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HomeMy WebLinkAboutResolution No. 125RESOLUTION NO. 125 A RESOLUTION OF THE AZUSA REDEVELOPMENT AGENCY APPROVING AN OWNER PARTICIPATION AGREEMENT WITH CONROCK COMPANY AND CONROCK PROPERTY DEVELOPMENT CORPORATION 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 Conrock Company and Conrock Property Development Corporation, 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. 2 between the Agency and Conrock Clmpany and Conrock Property Development Corporation, 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 substan- tially the same as that which is attached hereto. The Secretary shall certify to the adoption of this Resolution. 1984. ADOPTED AND APPROVED this 24th day of January , 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 24th 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 Recorded at Request of and When Recorded, Return To: Azusa Redevelopment Agency 213 E. Foothill Blvd. Azusa, California 91702 Attention: Lloyd Wood, Executive Director MEMORANDUM OF AGREEMENT AFFECTING REAL PROPERTY Azusa Redevelopment Agency (herein referred to as "Agency"), and Conrock Company, a Delaware corporation, and Conrock Property Development Corporation, a California corporation (herein referred to collectively as "Participant"), 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 as though set forth in full, entered into that certain agreement dated January 24, 1984 entitled "Azusa Redevelopment Agency owner Participation Agreement No. 2" (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 "Industrial Area", and "La Cantera" as described in the Agreement will he used by the Participants pursuant to the terms and conditions contained in the Agreement. 2. The parties agree that if the quarry operation is terminated for any reason, the portion of the Quarry Area so utilized will be rehabilitated pursuant to the terms and conditions contained in the Agreement and the parties further agree that Participant may rehabilitate the Quarry Area pursuant to the terms and conditions contained in the Agreement. 3. Agency agrees that it will not acquire any portion of the Site by eminent domain, unless Participant defaults with respect to its obligations pursuant to the Agreement, in which case the Agency may proceed in specific performance and/or the condemnation of any portion of the Site, under the terms and conditions contained in the Agreement. 4. 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. 5. 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. 6. 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. Said agreements are for the benefit and burden the lands described herein and said agreements shall, therefore, run with said land. DATED: April 23, 1984 STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) AZUSA REDEVELOPMENT AGENCY By tf EUGEE MOSES CHAIRMAN On April 23 , 1984, before me, the undersigned, 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 Redevelop- ment Agency that executed the within instrument and acknowl- edged to me that the Agency executed the same. .anti.. WITNESS my hand and official seal. County and State My Commission Expires: -2- 2/25/87 0 • DATED: MAY 14 1984' CONROCK CO, n By `resic��r..S By STATE OF CALIFORNIA ) ) ss. COUNTY OF Los Angeles ) On May 14, 1984 1984, before me, the undersigned, a Notary Public in and for said State, personally appeared William Jenkins 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 Scott J. Wilcott , 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 by-laws or a resolution of its board of directors. WITNESS my hand and official seal. r CJF_r�l rut Notary Public in(a2d_lfor said County and State John Gugich My Commission Expires: 1987 ............................ I ...... ................. ....... JOHN; GUGiCH f N0, A FY 2 C LIC STATE 0: CALIE0Cf8A "l„M�Fe P:I;NCIP,L O CE IN AN"ELES COUNTY LOS My Cmcmiaimi Ex?I: Cr 5,,_ 3, 1'V -3- ........................................................... On Ajay 14 , 1984, before me, the undersigned, a Notary Public in and for said State, personally appeared William Jenkins P 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 Scott J. Wilcott 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 by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Notary Public in <LPr said County and State John Gugich My Commission Expires: 7987 ............... I ...................... �• JOHN GUGICH NOTARY PUBLIC STATE OP CALIFCIINIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My COmm!ssinn C::pirr Dcc. C, 7987 -4- ...................................-..................... DATED: 14 AY 8¢ CONROCK PROPERTY DEVELOPMENT CORP. By �eside:y f RY STATE. OF CALIFORNIA ) 1 ss. COUNTY OF Los Angeles ) On Ajay 14 , 1984, before me, the undersigned, a Notary Public in and for said State, personally appeared William Jenkins P 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 Scott J. Wilcott 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 by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Notary Public in <LPr said County and State John Gugich My Commission Expires: 7987 ............... I ...................... �• JOHN GUGICH NOTARY PUBLIC STATE OP CALIFCIINIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My COmm!ssinn C::pirr Dcc. C, 7987 -4- ...................................-..................... • 0 .� Beginning at the intersection of the northerly line of Foothill Boulevard (100 feet wide) and the westerly line of Todd Avenue (70 feet wide); thence northeasterly along the westerly line of said Todd Avenue to the centerline of Sierra Madre Avenue (100 feet wide); thence west along the northerly lines of lots 20 and 35 of Subdivision No. 2 Azusa Land and Water Co. recorded in M.B. 43 page 44 recorded in the Office of the Recorder of County of Ins Angeles, State of California, 1874.1 feet to the easterly line of the Rancho Azusa de Duarte R.S. 85, pages 3 through 5 recorded in the Office of the Recorder of said County; thence S380 50' 26" W, 1027.2 feet along last mentioned easterly line to the City of Azusa City Boundary being the north line of the Pacific Electric Railway Company right-of-way (abandoned) (100 feet wide); thence southeasterly along the City of Azusa boundary to the northerly line of Foothill Boulevard; thence east along the northerly line of Foothill Boulevard to its intersection with the westerly line of Todd Avenue, said intersection being the point of beginning. In • «••• • Beginning at the intersection of the northerly line of Foothill Boulevard (100 feet wide) and the westerly line of Todd Avenue (70 feet wide); thence northeasterly along the westerly line of Todd Avenue to the centerline of Sierra Madre Avenue (100 feet wide); thence west along the northerly line. of lot 35 Subdivision No. 2 Azusa Land and Water Co. recorded in M.B. 43 page 94 recorded in the Office of the Recorder of County of Los Angeles, State of California, 200.0 feet; thence SOo 02' 08" W and parallel to the westerly line of Tcdd Avenue (70 feet wide) to a point which lies 200 feet north of the northerly line of Foothill Boulevard (100 feet wide); thence N 890 45' 34" W to the City of Azusa boundary; thence southeasterly along the City of Azusa Boundary to the northerly line of Foothill Boulevard; thence east along the northerly line of Foothill Boulevard to its intersection with the westerly line of Todd Avenue, said intersection being the point of beginning. All of Tract No. 34377 in the City of Azusa, County of Ins Angeles, State of California recorded August 24, 1979 in Map Book 925 page 32 of Official Records.