Use: An easement for the maintenance, repair and use of a 54-inch water line.

Transcription

1 DATE: June 1, 2007 FROM: REAL ESTATE DVSON SUBJECT: DOMNQUEZ GAP BARRER PROJECT GRANT DEED AND AGREEMENT BETWEEN THE PORT OF LOS ANGELES (POLA) AND THE PORT OF LONG BEACH (POLB) TO LOS ANGELES COUNTY FLOOD CONTROL DSTRCT (LACFCD) LAHD FLE NO SUMMARY: On December 28, 1994, POLA and POLB jointly purchased certain railroad properties in the County of Los Angeles in connection with the construction of the Alameda Corridor. One such property, the Union Pacific San Pedro Subdivision, passes through several municipalities between San Pedro Bay and downtown Los Angeles. The POLB and POLA have previously entered into a Joint Right of Entry Agreement with LACFCD (Agreement 2208) which allowed LACFCD to construct and use a 54-inch water line, 16 feet below the surface. The Grant Deed and Agreement being requested would grant a perpetual easement to the LACFCD for the maintenance, repair, and use of the 54-inch diameter water line associated with the former Union Pacific Railroad property, as depicted on the attached maps. The Grant Deed and Agreement will supersede the Joint Right of Entry Agreement. Use: An easement for the maintenance, repair and use of a 54-inch water line. Premises: A portion of the former Union Pacific Railroad s San Pedro Subdivision at the intersection of Spring Street, in the City of Long Beach comprising approximately 754 square feet of sub-surface area, 16 feet below ground. Compensation: $1,900, payable in advance, on or before the effective date. Term: Perpetual easement effective upon execution by the executive directors of both ports. RECOMMENDATON: t is recommended that the Board of Harbor Commissioners (Board): 1. Adopt the Order and Ordinance approving and authorizing the proposed Grant Deed and Agreement by the City of Los Angeles, a municipal corporation, acting by and through its Board, the City of Long Beach, a municipal corporation, acting by and through its Board, and the LACFCD.

2 DATE: June 1, 2007 Page 2 of 3 FROM: REAL ESTATE DVSON SUBJECT: DOMNQUEZ GAP BARRER PROJECT LAHD FLE NO GRANT DEED AND AGREEMENT BETWEEN THE PORT OF LOS ANGELES (POLA) AND THE PORT OF LONG BEACH (POLB) TO LOS ANGELES COUNTY FLOOD CONTROL DSTRCT (LACFCD) 2. Authorize and direct the Board Secretary to transmit the Order and Ordinance to the City Council for its approval pursuant to Section 385 of the City Charter; and 3. Authorize the Executive Director and Board Secretary to execute the Grant Deed and Agreement upon approval by City Council. DSCUSSON: 1. Negotiations have lasted over 6 years due to delays in preparation of documents by the Ports and review of documents by LACFCD. LACFCD had already built their required improvements, as permitted by the Joint Right of Entry Agreement. The Port of Los Angeles staff received the documentation for processing on January 24, The LACFCD offered compensation for the easement at 25% of the fee value based on a 2001 value of $10.00 per square foot. Port staff has evaluated the offer and is recommending approval of the permanent easement grant. t is considered appropriate because of the approximate 20-foot depth of the pipeline and the unrestricted surface usage that remains with the property. The conclusions of the appraisal are summarized below: ENVRONMENTAL ASSESSMENT: 754 square $10.00 per Sq ft x 25% = $ 1, Total Value: $ 1, Rounded to: $ 1, The Director of Environmental Management Division has determined that the proposed activity is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with Article, Section 2(f) and 2(i) of the Los Angeles City CEQA Guidelines. FNANCAL MPACT: Compensation will be shared equally by both Ports. CTY ATTORNEY: The proposed instrument was approved as to form by the Office of the City Attorney. The Order and Ordinance were prepared and approved as to form by the Office of the City Attorney.

3 DATE: June 1, 2007 Page 3 of 3 FROM: REAL ESTATE DVSON SUBJECT: DOMNQUEZ GAP BARRER PROJECT LAHD FLE NO GRANT DEED AND AGREEMENT BETWEEN THE PORT OF LOS ANGELES (POLA) AND THE PORT OF LONG BEACH (POLB) TO LOS ANGELES COUNTY FLOOD CONTROL DSTRCT (LACFCD) TRANSMTTALS: 1. Grant Deed and Agreement 2. Order 3. Ordinance 4. Map exhibits MCHAEL J. GALVN Director of Real Estate KATHRYN McDERMOTT Deputy Executive Director APPROVED: GERALDNE KNATZ, Ph.D. Executive Director PAT: JWT:smd BL216smd ADP No

4 RECORDNG REQUESTED BY AND MAL TO: County of Los Angeles Department of Public Works Attention: Mapping & Property Management RNV Engineering Section 900 S. Fremont Ave... Alhambra, CA DOMNGUEZ GAP BARRER PROJECT EXEMPT FROM RECORDNG FEE UNT 78, PHASE 4A, PART 2 (Govt. Code Sections 6103 & 27383) PARCEL 145 WA EXEMPT FROM DOCUMENTARY TRANSFER TAX 375-RW 12.9 X (Rev. & Taxation Code Section ) AN ,900 AN & 901 ~~9-'Ooo7 a GRANT DEED AND AGREEMENT BY AND AMONG ClTY OF LONG EACH BY AND THROUGH TS BOARD OF HARBOR COMMSSONERS AND ClTY OF LOS ANGELES BY AND THROUGH TS BOARD OF HARBOR COMMSSONERS AND LOS ANGELES COUNTY FLOOD CONTROL DSTRCT L:UPPS\ayLaw32\WPDOCSU)02B\P001\OWB8B65.WPD GRAM DEED 6 AGREEMEECT[OSR&rOB] RECORDNG PAGE

5 GRANT DEED AND AGREEMENT THS GRANT DEED AND AGREEMENT ("Grant Deed") is entered into, in triplicate, this day of, 2006, among the CTY OF LONG BEACH, a municipal corporation, by and through its Board of Harbor Commissioners ("Long Beach"), pursuant to Ordinance No. HD adopted by the Board at its meeting ~f December 4, 2006, the CTY OF LOS ANGELES, a municipal ~orporation, by and through its Board of Harbor Commissioners ("Los Rngeles" and, together with Long Beach, the "Cities"), pursuant to 3 recommendation adopted by the Board at its meeting of, 2006, and the LOS ANGELES COUNTY FLOOD ZONTROL DSTRCT, a body corporate and politic ("District").. 1. RECTALS: This Grant Deed is made with reference to the following facts and objectives: 1.1 Long Beach and Los Angeles have previously entered into a Joint Right of Entry Agreement with District (Long Beach Harbor Department HD-6574 and Los Angeles Harbor Department Agreement 2208). 1.2 Pursuant to such Right of Entry, District has constructed a single water pipeline and appurtenant structures. Said pipeline is 54 inches in diameter and is deeper than sixteen feet below ground surface. 1.3 The District desires to acquire an easement to use, maintain, repair, alter, and replace such water pipeline and appurtenant structures under railroad right-of-way jointly 'owned by the Cities. 2. GRANT OF EASEMENT: For a valuable consideration, :\APPS\CtyLew32\WPDOCS\DOll\PO05\000959B.WPD RANT DEED L AGREENENT [10/21/ CLR RE DOMNGUEZ GAP BARRER PROJECT MG

6 receipt of which is hereby acknowledged, Cities hereby grant to the District a perpetual easement under the railroad right-of-way ("Property") jointly owned by the Cities at a depth more than sixteen feet below ground surface and at the location described in 1 Exhibit "A" and shown on the drawing attached as Exhibit "B" for 11 the purpose of using, maintaining, repairing, altering, and replacing one existing 54-inch diameter water pipeline and its appurtenant structures. The diameter of the one water pipeline 11 which is the subject of this easement and any alterations or W replacement thereof shall not exceed 54 inches in diameter and such pipeline shall be deeper than sixteen feet below ground surface of 1) the Property The easement granted pursuant to this Grant Deed is subject to all rights-of way and entry thereon for the installation, relocation, removal, operation, and maintenance of sewers, pipelines, conduits, and telephone, telegraph, light, heat, and power lines (whether underground or overhead) 11 as may from time-to-time be determined by Cities. 2.2 Citiesf authorized representatives shall have access to and across the Property at any time for inspection, repair of publicly-owned utilities and structures, and for fire and police purposes. 2.3 Before entering upon or performing work of any kind on the Property, District shall obtain the written approval of the Union Pacific Railroad Company or its successors or assigns ("Railroad"). District shall comply with all permit, notification, protective and safety and any other requirements imposed by Railroad, and District shall pay L:\APPS\CtyLaw32\WPDOCS\DOll\P005\000959B.WPD GRANT DEED 6 AGREDTENT [10/27/061

7 all associated costs. Further, this easement is subject to any and all use by Railroad or Cities of the railroad 3 11 right-of-way and is also subject to Railroad or Cities 1 repairing, reconstructing, improving or expanding the land area, improvements or equipment used in connection with such railroad right-of-way n addition to any covenants, conditions, reservations and restrictions set forth in this Grant Deed, 11 the easement granted by Cities to ~istri'ct is subject to all covenants, conditions, restrictions, reservations, rights-of-way, easements and other matters of record or which l1 l2 11 are apparent. District hereby expressly waives each of the implied covenants which would otherwise arise as a result of the grants from Cities in this Grant Deed as set forth in Section 1113 of the California Civil Code. l The Joint Right and Entry Agreement referenced in paragraph 1.1 is hereby terminated, excluding, however, those obligations of District i.e., indemnification and clean up of hazardous materials, which accrued prior to this termination but which survived such termination The grant provided for in paragraph 2 is accepted concurrently with recording of this Grant Deed and by the District executing and recording the Certificate of 24 Acceptance attached hereto HAZARDOUS SUBSTANCES: During its use and occupancy of the Property, District shall promptly notify the Executive Directors of the Cities of the release onto the Property of any hazardous materials or hazardous wastes ("hazardous materials") as L:\APPS\CtyLau32\WPDOCS\DOll\P005\000959B4.WPD GRANT DEED 6 AGREMEHT [10/27/06] CLA RE DOMNGUEZ GAP BARRER PROJECT lcmgl

8 those terms have been or are defined by the Administrator of the Environmental Protection Agency, the California Department of Toxic Substances Control or any other person or agency having jurisdiction of the management of hazardous materials. District at its cost, shall promptly remove and/or treat and dispose of all such hazardous materials in accordance with regulations and orders of governmental agencies having jurisdiction and restore the Property to the condition it was in prior to the release of the - 3 L 2 ~ 3 0 UJ moo cm Pw" 0 ~ :,ma- a g.z:~ w= 222 d 28-3 coq UJ g$z -g od "=A,xc3 $2.$Z y 0 hazardous materials. District shall furnish both Executive Directors of the Cities with copies of all waste manifests. 3.1 Except as expressly provided herein, District shall have no obligation to Cities to clean up any hazardous material contamination which by substantial evidence available to the Executive Directors of the Cities at the time, does not reasonably appear to have resulted from District's operations, or District's successors or invitees', occupation and/or uses of the Property. 3.2 District understands and agrees it is responsible for complete restoration of the Property, including the clean up of any hazardous material contamination arising from its use and occupancy of the Property. District also agrees to provide Cities a surety bond to assure removal of hazardous material from the Property if any time Cities demand such bond. District's breach of any of the provisions of this paragraph shall entitle Cities.to forfeit this easement. 3.3 f hazardous material contamination resulting from Districtr s, or District's invitees' operations,,:\apps\ctylau3z\wpdocs\doll\p005\ wpd :RRNT DEED 6 AGREFHENT 110/27/ CA RE DONNGUEZ O\P WRER PROJECT WG

9 occupation and/or uses exist in, or are on, or have, emanated from, the Property, then upon re'asonable request of either Executive Director, District shall provide Cities a site characterization study and site restoration plan in a form acceptable to Cities and at District's expense as reasonably directed by Cities. The study and plan shall demonstrate to Citiesf reasonable satisfaction that the Property has not been contaminated or that, if contamination exists, District will remove it to the reasonable satisfaction of Cities. 4. MPROVEMENTS: District has inspected the Property and agrees that it is suitable for the uses permitted hereby. No officer or employee of Cities has made any representation or r warranty with respect to the Property, and in entering into this Grant Deed, District agrees that it relies only on the provisions of this Grant Deed. District hereby accepts the area of its easement in its as-is condition. 4.1 District shall.obtain any necessary permits prior to the commencement of any work of improvement, alteration or repair. 4.2 All work on the Property shall be performed in accordance with approved plans and specifications ("Plans") previously submitted by District to the Cit,ies. District shall proceed diligently and in a workmanlike manner in the development and construction of the improvements and in any repair, alteration, reconstruction or removal thereof in accordance with the Plans. 4.3 District, at its cost, shall keep and maintain the pipeline and appurtenant structures in good order, L:\RPPS\ctyLa~32\WPDOCS\DOll\P005\ WPD GRANT DEED 1 AGREMENT 110/27/061 5 CLA RE DOMNGUEZ GAP BARRER PROJECT CMG

10 condition, and repair. 4.4 Any and all uses of the Property by District, its agents, contractors, and their employees shall be at their sole risk, cost and expense. 5. NDEMNFCATON: Except to the extent caused by the gross negligence or willful misconduct of the ndemnified Parties (defined below), and subject to applicable legal restrictions, which may include, but are not limited to, Civil Code Section 2782, District shall defend, indemnify, hold, protect and save harmless (a) Cities, (b) Railroad, and (c) their respective elected officials, commissioners, boards, officers and employees (collectively the "ndemnified Parties") from and against any and 211 actions, suits, proceedings, claims, demands, losses, liens, zosts, expenses or liabilities, of any kind or nature whatsoever, including expenses and reasonable attorneysf fees incurred in Aefending against the same by an attorney selected by District and reasonably satisfactory to the ndemnified Parties, for injury to 2r death of persons or damage to property, including property owned 3y or under the care and custody of Cities, to the extent that such 2rises from or is caused by (a) the acts, omissions or negligence 2f District, its agents, officers, employees, licensees, permittees r sublessees, or (b) the failure of District, its agents, ~fficers, employees, licensees, permittees or sublessees to observe ~nd abide by any of the terms or conditions of this Grant Deed or ny applicable law, rule or regulation. This paragraph 5 does not Limit any obligations which District may have to ndemnified?arties under applicable law which exists independently of or apart from this paragraph 5. :\APPS\CtyLaw32\WPDOCS\DOll\P005\000959B4.WPD RANT DEED L AGREEMENT [10/27/06] 6 CLA RE DOHNGUEZ GAP BARRER PROJECT [CHG

11 6. MSCELLANEOUS: 6.1 Utilities. District shall pay all charges for utility service furnished to the Property, or used in connection with its occupancy, and pay all deposits, connection fees, charges and meter rentals required by the supplier of any such service, including Cities. 6.2 Compliance with Laws. During its use and occupancy of the Property, District shall at all times comply with all laws, ordinances, rules, and regulations of and obtain permits from all federal, state, and local governmental authorities. having jurisdiction over the Property and District's activities thereon. 6.3 Quiet Eniovment. No right of District provided for in this Grant Deed shall be exercised in a manner which interferes unreasonably with the railroad operations of Railroad or the port operations of Cities. 6.4 Notice. Any notice, demand, request, consent, or communication that either party desires or is required to give to the other party or any other person shall be in writing and either be served personally, by facsimile transmission or sent by prepaid, first-class mail addressed as follows : TO CTES: Executive Director Long Beach Harbor Department P.O. Box 570 Long Beach, California FAX NO. (562) Executive Director Los Angeles Harbor Department 425 South Palos Verdes Street San Pedro, CA FAX NO. (310) \APPS\CtyLau3Z\WPDOCS\DOll\POO5\OOO959E4,wPD W T DEED & AGREWEW [10/27/06] CW\ RE WMNGUEZ GAP BARRER PROJECT [CMG]

12 TO DSTRCT: County of Los Angeles Department of Public Works Attn: Mapping & Property Management R/W Engineering Section 900 South Fremont Avenue Alhambra, California FAX NO. (626) Any party may change its address by notifying the other parties of ' the change of address. Notice shall be deemed communicated upon delivery if personally served or given by facsimile transmission and within forty-eight (48) hours from the time of mailing if mailed as provided in this paragraph: 6.5 Notice to ail road. f an emergency should arise requiring immediate attention, District shall provide as much notice as practicable to Railroad before commencing any work on the Property and shall call Railroadf s Transportation Center at (303) or such other number as shall be applicable from time to time. n non-emergency situations, District shall notify Railroad at least three (3) business days in advance of commencement of a'ny work in connection with the Property. District shall comply with all permit, notification, protective and safety requirements imposed by Railroad, and District shall pay all associated costs. 6.6 Waiver. No waiver by any party at any time of 'any term or condition of this Grant Deed shall be a waiver at any subsequent time of the same or any other term or condition of the Grant Deed. 6.7 Captions. The use of paragraph headings or captions is solely for convenience and shall be entirely disregarded in the interpretation and construction of any term or condition of this Grant Deed. :\APP~\C~~L~W~Z\WPDOC~\DO~~\POO~\~~~~~~B~.WPD RRNT DEED & AGREEMENT [10/27/ CLR RE DOMNGUEZ tap BARRER PROJECT MG

13 6.8- Nondiscrimination. Districtagrees, subject to applicable laws, rules and regulations, that no person shall be subject to discrimination in the performance of this Grant Deed on the basis of race, color, religion, national origin, sex, sexual orientation, ADS, ADS-related condition, age, disability, handicap, or Vietnam-Era veteran status. 6.9 Conflict of nterest. t is understood and agreed that the parties to this Grant Deed have read and are aware of the provisions of Section 1090, et seq. and Section 87100, et seq. of the Government Code relating to conflict of interest of public officers and employees, as well as the conflict of interest policies of Cities. All parties hereto agree that they are unaware of any financial or economic interest of any public officer or employee of Cities relating to this Grant Deed. Notwithstanding any other provision of this Grant Deed, it is further understood and agreed that if such a financial interest does exist at the inception of this Grant Deed, the Executive Director of either City may immediately terminate this Agreement by giving written notice thereof. Termination pursuant to this section shall not be termination by forfeiture Successors and Assisnees. The terms and conditions contained in this Grant Deed shall run with the land and shall bind the successors and assignees of the parties to this Grant Deed Construction. The language in all parts of this Grant Deed shall in all cases be construed simply according to its fair meaning and not strictly for or against L:\APPS\CtyLau32\WPDOCS\DOll\P005\ ,WPD GRANT DEED 6 AGREEMENT [10/27/ C U RE DOHNGUEZ GAP BARRER PROJECT [CUG]

14 any of the parties hereto Counterparts. This Grant Deed may be executed in counterparts, each of which, when executed, shall be deemed an original but all such counterparts shall constitute but one and the same agreement. LOS ANGELES COUNTY FLOOD CONTROL DSTRCT, a body corporate and politic By: Chair, Board of Supervisors of the Los Angeles County Flood Control District (LACFCD - SEAL) > "District" ATTEST: Sachi A. Hamai Executive Officer of the Board of Supervisors of the County of Los Angeles The foregoing Grant Deed and Agreement is hereby approved as to form and content. RAYMOND G. FORTNER, JR., County Counsel, 2006 By : Deputy L:\APPS\CtyLau3Z\WPDOCS\DOll\P005\ WPD GRRNT DEED 6 AGREEMENT [10/27/ CLA RE DOMNGUEZ GAP BARRER PROJECT CMG

15 CERTFCATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within deed or grant is hereby accepted under the authority conferred by Ordinance No , duly and regularly adopted, by the Board of Supervisors of the County of Los Angeles on the 26'h day of September 1995, and the Grantee consents to the recordation thereof by its duly authorized officer. Dated: By: Assistant Deputy Director Mapping & Property Management Division APPROVED as to title and execution.,20. DEPARTMENT OF PUBLC WORKS Mapping & Property Management Division 1 Supervising Title Examiner

16 Grant Deed and Agreement is hereby approved CTY OF LOS ANGELES, a municipal corporation, acting by and through its Board of Harbor Commissioners By: "Cities" GERALDNE KNATZ, Ph. D. Executive Director Los Angeles Harbor Department ROCKARD J. DELGADLLO, City,Attorney CW\ RE DOMNGUEZ GAP BARRER PROJECT lcmgl

17 The foregoing Grant Deed and Agreement is hereby approved as to form and content. CTY OF LONG BEACH, a municipal corporation, acting by and through its Board of Harbor Commissioners 7 /- 2-3, 200k BY: fz Richard D. Steinke, Executive Director Long Beach Harbor Department "Cities" 9 'lo 11 APPROVED AS TO FORM: City of Long Beach C-[ d. 200, L Charles M. Gale, Deputy L:\APPS\CtyLau3Z\WPDOCS\DOll\P005\ WPD GRANT DEED & AGREFXENT 110/27/ CLA RE DOMNGUEZ GAP BARRER PROJECT lmgl

18 DOMNGUEZ GAP BARRER PRWECT 145WA 375-RW 12.9 A.P.N & & 90 1 T.G. 795 (A2).M. 28 (E2) S.D. 4 X Parcel No. 145WA (Easement for water line and appurtenant structures): \ That portion of Lot A, of Tract No. 6756, as shown on map recorded in Book 77, page 69, of Maps, in the office of the Recorder of the County of Los Angeles, and that portion of that part of Spring Street, feet wide, as shown on map of said Tract No. 6756, and also as shown on map of La Serena, recorded in Book 62, pages 72 and 73, of said Maps, vacated by City of Long Beach Resolution No. C-5177 (adopted by the City Council on March 22, 1932), within a strip of land 10 feet wide, lying 5 feet on each side of the followingdescribed line: Beginning at the intersection of the westerly line of Parcel 9, of Parcel Map No , as shown on map filed in Book 192, pages 40, 41 and 42, of Parcel Maps, in the office of said Recorder, and a line parallel with and 31 feet northerly, measured at right angles, from the northerly line of Parcel 7, of said Parcel Map No ; thence along said parallel line, North 79" 21' 35" East feet; 1 thence North 84" 41' 46" East feet to a point in a line parallel with and 10 feet northerly, measured at right angles, from that certain course in the center 1 line of Spring Street, feet wide, shown having a length of feet on County of Los Angeles Department of Public Works Survey Field Book PWFB 0422, pages 179 and 180, on file in the office of the Director of said Department, said point being distant westerly along last-said parallel line, feet from the northerly prolongation of the center line of Webster Avenue, 40 feet wide, as shown on said Survey Field Book PWFB 0422, page 180. i i T v EXCEPTNG from the above-described 10-foot-wide strip of land, that portion lying easterly of the southerly prolongation of the westerly line of Lot 1, of Tract No , as shown on map filed in Book 826, pages 16,16 and 17, of said Maps. EXHBT "A 1 of2

19 DOMNGUEZ GAP BARRER PROJECT 145WA ALSO EXCEPTNG from the above-described 10-foot-wide strip of land, that portion lying within Lot 2, of Tract No , as shown on map recorded in Book 168, pages 25 and 26, of said Maps. ALSO EXCEPTNG from the above-described 10-foot-wide strip of land, that portion lying westerly of the easterly line, and the northerly prolongation thereof, of the land described as "PARCEL 10" in deed to Southern California Edison Company, recorded on December 10, 1929, as nstrument No. 1370, in Book 9514, page 345, of Official Records, in the office of said Recorder. Containing: 754 square feet. EXHBT " A 2of2

20 ptmeztq SEE 375-RW 13.6 SEE RW U R C U fll T-.!7Sce OAE: APPROVE0 OT BARR 1ER PROJECT SEPJLVEOA DLVD 10 AlAfDA Sl ~ CU(HE1 ~ 10 SPRW Z 51 YPPNG d PflOPEflY YbNAGELfNl NO. 375-RU 12.9 EXHBT B 5

21 ORDER NO. T S HEREBY ORDERED by the Board of Harbor Commissioners that the Grant Deed and Agreement, by and among the ClTY OF LOS ANGELES, the ClTY OF LONG BEACH, and the LOS ANGELES COUNTY FLOOD CONTROL DSTRCT, is hereby approved and the Executive Director and the Secretary of the Board are hereby authorized and directed to execute and attest to the same on behalf of the City of Los ~ngeles. The Secretary shall certify to the adoption of this Order by the Board of Harbor Commissioners of the City of Los Angeles and shall cause a copy of the same and the proposed Ordinance to be submitted to the City Council for adoption of the Ordinance pursuant to the City Charter Section 385 and related implementing provisions of the Los Angeles Administrative Code. HEREBY CER1-FY that the foregoing Order was adopted by the Board of Harbor Commissioners of the City of Los. Angeles at its meeting of APPROVED AS TO FORM 2007 LLO, City Attorney AUDREY H. YAMAK Board Secretary HEATHER M. BURNS, Deputy City Attorney

22 ORDNANCE NO. An Ordinance approving an order of the Board of Harbor Commissioners for a Grant Deed and Agreement. THE PEOPLE OF THE ClTY OF LOS ANGELES DO ORDAN AS FOLLOWS: Section 1. The action of the Board of Harbor Commissioners of the City of Los Angeles on the day of 2007, approving a Grant Deed and Agreement, by and among the City of Los Angeles, the City of Long Beach, and the Los Angeles County Flood Control District is hereby ratified, confirmed, and approved. The approved order reads: ORDER NO. T S HEREBY ORDERED by the Board of Harbor Commissioners that the Grant Deed and Agreement, by and among the ClTY OF LOS ANGELES, the ClTY OF LONG BEACH, and the LOS ANGELES COUNTY FLOOD CONTROL DSTRCT, is hereby approved and the Executive Director and the Secretary of the Board are hereby authorized and directed to execute and attest to the same on behalf of the City of Los Angeles. The Secretary shall certify to the adoption of this Order by the Board of Harbor Commissioners of the City of Los Angeles and shall cause a copy of the same and the proposed Ordinance to be submitted to the City Council for adoption of the Ordinance pursuant to the City Charter Section 385 and related implementing provisions of the Los Angeles Administrative Code. HEREBY CER1-FY that the foregoing Order was adopted by the Board of Harbor Commissioners of the City of Los Angeles at its meeting of AUDREY H. YAMAK Board Secretary Sec. 2. Pursua~ito Sections 7.21 and 7.27 of the Los Angeles Administrative Code, the Council finds and determines that the public interest requires that a perpetual easement for an underground pipeline on property owned by the City of Los Angeles and the City of Long Beach as tenants in common be conveyed by a Grant Deed without notice of sale or advertisement for bids.

23 Sec. 3. The City Clerk shall certify to the passage of this ordinance and have it published in accordance with Council policy, either in a daily newspaper circulated in the City of Los Angeles or by posting for ten days in three public places in the City of Los Angeles: one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall; one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall East; and one copy on the bulletin board located at the Temple Street entrance to the Los Angeles County Hall of Records. hereby certify that this ordinance was passed by the Council of the City of Los Angeles, at its meeting of, FRANK T. MARTNEZ, City Clerk BY Deputy Approved Mayor Approved as to Form and Legality,2007 ROCKARD City Attorney Date: February 28, 2007 File No. L

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