City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council adopt an Ordinance approving a First Amendment to
Development Agreement by and among the City of Culver City, Sony Pictures
Entertainment, Inc. and Lot, Inc. as recommended by the Planning Commission in
Resolution No. 2006-P007 (Attachment 1).
BACKGROUND/DISCUSSION:
At the City Council meeting of March 27, 2006, the Council introduced the Ordinance by
a vote of 5-0.
The Ordinance is brought back tonight for adoption.
ATTACHMENTS:
1. Proposed Ordinance
2. First Amendment to Sony Development Agreement
MOTION:
That the City Council:
Adopt an Ordinance Approving, Adopting and Authorizing the execution of a First
Amendment to Development Agreement by and among the City of Culver City, Sony
Pictures Entertainment, Inc. and Lot, Inc. relating to property located at 10202
Washington Boulevard.
Meeting Date: 04/10/06 Item Number: C-5
AGENDA ITEM: Adoption of an Ordinance Approving a First Amendment to
Sony Development Agreement Relating to Property Located at 10202
Washington Boulevard.
Contact Person/Dept.: Elinor Aurthur Phone Number: (310) 253-5728
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: Master Notification List (03/22/06)
Department Approval: Susan Evans
(04/05/06)
CAO Approval: Jerry Fulwood
(04/05/06)
City Controller Approval:
Marlee Chang (04/05/06)
MEETING DATE 04/10/2006
AGENDA ITEM Adoption of Ordinance No 2006- Approving First
Amendment to Sony Development Agreement Relating to
Property Located at 10202 Washington Boulevard
ATTACHMENTS
Paoes
1 Ordinance No 2006-
1-4
2, First Amendment to Development Agreement by and among
City of Culver Sony Pictures Entertainment, Inc and Lot, Inc 5-21Attachment No 1
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ORDINANCE NO 2006-
AN ORDINANCE OF THE CITY OF CULVER CITY, CALIFORNIA,
APPROVING ADOPTING AND AUTHORIZING THE
EXECUTION OF A FIRST AMENDMENT TO DEVELOPMENT
AGREEMENT BY AND AMONG TI-TE CITY OF CULVER CITY,
SONY PICTURES ENTERTAINMENT INC AND LOT, INC
RELATING TO REAL PROPERTY LOCATED AT 10202
WASHINGTON BOULEVARD
WHEREAS the City of Culver City ("City ), Sony Pictures Entertainment
Inc ( SPE ) and Lot Inc ( Lot ) (together SPE and Lot are referred to in this Ordinance
as Sony ) are parties to that certain Development Agreement dated September 15,
1993 recorded September 16 1993 as Document No 93-1803934 (the "Development
Agreement )
WHEREAS the original term of the Development Agreement was
reduced by five (5) years to September 15 2008, pursuant to the provisions of the
Development Agreement which reduction was memorialized in a 'Certification of
Reduction of Term of Development Agreement, which was recorded on April 19, 2002,
as Document No 02-0927563
WHEREAS Sony has applied to the City for City's approval of a First
Amendment to Development Agreement (the 'First Amendment' ), which First
Amendment will have the effect of extending the Vesting Term (as defined in the
Development Agreement) for an additional eighteen (18) year period to September 15
2026 with a further extension of two (2) additional years if Sony commences at least
three hundred thousand (300 000) square feet of new construction at the Studio on or
before December 31 2011 A copy of the First Amendment is hereby incorporated by
reference into the provisions of this Ordinance
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28WHEREAS after due notice the City Planning Commission (the
Planning Commission ) did conduct a duly noticed public hearing on the First
Amendment on March 22 2006
WHEREAS the Planning Commission has recommended that the City
Council approve the First Amendment
WHEREAS after due notice the City Council did conduct a public hearing
on the First Amendment on March 27 2006
WHEREAS an Initial Study has been prepared pursuant to the
requirements of the California Environmental Quality Act ("CEQA ) The Initial Study
demonstrates that the First Amendment will not have a significant effect on the
environment that none of the elements set forth in Public Resources Code Section
21166 or Section 15162 of the State CEQA Guidelines ( CEQA Guidelines ) exists,
WHEREAS the City Council has determined that none of the elements
set forth in Public Resources Code Section 21166 or Section 15162 of the CEQA
Guidelines exists and therefore has determined, in accordance with Public Resources
Code Section 21166 and Section 15162 of the CEQA Guidelines, that no subsequent
or supplemental Environmental Impact Report or Mitigated Negative Declaration is
required prior to adopting the Ordinance approving this First Amendment
WHEREAS the City Council has reviewed and considered the First
Amendment and the findings and recommendations of the Planning Commission, and
WHEREAS the City Council has determined that approval of the First
Amendment is in the public interest, and is consistent with the City s General Plan and
is adequately supported by due consideration
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28The City Council of the City of Culver City California, DOES HEREBY
ORDAIN as follows
The City Council finds with respect to the First Amendment
Section 1 It is consistent with the City s General Plan,
Section 2 The First Amendment will not be detrimental to the public
health, safety and general welfare since it encourages the development of a project
which continues to be desirable and beneficial to the public,
Section 3 The First Amendment complies with all applicable State and
City regulations governing development agreements and amendments to development
agreements
Section 4 The City Council hereby approves and adopts the First
Amendment which is hereby incorporated by this reference as though fully set forth
herein
Section 5 The Mayor is authorized and directed to sign the First
Amendment in the name of the City of Culver City and, the City Council further directs
that the First Amendment and this Ordinance be presented to the County Recorder for
recordation within ten (10) days after this First Amendment becomes effective
Section 6 This Ordinance shall take effect thirty (30) days from the
date of its adoption and prior to the expiration of fifteen (15) days from the adoption
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28hereof the City Clerk shall cause this Ordinance to be published in the Culver City
News Additionally the City Clerk shall post this Ordinance or a summary thereof in at
least three public places within the City pursuant to Section 517 of the City Charter
APPROVED and ADOPTED this day of April, 2006
ALBERT VERA, Mayor
City of Culver City, California
ATTEST APPROVED AS TO FORM
CHRISTOPHER ARMENTA
City Clerk
A06 00122
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CAROL A SCHWAB,
City AttorneyAttachment No 2
RECORDING REQUESTED BY
SONY PICTURES ENTERTAINMENT, INC
10202 West Washington Boulevard
Culver City, CA 90232
Attention Apnl Dmytrenko
AND WHEN RECORDED MAIL TO
COX, CASTLE & NICHOLSON LLP
2049 Century Park East, Suite 2800
Los Angeles, California 90067-3284
Attention Ronald I Silverman, Esq
Space Above This Line Is For Recorder's Use Only
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
BY AND AMONG THE CITY OF CULVER CITY,
SONY PICTURES ENTERTAINMENT INC AND LOT, INC
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ('F'irst
Amendment") is entered into as of the 10th day of May, 2006 by and among the CITY OF
CULVER CITY, a chartered city (the "City"), SONY PICTURES ENTERTAINMENT INC , a
Delaware corporation ("SPE") and LOT, INC , a Delaware corporation ("Lot") Together, SPE
and Lot are referred to in this First Amendment as "Sony"
RECITALS
A Sony and City are parties to that certain Development Agreement dated
September 15, 1993, recorded September 16, 1993, as Document No 93-1803934 (the
"Development Agreement")
Unless otherwise specified herein or the context requires otherwise, capitalized
terms used in this First Amendment shall have the same definitions as those set forth in the
Development Agreement
Since the Effective Date of the Development Agreement, September 15, 1993,
Sony has complied with each of the terms and conditions of the Development Agreement and the
terms and condthons_of each ofthe_Project_Approvals Over the past thirteen (13) years, Sony has made a business decision to invest m
improving the Property While this investment approach has limited the completion of net new
development on the Property, it has resulted in important improvement projects that involve
adaptive-reuse and remodeling of existing structures, upgrading infrastructure and lot
22640\1199801v6 1
3/1 1/7(06beautification This focus has preserved many of the Property's onginal structures, increased the
value of the Property and surrounding areas, established Sony as a state-of-the-art Studio, and
enhanced Sony's business operations on the Property and m the City Sony estimates that
approximately Five Hundred Million Dollars ($500,000,000) has been invested m adaptive-reuse
and remodeling of existing structures, upgrades to existing infrastructure and lot beautification
The onginal Vestmg Term of the Development Agreement was reduced by five
(5) years m accordance with the provisions of Section ifi C of the Development Agreement and
was memonalized m a "Certification of Reduction of Term of Development Agreement," which
was recorded on April 19, 2002, as Document No 02-0927563 Therefore, the Vesting Term of
the Development Agreement currently expires on September 15, 2008 Having invested
significant funds in adaptive reuse and remodeling of existing structures, upgrades to existing
infrastructure and lot beautification, Sony currently anticipates new development on the Property
in accordance with the development concepts set forth m the Development Agreement and the
Project Approvals and therefore has requested the City to amend the Development Agreement to
extend the Vestmg Tenn of the Development Agreement for eighteen (18) years until September
15, 2026 In addition, Sony has requested the City to extend the Vestmg Term an additional two
(2) years, ie, until September 15, 2028, if Sony commences at least three hundred thousand
(300,000) square feet of "new construction" (as defined in the Development Agreement) on the
Property on or before December 31, 2011
Under the Development Agreement, Sony was required, for a period of ten (10)
years, to purchase for the Culver City Unified School District (the "District") at least Twenty-
Five Thousand Dollars ($25,000) worth of equipment and programs, as approved by the
Supenntendent of the District Sony's obligation to contribute Twenty-Five Thousand Dollars
($25,000) to the District expired in 2003 In the Spring of 2005, Sony voluntarily announced
that it would renew its commitment to the District for another ten (10) years with an annual
contribution of at least Twenty-Five Thousand Dollars ($25,000) In this First Amendment,
Sony desires to confirm Sony's commitment to the District (the "School District Commitment' )
In addition to the School District Commitment, Sony has agreed, for a period of
ten (10) years, to contribute to the City's Unified Fund (the "Unified Fund") at least Twenty-Five
Thousand Dollars ($25,000) per year The City's Umfied Fund supports City sponsored cultural
and environmental events and programs
On March 12, 2002, Lot acquired title from Southern Cahforrna Edison to a piece
of property approximately twenty thousand three hundred (20,300) square feet in size near the
southwest corner of the Property (the "Edison Parcel") City and Sony have therefore agreed to
amend Exhibit "A" to the Development Agreement (the legal description of the Property) to add
the Edison Parcel
Subject to certain exceptions set forth in the Development Agreement, the
Development Agreement permits Sony to develop the Project in ----- accordance with the Applble
Rules that were in effect on the Effective Date of the Development Agreement, September 15,
1993 In connection with the adoption of this First Amendment, the City has requested Sony to
agree to an additional exception to the vesting provisions of the Development Agreement,
namely, agreeing to be subject to the City's current Zorung Code, adopted October, 2005 (Title
•ymitrivi 1QQRfl1vA
2
3/13/200617 of the Culver City Municipal Code) (the "2005 Zoning Code") Subject to the provisions of
the Development Agreement, as amended by this First Amendment, Sony has agreed to be
subject to the provisions of the 2005 Zoning Code
Council has determined that none of the elements set forth in Public Resources
Code Section 21166 or Section 15162 of the State CEQA Guidelines ("CEQA Guidelines")
exists and therefore has determined, m accordance with Public Resources Code Section 21166
and Section 15162 of the CEQA Guidelines, that no subsequent or supplemental Environmental
Impact Report or Mitigated Negative Declaration is required to be prepared prior to adoptmg the
Ordinance approving this First Amendment
On March 22, 2006, the Planning Commission held a duly noticed public hearing
on this First Amendment and, at the conclusion thereof, adopted Resolution No recommending to the City Council approval of this First Amendment
Section IV L of the Development Agreement provides for amendment of the
Development Agreement upon mutual consent of the parties and m accordance with tne
procedures established by the Development Agreement Act The Council has found that this
First Amendment has been adopted m conformance with the procedures of the Development
Agreement Act
M On March 27, 2006, the Council introduced Ordinance No and on April
10, 2006, the Council adopted Ordinance No approving this First Amendment
Ordinance No became effective on May 10, 2006 (the "First Amendment Effective
Date")
NOW, THEREFORE, m consideration of the above recitals and the covenants hereinafter
contained, the parties agree as follows
1 Extension of Vesting Term The Vesting Term of the Development Agreement is
hereby extended an additional eighteen (18) years to September 15, 2026 In addition, to
encourage continued development of the Project, if construction of at least three hundred
thousand (300,000) square feet of 'new construction" (as defined in the Development
Agreement) is commenced by December 31, 2011, the Vesting Term shall be increased by an
additional two (2) years to September 15, 2028
2 School District Commitment Anniinlly, on or before July 1 of each year
following the First Amendment Effective Date, for a period of ten (10) years, Sony agrees to
purchase for the District at least Twenty-Five Thousand Dollars ($25,000) worth of equipment
and programs, as approved by the Supenntendent of the District
3 Unified Fund Commitment Annually, on or before July 1 of each year following
the First-Ainendment-Effective-DateTfor-a-period of ten-(10)-years-Sony agrees to contribute-at least Twenty-Five Thousand Dollars ($25,000) to the Unified Fund
4 2005 Zoning Code
22640 \ 1199/101v6 3/13/2006a Sony's Agreement to be Bound by 2005 Zoning Code Notwithstandmg
the vestmg provisions of the Development Agreement and subject to the provisions of the "ZC
Review" set forth in Section 4 b below, Sony hereby agrees to be bound by the provisions of the
2005 Zoning Code In addition, the 2005 Zoning Code shall constitute a part of the Applicable
Rules and shall vest as of the First Amendment Effective Date so that no change m the 2005
Zoning Code following the First Amendment Effective Date shall be applied by the City to the
Project unless the City determines that the failure to apply such change would place the residents
of the City in a condition dangerous to their health or safety, or both
Zoning Code Review Notwithstanding Sony's agreement to be bound by
the terms of the 2005 Zoning Code, Sony has requested and the City has agreed that Sony shall
have a period of two (2) months following the First Amendment Effective Date m which to
review the 2005 Zoning Code in order for Sony to determine whether there are any provisions m
the 2005 Zoning Code that would have a matenal adverse effect on Sony's ability to develop the
Project m accordance with the provisions of the Project Approvals (the "ZC Review Period") If,
during the ZC Review Period, Sony identifies one or more provisions in the 2005 Zoning Code
that, m Sony's opinion, could have a material adverse effect on Sony's ability to develop the
Project m accordance with the provisions of the Project Approvals ("Adverse Provision(s)"),
then Sony shall notify the City of the Adverse Provision(s) and the City shall have a period of ten
(10) days in which to review the Adverse Provision(s) identified by Sony and to advise Sony if
the City agrees or disagrees that the Adverse Provision(s) identified by Sony would have a
matenal adverse effect on Sony's ability to develop the Project in accordance with the provisions
of the Project Approvals If the City fails to respond to Sony within such ten (10) day period, the
City shall be deemed to have disagreed that the Adverse Provision(s) identified by Sony would
have a material adverse effect on Sony's ability to develop the Project If; during the ten (10)
day penod, the City agrees that the Adverse Provision(s) identified by Sony would have a
material adverse effect on Sony's ability to develop the Project in accordance with the provisions
of the Project Approvals, then Sony and the City shall execute an Operating Memorandum in
accordance with the provisions of Section IV M of the Development Agreement confirming
those Adverse Provision(s) that shall not be an Applicable Rule and shall not be applicable to the
Project If the City notifies Sony within such ten (10) day period that it disagrees or is deemed to
nave aisagreed with Sony that one or more Adverse Pro vision(s) would have a matenal adverse
effect on Sony's ability to develop the Project m accordance with the provisions of the Project
Approvals, then the Adverse Provision(s) about which Sony and the City disagree or are deemed
to have disagreed shall be submitted to a reference procedure m accordance with the provisions
of Section IV D 3 of the Development Agreement If Sony fails to notify the City within the ZC
Review Period of any Adverse Provision(s), then Sony shall be deemed to have agreed to be
bound by the provisions of the 2005 Zoning Code
5 Revised Municipal Code References On July 24, 2000, the City Council adopted
an ordinance to recodify and renumber titles, chapters and sections of the Culver City Municipal
Code Therefore, wherever the Development Agreement refers to a title, chapter or section
number of the Culver City Municipal Code it shall be deemed to be a reference to the
recodified/renumbered applicable title, chapter or section and any future recodified/renumbered
applicable title, chapter or section of the Municipal Code applicable, provided, however, nothing
m this Section 5 shall affect the vestmg provisions of the Development Agreement, as amended
22640\1199801v6 4
3/13/2006by this First Amendment, including, without limitation, Sections ifi B 1 and 2 of the
Development Agreement
6 Revision to Legal Descnption of the Property In order to add the Edison
Parcel, Exhibit "A' to the Development Agreement is hereby amended m its entirety as more
particularly set forth on Exhibit "A" attached hereto The Edison Parcel shall constitute a part of
Comprehensive Plan Design Area 4|109| Inconsistencies The Development Agreement is hereby amended to add a new
Section IV Y to read as follows
"Y Inconsistencies
In the event of any inconsistency between an Applicable Rule and a
Project Approval, the provisions of the Project Approval shall control In the
event of any inconsistency between the provisions of any Apphcable Rule, a
Project Approval and the provisions of this Development Agreement, as amended
by this First Amendment, the provisions of this Development Agreement, as
amended by this First Amendment, shall control"|109| No Other Revisions to Development Agreement Except as set forth herem, all
terms and conditions of the Development Agreement shall remain m full force and effect|10 9| First Amendment Effective Date This First Amendment shall become effective
on the First Amendment Effective Date
IN WITNESS WHEREOF, this First Amendment has been executed by the parties on the
day and year first written above
SONY PICTURES ENTERTAINMENT ]NC, a
Delaware corporation
Date , 2006
By Leah Weil
Its Senior Vice President, General Counsel
and Assistant Secretary
LOT, INC , a Delaware corporation
Date , 2006
By
Its
22640\1199801v6 5 3/13/2006Date , 2006
By
Its
CITY OF CULVER CITY
Date , 2006 By , Mayor
APPROVED AS TO FORM
Carol A Schwab, City Attorney
-
22640\1199801v6 6
3/13/2006STATE OF CALIFORNIA
)
)
SS
COUNTY OF LOS ANGELES
)
On March , 2006 before me, (here insert name of the officer),
Notary Public, personally app eared personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/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
Notary Public
STATE OF CALIFORNIA
)
)
SS
COUNTY OF LOS ANGELES
)
On March , 2006 before me, (here insert name of the officer),
Notary Public, personally app eared personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/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
Notary Public
22640 \1199801v6 7
3/13/2006STATE OF CALIFORNIA
)
)
ss
COUNTY OF LOS ANGELES
)
On March , 2006 before me, (here insert name of the officer),
Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscnbed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authonzed 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
Notary Public
STATE OF CALIFORNIA
)
)
SS
COUNTY. OF LOS ANGELES
)
On March , 2006 before me, (here insert name of the officer),
Notary Public, personally app eared personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/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
Notary Public
22640\1199801v6
8
3/13/2006EXHIBIT A
THE LAND REFERRED TO IN THIS EXHIBIT IS DESCRIBED AS FOLLOWS
PARCEL A
PARCEL 1
THAT PORTION OF THE 819 63 ACRE TRACT, RANCHO LA BALLONA, IN THE
CITY OF CULVER CITY, IN THE COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, ALLOTTED TO MACEDONIA AGUILAR, BY FINAL DECREE OF
PARTITION HAD IN CASE NO 965 OF THE DISTRICT COURT OF SAID
COUNTY, DESCRIBED AS FOLLOWS
BEGINNING AT THE INTERSECTION OF THE NORTHEAST LINE OF OVERLAND
AVENUE (FORMERLY FIRST STREET OR SAN PEDRO ROAD) WITH THE
SOUTHEAST LINE OF WASHINGTON STREET (FORMERLY BALLONA ROAD
NO 2), THENCE SOUTHEASTERLY ALONG THE NORTHEAST LINE OF SAID
OVERLAND AVENUE, 1118 29 FEET, MORE OR LESS, TO A POINT DISTANT
NORTHWESTERLY 210 FEET, MEASURED ALONG SAID NORTHEAST LINE FROM
THE NORTHWEST LINE OF THE RIGHT-OF-WAY OF THE PACIFIC ELECTRIC
RAILWAY COMPANY (DEL REY BRANCH) AS DESCRIBED IN DEED RECORDED
IN BOOK 1684 PAGE 159 OF DEEDS, THENCE NORTHEASTERLY IN A DIRECT
LINE 546 90 FEET, MORE OR LESS, TO A POINT IN THE SOUTHWEST LINE
OF THE LAND CONVEYED TO LOS ANGELES TRUST & SAVINGS BANK, BY
DEED RECORDED IN BOOK 6578 PAGE 31 OF SAID DEED RECORDS, DISTANT
NORTHWESTERLY ALONG SAID SOUTHWEST LINE, 111 33 FEET FROM SAID
NORTHWEST LINE OF THE RIGHT-OF-WAY OF THE PACIFIC ELECTRIC
RAILWAY COMPANY, THENCE SOUTHEASTERLY ALONG SAID SOUTHWEST LINE
111 33 FEET TO THE NORTHWEST LINE OF SAID RIGHT-OF-WAY, THENCE
NORTHEASTERLY ALONG SAID RIGHT-OF-WAY LINE, 1422 44 FEET, MORE
OR LESS, TO THE SOUTHWEST LINE OF THE 150 ACRE TRACT OF LAND
DESCRIBED IN DEED TO VICTOR PONET, RECORDED IN BOOK 150 PAGE 403
OF SAID DEED RECORDS, THENCE NORTHWESTERLY ALONG THE
SOUTHWESTERLY LINE OF THE LAND OF PONET, 631 13 FEET TO SAID
SOUTHEASTERLY LINE OF WASHINGTON STREET, THENCE SOUTHWESTERLY
ALONG SAID SOUTHEASTERLY LINE OF WASHINGTON STREET TO THE POINT
OF BEGINNING
PARCEL 2
LOTS 1 THROUGH 15, INCLUSIVE, IN BLOCK 2 AND LOTS 2 THROUGH 16,
INCLUSIVE, IN BLOCK 3 IN TRACT NO 1775, IN THE CITY OF CULVER
CITY, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER
22640\111210v3 1MAP RECORDED IN BOOK 21 PAGES 190 AND 191 OF MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY
PARCEL 3
GRANT AVENUE AS SHOWN ON THE MAP OF TRACT 1775, IN THE CITY OF
CULVER CITY, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 21 PAGES 190 AND 191, OF MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
EXCEPT THAT PORTION OF SAID GRANT AVENUE WHICH WOULD PASS WITHIN
A CONVEYANCE OF LOT 1, BLOCK 3 OF SAID TRACT NO 1775
PARCEL 4
THAT PORTION OF PUTNAM AVENUE, NOW KNOWN AS CULVER BOULEVARD,
40 00 FEET WIDE, LYING NORTHWESTERLY OF THE PACIFIC ELECTRIC
RAILWAY, 60 00 FEET WIDE, AS SHOWN ON THE MAP OF TRACT 1775, IN
THE CITY OF CULVER CITY, IN THE COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 21 PAGES 190 AND 191 OF
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
BOUNDED SOUTHWESTERLY BY THE SOUTHWESTERLY BOUNDARY LINE OF SAID
TRACT 1775 AND BOUNDED NORTHEASTERLY BY THE SOUTHEASTERLY
PROLONGATION OF THE NORTHEASTERLY LINE OF LOT 16 IN BLOCK 3 OF
SAID TRACT 1775
PARCEL 5
THAT PORTION OF THAT CERTAIN 60-FOOT STRIP OF LAND IN THE RANCHO
LA BALLONA IN THE CITY OF CULVER CITY, IN THE COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 3
PAGES 204 TO 209 INCLUSIVE OF MISCELLANEOUS RECORDS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED IN DEED
TO THE LOS ANGELES HERMOSA BEACH AND REDONDO RAILWAY COMPANY,
RECORDED ON AUGUST 7, 1902 IN BOOK 1630 PAGE 26 OF DEEDS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, A PORTION OF
CULVER BOULEVARD FORMERLY PUTNAM AVENUE (NORTH ROADWAY) 40 FEET
WIDE, AS SHOWN ON THE MAP OF TRACT NO 1775, RECORDED IN BOOK 21
PAGES 190 AND 191 OF MAPS OF SAID COUNTY AND A PORTION OF
MADISON AVENUE, 100 FEET WIDE, AS SHOWN ON THE MAP OF SAID TRACT
NO 1775 ALL OF WHICH WERE VACATED AND ABANDONED BY RESOLUTION
NO 83-R138 OF THL CITY-COUNCIL-OF-THE-CITY-OF-CULVER-CITY, CERTIFIED COPY OF WHICH WAS RECORDED ON OCTOBER 27, 1983 AS
DOCUMENT NO 83-1271984 IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS
22640\111210v3 2BEGINNING AT THE MOST EASTERLY CORNER OF LOT 16 IN BLOCK 3 OF
SAID TRACT NO 1775, THENCE ALONG THE NORTHEASTERLY LINE OF SAID
LOT 16 TO AND ALONG THE NORTHEASTERLY LINE OF LOT 1 IN SAID
BLOCK 3, NORTH 35 DEGREES 29 MINUTES 00 SECONDS WEST 149 58 FEET
TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND
HAVING A RADIUS OF 960 00 FEET, THENCE SOUTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 09 DEGREES 40 MINUTES 08
SECONDS, AN ARC DISTANCE OF 162 01 FEET TO THE BEGINNING OF A
REVERSE CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 25 00 FEET
THROUGH WHICH A RADIAL LINE BEARS NORTH 44 DEGREES 50 MINUTES 52
SECONDS EAST, THENCE SOUTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 79 DEGREES 11 MINUTES 27 SECONDS, AN ARC
DISTANCE OF 34 55 FEET, THENCE SOUTH 34 DEGREES 02 MINUTES 19
SECONDS WEST 72 65 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 191 24 FEET, THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9
DEGREES 27 MINUTES 44 SECONDS, AN ARC DISTANCE OF 31 58 FEET,
THENCE NORTH 24 DEGREES 34 MINUTES 35 SECONDS WEST 30 83 FEET TO
THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING
A RADIUS OF 171 24 FEET, THENCE SOUTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 9 DEGREES 27 MINUTES 44 SECONDS AN
ARC DISTANCE OF 28 28 FEET, THENCE SOUTH 34 DEGREES 02 MINUTES
19 SECONDS WEST 18 63 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 1647 00 FEET, THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4
DEGREES 59 MINUTES 40 SECONDS, AN ARC DISTANCE OF 143 57 FEET,
THENCE SOUTH 29 DEGREES 02 MINUTES 39 SECONDS WEST 74 38 FEET TO
THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING
A RADIUS OF 1552 00 FEET, THENCE SOUTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 4 DEGREES 53 MINUTES 42 SECONDS, AN
ARC DISTANCE OF 123 59 FEET TO A POINT OF INTERSECTION WITH A
CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 100 00 FEET TO
WHICH POINT A RADIAL LINE OF SAID 100 00-FOOT-RADIUS CURVE BEARS
SOUTH 60 DEGREES 57 MINUTES 28 SECONDS EAST, SAID 100 00-FOOT-
RADIUS CURVE BEING A COURSE IN THE NORTHWESTERLY BOUNDARY OF
PARCEL 6-5 IN DEED RECORDED MARCH 4, 1964 AS INSTRUMENT NO
4596, THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 12 DEGREES 39 MINUTES 36 SECONDS, AN ARC DISTANCE OF
22 10 FEET, THENCE CONTINUING ALONG SAID NORTHWESTERLY BOUNDARY
OF PARCEL 6-5 NORTH 16 DEGREES 22 MINUTES 56 SECONDS EAST 66 89
FEET TO THE INTERSECTION OF THE NORTHWESTERLY LINE OF
HEREINBEFORE-MENTIONED 60-FOOT-WIDE STRIP OF LAND WITH THE
SOUTHWESTERLY-LINE-0e SAIL) TRACT-1775, THENCE ALONG THE SOUTHEASTERLY LINE OF A 1 25-FOOT-WIDE STRIP AS VACATED BY THE
CITY OF CULVER CITY BY ORDINANCE NO 253, PASSED AND APPROVED
OCTOBER 10, 1927 AND PURSUANT TO RESOLUTION NO 1887, ADOPTED
22640\111210v3 3MAY 6, 1929 NORTH 34 DEGREES 02 MINUTES 19 SECONDS EAST 1 31
FEET TO THE NORTHEASTERLY LINE OF SAID 1 25-FOOT-WIDE STRIP,
THENCE ALONG SAID NORTHEASTERLY LINE NORTH 38 DEGREES 36 MINUTES
46 SECONDS WEST 31 43 FEET TO THE SOUTHEASTERLY LINE OF THAT
PORTION OF CULVER BOULEVARD AS VACATED BY THE CITY OF CULVER
CITY BY ORDINANCE NO 465, APPROVED AND ADOPTED JUNE 28, 1937,
THENCE ALONG LAST SAID SOUTHEASTERLY LINE NORTH 34 DEGREES 02
MINUTES 19 SECONDS EAST 30 12 FEET TO THE NORTHEASTERLY LINE OF
SAID PORTION OF CULVER BOULEVARD, THENCE ALONG LAST SAID
NORTHEASTERLY LINE NORTH 38 DEGREES 36 MINUTES 46 SECONDS WEST
10 48 FEET TO THE SOUTHEASTERLY LINE OF LOT 9, BLOCK 3 OF SAID
TRACT NO 1775, THENCE ALONG LAST SAID SOUTHEASTERLY LINE AND
THE SOUTHEASTERLY LINE OF LOTS 10 THROUGH 16 INCLUSIVE, OF SAID
BLOCK 3, TRACT NO 1775 NORTH 34 DEGREES 02 MINUTES 19 SECONDS
EAST 417 76 FEET TO THE POINT OF BEGINNING
EXCEPT THAT PORTION OF SAID LAND LYING SOUTHWESTERLY OF A
STRAIGHT LINE DRAWN PERPENDICULAR TO THE NORTHWESTERLY LINE OF
THE HEREINABOVE UNRECORDED 60 FOOT WIDE STRIP OF LAND AND WHICH
PASSES THROUGH THE INTERSECTION OF SAID NORTHWESTERLY LINE WITH
THE SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID
TRACT NO 1775
ALSO EXCEPT THAT PORTION OF SAID LAND DESCRIBED AS FOLLOWS
THAT PORTION OF PUTNAM AVENUE, NOW KNOWN AS CULVER BOULEVARD,
40 00 FEET WIDE, LYING NORTHWESTERLY OF THE PACIFIC ELECTRIC
RAILWAY, 60 00 FEET WIDE, AS SHOWN ON THE MAP OF TRACT 1775, IN
THE CITY OF CULVER CITY, IN THE COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 21 PAGES 190 AND 191 OF
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
BOUNDED SOUTHWESTERLY BY THE SOUTHWESTERLY BOUNDARY LINE OF SAID
TRACT 1775 AND BOUNDED NORTHEASTERLY BY THE SOUTHEASTERLY
PROLONGATION OF THE NORTHEASTERLY LINE OF LOT 16 IN BLOCK 3 OF
SAID TRACT 1775
ALSO EXCEPT THAT PORTION OF SAID LAND LYING NORTHWESTERLY OF A
LINE DRAWN PERPENDICULAR TO THE NORTHEASTERLY LINE OF LOT 1 IN
BLOCK 3 OF TRACT NO 1775 AND WHICH PASSES THROUGH THE MOST
EASTERLY CORNER OF SAID LOT 1
22640\111210v3 4PARCEL B
THE LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF LOS
ANGELES, AND DESCRIBED AS FOLLOWS
LOT 1 IN BLOCK 3 OF TRACT 1775, IN THE CITY OF CULVER CITY, AS
PER MAP RECORDED IN BOOK 21 PAGES 190 AND 191 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
EXCEPT THEREFROM THAT PORTION OF LOT 1 IN BLOCK 3, AS SHOWN ON
TRACT 1775, IN THE CITY OF CULVER CITY, AS PER MAP RECORDED IN
BOOK 21 PAGES 190 AND 191 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS
BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 1 IN BLOCK 3 OF
SAID TRACT 1775, SAID POINT BEING ALSO THE INTERSECTION OF THE
SOUTHEAST PROPERTY LINE OF GRANT AVENUE, SIXTY FEET WIDE AND THE
SOUTHWEST PROPERTY LINE OF MADISON AVENUE, ONE HUNDRED FEET WIDE
ON SAID TRACT 1775, THENCE ALONG THE NORTHEASTERLY LINE OF SAID
LOT 1, SOUTH 35 DEGREES 29 MINUTES 00 SECONDS EAST 14 42 FEET TO
THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING
A RADIUS OF 10 00 FEET, THENCE NORTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 110 DEGREES 32 MINUTES 7 SECONDS AN
ARC DISTANCE OF 19 29 FEET TO THE NORTHWESTERLY LINE OF SAID LOT
1, THENCE ALONG SAID NORTHWESTERLY LINE NORTH 33 DEGREES 58
MINUTES 53 SECONDS EAST 14 42 FEET TO THE POINT OF BEGINNING
EXCEPT ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES IN AND
UNDER ALL OF THE ABOVE DESCRIBED REAL PROPERTY, BUT WITHOUT THE
RIGHT TO PENETRATE, USE OR DISTURB THE SURFACE OF SAID PROPERTY
OR ANY PORTION OF SAID PROPERTY WITHIN 500 FEET OF THE SURFACE
THEREOF, AS RESERVED BY SMITH AND SALSBURY IN DEED RECORDED
APRIL 27, 1984 AS INSTRUMENT NO 84-510558
22640\111210v3 5PARCEL C
PARCEL 1
THAT PORTION OF GRANT AVENUE AS SHOWN ON THE MAP OF TRACT 1775,
IN THE CITY OF CULVER CITY, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 21 PAGES 190 AND 191 OF
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
BOUNDED AS FOLLOWS
ON THE SOUTHEAST BY THE NORTHWEST LINE OF LOT 1, BLOCK 3 OF SAID
TRACT 1775, ON THE NORTHWEST AND NORTHEAST RESPECTIVELY BY THE
SOUTHEASTERLY LINE OF BLOCK 2 AND SOUTHEASTERLY PROLONGATION OF
THE NORTHEASTERLY LINE OF BLOCK 2 OF SAID TRACT 1775, AND ON THE
SOUTHWEST BY THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY
LINE OF LOT 1 OF BLOCK 3 OF SAID TRACT 1775, AS DESCRIBED AND
SHOWN ON EXHIBIT "A" TO RESOLUTION NO CS-6468 RECORDED
SEPTEMBER 18, 1970 AS INSTRUMENT NO 3468
PARCEL 2
THAT PORTION OF LOT 1 IN BLOCK 3, AS SHOWN ON TRACT 1775, IN THE
CITY OF CULVER CITY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 21 PAGES 190 AND 191 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS
FOLLOWS
BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 1 IN BLOCK 3 OF
SAID TRACT 1775, SAID POINT BEING ALSO THE INTERSECTION OF THE
SOUTHEAST PROPERLY LINE OF GRANT AVENUE, 60 00 FEET WIDE AND THE
SOUTHWEST PROPERLY LINE OF MADISON AVENUE, 100 00 FEET WIDE, ON
SAID TRACT 1775, THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY
LINE OF SAID LOT 1, 14 42 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 10 00 FEET,
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
110 DEGREES 32 MINUTES 7 SECONDS AN ARC DISTANCE OF 19 29 FEET
TO THE NORTHWESTERLY LINE OF SAID LOT 1, THENCE ALONG SAID
NORTHWESTERLY LINE 14 42 FEET TO THE POINT OF BEGINNING
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART OF THE LEGAL
DESCRIPTION BY REFERENCE HEREIN
EXLLPTTALL-OIL, GAS AN DOHER HYDROCARBON SUBSTANCES-IN-AND
UNDER ALL OF THE ABOVE DESCRIBED REAL PROPERTY, BUT WITHOUT THE
RIGHT TO PENETRATE, USE OR DISTURB THE SURFACE OF SAID PROPERTY
OR ANY PORTION OF SAID PROPERTY WITHIN 500 FEET OF THE SURFACE
22640\111210v3 6THEREOF, AS RESERVED BY SMITH AND SALSBURY, IN DEED RECORDED
APRIL 27, 1984 AS INSTRUMENT NO 84-510-558
22640\111210v3 7PARCEL D
THE LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF LOS
ANGELES, AND DESCRIBED AS FOLLOWS
THAT PORTION OF RANCHO LA BALLONA, IN THE CITY OF CULVER CITY,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON CLERK'S
FILED MAP NO 16, ON FILE IN THE OFFICE OF COUNTY ENGINEER OF
SAID COUNTY, AS DESCRIBED IN THE DEEDS TO THE LOS ANGELES
HERMOSA BEACH & REDONDO RAILWAY COMPANY, A CORPORATION, RECORDED
AUGUST 14, 1902, IN BOOK 1605 PAGE 299 OF DEEDS AND RECORDED
NOVEMBER 8, 1902 IN BOOK 1684 PAGE 159 OF DEEDS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY
EXCEPT THEREFROM THAT PORTION OF SAID LAND INCLUDED WITHIN THE
LAND AS DESCRIBED IN PARCEL 6-4 IN THE DEED TO THE CITY OF
CULVER CITY, RECORDED MARCH 4, 1964 AS INSTRUMENT NO 4429, IN
BOOK D-2382 PAGE 721, OFFICIAL RECORDS OF SAID COUNTY
ALSO EXCEPT THEREFROM THAT PORTION OF SAID LAND, INCLUDED WITHIN
THE LAND AS DESCRIBED IN THE PARTIAL JUDGMENT AND FINAL ORDER OF
CONDEMNATION ENTERED IN THE LOS ANGELES COUNTY SUPERIOR COURT
CASE NO C470,345, A CERTIFIED COPY OF WHICH WAS RECORDED
OCTOBER 23, 1985, AS INSTRUMENT NO 85-1252160 OF OFFICIAL
RECORDS OF SAID COUNTY
PARCEL E
THAT PORTION OF THE LANDS DESCRIBED WITHIN THAT CERTAIN
CORPORATION GRANT DEED FILED IN BOOK 6968, PAGE 225 OF DEEDS, IN
THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, LYING
NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE
COMMENCING AT THE INTERSECTION OF THE SOUTHEASTERLY PROLONGATION
OF THE NORTHEASTERLY LINE OF OVERLAND AVENUE (FORMERLY FIRST
STREET), SAID NORTHEASTERLY LINE BEING 53 00 FEET NORTHEASTERLY
AND PARALLEL WITH THE CENTERLINE OF SAID OVERLAND AVENUE, AND
THE NORTHWESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT OF
WAY (FORMERLY PACIFIC RAILWAY, PLAYA DEL REY BRANCH), AS SHOWN
ON TRACT NO 10078, FILED IN BOOK 141, PAGES 23 THROUGH 25,
INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY,
THENCE NORTH 34°00'30" EAST, 381 31 FEET, ALONG SAID
NORTHWESTERLY LINE OF SOUTHERN PACIFIC RAILROAD RIGHT OF WAY TO
22640\111210v3 8THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION, THENCE NORTH
38°40'34" WEST, 139 59 FEET, TO A POINT ON THE NORTHWESTERLY
LINE OF SAID CORPORATION GRANT DEED, SAID POINT BEING SOUTH
43°55'32" WEST, 156 85 FEET, ALONG SAID NORTHWESTERLY LINE FROM
THE NORTHERLY CORNER OF THE LANDS DESCRIBED WITHIN SAID
CORPORATION GRANT DEED
SHOWN AS PARCEL 1 OF THAT CERTAIN LOT LINE ADJUSTMENT NO P-
2001042, WHICH RECORDED MARCH 15, 2002 AS INSTRUMENT NO 02-
0632134
22640\111210v3 9