ORDINANCE NO. 1844BGAn ordinance of the City of Los Angeles finding that the public interest and

necessity require the condemnation of property and improvements located at 12760 to 12776 Foothill Boulevard, Sylmar, California 91342, for the operation and maintenance of the Department of Transportation’s transit services, a public use.

THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS:

Section 1. By at least a two-thirds vote of the City Council of the City of Los Angeles, and pursuant to Code of Civil Procedure §§1240.030 and 1245.210 through 1245.240, the City Council resolves, finds, and determines that the public interest and necessity require the condemnation of property and improvements located at 12760 to 12776 Foothill Boulevard, Sylmar, California 91342, to be used to replace existing leased transit facilities with City-owned transit facilities; that the proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; that the property sought to be acquired is necessary for the proposed project; and that an offer required by Government Code §7267.2 has been made to the owner or owners of record.

Sec. 2. The property is to be acquired for public use under the authority of the California Constitution, Article 1, §19; Government Code §37350.5; and Code of Civil Procedure §§1240.010 through 1240.050.

Sec. 3. The property to be acquired is located in the City of Los Angeles, County of Los Angeles, and State of California. The interest to be acquired is title in fee simple absolute to property and improvements fully described and depicted in a map attached to this ordinance as Exhibit A. The property is also identified as Assessor’s Parcel Numbers 2514-007-039, 2514-0074341 and 2514-007-043. The legal description of the interest to be acquired is attached to this ordinance as Exhibit B.

Sec. 4. At least 15 days’ written notice has been given by First Class mail to each person whose property is to be acquired by eminent domain. The notice advised each of these persons of the intent of the City Council to adopt this ordinance and of the right to appear and be heard by the City Council. Each owner who so requested was given an opportunity to appear and be heard by the City Council.

Sec. 5. The City Attorney is authorized to commence an action in eminent domain to acquire the property and improvements. The City Attorney is also authorized to obtain the necessary court order granting the City of Los Angeles possession prior to judgment.

Sec 6. The City of Los Angeles has taken reasonable efforts to acquire the property and improvements by negotiation, but has been unsuccessful.

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David L. Roberts Assistant Director Department of General Services

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Sec. 7. 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.

I hereby certify that this ordinance was passed by the Council of the City of Los Angeles, at its meeting of AUG 3 0 2016_ _ _ _ _ _ _ .

Approved

Approved as to Form and Legality

Date:

Deputy City Attorney

(o■ '2,-File No(s). 14-0600

HOLLY L. WOLCOTT, City Clerk

Mayor

M:\Real Prop_Env_Land Use\Real Property_Environment\Peter Langsfeld\Sylmar Foothill LLC\Ordinance\Ordinance.doc

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EXHIBIT A

Land Description and Analysis 20

Plat Map

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Supportive and Excess Land SummaryAPN 2514-007-043 contains 78,862 square feet of land area and is improved with a 43,856-square foot building. The 56% coverage ratio is within the range of coverage ratios of industrial properties in the market area. We have identified the land area of APN 2514-007-043 as the Supportive Land parcel, as the land area adequately serves the building. We have identified the adjacent legal parcels, APNs 2514-007-039 and 041, to be excess land. The Supportive Land and Excess Land parcels are summarized in the table below and shown in the aerial photo that appears on the following page. The Supportive Land parcel is rectangular while the Excess Land parcel is generally trapezoidal.

Supportive and Excess Land Summary

Tax ID SF Acres land Status SF Acres2514-007-039 103,237 2.37 Excess land 103,237 2.372514-007-041 37,197 0.85 Excess Land 37,197 0.8S2514-007-043 78.862 1.81 Supportive Land 78,862 1.81

Subtotal Supportive Land 78,862 1.81Subtotal Excess Land 140,434 3.22

Gross Site Area 219,296 5.03Source of lend erea within APNs: Lot Anfalet County Assessor's pi»t maps

12760-12776 Foothill Boulevard

EXHIBIT B

PARCEL 1: (APN: 2514-007-039)

LOT 1 OF TRACT NO. 36112, IN THE CITY OF LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 923 PAGES 97 AND 98 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT THEREFROM ALL OIL, GAS, MINERAL AND HYDROCARBON SUBSTANCES IN AND UNDER SAID LAND, BUT WITHOUT RIGHT OF SURFACE ENTRY AS RESERVED BY NAMSHER COMPANY, A CALIFORNIA CORPORATION AND S & R INVESTMENT COMPANY, A PARTNERSHIP IN DEED RECORDED NOVEMBER 9, 1978 AS INSTRUMENT NO. 78-1251467 OFFICIAL RECORDS.

ALSO EXCEPT ALL REMAINING OIL, MINERAL AND HYDROCARBON SUBSTANCES IN AND UNDER SAID LAND, BUT WITHOUT RIGHT OF SURFACE ENTRY TO A DEPTH OF 500 FEET AS RESERVED BY MELROE EQUIPMENT COMPANY, A CALIFORNIA CORPORATION IN A DEED RECORDED OCTOBER 2, 1979 AS INSTRUMENT NO. 79-1102480 OF OFFICIAL RECORDS.

PARCEL 2: (APN: 2514-007-041)

PARCEL A, IN THE CITY OF LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP L.A. NO. 5135, FILED IN BOOK 154 PAGES 95 AND 96 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT 50 PERCENT OF THE OIL, GAS AND MINERAL RIGHTS WITH THE RIGHT OF SURFACE ENTRY AS RESERVED BY MONTE S. MILLER, AS ADMINISTRATOR OF THE ESTATE OF GEORGE S. MILLER, DECEASED, IN DEED RECORDED OCTOBER 10,1957 AS INSTRUMENT NO. 1397 OF OFFICIAL RECORDS.

PARCEL 3: (APN: 2514-007-43)

PARCEL A, IN THE CITY OF LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP L.A. NO. 5051, FILED IN BOOK 147 PAGES 13 AND 14 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPTING THEREFROM ALL OIL, GAS, OTHER HYDROCARBON SUBSTANCES AND OTHER MINERALS IN AND UNDER SAID REAL PROPERTY, TOGETHER WITH THE RIGHT, AS HEREINAFTER LIMITED, TO DRILL, REDRILL, DEEPEN, COMPLETE AND MAINTAIN WELL HOLES UNDER, THROUGH AND BEYOND, AND TO DRILL FOR, PRODUCE, EXTRACT, TAKE AND REMOVE OIL, GAS AND OTHER HYDROCARBON SUBSTANCES (AND WATER NECESSARY THEREFORE), AND OTHER MINERALS FROM AND THROUGH SAID PROPERTY, TOGETHER WITH RIGHT-OF-WAY AND EASEMENTS FOR ANY AND ALL OF THE ABOVE MENTIONED PURPOSES, BUT WITH NO RIGHT OF ENTRY UPON OR THROUGH SAID REAL PROPERTY, EXCEPT BELOW A DEPTH OF FIVE HUNDRED (500) FEET BELOW THE PRESENT SURFACE OF SAID REAL PROPERTY.

RESERVED BY FRITZ B. BURNS FOUNDATION BY DEED RECORDED AUGUST 28, 1979 AS INSTRUMENT NO. 79-953915, OF OFFICIAL RECORDS.

David L. RobertsAssistant DirectorDepartment of General Services

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DECLARATION OF POSTING ORDINANCE

I, JULIA AMANTI, state as follows: I am, and was at all times hereinafter mentioned, a

resident of the State of California, over the age of eighteen years, and a Deputy City Clerk of the City

of Los Angeles, California.

Ordinance No, 184480 - Condemnation and Acquisition of property to be used for Transit

Facilities by the Los Angeles Department of Transportation - a copy of which is hereto attached,

was finally adopted by the Los Angeles City Council on August 30, 2016, and under the direction of

said City Council and the City Clerk, pursuant to Section 251 of the Charter of the City of Los

Angeles and Ordinance No. 172959, on September 14. 2016 I posted a true copy of said ordinance

at each of the three public places located in the City of Los Angeles, California, as follows: 1) one

copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall; 2) one

copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall East; 3)

one copy on the bulletin board located at the Temple Street entrance to the Los Angeles County Hall

of Records.

Copies of said ordinance were posted conspicuously beginning on September 14, 2016 and

will be continuously posted for ten or more days.

I declare under penalty of perjury that the foregoing is true and correct.

Signed this 14th day of September, 2016 at Los Angeles, Caftfomfar

uty City Clerk

Ordinance Effective Date: October 24, 2016 Council File No. 16-0603