES 70 MINUTES 58 SECONDS, A DISTANCE 45.07 FEET TO SAID SOUTHERLY LINE OF SOLEDAD CANYON ROAD; THENCE IN A SOUTHEASTERLY DIRECTION ALONG SAID SOUTHERLY LINE OF SOLEDAD CANYON ROAD TO THE POINT OF BEGINNING. TO BE KNOWN AS SOLEDAD CANYON ROAL. ALSO BEING A PORTION OF ASSESSOR PARCEL NO. 2836-011-011 AS SHOWN ON ATTACHET, EXHIBIT "B THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 13524 IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AS PER MAP FILED IN BOOK 148, PAGES 88 AND 89 OF PARCEL MAPS. RECORDS OF SAID COUNTY DESCRIBED AS FOLLOWS: A STRIP OF LAND LYING SOUTHEASTERLY OF THE SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF PARCEL NO. 1 OF INSTRUMENT NO. 9 1-1 170920 RECORDED JULY 29, 1991. RECORDS OF LOS ANGELES COUNTY, ALSO BOUNDED NORTHEASTERLY BY THE SOUTHWESTERLY LINE OF SAID PARCEL NO. 1 OF INSTRUMENT NO. 91-1170920, AND BOUNDED SOUTHWESTERLY BY THE SOUTHER?: PACIFIC RAILROAD RIGHT-OF-WAY. ALSO SHOWN AS ASSESSOR PARCEL NO. 2836-011-012. SEE EXHIBIT "C" ATTACHED HERETO. LITIGATION GUARANTEE EFFECTIVE DATE: GUARANTEE NUMBER: LIABILITY: PREMIUMS ORDER NO. YOUR REFERENCE: ASSURED: JULY 27, 1992 AT 7:30 A.M. 78-00-013-966 $50,000.00 $400.00 4135816-33 CITY OF SANTA CLARITA THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS GUARANTEE IS: A FEE AS TO PARCEL 1 AND AN EASEMENT FOR PUBLIC ROAD AND HIGHWAY PURPOSES AS TO PARCEL 2 TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: RODEO LAND COMPANY, A CORPORATION' THE LAND REFERRED TO IN THIS GUARANTEE IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES AND 'IS DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF PARCEL 1 OF :PARCEL MAP NO. 13524 IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AS PER MAP FILED IN BOOK 148, PAGES 88 AND 89 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING EASTERLY OF THE SOUTHERLY PROLONGATION OF THAT CERTAIN EASTERLY LINE, SHOWN ON SAID MAP AS HAVING A BEARING AND DISTANCE OF NORTH 37' 35' 29" EAST, 600.79 FEET. PARCEL 2: THAT PORTION OF THE 'LAND DESCRIBED IN PARCEL 1 OF PARCEL MAP NO. 13524 IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AS PER MAP FILED IN BOOK 148, PAGES 88 AND 89 OF PARCEL MAPS, RECORDS OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SOLEDAD CANYON ROAD,,._.,, 120 FEET WIDE AS SAME EXISTED ON MAY 5, 1992 WITH THE SOUTHEASTERLY LINE OF, SAID PARCEL NO. 1, SAID INTERSECTION BEING A POINT ON A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2,535 FEET, A RADIAL TO SAID CURVE BEARS NORTH 370 28' 02" EAST; THENCE SOUTH 37` 33' 29" WEST, 5.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2,540 FEET; A RADIAL TO SAID CURVE BEARS NORTH 37` 28` 03" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3' 23' 01" AN ARC DISTANCE OF 150.00 FEET TO A POINT OF COMPOUND CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 349.67 FEET THENCE NORTHWESTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 7 22' 47" AN ARC DISTANCE OF 45.04 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 482.70 FEET; THENCE NORTHWESTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 5 20' 58" AN ARC DISTANCE 45.07 FEET TO SAID SOUTHERLY LINE OF SOLEDAD CANYON ROAD; THENCE IN A SOUTHEASTERLY DIRECTION ALONG SAID SOUTHERLY LINE OF SOLEDAD CANYON ROAD TO THE POINT OF BEGINNING. TO BE KNOWN AS SOLEDAD CANYON ROAD. ISSUED AT: CONTINENTAL LAWYERS TITLE CORPORATION 1805 WEST AVENUE K. SUITE A LANCASTER, CALIFORNIA 93534 nar_F GUARANTEE FORM NO. 1 i SAID NECESSARY PARTIES (OTHER THAN THOSE HAVING A CLAIM OR INTEREST BY REASON OF MATTERS SHOWN IN EXCEPTIONS NUMBERED A, B, C, 1, 2 AND 3 TO BE MADE DEFENDANTS IN AN ACTION TO BE BROUGHT BY CITY OF SANTA CLARITA AS PLAINTIFF, ARE AS FOLLOWS: 1) RODEO LAND COMPANY A CORPORATION AS OWNER BY QUITCLAIME DEED RECORDED MARCH 15, 1974 AS INSTRUMENT NO. 2588 WHOSE ADDRESS OF RECORD IS: 22234 SOLEDAD CANYON 'ROAD SAUGUS, CALIFORNIA 2) ANY AND ALL PARTIES KNOWN TO THE PLAINTIFF TO HAVE OR CLAIM ANY INTEREST IN SAID LAND, OR WHOSE INTEREST COULD BE ASCERTAINED BY AN INSPECTION OF SAID LAND OR BY MAKING INQUIRY OF PERSONS IN POSSESSION THEREOF, SHOULD ALSO BE NAMED ,AS PARTIES DEFENDANT. PAr.F I EXCEPTIONS: A. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 1992 - 1993 WHICH ARE A LIEN NOT YET PAYABLE. B. SUPPLEMENTAL ASSESSMENTS OF PROPERTY TAXES, IF ANY, MADE PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE CALIFORNIA REVENUE AND TAXATION CODE AS A RESULT OF THE TRANSFER OF TITLE TO THE VESTEE NAMED IN SCHEDULE A. C. SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF ANY, MADE PURSUANT TO PART 0.5, CHAPTER 3.5 OR PART 2, CHAPTER 3, ARTICLES 3 AND 4, RESPECTIVELY, OF THE CALIFORNIA REVENUE AND TAXATION CODE AS A RESULT OF CHANGES IN OWNERSHIP OR NEW CONSTRUCTION OCCURRING PRIOR TO DATE OF POLICY. 1. WATER RIGHTS, CLAIMS OR TITLE TO WATER. 2. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: COUNTY OF LOS ANGELES PURPOSE: TO CONSTRUCT, MAINTAIN, OPERATE, AND USE STORM DRAINS AND APPURTENANT STRUCTURES RECORDED: JUNE 21, 1972 AS INSTRUMENT NO. 3677, OFFICIAL RECORDS AFFECTS: AS FOLLOWS: PARCEL 42-2D.3: THAT PORTION OF ABOVE MENTIONED RANCHO, WITHIN A STRIP OF LAND 22 FEET WIDE, THE NORTHWESTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE WESTERLY TERMINUS OF ABOVE MENTIONED CERTAIN 2225 FOOT RADIUS CURVE; THENCE EASTERLY AND SOUTHEASTERLY ALONG SAID CERTAIN CURVE 1345.77 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTHWESTERLY ALONG A RADIAL OF SAID CERTAIN CURVE 83.00 FEET. EXCEPTING FROM LAST DESCRIBED 22 FOOT STRIP OF LAND THAT PORTION THEREOF WHICH LIES WITHIN ABOVE DESCRIBED 120 FOOT STRIP OF LAND. PARCEL 42-2D.4: THAT PORTION OF ABOVE MENTIONED RANCHO, WITHIN A STRIP OF LAND 22 FEET WIDE, THE SOUTHEASTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY TERMINUS OF ABOVE MENTIONED CERTAIN COURSE OF SOUTH 40` 44' 16" EAST 1273.78 FEET; THENCE SOUTH 406 39' 23" EAST ALONG SAID CERTAIN COURSE 447.76 FEET; THENCE SOUTH 49` 20' 37" WEST 60.00 FEET TO A POINT IN THE SOUTHWESTERLY BOUNDARY OF ABOVE(,--..) DESCRIBED 120 FOOT STRIP OF LAND, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 49" 20' 37" WEST 22.00 FEET. PAGE 4 PARCEL 42-2D.5: � 1 THAT PORTION OF ABOVE MENTIONED RANCHO, WITHIN A STRIP OF LAND 24 FEET" WIDE, THE NORTHEASTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHWESTERLY BOUNDARY OF ABOVE DESCRIBED 120 FOOT STRIP OF LAND DISTANT SOUTH 40* 39' 23 EAST ALONG SAID SOUTHWESTERLY BOUNDARY 453.00 FEET FROM THE MOST EASTERLY CORNER OF ABOVE DESCRIBED PARCEL 42-2D.4; THENCE CONTINUING SOUTH 40 39' 23" EAST ALONG SAID SOUTHWESTERLY BOUNDARY 22.00 FEET. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION PURPOSE: WIRES, UNDERGROUND CONDUITS, CABLES, VAULTS, MANHOLES, HANDHOLES, AND INCLUDING ABOVE—GROUND ENCLOSURES, MARKERS AND CONCRETE PADS AND OTHER APPURTENANT FIXTURES AND EQUIPMENT NECESSARY RECORDED: JULY 27, 1976 AS INSTRUMENT NO. 3460, OFFICIAL RECORDS AFFECTS: AS FOLLOWS: THAT PORTION OF THE RANCHO SAN FRANCISCO AS SHOWN ON MAP RECORDED IN BOOK 1 PAGES 521 AND 522 OF PATENTS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST EASTERLY CORNER OF THE LAND DESCRIBED IN THAT CERTAIN FINAL ORDER OF CONDEMNATION RECORDED AS DOCUMENT NUMBER 3871 ON DECEMBER 17, 1975 IN BOOK D6907 PAGES 909 TO 913 INCLUSIVE, OFFICIAL RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, SAID MOST EASTERLY' CORNER BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF SOLEDAD CANYON ROAD, 120.00 FEET WIDE, AS SHOWN AS A PROPOSED 120.00 FEET RIGHT OF WAY ON COUNTY SURVEYOR'S MAP B-2874-3; SAID MOST EASTERLY CORNER ALSO BEING IN A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 2165.00 FEET; A RADIAL LINE THROUGH SAID MOST EASTERLY CORNER BEARS NORTH 260 11' 37" EAST; THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE OF SOLEDAD CANYON ROAD THROUGH A CENTRAL ANGLE OF 23' 03' 33" AN ARC DISTANCE OF 871.72 FEET; THENCE CONTINUING ALONG THE RIGHT OF WAY LINE OF SOLEDAD CANYON ROAD, SOUTH 40' 44' 50" EAST A DISTANCE OF 482.76 FEET; THENCE LEAVING THE SOUTHERLY RIGHT OF WAY LINE OF SAID SOLEDAD CANYON ROAD, ON A LINE THAT IS PERPENDICULAR TO SAID SOUTHERLY RIGHT OF WAY LINE, SOUTH 49` 15'10" WEST 652.50 FEET, TO THE TRUE POINT OF BEGINNING; THENCE NORTH 40e 44' 50" WEST 5.00 FEET; THENCE SOUTH 49` 15' 10" WEST 10.00 FEET, TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 30.00 FEET; A RADIAL LINE THROUGH SAID POINT BEARS NORTH 40 44' 50" WEST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 73` 01' 10" AN ARC DISTANCE OF 38.23 FEET; THENCE SOUTH 230 46' 00" EAST 86.79 FEET; THENCE NORTH 660 14' 00" EAST 10.00 FEET; THENCE NORTH 23` 46' 00" WEST 86.79 FEET, TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF ( j 20.00 FEET; A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 66` 14' 00" WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 73' 01' 10" AN ARC DISTANCE OF 25.49 FEET; THENCE NORTH 490 15' 10" EAST 10.00 FEET; THENCE NORTH 40' 44' 50" WEST 5.00 FEET TO THE TRUE POINT OF EGINNING. PArp S EXHIBIT 5 4 EXHIBIT 6 AN EASEMENT FOR INGRESS AND EGRESS PURPOSES OVERTHAT PORTION OF PARCEL'I OF INSTRUMENT NUMBER 91-1170920, RECORDED JULY 29, 1991 IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, RECORDS OF SAID COUNTY AS FOLLOWS AND SHOWN ON EXHIBIT "B": COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID INSTRUMENT NO. 91-1170920; THENCE NORTH 37 DEGREES 33 MINUTES 29 SECONDS EAST, 187.88 FEET ALONG THE NORTHWESTERLY LINE OF SAID INSTRUMENT NO. 9 1-1 170920 TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 37 DEGREES 33 MINUTES 29 SECONDS EAST ALONG SAID LAST MENTIONED NORTHWESTERLY LINE 412.91 FEET TO A POINT IN THE SOUTHERLY LINE OF SOLEDAD CANYON ROAD, 120 FEET WIDE AS SAME EXISTED ON SEPTEMBER 2, 1992, SAID POINT BEING ON A 2,535 FOOT RADIUS CURVE WITH A RADIAL THAT BEARS NORTH 37 DEGREES 28 MINUTES 02 SECONDS EAST; THENCE EASTERLY ALONG SAID SOUTHERLY LINE OF SOLEDAD CANYON ROAD AND 2,535 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 1 DEGREES 52 MINUTES 33 SECONDS A DISTANCE OF 83.00 FEET; THENCE SOUTH 37 DEGREES 33 MINUTES 29 SECONDS WEST, 232.70 FEET; THENCE NORTH 67 DEGREES 27 MINUTES 16 SECONDS WEST, 14.49 FEET TO A POINT 69.00 FEET MEASURED AT RIGHT ANGLES FROM SAID NORTHWESTERLY LINE OF INSTRUMENT NO, 91-1170920; THENCE SOUTH 37 DEGREES 33 MINUTES 29 SECONDS WEST, 158.93 FEET; THENCE NORTH 67 DEGREES 27 MINUTES 16 SECONDS WEST, 71.44 FEET TO THE POINT OF BEGINNING. EXHIBIT 6 A � N 37033 2g.. 12 I i I i a v IvN Iv 7 v .. co s � _ I� D Q.nW 1 I VI I •j II�� I I li. N 11 l i. •� I I � N 37033 2g.. 12 -' a v IvN Iv 7 v .. co s � _ I� D Q.nW 1 I VI 11 I 288.00' o i . III S 22032'44" W o, m j �Vyz rn :!I a v IvN Iv 7 A N co II � moi. � JW I - \ti IL i iii I 1 I ' K j