ORDINANCE NO.

An ordinance authorizing and providing for City’s grant of a perpetual, exclusive multipurpose easement to Mountains Recreation and Conservation Authority (MRCA), over a portion of Taylor Yard Parcel G2 (Parcel G2). The 12.5 acre easement over Parcel G2 (Multipurpose Easement) consists of a 9.275 acre easement area which fronts on the Los Angeles River ($20,000,000 purchase price) and an adjoining 3.225 acre easement area which also fronts on the Los Angeles River ($6,952,770 purchase price). The Multipurpose Easement is sold to MRCA without calling for bids because the public interest and necessity is served by the grant of such Easement to MRCA.

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

Section 1 City Charter Section 371(e)(10) provides that the City Council of Los Angeles may authorize conveyance of City-owned property to a party without competitive bid where it is undesirable, impracticable or impossible to do so. City Charter Section 372 adds that even when said Section 371(e)(10) conditions are met, a competitive bid is still required if reasonably practical and compatible with City interests. The City Council hereby determines that the Multipurpose Easement need not be competitively bid under said Charter sections because: (1) $20,000,000 of the MRCA purchase price for the Easement will be used to pay down the Municipal Improvement Corporation of Los Angeles (MICLA) commercial paper debt used to finance City’s purchase of Parcel G2, as directed by the Council in its Official Action of January 27, 2017; (2) the $6,952,770 balance of the MRCA purchase price for the Easement will fund closing costs and ongoing site assessments and initial remediation of contamination on Parcel G2 as required by Department of Toxic Substances Control (DTSC) under its Remedial Action Plan (RAP) of February 14, 2014, or a revised RAP approved by DTSC for Parcel G2; (3) MRCA's uses of the Easement will implement the river recreational development goals of the Los Angeles River Revitalization Master Plan adopted by the Council on May 9, 2007; and (4) MRCA’s uses will also implement the river habitat restoration goals of the Los Angeles River Ecosystem Restoration Project approved by the Council on June 29, 2016. Accordingly, the City Council hereby authorizes the Multipurpose Easement be granted to MRCA as a perpetual and exclusive easement serving MRCA for the sum of $26,952,770 under the conditions set forth below, and without notice of sale or advertisement of bids because the requirements of City Charter Sections 371 (e)(10) and 372 are met.

Location and Legal Description of the Multipurpose Easement

A 12.5 acre portion of Parcel G2 located at 2850 Kerr Street, Los Angeles, California 90039, on a portion of Assessor Parcel Number 5442-002-823. Refer to Exhibit A (9.275 acre easement area) and Exhibit B (3.225 acre easement area) attached hereto and incorporated herein by this reference.

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Sec. 2. The Mayor of the City of Los Angeles in the name of and on behalf of the City is hereby authorized and directed to execute with MRCA Purchase and Sale Agreements, Grants of Easement, a Memorandum of Understanding, and ancillary documents related to the Multipurpose Easement described in Section 1 of this Ordinance, and the City Clerk of the City of Los Angeles is hereby authorized and directed to attest same and affix the City Seal to said documents.

Sec. 3. Relevant City staff (including Department of General Services, Bureau of Engineering, and Chief Legislative Analyst) are hereby authorized to execute and deliver agreements, deeds and ancillary documents, and complete all necessary processes to effect this grant to MRCA of the Multipurpose Easement referenced in Section 1 of this Ordinance. Additionally, the Controller is hereby authorized to deposit: (1) $20,000,000 of MRCA’s purchase price for the Easement into the City’s Capital Finance Administration Fund No. 100, Department 53 - Commercial Paper Account 000316; and (2) the $6,952,770 balance of the purchase price (minus City's closing costs) into Capital Improvement Expenditure Program Fund No. 100, Department 54 - Taylor Yard G2 Project Account.

2

EXHIBIT “A;

MRCA MULTI PURPOSE EASEMENT

THAT PORTION OF PARCEL G2 IN THE CITY OF LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED ON JUNE 25, 2010 AS INSTRUMENT NO. 20100875529 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE IN THE

GENERALLY NORTHERLY BOUNDARY OF SAID PARCEL G2, HAVING A BEARING AND

LENGTH OF "NORTH 70°59'31" EAST 216.98 FEET", THE BEARING OF THIS LINE FOR THE

PURPOSE OF THIS DESCRIPTION IS NORTH IV'WST EAST; THENCE NORTH 01°46‘45"

EAST, ALONG SAID BOUNDARY OF PARCEL G2, 70.21 FEET; THENCE NORTH 71°50'39''

EAST 190.56 FEET; THENCE SOUTH 17c18'47" EAST 307.06 FEET; THENCE SOUTH

EAST 15.12 FEET; THENCE SOUTH 34°55T0" EAST 332.72 FEET; THENCE

SOUTH 55°04'50" WEST 223.16 FEET; THENCE SOUTH 14°26'31" WEST 498.95 FEET TO

THE WESTERLY BOUNDARY OF SAID PARCEL G2; THENCE ALONG SAID WESTERLY

BOUNDARY, THE FOLLOWING 3 COURSES: (1) NORTH 29°13‘14" WEST 507.17 FEET TO

THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS

OF 1030.19 FEET, (2) NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE

OF 30°59'59" AN ARC DISTANCE OF 557.38 FEET, AND (3) NORTH 7101T5T‘ EAST 216.98

FEET TO THE POINT OF BEGINNING.

THE A80VE DESCRIBED LAND CONTAINS 404,040 SQ. FT. 9.27549 ACRES MORE OR

LESS.

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DRAWN BY: J.C.SHEET: 1 OF 2OFER KbrAPIRA DATEJOB: MRCAAAYLOR YARD CHECKED BY: O.S.

EXHIBIT “B1

MRCA MULTI PURPOSE EASEMENT

THAT PORTION OF PARCEL G2 IN THE CITY OF LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED IN CERTIFICATE OF COMPLIANCE

RECORDED ON JUNE 25, 2010 AS INSTRUMENT NO. 20100875529 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE WESTERLY BOUNDARY OF SAID PARCEL G2 DISTANT

THEREON SOUTH 29°13'14" EAST 507.17 FEET FROM THE SOUTHERLY TERMINUS OF

THAT CERTAIN TANGENT CURVE IN SAID WESTERLY BOUNDARY HAVING A RADIUS OF

1030.19 FEET AND AN ARC LENGTH OF 557.38 FEET; THENCE ALONG SAID WESTERLY

BOUNDARY SOUTH 29°13'14" EAST 284.09 FEET; THENCE NORTH 10°14'02" EAST 543.84

FEET; THENCE NORTH 55°04'50M EAST 244.41 FEET; THENCE NORTH 34°55'10" WEST

224.12 FEET; THENCE SOUTH 55°04’50" WEST 223.16 FEET; THENCE SOUTH 14°26'31"

WEST 498.95 FEET TO THE POINT OF BEGINNING

THE ABOVE DESCRIBED LAND CONTAINS 140,460 SQ. FT 3.22451 ACRES MORE OR

LESS.

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‘ ’ EASEMENT SKETCH’”'Mrca Multi purpose easeWeNt

PARCEL G2. TAYLOR YARD. LOS ANGELES. CA 90055DRAWN BY: J.C.

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11-17-17r SHEET: 1 OF 1OFERLfiHAPIRA DATE

JOB: MRCA/TAYLOR YARD CHECKED BY: O.S.

Sec. 4. 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.

Approved as to Form and Legality

MICHAEL N. FEUER, City Attorney

By^CURT ton G \m? Deputy City Attorney

Date

File No. 13-1641-S3

m:\real prop_env_land use\real property_environment\curt holguin\ordinances 2018\draft ordinance retayloryard easement.docx

I hereby certify that the foregoing ordinance was passed by the Council of the City of Los Angeles.

CITY CLERK MAYOR

Ordinance Passed Approved