HomeMy WebLinkAboutContracts & Agreements_186-2005SETTLEMENT AGREEMENT
(Fee Acquisition, Portions of Parcel Nos 169-021-01 and 169-021-10)
This Settlement Agreement ("Agreement") is entered by and between the CITY OF
REDLANDS ("CITY") and the Property Owner, TELEDYNE TECHNOLOGIES
INCORPORAI"ED, a Delaware Corporation (" IELEDYNE") City and Teledyne are sometimes
collectively referred to as the "Parties" This Agreement is made with respect to the following
Recitals
RECITALS
A CITY is a California municipal corporation of the State of California City is
vested by law with authority to exercise, in its own name, the power of eminent domain for the
purpose of acquinng real property or any interest in real property necessary to carry out any of
its powers or functions
B 1"ELEDYNE is the owner of property designated as Assessor Parcel Numbers
169-021-01 and 169-021-10, portions of which are being acquired by City ("Property")
C On July 28, 2005, City filed an action in eminent domain entitled City of
Redlands v Teledyne Technologies, Inc , a Delaware Corporation, et al , San Bernardino
Supenor Court Case No SCVSS 128681 to acquire the Property from Teledyne ("Action")
D The Parties desire to settle the Action and all issues, claims and disputes arising
out of or related to the Action
AGREEMENT AND RELEASE
Based on the above Recitals, which are incorporated herein, the Parties agree as follows
1 Transfer of the Property to City 13y a Stipulated Judgment and Final Order of
Condemnation, Teledyne shall convey to City the Property for payment of $390,000 inclusive
of interest, costs and fees
2 Entry of Stipulated Judgment Simultaneously with the execution of this
Agreement, City and Teledyne will enter into a "Stipulation for Judgment" in the form attached
hereto as Exhibit "A" ("Stipulation") Under the terms of the Stipulation, the Parties have
agreed to enter a Stipulated Judgment ("Judgment"), attached hereto as Exhibit "B" (The terms
of which are by this reference incorporated into and made a part of this Agreement as though
fully set forth herein) The purpose of the Agreement is to purchase the Property, resolve all
issues between the Parties and transfer funds for the purchase price
SDLP \fl'JM1320091 1
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3 Cash Payment In order to conclude this matter without further litigation, the
Parties agree to the following
a. City shall pay to Teledyne $390,000
b. The amount of $390,000 is to be paid as follows
c/o Robyn E McGowan
Teledyne Technologies Incorporated,
a Delaware Corporation
12333 West OIympic Boulevard
Los Angeles, CA 90064
c Teledyne shall stipulate to judgment and execute an acknowledgment of
satisfaction of ,judgment in order to transfer title to City by final order of
condemnation
d Any funds and interest remaining on deposit with the court shall be subject
to withdrawal and return to City
4 Taxes Teledyne shall be responsible for the payment of property taxes owing
on the Property acquired, if any, up to the date of judgment
5 Liens and Encumbrance. The Property shall transfer to City free and clear of all
hens and encumbrances All liens or encumbrances shall be removed from the Property and
liability, if any, for such lien or encumbrance not removed shall be the personal obligation of
Teledyne, who shall indemnify and hold City harmless from any such hen or encumbrance
6 Final Order of Condemnation. Upon filing of the acknowledgement of
satisfaction of judgment, City shall file and record a final order of condemnation, transferring
title to City
7 Release and Waiver The Parties agree that this settlement is complete as it
relates to all damages, losses, costs, claims and consequences of this Action (collectively
"Claims") The Parties expressly waive and relmquish any rights or benefits available under the
provisions of Section 1542 of the Civil Code of California, with respect to such Claims
Specifically, the Parties expressly waive and relinquish any rights or benefits available with
respect to such Claims under the following language
A general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the time of
executing the release, which if known by him must have
materially affected his settlement with debtor
8 Costs and Fees The Parties, and each of them, agree and represent that they shall
bear their own costs, fees, expert witness fees and attorneys' fees incurred in connection with the
Action, except as otherwise part of and included in this Agreement
SDLI UNM1320091 1
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9 Notice Notice to any party pursuant to this Agreement shall be m wrrtmg and
either personally dehvered , sent by United States mail and/or facsimile, addressed to the party to
be notified at the address specified herein Any such notice shall be deemed received on the date
of personal delivery or facsimile to the party (or such party's authorized representative) or three
(3) business days after deposit in the U S Mail, as the case may be
CITY's Address for Notice
Bruce W Beach
Best Best & Krieger LLP
665 West Broadway, 15th Floor
San Diego, CA 92101
(619) 525-1300 Telephone
(619) 233-6118 Facsimile
Daniel J McHugh
City Attorney
City of Redlands
35 Cajon Street, Suite 4
P O Box 3005
Redlands, CA 92373
(909) 798-7562 Telephone
(909) 798-7503 Facsimile
TELEDYNE's Address for Notice:
Robert L Schaefer
Associate General Counsel
General Counsel Electronics and Communications
Teledyne Technologies Incorporated
12333 West Olympic Blvd.
Los Angeles, CA 90064
(310) 893-1609 Telephone
(310) 893-1607 Facsimile
Robyne E McGowen
Vice President, Administration,
Human Resources and Assistant Secretary
Teledyne Technologies Incorporated
12333 West Olympic Blvd
Los Angeles, CA 90064
(310) 8934609 -Telephone 1640 t; , , j�
(310) 893-1-697 Facsimile J 3 �LM _
Any party may change its address for notice by debvenng written notice to the other
parties as provided herem.
10 Construction and Interpretation of the Agreement The Parties, and each of them,
declare that prior to the execution of this Agreement, they have consulted with their attorney in
SDL1T JNM320091 1
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order that they may intelligently exercise their own judgment in deciding whether to execute, and
in deciding on the contents of, this Agreement This Agreement shall be construed as though
mutually drafted and not against one or the other party because that party drafted the Agreement
I1. Representations and Warranties Each party declares that it has read this
Agreement and understands and knows the contents thereof, and represents and warrants that
each of the Parties executing this Agreement is empowered to do so and hereby bunds the
respective party
12 Multiple counterparts This Agreement may be executed in counter -parts, and all
so executed shall constitute an agreement binding on the Parties hereto
13 Survivability All covenants, agreements, representations, and warranties set
forth in this Agreement, or in any certificate, instrument, or other document delivered pursuant to
any provision hereof, shall survive the execution and delivery of this Agreement, unless vacated
or terminated m accordance with the terms thereof
14 Underscored references All underscored references are included for convenience
of reference only, and are not to be relied upon in construing the terms of this Agreement
15 Governing law This Agreement is intended to be construed pursuant to the laws
of the State of California
16 Entire Agreement This Agreement contains the entire agreement between the
Parties, and the terms of this Agreement are contractual and not merely a recital This
Agreement fully resolves all issues between the Parties related to the Action and the claims
related thereto
I7 Attorney Fees In any action to enforce or interpret the Agreement, the prevailing
party shall be entitled to recover reasonable attorneys' fees and costs
THEREFORE, the undersigned, having read the foregoing Settlement Agreement and
Release, and fully understanding it and agreemg to the terms, the Parties have executed this
Agreement and make it effective on the date of the last signature hereto
CITY OF REDLANDS
Dated Nov. 9, 2005 By
SDLITUNM1320091 1
s n Peppier
Its - Yor
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ATTEST.
Lorrie Poyz
City Clerk
Dated. io/ siO r
APPROVED AS TO FORM
Dated 001-6W1 ) t) 7-1365
Dated.aGL 4.2 r?oo5
sDLrrNM132o091.I
TELEDYNE TECHNOLOGIES
INCORPORATED
By. /24 F m ��
Its: V19' A4/47;4/1
BEST BEST & KRIEGER LLP
By 13Ciokka IL, 542.A.( J�
Bruce W. Beach, Esq
Attorneys for Plaintiff City of Redlands
TELEDYNE TECHNOLOG
By.
ORATED
-5-
Robe L. Scliaefe
Associate General Co . sel
Attorney for Defend: .t
Teledyne Technologies Incorporated,
a Delaware Corporation
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DANIEL 7 McHUGH, Bar No 112197
City Attorney
CITY OF REDLANDS
35 Cajon Street, Suite 4
Post Office Box 3005
Redlands, CA 92373
Telephone (909) 798 7562
Facsimile (909) 798-7503
BRUCE W BEACH, Bar No 59122
BEST BEST & KRIEGER LLP
655 West Broadway, 15th Floor
San Diego, California 92101-3301
Telephone (619) 525-1300
Facsimile (619) 233-6118
Attorneys for Plaintiff
CITY OF REDLANDS
EXEMPT FROM FILING FEES PURSUANT
TO GOVERNMENT CODE SECTION 6103
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO — CENTRAL COURT
CITY OF REDLANDS,
Plaintiff,
v
TELEDYNE TECHNOLOGIES, INC , a
Delaware Corporation,
DOES 1-100, inclusive, and all persons
unknown claiming an interest in the
property,
Defendants
Case No SCVSS 128681
Judge
Dept
Hon Mary E Fuller
S09
STIPULATION FOR JUDGMENT
(Portions of Parcel Nos 169-021-01
and 169-021-10)
Complaint Filed 07/28/05
Trial Date None Set
Plaintiff CITY OF REDLANDS, by and through its attorneys, Best, Best & Krieger LLP,
by Bruce W Beach, and Defendant TELEDYNE TECHNOLOGIES INCORPORATED, a
Delaware Corporation (erroneously named as "TELEDYNE TECHNOLOGIES, INC "), by and
through its attorney of record, Robert L Schaefer, hereby stipulate that judgment in the form
SI)UTE W131320106 1
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STIPULATION FOR JUDGMENT
�XHIBIT�_
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attached hereto as Exhibit A to this stipulation may be entered m the above -entitled action, and
that Defendant waives trial, the right to trial, hearing on the issue of compensation, the making of
service and filmg of findings of fact and conclusions of law, and the right to move for a new trial
or appeal
SO STIPULATED
October s7A , 2005
October 2Y, 2005
SDLr11AS11320106.1
BEST BEST & KRIEGER LLP
By $0.1.a W, ..15,.g.0 -0,A
Bruce W. Beach
Attorneys for Plaintiff
By
• rt L Schaefer
Associate General Counse
Attorney for Defendant
TELEDYNE TECHNOLOGIES
INCORPORATED
-2-
17342.00068
STIPULATION FOR JUDGMENT
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SDLPIIB WB\320108 1
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EXHIBIT A
STIPULATED JUDGMENT
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EXEMPT FROM FILING FEES PURSUANT
TO GOVERNMENT CODE SECTION 6103
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO -- CENTRAL COURT
CITY OF REDLANDS,
Plaintiff,
v
TELEDYNE TECHNOLOGIES, INC , a
Delaware Corporation,
DOES 1-100, inclusive, and all persons
unknown claiming an interest in the
Property,
Defendants.
Case No SCVSS 128681
Judge
Dept. S09
Hon. Mary E. Fuller
STIPULATED JUDGMENT
(Portions of Parcel Nos 169-021-01
and 169-021-10 )
Complaint Filed • 07/28/05
Trial Date None Set
This matter has been assigned to the Honorable Mary E Fuller, Judge of the Superior
Court Plaintiff City of Redlands ("City") is represented by Best Best & Krieger, LLP, by Bruce
W Beach and Defendant Teledyne Technologies Incorporated, a Delaware Corporation
(erroneously named as "Teledyne Technologies, Inc ") is represented by Associate General
Counsel, Robert L Schaefer
IT APPEARING TO THE COURT THAT the parties have stipulated that judgment as
hereinafter set forth may be entered, and,
IT FURTHER APPEARING TO THE COURT THAT there is proper cause therefor,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT.
SDLriiBWB\320108 1
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STIPULATED JUDGMENT
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1 City seeks to take, acquire and condemn the rights, title and interests of portions
of the real property designated as Assessor's Parcel Nos 169-021-01 and 169-021-10, referred to
m City's Complaint and described m Exhibit A to this judgment ("Property")
2 The condemnation and taking is for the New York Street Extension and
Improvement Project, a public project, as set forth in the Complaint and is necessary to such
public use
3. City and Teledyne have agreed to resolve all issues for the acquisition of the
Property by City City shall pay to Teledyne, the total sum of $390,000, inclusive of interest,
costs and fees as final resolution of this matter.
4 The sum of $390,000 constitutes the full and final payment for the condemnation
and taking of the portion of the Property described in the City's Complaint and extinguishes all of
Teledyne's claims for damages, value of improvements, mterest, costs, attorney's fees and any
other claim which could have been made in this action.
5 City may Withdraw all funds, including interest, on deposit with the court for
return to the City
6 Teledyne shall be responsible for the payment of property taxes owing on the
portion of the Property acquired, if any, as of the date of this judgment.
7 Upon full payment of $390,000, Teledyne shall execute an acknowledgement of
satisfaction of judgment and any other document necessary to conclude this matter and for the
filing of a final order of condemnation.
8 Tlus Court shall retain jurisdiction to enforce the stipulation between the parties
and the judgment, and shall award reasonable attorneys fees and costs to the prevailing party izn
any action to enforce the rights of either party
IT IS SO ORDERED
Dated.
Case No SCVSS 128681
179942.00068
SDLrr1BWB1320108 1
Mary E Fuller
Judge, Supenor Court
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STIPULATED JUDGMENT
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SDLIT\BWB1320108 1
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EXHIBIT A
STIPULATED JUDGMENT
A FEE INTEREST IN THE FOLLOWING DESCRIBED PROPERTY
(Exhibit "A")
Portions of
SDLiT\ALL\3 € 5259 1
APN 169-021-01 and 169-021-10
EXHIBIT "A"
DESCRIPTION OF PROPERTY
Real property located in the City of Redlands, County of San Bernardino, State of
California, described as follows
THAT PORTION OF THE NORTH 1/2 OF LOT 4, SMITH TRACT, IN THE CITY OF REDLANDS, COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 8 OF MAPS, PAGE
86, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 4, SAID POINT LYING ON THE SOUTH
RIGHT-OF-WAY LINE OF LUGONIA AVENUE, 66 FEET WIDE, AS SHOWN ON RECORD OF SURVEY
RECORDED IN BOOK 60 OF RECORDS OF SURVEY, PAGE 18, RECORDS OF SAID COUNTY, THENCE
SOUTH 00°00'56" WEST 630 66 FEET, MORE OR LESS, ALONG THE WEST LINE OF SAID LOT 4 TO
THE SOUTH LINE OF THE NORTH 1/2 OF SAID LOT 4, THENCE SOUTH 89°50'39" EAST 50 00 FEET
ALONG SAID SOUTH LINE, THENCE NORTH 00°00'56" EAST 598 23 FEET, THENCE SOUTH 89°59'04"
EAST 9 00' TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A
RADIUS OF 13 00 FEET, A RADIAL LINE TO SAID BEGINNING HAVING A BEARING OF NORTH 89°59'04"
WEST, THENCE NORTHEASTERLY 20 52 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 90°26'36" TO A POINT WHICH LIES 52 00 FEET SOUTHERLY OF THE CENTER LINE OF SAID
LUGONIA AVENUE, MEASURED AT RIGHT ANGLES TO SAID CENTER LINE, THENCE PARALLEL WITH
SAID CENTER LINE SOUTH 89°32 28' EAST 20 00 FEET, THENCE NORTH 00°27'32" EAST 12 00 FEET
TO A POINT WHICH LIES 40 00 FEET SOUTHERLY OF SAID CENTER LINE, MEASURED AT RIGHT
ANGLES TO SAID CENTER LINE, THENCE PARALLEL WITH SAID CENTER LINE NORTH 89°32'28"
WEST 90 00 FEET THENCE NORTH 00°27'32" EAST 7 00 FEET TO A POINT ON THE SOUTH RIGHT-
OF-WAY LINE OF SAID LUGONIA AVENUE, THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE
NORTH 89°32'28" WEST 182 25 FEET, MORE OR LESS, TO THE POINT OF BEGINNING
AREA 33,113 SQ FT
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ONLY, SHOWING THE PROPERTY DESCRIBED IN THE
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THE LEGAL DESCRIPTION IS THE CONTROLLING DOCUMENT
AND SHALL TAKE PRECEDENCE OVER ANY DISCREPANCIES
BETWEEN THE LEGAL DESCRIPTION AND THE EXHIBIT PLAT
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APN 0169-021--01
TELEDYNE TECHNOLOGIES INC
2049 CENTURY PARK EAST 15TH FL
LOS ANGELES, CA 90067
SO UNE N 1/2 LOT 4, SMITH TRACT
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DESCRIPTION OF PROPERTY
Real property located in the City of Redlands, County of San Bernardino, State of
California, described as follows
THAT PORTION OF THE SOUTH 1/2 OF LOT 4, SMITH TRACT, IN THE CITY OF REDLANDS, COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 8 OF MAPS, PAGE
86, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 4 SAID POINT LYING ON THE SOUTH
RIGHT-OF-WAY LINE OF LUGONIA AVENUE, 66 FEET WIDE, AS SHOWN ON RECORD OF SURVEY
RECORDED IN BOOK 60 OF RECORDS OF SURVEY, PAGE 18, RECORDS OF SAID COUNTY, THENCE
SOUTH 00°00'56" WEST 630 66 FEET, MORE OR LESS, ALONG THE WEST LINE OF SAID LOT 4 TO
THE NORTHWEST CORNER OF THE SOUTH 1/2 OF SAID LOT 4, SAID POINT BEING THE POINT OF
BEGINNING;
THENCE CONTINUING SOUTH 00°00'56" WEST 631 35 FEET, MORE OR LESS ALONG SAID WEST
LINE OF LOT 4 TO THE NORTH RIGHT -OF WAY LINE OF BROCKTON AVENUE, 66 FEET WIDE, AS
SHOWN ON SAID RECORD OF SURVEY, THENCE NORTH 89°41'37" EAST 44 07 FEET ALONG SAID
RIGHT- OF -WAY LINE TO THE CUSP OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF
13 00 FEET A RADIAL TO WHICH BEARS SOUTH 00°18 23" EAST, THENCE NORTHWESTERLY 20 49
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°19'19" TO A POINT WHICH LIES 31 00
FEET EASTERLY OF SAID WEST LINE OF LOT 4 MEASURED AT RIGHT ANGLES TO SAID WEST LINE,
THENCE NORTH 00°00'56" EAST 133 81 FEET, PARALLEL WITH SAID WEST LINE, TO THE BEGINNING
OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 477 00 FEET, THENCE NORTHEASTERLY
93 13 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11°11'12" TO THE BEGINNING OF
A REVERSE CURVE CONCAVE WESTERLY HAVING A RADIUS OF 523 00 FEET, A RADIAL LINE TO
SAID BEGINNING HAVING A BEARING OF SOUTH 78°47'52" EAST, THENCE NORTHERLY 102 11 FEET
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11°11'12", TOA POINT WHICH LIES 50 00
FEET EASTERLY OF SAID WEST LINE OF LOT 4, MEASURED AT RIGHT ANGLES TO SAID WEST LINE,
THENCE PARALLEL TO SAID WEST LINE, NORTH 00°00'56" EAST 290 16 FEET, MORE OR LESS, TO
THE NORTH LINE OF THE SOUTH 1/2 OF SAID LOT 4, THENCE NORTH 89°50'39" WEST 50 00 FEET
ALONG SAID NORTH LINE TO THE POINT OF BEGINNING
AREA 26,990 SQ FT
PREPARED BY
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ONLY SHOWING THE PROPERTY DESCRIBED IN THE
LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT
THE LEGAL DESCRIPTION IS THE CONTROLLING DOCUMENT
AND SHALL TAKE PRECEDENCE OVER ANY DISCREPANCIES
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APN 0169-021-10
TELEDYNE TECHNOLOGIES INC
2049 CENTURY PARK EAST 15TH FL
LOS ANGELES CA 90067
EAST UNE S 1/2 LOT 4, SMITH TRACT M B. 8/86
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EXEMPT FROM FILING FEES PURSUANT
TO GOVERNMENT CODE SECTION 6103
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO — CENTRAL COURT
CITY OF REDLANDS,
Plaintiff,
TELEDYNE TECHNOLOGIES, INC , a
Delaware Corporation,
DOES 1-100, inclusive, and all persons
unknown claimmg an interest in the
property,
Defendants
Case No SCVSS 128681
Judge
Dept
Hon Mary E Fuller
S09
STIPULATED JUDGMENT
(Portions of Parcel Nos 169-021-01
and 169-021-10 )
Complaint Filed 07/28/05
Trial Date None Set
This matter has been assigned to the Honorable Mary E Fuller, Judge of the Superior
Court Plaintiff City of Redlands ("City") is represented by Best Best & Krieger, LLP, by Bruce
W Beach and Defendant Teledyne Technologies Incorporated, a Delaware Corporation
(erroneously named as "Teledyne Technologies, Inc ") is represented by Associate General
Counsel, Robert L Schaefer
IT APPEARING TO THE COURT THAT the parties have stipulated that judgment as
hereinafter set forth may be entered, and,
IT FURTHER APPEARING TO THE COURT THAT there is proper cause therefor,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT
SDL1T\BWB1320108 1
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STIPULATED JUDGMENT
EXHIBIT �3
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1 City seeks to take, acquire and condemn the rights, title and interests of portions
of the real property designated as Assessor's Parcel Nos 169-021-01 and 169-021-10, referred to
in City's Complaint and described in Exhibit A to this judgment ("Property")
2 The condemnation and taking is for the New York Street Extension and
Improvement Project, a public project, as set forth in the Complaint and is necessary to such
public use
3 City and Teledyne have agreed to resolve all issues for the acquisition of the
Property by City City shall pay to Teledyne, the total sum of $390,000, inclusive of interest,
costs and fees as final resolution of this matter
4 The sum of $390,000 constitutes the full and final payment for the condemnation
and taking of the portion of the Property descnbed m the City's Complaint and extinguishes all of
Teledyne's claims for damages, value of improvements, interest, costs, attorney's fees and any
other claim which could have been made in this action
5 City may withdraw all funds, including interest, on deposit with the court for
return to the City
6 Teledyne shall be responsible for the payment of property taxes owing on the
portion of the Property acquired, if any, as of the date of this judgment
7 Upon full payment of $390,000, Teledyne shall execute an acknowledgement of
satisfaction of judgment and any other document necessary to conclude this matter and for the
filing of a final order of condemnation
8 This Court shall retain jurisdiction to enforce the stipulation between the parties
and the judgment, and shall award reasonable attorneys fees and costs to the prevailmg party in
any action to enforce the rights of either party
IT IS SO ORDERED
Dated
Case No SCVSS 128681
179942.00068
5DLrrBW131320108 1
Mary E Fuller
Judge, Superior Court
-2-
STIPULATED JUDGMENT
EXHIBIT A
A FEE INTEREST IN THE FOLLOWING DESCRIBED PROPERTY.
(Exhibit "A")
Portions of
SDLIT\ALL1315259 1
APN 169-021-01 and 169-021-10
EXHIBIT "A"
DESCRIPTION OF PROPERTY
Real property located In the City of Redlands, County of San Bernardino, State of
California, described as follows
THAT PORTION OF THE NORTH 1/2 OF LOT 4, SMITH TRACT, IN THE CITY OF REDLANDS, COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 8 OF MAPS, PAGE
86, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 4, SAID POINT LYING ON THE SOUTH
RIGHT-OF-WAY LINE OF LUGONIA AVENUE, 66 FEET WIDE, AS SHOWN ON RECORD OF SURVEY
RECORDED IN BOOK 60 OF RECORDS OF SURVEY, PAGE 18, RECORDS OF SAID COUNTY, THENCE
SOUTH 00°00'56" WEST 630 66 FEET, MORE OR LESS, ALONG THE WEST LINE OF SAID LOT 4 TO
THE SOUTH LINE OF THE NORTH 1/2 OF SAID LOT 4, THENCE SOUTH 89°50'39" EAST 50 00 FEET
ALONG SAID SOUTH LINE, THENCE NORTH 00°00'56" EAST 598 23 FEET, THENCE SOUTH 89°59'04"
EAST 9 00' TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A
RADIUS OF 13 00 FEET, A RADIAL LINE TO SAID BEGINNING HAVING A BEARING OF NORTH 89°59'04"
WEST, THENCE NORTHEASTERLY 20 52 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 90°26'36" TO A POINT WHICH LIES 52 00 FEET SOUTHERLY OF THE CENTER LINE OF SAID
LUGONIA AVENUE, MEASURED AT RIGHT ANGLES TO SAID CENTER LINE, THENCE PARALLEL WITH
SAID CENTER LINE SOUTH 89°32'28" EAST 20 00 FEET, THENCE NORTH 00°27'32" EAST 12 00 FEET
TO A POINT WHICH LIES 40 00 FEET SOUTHERLY OF SAID CENTER LINE, MEASURED AT RIGHT
ANGLES TO SAID CENTER LINE THENCE PARALLEL WITH SAID CENTER LINE NORTH 89°32'28"
WEST 90 00 FEET, THENCE NORTH 00°27'32" EAST 7 00 FEET TO A POINT ON THE SOUTH RIGHT-
OF-WAY LINE OF SAID LUGONIA AVENUE, THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE
NORTH 89°32'28" WEST 182 25 FEET, MORE OR LESS, TO THE POINT OF BEGINNING
AREA 33,113 SQ FT
PREPARED BY
M RK S WHITMER, L S NO 5535
rMa7Sc S
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No 5535
ExpireS.3.3Q'QIf,
POB
NW COR OF LOT 4
SMITH TRACT, M 8 8/86
LUCONIA
N89°32 28 W 182 25'
N89°32'28"W
2a'
MATCH UNE
96380E02 DWG
L2
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EXIST R/W
M
L1 'JN89°59'04"W �R)
N00°00 56 E
L4
6=90°26'36" L1 589°59'04"E L2 589°32 28 E L3 N00°27'32"E
R=13 00' 9 00' 20 00 12 00'
0 T=13 10
L=20 52
S00"00'56°W
L4 S89°32'28"E
90 00'
L5 N00°27'32"E
7 00'
THIS EXHIBIT PLAT IS FOR INFORMATIONAL PURPOSES
ONLY, SHOWING THE PROPERTY DESCRIBED IN THE
LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A"
THE LEGAL DESCRIPTION IS THE CONTROWNG DOCUMENT
AND SHALL TAKE PRECEDENCE OVER ANY DISCREPANCIES
BETWEEN THE LEGAL DESCRIPTION AND THE EXHIBIT PLAT
MATCH LINE_
a
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0
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5000 '
589°50'39"E
MARKS
WHITMER 0
L S No 5535 *
Expires 9-30-06
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N00°00'56"E
PORTION OF THE NORTH 1/2 LOT 4
SMITH TRACT
M B 8/86
t
SCALE 1"= 50'
APN 0169-021--01
TELEDYNE TECHNOLOGIES INC
2049 CENTURY PARK EAST 15TH FL
LOS ANGELES, CA 90067
SO LINE N 1/2 LOT 4, SMITH TRACT
EAST LINE N 1
DESCRIPTION OF PROPERTY
Real property located in the City of Redlands, County of San Bernardino, State of
California, described as follows
THAT PORTION OF THE SOUTH 1/2 OF LOT 4, SMITH TRACT, IN THE CITY OF REDLANDS, COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 8 OF MAPS, PAGE
86, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 4, SAID POINT LYING ON THE SOUTH
RIGHT-OF-WAY LINE OF LUGONIA AVENUE, 66 FEET WIDE, AS SHOWN ON RECORD OF SURVEY
RECORDED IN BOOK 60 OF RECORDS OF SURVEY, PAGE 18, RECORDS OF SAID COUNTY, THENCE
SOUTH 00°00 56" WEST 630 66 FEET, MORE OR LESS, ALONG THE WEST LINE OF SAID LOT 4 TO
THE NORTHWEST CORNER OF THE SOUTH 1/2 OF SAID LOT 4, SAID POINT BEING THE POINT OF
BEGINNING,
THENCE CONTINUING SOUTH 00°00'56" WEST 631 35 FEET, MORE OR LESS, ALONG SAID WEST
LINE OF LOT 4 TO THE NORTH RIGHT-OF-WAY LINE OF BROCKTON AVENUE, 66 FEET WIDE, AS
SHOWN ON SAID RECORD OF SURVEY, THENCE NORTH 89°41'37" EAST 44 07 FEET ALONG SAID
RIGHT- OF -WAY LINE TO THE CUSP OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF
13 00 FEET, A RADIAL TO WHICH BEARS SOUTH 00°18 23" EAST, THENCE NORTHWESTERLY 20 49
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°19'19" TOA POINT WHICH LIES 31 00
FEET EASTERLY OF SAID WEST LINE OF LOT 4, MEASURED AT RIGHT ANGLES TO SAID WEST LINE,
THENCE NORTH 00°00'56" EAST 133 81 FEET, PARALLEL WITH SAID WEST LINE, TO THE BEGINNING
OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 477 00 FEET, THENCE NORTHEASTERLY
93 13 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11°11'12" TO THE BEGINNING OF
A REVERSE CURVE CONCAVE WESTERLY HAVING A RADIUS OF 523 00 FEET, A RADIAL LINE TO
SAID BEGINNING HAVING A BEARING OF SOUTH 78°47'52" EAST, THENCE NORTHERLY 102 11 FEET
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11°11'12", TO A POINT WHICH LIES 50.00
FEET EASTERLY OF SAID WEST LINE OF LOT 4, MEASURED AT RIGHT ANGLES TO SAID WEST LINE;
THENCE PARALLEL TO SAID WEST LINE, NORTH 00°00'56" EAST 290 16 FEET, MORE OR LESS, TO
THE NORTH LINE OF THE SOUTH 1/2 OF SAID LOT 4, THENCE NORTH 89°50'39" WEST 50 00 FEET
ALONG SAID NORTH LINE TO THE POINT OF BEGINNING
AREA 26,990 SQ FT
PREPARED BY
cley
•v
MARK S WHITMER, L S NO 5535
SOO°00'56'W
POC
NW COR LOT 4, SMITH TRACT
POB
NW COR SOUTH 1/2 LOT 4
MATCH LINE
IID
d
96380E01
N00°00 56"E
23
44 07' 1
N89°41'37"E
w
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0
0
SOUTH' RIGHT-OF-WAY LINE LUGONIA AVENUE
S00°00'56"W
630 66'
5O0°00'56"W
N00°00'56"E
NORTH LINE S 1/2 LOT 4, SMITH TRACT
MARK S �L
WHITMER
LS No 5535
Exp€res 9-30-06
OF
PORTION OF THE SOUTH 1/2 LOT 4,
SMITH TRACT
M B 8/86
THIS EXHIBIT PLAT IS FOR INFORMATIONAL PURPOSES
ONLY SHOWING THE PROPERTY DESCRIBED IN THE
LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT `A"
THE LEGAL DESCRIPTION IS THE CONTROLLING DOCUMENT
AND SHALL TAKE PRECEDENCE OVER ANY DISCREPANCIES
BETWEEN THE LEGAL DESCRIPTION AND THE EXHIBIT PLAT
A = 90°1919
R=1300'
L = 20 49"
T = 13 07
EXIST R/W
t
SCALE 111= 50'
APN 0169-021-10
TELEDYNE TECHNOLOGIES INC
2049 CENTURY PARK EAST 15TH FL
LOS ANGELES CA 90067
EAST LINE S 1/2 LOT 4 SMITH TRACT M 8 8/86
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N89°41 37"E
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(760) 566 26 I I
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(949) 263 2600
ONTARIO
(909) 989 6564
BEST BEST & KRIEGER LLP
A CALIFORNIA LIMITED LIABIUTY PARTNERSHIP INCLUDING PROFLSSIONAL CORPORATIONS
LAWYERS
655 WEST BROADWAY € 5TN FLOOR
SAN DIEGO CALIFORNIA 92101
(619) 525 1300
(619) 233-6 I 1 8 FAX
BBKLAW COM
BRUCE W BEACH
(61 9) 525 1335
BRUCE BEACH@BBKLAW COM
FILE No 1 7942 00068
Novembei 3, 2005
Daniel J McHugh
City Attorney
CI 1 Y Of REDLANDS
P 0 Box 3006
Redlands, CA 92373
Re: City of Redlands v Teledyne Technolog res, Inc , et al
San Bernardino Superior Court Case No. SCVSS 128681
Dear Mr McI-Iugh
RIVERSIDE
(95 €) 686 1 450
SACRAMENTO
(9 16) 325 4000
WALNUT CREEK
(925) 746 7300
dADA t
ft' e
Enclosed with this letter is the original Settlement Agreement which has been execute
on behalf of Teledyne 1 echnologies Incorporated ("Teledyne") and approved as to form by
counsel Please have the original Settlement Agreement executed on behalf of the City of
Redlands and provide us with a copy to send to Mi Schaefer on behalf I eledyne
h
At this time, we are also sending the Stipulation for Judgment and Judgment to the tour
to be signed and filed accordingly We will provide you and Mr Schaefer with conformed
copies upon receipt We request that you now provide us with a check in the amount of
5390,000 payable to, "Teledyne Technologies Incorporated " We will forward the payment to
Mi Schaefer and request that he execute an Acknowledgment of Satisfaction of Judgment which
we will also have filed with the court and recorded I he Final Order of Condemnation will be 0,1e")
filed with the court and recorded, transferring title of the property from 1 eledyne to the City of bvu Ye,
Redlands
After these actions have been completed, we will withdraw the funds and interest on
deposit for return to the City of Redlands
LAW OFFICES OF
BEST BEST & KRIEGER LLP
Daniel J McHugh
November 3 2005
Page 2
Should you have any questions regarding the enclosed document or 11115 math.), please
contact the undersigned at your convenience
Sincerely,
Bruce W Beach
of BES i BEST & KRIEGER LLP
BWB mid
Enc losure
SDI r1113W131321406 1
CLOSED SESSION
The City Council meeting recessed at 4 24 P M to a closed session to discuss
the following
1 Conference with real property negotiator - Government Code
Section 54956 8
a Property 1132 East Cypress Avenue
Negotiating parties Naji Doumit and Linda Emmerson
Under negotiation Terms and price
2. Conference with legal counsel. Existing litigation — Government Code
Section 54956.9(a). City of Redlands v Teledyne, Case No SCVSS
128681
The meeting reconvened at 7 00 P M
CLOSED SESSION REPORT
None forthcoming
PRESENTATIONS
Jean Lafitte, Louisiana, Assistance Efforts - After several attempts to get
through the busy telephone circuits, Councilmember George placed a call to
Mayor Timothy P Kerner of Jean Lafitte, Louisiana, who expressed his sincere
appreciation to the citizens of Redlands for their offer of assistance for his city
to recover from the disastrous Hurricanes Katrina and Rita A PowerPoint
presentation of pictures taken by Chief of Watei Resources Doug Headrick and
Pastor Felix Roger Jones, 111, during their recent visit to Jean Lafitte was shown
while Pastor Jones described the devastation Councilmember George reported
an account has been set up for donations (checks should be payable to the City
of Redlands and designated for the Sister Cay Relief Fund) and a staging area
will be set up for receipt of goods to be donated A Jean Lafitte festival fund
raiser is being organized by City staff, further information will be provided in
the future
I-10 Widening Project - Cheryl Donahue, Public Information Officer, and Daren
Kettle, Construction Manager, SANBAG, presented information regarding the
I-10 widening project A groundbreaking will take place on November 1, 2005,
at 11 00 A M The 30 -month project includes the expansion of 11 bridges and
construction of 14 -foot sound walls between Orange and Ford Streets
ANNOUNCEMENTS/REPORTS
Councilmembers reported on their activities and attendance at meetings during
the past two weeks
October 4, 2005
Page 5