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sr-051077-11dt ..... ~ d ' > ,~ 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 °'? ~~.,~ t~, 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. ~pv 8 P i9a7 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 w v C~NTi~IELA AVE ~i. a~` /°~oposec/ /~" Gtl~fer iCe%ca~ i` d\ ~~ ;! ~t ra`~~ a ~ m 34 T N S T. ~ ~s° .~ Y ev 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 -~ , ~~-'~ 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'/` res 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 ~ On_. _ _~ -_._ ___ _ 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, ,,,,,....., z 2 3 5 6 7 8 9 10 xz 1`L 13 1~ 7a xs ~7 ~~I is 19 20 21 ~2 ~~ 24 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 .