Subject: Authorizes Sale of Excess Property Located Near LADWP's Hollywood Reservoir

Transcription

1 ANTONO R. VLLARAGOSA Mayor Commission THOMAS S. SAYLES, Pre.~ident ERC HOLDMAN, Vice-President CHRSTNA E. NOONAN JONATHAN PARFREY BARBARA E. MOSCHOS, Secretmy RONALD 0. NCHOLS General Manager Aprilll, 2011 The Honorable City Council City of Los Angeles Room 395, City Hall Los Angeles, California Honorable Members: Subject: Authorizes Sale of Excess Property Located Near LADWP's Hollywood Reservoir.Pursuant to Charter Section 675(d)(2) enclosed for approval by your Honorable Body is Resolution No , adopted by the Board of Water and Power Commissioners (Board) on AprilS, 2011, approved as to form and legality by the City Attorney, which authorizes execution of Grant, Bargain, Sale Deeds for the sale of excess property to seven property owners neighboring the LADWP's Hollywood Reservoir Property to dispose of excess fill in connection with the Hollywood Water Quality mprovement Project for a total amount of$91,914. As directed by the Board, transmitted to you are supporting documents. f there are any questions regarding this item, please contact Ms. Winifred Yancy, Director of Local Government and Community Relations, at (213) Sincerely, Barbara E. Moschos Board Secretary BEM:oja Enclosures: LADWP Resolution Board Letter CAO Report Grant, Bargain, Sale Deeds (7) 11 t North Hope Street, Los Angeles, California Mailing address: Box 51111, Los Angeles Telephone:. (213) Cable address: DEWAPOLA i7q: Recydable and made from JOC)'ded waste. ~ 9

2 c/enc: Mayor Antonio Villaraigosa Councilmember Jan C. Perry, Chair, Energy and the Environment Committee Mr. Gerry F. Miller, Chief Legislative Analyst Mr. Miguel A. Santana, City Administrative Officer Mr. Rafael Prieto, Legislative Analyst, CLA Mr. William R. Koenig, Chief Administrative Analyst Ms. Winifred Yancy

3 (RJW Nos , , , , , , and ) (Hollywood Reservoir) (Sale of Excess Property in Connection With the Hollywood Water Quality mprovement Project) RESOLUTON NO. (} WHEREAS, Resolution No adopted by the Board on February 7, 2006 provided for the sale of excess real property for and in consideration of the total sum of $204, BE T RESOLVED, Resolution No. 006c129 adopted by the Board on February 7, 2006 provided for the sale of excess real property for and in consideration of the total sum of $204, is hereby rescinded. BE T FURTHER RESOLVED that the six property's owners, Gerald B. lba and FrankS. Tenorio, Cristina L. Rose Fitz-Randolph and Scott Fitz-Randolph, Stephane Vachon and William J. Rouse, Gordon Hunt and Jane E. Hunt, Carl J. and Judith L. Cohen, and Gerald B. Baker and John Provasoli, who have all submitted written offers to purchase, be granted, for and in consideration of the total sum of $91,914 all that certain excess real property owned by the City of Los Angeles and under the management and control of the Department of Water and Power in the City of Los Angeles, County of State of California, described as: PARCELA1- RJW No ; Drawing No. B Revision No.1 (Gerald B. lba and FrankS. Tenorio) That portion of Parcel A of Parcel Map L.A. NO. 3461, in the City of Los Angeles, County of Los Angeles, State of California, as per map recorded in Book 116, Page 38 to 44 inclusive, of Parcel Maps, in the office of said County Recorder, bounded and described as follows: Beginning at the southeasterly terminus of the northeasterly line of Lot 1, having a bearing and distance of North 43 20' 05" West, feet, of Tract No , in said City, County and State, as per map recorded in Book 230, Pages 26 and 27, of Maps, of said County Recorder's Office, for the purpose of this legal description, said bearing of North 43 20' 05" West shall be North 42 56' 22" West; thence leaving said northeasterly line North 46 12' 35" East, feet to the beginning of a curve concave westerly having a radius of feet, a radial line to said point bears North 65 35' 44" East; thence northwesterly along said curve through a central angle of 15 00' 37", and an arc distance of feet; thence North 39 24' 53" West, feet to the beginning of a curve concave northeasterly having a radius of feet; thence northwesterly along said curve through a central angle of 24 44' 47", and an arc distance of feet; thence South 74o 57' 18" West, feet to the beginning of a non-tangent curve concave easterly having a radius of feet, a radial line to said point bears South 75o 49' 36" West; thence southeasterly along said curve through a central angle of 25 32' 30", and an arc distance of feet; thence South 39 42' 54" East, feet to the beginning of a curve concave to the northwest having a radius of feet; thence southwesterly along said curve. through a central angle of 86 46' 21", and an arc distance of feet;

4 thence South 47" 03' 27'' West, feet to said northeasterly line of Lot 1, thence along said northeasterly line South 42" 56' 22" East, feet to said southeasterly terminus of the northeasterly line of Lot 1, said northeasterly line of Lot 1 to be coincident with the westerly line of said Parcel A having a bearing and distance of South 42" 55' 49" East, feet as shown in said Parcel Map L.A. No The above-described Parcel A 1 contains an area of approxim ately 4, square feet. PARCEL A2- RW No ; Drawing No. B5107-1, Revision No.2 (Gerald B. lba and FrankS. Tenorio) That portion of Parcel A of Parcel Map L.A. NO. 3461, in the City of Los Angeles, County of Los Angeles, State of California, as per map recorded in Book 116, Pages 38 to 44, inclusive, of Parcel Maps, in the office of said County Recorder, bounded and described as follows: Beginning at the southeasterly terminus of the northeasterly line of Lot 1, having a bearing and distance of North 43" 20' 05" West, feet, of Tract No , in said City, County and State, as per map recorded in Book 230, Pages 26 and 27, of Maps, of said County Recorder's Office, said Point of Beginning also being a survey monument marked "2".P.", as shown on said Tract No , for the purpose of this legal description, said bearing North 43" 20' 05" West shall be North 42' 56' 22" West, thence along said northeasterly line North 42' 56' 22" West, feet to the True Point of Beginning, said True Point of Beginning being a 2" ron Pipe with 1 Y:z" Aluminum Disk stamped "DWP L.S. 7150" & PK to be set; thence leaving said northeasterly line North 47' 03' 27" East, feet to a 2" ron Pipe with 1 W' Aluminum Disk stamped "DWP L.S. 7150" & PK to be set and the beginning of a curve concave westerly having a radius of feet; thence northeasterly and northerly along said curve through a central angle of 86' 46' 21 ", an arc distance of feet to a 2" ron Pipe with 1 Y:z" Aluminum Disk stamped "DWP L.S. 7150" & PK to be set; thence North 39' 42' 54" West, feet to a 2" ron Pipe with 1W' Aluminum Disk stamped "DWP L.S. 7150" & PK to be set and the beginning of a curve concave northeasterly having a radius of feet; thence northwesterly and northerly along said curve through a central angle of 25' 32' 30", and an arc distance of feet to a 2" ron Pipe with 1Y:z" Aluminum Disk stamped "DWP L.S. 7150" & PK to be set; thence South 74' 57' 18" West, feet to a 2" ron Pipe with 1Y:z" Aluminum Disk stamped "DWP L.S. 7150" & PK to be set; thence South 64' 40' 26" West, feet to a 2" ron Pipe with 1Y:z" Aluminum Disk stamped "DWP L.S. 7150" & PK to be set, said point lying on a non-tangent curve concave easterly having a radius of feet, a radial line through said point bears South 51' 02' 31" West, said curve also being the northeasterly line of said Lot 1; thence along said northeasterly line and said curve through a central angle of 03' 59' 04", and an aro distance of feet; thence continuing along said northeasterly line South 42' 56' 22" East, feet to said True Point of Beginning. The above-described Parcel A2 contains an area of approximately 7, square feet. -2- RfW to

5 PARCEL C- RJW No ; Drawing No. B5107-2, Revision No.2 (Cristina L. Rose Fitz-Randolph and Scott Fitz-Randolph) That portion of Parcel A of Parcel Map L.A. NO. 3461, in the City of Los Angeles, County of Los Angeles, State of California, as per map recorded in Book 116, Pages 38 to 44, inclusive, of Parcel Maps, in the office of said County Recorder, bounded and described as follows: Beginning at the southerly terminus of the easterly line of Lot 2, having a bearing and distance of North 11" 48' 23" West, feet, of Tract No , in said City, County and State, as per map recorded in Book 230, Pages 26 and 27, of Maps, of said County Recorder's Office, said Point of Beginning also being a survey monument marked "2".P.", as shown on said Tract No , for the purpose of this legal description, said easterly line having a bearing North 11" 48' 23" West shall be North 11" 24' 47" West; thence along said easterly line North 11" 24' 47" West, feet; thence leaving said easterly line North 78" 33' 1 0" East, feet to a 2" ron Pipe with 1 Yz" Aluminum Disk stamped "DWP L.S. 7150" & PK to be set; thence South 17" 55' 55" East, 5.72 feet to a 2" ron Pipe with 1Yz" Aluminum Disk stamped "DWP L.S. 7150" & PK to be set; thence South 02" 17' 06" West, feet to a 2" ron Pipe with 1 Yz" Aluminum Disk stamped "DWP L.S. 7150" & PK to be set, said point also being the beginning of a curve concave southeasterly having a radius of feet; thence southerly along said curve through a central angle of 16" 57'12", and an arc distance of feet to a 2" ron Pipe with 1 Yz" Aluminum Disk stamped "DWP L.S. 7150" & PK to be set; thence leaving said curve South 7 4" 57' 18" West, feet to a 2" ron Pipe with 1Yz" Aluminum Disk stamped "DWP L.S. 7150" & PK to be set; thence South 64" 40' 26" West, feet to a 2" ron Pipe with 1 Yz" Aluminum Disk stamped "DWP L.S. 7150" & PK to be set, said point lying on a non-tangent curve concave easterly having a radius of feet, a radial line through said point bears South 51" 02' 31" West, said curve also being the northeasterly line of Lot 1, of said Tract No ; thence northerly along said curve and said northeasterly line through a central angle of 06" 45' 31 ", and an arc distance of feet to the most northerly corner of said Lot 1, said point also being the southwesterly terminus of the southeasterly line of said Lot 2 having a bearing and distance of North 57" 24' 30" East, feet, as shown on said Tract No , for the purpose of this legal description, said southeasterly line having a bearing of North 57" 24' 30" East shall be North 57" 48' 12" East; thence along said southeasterly line North 57" 48' 12" East, feet to said Point of Beginning. The above-described Parcel C contains an area of approximately 5, square feet. PARCEL D- RJW No ; Drawing No. B5107-3, Revision No.1 (Stephane Vachon and William J. Rouse) That portion of Parcel A of Parcel Map L.A. NO. 3461, in the City of Los Angeles, County of Los Angeles, State of California, as per map recorded in Book 116, Pages 38 to 44, inclusive, of Parcel Maps, in the office of said County Recorder, bounded and described as follows: R/W to

6 Beginning at the southerly terminus of the easterly line of Lot 2, having a bearing and distance of North 11" 48' 23" West, feet, of Tract No , in said City, County and State, as per map recorded in Book 230, Pages 26 and 27, of Maps, of said County Recorder's Office, said Point of Beginning also being a survey monument marked "2" J.P.", as shown on said Tract No , for the purpose of this legal description, said easterly line having a bearing of North 11" 48' 23" West shall be North 11" 24' 47" West; thence along said easterly line North 11" 24' 47" West, feet to the True Point of Beginning; thence leaving said easterly line North 78" 33' 1 0" East, feet to a 2" ron Pipe with 1 Y." Aluminum Disk stamped "DWP L.S. 7150" & PK to be set; thence North 17" 55' 53" West, feet to a 2" ron Pipe with 1Y." Aluminum Disk stamped "DWP L.S. 7150" & PK to be set; thence South 87" 03' 27" West, feet to said easterly line and the northeasterly corner of said Lot 2; thence along said easterly line South 11" 24' 47" East, feet to said True Point of Beginning. The above-described Parcel D contains an area of approximately 3, square feet. PARCEL E- RJW No ; Drawing No. B5107-4, Revision No. 1 (Gordon Hunt and Jane E. Hunt) That portion of Parcel A of Parcel Map L.A. NO. 3461, in the City of Los Angeles, County of Los Angeles, State of California, as per map recorded in Book 116, Pages 38 to 44, inclusive, of Parcel Maps, in the office of said County Recorder, bounded and described as follows: Beginning at the southwesterly terminus of the easterly line of Lot 3, having a bearing and distance of North 25" 14' 27" East, feet, of Tract No , in said City, County and State, as per map recorded in Book 230, Pages 26 and 27, of Maps, of said County Recorder's Office, said Point of Beginning also being a survey monument marked "2" J.P.", as shown on said Tract No , for the purpose of this legal description, said easterly line having a bearing of North 25" 14' 27" East shall be North 25" 37' 59" East; thence along said easterly line North 25" 37' 59" East, feet to the northeasterly corner of said Lot 3, thence leaving said easterly line South 52" 56' 33" East, feet to a 2" ron Pipe with 1 W' Aluminum Disk stamped "DWP L.S. 7150" & PK to be set; thence South 17" 55' 53" East, feet to another 2" ron Pipe with 1Yz" Aluminum Disk stamped "DWP L.S. 7150" & PK to be set; thence South 87" 03' 27" West, feet to said Point of Beginning. The above-described Parcel E contains an area of approximately 1, square feet. PARCEL F- R/W No ; Drawing No. B5107-5, Revision No.1 (Carl J. and Judith L. Cohen) That portion of Parcel A of Parcel Map L.A. NO. 3461, in the City of Los Angeles, County of Los Angeles, State of California, as per map recorded RW to

7 in Book 116, Pages 38 to 44, inclusive, of Parcel Maps, in the office of said County Recorder, bounded and described as follows: Beginning at the southerly corner and the southwesterly terminus of the easterly line of Lot 4, having a bearing and distance of North 25" 14' 27" East, feet, of Tract No , in said City, County and State, as per map recorded in Book 230, Pages 26 and 27, of Maps, of said County Recorder's Office, for the purpose of this legal description, said easterly line having a bearing of North 25 14' 27" East shall be North 25 37' 59" East; thence along said easterly line North 25 37' 59" East, feet to the southwesterly corner of Lot 7, of said Tract No , said southwesterly corner also being a survey monument marked "2".P.", as shown on said Tract No ; thence leaving said easterly line South 52 56' 33" East, feet to a 2" ron Pipe with 1Yz" Aluminum Disk stamped "DWP l.s. 7150" & PK to be set; thence South 17" 55' 53" East, feet to another 2" ron Pipe with 1 Yz" Aluminum Disk stamped "DWP L.S. 7150" & PK to be set; thence North 52" 56' 33" West, feet to said Point of Beginning. The above-described Parcel F contains an area of approximately 1, square feet. PARCEL G- RfW No ; Drawing No. B5107-6, Revision No. 1 (Gerald B. Baker and John Provasoli) That portion of Parcel A of Parcel Map L.A. NO. 3461, in the City of Los Angeles, County of Los Angeles, State of California, as per map recorded in Book 116, Pages 38 to 44, inclusive, of Parcel Maps, in the office of said County Recorder, bounded and described as follows: Beginning at the westerly terminus of the southerly line of Lot 7, having a bearing and distance of North 87" 14' 00" West, feet, of Tract No , in said City, County and State, as per map recorder in Book 230, Pages 26 and 27, of Maps, of said County Recorder's Office, said Point of Beginning also being a survey monument marked "2".P.", as shown on said Tract No , for the purpose of this legal description, said southerly line having a bearing of North 87" 14' 00" West shall be North 86" 50' 28" West, thence along said southerly line South 86" 50' 28" East, feet to the southeasterly corner of Lot 7, of said Tract No , said southeasterly corner also being a survey monument marked "2".P.", as shown on said Tract No ; thence leaving said southerly line South 89" 47' 29" West, feet to a 2" ron Pipe with 1 W' Aluminum Disk stamped "DWP LS 7150" & PK to be set; thence North 52" 56' 33" West, feet to said Point of Beginning. The above-described Parcel G contains an area of approximately.1, square feet. SUBJECT TO the following terms and conditions: a. RESERVNG to the City of Los Angeles all water and water rights appurtenant, whether surface or subsurface, and also reserving all oil, RW to

8 gas, petroleum, or other mineral or hydrocarbon substances without the right to enter upon the surface of said land for such use. b. Liens for taxes and assessments then current and unpaid, if any, and to all easements, rights of way, encroachments, covenants, conditions, restrictions, reservations, and to all other matters of record. c. Any rights of way or encroachments which may be apparent during a visual inspection of subject properties. d. Policies of title insurance, if desired by the purchasers, shall be obtained by and at the expense of the purchasers. e. These properties are being sold "as is" without warranty or guarantee, either expressed or implied, as to zoning requirements, the ground location of property lines, the existence of encroachments, if any, or the condition of the properties. f. The Department restricts the Grantee and their successors in interest, from constructing any permanent or inhabitable structures on the property herein conveyed and further limits the future use of the property to private residential roads and walkways, landscaping, private yards, open spaces or similar uses, forever. Fences and or walls are further restricted to comply with Los Angeles Municipal Code Chapter 1 General Provisions and Zoning Section c.20. (f)(1 ), (2). g. Possession of the properties shall not be given prior to close of escrow. 3. nstruments in writing, approved as to form and legality by the City Attorney, conveying said sale of excess properties is authorized, and the President or Vice President of the Board, or the General Manager of the Department, or such person as the General Manager shall designate in writing, and the Secretary, Assistant Secretary or the Acting Secretary of the Board be and they are authorized and directed to execute said instrument on behalf of the Department. 4. The City Council is requested to authorize and direct the execution of said instruments as provided in Section 675(d)(2) of the City Charter. HEREBY CERTFY that the foregoing is a full, true, and correct copy of a Resolution adopted by the Boarctof Water and Power Commissioners of the City of Los Angeles at its meeting held APR 0!:l DESCRPTON APPROVED CHEF OF SURVEYS & RGHT OF WAY CTY OF LOS ANGELES DEPARTMENT OF WATER AND POWER R\N to

9 LOS ANGELES DEPARTMENT OF WATER AND POWER (LADWP) BOARD APPROVAL LETTER TO: BOARD OF WATER AND POWER COMMSSONERS DATE: February 28, 2011 SUBJECT: l'l.~il-w.dk._ i ~ CECLA K.T. WELDON Chief Administrative Officer /2 & /Jilt{_; v JAMES B. McDANEl RESOLUTON Senior Assistant General Manager - Water System L-R_oNALD 0. NCHOLS General Manager Sale of Excess Property in Connection with the Hollywood Water Quality mprovement Project CReal Estate File ) FOR COMMSSON OFFCE USE: NO. CTY COUNCL APPROVAL REQURED: Yes [gj No 0 F YES, BY WHCH CTY CHARTER SECTON: 675(d){2) PURPOSE The attached Resolution recommends to the Los Angeles City Council the authorization of the sale of seven parcels of land, declared surplus by the Los Angeles Department of Water and Power (LADWP), to neighboring homeowners. COST AND DURATON One-time payment to LADWP in the amount of $91,914. BACKGROUND n August 2001, LADWP and six neighboring residential property owners (homeowners) located next to LADWP's Hollywood Reservoir property, in conjunction with LADWP's Hollywood Water Quality mprovement Project (Project), reached a formal agreement through a Covenant and Agreement (Agreement), approved by the Board of Water and Power Commissioners under Resolution Nos and (Exhibits A and B) and recorded. That Agreement required LADWP to sell the subject properties to the owner of record or their successor-in-interest. An appraisal would determine the fair market value. The six homeowners agreed to accept, from LADWP, the permanent

10 Board of Water and Power Commissioners Page2 February 28, 2011 transfer and deposit of excess earthen fill materials produced by the excavation of two underground storage tanks.. The Agreements were viewed as a benefit to LADWP, as LADWP would not have to haul the Project's excess fill offsite at considerable expense. The homeowners would gain additional level yard area as a result of the new fill placed on their properties, and be given the right to negotiate to acquire, at "Fair Market Value", additional level areas of LADWP-owned property directly adjoining their properties created by the earthen fill. A map of the entire area is attached as Exhibit C. By July 2002, the appraisal firm of Mason & Mason Real Estate Appraisers (Mason & Mason) had been commissioned and subsequently completed their appraisal of areas of LADWP-owned filled-in land which was offered for sale to the homeowners. Mason & Mason's appraisal valued the excess property at $3.60 per square foot (psf). There have been considerable delays since the Agreements were first entered into in Delays originated from several sources during the course of negotiations and the project activities. Subsequent to recording the Agreements, many questions arose over use and maintenance of the parcels by the homeowners. After resolving these issues, an additional parcel was added to the proposed conveyance and a second appraisal was requested by the City's Chief Administrative Officer (CAO). The appraisal was performed in May 2005 by the appraisal firm of CB Richard Ellis and indicated a current fair market value of the excess property of $8.00 psf. The matter was presented to the Board for approval on February 7, After discussion, Resolution (Exhibit D) was adopted as amended by motion and approved to reflect a selling price of $8.00 psf, rather than the originally agreed upon price of $3.60 psf. The homeowners, after consultations with the Water System Management and with the support of Councilman Tom LaBonge, are now requesting that your Honorable Board reconsider the previously approved $8.00 psf price and approve the Agreements at the originally negotiated price of $3.60 psf. The cost savings that LADWP has already realized as a result of the Agreements is approximately $500,000, as LADWP was relieved of the expense of transporting the excess earthen fill material off-site.

11 Board of Water and Power Commissioners Page 3 February 28, 2011 Transaction Summary: Area: Approximately 25,532 square feet Fiscal mpact: Total of $91,914 to be deposited into the Water Revenue Fund Council District: 4- CouncilmemberTom LaBonge Parcel No. Homeowner Area (sq. ft.) Sale Price A1 G. lba and Tenorio 4,915 $17,694 A2 G. lba and Tenorio 7,151 $25,743 c S. and C. Fitz-Randolph 5,650 $20,340 D S. Vachan and W. Rouse 3,097 $11,149 E G. and J. Hunt $6,966 F C. and J. Cohen 1,065 $3,834 G G. Baker and J. Provasoli 1,719 $6,188 Total $91,914 RECOMMENDATON t is requested that your Honorable Board rescind Resolution No and adopt the attached Resolution recommending the Los Angeles City Council's authorization for execution of the Grand, Bargain and Sale Deeds. Copies of the GAO Reports are attached. RJD:nv Attachments e-c/att: Ronald 0. Nichols Richard M. Brown Aram Benyamin James B. McDaniel Cecilia K.T. Weldon Lorraine A. Paskett Ann M. Santilli Gary E. Wong Reynan L. Ledesma Thomas E. Spence

12 fteal Estate EXHBT A 1))/111-/S RESOLUTON NO (Hollywood Water.Quality mprovement Project) BE T RESOLVED that these five (5) separate Covenant and Agreements, between the Department and: l. Vivienne Radkoff Wonder View Drive 2. Gordon and Jane Hunt Wonder View Drive 3. David Seide and Brenda Hansen Wonder View Drive 4. Gerald Baker and John Provasoli Wonder View Drive 5. Scott and Cristina Fitz-Randolph Wonder View Drive approved as to form and legality by the City Attorney and now on file with the Secretary of the Board, by which the Department acquires the permanent and irrevocable right to place and maintain excess dirt and earthen fill materials on five (5) parcels of privately owned property directly adjacent to the Hollywood Reservoir property, all upon the terms and conditions set forth in said Covenants and Agreements, be and the same is hereby approved; and BE T FURTHER RESOLVED that the General Manager of the Department, or the Manager of Real Estate of the Department are hereby authorized to execute said Covenants and Agreement for and on behalf of this Department. HEREBY CERTFY that the foregoing is a full, true, and correct copy of a resolution adopted by the Board of Water and Power Commissioners of the City of Los Angeles at its meeting held AUG 2 1 Z001 Secretary '

13 --r:.'f' EXh,diT B RESOLUTON NO. Q Q (Hollywood Water Quality mprovement Project) -1 WHEREAS construction activities associated with the Hollywood Water Quality mprovement Project generated significant amounts of environmentally safe excess excavated earth and the remote disposal of this material represented a significant potential expense to the rate payers; and WHEREAS five private homeowners agreed to allow the Department to permanently dispose of some of this material on their property for and in consideration of the right to negotiate to purchase additional areas of DWP-owned earthen fill property directly adjoining their properties; and WHEREAS the rights and obligations of the Department and the five homeowners were memorialized by separate Covenant and Agreement(s) and said Covenant and Agreement(s) were approved by the Board through Resolution ; and WHEREAS it is in the best interest of the Department that this right to negotiate to purchase a parcel of excess earthen fill property from the Department be extended to a sixth homeowner, whose property is located in the immediate vicinity of the other five homeowners, NOW, THEREFORE, BE T RESOLVED that the Covenant and Agreement approved as to form and legality by the City Attorney and now on file with the Board Secretary, between the Department and (the Badiyis) the owners of 3300 Wonder View Drive, be and the same is hereby approved upon the terms and conditions as set forth therein; and BE T FURTHER RESOLVED that one of the five existing Covenant and Agreements between the Department and the five private homeowners, specifically between the Department and Scott and Christina Fitz-Randolph, be amended to include an additiona14,915 square foot parcel of excess fill property that was not included in their existing agreement, provided that said amendment is approved as to form and legality by the City Attorney, BE T FURTHER RESOLVED that the President or Vice President of the Board, or the General Manager of the Department, or such person as the General Manager shall designate in writing, and the Secretary, Assistant Secretary or the Acting Secretary of the Board, be and they are hereby authorized and directed to execute said Covenant and Agreement, and said Amendment for and on behalf of the Department, subject to the requirement that any sale consummated and exercised of said Covenant and Agreement be approved by Ordinance of the City Council, pursuant to The Charter of the City of Los Angeles, Section 675. HEREBY CERTFY that the foregoing is a full, true, and correct copy of a resolution adopted by the Board of Water and Power Commissioners of the City of Los Angeles at its meeting held APPROVED AS m FORM AND LEGAUTY ROC!WD J. DaGADiil.O, CTY ATORNEY JUN 21 Z005

14 m RW NO. DWG. NO. PARCEL AREA X ::t PARCEL A2 7, SQ. FT. id PARCEL C SQ. FT. ::j PARCEL D SQ. FT. () PARCEL E SQ. FT PARCEL F SQ. FT PARCEL G 1, SQ. FT PARCEL A1 4, SQ. FT. TOTAL AREA 25, SQ. FT. v~ \ }-\/ 1 \_PROJECT LOCAllO\ B A BK 116/38-44 " ~ ~ ~ ""'""' MTll lffitjilji """""'"""' ~,,.,. ; ~~~. 1 1YU.:.J;- V ~--~~~ :..--\'-PARCEL E ~ARCEL D PM L.A. NO BK 116/ ,-PARCEL A1 A2 A ALL UMT UNE r--1 FLL AREA ON PROPERTY,. J TO BE GRANTED, ~""~ FLL AREA ON PRVATE ~~ OWNERSHP. VCNTY MAP SCALE: NONE f SCALE: 1..,1oo' RW NO. ',JQJ9 W.o..USFe:l CD 4 CFN J THOMAS GUDE: P58J, 0-7 CAilASTRAl. MAP NO, m ro aa1o1-1 WT ~~rt -r 1 :h ~--!''"- "'" '~ "-. DEPARTMENT OF WATER AND POWER EXHBT C 131~ ~U!'W!l. 1 WATER SERVCES ORGANZATON' CTY OF' LOS ANGELES ' J ECT

15 EXHBT D *ADOPTED AS 1\MENDED AT 2/7/06 BOARD :MEETNG. SEE ATTACHED VERBAL MOTON. (RW Nos , , , , , , and ) (Hollywood Reservoir) (Sale of Excess Property in Conneclion With the Hollywood Water Qualily mprovement Project) OO'f> tz 9 RESOLUTON NO. BE T RESOLVED: t. That the six property owners, Reza and Tanya Badiyi, Scott and Cristina L. * Frtz-Randolph, Stephane Vachan and William J. Rouse, Gordon and Jane E. Hunt. Cart J. and Judith L. Cohen, and Gerald Baker and John Provasili, who have all submitted/$ 2 0 4' 25 6 O C written offers to purchase, be granted, for and in consideration of the total sum of $91,915 all that certain excess real property owned by the City of Los Angeles and under the management and control of the Department of Water and Power in the City of Los Angeles, County of state of California, described as: PARCEL A1- R/W No ; Drawing No. B (Badiyi or Fitz-Randolph} That portion of Parcel A of Parcel Map LA No. 3461, in the Cily of Los Angeles, County of Los Angeles, State of California, as per map recorded in Book 116, Page 38 to A4 inclusive, of Parcel Maps, in the office of said County Recorder, bounded and descnbed as-follows: Beginning at the southeasterly. terminus of the northeasterly line of Lot 1, having a bearing and distance of North 43" 20' 05" West feet, of Tract No , in said City, County and State, as per map recorded in Book 230, Pages 26 and 27, of Maps, of said County Recorder's Office, for the purpose of this legal description, said bearing of North 43" 20' 05" West shall be North 42" 56' 22" West; thence leaving said northeasterly line North 46" 12' 35" East, feet to the beginning of a curve concave westerly having a radius of feet, a radial to said point bears North 65" 35' 44" East; thence northwesterly along said curve through a central angle of 15" 00' 37"; and an arc distance of feet; thence North 39" 24' 53" West, feet to the beginning of a curve concave northeasterly having a radius of feet; thence northwesterly along said curve through a central angle of 24" 44' 47", and an arc distance of 43.19feet; thence South 74" 5T 18" West, feet to the beginning of a non-tangent curve concave easterly having a radius of feet. a radial to said point bears South 75" 49' 36" West; thence southeasterly along said curve through a central angle of 25" 32' 30", and an arc distance of feet; thence South 39" 42' 54" East, feet to the beginning of a curve concave to the northwest having a radius of feet; thence southwesterly along said curve through a central angle of 86" 46' 21 ", and an arc distance of feet; thence South 47" 03' 27" West, feet to said northeasterly line of Lot 1, thence along said northeasterly line South 42" 56' 22" East, fuet to said southeasterly terminus o(the northeasterly lin.e of lot. 1, said northeasterly line of Lot 1 to be coincident with a westerly line of said Parcel A having a bearing and distance of South 42" 55' 49" East, feet as shown in said Parcel Map LA No

16 The above-described Parcel A 1 contains an area of approximately 4, square feet PARCELA2- RJW No ; Drawing No , Revision No.1; (Reza and Tanya Badiyi) That portion of Parcel A of Parcel Map LA. No. 3461, in!he Cily of Los Angeles, County of Los Angeles, State of California, as per map recorded in Book 116, Pages 38 to 44, inclusive, of Parcel Maps, in!he office of said County Recorder, bounded and described as follows: Beginning at!he southeasterly terminus of the northeasterly line of lot 1, having a bearing and distance of North 43" 20' 05" West, feet, of Tract No , in said City, County and State, as per map recorded in Book 230, Pages 26 and 27, of Maps, of said County Recorder's Office, said Point of Beginning also being a survey monument marked "2".P.", as shown on said Tract No , for the purpose of this legal description, said bearing North 43" 20' 05" West ~?hall be North 42" 56' 22" West, thence along said northeasterly line North 42" 56' 22" West, feet to the True Point of Beginning, said True Point of Beginning being a 2" ron Pipe with 1Yz" Aluminum Disk stamped "DWP LS. 7150" & PK to be set; thence leaving said northeasterly line North 47" 03' 27" East, feet to a 2"1ron Pipe with 1Yz" Aluminum Disk stamped "DWP LS. 7150" & PK to be set and the beginning of a curve concave westerly having a radius of feet; thence northeasterly and northerly along said curve through a central angle of 86" 46' 21", and an arc distance of feet to a 2"lron Pipe with 1Yz" Aluminum Disk stamped "DWP LS. 7150" & PK to be set; thence North 39" 42' 54" West, feet to a 2"1ron Pipe with 1Yz" Aluminum Disk stamped "DWP LS. 7150" & PK to be set and the beginning of a curve concave northeasterly having a radius of feet; thence northwesterly and northerly along said curve through a:o central angle of 25" 32' 30", and an arc distance of feet to a 2" ron Pipe with 1Yz" Aluminum Disk stamped "DWP LS. 7150" & PK to be set; thence South 74" 57' 18" West, feetto a 2" ron Pipe with 1Yz" Aluminum Disk stamped "DWP LS. 7150" & PK to be set; thence South 64" 40' 26" West, feet to a 2"1ron Pipe with 1Yz" Aluminum Disk stamped. "DWP LS. 7150" & PK to be set, said point lying on a non-tangent curve concave easterly having a radius of feet, a radial line through said J)oint bears South 51" 02' 31" West, said curve also being the northeasterty line of said Lot 1; thence along said northeasterly line and said curve through a central angle of 03" 59' 04", and an arc distance of feet; thence continuing along said northeasterly line South 42" 56' 22" East, feet to said True Point of Beginning. The above-described Parcel A2 contains an area of approximately 7, square feet. PARCEL C- RJW No ; Drawing No. e5107-2, Revision No.2 (Scott and Cristina L Fitz-Randolph) That portion of Parcel A of Parcel Map LA No. 3461, in the City of Los Angeles, County of Los Angeles, State of California, as per map recorded in -2-

17 Book 116, Pages 38 to 44, inclusive, of Parcel Maps, in the office of said County Recorder, bounded and described as follows: Beginning at the southerly terminus of the easterly line of Lot 2, having a bearing and distance of North 11" 48' 23" West, feet, of Tract No , in said City, County and State, as per map recorded in Book 230, Pages 26 and 27, of Maps, of said County Recorder's Office, said Point of Beginning also being a survey monument marked "2"1.P.", as shown on said Tract No , for the purpose of this legal description, said easterly line having a bearing North 11" 48' 23" West shall be North 11" 24' 47" West; thence along said easterly line North 11" 24' 47" West, feet; thence leaving said easterly line North 78" 33' 1 0" East, feet to a 2" ron Pipe with 1Yz" Aluminum Disk stamped "DWP L.S. 7150" & PKto be set; thence South -17" 55' 55" East, 5.72 feet to a to a 2" ron Pipe with 1Yz" Aluminum Disk stamped "DWP L.S. 7150" & PK to be set; thence South 02"-17' 06" West, feet to a 2" ron Pipe with 1 Yz" Aluminum Disk stamped "DWP L.S. 7150" & PK to be set, said poil]t also being the beginning of a curve eoncave southeasterly having a radius of feet; thence southerly along said curve through a central angle of 16" 57' 12", and an arc distance of feet to a 2" ron Pipe with 1 Yz" Aluminum Disk stamped "DWP L.S. 7150" & PK to be set; thence leaving said curve South 74" 57'18" West, feet to a 2" ron Pipe with 1 Y2 Aluminum Disk stamped "DWP L.S. 7150" & PK to be set;!hence South 64" 40' 26" West,15.03 feet to a 2"1ron Pipe with 1 Yz" Aluminum Disk stamped "DWP L.S. 7150" & PK to be set, said point lying on a nontangent curve concave easterly!having a radius of feet, a radial line through said point bears South 51" 02' 31" West, said_curve also being the northeasterly line of Lot 1, of said Tract No ; thence northerly along said curve and said norlheasterly line through a central angle of 06" 45' 31", and an arc distance of feet to the most northerly comer of said Lot 1, said point also being the southwesterly terminus of!he southeasterly line of said Lot 2 having a bearing and distance of North 57" 24' 30" Eas~ feet, as shown on said Tract No , for the purpose of this legal description, said southeasterly line having a bearing of North 57" 24' 30" East shall be North 57" 48' 12" East;!hence along said southeasterly line North 57" 48' 12" East, feet to said Point of Be!:Jinning.. The above-described Parcel C_contains an area of approximately 5, square feet. PARCEL D- RlW No ; Drawing No. B5107-3, Revision No.1 (Stephan Vachan and William J. Rouse) That poliion of Parcel A of Parcel Map L.A. No. 3461, in the City of Los Angeles, County of Los Angeles, State of California, as_ per map recorded in Book 116, Pages 38 to 44, inclusive, of Parcel Maps, in the office of said County Recorder, bounded and described as follows: Beginning at!he southerly terminus of!he easterly line of Lot 2, having a bearing and distance of North 11" 48' 23" West, feet, of Tract No , in said City, County and State, as per map recorded in Book 230, Pages 26 and 27, of Maps, of said County Recorder's Office, said Point of Beginning also being a survey monument marked "2"1.P.". as shown -3-

18 on said Tract No , for the purpose of this legal description, said easterly line having a bearing of North 11" 48' 23" West shall be North 11 24' 4/ West; thence along l?aid easterly line North 11" 24' 4/ West, 47 ~42 feet to the True Point of Beginning; thence leaving said easterly line North 78" 33' 10" East, feet to a 2"lron Pipe with 1Yz" Aluminum Disk stamped "ElWP LS. 7150" & PK to be set; thence North 17" 55' 53"West, feet to a 2" ron Pipe with 1 Yz" Aluminum Disk stamped "DWP LS. 7150" & PK to be set; thence South 87" 03' 27" West, feet to said easterly line and the northeasterly comer of said Lot 2; thence along said easterly line South 11" 24' 47" East, feet~ said True Point of Beginning. The above-described Parcel D contains an area of approximately 3, square feel PARCEL E- RW No ; Drawing No. B5107-4, Revision No.1 (Gordon and Jane E Hunt) That portion of Parcel A of Parcel Map LA.. No. 3461, in the City of Los Angeles, County of Los Angeles, State of California, as per map recorded in Book 116, Pages 38 to 44, inclusive, of Parcel Maps, in the office of said County Recorder, bounded and described as follows: Beginning at the southwesterly terminus of the easterly line of lot 3, having a bearing and distance of North 25 14' 27" East, feet, of Tract No ; in said City, County and State, as per map recorded in Book 230, Pages 26 and 27. of Maps, of said County Recorder's Office, said Point of Beginning also being a survey monument marked "2" LP :. as shown on saitl Tract No , for the purpose of this legal description, said easterly line having a bearing of North 25" 14' 27" East shall be North 25" 37' 59" East; thence along said easterty line North 25" 37' 59" East, feet to the northeasterly comer of said tot 3, thence leaving said easterly line South 52" 56' 33" East, feet to a 2" ron Pipe with 1Yz" Aluminum Disk stamped "DWP LS. 7150" & PK to be set; thence South 17" 55' 53" East, feet to another 2" ron Pipe with 1Y2 Aluminum Disk stamped "DWP LS. 7150" & PK to be set; thence South 87" 03' 27" West, feet to said Point of Beginning. The above-described Parcel E contains an area of approximately 1, square feel PARCEL F- RW No ; Drawing No."B5107-5, Revision No.1 (Carl J. and Judith L Cohen) That portion of Parcel A of Parcel Map LA. No. 3461, in the Ci!y of Los Angeles, County of Los Angeles, State of California, as per map recorded in Book 116, Pages 38 to 44, inclusive, of Parcel Maps, in the office of said County Recorder, bounded and described as follows: Beginning at the southerly comer and the southwesielrly terminus of the easterly line of Lot 4, having a bearing and distance of North 25" 14' 27" East, feet, of Tract No , in said City, County and State, as per map recorded in Book 230, Pages 26 and 27, of Maps, of said County Recorder's

19 Office, for the purpose of this legal description, said easterly line having a bearing of North 25" 14' 21 East shall be North 25" 37' 59" East; thence along said easterly line North 25" 37' 59" East, feet to the southwesterly comer of Lot7, of said Tract No , said southwesterly comer also being a survey monument marked ~2.P. as shown on said Tract No ; thence leaving said easterly line South 52" 56' 33" East, feet to a 2" ron Pipe with 1}'2" Aluminum Disk stamped "DWP L.S. 7150" & PK to be set; ihence South 17" 55' 53" East, feet to another 2" ron Pipe with 1Yz" Aluminum Disk stamped "DWP L.S. 7150" & PK to be set; thence North 52" 56' 33" West, feet to said Point of Beginning. The above-described Parcel F contains an area of approximately 1, square feel PARCEL G- R1W No ; Drawing No , Revision No.1 (Gerald Baker and John Provasili) That portion of Parcel A of Parcel Map LA. No. 3461, in the City of Los Angeles, County of Los Angeles, State of Califomi<;~, as per map recorded in Book 116, Pages 38 to 44, inclusive, of Parcel Maps, in the office of said County Recorder, bounded and described as follows: Beginning at the westerly terminus of the southerly line of Lot 7, having a bearing and distance of North 87" 14' oo West, feet, of Tract No , in. said City, County and State, as per map recorder in Book 230, Pages 26 and 27, of Maps, of said County Recorder's Office, said Point of Beginning also being a survey monument marked "2".P.", as shown on said Tract No , for the purpose of this legal description, said southerly line having a bearing of North 87" 14' oo West shall be North 86" 50' 28" West, thence along said southerly line South 86" 50' 28" East, feet to the southeasterly comer of Lot 7, of said iract No , said southeasterly comer also being a survey monument marked "2"1.P.", as shown on said Tract No ; thence leaving said southerly line South. 89" 47' 29" West, feet to a 2"1rori Pipe with 1Yz" Aluminum Disk stamped "DWP LS 7150" & PK to be set; thence North 52" 56' 33" West, feet to said Point of Beginning. The above-described Parcel G contains an area of approximately 1, square feel SUBJECT TO the following: a, RESERVNG to the Cify of Los Angeles all water and water rights appurtenant, whether surface or subsurface, and also reserving all oil, gas, petroleum, or other mineral or hydrocarbon substances without the right to enter upon the surface of said land for suoh use. b. Liens for taxes and assessments then current and unpaid, if any, and to all easements, rights of way, encroachments, covenants, concjitions, restrictions, reservations, and to all other matters of record. -5-

20 c. Any rights of way or encroachments which may be apparent during a visual inspection of subject properties. d. Policies of itle insurance. if desired by the purchasers, shall be obtained by and at the expense of the purchasers. e. These properties are being sold "as is" without warranty or guarantee, either expressed or implied, as to zoning requirements, the ground location of property lines, the existence of encroachments. if any, or the condition of the properties. f. The Department restricts the Grantee and their successors in interest, from constructing any permanent or inhabitable structures on the property herein conveyed and further limits the future use of the property to private residential roads and walkways, landscaping, private yards, open spaces or similar uses, forever. f'ences and or walls are not restricted but shall not be more than three and one-half feet in height as defined by Los Angeles Municipal Code Chapter 1 General Provisions and Zoning Section c.20. (f)(1}. (2}. g. Possession of the properties shall not be given pf1or to dose of escrow_ 2. nstruments in writing, approved as to form and legality by the City Attorney, - conveying said sale of excess properties is authorized, and the President or Vice Pr-eSident of the Board, or the General Manager of-the Department, or such person as the General Manager shall designate in writing, and the Secretary, Assistant Secretary or the Acting Secretary of the Board be and they are authorized and directed to execute said instrument on behalf of the Department 3. The City Council is requested to authorize and direct the execution of said instruments as provided in Section 675(d}(2) of the City Charter. HEREBY CERTFY that the foregoing is a full, true, and correct copy of a Resolution adopted by the Board of Water and Power Commissioners of the City cif Los Angeles at its meeting held _ FEB O? Z006 Secretary i - ~...-- ~----- APPROED l\s m F!JRMANf) LEGA1lY f!qc!<ard J. DtlGADRW, CllY ATORNEY

21 tem No.8 VERBAL MOTON MOVE that tem No. 8 on the February 7, 2006, Commission Agenda relative to approving execution of a_resolution authorizing execution of Grant, Bargain, Sale Deeds for the sale of excess property to six residential property owners neighboring the LAD WP' s Hollywood Reservoir property, to dispose of excess fill in connection with the Hollywood Water Quality mprovement Project, BE AMENDED, as follows: "That the sale price per square foot of property shall now be $8.00 per square foot instead of$3.60." Moved by: H. David Nahai Seconded by: Forescee Hogan-Rowles. Approved by the Board of Water and Power Commissioners at its Regular Meeting on ~ebruary 7, 2006: Ayes: 5, Noes: 0, Absent: 0 Barbara E. Moschos, Board Secretary

22 (RJW Nos , , , , , , and ) (Hollywood Reservoir) (Sale of Excess Property in Connection With the Hollywood Water Quality mprovement Project) RESOLUTON NO WHEREAS, Resolution No adopted by the Board on February 7, 2006 provided for the sale of excess real property for and in consideration of the total sum of $204, BE T RESOLVED, Resolution No adopted by the Board on February 7, 2006 provided for the sale of excess real property for and in consideration of the total sum of $204, is hereby rescinded. BE T FURTHER RESOLVED that the six property's owners, Gerald B. lba and FrankS. Tenorio, Cristina L. Rose Fitz-Randolph and Scott Fitz-Randolph, Stephane Vachon and William J. Rouse, Gordon Hunt and Jane E. Hunt, Can J. and Judith L. Cohen, and Gerald B. Baker and John Provasoli, who have all submitted written offers to purchase, be granted, for and in consideration of the total sum of $91,914 all that certain excess real property owned by the City of Los Angeles and under the management and control of the Department of Water and Power in the City of Los Angeles, County of State of California, described as: PARCEL A1 - RJW No ; Drawing No. B Revision No. 1 (Gerald B. lba and FrankS. Tenorio) That portion of Parcel A of Parcel Map L.A. NO. 3461, in the City of Los Angeles, County of Los Angeles, State of California, as per map recorded in Book 116, Page 38 to 44 inclusive, of Parcel Maps, in the office of said County Recorder, bounded and described as follows: Beginning at the southeasterly terminus of the northeasterly line of Lot 1, having a bearing and distance of North 43" 20' 05" West, feet, of Tract No , in said City, County and State, as per map recorded in Book 230, Pages 26 and 27, of Maps, of said County Recorder's Office, for the purpose of this legal description, said bearing of North 43" 20' 05" West shall be North 42" 56' 22" West; thence leaving said northeasterly line North 46" 12' 35" East, feet to the beginning of a curve concave westerly having a radius of feet, a radial line to said point bears North 65" 35' 44" East; thence northwesterly along said curve through a central angle of 15" 00' 37'', and an arc distance of feet; thence North 39" 24' 53" West, feet to the beginning of a curve concave northeasterly having a radius of feet; thence northwesterly along said curve through a central angle of 24" 44' 47", and an arc distance of feet; thence South 74" 57' 18" West, feet to the beginning of a non-tangent curve concave easterly having a radius of feet, a radial line to said point bears South 75" 49' 36" West; thence southeasterly along said curve through a central angle of 25" 32' 30", and an arc distance of feet; thence South 39" 42' 54" East, feet to the beginning of a curve concave to the northwest having a radius of feet; thence southwesterly along said curve through a central angle of 86" 46' 21 ",and an arc distance of feet;