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Santa Monica, California,. April 27, 1977
T0: Mayor and City Council
FROM: City Staff
SUBJECT: Authorization for City Manager to Execute Certain Easement Deed
for Water Main Purposes in Replacement of Existing Easement
Introduction
This report reviews a proposed exchange of easements by the Sunset Park
Development Company and a relocation of a water lin~ee_in the existing easement
to the new easement at developer's cost. ~, ~=- ~'i °'?
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Background
The Sunset Park Development Company is-building a residential development on
Ocean Park Boulevard between Centinela Avenue and Bundy Drive wholly within the
City of Los. Angeles. An existing 12" Santa Monica. water line runs within the
development in an easement acquired by the~City in 1955. Sunset Park has
requested that the main be relocated to the west, outside of the development
at their cost:. The relocation will be accomplished by the City's repair crews
and is expected to take two weeks and involve 700 feet of 12" main.
Recommendatioh
It is recommended that Council authorize the City Manager to execute the new
easement - or the City; execute the agreement for vacation of existing
easement and authorize City repair crews to commence with the work.
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ADDENDUM to Easement Deed b_y McDonnell Douglas dated April 21 1977.
On page two of Easement Deed, paragraph as follows is to be deleted before
execution:
"Grantor reserves the right to relocate the Easement Area
so long as Granter pays all costs in connection with such
relocation."
Mayor and City Council
April 27, 1977
Paye Tavo
Alternatives
The developer could, by changing the grading plan and site plan for the
proposed development, leave the water line in-place and proceed with the
construction. This would leave City's water line between the new houses and
the garages.. The line would remain on provate property. The line is 20 years
old.
An advantage of the recommended relocation is that the City will gain a new
line and it will be in a location more easily accessible in case repairs are
needed.
Prepared by: Stan Scholl, Director of General Services
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BARCLAY CURCI INVESTt~~~;NT CO.
5456 AficConnell Avenue, Suite 145
Los Angeles, California 90066
(2i3) 390-36$6
April 27, 1977
City of Santa Monica
Water Department
16$5 Iufain Street
Santa Monica, California 90401
Attention: Prlr. Jahn Johnson
Gentleman:
By virtue of our right to enter the McDonr?ell Douglas Property
accorded us April 19, 1977, ( a copy of which I enclose), please
consider this your authorization to enter on to the subject premises
for the purpose of relocationg the existing City water line,
Yours very truly,
Steven C. Barclay ,~J
SCB/eg
Encl.
April 19, 1977
Barclay-Curci Investment Company
c/o Joseph A. Jaconi, Jr.
5456 McConnell Avenue
Suite 220
Los Angeles, California 90066
Re: Santa Monica Property
Gentlemen:
You have asked us for permission to enter upon the
captioned property which is the subject of our Property
Exchange Agreement dated December 6, 1976. You have
asked for permission to enter onto the property prior
to the closing of the Phase I escrow in order (i) to
relocate the water main which is identified as exception
14 in the preliminary title report furnished you in
connection with. our transaction; and (ii) to commence
grading operations on that portion of the property which
we refer to as the "Residental Portion".
The relocation of the water main will cause it to be
moved from property logated in the City of Los Angeles
to a location partly in the City of Los Angeles and
partly in the City of Santa bSonica.
This letter shall serve as our authorization to you
to so enter onto the property to accomplish the foregoing.
purposes, provided however, that upon your acceptance
hereof you agree to indemnify and hold McDonnell Douglas
Corporation harmless of any loss, claim or liability
which may result from your entry onto the property.
Any grading caused to be done by you shall be accom-
panied by adequate public liability, property damage
and A7orkmen's compensation insurance naming McDonnell
Douglas Corporation as an additional insured. A
certificate of such insurance shall be delivered to '
McDonnell Douglas Corporation prior to corm;encement
of such grading.
Very truly yours,
McDonnell Douglas Corporation
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~~-'~ Le. ~ '~r't ,f mil,
ice-President
EASEMENT DEED
TIIIS INSTRUMENT, made this <:-?\~°-~- day of April, 1977, between
MCDONNELL DOUGLAS CORPORATION, a Maryland corporation ("Grantor")
and the CITY OE SANTA MONICA, a municipal corporation of the
State of California ("Grantee").
WITNESSETH: That Grantor, for and in consideration of the
sum of one dollar ($1.00), lawful money of the United States of
America, to it in hand paid by the Grantee, the receipt whereof
is hereby acknowledged, does by these presents grant unto
Grantee, a perpetual easement and right of way for the
construction, reconstruction, inspection, maintenance, operation
and repair of water mains, (hereinafter termed "Structure"), in,
under and along that parcel of land located in the Cities of
Los Angeles and Santa Monica, County of Los Angeles, State of .
California, described as follows, to wit:
A strip of land fifteen (15) feet in ~.~~idth lying
seven and one-half (7-1/2) feet on each side of
the centerline described in Exhibit A hereto.
Together with the right to enter upon and to .pass and repass.
over and along said strip of land and to deposit tools,
implements and other material thereon by Grantee, its offi-
cers, agents and employees, and by persons under contract with
it and their employees, whenever and wherever necessary for.
the purpose of constructing, reconstructing, replacing, enlarging,
inspecting, maintaining, operating or repairing said Structure.
In consideration of the foregoing grant, Grantee agrees:
That, if and when said Structure is constructed, same is to
be constructed in a firstrolass, workmanlike manner
Grantor agrees hereby that:
(a) No building or other structure, other than parking
lot improvements such as paving, lighting and landscaping, shall
be constructed within ten (10) feet of the easement granted hereby
(the "Easement Area");
(b) All slopes, if any, constructed or maintained on
property adjacent to the Easement Area shall be located at
least ten (10) feet therefrom so that the Easement Area shall
be reasonably level;
(c) All sewer lines parallel with the Easement Area. shall
be located at least ten (10) feet. therefrom;
(d) Any sewer lines intersecting the Easement Area shall
be located at least three (3) feet deeper than the water main
structure installed by Grantee within the Easement Area.
(e) All other parallel utility lines shall be located
at least five (5) feet from the Easement Area.
Grantee, by its acceptance hereof, shall, in the event of
entering upon the Easement Area to repair any structure therein
shall reasonably restore tYle surface of the ground to the
condition it was in prior to such entry and repair.
Grantor reserves the right to relocate the Easement Area
so long as Granter pays all costs in connection with such
relocation.
IN WITNESS WHEREOF, Grantor has hereunder executed the
within instrument the day and year first above written.
Approved as to form this MCDONNELL DOUGLAS CORP-O}RATION
day of 1977. ~ ~ ~~~ / ~r'/`
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City Attorney ~
1945 GA f~~041
arporation) ? ,yT1TLE INSURANCE
rvyr AND TftU57
STATE OF CALIFORNIA l nncon comPnrvv '.,
Los An eles ss.
COUNTY OF__ ~____._l ~
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T 11 .2.1 ~__ 19 ~ ~-__--_-_._._...-____.before me, the nncterianed, a Notary Public in and for said ~~
State, personally appeared- Jame 5 T . McM i 1 1 an
Vice -
known to me to be the__-..-------_--_---_-_-_--__President, and--__- _-- - --__-_---, ,
known to me [o be._..- ___ _..._..._ __.._Sccrctarv I .' `'',i., :.,.:.-,;,, r, ,,,,,.....,
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Beginning at the intersection of the southeasterly
line of that certain parcel of land described in died to pougias
Aircrafl~ Company, Incorporated, recorded in Book 22979, page
39 of Ofncial Records of said County with a line ~nihich is parailel
with and distant 37 feet northeasterly, measured at right angles,.
from the northeasterly line of Tract No . 10529, as per map °
recorded in Book 160, pages 21 to 25, inclusive, of Maps, in
the ofi ice of the County Recorder of said County, for the
purpose of this description said northeasterly line has a bearing
of North 34°31'13" West; thence North 79°31'13" West 77.07 feet,
more or less, to a line which is parallel with and dista;~t 17,50
feet southwesterly, measured at right angles, .from said
northeasterly line of -tract No. '10529; thence along said,
parallel line, North 3G°31'13" West to the Southerly line of
Cccan Park Boulevard as recited in said deed .