CC RESOLUTION 4892RESOLUTION NO. 4892
A RESOLUTION OF THE CITY COUNCIL AFFIRMING THE ADOPTION
OF ORDINANCE NO. 237 WHICH VACATED A 90 -FOOT WIDE PUBLIC
STREET EASEMENT AND A 60 -FOOT WIDE PUBLIC STREET
EASEMENT AT 815, 821, AND 827 HORNET WAY AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS
NEEDED TO EFFECTUATE ORDINANCE NO. 237.
The City Council of the City of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares that:
A. Northrup Grumman Systems Corporation ( "Northrup Grumman ") is the
owner of certain property in the City of El Segundo addressed today as
815, 821 and 827 Hornet Way ( "Northrup Grumman Property ");
B. On October 24, 1940, the City Council adopted Ordinance No. 237
vacating a 90 -foot wide public street easement and a 60 -foot wide public
street easement (dated 1939 and 1934, respectively) that transect the
Northrop Grumman Property in an east -west direction;
C. Ordinance No. 237 was never recorded and Northrup Grumman desires
the title to the property reflect the vacation of the two easements in 1940;
however, because the ordinance was adopted over 70 years ago,
Northrup Grumman has requested the City Council affirm its adoption of
Ordinance No. 237; and
D. The City Council desires to affirm the adoption of Ordinance No. 237 in
order to assure its implementation and effectiveness at the earliest
possible date.
SECTION 2: Approval. The City Council affirms the adoption of Ordinance No. 237,
attached as Exhibit "A." The intent of this Resolution is that Ordinance No. 237 be fully
effective as of the date of this resolution. The City Council also authorizes the City
Manager, or designee, to execute all documents needed to effectuate Ordinance No.
237.
SECTION 3: This Resolution will become effective immediately upon adoption and will
remain effective unless repealed or superseded.
-1-
PASSED, APPROVED AND ADOPTED this 4t" day of November, 2014.
ATTEST:
Tracy W ver, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
By:
ID, I'-j
Karl N. Berger, AssistqT:qy Attorney
Suzan46 Fuentes, Mayor
1560
TA
ORDINANCI N0, 237
AN ORDINANGS OF THE CITY OF RL SEGUIMO ,
CALIFORNIA, DECLARING VACANT FOR PUBLIC
STMT PURPOSES A CERTAIN PORTION OF
DOUGLAS AVENUE 7171 IIN Tim SAID CITY, AS
CONTRM+ATED BY RESOLUTION OF INTENTION
NO. 509.
Y ERNAS, the City Council of the Gity of El
Segundo, California, on the 21st day of August, 1940, at
a regular meeting of the said Council held on said date,
duly passed and adopted a resolution, being Resolution of
Intention No. 509, entitled:
"A RESOLUTION OF THE CITY COUNGI7, OF THE
CITY OF EL SEGUNDO, CALIFOPMA, IRMARING
THE =h—LION OF SAID COUNCIL TO CLOSE UP,
VACATE AND ABANDON FOR PUBLIC STREET PUR-
POSES, THAT 03RTAIN PUBLIC STREET,WIMUM
SAID CITY, KNOWN AS DOU=B Ar1atYUE." !
AND, WHERF.AS, the Street Superintendent of the
City of 31 Segundo, California, after the passage and
adoption of said resolution, caused to be conspicuously
posted along the line of the portion of that certain public
street so to be vacated, within the said City, as herein-
after described- anA alnna the linen of ell n-r the rnnlal3n
streets, ways, roads and drives, and portions of public
streets, mays, roads and drives within the assessment
district described in said Resolution of Intention No. 509,
and at not more than three hundred (300) feet in distance
apart, upon said streets, ways, roads and drives, and not
less than three (3) in all, on any such street, way, road
or drive, notices of the passage of said resolution, said
notices being named "Notice of Public Works ", in letters
not less than one (1) inch in length, and stating the fact
of the passage of said resolution, its date and briefly the
1-
107
t_fi1
work or improvement proposed, being that of vacating all
that certain portion of that certain public street named,
designated and known as Douglas .Avenue, within the said
City of E1 Segundo, California, as hereinafter described,
which said notices referred to said resolution of inten-
tion for further particulars;
AND, ORES, said Street Superintendent also
caused a notice similar to that hereinbefore referred to
to be published by four (4) successive insertions in the
E1 Segundo Herald, a weekly newspaper, printed, published
and circulated within said City of El Segundo, being the
newspaper designated by the said City Council for the pur-
pose of said publication; and more than ten (10) days
after the expiration of the time of publication of said
notice having elapsed, and no objections to said improve-
ment having been delivered to the City Clerk of said City,
or otherwise made, and the said Council having acquired
jurisdiction to order the vacating of said portion of said
street, as hereinafter described;
NOW, THEREFIORE, the City Council of the City of
Ill Segundo, California, does ordain as follows:
SECTION 1. That all of that certain portion of
that certain public street named, designated and known as
"Douglas Avenue" within the said City of El Segundo, Cali-
fornia, described as follows, to wit:
That portion of Douglas Avenue, 150 feet wide,
in the Northeast_ quarter of Section 7, Township 3
South, Range 14 West,, S. B. M., in the Rancho Sausal
Redondo, in the City of- T1 Segundo, County of Los
Angeles, State of California, as said Section is
shown on map recorded in Book 7Q, Page 97 of Mis-
cellaneous Records in the office of the County
Recorder of said County, described as follows:
Beginning at the Southeast corner of land de-
scribed in deed recorded in Book 9716, Page 375,
Official Records of said, County, being in a line
parallel with the East line of said Section and
distant Westerly 189.60 feet measured at right
angles therefrom and distant along said parallel -
108
i
line Southerly 922. 99 feet from the North line
of said Section; thence Southerly parallel with
the East line of said Section, 150 feet to the
South line of said Douglas Avenue; thence West-
erly along said South line 1075.60 feet to the
Southerly prolongation of the East line of North -
rop Street, as established 150 feet wide; thence
Northerly along the prolongation of said East line,
150 feet to the South Line of land described in
deed recorded in Book 161139, Page 182 of -said
Official Records; thence Easterly along said
South line to and along the South line of land
described in, said deed recorded In Book 9716., Page
375, Official Records, 1075.50 feet to the point
Of beginning,
be, and the same is hereby closed up, vacated and abandon-
ed for public street purposes.
That the purpose of these proceedings and of
this ordinance is to vacate and abandon for public street
purposes, all of said hereinabove described portion of said
Public street.
SECTION 2. That the public work herein provided
for is the closing up of all of that certain portion of said
public street, described in Section 1 hereof, and it appearing
to the City Council of the said City of E1 Segundo that there
are no costs, damages or expenses occasioned by or arising out
of said work, and that no assessment is necessary to pay the
costs, damages or expenses of said work, nocr, therefore, said
Council does hereby further ordain and determine that no com-
missioners shall be appointed to assess benefits and damages.
SECTION 3. That this ordinance shall take effect
and be in full force and virtue thirty days from and after
the final passage and adoption thereof.
SECTION 4. That the City Clerk shall certify to
the passage and adoption of this ordinance and shall cause the
same to be published once in the El Segundo Herald, a weekly
newspaper of general circulation printed, published and circu-
lated within the said City of El Segundo and which is hereby
3-
1,562
--a
109
designated for that purpose.
Passed, approved and adopted this 24th day of
October`_, A. D.) 1940.
J_ 763
Mayor of the City, of N1 Segan,
California.
(SEAT )
STATE OF CALIFORNIA
COUM7 OF LOS ANGXM SS.
CITY OF RL BEGUNDO }
I, VICTOR D. McCARM, City Clerk of the City of
El Segundo, California, do hereby certify that the whole
number of members of the City Council of the said City is
five; that the foregoing ordinance, being Ordinance No. 237,
was duly passed and adopted by the City Council, approved
and signed by the Mayor of said City and attested by the
adjourned
City Clerk of said City, all at aA�zegular meeting of the
said Council held on the 24th day- of October _, A. D., 1940,
and that the same was so passed and adopted by the following
vote:
AYES: Councilmen Hesser, Love, Selby and Mayor Binder
a
NOES: Councilmen Nolte
ABSENT: Councilmen Gerox
ity Clerk of he City of El S gundo,
C iforni a.
(SEAI, }
4-
110
CLERK'S CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF LAS ANGELES � SS.
CITY OF EL SEGUNDO 1
I, Victor D. lftGarthy, City Clerk of the City of
El Segundo, California, do hereby certify that the whole
number of members of the City Council of the said City is
five; that the foregoing ordinance, being Ordinance No.
—Zr_, is a full, true and correct original of
Ordinance No. 237 of the said City of El Segundo
California, entitled: '
"AN ORDINANOS OF THE CITY OF EL SEGUNDO,
CALIFORNIA, IZOL&RING VACANT FOR PUBLIC
STREET PUIU>OSES A MTA.IN PORTION OF
DOUGLAS AVENUE WITHIN TEE SAID CITY, AS
CONTEWPIATED BY RESOLUTION OF INTENTION
NO, 509.*',
'which was duly passed and adopted by the said City Council,
approved and signed by the 'Kayor of said C a�ud attested
by the City Clerk of said City, all at e�aW �` meeting of
the said Council held on the 24th day of October , 1840,
and that the same was so passel —and adopteT by the fo owing
vote :
ASS: Councilmen —_ Reeser, Love. Selby* and Mayor Binder
r
NOES: Councilmen None
s
ABSENT: Councilmen Gerow
I do hereby further certify that pursuant to the
provisions of Section 878 of Act 5233 of the General Laws of
the State of California (Deering 1823 Edition) as amended to
date, that the foregoing Ordinance No. 237 was duly and
regularly published according to law an$ the order of the
City Council of said City in the S1 Seatl- ndn IT -f-AI H A t no (-
newspaper of general circulation printed, published andvVL��
circulated within the said City, and that the same was so
published therein on the following date, to -wit:
October 24th. 1940 .
WITNESS my hand and the seal of said City this
25th day of October , A. D ., 1840,
'Xj� vl��
—City Clerk of the C
El Segundo, California.
1 5164
111
T
'STATE OF CALIFORNIA,
COUNTY OF LOS ANG£1_ES,sz.
CITY OF EL SEGUNDO, JJiii
„Frank L. Snow _.. ..__...._......__being first duly sworn, deposes and says- That.'Ae
Is, and at all of the times hereinafter mentioned was, a citizen of the 'United States of Amerlaa; over
the age of eighteen years, and a resident of the County of Los Angeles, State of California; that %be
was, at, and during all of the time of the publication of the instrument hereunto attached the_
_.. „...__...,_.„ Editor
and publisher of EL SEGUNDO HERALD, s newspaper of general circulation, printed, ptlb-
ltshed and circulated WEEKLY in the City of El Segundo, In said County and State; that said nosra-
paper bad been so printed, published and circulated at regular intervals of one week for more th4A one
Year immediately preceding the publication of the instrument hereunto annexed; that said newspaper Ia.
and was, at all of the times herein mentioned, a newspaper of general circulation within the ins' aming
of Section 4.160 of the ralitIeai Code of the State of California; that as provided by said aectlen,, ;aid
newspaper Is published for the dissemination of local or telegraphic news and intelligence of a renaral
character, having a bona fads subscription list of paying subscribers; that said newspaper is mot and
was not at any of the times herein referred to, devoted to the Interests, or published for the enter-
tainment or instruction of a particular class, profession, trade, calling, race or denomination, or for
any number of such classes, professions, trades, railings, races or demonlnations, and that said news-
paper Is not devoted to or published for, nor was It at any of the times herein mentioned devoted to
or published for the purpose, wbother avowed or otherwise, of entertaining or Inatructing such clsbaes,
professlona, trades, callings, races or denominations, or any of such classes, professions, trades call-
ings. races or denominations.
That the notice, order, ordinance, resolution or Instrument hereunto attached on pace._..... numbered
hereof in all respects, Including subject matter, and size and arrangement of type, Is a fall, true, and
correct copy of the said notice, ordinance, resolution or Instrument, in words and figures exactly as
Published; that the same was set and printed In type not smaller than nonpareil and that the body of
the same was preceded with words -printed In black -face type not smaller than nonpareil, describing
and expressing In general terms the purpose and character of the notice, order, ordinance, resolution
or Instrument intended to be published, as will appear from an inspection of the said annexed lustru-
Ordinanoa No. 237
went: that the .......... „._ _�_. .__._._. __... ...._ .._.,....,.._._...._...._
of which the annexed Ia a printed copy as berelnabove stated, was published and printed In said news -
pap�r i�teast _._P0 LPA..._ e®h._.... by ...... ..._ ..... pubIicatiou.. . on the
_.._. __. day of _..QIit9.ber. ...... ....... ...., A D. 19 ._, __ __... »....._.. +
. Thursday. _ »0.:tober._v�-,__1940 .... __.....__._ -.._
'.... .... ....... ............ »._ ........ ... ...._..„ ....... .._._..._„__._. ....... ......._...._._..............„................. ._.._. „c_w_..._ „..........__...
Subscribed and sworn to before me thisQ....
day of ..... „..., A. D. 1
of the City of ndo, Co y
of Los Angeles, State of Califor
By.... ................... _....._........................ - _.._..._..._,.
Deputy City Clerk of Said City.
s
112
CIVIL
ENGINEERING
DCAGROUP
CORPORATE
714 West Olympic Blvd,
Suite 700
Les Angeles, CA
90015 -1472
213 250-0118
BRANCH
17625 Crenshaw Blvd.
Suite 300
Torrance, CA
90504-3465
310 327 -0018
Fax 310 327 -0175
Orange County
949 753 -8100
4 March 2014
Monica Harley
Manager, Sector Real Estate
One Space Park Drive, M /S: S/K02610
Redondo Beach, California 90278
Re: Northrop Grumman Systems Corporation Owned Land, City of El Segundo
Dear Monica,
DCA Civil Engineering Group ( "DCA ") has completed its Civil
Engineering Technical Advisory Review of the Northrop Grumman Systems
Corporation ( "NGSC ") owned 82 acre parcel of land located in the City of El
Segundo ( "CityES "). The NGSC ownership boundary is shown on Exhibit Map in
TAB 1 in DCA's attached "Street Dedication and Vacation Report".
DCA has discovered historical errors in the chain of Title affecting a 100
foot wide portion of Douglas Street. For reasons explained below, the public
street easement over this portion of Douglas Street expired in 2009. DCA has also
discovered certain easements affecting the remaining NGSC property that DCA
believes have expired or have been vacated but never properly recorded. DCA
recommends that NGSC clear up Title to its property and request corrections to the
public street dedication.
Below is DCA's analysis and recommendation. A detailed explanation is
provided in DCA's attached "Street Dedication and Vacation Report" along with
pertinent maps and documents.
Douglas Street Dedication:
A 100 -foot wide strip of land, located within the NGSC owned site, has been used
and. improved for many years (and continuing today) as the public street known as
"Douglas Street ". The original public street easement over this area was granted by
the United States Government to the CityES in 1959 and expired in 2009. The
United States Air Force granted a new public street easement to the CityES over
CIVIL ENGINEERING o LAND PLANNING n LAND SURVEYING & MAPPING ■ UTILITY PLANNING wwwAcacivileng.com
i ! sa"M_ area i7} iisijy, nCtw_ , dWs t 0'- ho� U iI de s' i
P of land had previously been conveyed
by the Unites States Government to a private party (Rockwell International) in 197/14. In effect,
the 2009 USAF easement grant attempted to convey an easement over property it no longer
owned.
DCA Recommendation.
In order to restore that portion of Douglas Street back to public street right -of -way, DCA
recommends that NGSC have prepared the appropriate documents and exhibits for
highway dedication and requests the City for acceptance of the Offer of Dedication by
Resolution. The location of this area and DCA's proposed dedication document, with legal
description and Exhibit Map, are located in TAB 6 in DCA's attached "Street Dedication
and Vacation Report".
Public Street Vacation Not:
A 150 foot wide portion of a 1940 CES public street easement crosses through the NGSC
Campus in an east -west direction. The terms of the original easement, dated December 11, 1940,
provides that if the easement area is not used for public street purposes, the easement reverts back
to the property owner. This area has never been improved, maintained or used as a public street.
Instead, for decades, this area has always been improved with buildings and structures, as well as
paved parking areas and vehicular and pedestrian circulation corridors, all of which has always
been actively used in NGSC Campus operations, including up to the present day. For those
reasons DCA believes the aforementioned CES easement is no longer in effect.
DCA Recommendation:
In order to create a public record and clarify the boundaries of the NGSC owned property,
DCA recommends that NGSC requests the City to formally vacate the area in question by
Resolution. DCA's proposed legal description and Exhibit Map for this area are in
DCA's attached "Street Dedication and Vacation Repoit".
Public Street Vacation No.2:
In 1940, via CES Ordinance No. 237, the City vacated the 90 foot wide and 60 foot wide
portions of two CES public street easements (dating from 1939 and 1934, respectively) through the
NGSC Campus in a east -west direction. DCA believes that while the Ordinance was enacted, it has
never been recorded.
www.dcacivileng.com
17625 Crenshaw Blvd. a Suite 300 a Torrance w CA 90504 -3465 a Tel: (310) 327 -0018 a Fax: (310) 327 -0175
114
DCA Recommendation:
In order to create a public record of this prior CES approved Vacation, DCA recommends
that NGSC requests the City to record the aforementioned Ordinance. A copy of CES
Ordinance No. 237 is in the attached Report.
Please call or email if there are any questions or if additional information is needed.
Very T ly Yours,
►;CA CIVIL E GINEERING GROUP
Karl M. Rietner
kriemer @dcacivileng.com
Attachment: RCA's "Street Dedication and Vacation Report"
www.dcaclvileng.com
17625 Crenshaw Blvd. n Suite 360 a Torrance is CA 90504 -3465 a Tel: (310) 327 -0018 a Fax: (310) 327 -0175
115
1 it i rift
ENGINEERING
UUAGROUP
Street Dedication and Street Vacation Report
Civil Engineering Technical Advisory Review
Regarding Northrop Grumman Systems Corporation
El Segundo Campus
Prepared for.
Northrop Grumman Systems Corporation
Space Park Drive, M /S: S/K02610
Redondo Beach, CA 90278
Prepared by:
DCA Civil Engineering Group
17625 Crenshaw Blvd., Ste 300
Torrance, CA 90504
Tel. 310 -327 -0018
Fax. 310- 327 -0175
March 4, 2014
116
Street Dedication and Street Vacation Report
CONTENTS
1 PURPOSE ................................................................................................................. ..............................2
2 FINDINGS AND RECOMMENDATIONS ........................................................... ..............................2
A EXPIRED DOUGLAS STREET EASEMENT ............................................... ..............................2
B PREVIOUS CITY VACATED STREET EASEMENTS ................................ ..............................3
C CITY PUBLIC STREET EASEMENT THAT DCA BELIEVES HAS TERMINATED .........3
3 AFFECT ON PUBLIC UTILITY INFRASTRUCTURE ...................................... ..............................4
_4
TAB1 ................................................................................................. ............................... DCA Exhibit Map
TAB 2 .................. ............................... ............................DCA Proposed Douglas Street Public St Easement
TAB 3 ..... ............................... Expired City Douglas St Easement (Doc #3186, Book D438 Page 867 O.R.)
TAB 4 ..................... ............................... U.S.A. Grant of Douglas St Easement (Inst. # 20090619863 O.R.)
TAB 5 ........... ............................... "150 Foot Wide" City Public St Easement (Book 18080 Page 278 O.R.)
TAB 6 ..............DCA Proposed Legal Description/Exhibit Map for Partial Vacation of Public St Easement
TAB 7 .............. ............................... " "90 Foot Wide" City Public St Easement (Book 16756 Page 115 O.R.)
TAB 8 .............. ............................... "'60 foot Wide" City Public St Easement (Book 12672 Page 114, O.R.)
TAB 9 ................................ ............................... ...........................1940 City Street Vacation Ordinance #237
TAB 10 .............................. .........................U.S.A. Deed to Rockwell International Corp. (Inst.# 308, O.R.)
TAB 11 ..... .......................Rockwell International Corp. Deed to Northrop Corp. (Inst.# 78- 1414356, O.R.)
TAT 1.1 TTc't_'�_ T,1__'7.—*__ TN_________c_ ::__. T
1 (ld 1L ............... ............................... UL1ll LY rd 111L1UJ 1. JUUU1UQ11LQL1ULL. L.ri. I-UUULY LJG.IL Ul t UU11G YY 111115
TAB 13 ............................ ........................Utility Facilities Documentation: L.A. County Sanitation District
TAB 14 .......................L.A. County Sewer Easements (Book 18028 Page 79; Book 28561 Page 168, O.R.)
TAB 15 ....................................... ............................... Utility Facilities Documentation: Time Warner Cable
TAB 16 ... ............................... ......................Utilities Facilities Documentation: Southern California Edison
TAB 17 .................................... ............................... ......................Utilities Facilities Documentation: AT &T
TAB 18 ......... .................................... Utilities Facilities Documentation: Southern California Gas Company
1
117
Street Dedication and Street Vacation Report
At the request of Northrop Grumman Systems Corporation ( "NCSC''), DCA Civil Engineering
conducted an investigation regarding City of EL Segundo ( "City ") public street easements located
within NCGS's approximate 82 acre El Segundo property ownership, as shown on DCA's Exhibit
Map in TAB 1 herein. This report summarizes the results of DCA's investigation into this matter,
as well as DCA's recommendations to clarify Title issues resulting therefrom.
2 FINDINGS AND RECOMMENDATIONS
A) EXPIRED DOUGLAS PUBLIC STREET EASEMENT
A portion of a 100 foot wide strip of land improved and used for many years (and continuing
today) as "Douglas Street" is located within the NGSC ownership. This area is shown as Item F
on RCA's attached Exhibit Map in TAB 1.
However, the City public street easement over this area expired in 2009 per the deed that created
the easement. That deed was recorded April 20, 1959 as Instrument No. 3186, Book D438, Page
867, Official Records of Los Angeles County a copy of which is in TAB 3 (see area highlighted
in this document for the expiration clause).
Background: The Douglas Street easement not only expired in 2009 over the aforementioned
portion of the NGSC owned property, but also over property owned by the U.S.A. (Los Angles
Air Force Base) abutting and located south of the NGC property. Accordingly, in a deed
recorded on April 28, 2009 as Instrument No. 20090619863, Official Records (copy attached in
TAB 4), the U.S.A. renewed the expired City Douglas Street public street easement by granting
same to the City for a period of 25 years.
However, the legal description for the public street easement in the U.S.A. grant included not
only that portion located on the U.S.A. owned property but also, inadvertently, that portion
located on the NGSC owned property. To better under this, the ownership history of the portion
of the 2009 U.S.A. Douglas Street dedication grant that is located on NGSC property ( "PIQ ") is
relevant, and is as follows:
Via deed, Instrument No. 308, recorded March 21, 1974, Official Records of Los Angeles
County (copy in TAB 10), the U.S.A. granted the PIQ to Rockwell International
Corporation.
Via deed, Instrument No. 78- 1414356, Official Records of Los Angeles County (copy in
TAB 11), Rockwell International Corporation granted the PIQ to Northrop Corporation
along with the remainder of the current NGCS 82 acre ownership. This is the current
vesting deed for that ownership.
Obviously, the U.S.A. could not grant an easement over property (the PIQ) in 2009 that it had
previously deeded to Rockwell International Corporation in 1974 (and afterwards, in 1978,
Rockwell deeded that property to Northrop).
2
118
Street Dedication and Street Vacation Report
DCA RECOMMENDATION
Request that the City accept a Public Street Easement from NGSC over the expired
portion of "Douglas Street" described above. DCA's proposed legal description and
exhibit map for this easement, along with the City "Irrevocable Offer to Dedicate" form,
is in TAB 2.
B) PREVIOUS CITY VACATED PUBLIC STREET EASEMENTS
There are portions of two City public street easements that cross over the NGSC ownership in a
east -west direction as follows:
A 90 -foot wide public street easement recorded July 10, 1939 in Book 16756, Page 115,
Official Records of Los Angeles County (copy in TAB 7). The portion of this easement
that crosses over the NGSC ewncrslrlp is depicted as the cross- hatched portion of Item A
on DCA's Exhibit Map in TAB 1. lka - -Ms.rp e A"pDS
An abutting 60 -foot wide public street easement recorded in 1934 in Book 12672 Page
114, Official Records of Los Angeles County (copy in TAB 8). The portion of this
easement that crosses over the NGSC ownership is depicted as the cross - hatched portion
of Item B on DCA's Exhibit Map in TAB 1.
On October 24, 1940, via City Ordinance No. 237 (copy in TAB 9), the City vacated the
aforementioned cross - hatched portions of these two public street easements. However, per First
American Title Company, this Ordinance was never .recorded and recommends that such
recording be done in order to create a public record of the Vacation.
DCA RECOMMENDATION
Request that the City record the aforementioned City Ordinance.
C) CITY PUBLIC STREET EASEMENT THAT DCA BELIEVES HAS TERMINATED
A City public street easement, created by deed recorded January 7, 1941 in Book 18080 Page
278, Official Records of Los Angeles County (copy in TAB 5) is depicted as Item C on DCA's
Exhibit Map in TAB 1. A 150 -foot wide portion of this easement crosses over the NGSC
--. VJ25P rsl in a east -west direction and is depicted as the cross- hatched portion of Item C on
44 jg?tr:5'-'7 DCA's Exhibit Map.
This cross - hatched area has never been improved, maintained or used as a public street. Instead,
for decades, this area has always been improved with buildings and structures, as well as paved
parking areas and vehicular and pedestrian circulation corridors, all of which have always been
actively used in NGSC Campus operations, including up to the present day.
This is relevant because the aforementioned 1941 deed (Book 18080 Page 278, O.R.) includes a
clause that states that the public street easement grant is effective only "for so long as said
easement shall be used as a public street or highway" (see highlighted portion of easement in
TAB 5).
3
119
Street Dedication and Street Vacation Report
Because of the above, it is DCA's belief that the public street easement over the cross - hatched
pvr, Lion of Its. i C' on INC-1-0s Exhibit Map has termintalet.l ill. accordance wiLLi tile terms of the
easement deed. The remainder of this easement (that part of Item C not cross - hatched on DCA's
Exhibit Map) is improved as public streets (Douglas Street and Hornet Way) and therefore
remains in place as a public street easement.
DCA RECOMMENDATION
As noted, it is DCA's opinion that the portion of the City easement described above has
terminated automatically. However, in order to create a public record for same, DCA
recommends that the City be requested to approve and record a Resolution vacating this
area. DCA's proposed legal description and accompanying Exhibit Map for this vacation
area is in TAB 6.
3 AFFECT ON EXISTING PUBLIC UTILITY INFRASTRUCTURE
In order to insure that any existing public utility infrastructure located within the cross - hatched
areas of Items A, B and C on DCA's Exhibit Map in TAB 1 are protected with a utility easement,
if not already existing, DCA contacted Utility Companies and Public Agencies to determine the
following:
If Utility Company or Public Agency -owned public service infrastructure is located in
said areas and, -
If so, whether the Utility Company or Public Agency requires that NGSC grant an
easement to said Company or Agency over the land where such infrastructure exists, if an
easement does not already exist.
As noted below, the results of DCA's inquiries into this matter revealed that there would be no
affect on existing utility infrastructure within any of the areas discussed in this report, and, that
new utility easements are not needed.
DCA's contact with all Utility Companies and Public Agencies requesting this information was
via Certified Return - Receipt Mail. Backup documentation regarding that noted below is found in
the TAB referenced below for each item (i.e. copies of the Certified Return- Receipt Mail, Utility
Company/Public Agency responses, existing easements, etc.):
A) Los Angeles County Department of Public Works (documentation in TAB kS):
Agency Response: No objection
See October 16, 2012 dated LACDPW letter in TAB 10
Agency Contact: Thu Truong
Right of Way, Engineering Section
Survey/Mapping & Property Management Division
L.A. County Department of Public Works
900 South Freemont Avenue
Alhambra, CA 91803
(626) 458 -5100
4
120
Street Dedication and Street Vacation Report
B) Los Angeles County Sanitation District (documentation in TAB!):
Agency Response (paraphrased): The Sanitation District owns and operates two sewers in
the area. Both sewers cross through the project area. There are existing easements for
these sewers:
10 foot wide sewer easement recorded 1940, Book 18028, Page 79, Official
Records.
10 foot wide sewer easement recorded 1948, Book 28561, Page 168, Official
Records.
t3
See December 3, 2013 dated L.A. County Sanitation District email and map in TAB 4-Y.
Agency Contact: Ronnie Burtner
L.A. County Sanitation District
Property Management Section
Facilities Planning Development
1955 Workman Mill Road
Whittier, CA 90601
(562) 908 -4288 x 2766
rburtner@lacsd.org * f
DCA Note: a copy of both above- referenced easement documents are in TAB Band are
plotted on RCA's Exhibit Map in TAB 1 as follows:
Item G is the 10 foot wide sewer easement recorded 1940, Book 18028, Page 79
and is located within the cross hatched portion of ITEM B on DCA's
Exhibit Map
Item H is the 10 foot wide sewer easement recorded 1948, Book 28561, Page 168
and is located within the cross hatched area of ITEM C on DCA's Exhibit Map.
The other easements noted in the Sanitation District email (Easements recorded in Book
15014, Page 128, Book 15633, Page 365 and Book 29470, Page 369, all Official
Records) are not located within the NGC Campus.
C) Time Warner Cable (documentation in TAB 1j:
Time Warner Response (paraphrased): There are existing Time Warner aerial and
underground facilities within the project Iimits. Map showing location is provided.
15
See October 7, 2013 dated letter from Time Warner Cable in TAB ly
Time Warner Contact: Cary Hanson
Time Warner Cable
Construction Manager — Zone 7
1529 Valley Drive
Hermosa Beach, CA 90254
5
121
Street Dedication and Street Vacation Report
(424) -212 -6961
caiy uariSOnvtwcable.coru
DCA Note: The Time Warner map attached to the October 7, 2013 Time Warner letter in
TAB 18' shows the "project" as including not only a part of the NGC Campus but also
Douglas Street and Hornet Way. The Time Warner map shows the Time Warner
facilities within this area by a blue line. However, that blue line is not located within the
NGC Campus and therefore an easement is not required.
140
D) Southern California Edison (documentation in TAB )
SC Edison Response (paraphrased): There are facilities in the area but the structures are
customer owned (DCA Note: NGC owned) and an easement is not needed.
1&
See September 12, 2013 email from SC Edison in TAB 14.
SC Edison Contact: David Kanowsky
Southern California Edison
Service Planner
South Bay Local Planning
(310) 783 -9338 Office
(310) 339 -5520 Cell
david.kanowskyCsce.com
7
-
!
E) AT &T (documentation in TAB j6).
AT&T Response (paraphrased): Our records do not indicate any AT &T facilities that
would be adversely affected by your proposed vacation.
!i
See November 12, 2013 dated AT &T email in TAB 1,5.
AT &T Contact: Raymond Dove
AT &T
rdl9l8@att.com
F) Southern California Gas Company (documentation in TAB 16)
SC Gas Company Response (paraphrased): The only pipe in the area is a 1.25" high line
coming off Hornet Way which probably services Building A. (DCA Note: "Building A'
is located within the NGC Campus and used as part of NGC operations, thus an easement
is not required).
See September 20, 2013 dated Southern California Gas Company email in TAB 16.
SC Gas Company Contact: Zakee Singleton
Pipeline Planning Assistant
So Cal Gas - Pacific Region
Compton Headquarters
701 N. Bullis Road
Compton, CA 90224
6
122
Street Dedication and Street Vacation Report
(310) 687 -2018
ZSingleton@semprautilities.com
123