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HomeMy WebLinkAboutResolution No. 126RESOLUTION NO. 126 A RESOLUTION OF THE AZUSA REDEVELOPMENT AGENCY APPROVING AN OWNER PARTICIPATION AGREEMENT WITH SOUTHWEST PORTLAND CEMENT COMPANY AND TRANSIT MIXED CONCRETE COMPANY WHEREAS, the Azusa Redevelopment Agency (hereinafter "Agency") adopted the Azusa Westend Redevelopment Project on November 28, 1983; WHEREAS, Section 224 of the Plan and Sections 33380 and 33381 of the Health & Safety Code that provide for the Agency and owners or tenants of land within the Plan to enter into agreements to develop, rehabilitate, or use the property in con- formance with the Plan and subject to the provisions in the Owner Participation Agreement; WHEREAS, the purpose of the Owner Participation Agreement with Transit Mixed Concrete Company and Southwest Portland Cement Company, a copy of which is attached hereto, is to effectuate the Azusa Westend Redevelopment Plan; WHEREAS, the Board of Directors of the Azusa Redevelop- ment Agency find and determine that the public interest, convenience, and necessity require the execution of the said agreement; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Azusa Redevelopment Agency, that Owner Participation Agreement No. 1 between the Agency and Southwest Portland Cement Company and Transit Mixed Concrete Company, is hereby approved and the Chairman of the Board of Directors is hereby authorized to execute the Agreement on behalf of the Agency, provided the Agreement executed is substantially the same as that which is attached hereto. The Secretary shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this 26th day of January 1984. Chairman I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Azusa Redevelopment Agency, at an adjourned regular meeting thereof held on the 26th day of January 1984, by the following vote of the Board: AYES: BOARD MEMBERS: CRUZ, COOK, CAMARENA, LATTA, MOSES NOES: BOARD MEMBERS: NONE ABSENT: BOARD MEMBERS: NONE IS, Secretary • Recorded at Request of and When Recorded, Return To: Azusa Redevelopment Agency 213 E. Foothill Blvd. Azusa, California 91702 Attn: Lloyd Wood Executive Director • MEMORANDUM OF AGREEMENT AFFECTING REAL PROPERTY Azusa Redevelopment Agency (herein referred to as "Agency"), and Southwestern Portland Cement Company, a Delaware corporation (herein referred to as "Southwestern"), the owner of certain real property (herein referred to as the "Site") located within the City of Azusa and legally described in Exhibit "A" which is attached hereto and incorporated herein by reference as though set forth in full, and Transit Mixed Concrete Company, a California corporation (herein referred to singly as "Transit Mixed" and jointly with Southwestern as the "Participants"), which has leased certain portions of the Site from Southwestern, the legal description of which is contained Exhibit "B" which is attached hereto and incorporated herein as though set forth in full, entered into that certain agreement executed January 27, 1984 entitled "Azusa Redevelopment Agency Owner Participation Agreement No. 1" (herein referred to as "Agreement") and as a result the parties hereto do agree as follows: 1. The parties agree that the portions of the Site denominated the "Quarry Area", the "Asphalt Plant", and the "Landfill" will be used by the Participants pursuant to the terms and conditions contained in the Agreement. 2. The Agency agrees that it shall not acquire any portion of the Site by eminent domain for redevelopment purposes. The agency agrees that it shall not acquire the entire site by eminent domain for redevelopment purposes so long as the Participants fulfill their material obligations pursuant to the Agreement. This waiver shall expire upon completion or abandonment of operations by either Participant, as provided in the Agreement. 3. The parties agree that the Agency shall notify Participants of any breach, and Participants shall have an opportunity to remedy such breach, as more specifically described in the Agreement. 4. The parties agree that if a material breach is not remedied within the permitted time, the Agency may exercise the remedies provided in the Agreement which include liquidated damages, additional remedies other than eminent domain, and condemnation of the entire site, pursuant to the terms and conditions contained in the Agreement. The Agency shall not exercise its power of eminent domain for redevelopment purposes to acquire any interest less than the entire site. 5. The Agency agrees that Participants shall not be required to obtain any conditional use permit or other approval from the City of Azusa to carry out their operations, subject to the terms and conditions of the Agreement. 6. The parties agree to cooperate in good faith in attempting to obtain any favorable action by governmental agencies to carry out the purposes of the Agreement. 7. The parties agree that Participants' compliance with the provisions of the Agreement attached hereto constitutes compliance with the Azusa Zoning Ordinance, to the extent provided in the Agreement. 8. The terms of the Agreement are incorporated herein by reference as though set forth in full. All of the covenants, promises and agreements contained herein are subject to all of the terms and conditions stated in the Agreement. 9. This Memorandum of Agreement Affecting Real Property and the Agreement shall be binding upon the parties hereto and upon the successors in interest of the parties. -2- DATED: November 30, 1984 AZUSA REDEVELOPMENT AGENCY ByJ EUGENE MOSES CHAIRMAN ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On November 30, 1984 , before me, the under- signed, a Notary Public in and for said State, personally appeared EUGENE MOSES, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Chairman of the Azusa Redevelopment Agency that executed the within instru- ment and acknowledged to me that such Public Agency executed the same. ` WITNESS my hand and 4� Notary Public in and fo said County and State official seal. -3- imp�t_w t.., STATE OF CALIFORNIA COUNTY OF Los Angeles E SOUTHWESTER RTLAND CEMENT COMPANY Davies, President ran R. McGoey, Vice Pres. ,& Secretary ACKNOWLEDGMENT ss On November 16, 1984 , before me, the under- signed, a Notary Public in and for said State, personally appeared J. H. Davies , personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the President, and Frank R. McGoey personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Secretary of the Corporation that executed the within instrument and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. Estrella F. Ramos -4- DATED: 1L,�J,'. L(�15 TRANSIT MIXED CONCRETE COMPANY -- By ��_�._,��i�. 1 1Lur 1- By�— STATE OF CALIFORNIA COUNTY OF Los Angeles ACKNOWLEDGMENT ss On November 6, 1984 , before me, the under- signed, a Notary Public in and for said State, personally appeared Richard C. Lawton , personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Transmix Corporation President, and R. J. Schluter , personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Assistant Secretary of the Corporation that executed the within instrument and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. OFFICIAL SEAL A DAIRLBE I. N4 C-) LR NOTARY P�16UC-CALIF n:11A PAL OFFICE IN a LOS ANGELES COUNTY My Comm'.mr &;ires 'r es J u us; 9, 1587 9-5- :. nn„......,...__..-__. e Southwestern Portland Cement Company Exhibit A All of Lots 28, 29 and those portions of Lots 30, 46, 47, 48 of Subdivision No. 2, Azusa Land and Water Company, in the City of Azusa, in the County of Los Angeles, State of California, as per map recorded in Book 43, Page 94 of Miscellaneous records in the Office of the County Recorder of said County, and all of Blocks 9, 10, 13, 14, 15, 16, 17, 18, 19 and 20 and those portions of Blocks 5, 11 and 12, together with that portion of First Street, vacated by Resolution No. 4933 of the City of Azusa, recorded December 9, 1965, as Document No. 3030 of Official Records of said County, and those portions of Van Ness Avenue, Broadmoor Avenue, Arlington Avenue, Piedmont Avenue, McKinley Street, Paramount Street, Roosevelt Street, that certain alley in said Block 5, all vacated by Resolution No. 2762 of the City of Azusa, Recorded May 5., 1953, as Document No. 3516 of official Records of said County, all shown on Tract No. 8507, in the City of Azusa, in the County of Los Angeles, State of California, as per map recorded in Book 102, Pages 78, 79 and 80 of Maps, in the Office of the County Recorder of said County, described as a whole as follows: Beginning at the Northwesterly corner of said Lot 30; thence Easterly along the Northerly lines of said Lots 30 and 46, to the Northeasterly corner of said Lot 46; thence Southerly along the Easterly line of said Lot 46 to the Northerly line of said Lot 47; thence Westerly along said last mentioned Northerly line to the Easterly line of the West 5 acres of the East 10 acres of the North Half of said Lot 47; thence Southerly along said last mentioned Easterly line to the Northerly line of the South Half of said Lot 47; thence Easterly along said last mentioned Northerly line to the Easterly line of said Lot 47; thence Southerly along said Easterly line to the Northerly line of said Lot 48; thence Westerly along said Northerly line to the Westerly line of the Easterly 20 feet of said Lot 48; thence Southerly along said Easterly line.to the Northerly line of the Southerly 450 feet of said Lot 48; thence Westerly along said last mentioned Northerly line to the Westerly line of the Easterly 30 feet of said Lot 48; thence Southerly along said last mentioned Westerly line to the Southerly line of said Lot 48; thence Westerly along said Southerly line to the Easterly line of the Westerly 290 feet of the East Half of the East Half of said Lot 48; thence Northerly along said last mentioned Easterly line to the Northerly line of the Southerly 450 feet of said Lot 48; thence Westerly along said Northerly line to the Easterly line of the West Half of the East Half of said Lot 48; thence Northerly along said last mentioned Easterly line to the Southerly line of the North Half of the West Half of the East Half of said Lot 48; thence Westerly along said last mentioned Southerly line to the Easterly line of the West Half of said Lot 48; thence Southerly along said last mentioned Easterly line to the Northerly line of the Southerly 254 feet of said Lot 48; thence Westerly along said last mentioned Northerly line to the Easterly line of the West Half of the West Half of said Lot 46; thence Southerly along said last mentioned Easterly line to the Southerly line of said Lot 48; thence Westerly along the Southerly line of said Lots 48 and 28 to and along the Southerly line of said Tract No. 8507 to the Westerly line of said Block 5; thence Northerly along said last mentioned Westerly line to Westerly prolongation of the Southerly line of Parcel 1 of Record of Survey, filed in Book 76, Page 87, Records of said County; thence Easterly along said Westerly prolongation to the Southwesterly corner of said Parcel 1; thence Easterly, Northeasterly and Northerly along the Southerly and Easterly lines of said Record of Survey to the Westerly line of said Block 11; thence Northerly along said last mentioned Westerly line to the Northwesterly corner of said Block 11; thence Northerly along the Northerly prolongation of said last mentioned Westerly line to and along the Westerly line of said Block 10 to the Northwesterly corner of said Block 10; thence Northerly along the Northerly prolongation of said last mentioned Westerly line to and along the Westerly line of said Block 9 to the Northwesterly corner of said Block 9; thence Northerly along the Northerly pro- longation of said last mentioned Westerly line to the Southerly line of Lot 25 of Subdivision No. 2, Azusa Land and Water Company; thence Easterly along said Southerly line to the Westerly line of said Lot 30; thence Northerly along said Westerly line to the Point of Beginning. Except therefrom the North 130.00 feet, measured at right angles, to the Northerly line of the Northeast 5 acres in square form of said Lot 30. Also except therefrom a parcel of land leased to and presently occupied by Metro Steel Buildings, Inc. located at the northeast corner of Gladstone Ave. and Irwindale Ave., Azusa, California, described as follows: A parcel of land., approximately 1.86 acres, in square form, 265' along the Southerly line and and 307' along the Westerly line of Block 5, Tract 8507, as described above and shown in Exhibit A-1 attached. Also except therefrom a parcel of land located on the west side`of Jackson Street, Azusa, California, described as follows: Beginning at the intersection of the Northerly line of the Southerly 450.00 feet of Lot 48 of Subdivision No. 2, Azusa Land and Water Company, as shown on the map recorded in Book 43, Page 94 of Miscellaneous Records in the Office of the Los Angeles County Recorder, with the Westerly line of the Easterly 30.00 feet of said Lot 48; thence Westerly along said Northerly line 10.00 feet; thence Southerly on the Westerly line of the Easterly 40.00 feet of said Lot 48; 435.41 feet to the intersection of a curve of radius 25.00 feet concave to the Northwest; thence Easterly and Northerly along said curve a distance of 23.10 feet to a tangent line. Said line being the Westerly line of the Easterly 30.00 feet of said Lot 48; thence Northerly along last mentioned line to the Point of Beginning. - 2 - a2 IR\NINDALE AVE. 1 u1.�w. .Lr,ca.B.C. A CALIFORNIA 91702 `• i) 'l4 A 74A I C ; I � j 4 Cn� 4 . \•\ yr � � ! lif• O -.• r�LAD.5TONE .411!E. Exhibit .A-3. QUARRY AREA • EXHIBIT B All of Lots 28, 29 and those portions of Lots 30, 46, 47, 48 of Subdivision No. 2, Azusa Land and Water Company, in the City of Azusa, in the County of Los Angeles, State of California, as per map recorded in Book 43, Page 94 of Miscellaneous records in the Office of the County Recorder of said --- County and all of Blocks 9, 10, 13, 14, 15, 16, 17, 18, 19 and 20 and those portions of Blocks 5, 11 and 12, together with that portion of First Street, vacated by Resolution No. 4933 of the City of Azusa, re- corded December 9, 1965, as Document No. 3030 of Official Records of said County, and those portions of Van Ness Avenue, Broadmoor Avenue, Arlington Avenue, Piedmont Avenue, McKinley Street, Paramount Street, Roosevelt Street, that certain alley in said Block 5, all vacated by Resolution No. 2-762 of the City of Azusa, Recorded May 5, 1953, as Document No. 3516 of Official Records of said County, all shown on Tract No. 8507, in the City of Azusa, in the County of Los Angeles, State of California, as per map recorded in Book 102, Pages 78, 79 and 80 of Maps, in the Office of the County Recorder of said County, described as a whole as follows: Beginning at the Northwesterly corner of said Lot 30; thence Easterly along the Northerly lines of said Lots 30 and 46, to the Northeasterly corner of said Lot 46; thence Southerly along the Easterly line of said Lot 46 to the Northerly line of said Lot 47; thence Westerly along said last mentioned Northerly line to the Easterly line of the West 5 acres of the East 10 acres of the North Half of said Lot 47; thence Southerly along said last mentioned Easterly line to the Northerly line of the South Half of said Lot 47; thence Easterly along said last mentioned Northerly line to the Easterly line of said Lot 47; thence Southerly along said Easterly line to the North- erly line of said Lot 48; thence Westerly along said Northerly line to the Westerly line of the Easterly 20 feet of said Lot 48; thence Southerly along said Easterly line to the Northerly line of the Southerly 450 feet of said Lot 48; thence Westerly along said last mentioned Northerly line to the Westerly line of the Easterly 30 feet of said Lot 48; thence Southerly along said last men- tioned Westerly line to.the Southerly line of said Lot 48; thence Westerly along said Southerly line to the Easterly line of the Westerly 290 feet of the East Half of the East Half of said Lot 48; EXHIBIT B thence 11 along said last rtioned East- erly 1 to the Northerly line he Southerly 450 feet of said Lot 48; thence Westerly along said Northerly line to the Easterly line of the West Half of the East Half of said Lot 48; thence Northerly along said last mentioned Easterly line to the Southerly line of the North Half of the West Half of the East Half of said Lot 48; thence Westerly along said last mentioned Southerly line to the Easterly line of the West Half of said Lot 48; thence Southerly along said last mentioned Easterly line to the Northerly line of the South- erly 254 feet of said Lot 48; thence Westerly along said last mentioned Northerly line to the Easterly line of the West Half of the West Half of said Lot 48; thence Southerly along said last men- tioned Easterly line to the Southerly line of said Lot 48; thence Westerly along the Southerly line of said Lots 48 and 28 to and along the Southerly line of said Tract No. 8507 to the Westerly line of said Block 5; thence Northerly along said last mentioned Westerly line to Westerly prolongation of the South- erly line of Parcel 1 of Record of Survey, filed in Book 76, Page 87 Records of said County; thence Easterly along said Westerly prolongation to the Southwesterly corner of said Parcel 1; thence East- erly, Northeasterly and Northerly along the South- erly and Easterly lines of said Record of Survey to the Westerly line of said Block 11; thence Northerly along said last mentioned Westerly line to the Northwesterly corner of said Block 11; thence North- erly along the Northerly prolongation of said last mentioned Westerly line to and along the Westerly line of said Block 10 to the Northwesterly corner of said Block 10; thence Northerly along the North- erly prolongation of said last mentioned Westerly line to and along the Westerly line of said Block 9 to the Northwesterly corner of said Block 9; thence Northerly along the Northerly prolongation of said last mentioned Westerly line to the Southerly line of said Lot 25 of said Subdivision No. 2, Azusa Land and Water Company; thence Easterly along said Southerly line to the Westerly line of said Lot 30; thence Northerly along said Westerly line to the Point of Beginning. Except therefrom (i) the real property conveyed by Azusa Rock and Sand Company to Aerojet General Corporation by deed dated February 15, 1955 and recorded in Book 46910, Page 375, Official Records Los Angeles County, California; and (ii) the real property conveyed.by Davies Realty Co. to Aerojet General Corporation by.deed dated June 24, 1950 and recorded in Book 33549, Page 375, Official Records, Los Angeles County, California that remained vested in Aerojet General Corporation after its conveyance to Azusa Rock and Sand Company by deed dated Febru- ary 15, 1955 and recorded in Book 46910, Page 374, Official Records, Los Angeles County, California. EXI4IBIT B, page 2 Also ext therefrom a strip of 1,� 50 feet wide, over th alance of the general No erly line of said strip�of"land described as follows: Beginning at the Northwesterly corner of said Lot 30; thence Easterly along the Northerly lines of said Lot 30 to the West line of the parcel of real property owned by Aerojet General Corpora- tion (Aerojet) described in the first exception listed above, thence Southerly along said West line of the Aerojet parcel to the Southerly line of the Aerojet parcel, thence Easterly along said Southerly line to the Easterly line of the Aerojet parcel, then Northerly along said Easterly line of the Aerojet.parcel to the .Northerly line of Lot 46, thence Easterly along said last mentioned Northerly line to the Northeasterly corner of said Lot 46. The side lines of said strip of land shall be pro- longed or shortened so as to terminate at the intersections thereof. Also except therefrom that portion of said land included within a strip of land 50 feet wide, the general Easterly line of said strip of land, des- cribed as follows: Beginning at the Northeasterly corner of said Lot 46; thence Southerly along the Easterly line of said Lot 46 to the Northerly line of said Lot 47; thence Westerly along said last mentioned Northerly line to the Easterly line of the West 5 acres of the East 10 acres of the North Half of said Lot 47; thence Southerly along said last mentioned Easterly line to the Northerly line of the South Half of said Lot 47; thence Easterly along said last men- tioned Northerly line to the Easterly line of said Lot 47; thence Southerly along said Easterly line to the Northerly line of said Lot 48; thence West- erly along said Northerly line to the Westerly line of the Easterly 20 feet of said Lot 48; thence Southerly along said Easterly line to the Northerly line of the Southerly 450 feet of said Lot 48. The side lines of said strip of land shall be pro- longed or shortened so as to terminate at the in- tersections thereof. Also except therefrom that portion of said land in- cluded within a strip of land 50 feet wide, the general Southerly line of said strip of land des- cribed as follows: Beginning at the intersection of the Westerly line of the Easterly 20 feet of said Lot 48, with the Northerly line of the Southerly 450 feet of said Lot 48; thence Westerly along said Northerly line to the Easterly line of the West Half of the East Half of said Lot 48; thence Northerly along said last mentioned Easterly line to the Southerly line EXHIBIT B, page 3 of therth Half of the West Half the East Half o aid Lot 48; thence Weste along said last mentioned Southerly line to the Easterly line of the West Half of said Lot 48; thence Southerly along said last mentioned Easterly line to the Northerly line of the Southerly 254 feet of said Lot 48; thence Westerly along said last mentioned Northerly line to the Easterly line of the West Half of the West Half of said Lot 48; thence Southerly along said last mentioned Easterly line to the Southerly line of said Lot 48; thence West- erly along the Southerly line of said Lot 48, to the Easterly line of said 28; thence Northerly along said last mentioned Easterly line to the Northerly line of the Southerly 50 feet of said Lot 28; thence Westerly along said Northerly line to the Westerly line of the Easterly 5 chains of said Lot 28; thence Southerly along said Westerly line to the Southerly line of said Lot 28 to and along the Southerly line of said Tract No. 8507 to the Westerly line of said Block 5. The side lines of said strip of land shall be pro- longed or shortened so as to terminate at the in- tersections thereof. Also except therefrom that portion of said land in- cluded within a strip of land 50 feet wide, the general Westerly line of said strip of land, des- cribed as follows: Beginning at the Southwesterly corner of said Block 5; thence Northerly along the Westerly line of said Block 5 to the Westerly prolongation of the Southerly line of Parcel 1 of Record of Survey, filed in Book 76, Page 87 Records of said County; thence Easterly along said Westerly prolongation to the Southwester Ty corner of said Parcel 1; thence Easterly, Northeast- erly and Northerly along the Southerly and Easterly lines of said Record of Survey to the Westerly line of said Block 11; thence Northerly along said last mentioned Westerly line to the Northwesterly corner of said Block 11; thence Northerly along the North- erly prolongation of said last mentioned Westerly line to and along the Westerly line of said Block 10 to the Northwesterly corner of said Block 10; thence Northerly along the Northerly prolongation of said last mentioned Westerly line to and along the West- erly line of said Block 9 to the Northwesterly corner of said Block 9; thence Northerly along the Northerly prolongation of said last mentioned West- erly line to the Southerly line of Lot 25 of said Subdivision No. 2, Azusa Land and Water Company; thence Easterly along said Southerly line to the Westerly line of said Lot 30; thence Northerly along said Westerly line to the Point of Beginning. The sidelines of said strip of land shall be pro- longed or shortened so as to terminate at the in- tersections thereof. EXHIBIT B, page 4 Also ex *t that portion of Tract 0 8507, recorded in Map Book 102 Pages 78 through 80, in the City of Azusa and that portion of Azusa Land and Water Company subdivision No. 2, recorded in Miscellaneous Records, Book 43, Page 94, in the City of Azusa and the City of Irwindale, County of Los Angeles, State of California, described as follows: Commencing at the intersection of the Northerly line of Gladstone Street and the Easterly line of Irwin- dale Avenue as said intersection is shown on Los Angeles County Surveyors' Map C.S.B. 2346; thence North 0° 07' 32" East along the Easterly line of said Irwindale Avenue to an intersection with a line which bears North 89° 55' 08" East and is parallel with and distant 200.00 feet Northerly of the Northerly line of said Gladstone Street; thence Easterly along said parallel line to an intersection with a line which is parallel with and distant 100.00 feet Easterly of the Easterly line of said Irwindale Avenue, 'said last-mentioned intersection being the true point of beginning; thence Northerly parallel with said Easterly line of Irwindale Avenue to an intersection with a line that is parallel with and distant 100.00 feet Southerly of the South line of Record of Survey, recorded in Book 76 Page 87 of Official Records; thence Easterly along said last-mentioned parallel line to an inter- section with a non -tangent curve, having a radius of 443.39 feet, which is concentric with that certain curve shown on said Record of Survey as being concave Westerly, having a radius of 343.39 feet and a central angle of 51° 42' 32"; thence Northeasterly and North- westerly along said concentric curve to a point of tangency, a radial to said point of tangency bears South 66° 22' 43" West; thence North 23° 37' 17" West to an intersection with a line which is parallel ` with and distant Easterly 100.00 feet from Easterly line of said Record of Survey (said Easterly line is shown with a bearing of North 0° 12' 02" East on said Record of Survey); thence North 00 07' 32" East along said last-mentioned parallel line a distance of 632.00 feet; thence East 968.00 feet; thence North 708.00 feet; thence East 1,074.00 feet; thence South 714.00 feet; thence East 203.00 feet; thence South 0° 36' 32" East 1,317.52 feet to an intersection with a line which is parallel with and distant 250.00 feet Northerly of the North line of Gladstone Street as said street is shown on said C.S.B. 2346; thence Westerly along said last- mentioned parallel line a distance of 595.20 feet; thence South 0° 06' 18" West 50.00 feet to a line which is parallel with and distant 200.00 feet Northerly of said Gladstone Street; thence South 89° 55' 08" West along said last-mentioned parallel line to the true point of beginning. The foregoing last exception covers property conveyed by A -Z TWO, Inc. to Southwestern Portland Cement Company by Corporation Quitclaim Deed recorded December 17, 1974, in Book D6504, Pages 502 and 503. EXHIBIT B, page 5 The Quarry Area also includes a portion of Lot 25 of Subdivision No. 2, Azusa Land and Water Company in the City of Irwindale, County of Los Angeles, State of California, as per map recorded in Book 43, Page 94 of Miscellaneous records in the office of the County Recorder of said County described as follows: Lying westerly of aline parallel with and distant easterly 635 feet measured at right angles from the easterly line of Irwindale Ave., 100 feet wide, as shown on County Surveyor's Map B-2644, Sheet 3, on file in the office of the County Engineer of said County; Excepting therefrom all mineral, oil, gas and.other hydro- carbon substances that may be produced from Lot 25. Except the North 3 chains of said lot, below 500 feet from the surface; provided, however, no right of access or entry to the surface of said land for the purpose of exploring, producing or developing any such mineral interest is reserved hereby, as reserved in. Deed from John D. Bicknell Bagg, et al., recorded August 12, 1957, as Instrument No. 242. Exhibit B - Page 6