SR-506-004-01
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5CJh~OO9"-t?/ JUN 2 8 )988
GS:SES:rmd 6-14-1988
Council Meeting: June 28, 1988 Santa Monica, California
TO: Mayor and City council
/
FROM: city staff
Subject: Recommendation to Approve a Resolution Authorizing
Acceptance and Recordation of an Easement
Introduction:
This report recommends that the city Council approve the attached
resolution authorizing acceptancce and recordation of an easement
on portions of First Court between Broadway and Colorado Avenue
and the adjacent property.
Background
CWD-Taiyo-Broadway-Ocean Associates ("CWD") requested the City to
vacate a portion of First Court located between Broadway and
Colorado Avenue, said portion being fully described in Resolution
No. 7585 (CCS) declaring the City's intention to vacate and
Drawing No. 4416 on file in the Office of the City Engineer. The
vacation was approved by Resolution No. 7608(CCS), adopted April
26, 1988.
A condition for approval of the vacation is a grant of three (3 )
easements for street and utility purposes allowing access to
First Court from Second Street and additional area for turning
movements in the alley. Exhibit "I" is a grant of two (2) of
these easements, as executed by CWD, owner of the easements and
b-E
jU~ '2 B tloC
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adjacent property. The third easement, attached as Exhibit "2",
is executed by Thomas and Sally Landau, owners of the easement
and adjacent property. For full particulars, reference is made
to Resolution No. 7585 (CCS), Exhibits "1" and 11211, and Drawing
No. 4416.
BUdget/Financial Impact
There is no budget/financial impact resulting from the
recommended action.
Recommendations
It is recommended that the City Council adopt the attached
resolution authorizing acceptance and recordation of two (2)
grant deeds for three (3 ) easements over portions oof First Court
between Broadway and Colorado Avenue and the adjacent property.
Prepared by: stan Scholl, Director of General Services
Desi Alvarez, City Engineer
Attachments: Resolution
Grant of Easement - Exhibit "1"
Grant of Easement - Exhibit "2"
Drawing No. 4413
(GofE1CBC)
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RESOLUTION NO.
CITY COUNCIL SERIES
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AUTHORIZING ACCEPTANCE AND
RECORDATION OF EASEMENTS FOR STREET AND UTILITY
PURPOSES ON PORTIONS OF FIRST COURT BETWEEN
BROADWAY AND COLORADO AVENUE AND THE ADJACENT PROPERTY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
RESOLVE AS FOLLOWS:
SECTION L In conj unction with development of real
property located in the City of Santa Monica (IICityll) and
recently vacated properties more accurately described below, the
City requires the property owners to grant easements in favor of
the city to accommodate public street and utility improvements
and to assure access to the public utility improvements and to
prevent any hazards related to the development.
SECTION 2. In consideration of City vacation of a por-
tion of First Court located between Broadway and Colorado Avenue,
CWD-Taiyo-Broadway-Ocean Associates, a California general
partnership, as property owner, has executed a grant of two (2)
easements attached as Exhibit "l". Said easements are granted to
the City for street and utility purposes over portions of First
Court and an adjacent lot, as is fully described in Drawing No.
4416 on file in the Office of the City Engineer, and in Resolu-
tion Number 7585 (CCS).
. .
SECTION 3. Also in consideration for the vacation of a
portion of First Court, the city requests an additional grant
of easement, attached as Exhibit "2", executed by Thomas and Sal-
ly Landau to the City for turning movements in the alley. Addi-
tional reference is made to Drawing No. 4416 and Resolution Num-
ber 7585 (CCS).
SECTION 4. The grant of such easements by the owners
of the subject properties is hereby approved and the City Manager
is authorized to accept such easements and record the grant deeds
with the Los Angeles County Recorder's office.
SECTION 5. The City Clerk shall certify to the adop-
tion of this Resolution, and thenceforth and thereafter the same
shall be in full force and effect.
APPROVED AS TO FORM:
~M.. ~,
J
ROBERT MYERS
city Attorney
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Exhlblt "I"
Recording requested by:
CITY OF SANTA MONICA
When recorded mail to:
CITY OF SANTA MONICA
1685 Main Street
Santa Monica, California 90401
Att: Department of General Services
Space above this line for
recorder's use
Documentary Transfer Tax
$
GRANT OF EASEMENT
AND AGREEMENT
This Agreement made this '-It-A day of May, 1988,
by and between CWD-TAIYO BROADWAY-OCEAN ASSOCIATES, a California
general partnership (hereinafter "Grantor") and the CITY OF SANTA
MONICA, CALIFORNIA, a municipal corporation (hereinafter "Gran-
tee" ) , is made with reference to the fallowing:
WHEREAS, Grantor is the fee owner of certain real property
(hereinafter "Servient Tenement") located in the City of Santa
Monica, California, and more part~cularly described as follows:
Lot C in Block 198 of the Town of Santa Monica, in the
Ci ty of Santa Monica, County of Los Angeles, State of
California, as per map recorded in Book 3 Pages 80 and
81, and in Book 39 Page 45, at seq., of Miscellaneous
Records, in the Off ice of the County Recorder of said
County.
WHEREAS, the Servient Tenement is subject to a dedicated
public right-of-way over a portion of the Servient Tenement which
~s commonly known as First Court; and
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WHEREAS, on April 26, 1988, pursuant to ResolutJ..on No.
7608( CCS), Grantee has vacated a portion of First Court as
described in said Resolution which has resulted in the that
portion of First Court reverting to Grantor who owns the
adjoining real property; and
WHEREAS, Grantee has vacated that portion of First Court
subject to adequate assurance that an alterna1:ive right of way
for a public alley and publiC utilities will be granted to
Grantee by Grantor; and
WHEREAS, Grantor desires to grant an easement to Grantee for
a right-of-way for a public alley and for all public utilities;
NOW THEREFORE, it is agreed as follows:
1. Grant of Easements. Grantor hereby grants to Grantee
easements as hereinafter descr1bed.
2. Nature of Easements. The easements granted herein are
easements in gross.
3. Uses of Easements. (a) The easement granted herein over
that portion of the Servient Tenement described in Exhibit "A"
attached hereto and incorporated herein by this reference, is a
right-af-way for a pUblic alley and for all public utilities to
be used an maintained in a manner in which Grantee uses and
maintains other publiC alleys.
(b) The easement granted herein over that portion of
"the Servient Tenement described i.n Exhibit "Bit attached hereto
and incorporated herein by this reference, is a right-of-way for
a public alley for vehicular purposes but not for public
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utilities, to be used an maintained in a manner in which Grantee
uses and maintains other public alleys.
4. Reservation of R~ghts. Grantor reserves the right to
use and occupy the subsurface wh~ch l~es below that portion of
the easement described in Exhibit "E" attached hereto for a
subterranean park~ng garage provided that such use shall not
interfere with the use of the right-of-way for vehicular travel.
No public utilities shall be placed within the subsurface of the
right-of-way described in Exhibit liB" hereto.
5. Reversion. In the event that Grantee should at any time
abandon the use of the right-af-way, then all rights of use to
the underlying property shall revert to the Grantor, its
successors and assigns.
6. Entire Agreement. This instrument contains the entire
agreement between the parties relating to the rights herein
granted and the obligations herein assumed. ^ny oral representa-
tions or modif~cations concerning this instrument shall be of no
force and effect excepting a subsequent modification in writing,
signed by the party to be charged.
7. Attorney's Fees. In the event of any controversy, claim
or dispute relating to this instrument or the breach thereof, the
prevailing party shall be entitled to recover from the losing
party reasonable expenses, attorney's fees, and costs.
8. Binding Effect. This instrument shall bind and inure to
the benefit of the respective heirs, personal representatives,
and successors of the parties hereto.
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IN WITNESS WHEREOF, the parties hereto have executed this
instrument the day and year first above written.
"GRANTOR" ~
CWD-TAIYO BROADWAY-OCEAN AS IATES,
a California general partnership
By: CWP-l987, a nia general
partnership
By
"GRANTEE"
CITY OF SANTA MONICA,
a municipal corporation
By
.John Jali1i
City Manager
APPROVED AS TO FORM:
By (1vt~ \.-,"\.. ~
Robert M. Myers U
City Attorney
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STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On thi.s ~ day of ~ , 1988, before me, a
Notary Public, ersonally appeared .C. Mow, personally known to
me (or proved to me on the basis of satisfactory ev~dence) to be
the person who executed the within instrument as the general
partner of CWP-1987 Associates, the general partnership that
executed the within instrument on behalf of CWD-TAIYO BROADWAY-
OCEAN ASSOCIATES, the partnership that executed the within
instrument, and acknowledged to me that such partnership executed
the same as such partner and that such partnership executed the
same.
Witness my hand and official seal.
~ I omcw. SEAL
dtt.vJ/U- ALEXANDRA USIK
NJrIRf PUClIC CAlura.lA
~ot~ Pub11C in and for said PRlfllClpAL OFFICE IN
LOS MG2U;S COUNTY
Cou ty and State '" ~ up JUII 21. 1989
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
On , before me, the undersigned, a Notary
Public in and for said State, personally appeared John Jali11,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the City Manager of the City of
Santa Monica, and acknowledged to me that such City of Santa
Monica executed the same.
WITNESS my hand and official seal
Notary Public in and for said
County and State
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EXHIBIT "A"
The southeasterly 20 feet of Lot C in Block 198 of the Town
of Santa Monica, in the City of Santa Monica, County of Los
Angeles, State of California, as per map recorded in Book 3,
Pages 80 and 81 of Miscellaneous Records and in Book 39, Page 45
et seq. of Miscellaneous Records, in the office of the County
Recorder of said County.
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EXHIBIT "B"
That portion of Lot C in Block 198 of the Town of Santa
Monica, in the City of Santa Monica, County of Los Angeles, State
of Californl.a, as per map recorded in Book 3, Pages 80 and 81 of
Miscellaneous Records and in Book 39, Page 45 et seq. of
Miscellaneous, in the office of the County Recorder of sal.d
County, described as follows:
Commencing at the intersection of the northeasterly line of
said Lot wl.th a line parallel with and dl.stant 20 feet
northwesterly, measured at right angles, from the southeasterly
line of said Lot: thence southwesterly along said parallel line
85.28 feet to the true point of beginning, being the beginning of
a curve tangent to said parallel line, concave northwesterly and
having a radius of 20 feet; thence westerly along said curve,
through a central angle of 48 degrees II' 23" , an arc distance of
16.82 feet to the beginning of a tangent curve concave
southeasterly and having a radius of 40 feet; thence
southwesterly and southerly along said last mentioned curve,
through a central angle of 96 degrees 46' 48" , an arc distance of
67.56 feet to a line parallel with and distant 10 feet
southwesterly, measured at right angles, from the southwesterly
line of said Lot; thence southeasterly along said last mentioned
parallel line, 6.46 feet to the southwesterly prolongation of
said line that is parallel wl.th and distant 20 feet northwesterly
from the southeasterly line of said Lot; thence northeasterly
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along said prolongation and said parallel line to the true p01nt
of beginning.
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Exhi bit "2"
Recording requested by:
CITY OF SANTA MONICA
When recorded mail to:
CITY OF SANTA MONICA
1685 Main Street
Santa Monica, California 90401
Att: Department of General Services
Space above this line for
recorder's use
Documentary Transfer Tax
$
GRANT OF EASEMENT
AND AGREEMENT
This Agreement made this Ljfl, day of May, 1988,
by and between THOMAS H. LANDAU and SALLY LANDAU (hereinafter
"Grantor") and the CITY OF SANTA MONICA, CALIFORNIA, a munic~pal
corporation (hereinafter "Grantee") , is made with reference to
the following:
WHEREAS, Grantor is the fee owner of certal.n real property
(hereinafter "Servient Tenement") located in the City of Santa
Monica, California, and more particularly described as follows:
Lot D in Block 198 of the Town of Santa Monica, in the
City of Santa Monica, County of Los Angeles, State of
California, as per map recorded in Book 3 Pages 80 and
Bl, and in Book 39 Page 45, et seg. , of Miscellaneous
Records, in the Office of the County Recorder of said
County.
WHEREAS, the Servient Tenement is subject to a dedicated
public right-of-way over a portion of the Servient Tenement whl.ch
is commonly known as First Court; and
1
. .
WHEREAS, on April 26, 1988, pursuant to Resolution No.
2608(CCS), Grantee has vacated a portion of First Court; and
WHEREAS, Grantee has vacated that portion of First Court
subject to adequate assurance that an alternative right of way
for a public alley and public utilities will be granted to
Grantee; and
WHEREAS, Grantor desires to grant an easement to Grantee for
a right-of-way for a public alley.
NOW THEREFORE, it is agreed as follows:
1. Grant of Easement. Grantor hereby grants to Grantee
easement as hereinafter described.
2. Nature of Easement. The easement granted herein is an
easement in gross.
3. Uses of Easement. The easement granted herein is a
right-of-way for a public alley for vehicular purposes but not
for public utilities, to be used an mal.ntained in a manner in
which Grantee uses and maintains other public alleys.
4. Locatl.on of Easement. The easement granted herein is
located as more specifically described in the attached Exhl.bl.t
"A".
5. Reservation of Rights. Grantor reserves the right to
use and occupy the subsurface which lies below the easement
granted herein for a subterranean parking garage provided that
such use shall not interfere with the use of the public right-of-
way for vehicular travel,
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6. Reversion. In the event that Grantee should at any time
abandon the use of the right-of-way, then all rights of use to
the underlying property shall revert to the Grantor, its
successors and assigns.
7. Entire Agreement. This instrument contal.ns the entire
agreement between the parties relating to the rights herein
granted and the obligations herein assumed. Any oral representa-
tions or modifications concerning this instrument shall be of no
force and effect excepting a subsequent modification in writing,
signed by the party to be charged.
B. Attorney's Fees. In the event of any controversy, claim
or d1spute relating to this instrument or the breach thereof, the
prevailing party shall be entitled to recover from the losing
party reasonable expenses, attorney's fees. and costs.
9. Binding Effect. This instrument shall b1nd and inure to
the benefit of the respective heirs, personal representat1.ves,
and successors of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
instrument the day and year first above written.
~~~
I tlI~ -LANDAU
b.~
SA.LL Y Cl'.ANDAU
3
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ltGRANTEE"
CITY OF SANTA MONICA,
a municipal corporation
By:
John Jalili
City Manager
APPROVED AS TO FORM:
By: n..rt~ \..v-.. ~
Robert M. Myers
City Attorney
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STATE OF CALIFORNIA )
) SSe
COUNTY OF LOS ANGELES )
On this 6'14 day of ~ ,1988, before me, a
Notary Public, personally appeared THOMAS H. LANDAU and SALL Y
LANDAU personally known to me (or proved to me on the basis of
satJ.sfactory evidence) to be the person whose names are sub-
scribed to this instrument, and acknowledged to me that they
executed it.
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~~~ for said ALEXANDRA USIK
NOTARY PUB~IC c.\L1FORHIA
PRINCIPAl. OffiCE IN
LOS ANGEl.ES COUNTY
My CommI5SlOP EKP JUM 21, 1989
County and State
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
On , before me, the undersigned, a Notary
Public in and for said State, personally appeared John Jalili,
personally known to me (or proved to me on the baslS of satisfac-
tory evidence) to be the City Manager of the City of Santa
Monica, and acknowledged to me that such City of Santa Mon1ca
executed the same.
WITNESS my hand and offlcial seal
Notary Public in and for said
County and State
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EXHIBIT "An
That portion of Lot D Block 198, Town of Santa Monica, in
the City of Santa Monica, County of Los Angeles, state of
California, as per Map recorded in Book 3 Pages 80 and 81 and in
Book 39 Page 45, et seq., of Miscellaneous Records, in the office
of the County Recorder of said County:
Beginning at the most westerly corner of said lot; thence
southeasterly along the southwesterly line of said lot a distance
of 5.0 feet; thence northerly in a direct line to a po~nt in the
northwesterly line of said l.ot distant 5.0 feet northeasterly
thereon from said most westerly corner; thence southwesterly
along said northwesterly line to the point of beginning.
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'J .,-. ,....., - - --"II ~
L ie --"'I~"'-- :
"-' I i ~ L..-. L- i
- 130'
50' 50' 50' 50'
-
>- &4B- 11 '23-
L cr L=16.82 ' 0 E
:3 ~ R=20'
~ ~ BT=8.S4' C -
"- 0 0 ~ A 0
In () It\
- 0:' 11\ ....
.... A=9So 46 '48 .
0 R=40'
a:: L=S7 .56'
CO T=45.04 '
50' 50'
50' 50' 50'
- -
'llI' CO
II! "It
(I) CD
~
< &1
11#'~ M.B.3 EE
PGS. 80 .81
~ .
~ - . <:) 0
0 0 0 11\ In
Ln In I..n .... ....
.... .... ...
M X W V U T
50' 50' 50' 50' 50' 50'
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l'.."~ PROPOSED vacaTION OCEAN AVENUE
~/A PROPOSED EaSEMENT
~ SCIU.E, 1"050" ~01TYl lIDlF ~LA\m1T ~ ~mrnoa;~
GENERALSERVICES DEPARTMENT
ENGINEERING DIVISION
ftE~Den~ADDPTION MAP SHOWING PORTION OF FIRST COURT
BETWEEN BROADWAY AND COLORADO AVENUE TO
~ ,1988
// ~ ~ t..... .~IF" BE VACATED UNDER PROVISIONS OF THE STREET
I ~! I ~IN1'eNDeNT VACATION ACT OF 1~1 AND CRANT OF EASEMENT
ACCEPTED FOR FILINC FOR
j THE CITY COUNCIl. OF THE 'U..'T,.,.6~ // ~... DUC..,.
C~Y O~ S~A 19ftCA
i .. S'~.r W-:l'-.1988 APP"~$I"~..A9"_~ eSICNI!O. 441C;
i --C jL 71: U-,J] ~}:;-.
, ' /:. __ F7 SHEET 1
;. <' ' C :T'Y Cl.ERK " ~ --1JI'FY C'f"r; I i4",'!'" l!CKlro · H..Q. OF 1
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