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Home My WebLink AboutResolution No. 22-8094 - Approving Purchase of Real Property & Acq of Temp Construction Easement for Property Located at 8030 ImperialA RESOLUT1091 OF THE CITY COUNCIL OF THE CITY OF DO11AE;? APPROVING THE PURCHASE OF A ROADWAY EASEMENT AND THE ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT BETWEEN DOWNEY PROPERTY INVESTMENTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND THE CITY OF DOWNEY FOR PROPERTY LOCATED AT 80301 A01 M 1A I a 101 K 1010 a I or-] rAgAL. I V-1 1124 a r-A Or-1-11 I a I Ir4 om as) S I I FAMS 11 M oil 1011 Lem my-N11411im, 1 r.41kyjr. I ILq I - - - NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES .--11EREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Downey hereby (i) approves the Agreement, a copy of which attached hereto as Exhibit "A", and is on file with the City Clerk, (ii) if required, authorizes and directs the City Manager to make final changes to the Agreement consistent with the City Council's direction, and (iii) authorizes the Mayor to execute the final Agreement and any other documents and agreements necessary to complete the acquisition transaction contemplated by the Agreement. SECTION 2. The City Council of the City of Downey hereby determines that the acquisition of the Easements is exempt from the California Environmental Quality Act (CEQA) under Section 15301 of the CEQA Guidelines, as an existing facility. 0:10111 IQ k, Imm 23NMrM.Ma"n. lff*TZr1UFM1TZ1-.T4 rem 0 2=11 main =-firram APPROVED AND ADOPTED this 9th day of August, 2022. �----.B1LANeA-J1A-CHE'C6-, mayor MAWKA06A WAKE�,�dMc City Clerk PAGE 2 I HEREBY CERTIFY that the foregoing Resolution was .•••!-• • the City Council of the City of Downey at a Regular meeting held on the 9' day of August, 2022, by the following vote, • wit: ATES: • Members: • La Plante, • Alvarez, •: Pacheco NOES: Council Members: None. ABSENT: • Members: None. ABSTAft Council Members: None. I�:Ii=��1 APN: 6260-013-044 TITLE REPORT NO: 092012358 PROJECT: Imperial Highway and Paramount Boulevard Intersection Improvement Project 11,1151"I'l 5 , l r I I I I � I k-AT.VF4-" r�ff ji Commonwealth Land Title Escrow No: 4100 Newport Place Dr., Suite 120 Newport Beach, CA 92660 Title Order No.: 092012358 Attention: Grace U. Kim ("Escrow Holder") THIS AGREEMENT FOR ACQUISITION OF ROADWAY EASEMENT ("Agreement") is entered into as of this 23L�_ day of 202Z by and beMeen the City of Downey� a municipal corporation and and Downey Property Ihv6ttments� LLP, a talifornia limited liability company ("Seller") for acquisition by Buyer of certain easement rights described herein. 1. AGREEMENT 170 SELL AND EURCHAaE. Seller is the owner of that real property locatEM in the City of Downey, Los Angeles County, California, more particularly described in Attachment "M attached hereto ("Property"). Seller agrees to sell to Buyer and Buyer agrees to purchase from Sell upon the terms and for the consideration set forth in this Agreement, a roadway easement ('-'RWE ) described in Attachment "Al" and depicted in Attachment "B" and a temporary construction easeme ("TCE") described in Attachment "A2" and depicted in Attachment "B" attached hereto. The RWE ai'l TCE are being acquired for a public purpose in connection with the Imperial Highway and Paramou Boulevard Improvement Project ("Project"). 2. PURCHASE PRICE. The total purchase price, payable in cash through escrow, shall bc the sum of (Fifteen Thousand Dollars) NO/ 100 ($15,000.00) ("Purchase Price"). a. Allocation of purchase price. Section 2 of the agreement provides for a Total Purchase Price of Fifteen Thousand Dollars ($15,000.00). Buyer and Seller acknowledge that this Purchase Price is allocated as follows: Roadway Easement of 57 square feet $4,845.00 Temporary Construction Easement of 286 square feet $2,184.00 Site Improvements $7,920.00 P 3. CONVEMNCE,�OEt6%Mtg. Seller agrees to convey the RWE and TCE to Buyer by "Grant of Easement" in the same form as that attached hereto as Attachment "C" ("Grant Easement") and as Attachment "D" ("Grant of Easement — Temporary Construction Easement ' y nt The legal description and depiction of the RWE and TCE are as set forth in attachments to the Grant I Easements. In order to assure that the RWE and TCE cannot be eliminated through foreclosure or oth enforcement of an existing mortgage, deed of trust, lien or judgment of record, Seller agrees that t holders of any such mortgages, deeds of trust, judgments or liens will subordinate their interests to t RWE and TCE in accordance with "Consent to Easement" provisions attached to the Grant of Easemenj or such other Consent to Easement or documentation as may be approved by Buyer. 4. WARRANTY AGAINST EASEMENTS NOT OF RECORD Except as would otherwise be shown in a preliminary title report, to the current, actual knowledge of Seller, Seller warrants to City that as of the date of this Agreement and/or as of the date of close of escrow, Seller has not granted any unrecorded easements or licenses on the Property and Seller does not have actual knowledge of grants of any unrecorded easements or licenses on the Property by others. 5. TEMPORARY CONSTRUCTION EASEMENT. Seller agrees to convey to Buyer a Temporary Construction Easement in, on, over and above the portion of the subject property described and depicted on the attached Attachment "A" and "B" Temporary Construction Easement incorporated herein by this reference. 6. TERMS. The term of the temporary construction easement shall continue until completion of the Project, but no longer than twelve (12) months from the Commencement Date ("Termination Date'7. Buyer shall notify Seller of the Commencement Date no later than 30 days prior to commencement date. In the event the Project is not completed on or before the Termination Date, the Buyer shall provide written notice to Seller not less than one month prior to the Termination Date of its election to extend the temporary construction easement and the Termination Date. Such extension shall be documented in an amendment to this Agreement and just compensation for said extension shall be determined by an appraisal prepared by a State licensed appraiser secured by the Buyer. 7. TIiTE IIS9 NCE OLIC`f. At Buyer's election, Escrow Holder shall, upon closing, provide Buyer with a CLTA Standard Coverage Policy of Title Insurance in the amount of the Purchase Price issued by the Title Company, insuring the priority position of the RWE. Buyer will pay the title insurance premium. 8. ESCROW. Buyer and Seller will open an escrow with Escrow Holder by executing escrow instructions prepared by Escrow Holder implementing the terms and provisions of this Agreement. Escrow will be deemed opened on the date both parties deposit signed escrow instructions with Escrow Holder. In the event of any inconsistency between such instructions and the provisions of this Agreement, this Agreement will govern. The parties hereto agree to perform all acts reasonably necessary to close this escrow within ninety (90) days following the opening of escrow. "Close of Escrow" or "Closing" refers to the date the Grant of Easement is recorded in the office of the Los Angeles County Recorder. 9. ESCROW AGENT IS AUTHORIZED TO, AND SHALL: 9.1 Pay and charge Seller, upon Seller's written approval, for any amount necessary to place title in the condition necessary to satisfy Paragraph 3 of this Agreement; 9.2 Pay and deduct from the amount shown in Paragraph 2 above, any amount necessary to satisfy any delinquent taxes together with penalties and interest thereon, and/or delinquent or non -delinquent assessments or bonds except those which title is to be taken subject to in accordance with the terms of this Agreement; 9.3 Pay and deduct from the amounts payable to Seller under Paragraph 2 of this Agreement, up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with terms and conditions of said trust deed(s) or mortgage(s) including late charges, if any, except penalty (if any), for payment in full in advance of maturity, shall, upon demand(s) be made payable to the mortgagee(s) or beneficiary(ies) entitled thereunder 14 9.4 Pay and charge Buyer for all recording fees incurred inthis transaction including payment of recnnveyance fees and forwarding fees for partial or full reconveyances of deeds of trust or release or mortgage by Buyer; 9.5 Pay and charge Buyer for any escrow fees, charges, and costs payable under Paragraph 7 of this Agreement; 9.6 Disburse funds and deliver deed when conditions of this escrow have been fulfilled by Buyer and Seller. TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE AS SOON AS 10. Buyer agrees U) pay all Buyer's and Seller's usual fees charges and costs which arise in this escrow. No recording fees will be payable, pursuant to Government Code Section 27383. No documentary transfer tax will be payable, pursuant to Revenue & Taxation Code Section 11922. 11. FULL AND CQ EMENT Seller acknowledges that the compensation paid to Seller through this Agreement constitutes the full and complete settlement of any and all claims against Buyer, by reason of Buyer's acquisition and use of the RWE, specifically including, but not limited to, any and all claims in inverse condemnation and for precondemnation damages, and any and all other claim that Seller may have, whether or not specifically mentioned here, relating directly or indirectly to the acquisition by Buyer of the RWE. Seller and Buyer, and each and all of their agents, representatives, attorneys, principals, predecessors, successors, assigns, administrators, executors, heirs, and beneficiaries, hereby release the other party, and each of them, from any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies, damages, causes of action, including without limitations those relating to just compensation, damages which any of them now have, or might hereafter have by reason of any matter or thing arising out or in any way relating to acquisition of the RWE by Buyer as a public entity. Buyer and Seller agree that this Agreement is being entered into in order to avoid litigation and in lieu of Buyer's exercise of its eminent domain. It is understood and agreed by and between the parties hereto in addition to tM compensation shown in Paragraph 2 herein above, the Buyer, its contractors or assigni shall perform the following construction contract items at the time of the installation the proposed project: i. Small pole sign to be protected in place or replaced if required. ii. Asphalt within the TCE area to be replaced if required. 1111 MITI a good and workmanlike manner. All work shall be conducted in a manner that shall not materially interfere with or impair any operations being conducted on Seller's Property, We visibili]iti of an% on ana or in the Easement. During construction on and for ingress and egress, alternative ingress and egress to and from the Seller's Property will remain open at all times. All structures, improvements or other facilities, when removed, and relocated or construction easement. Buyer shall have no right to park vehicles or store equipment or materials on the Property without the consent of Walgreen, for as long as Walgreen leases the Seller's Property, or •' of - -Property. reconstruct,b. It is understood and agreed by and between the parties hereto that the compensation paid to Seller through this Agreement includes the value of and cost to remove, relocate, • • - • the following improvements located on 'Property: Asphaltpaving 10 sqft. 13. RENTAL- are no third parties rightspossession of any portion of the Easement Area as lessees, tenants at su erance, trespassers, or invitees, and that there are no oral or written recorded or unrecorded leases or other agreements concerning all or any portion of the Easement Area exceeding a period of one month. If the Easement Area is subject to any lease or other third party rights of possession, the lessee or other holder of such execute - Consent of of such lease t.... other occupancy agreement expected to continue through the period during which Buyer will exercise its rights pursuant to the RWE. Seller further agrees t• hold Buyer harmless and reimburse Buyer forand all lossesand expenses OF -1 hereby represents,r covenants to Buyer that: (a) To the best of Seller's knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the Property or any portion thereof, at law, or in equity before any court or governmental agency, domestic or foreign. (b) To the best of Seller's knowledge, there are no encroachments onto the Easement Area by it on adjoining property. • • - •'•• • • / r.MEM title to the Property. • Until the Closing, Seller shall, uponE of or • • : • which would cause any of the warranties and representations in this Agreement not to be true as of closing, immediately give written notice of such fact or condition to Buyer. (e) Seller, at the time of execution of this Agreement, is the lawful owner of 2nd has good title to the Property and is authorized to enter into and perform this Agreement. Notwithstanding • in the Grant of or of Temporary Construction Easementto the contrary,but r - to the provisions of 'r - Property 2s is, where is, with all faults; •) Walgreen makes no representations or - of any kind, ;txpress or implied, with respect to the Property or the condition thereof; and (c) the rights granted by Seller and Walgreen are subject to all matters of record and the applicable laws to which the Seller's Property is subject, and to any state of facts which a new survey or physical inspection of the Seller's Property might disclose. •.'. • • ' •. • i • • ' : • • : ` is r • •' : • M under, in, orabout the Property, or transported any Hazardous Materials tuorfrom the Property. The term "Hazardous Material" shall mean any substance, material nrwaste so defined byany state, federal or local statute, ordinance, rule or regulation including (without limitation) any material, substance or waste which is (i) defined as a "hazardous waste", "acutely hazardous waste", "restricted hazardous waste", or "extremely hazardous waste" under Sections 25115, 25117 orJS13Z.7, or listed pursuant to Section 35140, of the California Health and Safety Code; (ii) defined as a "hazardous substance" under Section 25316 of the California Health and Safety Code; (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code; (iv) defined as a "hazardous substance" under Section 35281 of the California Health and Safety Code; (v) petroleum; (vi) asbestos; (vii) a polychlorinated biphenyl; (viii) listed under Article y or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California [ode of Regulations, Chapter 20; (ix) designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act (33 U.S.C. Section 1317); (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act (42 U.S.C. Section 6903); (xi) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601); ur(xii) any other substance, whether in the form of solid, liquid, gas or any other form whatsoever, which by any governmental requirements either requires special handling in its use, transportation, generation, collection, storage, treatment urdisposal, or is defined as °haoendnus" or is harmful to the environment orcapable ofposing a risk ofinjury tn public health and safety. To the best of Seller's knowledge, the Property complies with all applicable laws and governmental regulations relating to Hazardous Materials. 16. PERMISSION TO ENTER ON PREMISES, Seller hereby grants to Buyer, its authorized agents or contractors, the right to enter upon the Property upon forty-eight (48) hours prior written notice to make necessary and reasonable inspections. Such inspections may include environmental based testing. If the Property is being rented, Seller will coordinate with tenants on the Property, notifying of them such inspections. Buyer and Seller will cooperate to assure that Buyer's exercise of this right -of -entry respects the rights of any tenants to the quiet enjoyment of the Property. 17. Buyer shall be entitled to possession of the Property immediately upon Close ofEscrow. 10. COUNTERPARTS. This Agreement may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed on original, and all such counterparts together shall constitute one and the same instrument. 19. CONTINGENCY. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval ofthe Buyer herein. The execution ofthese documents and the delivery ofsame tnEscrow Holder constitutes said acceptance and approval. 20. . Buyer and Seller each represents tuthe other that no brokers have been involved in this transaction. Buyer and Seller agree to indemnify one another against any claim, suits, damages and costs incurred or resulting from the claims ofany person for any fee orcompensation due in connection with this transaction pursuant to a written agreement made with said claimant. 21. JURISDICTION AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the 5tmba of California. The parties consent to the jurisdiction of the California courts with venue in Los Angeles County. 22. ASSIGNMENT. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto. Buyer may freely assign any or all if its interests or rights under this Agreement or under the Escrow without the consent ofSeller. 23. Coog�� Each party agrees to cooperate with the other in the closing of this transaction and, in that regard, to sign any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement including, but not limited to, releases or additional agreements. respect to the subject matter of this Agreement. It supersedes all prior agreements and understandings, whether oral or written, between the parties with respect to the matters contained in this Agreement. Any waiver, modification, consent or acquiescence with respect to any provision of this Agreement shall be set forth in writing and duly executed by or on behalf of the party to be bound thereby. No waiver by any party of any breach hereunder shall be deemed a waiver of any other or subsequent breach. on IN WITNESS WHEREOF, the parties hereto have executed this Agreement the •. and year set forth .•• City • s• 11111 •• Avenue Downey, CA •[ MAILING trr• • •. Downey Prop Inv. LLC P.O. Box 1159, c/o Walgreens Tax Dept. 1• Deerfield, IL •11 • CITY • DOWNEY, a municipal corporation and charter city • Blanca Pacheco, Mayor Attest: By: SELLER Downe Investments, LLC, a California -• pany By. Name: Gabriel Alexander Farao Its: Manager Date, IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set forth hereinabove. MAILING ADDRESS OF-9ff—ER BUYER City of Downey 11111Brookshire Avenue CITY OFDOVVNEY,amunicipal corporation and Downey, CA9O241 charter city Dote: Blanca Pacheco, Mayor Maria Alicia Duarte, CMC, City Clerk By: Legal Counsel --j Downey Prop Inv. LLC Downe Investments, LLC, a California P.O. Box 1159, c/o Walgreens Tax Dept. 09842 limited 'pany Deerfield, IL 90015 4-11W Name* Gabriel Alexander Farao Its: Manager 7 . l l ' i, •'i i a i i i ` i iVIT VA y3r, IT. in Attachment C Grant of Easemeig ArrACHMENT"A" LEG4L DESCYIP-TM'Ll OF PROPERTY pow, W-11 1110 INN I I ; I ANGELES COUNTY, DESCRIBED AS FOLLOWS: SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY AN# EASEMENTS OF RECORD, IF ANY. A =1 is I I I I# L-74 E I I Eric W. Metz, L.S. 9198 Mom 1:16YA 12 4 EXHIBIT B PLAT TO ACCOMPANY LEGAL DESCRIPTION POINT OF COMMENCEMENT (INTERSECTION OF IMPERIAL HIGHWAY AND PARAMOUNT BLVD PER (RI) zi I in' I ma—i'm me LIN SURVEYING INC ',V0 A U kRH A, GA hY?N hf-UlURVEYW, IYIM h4tN 4119, 4� Will Au A T.RO.B, N32'1 1'54'E ,001 APN 6260-013-044 TRACT NO. 14173 BASIS OF BEARING THE CENTERLINE OF IMPERIAL HIGHWAY HAVING A BEARING OF NORTH 59'03'36" WEST PER (Rl) REFERENCES (RI) TRACT MAP NO. 14173, BK 293, PG 5-8, T,M, (R2) INSTRUMENT 4520, JUNE 1, 1965 (FG) GRANT DEED, 80-11579533, NOVEMBER 14,1980 AREA SUMMARY TOTAL EASEMENT AREA = 5% &F, LEGEND EASEMENT LINE CENTERLINE ........ ......... RIGHT-OF-WAY LINE LOT LINE TIE LINE M.M. MISCELLANEOUS MAPS S.F... SQUARE FEET APN ASSESSOR'S PARCEL NUMBER ROW RIGHT OF WAY T.P,03, TRUE POINT OF BEGINNING CITY OF DOWNEY, COUNTY OF LOS ANGELES, CALIFORNIA mm m ALL AGSHOWN ONTHE ATTACHED EXHIBIT ^B^AND BYTHIS REFERENCE MADE A PART HEREOF. EASEMENTS OF RECORD, IF ANY. Lai spow-mi=1 (Al -P 0 ATTACHMENT"B" EASEMENT EXHIBIT B PLAT TO ACCOMPANY LEGAL DESCRIPTION POINT OF COMMENCEMENT (INTERSECTION OF IMPERIAL HIGHWAY AND PARAMOUNT BLVD PER (Rl) 4( Al APN 6260-013-027 TRACT NO, 14173 T•P.03, N32'1 5.011 APN 6260-013-044 TRACT -NCB. -1 4173 METZ SURVEY!!t'!'NC 7A30,�'AALXLPT S77 SAWAGLW A CA MAIN W-TIMURVE UNKIN I (Rl) TRACT MAP NO14173. BK 293. PIS 5-8TM. (R2) INSTRUMENT4520, JUNE 1. 1965 (R3) GRANT DEED, 80-11579533, NOVEMBER 14,1980 AREA SUMMARY woo I FEW ]RUCYgMal EASEMENT LINE CENTERLINE RIGHT-OF-WAY LINE LOT LINE TIE LINE Kmi MISCELLANEOUS MAPS S F SQUARE FEET APN ASSESSOR'S PARCEL NUMBER ROW RIGHT OF WAY TR,0,8. TRUE POINT OF BEGINNING m3wAllam ATTACHMENT "C" 0T1XfiML1-1I NA 10-TH 11 =-# Mill LTA F - 0 1 CITY CLERK CITY HALL, P.O. Box 7016 DOWNEY, CA 90241-7016 This document is recorded for the benefit of the City of Downey and is therefore exempt per payment of recording fee pursuant to Gov't Code Section 6 103 and from payment of documentary transfer tax in accordance with R&T Code Section 11922" III 1111!!111;!11!!11 111, 11 101 111 r= I I I I I I a AIN I WON, malke a connection wim aajoining properties, In, Mel, 1110el, apon alto MUSS t T."It"111V �PA �,Pe L in the City of Downey, County of Los Angeles, State of California more particularly described and depicted as: SEE ATTACHMENT ATTACHMENT "A I "- LEGAL DESCRIPTION AND ATTACHMENT"B"- FOR VISUAL REFERENCE ONLY IN WITNESS WHEREOF, this instrument is executed this day of 12022, Downey Property Investments, LLC, a California limited liability company 1W NAME: TITLE: Street: 8030 Imperial Highway, Downey, CA 90242 AIN: 6260-013-044 A: 4783 Attachment "Al% Legal Description Attachment "B"- For Visual Reference Only. Not for Descriptive Purposes ,1��111�1lZi1I► 90111 notarypublic or other officer completing this certificate verifies only - identity of individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or • of document. On before NotaryPublic, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed • the within instrument and acknowledged to r the same in his/her/their authorized '. r. and that by on the r- • or r• behalf of which the r- •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. r • • Signature f1f M Because the area affected by the easement to which this consent is attached is the subject of a lease or other possessory interest from Grantee to the undersigned, the undersigned hereby acknowledges its consent to the granting of easement. Richard Director and Managing Counsel, Walgreen Co. _- ------ notarypublic or officer completing this certificate verifies only i s of individual who signed the document to which this certificate is attached, and not truthfulness, accuracy if f i f f COUNTY OF ) On before Notary P• personally . appeared Richard N. Steiner, who proved • me on basis o satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument i' acknowledged i 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 r" i`acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing [�,aragraph is true and correct. ME X11M B10 W 101 WIM D10 1 5M ("Lien Holder") is the current holder of the beneficial interest under a Deed of Trust dated and recorded as Document No. Records of Los Angeles County, California Lien Holder hereby consents to the granting of the Easement to which this Consent is attached, to the City of Downey, a municipal corporation and charter city, its successors and assigns and Lien Holder hereby agrees that in the event of a foreclosure of the Lien, the Easement shall survive such foreclosure and remain binding upon the subject real property and all subsequenti roylyff-M Executed as of this day of . 21N F" M 20 to] 9 1101 0 Name: us - ------------- 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. On before me, Notary Public, personally appeared 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 th'i foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 1701M M DUNWAWM 0 *�(fylll A L I;a 0 1 m F-11:2 M*11161111 pail, Ell FN I WiMpul-m1w, W-wo- 011021112 JlL4Lj:q I MbJ :&-iffl ;j I Q Zj§XA-ojX*j q N-110 I --m-MA M-41k, I-ELI WA kvm,lwr�m wia EASEMENTS OF RECORD, IF ANY. [SIZUKolzal FDIW.*i EXHIBIT B SHEET 20F2 PLAT TO ACCOMPANY LEGAL DESCRIPTION POINT OF COMMENCEMENT (INTERSECTION OF f IMPERIAL HIGHWAY AND w PARAMOUNT BLVD PER I,R1) J ol 7R ko W Al' APN 6260-013-027 TRACT NO. 14173TP.O B. N32°11'54"E APN 6260-013-044 _ .n_ ,.. —_m— _..... TRACT NO. 14173 BASISI METZ 177- SURVEYING INC 24SD-3'lMNVT STREET, SUITE D THE CENTERLINE OF IMPERIAL - EASEMENT LINE HIGHWAY HAVING A BEARING OF NORTH 59°03'36" WEST PER (R1) CENTERLINE RIGHT-OF-WAY LINE REFERENCES LOT LINE (Ri) TRACT MAP NO. 14173, —^—m TIE LINE BK 293. PG 5-8, T.M, MAC MISCELLANEOUS MAPS (R2) INSTRUMENT 4520, S F. SQUARE FEET JUNE 1, 1965 APN ASSESSOR'S PARCEL NUMBER (R3) GRANT DEED, 80-11579533. NOVEMBER 14. 1980 ROW RIGHT OF WAY AREASUMMARY T.P.0,6. TRUE POINT OF BEGINNING TOTAL EASEMENT AREA ® 57t S.F, DATE: 6110120 RIGHT-OF-WAY EASEMENT DRN BY: JL CITY OF DOWNEY, COUNTY OF ECHK: CID LOS ANGELES, CALIFORNIA : EM im MGM -- Dated: B - Y)aMalIci&aD*ua City Clerk ATTACHMENT "D" IJTJ M 0 iffill IJFJ I dw 11' 1 X rf 1, f 114 1• CITY OF DOWNEY V14ei Recor0ed Mail to. CITT CLEik& CITY HALL, P.O. Box 7016 DOWNEY, CA 90241-7011 Space above this line is for Recorder's Use Temporary Construction Easement This document is recorded for the benefit of the City of Downey and is therefore exempt for payment of recording fee pursuant to Gov't Code Section 6103 and from payment of documentary transfer tax in accordance with UT Cae SectioT 11922" FOR A VALUABLE CON 31DERATION re jpj gf whith is hereby ggknoVledged, Downey Property Investments, ILLC, a California limited liability company, hereinafter called Grantor, SEE ATTACHMENT ATTACHMENT "Al"- LEGAL DESCRIPTION AND ATTACHMENT "B"- FOR VISUAL REFERENCE ONLY It is understood and aareed that the dahts oranted herein shall terminate twelve 1121 months from notification to Grantor by Grantee of the start of construction. IN WITNESS WHEREOF, this instrument is executed this day of - - 2022; Downey Property Investments, ILILC, a California limited liability company BY: NAME: TITLE: Street: 8030 Imperial Highway, Downey, CA 90242 AIN: 6260-0113-04 A: 4790 F5W Attachment "A2"- Legal Description Attachment "B"- For Visual Reference Only. Not for Descrii)tive Puri)ose� - --------------- - A notary public or other officer completing this certificate verifies only the identit, .1 of the individual who signed the document to which this certificate is attached, and not the tnjthfijln,--,-, qr.r.iirqr.v nrvqlirfitvnfthqtrinr.ijrnPnt COUNTY OF On before me, Notary Public, personally appeared 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 foregoin'14 paragraph is true and correct. g= �J ME Because the area affected by the easement to which this consent is attached is the subject tf a lease or other possessory interest from Grantee to the undersigned, the undersigned hereby 9.cknowledges its consent to the granting of such easement. Richard N. Steiner Director and Managing Counsel, Walgreen Co. OPINION U, �TATE OF Illinois NAIK0ya On before me, Notary Public, personally appeared Richard N. Steiner, 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), o 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. WTA110410' Ell 111111 T11111111 1111111 IM Signature (Seal) W-11MWIN W Elld I am -� ("Lien Holder") is the current holder of the benefici interest under a Deed of Trust dated and recorded holder of h en f as Document # Records of •s Angeles County,California44 Lien Holder - iy consents to the granting of , . to which this Consent is attache to the City of Downey, a municipal corporation and charter city, its successors and assigns an Lien Holder hereby agrees that in the event of a foreclosure of the Lien,,the Easement sha survive such foreclosure and remain binding upon the subject real property and all subseque owners thereof. Executed as of i.y of Name: La + notary public or other officer• - only the identity individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or document. J COUNTY OF On before i.ry Puf personally appeared proved i me on basis of . . ievidence to be . i in(s) whose name(s)is/are subscribed tit, ` within instrument and acknowledged oa me that he/she/they executed the same in authorized .i. and that by on i' i or the entity uponbehalf of which the i" i+acted, executed the instrument. underI certify PENALTY OF s under the laws of a" of a i foregoing paragraph is true and correct. i i 1 i Signature ATTTACHMENT" " �XrT1g01**] a1:3III Ci7T APN 6260-013-044 ANGELES COUNTY, DESCRIBED A * „• •, --. �: .�i� i i � r i..i�., - is i,, • i EASEMENTS OF •'i --amY riff TamE+` ATTACHMENT "B" w 4*4 EXHIBIT B SHEET 2 OF 2 PLAT TO ACCOMPANY LEGAL DESCRIPTION POINT OF COMMENCEMENT gINTERSECTION OF IMPERIAL HIGHWAY AND PARAMOUNT BLVD PER (Rl) oa� 'Ile 4�;eo)' f ��?4'9, u 41 APN 6260-013-027 TRACT NO, 14173 T.P.0,B- MEETZ SURVEYING 11 L7� 2M3 WALNUT STREET SUITE D A U N1 CU�iWA, CA NrA WMP METZSURVEYNG FM N32'1V54-E- -N2W5T59"E 5.00, APN 6260-013-044 TRACT NO. 14173 TAB CEATERLINE OF IMPERIAL HIGHWAY HAVING A BEARING OF NORTH 59'03'36" WEST PER (Rl) REFERENCES IRI) TRACT MAP NO. 14173, BK 293, PG 5-8T.M. (R2) INSTRUMENT4520. JUNE 1. 1965 (R3) GRANT DEED, 80-11579533, NOVEMBER 14,1980 AREA SUkt�- TOTAL EASEMENT AREA = 286* S,F 4�11191 EASEMENT LINE CENTERLINE RIGHT-OF-WAY LINE LOT LINE TIE LINE KNI, MISCELLANEOUS MAPS S.F. SQUARE FEET APN ASSESSOR'S PARCEL NUMBER ROW RIGHT OF WAY T'P,OZ TRUE POINT OF BEGINNING 11 # 4 TEMPORARY CONSTRUCTION EASEMENT CITY OF DOWNEY, COUNTY OF O..: ANGELES, CALIFORNIA [on This is to certify that the interest in real property conveyed by within instrument to the City of Downey, a municipal corporation and charter city is hereby accepted by order of the City Council, and the grantee consents to the recordation thereof by its duly authorized officer. ,e Y Dated: 94 9,;)- B "'— Xan �Alicia Duar�teCM�C� City Clerk MM,