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RESOLUTION NO. 2026-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TORRANCE, CALIFORNIA, AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO GRANT OF EASEMENT TO
TORRANCE BLACK BEAUTY, LLC FOR DRIVE-WAY
APRON AND ANCILIARY IMPROVEMENTS FOR A
PORTION OF CITY-OWNED PROPERTY LOCATED AT
DEL AMO BOULEVARD AND MAPLE AVENUE
(APN: 7352-015-900).
WHEREAS, the City of Torrance, California ("City"), is the fee owner of certain vacant property situated in the City of Torrance, ·County of Los Angeles, State of California, identified as Assessor's Parcel Number ("APN") 7352-015-900 ("Parcel A"); and I
WHEREAS, Torrance Black Beauty, LLC ("TBB") is the fee owner of certain properties, located immediately adjacent to Parcel A, situated in the City of Torrance, County of Los Angeles, State of California, identified as APN 7352-015-004 ("Parcel B"), 7352-015-005 ("Parcel C") and 7352- 015-006 ("Parcel D"); and
WHEREAS, the City and TBB have negotiated a Grant of Easement that allows TBB to utilize a portion of Parcel A,. to allow for the construction and maintenance of a commercial radius driveway and any ancillary improvements, provided that no load-bearing structures or buildings shall be permitted within the easement area; and
WHEREAS, the City Council finds that granting this easement is in the best interest of the City, as it facilitates compatible commercial development and ensures the orderly use of adjacent land while generating appropriate consideration for the City; and WHEREAS, the proposed Grant of Easement is categorically exempted from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15303 (New Construction or Conversion of Small Structures) and 15304 (Minor Alterations to Land) of the CEQA Guidelines (Existing Facilities), as the project involves negligible environmental impact and consist of minor improvements to the property.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TORRANCE HEREBY FINDS AND DETERMINES AS FOLLOWS:
1. The City Council finds and declares that the foregoing recitals are true and correct, and incorporated in~o. this Resolution as if fully set forth herein.
2. The City Council hereby approves the Grant of Easement between the City of Torrance and Torrance Black Beauty,· LLC to allow for the construction of a commercial radius drivewa0and ancillary improvements within the City-owned vacant property (APN: 7352- 015-900j as att<1ched as Exhi8Jt}., substantially in the form presented to the City Council, together~with any_ non-substantiy_e or minor modifications approved by the City Manager or the C]ty lv1<)nager's designee, in consultation with the City Attorney. ' -
3. The Mayor is hereby authorized and directed to execute , and the City Clerk to attest, the Grant of Easement and any related documents necessary to effectuate the conveyance of said easement interest.
4. The City Council finds the Grant of Easement is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Sections 15303 and 15304, and directs staff to file any necessary notices in accordance with CEQA.
5. This Resolution shall take effect immediately upon its adoption.
INTRODUCED, APPROVED, and ADOPTED this 7th day of April 2026. eorge K. Chen
APPROVED AS TO FORM:
PATRICK . SULLIVAN , City Attorney ATTEST:
Exhibit A-Grant of Easement (Torrance Black Beauty, LLC) TORRANCE CITY COUNCIL RESOLUTION NO. 2026-30
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF TORRANCE
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ss
I, Rebecca Poirier, City Clerk of the City of Torrance , California, do hereby certify that the foregoing resolution was duly introduced , approved , and adopted by the City Council of the City of Torrance at a regular meeting of said Council held on the 7th day of April 2026 by the following roll call vote :
AYES :
NOES:
ABSTAIN :
ABSENT:
COUNCILMEMBERS
COUNCILMEMBERS
COUNCILMEMBERS
COUNCILMEMBERS
Gerson , Kaji,
Mayor Chen.
None.
None.
None.
Kalani , Lewis, Mattucci, Sheikh , and
cca Poirier, MMC
City Clerk of the City of T o rr~rnce
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RECORDING REQUESTED BY AND MAIL ORIGINAL TO:
Rebecca Poirier, City Clerk
CITY OF TORRANCE
3031 Torrance Boulevard
Torrance, CA 90503
COPY TO:
Torrance Black Beauty, LLC
60 Slate Street, Suite 2200
Boston, MA 02109
EASEMENT AGREEMENT WITH COVENANTS.
CONDITIONS. AND RESTRICTIONS
Exhibit A
THIS EASEMENT AGREEMENT WITH COVENANTS. CONDITIONS, AND RESTRICTIONS (the "Agreement") is made and entered into this 3"' day of March 2026 by and between the City ofTorrance, a Municipal Corporation (the "City") and Torrance Black Beauty. LLC, a Delaware Limited Liability Corporation (hereafter as 'TBB"). The City and Torrance Black Beauty, LLC are sometimes hereinafter referred to individually as a "Party" or "Owner" and collectively as the "Parties" or "Owners."
RECITALS
A. The City is the Owner of that certain vacant real property situated in the City of Torrance, County of Los Angeles, State of California, being portions of APN numbers 7352-015-900 ("Parcel A"), and legally described as follows:
Parcel A:
TR=PART OF THE RANCHO SAN PEDRO ALLOT-SEE ASSESSOR MAPBOOK FOR MISSING PORTION ALLOT.
B. TBB is the Owner of that certain real property situated in the City ofTorrance, County of Los Angeles, State of California, being APN numbers 7352-015-004 (Parcel B) 7352-015-005 (Parcel C) and 7352-015-006 (Parcel D), legally described as follows:
Parcel B
APN: 7352-015-004
Parcel 1 of Parcel Map 6266, in the City ofTorrance, County of Los Angeles, State of California, as per map filed in Book 100, Pages 61-64 inclusive of parcel maps, in the County Recorder of said County.
Except therefrom those portions of said parcels 1,2 and 4 conveyed in that certain deed recorded January 10, 1980, as instrument No. 37518 of official records of said county.
Parcel C
APN: 7352-015-005
Parcel 2 of Parcel Map 6266, in the City of Torrance, County of Los Angeles, State of California, as per map filed in Book 100, Pages 61-64 inclusive of parcel maps, in the County Recorder of said County.
Except therefrom those portions of said parcels 1,2 and 4 conveyed in that certain deed recorded January 10, 1980, as instrument No. 37518 of official records of said county.
Parcel D
APN: 7352-015-006
Parcel 4 of Parcel Map 6266, in the City ofTorrance, County ofLos Angeles, State of California, as per map filed in Book 100, Pages 61-64 inclusive of parcel maps, in the County Recorder of said County.
Except therefrom those portions of said parcels 1,2 and 4 conveyed in that certain deed recorded January 10, 1980, as instrument No. 37518 of official records of said county.
C. In consideration of the grant of proprietary permission by the City to encroach into Parcel A, TBB enter into this Agreement with the City, to allow the construction of a commercial radius driveway and any ancillary improvements that may be contemplated in the Easement Area defined below. No load bearing improvemenls or buildings are permitted within the Easement Area, as that term is defined herein.
Torrance Black Beauty, LLC-EasementAgreement
D. The City and TBB desire to impose an exclusive encroachment easement upon Parcel A for the benefit of Parcel B, C, and D to establish certain covenants, conditions, and restrictions with respect to said Parcels, for the benefit and complement of Parcel B, C and D and the present and future Owners and occupants of Parcel B, C and D, on the terms and conditions and throughout the term hereinafter set forth.
NOW, THEREFORE, in consideration of the above premises and of the covenants herein contained, and other good and valuable consideration, receipt of which is hereby acknowledged, the Owners do hereby declare that the Parcels and all present and future Owners and occupants of the Parcels shall be and hereby are subject to the terms, covenants, easements, restrictions, and conditions hereinafter set forth in this Agreement, so that said Parcels shall be maintained, kept, sold and used in full compliance with and subject to this Agreement throughout the term hereof and, in connection therewith, the Owners covenant and agree as follows:
AGREEMENT
1. Definitions. Far purposes hereof:
(a) The term "Access Easement" and "Easement Area" shall mean that exclusive access easement upon Parcel A for the benefit of Parcels B and C and legally described in Exhibit "A", which is attached hereto and by reference made a part hereof.
(b) The term "Exhibit Map" shall mean that map that depicts the Easement Area over the Parcel and attached hereto as Exhibit "B" and by reference made a part hereof.
(c) The term "Owner'' or "Owners" shall mean the City (as to Parcel A) and TBB (as to Parcels B, C and D) and any and all of their successors or assigns as the owner or owners of fee simple title to all or any portion of the real property covered hereby, whether by sale, assignment, inheritance, operation of law, trustee's sale, foreclosure, or otherwise, but not including the holder of any currently existing lien or encumbrance on such real property. (d) The term "Parcel" or "Parcels" shall mean each separately identified parcel of real property now constituting Parcel A, Parcel B, Parcel C and Parcel D.
(e) The term "Permittees" shall mean the tenant(s) or occupant(s) of a Parcel, and the respective employees, agents, contractors, invitees, and licensees of (i) the Owner of such Parcel, and/or (ii) such tenant(s) or occupant(s).
2. Access Easement.
2.1 Grant of Access Easement. Subject to any express conditions, limitations, or reservations contained herein, the Owners of Parcel A hereby grant, establish, covenant and agree that Parcels B, C and D shall be benefited by the following exclusive easement which is hereby imposed upon Parcels A and all present and future Owners and Permittees of Parcel A throughout the term hereof:
An access easement for the purpose of allowing TBB to occupy the Easement Area with those portions of the structures presently situated thereon, and to enable TBB to repair and maintain the Easement Area existing improvements and future permitted structures thereon in good, clean, and safe condition. As such, The City grants an easement to the TBB over and across Parcel A, as legally described on Exhibit "A", and shown the Exhibit Map described in Exhibit "B".
2.2 Indemnification. With respect to any liability, including claims asserted, demands, causes of action, administrative action, costs, expenses, losses, attorney fees, damages, expenses, or payments that the City may sustain or incur in any manner ("Claims"), including all Claims for damages or injuries, including but not limited to those to any person or property, arising from, related to, or resulting from entering into this Agreement or the construction, maintenance, state of use, repair or presence of the Easement Area, TBB agree to fully defend, indemnify, protect and hold harmless the City, its agents, officers, and employees from and against any and all liability with counsel of the City's choosing.
3. Maintenance of Easement Area.
3.1. Maintenance of Easement Area. The Easement Area shall be maintained in a safe and sanitary condition at the sole cost, risk, and responsibility of TBB and their successors in interest. TBB and successors shall obtain insurance coverage for the Easement Area naming the City of Torrance as an additional insured.
3.2 Easement Area. Description. The Easement Area (approximately 2,938 sf.) entirely constitutes a portion of Parcel A for the sole purpose of providing a 150-foot wide driveway apron and ancillary improvements onto Parcels B, C and D 2 Torrance Black Beauty, LLC-Easement Agreement
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from Del Amo Boulevard. Any destruction of the proposed driveway apron and ancillary improvements will not terminate this Agreement so long as the TBB and their successors continue to repair and maintain any structures erected in the Easement Area in good, clean, and safe condition.
4. No Rights in Public; No Implied Easements. Nothing contained herein shall be construed as creating any rights in the general public or as dedicating for public use any portion of Parcel A, Parcel B, Parcel C or Parcel D. No easements, except those expressly set forth in Section 2, shall be implied by this Agreement.
5. Remedies and Enforcement.
5.1 All Legal and Eguitable Remedies Available. In the event of a breach or threatened breach by any Owner or its Permittees of any of the terms, covenants, restrictions or conditions hereof, the other Owner(s) shall be entitled forthwith to full and adequate relief by injunction and/or all such other available legal and equitable remedies from the consequences of such breach, including payment of any amounts due and/or specific performance.
5.2 Remedies Cumulative. The remedies specified herein shall be cumulative and in addition to all other remedies permitted at law or in equity.
5.3 No Termination For Breach. Notwithstanding the foregoing to the contrary, no breach hereunder shall entitle any Owner to cancel, rescind, or otherwise terminate this Agreement. No breach hereunder shall defeat or render invalid the lien of any mortgage or deed of trust upon any Parcel made in good faith for value, but the easements, covenants, conditions and restrictions hereof shall be binding upon and effective against any Owner of such Parcel covered hereby whose title thereto is acquired by foreclosure, trustee's sale, or otherwise.
5.4 Irreparable Harm. In the event of a violation or threat thereof of any of the provisions of Section 2 of this Agreement, each Owner agrees that such violation or threat thereof shall cause the non-defaulting Owner and/or its Permittees to suffer irreparable harm and such non-defaulting Owner and its Permittees shall have no adequate remedy at law. As a result, in the event of a violation or threat thereof of any of the provisions of Section 2 of this Agreement, the non-defaulting Owner and its Permittees, in addition to all remedies available at law or otherwise under this Agreement, shall be entitled to injunctive or other equitable relief to enjoin a violation or threat thereof of Section 2 of this Agreement.
6. Term. The easements, covenants, conditions and restrictions contained in this Agreement shall be effective commencing on the date of recordation of this Agreement in the office of the Los Angeles County Recorder and shall remain in full force and effect thereafter until such time as the existing Oldenburg Residence is demolished or remodeled to the extent that applicable laws would require that such Encroachment Easement be removed. At that time this Agreement will automatically terminate and be of no further force and effect, unless this Agreement is modified, amended, canceled or terminated by the written consent of all then record Owners of Parcel A, Parcel B, Parcel C and Parcel D in accordance with Section 7.2 hereof. At the request of either the Owner of Parcel A, Parcel B, C or D, all Owners agree to execute a document in recordable form to memorialize the termination hereof.
7. Miscellaneous.
7.1 Attorneys' Fees. In the event a party institutes any legal action or proceeding for the enforcement of any right or obligation herein contained, the prevailing party after a final adjudication shall be entitled to recover its costs and reasonable attorneys' fees incurred in the preparation and prosecution of such action or proceeding.
7.2 Amendment. The Owners agree that the provisions of this Agreement may be modified or amended, in whole or in part, or terminated, only by the written consent of all record Owners of Parcel A, Parcel B, Parcel C and Parcel D evidenced by a document that has been fully executed and acknowledged by all such record Owners and recorded in the official records of the County Recorder of Los Angeles County, California.
7.3 No Waiver. No waiver of any default of any obligation by any party hereto shall be implied from any omission by the other party to take any action with respect to such default.
7.4 No Agency. Nothing in this Agreement shall be deemed or construed by either party or by any third person to create the relationship of principal and agent or of limited or general partners or of joint venturers or of any other association between the parties.
7 .5 Covenants to Run with Land. It is intended that each of the easements, covenants, conditions, restrictions, rights and obligations set forth herein shall run with the land and create equitable servitudes in favor of the real property benefited thereby, shall bind every person having any fee, leasehold or other interest therein and shall inure to the benefit of the respective parties and their successors, assigns, heirs, and personal representatives. 3 Torrance Black Beauty, LLC-Easement Agreement
7.6 Separability. Each provision of this Agreement and the application thereof to Parcel A, Parcel B, Parcel C and Parcel Dare hereby declared to be independent of and severable from the remainder of this Agreement. If any provision contained herein shall be held to be invalid or to be unenforceable or not to run with the land, such holding shall not affect the validity or enforceability of the remainder of this Agreement. In the event the validity or enforceability of any provision of this Agreement is held to be dependent upon the existence of a specific legal description, the parties agree to promptly cause such legal description to be prepared. Ownership of all Parcels by the same person or entity shall not terminate this Agreement nor in any manner affect or impair the validity or enforceability of this Agreement.
7. 7 Time of Essence. Time is of the essence of this Agreement.
7.8 Entire Agreement. This Agreement contains the complete understanding and agreement of the parties hereto with respect to all matters referred to herein, and all prior representations, negotiations, and understandings are superseded hereby.
7.9 Authority. Each person executing this Agreement represents and warrants that he or she is duly authorized to execute and deliver this Agreement on his behalf or on behalf of the entity which he represents. Each person shall, within thirty (30) days after request, deliver to the other person satisfactory evidence of such authority.
7.10 Choice of Law: Venue. This Agreement shall be interpreted pursuant to the laws of the State of California. Any action to enforce or interpret the terms or· conditions of this Agreement shall be brought in the Superior Court in Los Angeles County. The Owners hereby waive any right to remove any such action from Los Angeles County as is otherwise permitted by California Civil Code of Procedure section 394.
IN WITNESS WHEREOF, The City and Torrance Black Beauty, LLC have executed this Agreement as of the date first written above.
CITY OF TORRANCE,
a municipal corporation
George K. Chen
Mayor
ATTEST:
Rebecca Poirier, MMC
City Clerk
APPROVED AS TO FORM:
PATRICK Q. SULLIVAN
City Attorney
By: T=a""'ti,...a""'s"t-ra_d,...e_r ________ _
Assistant City Attorney
Torrance Black Beauty, LLC-Easement Agreement
4 TORRANCE BLACK BEAUTY, LLC
a Delaware Limited Liability Company
By: Name: __________ _
Title:
By: Prologis, L.P.
a Maryland corporation
Its general partner
Name: ___________ _
Title: ___________ _
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the Identity of the imfJViduaJ who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ____________ ~
On ___________ beforeme, ________________ _
(insert name and title of the officer)
personally appeared~--~-~---~-~~---~----=~who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), 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 PENAL TY 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 ____________ _ (Seel)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the Identity of the Individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
valldltv of that document.
State of California
County of ___________ ~
On ___________ before me•-------~---~------
(insert name and title of the officer)
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 Stale of Cslifornia that the foregoing paragraph is true and correct
WITNESS my hand and official seal.
Signature ____________ _ (Seal)
5 Torrance Black Beauty, LLC-Easement Agreement
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5 Torrance Black Beauty, LLC-Easement Agreement
EXHIBIT "A"
LEGAL DESCRIPTION OF EASEMENT AREA
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6 Tommce Black Beauty, LLC-Easement Agreement
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6 Torrance Black Beauty, LLC-Easement Agreement
EXHIBIT"B"
DIAGRAM OF EASEMENT AREA
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7 t.docx
EXHIBIT"C"
LEGAL DESCRIPTION OF "PARCEL A" CITY PROPERTY FOR EASEMENT APN: 7532-015-900
PROPERTYADDRESS:UNADDRESSED
CURRENT PROPERTY OWNER: CITY OF TORRANCE
TR=PART OF THE RANCHO SAN PEDRO ALLOT-SEE ASSESSOR MAPBOOK FOR MISSING PORTION ALLOT. 8 I
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EXHIBIT"D"
LEGAL DESCRIPTION OF BENEFITTED PROPERTY "PARCEL B C and D" FOR EASEMENT PARCELS:
APN: 7352-015-004
Property Address: UNADDRESSED
Current Property Owner: TORRANCE BLACK BEAUTY, LLC
Parcel 1 of Parcel Map 6266, in the City of Torrance, County of Los Angeles, State of California, as per map filed in Book 100, Pages 61-64 inclusive of parcel maps, in the County Recorder of said County.
Except therefrom those portions of said parcels 1,2 and 4 conveyed in that certain deed recorded January 10, 1980, as instrument No. 37518 of official records of said county.
PARCELC:
APN: 7352-015-005
Property Address: UNADDRESSED
Current Property Owner: TORRANCE BLACK BEAUTY, LLC
Parcel 2 of Parcel Map 6266, in the City of Torrance, County of Los Angeles, State of California, as per map filed in Book 100, Pages 61-64 inclusive of parcel maps, in the County Recorder of said County.
Except therefrom those portions of said parcels 1,2 and 4 conveyed in that certain deed recorded January 10, 1980, as instrument No. 37518 of official records of said county.
PARCELD:
APN: 7352-015-006
Property Address: UNADDRESSED
Current Property Owner: TORRANCE BLACK BEAUTY, LLC
Parcel 4 of Parcel Map 6266, in the City of Torrance, County of Los Angeles, State of California, as per map filed in Book 100, Pages 61-64 inclusive of parcel maps, in the County Recorder of said County.
Except therefrom those portions of said parcels 1,2 and 4 conveyed in that certain deed recorded January 10, 1980, as instrument No. 37518 of official records of said county. 9 Torrance Black Beauty, LLC-Easement Agreement