Metropolitan Transportation AuthoriEy Los Angeles, to …media.metro.net/board/Items/2015/04_april/20150430rbmitem73.pdf · 30/04/2015 · APRIL 30, 2015 SUBJECT: REGIONAL CONNECTOR

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MetroREGULAR BOARD MEETING

APRIL 30, 2015

SUBJECT: REGIONAL CONNECTOR TRANSIT CORRIDOR PROJECT

ACTION: ADOPT RESOLUTION OF NECESSITY TO ACQUIRETEMPORARY CONSTRUCTION EASEMENTS ON PARCELSRC-450, RC-451, and RC~51-1

RECOMMENDATION

A. Hold a public hearing on the proposed Resolution of Necessity.

B. Adopt the Resolution of Necessity authorizing the commencement of an eminentdomain action to acquire aboveground temporary construction easements formonitoring of subsurface grout pipe installations, and temporary constructioneasements to install, monitor and remove surface and ground movementinstruments in a portion of Parcels RC-450, RC-451, RC-451-1 (APN's 5161-017-021; 5161-017-022, 5161-017-023 and 5161-017-033 (hereinafter the "Property").

RATIONALE

As part of the Regional Connector Transit Corridor Project ("Project"), the Los AngelesCounty Metropolitan Transportation Authority ("LACMTA") requires certain temporaryconstruction easements on the Properly (See Attachment "A"). A written offer waspresented to the Tenants of Record (hereinafter "Tenants"), as required by CaliforniaGovernment Code Section 7267.2. The parties have been unable to reach anegotiated agreement. Because the temporary construction easements on theProperty are necessary for construction of the Project, staff recommends theacquisition of the temporary construction easements through eminent domain. None ofthe work contemplated under the temporary construction easements will causedisplacement or significantly impede the operations of the Tenants.

In accordance with the provisions of the California Eminent Domain law and Sections30503, 130220.5 and 132610 of the California Public Utilities Code (which authorize thepublic acquisition of private property by eminent domain), LACMTA has prepared andmailed notices of this hearing to the Tenants informing them of their right to appear atthis hearing and be heard on the following issues: (1) whether the public interest andnecessity require the Project; (2) whether the Project is planned or located in themanner that will be most compatible with the greatest public good and the least privateinjury; (3) whether the Property is necessary for the Project; and (4) whether either theoffer required by Section 7267.2 of the Government Code has been made to the Owner,or the offer has not been made because the Owner cannot be located with reasonablediligence.

Attached is evidence submitted by staff that supports adoption of the Resolution thathas been approved by counsel, and which sets forth the required findings (Attachment"B"). After all of the testimony and other evidence has been received by the LACMTAfrom all interested parties, the LACMTA must make a determination as to whether toadopt the proposed Resolution of Necessity (Attachment "C") to acquire the Property byeminent domain. In order to adopt the resolution, the LACMTA must, based upon allthe evidence before it, and by a vote of finro-thirds of all the members of its governingbody, find and determine that the conditions stated above exist.

DETERMINATION OF SAFETY IMPACT

This Board action will not have an impact on safety standards for Metro.

FINANCIAL IMPACT

This project is funded by Measure R 35% backed TIFIA loan, and a combination ofvarious local and state grants and Federal grants. The funding to acquire the Property isincluded in the approved fiscal year 2015 project budget, under Measure R ProjectRegional Connector Transit Corridor Project 860228, in cost center 8510 (ConstructionProcurement), account number 53103 (Acquisition of Land). This has no impact tooperations eligible funds.

NEXT STEPS

If this action is approved by the Board, the LACMTA's condemnation counsel will beinstructed to take all steps necessary to commence legal proceedings in a court ofcompetent jurisdiction to acquire the temporary construction easements by eminentdomain. Counsel will also be directed to seek and obtain an Order of PrejudgmentPossession in accordance with the provisions of the eminent domain law.

ATTACHMENTS

A. Site PlanB. Staff ReportC. Resolution of Necessity

Prepared by: Velma C. Marshall, Deputy Executive Officer —Real Estate(213) 922-2415

Dave Means, Executive Officer — Countywide Planning andDevelopment(213) 922-2225

Calvin E. Hollis, Managing Executive O~cer- CountywidePlanning and Development(213) 922-7319

Regional Connector Transit Corridor Project Page 2

'~~'~ ~,~

Martha elborne, FAIAChief Planning Officer

teph ie N. iggiInterim Deputy Chie ecutive Officer


ATTACHMENT A

Japanese Village Plaza

335 East 2"d Street Los Angeles, CA 90012

APN's: 5161-017-021, 5161-017-022, 5161-017-023 and 5161-017-033

RC-450, RC-451, and RC-451-1

Regional Connector Transit Corzidor Project Page 4

ATTACHMENT B

STAFF REPORT REGARDING THE NECESSITY FOR THE ACQUISITION OFTEMPORARY CONSTRUCTION EASEMENTS ON PARCEL NOs. RC-450, RC-451,~ RC-451-1 (THE "PROPERTY") FOR THE REGIONAL CONNECTOR TRANSIT

CORRIDOR PROJECT.

BACKGROUND

The Property is required for the construction and operation of the Regional ConnectorTransit Corridor Project ("Project"). The address, tenants, and nature of the propertyinterest sought to be acquired for the Project are summarized as follows:

Parcel Owner/Tenants Property Interests) LACMTAAddress/Units Sou ht Parcel #

335 East 2 (see list below) Tem ora RC - 450Street, Los Construction RC — 451Angeles, CA Easements RC — 451-190012114 Tokyo Japanese Lifestyle116 Sushi &Teri118 M ikawaya120 Frying Fish122 Oiwake Restaurant124 Nijiya Market130 Make Asobi134 Cafe Dulce139 Zakanaka, Inc.141 Song Nam An (The Hob Nob Shop)

329 Jason Markk, Inc.

333 Kula Revolving Sushi Bar

341 Little Tokyo Cosmetics

343 Popkiller 2

345 Teishokuya of Tokyo

347 Hama Sushi Restaurant

349 Pop Little Tokyo

351 Restaurant Komasa

S61 PKG Modern Parking

Written offers for the required property interests on Parcels RC-450, RC-451, and RC-451-1 (the "Property") were mailed to the Tenants by letter dated February 25, 2015.Staff has attempted to engage in negotiations with the Tenants. To date, the offershave not been accepted.


A. The public interest and necessity require the Proiect.

The public interest and necessity require the Project for the following reasons:

1. The existing population and employment density in the Regional Connector TransitCorridor ("Corridor") is higher that the surrounding County demographics, and is highlytransit dependent. The Corridor population density is approximately two-and-a-halftimes higher than Los Angeles County as a whole. The Corridor has a very highconcentration of low-income, minority, transit-dependent residents. More than 39percent of all Corridor households are below the poverty threshold. 83 percent ofCorridor residents are considered minorities, and 60 percent of all households in theCorridor do not have access to an automobile. The Project will provide significantimprovements in transportation and attendant access to economic and employmentopportunities for low-income, elderly, transit-dependent persons living in the Corridorarea.

2. The Project would connect the Metro Gold, Blue, and Expo Lines throughdowntown Los Angeles, enabling passengers to travel the region's largest employmentcenter on Metro's light rail transit (LRT) system without the need to transfer. Byproviding continuous through service between these lines, the Project will improveaccess to both local and regional destinations — greatly improving the connectivity of thetransportation nefinrork for the region.

3. The Project will offer an alternative transportation option to congested roadways andprovide significant environmental benefits, economic development, andemployment opportunities throughout the Corridor and Los Angeles County as a whole.

4. The Project will enable Los Angeles County rail to operate more efficiently and attracthigher ridership, thereby reducing congestion, improving air quality and lesseningthe regional carbon footprint. By linking several LRT systems through Downtown LosAngeles, the Project will significantly increase regional mobility.

It is recommended that based on the above evidence, the Board find and determine that thepublic interest and necessity require the Project.

B. The Project is planned or located in the manner that will be most compatiblewith the greatest public Good and least private iniurv.

On September 3, 2010, a Draft Environmental Impact Statement/ Draft Environmental ImpactReport (DEIS/DEIR) was circulated and reviewed by interested and concerned parties,including private citizens, community groups, the business community, elected officials andpublic agencies. Public hearings were held to solicit citizen and agency comments. A total offive alternatives were presented in the DEIR/DEIST No Build, Transportation SystemsManagement (TSM), and three build alternatives utilizing Light Rail Transit (LRT)technology -Fully Underground, Underground Emphasis, and At-Grade Emphasis. OnOctober 28, 2010 the Board adopted the Fully Underground LRT Alternative as theLocally Preferred Alternative (LPA), after review and consideration of the comments


received from circulation of the 2010 DEIS/DEIR. The Board certified the FinalEnvironmental Impact Statement/ Final Environmental Impact Report (FEIS/FEIR) onApril 26, 2012. A Record of Decision was received from the Federal TransitAdministration on June 29, 2012.

Various parties have challenged the FEIS/FEIR pursuant to the National EnvironmentalProtection Act ("NEPA") and the California Environmental Quality Act ("CEQA"). On May29, 2014, a federal judge held in Japanese Village LLC v. Federal Transit Administration,2:13-CV-0396-JAK (PLAx)(C.D. Cal, Complaint filed Jan. 18, 2013) that the Project fullyand properly complied with NEPA in relation to the Property, but the Court did take issuewith certain portions of the Project FEIS that are unrelated to the Property. The fact that aportion of the FEIS unrelated to the Properly was found to be insufficient does not preventMTA from approving a Resolution of Necessity and filing an eminent domain action totake interests in the Property. (U.S. v. 0.95 Acres of Land (1993) 994 F.2d 696 (NEPAcompliance is not a defense to a condemnation action); Golden Gate Land Holdings LLCv. East Bay Regional Park District (2013) 215 Cal.App.4th 353 (irregularities inenvironmental documentation do not prevent a public entity from filing a condemnationaction)). Further, while there is a pending CEQA challenge to the Project, JapaneseVillage LLC v. Los Angeles County Metropolitan Transportation Authority, No. BS137343(Los Angeles Sup. Ct., complaint filed May 21, 2012), a pending CEQA challenge doesnot prevent MTA from approving a Resolution of Necessity and the filing of an eminentdomain action to take the Property. (Golden Gate, 215 Cal.App.4th at 376-377; SantaMonica Baykeeper v. City of Malibu (2011)193 Cal.App.4th 1538, 1547).

The Project is a Fully Underground LRT dual-track alignment, which will extend from theMetro Gold Line Little Tokyo/Arts District Station to the 7th StreeUMetro Center Station indowntown Los Angeles, allowing passengers to transfer to the Blue, Expo, Red, and PurpleLines, bypassing Union Station. The 1.9-mile alignment will serve Little Tokyo, the ArtsDistrict, Civic Center, the Historic Core, Broadway, Grand Ave, Bunker Hill, Flower St., andthe Financial District, and will benefit the City of Los Angeles and portions ofunincorporated Los Angeles County. The Project includes three stations:

1st Street/Central Avenue2nd Street/Broadway2nd Place/Hope Street

The Corridor has some of the highest population and employment density in theSouthern California region, as well as the highest proportion of transit ridership. Nosignificant expansion of existing freeway and street networks is planned toaccommodate this density and future expected growth. During various communitymeetings, the residents of the Corridor area expressed their need for improvedtransit service because many are transit-dependent and need better access to theregion's educational, employment, and cultural opportunities. The Locally PreferredAlternative (LPA) addresses those needs and moves more people in a way that is energyefficient and with the least environmental impact.


The Project will cause private injury, including the use of certain Tenant private property.However, no other alternative locations for the Project provide greater public goodwith less private injury. Therefore, the Project is planned or located in the manner thatwill be most compatible with the greatest public good and the least private injury.

Due to its bulk, the FEIS/FEIR is not physically included in the Board's agenda packetfor this public hearing. However, the FEIS/FEIR documents should be considered inconnection with this matter. It is recommended that, based upon the foregoing, the Boardfind and determine that the Project is planned or located in the manner that will be mostcompatible with the greatest public good and the least private injury.

C. The Proaertv is necessary for the Project.The Property is needed for the construction and operation of the tunnel alignment whichconnects the Red Line 7tn and Metro Station and Little Tokyo Gold Line Station Site.The Property requirements are based on the approved FEIS/FEIR for the Project.The Project requires aboveground temporary construction easements for themonitoring of the installation of grouting pipes, and temporary construction easementsto install, monitor and remove surface ground movement instruments. Staff recommendsthat the Board find that the acquisition of the temporary construction easements on theProperty are necessary for the Project. None of the work contemplated under the temporaryconstruction easements will cause displacement or significantly impede the operations ofthe Tenants.

D. Offers were made in compliance with Government Code Section 7267.2

California Code of Civil Procedure Section 1245.230 requires that a Resolution ofNecessity contain a declaration that the governing body has found and determined thateither the offer required by Section 7267.2 of the California Government Code has beenmade to the Owner, or the offer has not been made because the Owner cannot belocated with reasonable diligence.

California Government Code Section 7267.2 requires that an offer be made to theOwner and in an amount which the agency believes to be just compensation. Theamount must not be less than the agency's approved appraisal of the fair market valueof the Properly. In addition, the agency is required to provide the Owner with a writtenstatement of, and summary of the basis for, the amount it established as justcompensation.

Staff has taken the following actions as required by California law for the acquisition ofthe Property:

Obtained appraisals to determine the fair market value of the temporary constructioneasements;

2. Reviewed and approved the appraisals, and established the amount it believes to bejust compensation;


3. Determined the Tenants with ownership of the interests at issue by examining the countyassessor's record and the title report, the rent rolls for Japanese Village, LLC, and byreviewing a list of tenants provided by Japanese Village, LLC;

4. Made a written offer to the Tenants for the full amount of just compensation -which wasnot less than the approved appraised value; and

5. Provided the Tenants with a written statement of the basis for, the amount established asjust compensation.

It is recommended that the based on the above Evidence, the Board find and determine that theoffers required by Section 7267.2 of the California Government Code has been made tothe Owner.

CONCLUSION

Staff recommends that the Board approve the Resolution of Necessity.


ATTACHMENT C

RESOLUTION OF THELOS ANGELES COUNTY METROPOLJTAN TRANSPORTATION AUTHORITYDECLARING CERTAIN PROPERTY INTERESTS NECESSARY FOR PUBLICPURPOSES AND AUTHORING THE ACQUISITION THEREOF (REGIONALCONNECTOR TRANSIT CORRIDOR PROJECT PARCELS RC-450, RC-051,

AND RC-051-1)

THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATIONAUTHORITY HEREBY FINDS, DETERMINES, AND RESOLVES AS FOLLOWS:

Section 1.

The LOS ANGELES COUNTY METROPOLITAN TRANSPORTATIONAUTHORITY ("LACMTA") is a public entity organized and existing pursuant to Chapter2 of Division 12 of the California Public Utilities Code (commencing with Section 130050).

Section 2.

The property interest described hereinafter is to be taken for public use, namely,for public transportation purposes and all uses necessary, incidental or convenientthereto, and for all public purposes pursuant to the authority conferred upon theBoard to acquire property by eminent domain by California Public Utilities CodeSections 30000-33027, inclusive, and particularly Section 30503 and 30600,Sections 130000-132650, inclusive, and particularly Sections 130051.13 and130220.5, Code of Civil Procedure Sections 1230.010-1273.050, inclusive, andparticularly Sections 1240.510 and 1240.610, and Article I, Section 19 of theCalifornia Constitution.

Section 3.

The properly interest consists of aboveground temporary constructioneasements for the monitoring of the installation of grouting pipes, and temporaryconstruction easements to install, monitor and remove surface ground movementinstruments and noise and vibration equipment as described in the attached Exhibit "A"Legal Descriptions, and as depicted on the Plat Maps attached hereto as Exhibit Battached hereto (hereinafter, the "Property"), all of which are incorporated herein by thisreference.

Section 4

(a) The acquisition of the above-described interests are necessary for thedevelopment, construction, operation, and maintenance of the Regional Connector


Transit Corridor Project ("Project");

(b) The environmental impacts of the Project were evaluated in the FinalEnvironmental Impact Statement/Final Environmental Impact Report (FEIS/FEIR)for this Project which was certified by the Board on April 26, 2012. The Boardfound that in accordance with the California Environmental Quality Act Guidelines,Section 15162, no subsequent or supplemental Environmental Impact Report isrequired for the Project; and

(c) The Board has reviewed and considered the FEIS/FEIR, before andas part of the process of determining whether to acquire the above-referencedProperly.

~artinn

The Board hereby declares that it has found and determined each of thefollowing:

(a) The public interest and necessity require the proposedProject;

(b) The proposed Project is planned or located in the manner that will bemost compatible with the greatest public good and the least private injury;

(c) The Property sought to be acquired, which has been described herein, isnecessary for the proposed Project; and

(d) The offers required by Section 7267.2 of the Government Code have beenmade to the Tenants.

Pursuant to Sections 1240.510 and 1240.610 of the Code of Civil Procedure, tothe extent that the Property is already devoted to a public use, the use to which theProperty is to be put is a more necessary public use than the use to which theProperty is already devoted, or, in the alternative, is a compatible public use which willnot unreasonably interfere with or impair the continuance of the public use to whichthe Property is already devoted.

Section 7.

That notice of intention to adopt this resolution was given by first class mail toeach person whose property interest is to be acquired by eminent domain in accordancewith Section 1245.235 of the Code of Civil Procedure and a hearing was conducted by theBoard on the matters contained herein.


Section 8.

Legal Counsel is hereby authorized and directed to take all steps necessary tocommence legal proceedings, in a court of competent jurisdiction, to acquire theproperty interests described above by eminent domain. Counsel is also authorizedand directed to seek and obtain an Order for Prejudgment Possession of saidProperty in accordance with the provisions of the eminent domain law and isdirected that the total sum of probable just compensation be deposited with the StateTreasurer or the Clerk of the Superior Court. Counsel may enter into stipulated Ordersfor Prejudgment Possession and/or Possession and Use Agreements, where suchagreements constitute the functional equivalent of an Order for PrejudgmentPossession. Counsel is further authorized to correct any errors or to make or agreeto any non-material changes to the legal description of the real property that aredeemed necessary for the conduct of the condemnation action or other proceedings ortransactions required to acquire the Property.

Counsel is further authorized to compromise and settle such eminent domainproceedings, if such settlement can be reached, and in that event, to take all necessaryaction to complete the acquisition, including stipulations as to judgment and othermatters, and causing all payments to be made. Counsel is further authorized toassociate with, at its election, a private law firm for the preparation and prosecutionof said proceedings.

I, MICHELLE JACKSON, Secretary of the Los Angeles County MetropolitanTransportation Authority, do hereby certify that the foregoing Resolution was duly andregularly adopted by a vote of finro-thirds of all the members of the Board of theMetropolitan Transportation Authority at a meeting held on the 30~' day of April 2015.

Date:MICHELLE JACKSONLACMTA Secretary

ATTACHMENTS

1 -Legal Descriptions (Exhibit "A")2 -Plat Maps (Exhibit "B")


Imo:(: ff=~j~'~_l


EXHIBTT "Af5

LEG.~L DESCRII'TTON FOR SUB~URFAC~ EASEME1~iT PUI~.f'C3SE~PARCEL NUMBER RC-450

A PORTIQN GF LOT 2 QF TRACT MAP NQ. 3421 I, iN THE CITY OF LOS ANfiiEL.ES, COUNTY ~FLOS ANGELES, STATE Off' GALIFORMA, AS PER itdAP f~ECQRD~D 1N BOOTS 88~, PAGES 30 AND31 OP MAPS. IN THE OFFICE OF TÌ~ COUNTY RECORI}ER OF SAID COUNTY AS AMENI>ED BY''HOSE CER`T'AIN CERTIFICATES 4F GQRREETION RECORTy~D D~CE1ViBER 5, 1178 AS

IN~TRLTMEN'~' ND. 78-13 2747, DECEMBER 11, 1879 AS INSTRiJMENT NO. 79-1389849 AIVD(3CTOBER t, 19$1 AS INSTRUMENT NQ. 51-977503, IN THE QFFIGE OF THE GOU~T'Y REGC4RI}EROF SAID COUNTY, I3ESCRIBED A:S FOLLOWS:

EEGINNIl~TG AT THE MOST WESTERLY CORNER OF SAID LOT 2, SAID CORIv'ER ALSQ BE1NGIN T~ NORTHEASTERLY LUTE OF 2ND STREET, 86A0 FEET WIDE, AS SHOWN IN SAID TRACTiVIAP; TF~NCE iV38°27'5&"E 1 .91 FEET TO THE BEGINNING QF A NON-TAI4TGENT CURVEC~NeAVE NORTI~ASTERLY AND HAVIIvG A RADNS OF 584.00 FEET, A RADIt1L LAVETT3ROUGH SAID POINT BEARS S28°48'8"W; '~HHENGE SQIJTI~ASTERLY A.LOi`~IG SAID CURVEAN ARC LENGTH ilF' 94.51 FEE~C THEtUUGH A GEIVTRAI. ANGLE OF' 49°45'47"; THENCES38°26`47"W 15.70 FEET; TT~NCE S83°26'47"W 31.30 FEET; THENCE S38°2&'47"W 4.00 FEET T(?SAID NORTI~ASTERLY LINE; THENCE ALONG SAID IvC}RTHEASTERLY LINE N51°33'13"W74.{ 9 FEET T(D THE POINT OF BEGINNING.

EXC~PTLNG Ah'D RESERVING ALL 141L, GAS, AND OTHER HYDROCARBON SUBSTANCES INAN~I3 UNDER ALL f)F THE ABOVE DESCRIBED ~22EAL PROPERTY, BUT WITH~LTT ANY FIGHTTO PENETRATE. USE (7R DISTURB SAID PROFBRTI' WITHII*I ~QO FEET DF THE SURFACETHEREOF, AS EXCEPTED AND RESERVED BY KAWASAKI CC7MPANY, A CORF~RA'IÌ(?N, INDEED RECORDED NLY 2b, i471 AS INSTRUI6~N'T NO.3'81 O~ OFFICIAL ItECORI3S.

TH.E UPPER ELEVATIC?l'~t LIlI~ITT OF THE SUBSUI~F~CE EASEMENT HEREII~T DESCRIBED IS ADIAEiOtiIAL PLANE RANGING FROIt'f AN AVERAGE ELEVATIC)N dF +Z~k6 FEET T~? +~4~ ~~TMEANT SEA LEVEL PER TIC CITY i7F LO5 ANGELES BENCF3 MARK NQ. 12-03189. THISEASEMENT IS APPRO~£IMATELY 22 FEET Tf7 i6 FEET BELOW FINISH GRADE (SURFACEELEVATION}. THESE DEPTH ELEVATI42v5 WERE. DETERMINED FROM THE L.A. METROREGIONEYL CONIVEGT~R TR.AIVSIT ~QRRII>OR PROJECT FREI,IMINAI2I' ENGINEERII~TG PLANS.

CONTAINSr 2,352 S(ZUARE FEET.

NOT~;>THIS LEGAL DESCRTPTI~N WAS NOT PREPARED FOR ANY PURI't}SB T~IE1T WOiJLI} BE INVI(]LAT'ION QF THE S'TATÈ OF ~ALIFgRNIA SUBDNISION Mt~1F ACT OR LOCAL ORDINANCES~F' TIDE GOVERNING B(7L)Y HAVING JURISF3ICTIQN:

PREPARED BY:

~fZC.I_~ {..C~ fay.^ ~ f ~a~'~ CyiE~ $U~~~S`CE I-LP~NIEA. WAGNER; P.1~.S. 5752 ° ~L~~4~`~ ~'~G~~~p\,

/~Y f~f~ f ~ !~lo. 5752 ~~

DATE: ,f ,.

GAS


E~LHIBIT cÀ'°

LEGAL DESCRIPTION FOR SIJSSURFACE EASEMENT PURPOSESP.ARGEL NUMBER RC-451

A PfJRTI4~t OF LOT 1 OF TRACT MAP NO. 3021 I, 1N TF~ CITY OF LOS ANGELES,. COUNTY OFLOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN B(?OK 885 PAGES 3Q A1VD3I OF MAPS, N TF~ OFFFCE OF TIC COUNTY RECORDER ~F SAID COUN'T'Y, DESCRIBED ASFOLLOWS:

COMII+IENGING AT THE Mf}ST SOU'PHERL~ CORNER OF SA.II~ LOT 1, SAID CURl~IER ALSOBEING iN THE NORTF~ASTERLY LINE 4F Z1VD STREET, 60.00 FEET WADE, AS SHOWN IN SAIL}TRACT MAP; TF~NCE ALO~1G SAID NORTHEASTERLY LINE AND THE SGUTHWESTERLYLINE OF :SAID LOT 1, N~ 1 °33' 13 "'4V 104.13 FEET TO THE TRITE POINT dF BEGII'~1~1ING; TEIEN~ECONTINUING AL(?NG SAID NQRTI~AS'IÈ1~LY LINE AND SAID SOUTF3WESTERLY LINE1x51°33'13"W 42.77 FEET; TC~ENCE LEAVING SAID NORTHEASTERLY LINE OF 2ND STREETAND ~I,QNG TTY NORTHWESTERLY LINE dF SAID LOT 1, 1+T38°4S'45"E 30.8J FEAT;N07°7'45"W 15.38 FEET; AND N38°6'23"E 9.37 FEET Td A POINT IN THE BEGINNING OF ANON-TANGENT CURVE GQNCAVE NORTHERLY' AND HAVING A itAT3NS t3F 584.00 FEET, ARADIAL LINE 'THROUGH SAID PAINT BEARS S16°3U'~9"W: THEl`«GE EASTERLY ALQNG SAID.CC~RVE AN ARC LE1+iGTH OR 3&8.34 FEET THROUGH A CENTRAL ANGLE OF 3b°08'16" TO APOIN''T IN THE WESTERLY LINE OF CENfiRAL AVENUE, 90.00 FEET WIDE, AS SHAWN IiiTRACT MAP NO.64995 AS PER MAP RECORDED IN BOOK 1329 PAGES 2$ TO 42 INCLI~SNE OFMAPS, IN 'I'HE O~FTCE OF THE COUNTY RECORDER OF SAID C(?UNTY; THENCE ALONG SAIDWESTERLY LINE S07°15'Q~"W 75.24 FEET TO THE BEGINNING OF ANON-TANGENT CURVE.C4NGAVE NORTHWESTERLY AI`TI] Ht1VING A RADIUS Q~' 652.0 FEET, A RADIAL LIIrIETHI2ClUGH SAID POINT BEARS Slb°38'19"'E; TF~NGE SOUTHWESTERLY ALONG SAID C'~(JR~?E~.N ARC LENGTH OF 82.77 FEET THROUGH A CEI~I'['RAL ANGLE OF Q7° 16'26." TO A PINT INTF~ BEGINNING (~F A iVON-TANGENT CURVE CUi~GAVE SOUFFIERL~ AND HAVING ARADI[,'S dF 26f/.80 FEET, A RADIP,L LINE THROUGI~ SAID PO1N`T BEARS NQ2°42'47"E; THENCEWESTERLY ALONG SAID CURVE AST ARC LENGTH OF 78.6:1 FEET TIiRtJUGH A CENTRAI.ANGLE ~F 1?°16'11" ̀I'O A Pt7INT II`T fiHE BE~IN?~tI?+~G ~F A NQN-TANGENT CURVE CONCAVENORTkiERLT' AND HAVING A Rt1DIU5 OF b52A0 FEET, A R?~DIAL LII~TTE'I'HROUGH SAID POINTBEARS S02°28'44"~; TF~NCE WESTERLY ALdNG SATE? ~L7RVE A~! ARG LENGTH: QF 1.85..40FEET TH1tOUGH A CEN'I'RAI. ANGLE OF 16°17'33" TO THE TRUE POINT OF BEGINNING, SAIDDESGRIBEB EASElV1ENT BEING ~FEGTED BY THE FQLLfJWING EX~EP'TIDNS

A. EXCEPTING AND RESERVING ALL C}II... GAS, AND OTHER HYDRQ£ARBONSUBSTA~i~ES IN AND UNDER ALL OF THE ABOVE DESCI~'ISED REAL PRQPERTir, BUTWITHOUT ANY RIGHT TO PENETRATE, USE OR DISTiJRB SAID PROPERTY ~ITHLN SQO FEETQF THE SURFACE 'TI-IEREOF, AS EXCEPTED AND RESERVED BY KAWASAKI C~MPANY~ AC{)RPORAT'ION, IN REED REC~P.DED JULY 26, 1971 AS IA~~TRU_~NT NO, 3$l 4F ~FFI~IALRECORDS.B. ALSO EXCEPTII~TG FRAM TH[1T PORTION tOF L(?T 1, AND FROM THAT PDRTION ONTHE AREA DESIGNATED "PEI3ESTRIAN t~'ALK" WfIICH LIES ̀ ?4ITHIN THE BOUNDARIES OFTHE I,.4ND I}ESCRIB~D II~t DEED RECORDED AUGUST 10; 197T A5 INSTRU~%fENT 1Y0. 42(l leiB(}QK D-51:53 PAGE 534, OF OFFICIAL RECORDS, ALL OII,, G1kS AnTD OTHER HYDROCARBONSIJBSTItItICES 1N AND iTNUER SALD REAL PROPERTI', BUT ~VIT`H~UT ANY RIGIHT TOPENETRATE, USE DR I7ISTLTR~ SAID PRQPEI~TY WIT'IIIN SOQ FEET 4F ̀ rE~ SiRFA~ETHEREOF, AS RESERVED Bl' ROY HOSHIZAKI, ET UX., IN THE DEED LAST ABOVE REFERKEDT~.


G ALSO EXCEPTING FROM TH(1SB PORTIONS t)F LO`T`S l Ai~TD 3, AND T~-TA~' PaRfiION ~FTF~ t1REA DESIGNATED "PEDESTRIAN WALK" LYING WITHIN LOT 4 AND THAT PQRTION O~MQLII~TE ALLEY AD30INING SAID LOT ~ ON THE St~UTI~AST THAT WOULD PASS WITH ALEGAL Gt?NVEYANGE OF SAID LOT 4 C)F JAMES M. DAMES SUBDIVISION QF A P~RTIGIN OFTHE J.M. DAMES TRACfi, AS FER MAP RECORDED IN BOOK 5, PAGES 6? AND S8, OF _MAPS,ALL Q1L, GAS AtiTD MINERAL SL.fBSTANCES, Tt3GETE~R WITH TIC RIGHT TD E~LORE FORAND EXTRAC:Ì' SUCH SUBSTANCES, PROVIDED THAT THE SURFACE QPENIIvG OF ANYWELL, HOLE, SHAk'T, OR OTHETi MEANS OF EXPLORING FOR, REACHING OR EXTRACTING5tJ(:.H SUBSTANCES SHALL I*t~T BB LOCATED V4ÌTHIN THE LITTLE TQKYO NE;IGHBQRHO~T)DEVELOPMENT PROGR~IM AREA. AS RECORDED IN BdOK M-345U PAGE 737, OF LOSANGELES CC3CJIVT'Y RECQRDS, STATE OF CALIFQRNIA, AI~II) SE~ALL NOT PENETRATE ANYPAKl tal~ Uit 1'Ul~Ì'IUN OF SAID PRU.IECT AREA W ITHIN 500 FEET OF THE StJRFAC:E TE~REaF,AS PROVIDEI} AND- RESERVED IN FfiTAL ORDER OF CONDEMNATION ISSUED BT' 'TIDESUPERIOR GDURT FOR THE GOiTI~TY OF LDS ANGELES, CASE NQ. C-35073, A CERTIFIEDC(}PY 'I'HERE4F ~4'AS RECORDED FEBRUARY I, 1.974 AS INSTRUI~~NT NO. 4107 (?F OFFICIALRECORDS.

Q. t~LS~, EXt;EPTING FRaM THQSE PORTIONS OF SAID LOTS 1 AND 3 ANI1 THATPORTION OF THE AREA QES[GNAI'ED "PEDBSTR[AN V~ÀLK" LXT:I~fG WITHIN L(JTS 19 AND 2QOF Wt~ODWORT`H TRACT AS PER IvfAP RECORDBD IN B04K 12 PAGE 92 OF MISCELLANEOUSRECQRDS, 1N THE OFFICE OF THE COLJ?~ITY RECt}RDER OF I.OS ANGELES Cl7UN'TY; PONDWITHII~T THAT PORTION OF LOT 8 QF THE JAMES M. DAMES SUBDIVISIO?~; OF A PORTIQN OFTHE 3.M. DAMES TRACT,. AS PER MAP RECORDED LN BOOK 5, PAGES 67 AND '68 4F MAPS, IIvT`HE OFFICE dF THE Gf}UNTY RECOLLI}ER OF SAID GOUNT~', LYING BETWEEN( THENORTHEASTERLY PRdI,4NGATI4N OF THE NORTHWESTERLY AND SOU'I`HEASTERLY LINESQF ABOVE MENTI(31YED LaTS 19 AND 20 OF 'IHE 9V~ODWaRTH TRACT, ALL OII,, GAS, ANDOTHER. HY~~7Rf)CARBON SUBSTANCES iN AND IN17EI2 ALL OF TF3E ABOVE DES~RIB~D REALPROPERfiY, BI T WITHOUT ~sNY RIGHT "TO PENETRATE, USE QR DISTURB SAID PROPERTYWITHIN 500 FEET OF THE SURFACE THEREOF, AS RESERVED BY KEI~tJI SAYAMA, A MARRIEDMAN 1/6 INTEREST BY A I?EED WHICH RECITES 'ÀS HIS SFPARfiTE PR~FERT`Y"; LEONARD Y.YAMASAKI, A MARRIED MAN, 116 INTEREST BY A DEED WHICf RECITES "AS HI~ SEPARATEAROPERI'Y"; KE1~Ti SAYAMA, A It2AIZ~ED MAN AS HIS SEPARATE PRUPERTY 1~'3 LNTÈREST,AND IN LEONARD Y. YAMt1SAKI, A MARLRIED hiA~~T AS HIS SEPr~RATE PROPERTY 1J3II~~'TEREST, RECORDEl7 DECEMBER 1, I97U AS INSTRUMENT NiO: X06 Iii T Bt)OK I7-4902 PAGE 8S7OF OFFICIAL RECORDS.

E. ALSQ EXCEPTING FROM THAI' PORTION OF SAm LOT 1 AND LOT 3, AND THATPOR'TC[JN ~~' 1`HE AREA DESIGNATED "PEDESTRIAN WALK" LYII~Tfr WITHIN T'HESOUTHWESTERLY 140 FE-ET QF THAT P(l~RTION OF LOT 3 Q~ THE JAMES M. DAMESSUBDNISION OF A PORTIt3N OF T'I~ J.M. DAMES TRACT, AS PER. MAP RECORDED III Bt?OK5, PAGES 67 AND 68 ~F MAPS, IN T~3E QFFICE {QF THE CDUNT~ RECORDER OF LOS ANGELESGQUNTY, WHICH LIES S~UTHEAS'TBRLY OF THE SQU'1'T3EASTERLY LI1~TE (AND ITSNORTHEASTERLY' PRQLONGATIQN) OF LQT 20 OF THE W~?I7W(7RTF~ TRACT AS PER Mt~PRECORDED ITT BOQK 12, PAGE 92 OF MISCELLANEOUS RE~QRDS, ITV TIIE OFFICE OF THE~UUN'TI' RECORDER OF SAID COUNTY, ALL C}IL, GAS... AND t}THER HYDROC,ARB(}NSUBSTANCES IN AND UTVDER ALL OF THE ABOVE DESCRIBED REAL. PRC}PERTY, BIJTVI~ITH~U3' ANY RIGHT TO PENETRATE; USE (lR DISTURB SAID PROFERTY tt~~ITHIi~ 5QU FEET~0F THE SURFACE THEREOF, AS RESERVED B'1T TACK HIDBICHI KUHAlt~1A AND MASA~OKOI~AMAy HUSBAND A?aT) ~IFE, IN DEED RE~ORDED APRIL, 7, 1972 A.~ INSTRTMEI~T~ N~.3b64 QF OFFICIAL, RECORDS.


F. .ALSO EXCEPTIiVG FROIVI THAT PORTION OF SAID LOT 1„ LYING WITFIIN L{7T 9 E?FTAMES M. IlAVIES SUBDIVISION QF A POR"ITON f~F T`~IE JAMES M. DAMES TRACT AS PERMAP REGORI7ED IN BOOK 5, PAGES 67 Al~'D b8 QF MAT'S, AI+~I~ THAT PORTIQN OF MOLI1:~fEALLEY ADJOINING SAID LOT 9 QN T'HE NORTHWEST WHICH WOULD PASS WITH A LEGALCOi~IVEYANGE t3F SAID Lt3'I` 9, ALL OII,, GAS AND iJTHER H~LlR~GARB~N SUBSTANCES INANQ i1NUER ALL ~F THE ABt3VE DESCRIBED REAL PRQPERTY, BUT WTTHQUT ANY R3GHTT'O PENETRATE, USE OR DISTURB SAID PROPER'T~' Vtir'I~IIN 500 FEET QF THE SURFACETHEREOF, AS RESERVED BY HEIv~ZY H. MURELI'A'VIA, ET AL., IN DEED REC(7RDBta .TAN(TARY6, 1971 ~iS INSTRtTMEN'T NO.463, OF OFFIGIAI~ I~CORDS.

G. ALSO EXGEPTINfi FROiu1 THOSE PdRTIONS OF .SAID LOTS 1 AND 3 Al~D THATPORTIUN QF THE- AREA DESI~iI~TATED ̀ `PEDES`TRIAN WALK", LYIN~'r WITHII+T THE LAND1VIQRE PARTICTJLARL~ I?ESCRIBED 1N DEED MENTIQIti{ED HEREAFTER, ALL dIL, GAS, ANDOTHER HYDROCARBON SUBSTANCES IN ANTS UNDER ALL. OF THE ABODE DESCRIBEI? REALPRQPERTY, BUT WITH(SUT' A1V'Y RIGHT TO PENETRATE, USE DR DISTU1tB SAID PR(7PE~tTYWITFii~! 500 BEET QF THE SiTRFAGE T'~IEREOF; AS RESERVED B~ SOUTHERN PAC'IFI~TRANSPORTATION C~i1RPAW, A CORPQ.RATI(7AI', IN DEED 1tECORI3ED NLY 29, 1.971 ASINSTRUMENT NO. ~581N BOOK D-514Q PAGE 72fr, OF OFFICIAL RECORDS.

THE UPPER EI.E~ATION LIMIT OF THE SLTBSL'RFA~E EASEMENT HEREIN DESCRIBED IS t~DIAG~'~'AL PLANE RANGING FROM A~"~ A~7ERAGE ELEVATIQN OF +253 FEET TQ -I-24b FEETMEAN SEA L,EV.EI. PER THE ~IT`Y iJ:~ LAS ANGk',LES BE]'r?CH MARK Ai(?_ 12-03189. THISEASEMENT iS APPROXiM1~TELY 1 S FEET' TO 22 FEET BELQ~T F~Nf~H GRADE (SURFACE.ELEVATIOi~. THESE DEPTH ELEVATIOlv`S WARE I~ETERIWLINED FRCJM THE L.t1. METROREGI0I~IA:L GOItII~~CT4R T`RANS[T C~RRTD(?R PROJECfi PRELIMINARY EI+TG~TEER;IN~ PLANS.

G(}NT.41NS 25,(}5"? SQUARE FEET'.

NaT~;`THIS LEGAL DESCRIPTIQN t?4'AS TOT PREPARED FOR ANY PiIRPOSE THAT WOULD BE TNVI(}I.A'FI~N OF THE STATE QF CALIFaRNIA SIJBDNISI~N MAF AST dR LOCAL ~RDII~TANGESOF THE GOVERNING BODY HAVING 3URTSDIGTI~N.

P'REPAR.ED BY:

f ~

Sfi~ ~ANIE A. WAGI~TER 5''..

[~ ~ /~

A~rE: mA~..~..~ r va ~~PNSF ~;r~~~ ~~

~~ ~~.~r ~`~ ~.~ rr I~lc~:. 5752

"~~fi C'r.L't~_

F


EXHIBIT "r~"

LEGAL DESCRIl'TIO~ FU!R GRQL~TING EASEMENT PURPOSESPARCEL NUMBER RC-451-1

THOSE PC7RTTaNS OF LOT 1 OF TRr~CT MAC' ATO. 30211, IN T'F~ CITY OF LOS ANGELES,COINTY OF LOS ANGELES, STATE OF CALIFORNIA, AS FER MAP RECtJRDED ITT BOQK 885PAGES 3U AND 31 OF MAPS, TN TIC OFFICE t7F THE COUNTS RECORDER OF SAID GOU'vTY,DESCRIBED AS FOLLOWS:

PARCEL 1(RC~S'i-1}:

COMMENGFNG AT THE MOST WES'I'ERI:.Y CQRNER OF SAID LOT 1, SAID Gl7R~TFR ALSO BEINGIN T'HE NORTHEASTERLY LINE OF 2ND STREET; 6Q.DU FEET WIDE, AS SHOVUi~t IN SAID TRACTMAP; THENCE ALf3NG THE NOR'TH~'VE~TERLY LINE OF SAID LOT l: N38°=~8`~t"E 30:89 FEET;N(}7°27' 5"W 1538 FEET AND N3$°46'29"E 9.37 FEET ~'~ THE TRITE POINT OF BEGINNIl~FG;THENCE ~ONTINL?I~G AL[II~TG SAID NORTHWESTERLY LINE N38°4G'29"E 17.33 FEET TO TIC AP(7INT IN THE BEGINNING OF A 1VON-TAI~I(rENT CURVE GONCAV~ NOR`TH~RLY AND F3AVTi~TGA RAIINS OF 568.00 FEET, A RADIAL LINE 'THROUGH SAID POINT BEARS 515°50'45"W;THENCE EASTERF.Y ALOIkTG Sf1ID CURVE :t1N f~R.0 I;~NGT`H ~F 127.85 FEET TI~RflUGH ACENTRAL AN{.rLE OF 12°53'48"; TEIEIV~E SS1°11'23"E 7.59 FEET, THENCE N76°33'38"E 11.82 FEET;'THENCE N40°~1'S2"B I.?9 FEET T~0 A POINT iN THE BEGINNING flF A NOtN-TANGBIti1T CURVEGOhCAVE NORTHERLY AND HAVING A RADNS 4F 56S.Q0 FEET, A RADIAL LINE. THROUGHSAID POINT BE~:RS 541°04'22"~V; 'THENCE EASTERLY ALONG SAID CURVE AN ARC LEl`TGT`H(3F 107J2 FEET THI~C}UGH A CENTRAI, ANGLE OF 10°5.1'57" TO TI-IE BEGINNING OF A NON-TAIwIGE~TT CURVE Al'~fD HAVING A RADIUS OF 1,322.36 FEET, A RADIAL LINE THItQUGH SAIDP(3INT BEARS Sl D°3'7'1 ~"E; THENCE EASTERLY ALONG SAID CURVE AN 1~R~ LENGTH OF 73.(}5FEET THI~QUGH A CENTRAL ANGLE QF 03°09'55"; THENCE N76°36'53"E 3E}.12 FEET T+Q A P~IN'TFiEREENAFTER GALLEI3 ̀B" T'I~NCE 507°15'QS"W 7.93 FEET; THENCE S$9°54'55"E fl.SQ FEET TfOA POII~~T IN THE. WESTERLY LINE t~F CENfiRAL AVENLT~, 9t}.0~ FEET t~IDE, AS 5H4WN 1NTRACT MAP NO. 64995 AS PER NIAP REGORD~D lIV BOOK 1329 PAGES 28 TO 42 II'~TCLUSIVE (?FMAPS, IN TIC OFFICE 4F T`F~ COLNTY RECORDER OF SAID COLI1tITY; Tf~NGE ALONG SAIDWESTERLY LINE 507°15'05"~V 9.d4 F'EFT; THENCE 576°36'53"W 24.57 FEET TO A PAINT IN THEBEGINNING QF A NQN-TANGENT CURVE CONCAVE NORTHERLY AND HAVING- A RADIUS OF1,338.36 FEET, A RA.DIA~, LINE THROUGH SAID POINT BEARS 51.3°41'01 "E THE'~TCE WESTERLYALONG SAID CURVE AN ARC LENGTH QF 74.00 FEET' 1~3RQUGH A CENTRAL. ANGLE OF03°10'04" TO A P{?INT Rat THE BEGFNNTNG Off' ANON-TANGENT GLTRVE GOIvCAVE NQRTI-IERL1'ÀND HAVING A RADIUS OF 584.Q0 FEET, A R.t~IDIAL L1NE TFiROUGF3 SAID POINT BEARS509°48'16"E; 'THENCE WESTERLY ALONG SAID CURVE AN ARC LENGTH QF 26$.LQ BEETTHROUGH A CENTRAL ANGLE (3F 2fi°1$'45" Tt7 THE TRUE P4IlYT OF SEGIIVNING.

C~NTtkiNS: 5,74b SQUIRE FEET.

PARCEL 2 (RC-451-2)s

CQMMENGTNG AT THE MOST WES'IÈRL~ G[}RNER t}F SAID LOT 1, SAID CORNER ALSO BEING1N THE. NORTHEASTERLY LINE ~F 2ND STREET, 60.00 FEET WIDE, AS SHOWN IN SAID TRACTM AF; T`HENGE ALCING SAID NORTHEASTERLY LINE 551 °33'13"E 4p.3(3 FEET TQ A PAINT Tlti THEBEGINNING t)F A NON-TAI~dGENT CUR~JE Ct~NGAVE NORTHEASTERLY AND HAVING ARADNS OF 616..00 FEET, A RADIAL LINE. THROUGH SAID POINT BEARS 514°38'35"W, SAID


P~JLN'i' ALSt3 BEING THE TRUE P(3INT QF BEGINNING; THBNe~ ~QUTHEASTERLY ALONG

SAID CURVE AN ARC LENGTH OF 14 .03 FEET THRQUGH A CENTRAL ANGLE QF i7°40'30" TQ

A POINT HEREINAFTER CAI..LED "A", SAID POi:~iT BEING IN THE CUSP QF A CURVE CONCAVE

SOUTHEASTERLY AND HAVING A RADIUS O~ 26Q.80 FEET,. A RAllIAL LINE "I`HROUGH SAID

Pt~INT BEARS N13°59'26"W; THENCE SOUTHWESTERLY ALONG SAID CC?R'VE AN ARC LENGTH

OF 113.61 FEET THROUGH A GEN'TRAL ANGLE OF 24°57'37" TO SA1D NORTHEASTERLY LINE;

THENCE AL~i`dG SAID NQRTHEASTERL.Y LINE 1V51°33'13"W 111,6Q FEET TO THE TRUE POINT

OF BEGINNING.

CO~t~tTAII~IS: 4,348 SQUARE FEAT.

PARCEL 3 (RC-f151-3}:

COMMENCING AT THE AFdREMENTIONED POINT "A", SAID POINT BEING IN THE BEGINNING

OF A CU7RVE CONCAVE SOUTEFERr.Y AND HAVING A RADNS OF 260.8U BEET, A RADIAL LINE

THROUGH SAID POINT SEARS. N13°59'26"~?4r; THENCE EASTERLY ALONG 5AID CURVE AN ARC

LENGTH OF 70.14 FEET THROUGH A CENTRAL ANGLE OF 15°24'35" TO A POINT IN THE

$EGI~IiVING QF A N{3N-TANGENT CURVE CONCAVE NdRTHERLY AI D HAVING A RAINS OF

131$.79 FEET, A RADIAL LIIVE THROUGH SAID. POINT SEARS S10°l'7'27"E, -SAID PINT ALSa

BE~TC~r THE TRUE POINT OF BEGINNING; THENCE EAS"IÈRLY ALONG SAID GURYE AN ARC

LENGTH OF 88.55 FEET THItQUGH A CENTRAL, ANGLE OF 03°50' 9" TD THE WESTERLY LINE

OF CENTRAL AVENUE, 90.~Q FEET WIDE, AS SHOWN IN SAID TFtAGT ~IAP NO. 64995; THENCE

ALt7NG SAID VV~STERLY LINE S07°15'QS"Vii ?8.31 FEET;: THENCE N82°35'32"~V 56.2b F~,ET TO

THE $EGINNING OF A T'ANCrEI~TT CURVE Ct~N~AVE SOU'I'HERI.Y AND HAVING A RAINS {)F

260.8Q FEET; THENCE V4'ESTERI.Y ALONG SAID CTJRVE AN ARC LENGTH ~F' 27:26 FEET

T'HLtOUC'sf3 A CENTRAL ANGLE OF 0~°59'19" TO TIC TRUE PAINT QF BEGINNING;

G~NTAINS: 1,091 SQUIRE FEET.

PARCEL 4 (RC-451-4):

COlVI~'VIENCIlYG AT THE AFORE~IEl`1TI(~NED POINT :`S'> SAID P~~T BEING IN A LINE

Pt~RA.i.LEL WITH AN-D DISTATMtT O.SU FEAT WESTERLI' FROM 'TT~TEE WES'I"EIti,Y I,iNE Q~

CENTRAL AVENUE, 90A0 FEET WIDE, A5 SHOWN II~i SAII3 TRACT MAP 1V(J. G4995; 'THENCE

AMONG SAID PA:RhLLEL LTI~TE N07°15'fl5"E 24.31 FEET TQ THE TRUE POINT OF BEGINNING;

THEIwTCE N13°23'07"W 7.bb FEET, THENCE N76°36'53'"È 2.$$ FEET TO SAID PARALLEL LINE;

THENCE AT.;ONG SAID PARALLEL LIl~FE S07°15'05"W 5.18 FEET TO TF~ TRUE POINT OF

BEGINNIlYG.

GQNTAINSs 11 SQUARE. FEET..

SAID I7ESC~BED EAS~11r1ENT BEIY~TG AFFECTED BY T`KE FOLLOWING EXCEPTIONS:.

A. EXCEPTIl~dG AND RESERVING ALL OQ., GAS, AN'D ETHER H~.'DROCARBC?N

SUBS`£ANCES ilV AND UNDER. ALL OF THE ABOVE DESCRIBED REAL PR~FER'I'I~, BUT

WiTH(?UT ANY RIGHT TO PENETRATE, USE OR I7ISTURS SAID- F'Rt7PERT~ WITHIP~T 500 FEET

OF' T.EEE SURFACE THEREaP, P.S EXGEPfiED AND RESERVED BY KAVi~ASAKi CQMPANY, A

CORPORAI'IaN, iN DEED RECORDED NLY 26, 1971 AS Iii TSTRTJMENT NU'. 381 OF OFFICIAL

RECORDS.


B, ALSO EXCEPTIi*TG FROM THAT PORTION OF LOT 1, AND FROM THAI' PORTION ON THEAREA D~SFGNATBD "PEDESTRIAN WALK" WHICH LIES VI~THIN THE BOUIv~ARIES OF THELAND DESCRIBED IN DEED RECORDED AUGUST i d, 1971 AS LgTSTRUMENT IwtO. 420 IN BOOK D-5153 PAGE 539; t3F` OFFICIAL RECORDS, ALL OIL, GAS AND ETHER HYDROCARBQNSUBSTANCES 1N AND UNDER SAID .REAL PROPERTY, BUT WIT~3~UT ANY RIGHT TDPENETRATE, USE QR I?ISTURB SAID PROPERTY W1T~IIN 500 FEET OF TIC SURFACE THEREQF,AS RESERVED BY ROY HOSHIZAI~I, ET UX., I1` 'I~iE I}EED LAST ABE~VE REFERREII TO.

C. ALSO EXCEPTTI*iG FROiVI THOSE PdRTIQNS OF LOfiS f AND 3, AND THAT PORTION OFTHE AREA DESIGNATED "PEDESTRIAN WALK" LYING WITHIN Lt3T 4 AND THAT PQRTION QFMC}L:1NE AIL~Y AD30ININti SAID L(~T 4 QN THE S(}I.~THEAST THAT 4VC3C)LI3 I*A~S WI't'1:-~ ALEGAL CONVEYAI~TCE OF SAID LOT ~3 ~F 7A11~S M. Dr1V~S SL~EDNISION OF A PORTION OFTHE J.M.. DAMES TRACT, A5 PER MAP RE~QRDED IN BOOK 5, PAGES 67 AND 68, OF 1WIAP5,ALL OII,, GAS ANTJ MINERAL SUBSTANCES, TOGET~IIER WITH I'I-iE RIGHT TO EXPL[?RE FORAND EXTRACT SUCH SURSTAN~ES, PRdVIDEI~ TFIAT THE SURFACE OPENING OF Ai~tY WELL,F3QLE, SHAFT, OR OTF~R MEANS OF EXPLORING FQR, REACHLhtG QR EXTRACTING SUCHSUBSTAI~'GES SHALL NOT BE L~GATEI} WII'HIPT THE LITTIlE TOKYC} 1VEIGHBORI~OODI3EVELOPMENT PRQGRAM AREA AS REeORDED II*l BOOK M-3450 PAGE 737, OF LOS ANGELESCf3TJNTY RECORDS: STATE OF CALIFORNIA, AND SHALL NOT PENETRATE 1~NY P.~1ZT OF ORPt~RTION OF SAID PRC?7ECT AREA WTTHIIV SOQ FEET QF THE SURFACE THEREC}F, ASPROVIDED AND RESERVED IN FIrtAL 4RDEIt Off' CC?NDEMIVATIOl~ ISSUED B'Y' THE SUPERialtC(}URT Felt THE C()UPTÌ'Y QF LDS AIwTGELES, CA~~ NO. C-35073., A CERTEFÌED DOPY 'THEREOFWAS REG(}RDED FEBRUARY 1; 1974 AS INSTRUMENT NC2.41d7 OF' ~?FFICIAL RECORDS.

L~. ALSO. EXCEPTL~TG FROM THOSE. P(}RTI~NS OF SAID L(YI'S t AN13 3 AN-D THATPORTION ~F TTY AREA DESIGNATED "PEDESTRIAN WALK" LY1NG WITHIN LOTS 19 AND 2QOk' WODDVt%ORTH TRACT AS PER ?RECORDED L'~I BOOK. 1? PAGE 92 OF MISCELLAIv'EOtiSRECORDS, PST THE OFFICE OF TIIE eC}[I~`TY REEORDER !~F LQS ANGELES C(?UNTI?', ANDWITHII~I THAT PQRTIiQN OF LET 8 OF T'HE JAMES M. I3AVIES SUBDIVISION OAF A PORTION OFTHE J.M. DAMES TRACT, AS PER MAP RECtJRDED IN ~C10K 5, PAGES 67 ANA 58 OF MAPS, 7NTHE ~FFI~E OF' T~ GOLTNTY RECORDER QF SAIQ COUNTY, LYING BETWEEN TI-~NOit'THEAS'IÈI~LY PROL(?NGATION OF THE 2~TQRT~iWESTERLY AND S4IJT`HEASTERLY LINESOF` ABQV~ MENTIONED LOTS 19 A~iD 2Q 4:F T'~ WDODWOR~'H "TRA~"I", ALL OIL, GAS, ANDOTHER HYDRaCE1RBt?N SUBSTA1vCE5 IN AND UNDER ALL- OF THE ABOVE DESCRIBED REALPRQPfiRTY, BUT WITHOUT t1NY RIGHT TO PEl~~ETRt1TE, USE C7R DISTURB SAID PRQPER'I'YWTI'HiN 540 FEET OF TI-~ SURFACE THEREOF, AS lZESERVEI? BY KENJI SAYAMA, A IYfARRIED

N 116-INTEREST B`~ t1 DEED WHICH RECITES "AS HIS SEPARATE PROPERTY"; LEONARD Y.YANI~SAKI, A 1NIARRIED MAN, 116 INTERES'~' 13Y A DEED WHICH RECITES ̀=AS HTS SEPARATEPRaPERTY"; KEN~I SAYA.MA,, A 14JARRIED 1W1AN AS HIS SEPARATE PEtOPER'TY 1i3 II~TERE~T,AND iN LEONARD Y. YAMASAKI, A 1~IARR}ED iWIAIV AS HIS SEPARATE PROPERTY 1/3IIVTERES'T, RECORDED DECEMBER 1, 1974 AS 1NSTRUNIENT NO. 446 IN BOOK D-4402 PAGE 857C}F QFFICIAL RECORDS.

E. ALSO EXCEPTING FR(7M THAT PQRTIC}N OF SAID LOT 1 AND L4T 3, AND THATPORTION OF THE- AREA DESIGNATEI3 "PEDESTRIAN WALK" LYING WI1ÌIIN THESOUTHWESTERLY 1417 FEET OF THAT PORTIdN O~ L;OT' 3 OF THE JAMES M. DAViESSTJSDIVISTON QF A PORTÌ~N ~F THE J.M. DAMES TRACT, AS PElt MAP AEGORDED Rtit BOOK 5,FAGrES 67 AN1a 68 OF MAPS, IN THE ~QFFTCE ~F THE CfJUNTY RECORT}ER t}P ~.(.2S ANGELES


CQUNTY, WHICH LIES SOUTHEASTERLY OF TIE SI~UTHEASTERLY LINE (lIND ITS

NORTF~ASTERLY PROLQNGATIUN) OF LOT 20 ~F 'I'I~ WOOI3W~RT`H TRACT AS PER MAP

RECORDED LN BOOK 12, PAGE 92 C3F MISCELLAI~TEOUS RECORDS., IN THE 4FFIGE QF THE

COUNTY RECORDER f7F SAID COUNTY, ALL OIL, GAS, AND OTHER HYDRO~ARBQN

SUBSTANCES IN AND UNDER ALL t>F THE ABOVE I3ESCRIBED REAL PROPERTY, BUT

WIT`HQUT ANY RIGHT TO PBZIETRATE, USE OR 17IS'TURB SAID PROPERTY WITHIN 500 FEET

OF 'IÌ-iE 3URFAGE THEREOF, AS RESERVED BY J~.CK T-IIDEICHI KOHAMA A:ND MASAI{.C~

KOHAMA, HUSBAND AND WIFE, IN DEED RECORDED APRIL 7; 1972 AS INSTRUMENT NO.3664

OF t7F~ICIAL REGORI)S.

F. ALSO EXCEPTING FROM THAT PQRTI(7N OF SAID L{7T 1, LYING WI`T`HIN LOT 9 OF

.JAMES NI. DAMES 5L','BDNISION OF A F~}RTIDN OF TKE JAMES M. DAMES TRACT AS PAR

1VIAP RECORDED IN BOQK 5, FACES 67 ANb 68 ~F MAPS, AND ̀THAT P~RTIOIY (?F MOLINE

ALLEY ADJt?ININC SAID I,OT 9 ON ̀I~IE NORTHR~'EST WHiGH Wt~ULD PASS WITH A LEGAL

CONVEYANCE DP SAID L(?T 9, ALL OIL, GAS AND ~DTHER HYDROGARBOI`~i SUBSTANCES IN

ANT? UIVD~R ALL OF THE ABOVE. DESCRIBED REAL PROPERTY;. BUT WITHOUT ANY RIGHT

TO FENETRA'I'~, USE C3R DIS`1'UR~3 SAID PROP~.RTY V✓1THI'_~11 5fl0 FEET D~' THE SI7RFACETI-~EREOF, AS RESERVED BY HENRY H. MURAYtlM~1, ET AL., Il\T DEED RECQRDED .iAIVUARY 6,

1Q71 AS INSTRUMENT N~. 463, OF OFFICIAL RECORDS.

G. ALSO E~CEP'IÌNG FRAM THOSE P~RTIC3NS OF SAID LOTS 1 AND 3 AND fiHA.T ~'ORTION

~F THE .AREA DESIGI~iATED "1~ET7ESTRIAN ~?tTALI~", LYlNG WITHIN TIE LAND MORE

PARTIGULATfLY DESCRIBED IN DEED MENTIONED HEREAFTER, ALL QIL, GAS, Ah'T) t~THER

HYI}ROG?,RBQN SLJBSTANGES IN AYD UNDER 1~LL QF THE AB~~IE DESCRIBED :REAL

PROPERTY, BUT ~WITH~LIT ANY RIGHT TO PENETRATE, L.TSE DR DISTURB SA[D PROPERTY

WITHIN X04 FEET OF 'THE SURFAEE THEREOF, AS RESERVED BY S~UTF~RN PACIFIC

TRAN~FORTATION Ct3ivIPANY, A CQRPORATION, IN DEFI7 RECORDED J[TLI' 29, 1971 AS

INSTRUMENT NO.25S IN BC10K D=5140 PAGE 726, OF' QFFI~IAL RECORDS.

THE UPPER LIMIT OF THE SUBSURFACE EASEMENT HEREIN ABODE DEBGRIBEIa IS A

HQRIZf3NTAL PLANE HAVL~TG AN AVERAGE ELEVATION OF +~63 FEET ABOVE MEAN SEA

LEVEL PER THE GTTY OF LOS ANGELES &ENCH MARK Nf7. 12-Q3189. THIS EASEMENT IS

APPR(}XIMAT~LI~ +/-~ FEET BELOW FINISH GRADE (SURFACE ELEVATTt?I~~. THIS DEPT~T

EI,EUATION W,AS DETERl~TEB EROI~1 THE L.A, ivfETR~ REGIONAL GONNEGT~R TRAN~Ti'

CORRIDQR F~Z~JECT PRELIMINART'' ENGINEERING PLAITS.

GONTAII+]S: l I,1:Sb SQUARE FEET - TC}TAL (?F 4 P~IRCELS.

N{)TE:.THIS LEGAL DES~RIl'TION WAS NOT PREPARED Ft?R r1NY PURPOSE THAT WC}ULD BE IIv7

VIQLATION OF TF3E STATE (7F CflLT~'4R1VIA SUBDNISION IvIAI' ACT OR Lf~CAL QRDINAN~GES

OF T IE G~~ERNING BtI~DY [SAVING JURISDICTÌ~N.

PREPARED Bl~:

~.L_. ~I'. LG/Q' Y2~ -̀~- ~,a ~ SAN? Lti(~~.

S P NIE A. W~CrNER, F. .S. 575 ~~ ~~',-~~Prti~ ~y~~ ~~

~}/1 ;!~, ~ ~,

ATEsc3~ e~.

~` : t

.~~fi C~AI~I~'


EXHIBITS B


EXHIBIT "B"Grantor: JAPANE~ VILf.AGE LLC ~E ouA sHOww oN our arm ago ai Fld.o suaver

Descri tion: TRACT N0. 3i121t, 600K 885, PAGES 30 AN6 31 na~rm~ e ioAi~"- zo"~iz~ o`~TV+cEs

PflR110N OF LdT 2 za+EE OQOR~NA~ ~~OBT W ~ ~ik H~.c.~u.

lltle Re ort: 6HICkGO 1111E C(~APANY QRD. 116740333-XQ2Assessors Ref: 51.61-017-423 RDW Ref: R-1 d7 No. Dote Revision Description

~sr r

~~j l.AHD ~~~L ~ ~ fy~G yr

(~2 {Y1 9<ti~ S

~ *~ hto. 5752~~ ~ ~1~ I ~ ~`~~~~Y RC-45d

tIICtNIT1` MAP` ̀ P~ `Q N.T.S.

~TtC ~~~F`~ ;

~~w~z

50' w ~~WI

N ~i~~ t~ F ~

.~-

W

y gam, .g N: Si t-01 -~d ~ ~j J APN ~1~61~017-023

~~ ~ APN:51o1-Q77-029 ~ g ~ P ~ Wi RC-45a ~

p a ~, a ~ ~ H~ 2,52 SQ.FT_~ e~ ~2

MOS7W'LY ~

\ ` ," ~ 2n+o N STREET ~ EORNER LOT 2 v ~ ~~ f ! ~4- - - ~- - - - io eo N5133'13"W 908.30'

~? ~ ~ °D ~ A ~ T4 GE~TRAL AVENUEa a < :EN7ERUNE

t t~APN:51S1-022-G2

a ~

~~

8 Z~

na. a, aa. 8a.THIS EJ(HI81T IS MADE PART 6F

POB — PO4NT OF BEGINNING

Tt E LEGAL DESCRIPTION. ~ — SUBSURFACE EASEMENT7" = 8Q~

TOTAL AREA OF PRdPERTY RC-450 REM;4INDER PARCEL AREA ESTATE

9,023 SQ: FT. (NET AREA) 2,352 SQ. FT. (NET AREA) 6,67t SQ: FT. (NET AREA} 5SE

APP

-~ ~

DAiE: 'I ~ J~ 6 f ~ ~z~►r~. REGIONAL s~~~E

~e~r4 PROJECT MANkGER QA ('~ 1 = 8fl

PREPARED BY: `j~ ~ ~ E ~ TO R REV. N0. DATE:7he.ConrrettorPaMi~erahip ~~mvcy,: ~~c

,_ 3s~3c nh ma sc, s~~~e im- REY. NO. GATE:•luM ~ 9130.1

c~~ g~`~"' :5,52 CITY OF LOS AN GELES PAR"'-- "~; Rc-4~o

LINE TABLE

LINE ~EARIN6 LENGTH

L1 ~738'27'S6'E ifi:Si'

[.2 S38'26'47°W 15.70`

L3 583'26'43°W 31.3Q'

L4 538'26'47"W 4.00`

L5 N51'33'13"W 74,09'

L.6 S3B'27'56"W 3.91'

~.~ s3s•a':~"w s2sa'L8 55733'13"E 73:8$'

L9 N06 33`13"W 3i.55'

L14 538'26'47°4V 35:70'

CURVE TABLE

C41RVE L.EWG7H RADIUS DELTA

Gi 99.51' 584.00' 9 45'47"


s

UNE TALE

UNE LENGTH BEARING

Li 109.13' N51'33'13"W

l2 42.77' N5133'73"4Y

L3 34.89' N38'48'46°E

L4 15.38' r~a~-z~'as°w

L5 9.37' N38'46'29"E

L5 75.24' S~7'15'05°W

L7 46.75' S75'74'~4"E

1

s ~ ~

ti~_ Nb0'13'59"W 655.2

Td SAN °EORQ' STRUTCENTERLINE

1ST STR ET ~ ~

CURVE TRBIE

GURYE LENGTH RADIUS DELTA

Ci 3fi8,34' 584.00' 36'OB'i6"

G2 82.77' 652.Op' 7'16'26"

G3 78.61' 260.80' 17"16'tt"

G4 1$5.4D' 652.OQ' 1677'33`

\ 2~' '~1~ ~ ~ ~ ~i

J ~ b~ ~~ ~

7 •y~3"~'cr.~ 7/~ _'

Vlt

~aa~ a ~.a'ar v f G~ °s,iii i < 2 ~~"~d[ ~ s G s

,,,l~~ ~~

AP~!':5t61—Oi7-033 ~ ~ ~ ~ , ~ , ~ ~ ~.

r

.' i j ( ~ j ~ ~t~ !' ~ ( ~. wn• a~ .

( i~A t~ tt ~~ ~~~1 ~~.y ~i!~,

I ~

o ~ ~~ 'zs•w I i j ~ ~~f j (~E ~ ~~~ t` ff~~J f i ~ r APN:Sifi1—~J17-03$ ~~~

~~ i5 k'j~~~t'ij ~ i i ~ ~ i ~' ~ RG451~, ~~ ~ ~ f ~i ~ ~ F i ~ f~ ~ ~~ ~ ~ ~4 2~,052uQ.FT.

~~~~cnr ~

az. i~'7 f ~ i ~ (~F f ~ i ~ ~ ~ -26.~7lS' —:a ~ i~

I {~ ~~ ~ !iii ,i - L1 pp~ &-

Tt7fi~°

L2s,~~~=~' ~g ~ 2NQ STREET

55133'13"E 38fl_81'N5733''3"W 937.87` ~ z, m ~TQ~SANSP JRO STREET CENTERLINE

1.E.SaENQ< 40 ̀ Q' 4rRdG —POINT OF GOMMETIGERAENT ~------~

c

1H{S EXHIBIT IS kfADE PART OF ~ — Sl18SURFACE EASE6AENTTHE LEGAL DESCRIPTION. 7POB — 'ERUE PAINT OF BEt~NNING t•• _ &d'

TDTAL AREA OF PROPERTY RG-451 REMAINDER BARGEE AREA. ESTATE

&2,520 SQ. FT. {NET AREA) 25,452 S4. ~T. (NET AREA) 37,468 SQ. FT. (NEF AREA} SSE

kPPR V~D BY: J (~ DATE tZ~16f~1

Metro FRQJECT ~AANAGER Ti—~ F ~ E V I ~N A ~ SGp~: 1 ,, = $O,

PitEPAr2ED 5Y: C ~ N N ~. V TQ R REV:. N6: OA7E:

TM COnne~PartwialUp~a~

~„ issa . u, ~ REV. Na. DATE:

•-~ ~, B`~'~ ~!"~ . ~ CITY QF SOS Ali GELES ~'~~°- "~. ~c-a~~


s Ref:

LINE TABLE

UNE BEARING LENGTH

LT S5133'13"E 40.30'

L2 N38'48'46"E 30.89'

R.3 N07'27'45"Yl tS.SB'

L4 N38'46'29"E 8.37'

LS N38'46'2~"E 77.33'

tfi S57'11'23"E 7.58'

L7 N76'33'38"E 11.82'

L8 N4037'S2"E 1.79"

C9 N76'36'S3°E 30.12'

~~o so~7s•fls°w ~.s3~Lt t S8S'S4'55"E Q.50'

L12 S07'15`~5"W 9.~4'

L13 S7636'S3"W 24.57'

Lt4 Sp7'15'05"W 23.31'

Lt5 N73'23'07"W 7.66'

L76 N7fs36'53"E 2:88'

L17 S47'f 5'OS"W 8.:18`

Lt8 S07'i5'~5"W 2$.39'

L79 N8235':32"W 56.26'

11 sQ• ~• CURVE

~~~ ~ G~

'QB C~~ C

DETAIL 1 ~ e¢1ES~: N.T.S. C5PdC - PaNT ~ CpAA~ENCQAENTiP06 -TRUE Pf%NT OF BEGtNNW6GE - GRWTING ERSENENT ~,~

40' 0' 40' 80'

r~ = so~

Re~si-~41 SQ. FT.

CURVE TABLE

RADIUS LENGTH DEL7A

56&t~0' 127.&5' 72'53'4$"

ssafro' ~o~.~a' ~a~si's~~

1322.36' 73.05' 39'55"

7338.36' 74.60' 370'04"

1318:79` 88.55' 3'50'49°

260.80' 27.26' S`59't9"

2&0.80' t13.&t' 24'57'37"

r 4 ~~yD S

~~~~~t~ ~9~m~Sri IVo. 5752 ~

RG-451.1 ~ 1' <~r2 -...._ _ ~ V = "

5,746 SEL P'L ~ ~ ~ ~t y ~~. &~,,cr'h ~ / ~`t'

\s~J~y3,. ~ ~ 1 ~~~ ~ ~'~~~, '~~'~C`' ~"-✓ CSR?

1~ ~ -~_.

~iR%~ ~j,`~~ jar ~~'~\

f ~ ~6F y ~P` 2,~ ~ X19 a

qO ~Dc$i ~ , r

L6? ~.~?so~ eitS°}~Q.

o1k~c r TPOB 'is`. ~cF~ ~ YQ ~tt

~= ~'~ ~~2,, ~M13 f0 +, ~ ,~C' p ~~' ~ c5', ate-0 ~`ys~ UQ O~~ O ~-i~.h`L ~y 6~ ~ {i~,~g'P~ ~~ r ~~:. ~~ti. ~. ~ A o~ RG-45'1 ~ ~~ C► a

.~.4~?' afl ~~,~~.~~~~~a6o ~~ t,091 SQ FT °~ ~.Z~~ DETAIS 2

j ~;2~~ ~~~r~ °~~ "A"".y13~

Hf'M..i6;-a18-2C ~, ~

La ~j5~' ~~6. ; k~7POB . -: ~L3 ~~~.~9Q ~ ~~ r RC-451-2

R=20;QQ'940 ~ 4,808 SQ: F7'. ti=~z~•tr42"-~° ~ ~~~`

4' ~ 4<u 7'POB ~ ~~ ~ ~~ T

NS7:33•t3•.W 249:5' ~=42.3i> ~,

N51`33'13"W 717 60' "' N51'33'13"jAt

a 31.57' ~MGSTW'LYGORNERLOTI - sus FO Sk;J °EpRO STREET h157'33'13"W 9Q~,3D' _

ZND STREET THIS IXHI~T LS MAEIE PARTOF' 7NE LEGAL DESGR1PTIaV.

T~TAI AREA OF PRdPERTY RG-451-1 REMAINDER PARCEL AREA ESTATE

62;524 54. ~T. NET AREA) ti,t56 S4. FT. {NET AREA} 51,364 S4. FT. CIVET AREA} t;E

APP vEQ ~~ REGIC}NAL

°~,E: o6~~a/~~Metro PR'~~ ~.~ ~ rr. ~~: ~ ° = so'

PREPkREC BY: ~W ~~ER ~j ~' ~J ~ E C TOR ~ T N~' /SC ~G.~fi ~'1ThaCDnrectot Pertrermhu+

3~~

_oa

iTY QF LOS ANGELES~P~~ No. R~+,—~~3~ —~


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Metropolitan Transportation AuthoriEy Los Angeles, to …media.metro.net/board/Items/2015/04_april/20150430rbmitem73.pdf · 30/04/2015 · APRIL 30, 2015 SUBJECT: REGIONAL CONNECTOR