Iti�:LoP►L9I 7_1 ►_yfi7 7_11,Ip7T,141M da=1111540VK91iI11Z[fill FROM: OFFICE OF THE CITY MANAGER
BY: MATTHEW BAUMGARDNER, P.E., DIRECTOR OF PUBLIC WORKS/CITY
ENGINEER
DATE: FEBRUARY 13, 2024
SUBJECT: PURCHASE OF PERMANENT ROADWAY EASEMENT AND ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENT FOR PROPERTY LOCATED AT 8010
IMPERIAL HIGHWAY
EXECUTIVE SUMMARY
The City Council will consider the adoption of a resolution approving the purchase and acquisition of a partial fee and Temporary Construction Easement for property located at 8010 Imperial Highway and authorizing the City Manager to execute the purchase agreement to facilitate the construction of the Imperial Highway at Paramount Boulevard Intersection Improvement Project. This project will increase capacity, improve the operation and enhance traffic safety at the intersection.
RECOMMENDATION
That the City Council:
Adopt Resolution No. 24-8230, approving the purchase of a partial fee and temporary construction easement for the property located at 8010 Imperial Highway pursuant to the mitigated negative declaration for the "Paramount Boulevard at Imperial Highway Intersection Improvement Project"; and
2. Authorize City Manager, or his designee, to execute the purchase agreement with Best California Gas, Ltd. And Tesoro Refining & Marketing Company LLC in the amount of $201,182, including any non -substantive amendments, up to the authorized budget amount of $325,000.
BACKGROUND
The Imperial Highway at Paramount Boulevard intersection is a junction of two major arterial streets within the southwestern quadrant of the City of Downey. This intersection is included as one of several study intersections in the 1-710 Corridor Environmental Impact Report/Statement (EIR/EIS) and one of two study intersections within the City of Downey. This intersection currently accommodates an average daily traffic volume of approximately 67,000 vehicles per day (VPD) with an existing Level -of -Service (LOS) of "E" during AM and PM peak hours. LOS is a metric describing the degree of traffic
PURCHASE OF PERMANENT ROADWAY EASEMENT AND ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENT FOR PROPERTY LOCATED AT 8010 IMPERIAL HIGHWAY FEBRUARY 13, 2024
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congestion present at an intersection during a particular time period. There are six LOS steps ranging from "A" to "F", with "A" representing the least and "F" representing the most congestion. LOS "E" means that the intersection has reached capacity and vehicle demand on each approach is at the maximum volume that can be physically accommodated. Per the 1-605 Congestion Hot Spots Feasibility Study commissioned by the Gateway Cities Council of Governments in 2012, the traffic volume at this location is expected to increase by 18% to approximately 79,000 VPD by year 2035. As such, it is expected that the LOS during AM and PM peak hours will deteriorate to level "F" without improvements to the intersection.
An analysis was subsequently completed through the 1-710 Corridor EIR/EIS which identified specific capacity improvements needed to accommodate the projected traffic volume growth and maintain an acceptable LOS at this intersection. The improvements include additional left -turn lanes in the southbound and westbound directions on Paramount Boulevard and Imperial Highway, respectively, as well as the allowance of U- turns in the northbound direction on Paramount Boulevard. Said capacity improvements will require widening of the intersection approaches and departures along Imperial Highway and Paramount Boulevard which, in turn, will require acquisition of portions of adjacent private properties along with temporary construction easements. In February 2014, the Los Angeles County Metropolitan Transportation Authority issued a grant in the amount of $3,185,000 to the City for the Imperial Highway at Paramount Boulevard Intersection Improvements through a funding agreement.
One of the impacted properties is the Arco gas station located at 8010 Imperial Highway.
The location of this property along with the portion of this property which will be impacted by the project is shown in Attachment A.
ANALYSIS
A property appraisal has been completed for the partial property acquisition at 8010 Imperial Highway. Based on the appraisal, a just compensation amount of $201,182 has been determined for said partial fee acquisition consisting of $98,100 for the permanent right-of-way acquisition for the roadway easement based on fair market value, $32,424 for the temporary construction easement, $4,050 for site improvements and $66,608 for sign demolition and replacement. An offer in the amount of $201,182 was submitted to the property owner and tenants along with the purchase agreement. The owner and tenants accepted the offer and have signed the agreement.
The adoption of the attached resolution (Attachment B) will be necessary in order to execute the purchase agreement (Exhibit "A") and to move the acquisition process forward. Staff recommends adoption of the resolution and approval of the agreement.
Following execution of the agreement, the partial acquisition will go through escrow with the City taking possession of the portion of the property approximately 30 days thereafter.
E
PURCHASE OF PERMANENT ROADWAY EASEMENT AND ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENT FOR PROPERTY LOCATED AT 8010 IMPERIAL HIGHWAY FEBRUARY 13, 2024
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Construction of the Imperial Highway at Paramount Boulevard Intersection Improvements is expected to commence in July 2024 and be completed by January 2025. A Mitigated Negative Declaration (MND) was completed for this project in May 2020 and adopted by the City Council on June 23, 2020. Per the adopted MND, the acquisition of the aforementioned partial property acquisition will have no impact.
CITY COUNCIL PRIORITIES
Quality of Life, Infrastructure & Parks
FISCAL IMPACT
Approval of the recommended actions will result in an expenditure of $201,182 from the Special Revenue - Grant Fund in Account No. 26-16745 as previously approved in the FY2023-24 capital improvement budget. There is sufficient fund balance for the recommended actions.
ATTACHMENTS
Attachment A: Location Map
Attachment B: Resolution
Attachment C: Purchase Agreement
K
8010 Imperial Hwy.
APN 6260-013-027)
ATTACHMENT A
RESOLUTION NO. 24-8230
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING
THE PURCHASE AND ACQUISITION OF A PARTIAL FEE AND TEMPORARY CONSTRUCTION EASEMENT FOR PROPERTY LOCATED AT 8010 IMPERIAL
HIGHWAY PURSUANT TO THE ADOPTED MITIGATED NEGATIVE DECLARATION FOR THE "PARAMOUNT BOULEVARD AT IMPERIAL HIGHWAY INTERSECTION IMPROVEMENT PROJECT"
WHEREAS, the City of Downey ("City") has negotiated a purchase agreement with Best California Gas, Ltd., a California limited partnership ("Seller") and Tesoro Refining & Marketing Company LLC, a Delaware limited liability company ("Lessee"), pursuant to which the City would acquire a partial fee and temporary construction easement located at 8010 Imperial Highway, Downey, CA for a purchase and acquisition price of Two Hundred One Thousand One Hundred Eighty -Two Dollars ($201,182.00) ("Agreement"); and
WHEREAS, on June 23, 2020, the City Council, pursuant to the California Environmental Quality Act (Pub. Res. Code §§ 21000 et seq.) (CEQA), and the State CEQA Guidelines (14 Cal.
Code Regs. §§ 15000 et seq.) determined that a Mitigated Negative Declaration (MND) be prepared pursuant to CEQA in order to analyze all potential adverse environmental impacts of the Paramount Boulevard at Imperial Highway Intersection Improvement project ("Project"); and WHEREAS, pursuant to CEQA, when taking subsequent discretionary actions in furtherance of a project for which an Environmental Impact Report (EIR) has been certified, the lead agency is required to review any changed circumstances to determine whether any of the circumstances under Public Resources Code section 21166 and State CEQA Guidelines Section 15162 require additional environmental review; and
WHEREAS, the purchase and acquisition of the partial fee and temporary construction easement has been evaluated in light of the standards for subsequent environmental review outlined in Public Resources Code section 21166, and State CEQA Guidelines section 15162; and
WHEREAS, based on that evaluation, the MND fully analyzed and mitigated all potentially significant environmental impacts, if any, that would result from the purchase and acquisition of the partial fee and temporary construction easement, and therefore, no subsequent EIR or mitigated negative declaration is required; and
WHEREAS, the City Council has determined that approval of the Agreement and the sale transaction contemplated thereby, are in the best interest of the City and the public health, safety and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Having considered the administrative record, the MND and all written and oral evidence presented to the City Council, the Council finds that all environmental impacts of the purchase and acquisition of the partial fee and temporary construction easement have been addressed within the MND. The City Council finds that no new or additional mitigation measures are required. The Council further finds that there is no substantial evidence in the administrative record supporting a fair argument that the purchase and acquisition of the partial fee and temporary construction easement may result in any significant environmental impacts beyond those analyzed in the MND.
ATTACHMENT B
RESOLUTION NO.
PAGE 2
SECTION 2. 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) further authorizes the City Manager to execute the final Agreement and any other documents and agreements necessary to complete the sale transaction contemplated by the Agreement.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 13th day of February, 2024.
MARIO TRUJILLO, Mayor
ATTEST:
MARIA ALICIA DUARTE, CMC
City Clerk
APPROVED AS TO FORM:
JOHN M. FUNK
City Attorney
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 13th day of February, 2024, by the following vote, to wit:
AYES:
Council Members:
NOES:
Council Members:
ABSTAIN:
Council Members:
ABSENT:
Council Members:
MARIA ALICIA DUARTE, CMC
City Clerk
APN: '6260-013-027
TITLE REPORT NO: 092012357
PROJECT: Imperial Highway and ParamountBoulevard Intersection Improvement Project
AGREEMENT FOR ACQUISITION OF PARTIAL FEE AND TEMPORARY CONSTRUCTION
EASEMENT
Commonwealth Land Title Escrow No:
4100 Newport Place Dr., Suite 120
Newport Beach, CA'92660 Title Order No.: 092012357
Attention: Grace U. Kim
("Escrow ;Holder")
THIS AGREEMENT FOR ACQUISITION OF iPARTIAL FEE AND TEMPORARY CONSTRUCTION EASEMENT ("Agreement") is entered into as of December 8, 2023 ("Effective Date") by and among the City of Downey, a municipal corporation and charter city ("Buyer"), Best California Gas, Ltd., a California limited ;partnership ("Seller"), and Tesoro ;Refining & Marketing Company LLC, a Delaware limited liability company ("Tesoro") as lessee, for the -acquisition by Buyer of a ;partial fee interest and temporary access and utilization of certain property as described herein. As used herein, the Buyer, - Seller and Tesoro are individually referred to as a "Party" and collectively referred to as the "Parties".
IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:
1. AGREEMENT—T L NASE. Seller is the owner of that real !property located in the City of Downey; Los ,Angeles County, California, more particularly described in Attachment "A" attached 'hereto("Property"). 'Tesoro is a 'lessee and holds a leasehold interest in the Property. Seller agrees to sell to Buyer and Buyer agrees to purchase from Seller, upon the terms and for the consideration set forth in this Agreement, a ;partial fee acquisition ("Fee") as described in Attachment "Al" and depicted in Attachment "B" and a temporary construction easement ("TCE") described in Attachment "A2" and depicted in Attachment "B" attached hereto ("TCE Area"). The Fee and TCE are °being acquired for a public purpose in connection with the Imperial Highway and Paramount Boulevard Improvement Project("Project" ).
2. F __ - . The total purchase price, payable in cash through escrow, shall be the sum of Two Hundred One Thousand One Hundred Eighty Two and No Hundredths Dollars ($201,182.00) ("Purchase Price").
2.1 Altocation.,of-Purchase-Price. Buyer and Seller acknowledge that this Purchase Price is allocated as follows:
Fee of 654 square feet, paid to Seller $98,100.00
TCE of 2,702 square feet, paid to Tesoro $32,424.00
Site Improvements, paid to Seller $-4,050.00
Sign demolition -and -re laacemenl- aicLtoTesoroo Attachment"E $66,608.00 Total $201,182.00
3. �ONVEYANCF OF FA_SEMENT. Seller agrees to convey the Fee by a "Grant Deed" in the same form as that attached hereto as Attachment"C" ("Grant Deed") and TCE to Buyer by a. "Grant of Easement" in the same form as that attached hereto as Attachment D" (".Grant of Easement - TCE"). The legal description and depiction of the Fee and TCE are as set forth in 1 Attachment C
attachments to the Grant Deed and Grant of Easement - TCE. In order to assure that the Fee and TCE cannot be eliminated through foreclosure or other enforcement of an existing mortgage, deed of trust, lien or judgment of record (collectively, the "Mortgage"), Seller agrees that to the extent there exist holders of any such mortgages, deeds of trust, judgments or liens (collectively, the "Mortgagee"), then the Mortgagee will subordinate their interests to the Fee and TCE. As of the Effective Date, Seller, to the best of its current actual knowledge without the requirement of further independent inquiry, represents that there is no Mortgage or Mortgagee upon the Property and therefore, no consent to the Grant Deed and Grant of Easement TCE is required.
4. WARRANTY AGAINST EASEMENTS NOT OF_ RE_C R . Except as would otherwise be shown in a preliminary title report, to the current actual knowledge of Seller without the requirement of further independent inquiry, Seller warrants to Buyer that as of the Effective 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, except for the license for the billboard structure (the "Billboard") on the east property line close to Imperial Highway.
5. TEMPORARY CONSTRUCTION EASEMENT. Subject to the terms and conditions of this Agreement, Seller agrees to convey to Buyer the TCE in, on, over and above the portion of the subject property described and depicted on the attached Attachments "A2" and "B" Temporary Construction Easement (the "TCE Area") incorporated herein by this, reference.
6. TCE TERM. The term of the TCE (the "TCE Term") shall continue until completion of the Project, but no longer than six (6) months from the Commencement Date ("Termination Date") provided that in no event" shall the TCE Term exceed more than twenty-four (24) months after the Effective Date (the "Outside Termination Date"). No less than thirty (30) calendar days prior to first accessing the TCE Area pursuant to the TCE, Buyer shall provide Seller and Tesoro with written notice (the "Notice") sent via (i) certified mail to Thrifty Oil at 13116 Imperial Highway, Santa Fe Springs, CA 90670 and via e-mail to bri s(cDthrif%roil.com, and (ii) certified mail to Tesoro at 539 S. Main Street, Findlay, OH 45840, Attention: Commercial Real Estate and via email to smallermarathon etroleum coma such Notice shall specify the date that Buyer shall commence construction activities in, on or about the TCE Area (the `Commencement Date").
7. TITLE INSURANCE POLICY. 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 Fee. '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 Buyer and Seller 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 Buyer and Seller 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 Deed and Grant of Easement are 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 regarding a Mortgage, if any;
h
9.2 Pay and deduct from the amount shown in Paragraph 2 above, any amount necessary to satisfy any delinquent taxes place upon the =Property together with penalties and interest thereon, and/or delinquent or non -delinquent assessments or bonds placed upon the Property 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 Seiler under Paragraph 2 of this Agreement, up to and including the total amount of unpaid principal and interest on note(s) secured by Mortgage, if any, and all other amounts due and payable in accordance with terms and conditions of said Mortgage 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 entitled thereunder
9.4 Pay and charge Buyer for all recording fees incurred in this transaction including payment of reconveyance fees, transfer taxes, 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 POSSIBLE.
10. ESCROW FEES CHARGES AND COSTS. Buyer agrees to 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 COMPLETE SETTLEMENT. Except to the extent based upon a breach of this Agreement by Buyer, ,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 Fee, specifically including, but not limited to, any and all claims in inverse condemnation' and for pre -condemnation damages, loss of good will, and any and all other claims that Seller may have, whether or not specifically mentioned here, relating directly or indirectly to the acquisition by Buyer of the Fee. 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 Fee 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. This Section 11 as well as Section 3 of this Agreement shall only be effective once all of the following conditions have occurred: (i) the full execution of this Agreement; and (ii) the Close of Escrow (collectively, the "Delivery Conditions").
12. CONSTRUCTION CONTRACT AND CURATIVE WORK.
12.1 It is understood and agreed by and among the Parties hereto in addition to the compensation shown in Paragraph 2 herein above, the Buyer, its contractors or assigns, shall perform and be responsible for all costs associated with the following construction contract items at the time of the installation of the proposed Project, including but not limited to the value of and cost to remove, relocate, reconstruct, replace and/or refurbish the following improvements located on the Property (subsections (a) through (d) below are collectively, the "Buyer's Work"):
3 (a) Relocate or replace paving and curbing in the TCE Area and along new planter boundaries, and landscaping and irrigation in the TCE Area, (b) Asphalt paving 200 square feet;
(c) Irrigated grass/shrubbery landscaping 450 square feet [To be discussed with Buyer]; and
(d) Demolition of existing Arco sign, including the removal of existing footings and necessary electrical components"
i. City's Community Development Department shall waive sign permitting fees up to the amount of $5,200.00
12.2 It is understood and agreed by and among the Parties hereto in addition to the compensation shown in Paragraph 2 herein above, the Seller, its contractors or assigns, shall be responsible for all costs associated with the following construction contract items at the time of the installation of the proposed Project:
(a) Sign replacement, including ,replacement of necessary footings, electrical components, and associated workincludedin Attachment "E" (the "Sign Work')
12.3 The Buyer's Work shall be subject to the following:
(a)All Buyer's Work shall be at the sole cost and expense of Buyer. (b) All Buyer's Work shall be conducted only by licensed persons and entities (collectively, the "Contractors") in compliance with all applicable federal, state and local laws, regulations, rules, orders and ordinances (collectively, the "Laws"). All Contractors before entering upon the Property pursuant to the TCE shall provide Seller and Tesoro with 'written evidence that they have secured and maintained insurance coverage under each of the following types of policies: automobile liability insurance with a combined single limit of not less than $1,000,000.00, commercial general liability insurance (which shall include coverage for both bodily injury and broad form property damage) with a minimum amount of $2,000,000 per occurrence and a general aggregate limit of not less than $2,000,000, and worker's compensation insurance required by law. Prior to entering upon the Property, all Contractors' shall provide Seller and Tesoro with certificates of "insurance for such policies identifying Seller and Tesoro as certificate holders with endorsements naming Seller and Tesoro as additional insureds on all such policies except for the worker's compensation policies. In no event shall the amount of such insurance coverage serve as a limitation on the Buyer's indemnification obligation. (c) Buyer (a) shall not store or place any materials, equipment, or vehicles on or within the TCE Area overnight, (ii) will use all reasonable efforts to keep any pricing signs on the Property visible, (iii) shall not install any fence at, in, on or around any portion of the Property, and (iv) shall not, except to the extent' reasonably necessary, excavate, drill, trench or dig in the TCE Area. (d) Buyer, at its sole cost and expense, shall acquire all applicable permits, approvals and other authorizations required "under all applicable Laws prior to accessing the TCE Area, and all activities of Buyer, its contractors or assigns, on, at or concerning the Buyer's Work shall be conducted in accordance with all Laws, industry standards, and otherwise in a good and workmanlike manner.
(e) Except for the Sign Work area located near the TCE Area, no structure, improvement, sign, equipment, fixture, trade fixture or personal property on, at or near the TCE Area shall be damaged, destroyed, altered, moved, removed or relocated by Buyer. (f) Buyer shall keep the Property free and clear of any mechanic's and 4 materialmen liens based upon its use of the TCE, and shall take any and all actions to immediately cause any such liens to be released.
(g) Buyer shall be responsible for providing any and all security and safety personnel reasonably necessary for the Buyer's Work.
(h) Buyer shall use reasonable efforts not to cause any disruption or interruption to any utilities (including but not limited to electrical and telecommunication services) to or at the Property, except for short periods of time required by the applicable utility company(ies). To the extent Buyer becomes aware of any upcoming disruption or interruption of any utilities to or at the Property, Buyer will notify Seller and Tesoro of the same as soon as possible under the circumstances.
Seller and Tesoro shall not have any responsibility for locating any underground utilities, structures or equipment that may situated or located on, at or under any portions of the Property (including but not limited to the 'TCE Area), nor shall Selleror Tesoro have any responsibility for advising Buyer or Contractors of the same. In the event any underground utilities, structures or equipment on (or servicing) the Property are damaged by Buyer or any of its Contractors, it shall be Buyer's responsibility (not Seller's or Tesoro's responsibility) to promptly repair, at Buyer's sole cost and expense, the same, regardless of the reason(s) why such utilities, structures or equipment were damaged, it being the intent of the Parties hereto that the risk of the same shall not be borne by Seller or Tesoro. (i)" Without limiting any other provision of this Agreement, Buyer shall take all reasonable steps in Buyer's Work to minimize any impacts to any business activities at the Property, and shall only conduct Buyer's Work -related activities that are reasonably necessary for the Project.
Buyer shall keep all construction dirt, dust and debris from unreasonably interfering with the business activities at the Property.
0) Buyer shall ensure the Buyer's Work never blocks, prevents or impedes any vehicles (including customer vehicles and fuel delivery trucks) from using any part of the Property. (k) Buyer and Contractors do not have any right to enter upon or use any portion of the Property except for the Fee, TCE Area and "Sign Work area. (1) Buyer shall ensure the Buyer's Work does not physically prevent any use of any fuel dispensers by any customers at the Property (the intent of this provision being an objective standard as to whether a vehicle can be parked so as to use ;the fueling dispensers, not whether a customer might otherwise be dissuaded from entering the Property merely because of ongoing Buyer's Work).
(m) Any breach by any of the Buyer of any obligation hereunder applicable to Buyer shall be deemed to be a breach of this Agreement by Buyer. (n) Prior to the end of the term of the TCE, Buyer shall return the TCE Area to the same or similar condition as it existed prior to Buyer first accessing the TCE Area, 'including, without limitation, (A) removing from the TCE Area all construction equipment and materials (including, without limitation, any temporary improvements and all construction -related debris) and (B) replacing paving and landscaping within the TCE Area with paving and landscaping in kind. (o) Buyer shall use reasonable efforts to respond to inquiries from Seller and Tesoro concerning the status of the Buyer's Work.-
13. RENTAL AND LEASEHOLD INTEREST. Seller warrants that, except for Tesoro and its operators on the Property and the Billboard operator (collectively, the "Existing Occupants"), there are no third parties in possession of any portion of the TCE Area as lessees, tenants at sufferance, trespassers, or invitees, and except for the Existing Occupants,, that there are no oral or written recorded or unrecorded leases or other agreements concerning all or any portion of the TCE Area exceeding a period of one month. Seller further agrees to hold Buyer harmless and reimburse Buyer for any and all losses and expenses occasioned by reason of any 'lease affecting the TCE Area not disclosed to Buyer as set forth herein.
5 14. WARRANTIES REPRESENTATIONS AND COVENANTS OF SELLER. Seller hereby warrants, represents, and/or covenants to Buyer that:
(a) To the best of Seller's knowledge without the requirement of further independent inquiry, 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 without the requirement of further independent inquiry, there are no encroachments onto the TCE Area by improvements on any adjoining property.
(c) Until the Closing, Seller shall not do anything which would materially impair Seller's title to the Property.
(d) Until the Closing, Seller shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Agreement not to be true as of closing, shall use commercially reasonable efforts to 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 and has good title to the Property and is authorized to enter into and perform this Agreement.
15. HAZARDOUS WASTE. Seller and Tesoro make no representation or warranty regarding the presence or existence, or lack thereof, of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property or any portion thereof (including the Fee and TCE Area), or any migration therefrom. The term "Hazardous Material" shall mean any substance, material or waste so defined by any 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 or 25122.7, or listed pursuant to Section 25140, 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 25281 of the California Health and Safety Code; (v) petroleum; (vi) asbestos; (vii) a polychlorinated biphenyl; (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Code 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); or (xii) any other substance, whether in the form of a 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 or disposal, or is defined as "hazardous" or is harmful to the environment or capable of posing a risk of injury to public health and safety. All soil and/or groundwater contamination in, on, at or under, or migrating from, the Property (including the Fee and TCE Area) that is related to or caused by any Hazardous Materials, including but not limited to petroleum hydrocarbons, oil, and grease, whether presently known, unknown, discovered or undiscovered, shall be referred to as the "Contamination." The Buyer hereby forever and fully releases, acquits, exonerates and discharges (i) Seller and Tesoro, (ii) all of Seller's and Tesoro's parents, subsidiaries, divisions, affiliates, predecessors and successors, (iii) all persons and entities that previously held any fee or leasehold interest in the Property and/or any portion thereof, (iv) all persons and entities that previously owned and/operated any gasoline service station on the Property, and (v) all past, present and future directors, officers, shareholders, managers, members, employees, operators, tenants, 6 agents and attorneys of any of the foregoing, from any and all claims, 'rights, demands, liens, agreements, contracts,' warranties, covenants, actions, suits, causes of action, obligations, controversies, debts, costs, fees (including attorney and consultant fees), expenses, accounts, damages, penalties, judgments, orders and liabilities of whatever kind, nature, character and description in law, equity or otherwise, whether known or unknown, -suspected or unsuspected, anticipated or unanticipated, liquidated or unliquidated, regarding, based upon, arising from or related to any Contamination encountered or discovered by the Buyer or Contractors.
16. PERMISSION TO ENTER ON PROPERTY.- Seller hereby grants to Buyer, its authorized agents or Contractors, the right to enter upon the Fee and TCE Area upon forty-eight (48) hours prior written notice to both Seller and Tesoro in order to make necessary and reasonable inspections, subject to the requirements of Section 12.2 above. Such inspections shall not include any environmental based or subsurface testing. Buyer will coordinate with Seller and Tesoro regarding such inspections. Buyer and Seller will cooperate to assure that Buyer's exercise of this right -of -entry respects the rights of Tesoro to the quiet enjoyment of the Property.
17. POSSESSION. Buyer shall be entitled to possession of the Fee and TCE Area upon the satisfaction of the Delivery Conditions.
18. - INDEMNITY.
The Buyer agrees to protect, hold harmless, indemnify and defend Seller and Tesoro, each of their parents, subsidiaries and affiliates, and all directors, managers, members, officers, employees, trustors, trustees, tenants, contractors, agents, representatives, successors and assigns of any of the foregoing (collectively, "Indemnified Parties") from and against any :and all suits, claims, ;causes of actions, assessments, taxes, demands, damages, liens, losses, injuries, liabilities, orders, directives, fines, penalties, costs and expenses (including reasonable attorneys' fees and costs, expert witness fees, and bond costs) related to, arising from or based on: (i) any Buyer's Work, or Buyer's or its Contractors' or agents' entry onto the Property, (ii) any negligent act(s) or omission(s) at or regarding the Property by the Buyer or its Contractors or agents arising from, proximately caused by or resulting from Buyer's Work, (iii) the Property's nonconformity with any provision of applicable Laws ;resulting solely from Seller's granting of the Fee and TCE to Buyer and/or Buyer's (or its Contractors') use of the same, and/or (iv) any breach of this Agreement by Buyer.
19. 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 an original, and all such counterparts together shall constitute one and the same instrument. Delivery of an executed counterpart of this Agreement by electronic (PDF) transmission shall be equally as effective as delivery of a manually executed counterpart of this Agreement.
20. 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 of the Buyer herein. The execution of these documents and the delivery of same to Escrow Holder constitutes said acceptance and approval.
21. NO BROKERS. Buyer and Seller each represents to the 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 of any person for any fee or compensation due in connection with this transaction pursuant to an agreement made with said claimant.
22. JURISDICTION AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The Parties consent to the jurisdiction of the California courts with venue in Los Angeles County.
7 23. 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; provided, however, that any such assignment shall not be binding on Seller or Tesorounlessand until Seller and Tesoro are provided written notice of any such assignment and written confirmation from the assignee that such assignee has agreed to assume all duties and obligations of Buyer hereunder.
24.- COOPERATION. 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.
25. ENTIRE AGREEMENT WAIVER AND MODIFICATION. This Agreement, together with escrow instructions executed by the Parties, will constitute the entire Agreementbetween the Parties with 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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE FOLLOWS
8 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year set forth hereinabove.
MAILING ADDRESS OF BUYER
BUYER
City of Downey
11111 Brookshire Avenue
CITY OF DOWNEY, a municipal corporation and
Downey, CA 90241
charter city
Date:
By
Roger Bradley, City Manager
Attest:
By:
Maria Alicia Duarte,-CMC, City Clerk
Approved as to Form:
�-
By:
ohn M. Funk, City Attorney--
MAILING ADDRESS OF SELLER
SELLER
Best California Gas, Ltd.
Best California Gas, Ltd., a California limited
-Attn: Greg Briggs
partnership
13116 Imperial Highway
Santa Fe Springs, CA 90670
By: The Orden Company, LLC, a California limited
liability compa , its prized Agent
By:
Name:
Its:
`Z.-
Date:
1 MAILING ADDRESS OF TESORO TESORO
Tesoro Refining & Marketing Company LLC Tesoro Refining & Marketing Company LLC, a Attn: Commercial Real Estate Department Delaware limited liability company 539 S. Main Street
Findlay, ON 45840
By:
Name: James M Hedrick
Its: Authorized Person
Date • - ... "Z- 1
AMA
Approved as to Form
LIST QE ATTACHMENTS
Attachment A
Legal Description of Property
Attachment Al & B
Legal Description and Depiction of Fee
Attachment A2 & B
Legal Description and Depiction of Temporary Construction Easement Attachment C
Grant Deed
Attachment D
Grant of Temporary Construction Easement
Attachment E
Sign Removal and Replacement Proposal
3 ATTACHMENT "A"
LEGAL DESCRIPTION OF PROPERTY
All that ceilavi teal propqfly silualed in 11�e County of Los Angoies, Stale of C-,01wniaz desvibed as fullows THAT PORTION OF LOT I OF 'TRACT NO, 14173, IN THE CITY OF D(A-1v NEY COUNTY OF LOS ANG, ELES, STATE OF CALIFORNIA AS PER K4AP RECORDED IN %QQ ZTj PAGES 5 AND 6 OF MAPS, IN THE S OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIElff'4§ 6aO;
BECI,NNING AT THE NORIHERLY TERMINUS OF THAT CERTAIN COURSE IN THE WESTERLY LINE OF SAID LOT, HAVING A BEARING OF NORTIA 32 11" 54' EAST AND A DISTANCE OF 188,43 FEET AS SHOWN ON SAID IVIAP THENCE SOUTH 32- 11' 54" WEST ALONG SAID LINE, 105,36 FEET TO A LINE PARALLEL WITH AND DISTANT' SOUTHERLY 120 FEET MEASURED A,r RIGHT ANGLES FROM THE COURSE IN THE NORTH LINE OF SA0 LOT HAVING A BEARING OF SOUTH 5,C9- 03` 36' EAST AND A LENGTH OF 147 41 FEET THENCE SOUTH 59'03 36" EAST ALONG SAID PARALLEL LINE 1600 FEET TO A LINE PARALLEL WITH AND DISTANT EASTERLY 160 FEET MEASURED AT RIG14T ANGLES FROM THE HEREINSEFORE DESCRIBED COURSE IN THE WESTERLY LINE OF SAID LOT: THENCE NORTH 32' 1 V 54" EAST ALONG SAID PARALLEL LINE, 120 03 FEET TO THE NORTH LINE OF SAID LOT THENCE ALONG THE BOUNDARY OF SAID LOT, NORTH 59, 03'36' WEST 145,37 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF IS FEE'r, THENCE SOUTHWESTERLY AL('.)NG SAID CURVE, 23,23 FEET TO THE POINT OF BEGINNING TOGETHER WITH THAT PORTiON OF IMPERIAL HIGMIAY AND THAT PORTION OF PARAMOUNT BOULEVARD, AS VACATED BY THAT CERTAIN RESOLUTION NO, 4555, RECORDED JUKE 1, 1965 AS INSTRUMENT NO 4520 OF OFFICIAL RECORDS, WHICH WOULD PASS BY OPERATION OF LAW UPON
CONVEYANCE OF, SAID LAND
Assessor s Parcel, Number: 6260-013-027
A-1
ATTACHMENT "Al"
FEE
LEGAL DESCRIPTION
APN 6 6"l -027
THAT PORTION OF PARCEL 1 OF TRACT" NO 14171 IN THE CITY OF GQW NEY" COUNTY OF LCS ANGELES, STATE CE CALIFORNIA, FILED IN BOOK 293, PASSE 5-6 OF MAPS, RECORDS OF LQS
ANGELES COUNTY, DESCRIBED AS FOLLOWS
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF IMPERIAL HIGHWAY = FEES" HALF WIDTH) AND THE CENTERLINE OF PARAMOUNT ELVD (50 FEET" HALF °a� IDTHp. AS SHOWN ON SAID TRACT 14173 THENCE ALONG THE CENTERLINE OF PARAMOUNT ELVD SOUTH 32' 11"54" WEST 77.36 FEET: THENCE LEAVING SAID CENTERLINE AT RIGHT" ANGLES SOUTH 67'48'06" EAST TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF PARAMOUNT ELVD AS SHOWN N INSTRUMENT 4E20, RECORDEO .€UN tST, 1965, RECORDS OF LOS ANGELES, SAID POINT BEING THE TRUE POINT OF BEGINNING THENCE NORTHEASTERLY ,ALONG SAID RIGHT-OF-WAY THE FOLLOWING rAlO COURSES, NORTH 32'11554„ EAST 13.77 FEET TO THE BEGINNING OF ATANCGENT CURE, CONCAVE TO THE EAST, HAVING A RADIUS OF 16 V, FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 8`44' '. AN ARC DISTANCE OF 23 23 FEET TO A POWT ON THE SOUTHERLY RIGHT-OF-WAY OF IMPERIAL HIGHWAY AS SHOWN CAN SAID INSTRUMENT 4525. THENCE ALONG SAID RIGHT -CIF -WA SOUTH 6 '03°36" EAST 160.37 FEET TO A POINT ON THE EASTERLY PROPERTY LINE OF THE LOT DESCRIBED IN CORPORATION GRANT DEED 6 -T 157E63, RECORDED N IVEI° B R 18TH 1980, RECORDS OF LIDS ANGELES, THENCE LEAVING SAIL RIGHT,OFA +AY AND ALONG SAID LOT LINE SOUTH 32' 1 V54" WEST TO A POINT PARALLEL TO AND DISTANT 2,00 FEET FROM SAID SOUTHERLY RIGHT-OF-WAY: THENCE CONTINUING PARALLEL WITH SAID RIGHT-OF,WAY NORTH 59'03"36" WREST 148,W FEET". THENCE SOUTH 76"36`a04, " WEST 37,82 TO THE TRUE POINT OF BEGINNING.
ALL AS SHOWN ON THE ATTACHED EXHIBIT''E" AND BY THIS REFERENCE MADE A PART HEREOF, SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS„ RIGHTS OF WAY AND
EASEMENTS OF RECORD, IF ANY
CONTAINING 654 SQUARE FEET, MORE OR LESS.
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SURVEYING INC
CITY OF DOWNEY, COUNTS' t;
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AI.—
ATTACHMENT'`A2"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
APN 6260-013-027
THAT PORTION OF PARCEL 1 OF TRACT NO 14173 IN THE CITY OF DOWNEY, COUNTY CE LOS ANGELES, STATE OF CALIFORNIA, FILED IN BOOK 293. PAGE 5 OF FLAPS RECORDS OF LOS
ANGELES COUNTY DESCRIBED AS FOLLOWS
COMMENCING AT THE INTERSECTION OF THE CENTERLINE CIS` IMPERIAL HIGHWAY (50 FEET HALF WIDTH) AND THE CENTERLINE OP PARAMOUNT BLVD (50 FEET HALF WDTHI, AS SHOWN ON SAID TRACT" I4173; THENCE ALONG THE CENTERLINE OF PARAMOUNT BLVD SOUTH 32'11'54' ST 200,95 FEET THENCE LEAVING SAID CENTERLINE AT RIGHT ANGLES, SOUTH 57'45'EI6" EAST TO POINT ON THE EASTERLY RIGHT-OF-WAY OF PARAMOUNT BL.VO AS SHOM ON INSTRUMENT 4520, RECORDED JUNE IST, 1965, RECORDS OF LOS ANGELES, SAIL-) POINT BEING THE TRUE POINT OF EIEGINNtNG, THENCE NORTHEASTERLY ALONG SAID RIGHT-OF-WAY, NORTH 3 *11.5A.4 EAST 13 5 FEET, THENCE LEAVING SAID RIGHT-OF-WAY NORTI-, 75.n35, " FAST 37,$2 TO A POINT PARALLEL TO AND DISTANT 2 00 FEET FROM THE: SOUTHERLY RIGHT-OF-WAY OF IMPERIAL HIGHWAY AS SHOWN ON sA1IT INSTRUMENT 4,520, THENCE CCNTINLiWG PARALLEL WITH SAID RIGHT-OF-WAY SOUTH 5 ''03'35" ST 14&55FEET TO A POINT ON THE EASTERLY LOT LINE DESCRIBED IN CORPORATION GRANT DEED 5 .115 S53, RECORDED NOVE BER 1ST H, 1980, RECORDS OF LOS ANGELES THENCE LEWANG SAID RIGHT-Of:reWA'Y AND ALONG SA1E1 LOT LINE SOUTH 32'11'54" WEST 5 54 FEET" TO A POINT PARALLEL TO AND DISTANT 10,00 FEET FROM SAID SOUTHERLY RI HT,OF VVAY; THENCE CONTINUING PARALLEL 'AATH SAW RIGHT-OFa-MAY NORTH 59'E3`3E°` WEST `38,71 FEST, T FIERCE SOUTH 76'35`04' WEST 39,06 FEET TO A POINT PARALLEL TO AND DISTANT 9,00 FEET OF THE EASTERLY
RIGHT-OF-WAY OF PARAMOUNT BLVD, THENCE CONTINUING PARALLEL WITH SAID RIGHT-OF-WAY SOUTH 32"I 7'S4" WEST` 114 72 FEET TO A POINT ON THE SOUTHERLY LOT LINE DESCRISE J IN SAID CORPORATION GRANT' DEED-115795 , THENCE ALONG SAID LOT LIME NORTH 9'03'a5" WEST 9.00
FEET TO THE TROE POINT OF BEGINNING
ALL. AS SHOWN ON THE Aa"B'"1°ACHED EXHIBIT IT" " S" AND BY THIS REFERENCE MADE A PART HEREOF SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS. RESTRRCT014 , RIGHTS OFAIAY AND
EASEMENTS OF RECORD, IF ANY
CONTAINING 2,702 SQUARE FEET, MORE OR LESS
Legal Description prepared by
l de 4, r g or undv the superviston of
EncW Met, L S E195
A2-1
EXHIBIT B
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REFERENCES .� v.
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TEMPORARY CONSTRUCTION EASEMENT �. .
SURVEYING INCI Y OF DOWNEY, COUNTY OFPx� PY�P�
A2'-2
ATTACHMENT "C"
GRANT DEED
Recording Requested by
CITY OF DOWNEY
When Recorded Mail to:
CITY CLERK
CITY HALL
P.O. Box 7016
DOWNEY, CA 90241-7016
Space above this line is for Recorder's Use
GRANT DEED
This document is recorded for the "benefit of the City of Dowmey and is therefore exempt for payment of recording fee pursuant to Gov't Code Section 6103 and "thorn payment of documentary transfer tax in accordance with R&T Code Section 1 1922" FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Best California Gas, Ltd., a Limited Partnership, hereinafter called Grantor, hereby grants and conveys to the City of Downey, -a municipal corporation and charter city (Grantee), all that real property in the City of Downey, County of Los Angeles, State of California more particularly described and depicted as:
SEE ATTACHMENTS
ATTACHMENT "A1 "- LEGAL DESCRIPTION
AND
ATTACHMENT "B"- FOR VISUAL REFERENCE ONLY
IN WITNESS WHEREOF, this instrument is executed this day of 12023.
Best California Gas, Ltd., a Limited Partnership
BY:
NAME:
TITLE:
Street: 8010 Imperial Highway, Downey, CA 90242
AIN: 6260-013-027
A: 4782
Attachment "Al Legal Description
Attachment "B"'- For Visual Reference Only. Not for Descriptive Purposes' C-1
ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
COUNTY OF )
On before me,
Notary Public, personally appeared
who proved to me oil 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 (Seal)
C-2
ATTACHMENT "Al"
FEE
LEGAL DESCRIPTION
A 6260-013-027
THAT PORTION OF PARCEL I OF TRACT NO, 14173, IN THE CITY OF DOW"NEY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, FILED IN BOOK 293, PAGE 5-6 OF MAPS, RECORDS OF LOS
ANGELES COUNTY, DESCRIBED AS FOLLOWS
COMMENONG AT THE INTERSECTION OF THE CENTERLINE OF thlPF-RIAL HIGHWAY (so FEET HALF WIDTHI AND THE CENTERUNE, OF PARAMOUNT BLVD 160 FEET HALF W107H), AS SHOWN ON SAID TRACT 14173-1 THENCE ALONG THE CENTERLINE OF PARAMOUNT BLVD SOUTH 3211'54" WEST 77 36 FEET, THENCE LEAVING SAID CENTERLINE AT RIGHT ANGLES, SOUTH 57'46*06'EAST TO A POIN"I" ON THE EASTERLY RIGHT-OF-WAY OF PARAIJOUNT BLVD AS SHOIAIN ON INSTRUMENT 4520, RECORDED JUKE IST; 1965 RECORDS OF LOS ANGELES, SAID POINT BEING THE TRUE POINT OF BEGINNING THENCE NORTHEASTERLY ALONG SAID FIGHT. OF,WAY THE FOLLOWING TWO COURSES. NORTH 32'11'64" EAST 13.77 FEET —0 THE SEGINNING OF A TANGENT CURVE, CONCAMS TO T HE EAST, HAVING A RADIUS OF 15,00 FEET, THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 88'44'10', AN ARC DISTANCE OF 23 23 FEET TO A POINT ON THE SOUTHERLY RIGHT-OFANIAY OF IMPERIAL HVH'�NIAY AS SHOWN ON SAID INSTRUMENT 4.5,10, THENCE ALONG SAID RIGHTOF WAY SOUTH $9'03'36* EAST 160 37 FEET TO A POINT ON THE EASTERLY PROPERTY LINE OF THE LOT DESCRIBED IN CORPORATION GRANT DEED 80-11574.53, RECORDED NOVEMBER ISTH, 1980. RECORDS OF LOS ANGELES: THENCE LEAVING SAID RIGHT,OF-IIVAY AND ALONG SAID LOT LINE SOUTH 32', 1*54'kiYEST TO A POINT PARALLEL TO AND DISTANT 2,00 FEET FROM SAID SOUTHERLY RIGHT-OFANAY, THENCE CONTINUING PARALLEL WITH SAID RIGHT-OF-WAY NORTH 159*0316'WEST I 56 FEET; THENCE SOUTH 76"36'04" WEST 37,82 TO THE TRUE POINT OF BEGINNING ALL AS SH0VVN ON THE ATTACHED EXHIBIT "B'AND BY THIS REFERENCE MADE A PART HEREOF SUBJECT 70 COVENANTS, CONDITIONS. RESERVATIONS, RESTRICTIONS. RIGHTS OF WAY AND
EASEMENTS OF RECORD, IF ANY,
CONTAINING 654 SOUARE FEET, MI ORE OR LESS
Legal Descripton prepared by
at under the sopetvfston of
Eric Metz, L,S, 9198
C-3
EXHIBIT" B
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TRACT NO 14173
4 e
BASIS OF BEARING LEGEND
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REFERENCES
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METZ RIGHT-OF-WAY EASEMENT
T t: SURVEYING INC CITY OF DOWNS , COUNTY OF ,qri
C-4
CERTIFICATE OF ACCEPTANCE
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.
Dated: By
Maria Alicia Duarte CMG
Its: City Clerk
C-5
ATTACHMENT 111)„
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
Recording Requested by:
CITY OF DOWNEY
When "Recorded Mail to
CITY CLERK
CITY HALL
P.O. Box 7016
DOWNEY, CA 90241-7016
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 tag: in accordance with R&T Code Section 11922" FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Best California Gas, Ltd., a Limited Partnership, hereinafter called Grantor, does hereby grant to the CITY OF DOWNEY, a California Municipal Corporation and charter city, its employees, agents, representatives; contractors, successors and assigns, a temporary easement for construction purposes in, on, over, and across all that real property in the City of Downey, County of Los Angeles; State of California, described as
SEE ATTACHMENTS
ATTACHMENT "AI"- LEGAL DESCRIPTION
AND
ATTACHMENT "B"- FOR VISUAL REFERENCE ONLY
It is understood and agreed that the rights granted herein shall terminate six (6) months from notification to Grantor by Grantee of the start of construction; provided, however, and regardless of the date such notification is provided by Grantee to Grantor, in no event shall such right continue past a date that is twenty-four (24) months after the Effective Date of the Agreement For Acquisition Of Partial Fee And Temporary Construction Easement (the "Agreement") by and among Grantor, Tesoro Refining & Marketing Company LLC, and Grantee. The rights granted herein and all use of the temporary easement by the Grantee, its agents, representatives and contractors shall be subject to the Agreement. 1N WITNESS WHEREOF, this instrument is executed this day of '2023:
Best California Gas, Ltd., a Limited Partnership
BY:
NAME:
TITLE:
Street: 8010 Imperial Highway, Downey, CA 90242
AIN: 6260-013-027
A: 4789
D_l
Attachment "Al"- Legal Description
Attachment "B" For Visual Reference Only. Not for Descriptive Purpose
ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
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 foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
D=2
ATTACHMENT "Al"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
APN 6260-013-027
THAT PORTION OF PARCEL I OF TRACT NO 14173, IN THE CITY OF DOVJNEY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, FILED IN BOOK 293, PAGE 5-6 OF MAPS, RECORDS OF LOS
ANGELES COUNTY, DESCRIBED AS FOLLOWS
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF IMPERIAL HIGHWAY 150 FEET RALF WIDTH) AND THE CENTERLINE OF PARAMOUNT BLVD 150 FEET HALF MOTH) AS SHOWN ON SAID TRACT 14173, THENCE ALONG THE CENTERL INE OF PARAMOUNT BLVD SOUTH 32'1 V54" WEST 200,95 FEET, THENCE LEAVING SAID CENTERLINE AT RIGHT ANGLES, SOUTH 57'4606' EAST TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF PARAMOUNT BLVD AS SHOWN ON INSTRUMENT 4520, RECORDED DUNE I ST, 1966, RECORDS OF LOS ANGELES, SAID POINT" BEING THE TRUE POINT OF SEGINNING� THENCE NORTHEASTERLY ALONG SAID RIGHT-OF-WAY, NORTH 32'11'54" EAST 123,59 FEET, THENCE LEAVING SAID RIGHT-OF-WAY NORTF 76'35'04" EAST 37,82 TO A POINT PARALLEL TO AND DISTANT 2,00 FEET FROM THE SOUTHERLY RIGHT-OF-WAY OF IMPERIAL HIGHWAY AS SHOWN ON' SAID INSTRUMENT 4520; THENCE CCN-nNLIING PARALLEL WITH SAID RIGHT-OF#WAY SOUTH 69'03'36" EAST 148,58 FEET TO A POINT ON THE EASTERLY LOT LINE DESCRIBED IN CORPORATION GRANT DEED 80-1157963, RECORDED NOVEMBER 18TH, 1980, RECORDS OF LOS ANGELES, THENCE LEAVING SAID RIGHT-OF-WAY AND ALONG SAID LOT LINE SOUTH 32'11'54" FEST 8,00 FEET TO A POINT PARALLEL TO AND DISTANT 10.00 FEET FROM SAID SOUTHERLY RIGHT-OF-WAY, THENCE CONTINUING PARALLEL IMTH SAID RIGHT-OFANAY NORTH 59'03'36'WFST 138,71 FEET, THENCE SOUTH 76'35'04" WEST 39 06 FEET TO A POINT PARALLEL TO AND DISTANT 9 00 FEET OF THE EASTERLY
RIGRT-OF-WAY OF PARAMOUNT BLVD, THENCE CONTINUING PARALLEL VATH SAID RIGHT-OF-WAY SOUTH 32'1 1'54'WEST 114 72 FEET TO A POINT ON THE SOUTHERLY LOT LINE DESCRIBED IN SAID CORPORATION GRANT DEED 80-1157953, THENCE ALONG SAID LOT LINE NORTH 59'03'36'%WST 9.00
FEET TO THE TRUE POINT OF BEGINNING,
ALL AS SHOWN ON THE ATTACHED EXHIBIT'B" AND BY THIS REFERENCE MADE A PART HEREOF
SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS RIGHTS OFWAY AND
EASEMENTS OF RECORD, IF ANY,
CONTAINING 2,702 SQUARE FEET, MORE OR LESS
�4WD
Legal Descrtpfiorw prepared by
or under the supervision of
Errs W, Metz, L S, 9198
D-3
EXHIBIT B
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TRAC ',T NO �4173
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--- -------
T 0 r A E AS L ME N't Ar, CA - 2 702 S
METZ TEMPORARY CONSTRUCTION EASEMENT
SURVEYING INC CITY OF DOMEY, COUNTY OF -3,- C(,
LOS ANGELES. CALIFORMA K 0 Y r° V
D-4
CERTIFICATE OF ACCEPTANCE
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.
Dated: By:
Maria Alicia Duarte CMC
Its: City Clerk
D-5
ATTACHMENT "E"
SIGN REMOVAL AND REPLACEMENT PROPOSAL
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