To the Public Works Committee

Of the Honorable Council

Of the City of Los Angeles

Honorable Members:

SUBJECT:

Office of the City Engineer

Los Angeles, California

JUL 1 7 2 014

C. D. No. 5

Termination of Covenant and Agreement Regarding Lot -Tie Agreement- Le Conte Avenue at Westwood Boulevard - Right of Way No.36000-1960.

RECOMMENDATIONS:

A. That the petitioner's request for the termination ofcovenant and agreement Recorded as Document No. 03-1025918,regarding the agreement recorded in conjunction with thevacation of "Alley Southerly of Le Conte Avenue fromapproximately 120 feet Easterly of Broxton Avenue", underCouncil File No. 00-1919, Work Order E1400716 shown coloredred on Exhibit "A" be approved, subject to the followingcondition:

1. The petitioner make satisfactory arrangements with theReal Estate Group of the Bureau of Engineering, 1149 S.Broadway, 6th Floor, Los Angeles, California, 90015,telephone (213) 485-5766, with respect to payment ofdocument recording fees.

B. That the City Engineer be authorized to execute and record asuitable release from the covenant and agreement recorded asDocument No. 03-1025918.

C. That pursuant to Section 96.5(5) of the City Charter, theCouncil find that the release of the existing covenant andagreement is in substantial conformance with the purpose,intent and provisions of the General Plan.

D. That the Real Estate Division of the Bureau of Engineeringrecord the necessary termination document.

Council -2- C.D. No. 5

E. That a copy of the Council action be forwarded to the RealEstate Division of the Bureau of Engineering forprocessing.

F. That notification of the time and place of the City Councilmeeting to consider this matter be sent to:

1. FYJA, LLCAttn: Barry Beitler825 S. Barrington AvenueLos Angeles, CA 90049

2. Reed Architectural Group, Inc.Attn: John Reed657 Rose AvenueVenice, CA 90291

FISCAL IMPACT STATEMENT:

A fee of $5,831.50 was paid for processing this request pursuantto Section 7.40 of the Administrative Code.

TRANSMITTALS:

1. Application dated January 25, 2013 from FYJA, LLC., Attn:Barry Beitler.

2. Exhibit "A", location map.

3. Copy of Covenant and Agreement Document No. 03-1025918.

4. Copy of Covenant and Agreement Document No. 2013111336.

DISCUSSION:

Barry Beitler, representing FYJA, LLC, is requesting the City toterminate the covenant and agreement regarding the Lot -Tie lyingon Le Conte Avenue at Westwood Boulevard, shown colored red onExhibit "A".

The petitioner is requesting, by application dated January 25,2013, the City Council of Los Angeles, to release its rightsunder the Agreement, recorded on April 10, 2003 as Instrument No.03-1025918. This agreement was recorded on April 10, 2003 inconjunction with the vacation of a portion of the L-Shaped alley

Council -3- C.D. No. 5

lying approximately 120 feet easterly of Broxton Avenue andapproximately 120 feet northerly of Weyburn Avenue, done underCouncil File No. 00-1919, Work Order VAC-E1400716.

Retention of the agreement over the property shown outlined inred on Exhibit "A" is no longer necessary. A replacement Lot -TieAgreement, approved by the Department of Building and Safety onJanuary 22, 2013 and recorded as Document No. 20130111336 tyingthe vacated alley to Lots 2, 3, 4, 5, 6, 7, 8 9, 17, Block 2,Tract No. 10600 under the petitioner's ownership will satisfy therequirement of not creating a substandard parcel as the result ofthe alley vacation.

ENVIRONMENTAL DETERMINATION:

The Bureau of Engineering has determined that the termination ofcovenant and agreement regarding the Lot -Tie Agreement is exemptfrom the California Environmental Quality Act of 1970, pursuantto the categorical exemptions included in the City of Los AngelesGuidelines under Article III, Class 5(22).

Respectfully submitted,

Edmond Yew, ManagerLand Development GroupBureau of Engineering

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INDEX MAP 490

632-A2

5

DEPARTMENT OF PUBLIC WORKSGARY LEE MOORE, P.E.

CITY ENGINEER

EXHIBIT "A"

0

DATE 01/25/13

BUREAU. 0? ENGINEERINGLAND DEVELOPMENT GROUP

201 N. Figueroa Street, Suite 200, Los Angeles, CA 90012

APPLICATION'FOR TERMINATION OF COVENANT AND • AGREEMENT/WAIVER OF DAMAGES

Applicant (s) FYLA, LLC, a California limited liability company (print)(Full Name)

825 S. Barrington Avenue Los Angeles, CA 90049(Address) (City) (Zip)

- are the owner(s) or representative(s) of the owner(s) of theproperties shown on the attached sketch or'described below.

2. The involved property islocated at 10918-10924W. Le Conte Ave.,

901 S. Westwood Blvd.

Property description: or See attached Lot No.,Tract No. Legal Description

Legal Description on Exhibit 'A'

3. The project - lies within or is shown on:

(a) EngineetingDistrict: (Check appropriately)

( ) Central ( ) Harbor ( Valley:(Y) West Los Angeles

(b) Council District No. 5

(c) District Map No. 135B149

(d) Thomas Guide Reference: 632-A2

5. The termination of the bocument is necessary because

Instrument #20130111336, Covenant and Agreement to Hold Property as One Parcel replaces Instrument #03-1025918. This new Covenant and Agreement satisfies the conditions of Resolution No. 02-1400716.

6. The phone number at which I can be contacted during the day

(area code) (310) 820-2955

7. Applicant's signature Barry Beitler, Managing Member

fr

TITLES)

FEE

This page is part of your'document- DO NOT DISCARD (M-1025918

RECORDEDIFILED 1 IN OFFICIAL RECORDSRECORDERS OFFICE

LOS ANGELES COUNTY4„_. CALIFORNIA .11110k

10:21 AM APR 10 2003• IMINCNOMMEMOSM.11.."1.

IFEE $10 RR)DAP $2

10-20CODE

20

CODE19

CODE9

D.T.T

Assessor's Identification Number (AIN)To be completed by Examiner OR Title Company In black Ink. Number of Parcels Shown

THIS FORM NOT TO BE DUPLICATED

Recorded at the request ofTEE CITY OF LOS ANGELES

When recorded mail toCity Clerk Mail Box

03-1025918

R/W No.33395-2CA

COVENANT AND AGREEMENT TO HOLDPROPERTY AS ONE PARCEL

The undersigned hereby certify that they are the owners of theherein-after legally describedproperty in The City of Los Angeles, County of Los Angeles, State of California:

Lot 1, 2, 3, 4 and 17 in Block 2 of Tract 10600, as per map recorded inBook 161 pages 1 and 2 of Maps, in the office of the county recorder of saidcounty.

And, in consideration of the elimination of the requirement for the recordation of anew tract map and to meet a condition for theVAr-r1400714 public street, entitled:Alley Southerly of La Conte Ave. from approx 120 feet Easterly of Broxton Ave.,proposed to be vacated by action of the City Council, under Council FileArp.41-191-9; and

L Ldescribed herein by reference to the Resolution to Vacate recordedon __, as Document No. 63-05-4mag in the office of the Los Angeles County Recorder; doeshereby covenant and agree with The City of Los Angeles, a municipal corporation, that (eachof) the above legally described parcels of land together with the area proposed to be vacatedby said proceedings, which would pass with conveyance of the said lot(s), or by operation

L -1.3 --in law; W.Eil one parcel uu portion uuu be oviu separately until such

time as a new subdivision map is recorded over said area, a parcel map exemption ispermitted or until released by authority of the City of Los Angeles.

It is further provided that a breach of the foregoing covenant and agreement shall notdefeat nor render invalid the lien of any mortgage or deed of trust made in good faith and forvalue as to said premises or any part thereof. --

This covenant and agreement shall run with the land and shall be binding upon theundersigned, and future owners, encumbrancers, its and their successors and assigns, andshall continue in effect until such time as a new subdivision map is recorded over saidarea, a parcel map exemption is permitted or until released by authority of the City of LosAngeles.

Signature

03 1025918

DATED MAR 11 202

R/W No. 33395:2CA

BM Landowners, a California partnership

By: Robert D. Burch, as Trustee underDeclaration of Trust dated July 20, 1984It's General partner

By:Robert D. Burch, Trustee

STATE OF CALIFORNIA } SSCOUNTY OF LOS ANGELES }

On l'haA-414 aoo before me, ,uoit Supe-k. personally appeared

• elLutt—IN. personallyknown to me (or proved to me collie basis of satisfactory evidence)to be the person(s) whose name(s) is/aresubscribed to the within instrument and acknowledged to me that he/she/they executed the same inhis/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

My Commission Expires /-ft, -o3

Y. A

LiNDA SUDERCommission # 1205482 ,

Notary Public - CaliforniaLos Angetes County

Pity COMM Exiling Jan 18.2003I

THIS AREA FOR OFFICIAL NOTARIAL SEAL

A

This page is part of your document - DO NOT DISCARD

201301113361111 1111

Recorded/F led in Offic al RecordsRecorder's Office, Los Angeles County,

CaliforniaAi1Pait0 01/23/13 AT 12:59PM

NI000712 31

SEQ:01

alai111111111

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1111111 11111 11 AIE1IVINPdIIVIa 1111 EMI di1E11 111111111111111111 I ENE 111111111111111THIS FORM IS NOT TO BE DUPLICATED

Mi

A

Pga

FEES: 21.00

TAXES: 0.00OTHER: 0.00

PAID: 21.00

A

Recorded at the request of and mail to:

FYJA 'LLC, a California limited liability company (Name)

825 S. Barrington Avenue (Address)

Los Angeles 90049(City, State, & Zip)

Date of Recording: SPACE ABOVE THIS LINE FOR RECORDER'S USECOVENANT AND AGREEMENT

TO HOLD PROPERTY AS ONE PARCEL(Pre-printed text shall not be changed except when done by an authorized Building and Safety employee.)

The undersigned hereby certify that we are the owners of real property located in the City of Los Angeles, State of California that islegally described (as follows) (on the attached exhibit(s) 'A ):LOT(S): 2, 3, 4, 5. 6, 7. 8, 9. 17 BLOCK: 2 TRACT: TR 10600 LOT(S): VAC 03-0850605 Vacated Alley BLOCK: TRACT: LOT(S): BLOCK: TRACT:

,As recorded in Book: 161 , Page: 1 & 2 Records of Los Angeles County, This property is located at and is known bythe following ADDRESS: 10918 W. Le Conte Avenue . . We hereby agree and covenant withthe City of Los Angeles that the above legally describe real property shall be held as one parcel and no portion shall be sold separately.

This covenant and agreement is executed for the purpose of creating a single building site andto hold each adjoining parcel of land under one ownership and its adjoining vacated alley VAC 03-0850605. as one parcel topreclude the creation of landlocked parcels aSregulated by Section 12.03 (and) of the Los Angeles Municipal Code. Thiscovenant and agreement shall run with all of the above described land and shall be binding upon ourselves, and future owners,encumbrances, their successors, heirs or assignees and shall continue in effect, until released by the authority of the Superintendent ofBuilding of the City of Los Angeles upon submittal of request, applicable fees and evidence that this Covenant and Agreement is nolonger required by law.

FYJA, LLC, a California limited liability company

I CARTOGRAPHER'S Owner's Name(s) Barry Beitler, Managing Member USE ONLY =- (Please type or print)

Owner's SIgnature(s) (sign)Two Officers' SignaturesRequired for Corporations (Sion)Name of Corporation Dated this a a day of /JO V ere, 20 /

SIGNATURES MUST BE NOTARIZED(STATE OF CALIFORNIA, COUNTY OF 1-05 ANIE7e'LL=r-c

On k)0 VelY16E-e.. 21, .2-01Z before me, PI • VI-it I\1S tre I ) KJ 0134/2 V PLUS Li C,, personally appeared 13Af1e V InTLE-2 who provedto me on the basis of satisfactory evidence to be the person(s)- whose names subscribed to the within instrument andacknowledged to me chat he executed the same ineharltheir-authorized capacity(ies) - and that byEiiheritheinsignature(a)on the instrument the person(s), or the entity upon behalf of which the personfej acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the Slate of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. r

Signature

FOR DEPARTMENT USE ONLY

MUST BE APPRO • BY the • pt. of Building and Safety prior to recording

(Seat) a

KNONSAR1COMM #1888467 piNotaryLai AIGBES cowry ".

!Vara t OGT IFI 20231

Covenant for Cit DepartmentTo be completed r City ned property only.

APPROVED BY: Date:

PC•STRAff 22 (Rev. 12/29/2009) vwsw,ladbsso

EXHIBIT 'A'

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