18309'1ORDINANCE NO. _

An ordinance approving Resolution No. 25273 of the Soard of AirportCommissioners of the City of Los Angeles consenting to the granting by the Clt~/lof.Los Angeles to Verizon California Inc., of a non-exclusive Easement tR,felocateunderground communications facilities to accommodate the N. Vineyard Avenue/UnIonPacific Railroad Grade Separation Project at LA/Ontario international Airport.

THE PEOPLE OF THE CITY OF LOS ANGELESDO ORDAIN AS FOLLOWS:

Section 1. It is hereby found and determined that the public interest,convenience and necessity require the granting of a non-exclusive Easement torelocate underground communication system facilities and appurtenances thereto atLA/Ontario International Airport in the City of Ontario, from the City of Los Angeles(hereinafter referred to as the "Grantor") to Verizon California Inc. (hereinafter referredto as the "Grantee"), as set forth in Resolution No. 25273 of the Soard of AirportCommissioners, attached to this ordinance as Exhibit "S" hereof, in order to construct,use, maintain, operate, add to, alter, repair, replace, reconstruct, inspect and removecables, wires, amplifiers, underground conduits, manholes, below-ground vaults andenclosures, concrete pads, markers, fixtures, facilities, and appurtenances thereto.

Sec. 2. That Resolution No. 25273 (Exhibit "S" hereto) is hereby approved andthe Easement along and near Airport Drive, outlined and delineated in red onDepartment of Airports' Drawings and attached to this ordinance as Exhibit HA"hereof,be and the same is hereby granted to Verizon California Inc., for the above-describedpurposes. The legal description of said parcel of land is attached to this Ordinance asExhibit "Cll

.

Sec. 3. Grantor, its successors and assigns, reserves for the use and benefit,the right for full use and enjoyment of the surface. The Grantee expressly agrees, foritself, its successors and assigns, that it will hold Grantor harmless and defend andindemnify Grantor for any injury or damages caused by the Grantee's negligentactivities undertaken pursuant to this Easement. The Grantee expressly agrees, foritself, its successors and assigns, that before undertaking any emergency or non-emergency work in secured (restricted) areas inaccessible to the general public,Grantee will provide advance notification to the Ontario Airport Manager, or hisdesignee(s), and will use its best efforts to ensure that such work will not interfere withthe operation of the Airport, its tenants and/or the travelling public. The Granteeexpressly agrees, for itself, its successors and assigns, that in the event the Grantee

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shall cease using the Easement for the purposes set forth in the Easement for a periodof one year or more, then Grantee shall, at Grantor's written request, execute aQuitclaim Deed reconveying this Easement to the Grantor.

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Sec. 4. The City Clerk shall certify to the passage of this ordinance and have itpublished in accordance with Council Policy, either in a daily newspaper circulated inthe City of Los Angeles or by posting for ten days in three public places in the City oflos Angeles: one copy of the bulletin board located at the Main Street entrance to CityHall; one copy on the bulletin board located at the Main Street entrance to City HallEast; and one copy on the bulletin board located at the Temple Street entrance to thelos Angeles County Hall of Records.

I hereby certify that this ordinance was passed by the Council of the City of losAngeles, at its meeting of JUN a 4 2014

HOllY L. VXOlCOTT, Interim City Clerk

By UlG.Deputy

Approved __ .il:(+-.1_1_1 _

Mayor

Approved as to Form and legality

MICHAEL N. FEUER, City Attorney

~-tovBy __BRIAN C. OSTLERDeputy City Attorney

Date 1-(/.;2. / I 4-l '

Verizon Ordinance

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1845238.75 6679489.131845206.49 6678533.031845142.37 6678533.491845161.63 6678533.35Radius: 15.00 chord: 21.28 Degree: 0.5819 Dir: Right

Length: 23.66 Delta: 90.2256 Tangent: 15.10chord BRG: N 44'46'39" E Rad-In: N 89'35'11" E nad-our : S 00'01'53" ERadius point: 1845161.74,6678548.35

1845176.74 6678548.34Radius: 2264.00 chord: 161.95 Degree: 2.3151 Dir: RightLength: 161.99 Delta: 4.0558 Tangent: 81.03chord BRG: S 87"58'S41O E Rad-In: s 00'01'53" E nad-our: S 04'04'05" WRadius point: 1842912.74,6678549.58

1845171.04 6678710.19 s 85'55'55" E 482.111845136.83 6679191.09Radius: 2043.00 chord: 213.89 Degree: 2.4816 Dir: Left

Length: 213.99 Delta: 6.0005 Tangent: 107.09chord sRG: S 8S"55'57" E Rad-m: N 04"04'05" E Rad-out: N 01'5610011 WRadius point: 1847174.69,6679336.03

1845132.85 6679404.951845136.73 6679519.881845139.60 6679604.83Radius: 2343.00 Chord: 217.49 Degree: 2.2643Length: 217.56 Delta: 5.1913 Tangent: 108.86Chord BRG: N 85"24'2411 E Rad-In: N 01"56'0011 W aad-out i N 07"1511311 W

Radius point: 1847481.26,6679525.79 c

1845157.01 6679821.62 N 82"44'47" E 613.721845234.50 6680430.421845240.93 6680620.981845233.06 6680641.98Radius: 15.00 Chord: 5.85 Degree: 0.5819Length: 5.89 Delta: 22.3000 Tangent: 2.98Chord BRG: 5 80·41'00" E Rad-rn: N 20.3410011 E Rad-Out: N 01'56'0011 W

Radius point: 1845247.10,6680647.251845232.11 6680647.75 N 8B'04'001i E 34.361845233.27 6680682.09Radius: 25.00 Chord: 35.36Length: 39.27 Delta: 90.0000Chord BRG: N 43'04'0011 E Rad-In: NRadius point: 1845258.25,6680681.241845259.10 6680706.231845279.81 6680705.53

Polyline ReportSTRIP 1!Northing Easting

4HDR-LAWA-Verizan.txt Man Aug 05 10:58:36 2013

Bearing Di stance

S 88"04'0211W 956.65

N 00'241491' W 19.26

N 88"04'00" E 115.00N 88"04100" E 85.00

Dir: Left

N 88'04'00" E 190.67S 69'26'00" E 22,42

Dir: Left

Degree: 229.1059 Dir: LeftTangent: 25.0001'56'00" W Rad-Out: 5 88"04'00" W

N 01'5610011 W 20.72

Closure Error Distance> 1217.0892 Error Bearing> 588'04'0011 WClosure precision> 1 in 2.7 Total Distance> 3266.38Area not calculated because polyline not closedPage 1

STRIP 2:Northing Easting

4I-lDR_LAWA..Verizon.txt

Beari ng Distance1845136.73 6679519.88Radius: 45.00 chord: 63.64 Degree: 127.1926 Dir:Length: 70.69 Delta: 90.0000 Tangent: 45.00Chord BRG: S 43.04'00" W Rad-Xn: S 01'56100" E sad-cut: N

Radius point: 1845091.7616679521.401845090.24 6679476.42

5 01"56'00" E 309,081844781.33 6679486.851844430.58 6679489.701844266.18 6679538.38

S 00"27'57" E 350.765 16'29'35" E 171.45

closure Error n+srance» 870.7452 Error Bearing> N 01'13 t02" Wclosure precision> 1 in 1.0 Total Distance> 901.98Area not calculated because polyline not c10sed

page 2

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City of loa AM:e!es

Erlo GQrcaHiMayor

Bonrd of AirportCommiRRlonen

Soan O. BurtonPresIdent

valerta C. vetascoVice P(a~ld9nt

Oabllell, Es/laghlanJackie GoldDargBoatrlca C. Hs\JMaHhew M. JohnsenDr, Cynthia A. Telies

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Los AngelesWorld Airports

CONFORMED COpyBOARD FILE NO, 609.2 x 1997.2

ONT-8770

RESOLUTION NO. 25273

BE IT RESOLVED that the Board of Airport Commissioners approved two (2) utilityeasements and authorized the Executive Director to accept quitclaims of vacated existingeasements to accommodate the City of Ontario's North Vineyard Avenue/Union PacificRailroad Grade Separation Project at LNOntario International Airport, as referenced on theboard report attached herein and made part hereof; and

BE IT FURTHER RESOLVED that the Board of Airport CommissIoners authorized theExecullve Director to execute documents, upon approval as to form by the City Attorney,making mlnor modificatlons to the legal descriptions of the easements should any "as-built"surveys indicate any portion of the utilities to be outside the easement area; and

BE IT FURTHER RESOLVED that the conveyance of minor miscellaneous easements isexempt from the requirements of the California Envlronmental Quality Act (CEQA) pursuantto Article III Class 5(4) of the Los Angeles City CEQA Guidelines. The City of Ontario workhas undergone separate environmental review by the City of Ontarlo as lead agency. Theonly action authorized herein is the grantIng of the easement; and

BE IT FURTHER RESOLVED that actions taken on this item by the Board of AirportCommissioners will become final pursuant to the provisions of Los Angeles City CharterSection 385.

000

I hereby certify that this Resolution No, 25273Is true and correct, as adopted by the Board ofAirport Commissioners at Its Special Meetlngheld on Monday, December 2,2013.

Sandra J. MUler- SecretaryBOARD OF AIRPORT COMMISSIONERS

8P-p-royedt?y.CitvCQUncj1onJanuary 22,2014

1 Worltj Wsy Los Mgoles Caillolll'~ 90045·6803 Mpll no, Box 92216 Los Angnlos Cnl1f<)tnl.i 'lOO{)f/.?2IB 1elepMM .>10 (41) 6262 IntaHlo\ wVlw.13wa.~e(oEXHIBITB

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ORIGINALRECORDING REQUESTED BYAND WHEN RECORDEDMAIL DOCUMENT TO:

Verizon California Inc.Right of Way Department201 Flynn RoadCamarillo, CA 930[2

Attention: Rose Murphy

SPACE ABOVE FOR RECORDER'S USE ONLY

GRANT OF EASEMENT

The CITY OF LOS ANGELES> DEPARTMENT OF AIRPORTS (hereinafter referred toas "City"), hereby grants to, VERIZON CALIFORNIA INC., a California corporation("Granteell

), its successors and assigns a non-exclusive easement ("Easemenes) and right of wayto construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and removecables, wires, amplifiers, underground conduits, manholes, handholes, below-ground vaults andenclosures, concrete pads, markers, fixtures, facilities, and appurtenances thereto, (hereinaftersometimes collectively called "Equipment"), necessary or useful for the transmission ofcommunications, telecommunlcations, interactive video and intelligence under and alongGrantor's real property at LA/Ontario International Airport, situated in the City of Ontario,County of San Bernardino, State of California described as follows:

Those portions of Lots 58, 59, and 60 of Map of Orange Park,filed in Book 17, page 55 .of Maps, that portion of the northwestone-quarter (NW !t4) of Section 27, Township 1 south, Range 7west, S.B.M, all as shown on Record of Survey filed in Book 9,pages 65 and 66 of Surveys, and that portion of Vineyard Avenue(l00 feet wide) as described in Resolution No, 6332 recorded April7, [967 in Book 6800, page 587, of Official Records, all records ofSan Bernardino County, located in the City of Ontario, County ofSan Bernardino, State of California, more particularly described onExhibit "A" and depicted on Exhibit "B'' attached hereto and madea part hereof,

Grantee shall use said Easement subject to the following terms, conditions andreservations:

L City's full use and enjoyment of the surface thereof, subject to Grantees rights

<" •.•

therein.

Grantee and its contractors, agents and employees, shall have the right to trim and cuttrees, if any, upon the Easement should their roots or limbs endanger or interfere with the use ofsaid Easement.

2. Access shall be over such roads and ways on Airport as shall be prescribedAirport's Executive Director, or the designee of the Department of Airports,

3, To the extent required by law, Grantee shall hold City harmless and defend findindemnify City for any injury or damages caused by Grantee's negligent activities undertakenpursuant to this Easement Agreement.

4. Prior to making any excavation upon said Easement, Grantee agrees to obey theCalifornia One Call Law by calling (800) 227-2600 and shall give proper advance notice to Cityin accordance with Paragraph 6 hereof and shall restore the surface of the ground, includinglandscaping, to as near as practicable the same condition as it was prior to such excavation.

5. Before undertaking any emergency or non-emergency work in secured(restricted) areas inaccessible to the general public, Grantee shall first obtain escorted accessfrom the Ontario Airport Manager, or his or her designeets), by calling Airport Maintenance at(909) 544~5254 , 01' such other telephone numberfs) as may be indicated in writing to Grantee.

Before undertaking any emergency or non-emergency work within (unsecured) areasaccessible to the general public, Grantee will provide advance notification to the Ontario AirportManager, or his or her designeets), by calling Airport Maintenance at (909) 544w5254, or suchother telephone number(s) as may be indicated in writing to Grantee.

Grantee will use its best efforts to ensure that such work shall not interfere with theoperation of Airport, its tenants and/or the traveling public.

6. Whenever performing work in or upon the Airport in exercising the rights grantedhereunder, Grantee or Grantee's contractor(s) shall be required to provide insurance in theamount required by the Department of Airports for "non-airfield (unrestricted) area" work orfor Hairfield (restricted) area" work, wh ichever is appropriate.

7. This Easement shall be used only for the purposes set forth herein, In the eventthat Grantee shall cease using the Easement for the purposes set forth herein for (:I period on oneyear or more, then Grantee shall, at City's written request, execute a Quitclaim Deed reconveyingthis easement to the City.

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8, The Easement granted herein is personal and specific to Grantee. This easement,or any right, privilege or interest therein, shall not be sold, conveyed, transferred or assigned byGrantee without the prior written consent of the Executive Director, whose consent will not beunreasonably withheld, Without such consent, any purported sale, conveyance, transfer, orassignment by Grantee of the Easement, or any right, privilege, 01' interest therein, shall be amaterial breach of this Easement Agreement, and shall be shall be void and of no effect.

9. The Easement granted in this Grant of Easement is non-exclusive, City retains therlght to grant concurrent easements to third parties within the Easement granted hereunder,provided such easements do not unreasonably interfere with Grantee's rights hereunder,

this

By: ....p....,L...1.~'.LilJ,,~~~¥li.JO....:~~~

klJ\.o ina Marie Lind yJ" Executive Director

Department of A irports

ACCEPTANCEThe foregoing Grant of Easement is hereby accepted this

6c..tobQ.\""' ,in theyear2013.

The wllhln Instrument approved byth9 Counc!1of lhe City of tos ' .""~Angoles of lw meeting 01' I.:dAliJ. ~2\le ..

,By \ ~~:tyVI.~I~!Deputy ~,~'"

::7Z_=_C_' _Print Name: $err ;/k#1dt1Print Title: ;!1cfL -Altwl ~'(jq5'

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ALL PURPOSE NOTARY ACKNOWLEDGMENT

ST ATE OF C~yFORNIA

COUNTY OFV_,.,.DlL..A-'-"-4-~-"-'"'-"""-''''''''..-''-----'----

On ~il-7tM ''0, before me, cfYla.A,(~ < kULi ,a Notary Public,

appeared 11f~ 0J1A1~ _ . _who proved to me on the basis of satisfactory evidence to be the personrs) whose name<rJ'is/al'0-subscribed to thewithin instrument and acknowledged to me that he/she.Lihe¥. executed the same in hjs/her.f1heh~ authorizedcapacltyties), and by his/herAheir signatureytJ on the instrument the persony<), 0[' the entity upon behalf of whichthe persont acted, executed the instrument.

r certify onder PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph istrue and correct,

. MARIA KIOOComm\a&lon #- 1964830

:;;.: NolMY publlo· CilUlornia ~% '~ . . .. los Angalas County ~t:;.' . J'i, CQmm. Ex~res 00.£ 24, 2Qi5

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DESCRIPTION OF ATTACHED DOCUMENT

OPTIONAL ,-----------------

Document Date: _

Type or Title of Document: _

Number of Pages

Signerts) other than above: _

CAPACITY (fES) OF SIGNER(S)

Signer's Name: _

o Individualo Corporate Officer

Title: _

o Pnl'tnershiplLLCo Attorney in Facto Trusteeo Guardian / Conservatoro Other

Signer is Representing: _

Right Thumbprint of Sj2ner:

Signer's Name: _

o Individualo Corporate Officer

Title: _

o Partnership/Ll.Co Attorney in Facto Trusteeo Guardian / Conservatoro Other

Signer is Representing: __ -'-- _

Ri Bitt Thumb(2l'int of Si,.g~

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EXHIBIT 'A'

VEruZON EASEMENT

LEGAL DESCRIPTION

Those portions of Lots 58, 59t find 60 of Map of Orange Park, filed in Book 17, page 55 of Maps, that

portion of'the northwest one-quarter (NWlI4) of Section 27, TOWI1Ship I south, Range 7 west, S.B.M., all

as shown 011 Record of Survey filed in Book 9, pages 65 and 66 of Surveys, and that portion of Vineyard

Avenue (100.00 feet wide) as described in Resolution No. 6332 recorded April 7, 1967 in Book 6800,

page 587, of Official Records, all records of San Bernardino County, located in the City of Ontario,

County of San Bernardino, State of'Californla, more particularly descrlbed as follows:

Strip #11

Being a strip of land 10.00 feet wide, the centerline of said strip more particularly described as follows:

Commencing at the lntersectiou of the centerline of Vineyard Avenue with the easterly projection of thesoutherly line of a 200,00 foot wide strip of land as shown as the Right of Way of the Southern PacificRailroad, both as shown on said Record of Survey;

Thence along said easterly projection and said sotlthel'ly line South 88°04102" West 956.65 feet;

Thence South 00024j49" East 64.12 feet to the Point of Beginning;

Thence NOIih 00024'49H West 19.26 feet to the beginning of a curve concave southeasterly having a

radius of 15,00 feet;

Thence northeasterly along said curve an arc length of23.66 feet through a central angle of90022'561• to

the beginning of a curve concave sontheasterly having a radius of 2264.00 feet;

Thence easterly along said curve all arc length of 161.99 feet through a central angle of 04°05'58";

Thence South 85°55' 55" East 482,1 t feet to the beginning of a curve concave southeasterly having a

radfus of 2043.00 feet;

Thence easterly along said curve an arc length of 213.99 feet through a central angle of 06"00'05";

Thence North 88°04'00u East 115.00 feet to a point hereinafter referred to as "Point AI';

Thence continuing North 88°04jOO" East 85.00 feet to the beginning of a curve concave northerly having

a radius of2343.00 feet;M~IiORQla5Q!1\5uRVfY\tE(1Al5\0f5Cmn10Ns\IAWA\4H01UAWA..VWIZON ....dQd

EXHIBITC

Thence easterly along said curve an arc length of 217.56 feet through a central angle of 05° \9' 13";

Thence North 82°44' 47" East 613.72 feet;

Thence N011h 88°04'00" Bast 190.67 feel;

Thence South 69°26'00" East 22.42 feet to the beginning of a curve concave northerly having a radius of

15.00 feet;

Thence easterly along said curve an arc length of 5.89 feet through a central angle of22°30'00";

Thence North 88°04'00" East 34.36 feet to the beginning of a curve concave northwesterly having a

radius of 25,00 feet;

Thence northerly along said curve an arc length of 39.27 feet through a central angle of90000'00";

Thence North 01°56'00" West 20.72 feet to the southerly line of a 200.00 foot wide strip of land as

shown as the Right of Way of the Southern Pacific Railroad on Tract No. 2244 filed in Book 35, pages 50

through 56 inclusive and the Point of Termination.

TIle sidelines of said strip to be prolonged 01' shortened as to terminate northerly on said southerly line.

Strip #Z:

Being a strip of land 10.00 feet wide, the centerline of said strip more particularly described as follows:

Beginning at above described "Point A", said point being the beginning of a curve concave southeasterly

having a radius of45.00 feet, a radial line from said beginning bears South 01°56'00" East;

Thence southerly along said curve an arc length of 70.69 feet through a central angle of 90°00'00";

Thence South Oro56'OO" East 309.08 feet;

Thence South 00°27' 57" East 350.76 feet;

Thence South 16D29'35" East 171.45 feet to the Point of Termination.

Excepting therefrom that portion lying within the hereinabove described Strip #1.

The above described parcel contains 31,272 square feet (0.72 acres) more or less.

See Exhibit '8' attached hereto and made a part hereof.RMHonOIO,OO\SURVlV\LEGAlS\CSSCRI?110NS\LAWA\4HOR_LAWA_VERllOH_.~o<2

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. imental, PLS 5022.k:cl~ ~ l't.o\~

Date

The Basis of Bearings fOI'this survey are based upon the NOI'th American Datum of 1983 (NAD83) of theCalifornia Coordinate System of 1983 (CCS83), Zone V, 2002.00 Epoch. Distances shown hereon are

ground distances.

This legal description is not intended for lise in [he division and/or conveyance of land in violation of the

subdivision map act of the State of California,

Prepared nnder the direction of:

RM~OROIQSQO\SURWI\leGAtl\OfSCRlpnONS\LAWA\~HDU"WILVERIZONAO(s

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