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P-491 (2)This page is part of your document - DO NOT DISCARD yy of LOS 20120825822 *,c�lN+ II g P0014 I II I III II I VIII II I I I II II I I I IIII II Recorded /Filed in Official Records t Recorder's Office, Los Angeles County, California x x o4e 1FOFti'f 06/04112 AT 08:26AM FEES: 0.00 TAXES: 0.00 OTHER: 0.00 PAID: 0.00 IYVIIII�I�IIA@l IIIIIIIIIIIIItlIIIIIIIV 11�91111111!!V LEADSHEET 201206040040009 00005903341 I IIIII) IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII (III IIII 004036752 SEQ: 01 DAR - Mail (Hard Copy) IIIIIIIIIIIIIIIillllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII THIS FORM IS NOT TO BE DUPLICATED E40011 Recording .'equested By Name: City of Santa Monica Planning & Community Development Address: 1685 Main Street, Room 212 City, State, Zip Code Santa Monica, California 90401 Title of Document EASEMENT AGREEMENT (for sidewalk) i�iNN46 SPACE ABOVE LINE FOR RECORDING USE EASEMENT AGREEMENT (for sidewalk) k M�U) THIS EASEMENT AGREEMENT ("Agreement") is made on this V day of A ril 2012, by and between THE LABOSSIERE FAMILY TRUST ( "Grantor "), and the CIT� OF SANTA MONICA, a municipal corporation organized and existing pursuant to the laws of the State of California and its charter ( "Grantee "). RECITALS WHEREAS, the Grantor is the owner of a certain tract of real property commonly known as 1538 -1558 Princeton (APN 4267- 022 -014) consisting of 5 parcels of land in Lot 16 Block 201 of Town of Santa Monica and as more particularly set forth in Exhibit C attached hereto and incorporated herein by this reference. Said real property shall be referred to in this Agreement as the "Grantor Property." WHEREAS, the Grantor agrees to dedicate a sidewalk easement for pedestrian purposes on a portion of the Grantor Property at the northwest corner of the Grantor Property consisting of approximately two (2) square feet, as more specifically depicted in the Map and Legal Description attached hereto as Exhibits A and B, respectively, and incorporated herein by reference ( "Fasement Area'). WHEREAS, Grantor agrees to provide to the Grantee, and Grantee agrees to accept, a sidewalk easement on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: OFFICIAL BUSINESS Document entitled to free Recording per Government Code Section 6103 Recording Requested By and When ' Recorded Mail To: City of Santa Monica 1685 Main Street, Room 212 Santa Monica, CA 90401 SPACE ABOVE LINE FOR RECORDING USE EASEMENT AGREEMENT (for sidewalk) k M�U) THIS EASEMENT AGREEMENT ("Agreement") is made on this V day of A ril 2012, by and between THE LABOSSIERE FAMILY TRUST ( "Grantor "), and the CIT� OF SANTA MONICA, a municipal corporation organized and existing pursuant to the laws of the State of California and its charter ( "Grantee "). RECITALS WHEREAS, the Grantor is the owner of a certain tract of real property commonly known as 1538 -1558 Princeton (APN 4267- 022 -014) consisting of 5 parcels of land in Lot 16 Block 201 of Town of Santa Monica and as more particularly set forth in Exhibit C attached hereto and incorporated herein by this reference. Said real property shall be referred to in this Agreement as the "Grantor Property." WHEREAS, the Grantor agrees to dedicate a sidewalk easement for pedestrian purposes on a portion of the Grantor Property at the northwest corner of the Grantor Property consisting of approximately two (2) square feet, as more specifically depicted in the Map and Legal Description attached hereto as Exhibits A and B, respectively, and incorporated herein by reference ( "Fasement Area'). WHEREAS, Grantor agrees to provide to the Grantee, and Grantee agrees to accept, a sidewalk easement on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: 4 MCMTM MIN A. Grantor hereby grants to Grantee, and Grantee accepts, a permanent easement on, across, and over the Easement Area for a public sidewalk and handicap ramp. The easement granted in this Agreement shall inure to the benefit of the general public as a public handicap ramp, sidewalk or other pedestrian pathway for pedestrian use only. The easement is for surface access and use rights as a public sidewalk. The Grantee shall, at its sole cost and expense, be responsible for the maintenance of the sidewalk and handicap ramp within the Easement Area. This easement is only to use, maintain, and repair and replace as necessary the existing sidewalk and handicap ramp in the Easement Area and for no other purpose, including without limitation the construction of any other improvements. . B. Except as to the rights granted herein, Grantor shall continue to have the full, use and occupancy and enjoyment of the Easement Area. MA 0 1111 IM I. I a IMMI! Grantee will keep in good condition and repair the sidewalk and handicap ramp in the Easement Area. Any maintenance or repairs which require work in the Easement Area shall be performed only after not less than fifteen (15) calendar days notice to Grantor, except in the case of emergency, and any such work shall be done so as to cause as little interference with the use of the surface of the property as is practicable. Without limitation of the foregoing, and to the extent feasible, Grantee shall endeavor to perform such work during normal working howl and the surface of the land shall be restored in an expeditious manner so that there is minimum disruption of pedestrian traffic flow. Upon completion of the work, the surface of the land shall be restored so that there is no damage to or reduction in the utilization of the surface of the land. �Mnlf iTpFiiT:Tifi The easement granted in this Agreement shall commence on the Effective Date hereof and continue in perpetuity, unless terminated pursuant to the provisions of this Agreement. In the event that the Grantee no longer requires use of the Easement Area and vacates the Easement Area, this Easement Agreement shall automatically be terminated and all rights granted herein shall revert to the Grantor or its successors in interest. Grantee shall indemnify, defend and hold harmless Grantor, its successors and assigns, from and against any and all losses, damages, liability, claims, suits, judgments, causes of action, and expenses, whatsoever, including reasonable attorneys' fees (hereinafter "claims ") by third parties relating to or arising from or in any way or manner connected to Grantee's, its agents, its employees or the general public's use of the Easement Area, including without limitation for bodily injury or property damage, except to the extent that such claims arise from or in any way or manner are attributable to the negligent conduct or willful misconduct of the Grantor, its successors or assigns. If legal action by any party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs. All written notices and demands of any kind which any party may be required or may desire to serve on the other in connection with this Agreement may be served as an alternative to personal service by registered or certified mail. Any such notice or demands served by registered or certified mail shall be deposited in the United States mail with postage thereon fully prepaid, addressed to the party to be served and delivered to the party if not by personal service, as follows: If to Grantee.: Rod Gould City Manager City of Santa Monica 1685 Main Street, Room 209 Santa Monica, CA 90401 vim City Attorney City of Santa Monica 1685 Main Street Room 310 Santa Monica, CA 90401 Attention: Marsha Jones Moutrie If to Grantor: Joseph Fitzsimons Sullivan - Dituri Company 2111 Wilshire Blvd. Santa Monica, CA 90403 Harding Larmore Kutcher & Kozal 1250 6t Street, Ste. 200 Santa Monica, CA 90401 Attention: Kevin V. Kozal Service of any notice or demand made by mail shall be deemed complete on the date of actual delivery. Any party hereto may, from time to time by notice in writing served upon the other party as aforesaid, designate a different mailing address or a different person to whom all notices and demands are thereafter to be addressed. • - This Agreement shall be governed by and construed in accordance with the laws of the State of California. mmmuzalml _ This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of Grantor and Grantee. IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the date herein first above written in Santa Monica, California. APPROVED AS TO FORM: ttR A O TRIE or e ATTEST: MARIA STEWART City Clerk CITY OF SANTA MONICA a municipal corporation By: ROD GOULD City Manager THEi OSSIEA}VIILY TRUST, Judith A. Enright, Co- Trustee Harold H. Quigley, Co- Trustee State of California County of L®�, ,e_\ ns CIVIL CODE § 1189 On before me, PUU�c. Date _ Here Insert Name and Title o1 A OHice,i personally appeared MARIA M. STEWART COMM. #1847239 ic NOTARY CALIFORNIA G) ® CALIFOR C) LOS ANGELES COUNTY Comm. F.z .MAY 1, 2D13 who proved to me on the basis of satisfactory evidence to be the persons) whose name(s} iskdE, subscribed to the within instrument and acknowledged to me that he /sheithey executed the same in his /her/th,eir authorized capacity(ies), and that by his /her/thefr signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: a m P_� Place Notary Seal Above p� q Signature of Notary ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: -,vv� Document Date: Number of Pages: 6 b1� ewe .t Signer(s) Other Than Named Above: !,-\ do L � C .,mil. 4 Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer— Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Tap of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Tap of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2010 National Notary Association • NationalNotary.org • 1- 80D -US NOTARY (1- 800 -876 -6827) Item #5907 D tot 0 CIVIL CODE § 1189 State of California �_ County of 0 .� I l qcjj .yy On before me, 01411 y tic ✓`� a 1 I��� %C Date ----�° Here insert N06 and Title of t4tO mer personally appeared �(yr�, , &Z ,y V ame(s) of Signer(s) who proved to me on the basis of satisfa Cory evidence to be the person(s) whose name(s is re subscribed to the within instrument and acknowledged to me that he /oh /they executed the same in his e? their authorized capacity(ies), and that by HE r /their signature(s) on the instrument the pe n(s), or the entity upon behalf of which the I ANY VICTORY person(s) acted, executed the instrument. -''- Commission # 1945788 gl e,. Notary Public - California n I certify under PENALTY OF PERJURY under the z x Los Angeles County laws of the State of California that the foregoing M Comm. Ez fires Au 25, 2015 paragraph is true and correct. WITNESS my hand and official seal. Signature: Place Notary Seal Above to OPTIONAL ' Though the information below is not required by law, it m prove valluable- to-persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 1J- Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner— ❑Limited []General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): other party as aforesaid, designate a different mailing address or a different person to whom all notices and demands are thereafter to be addressed. 41,1001111TWIFEW _ This Agreement shall be governed by and construed in accordance with the laws of the State of California. This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of Grantor and Grantee. IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the date herein first above written in Santa Monica, California. CITY OF SANTA MONICA a municipal corporation By: ROD GOULD APPROVED AS TO FORM: City Manager MARSHA JONES MOUTRIE City Attorney ATTEST: MARIA STEWART City Clerk THE LABOSSIERE FAMILY TRUST, Judith A. Enright, Co- Trustee Harold H. Quigley, Co- Trustee (V CALt,OFORIMOA ALL-PURPOSE ACKHOWLEDORMEN4 State of California CIVIL CODE § 99Be r County of On before me, � fl 6� rVA I F e , �` z4 L7 (G4 E Data Here 1111,11 Name and Titled ifie Officer personally appeared _41/1 NYme(s) of Slgflets) who proved to me on the basis of satisf dory evidence to be the person(s) whose name(s i re subscribed to the within instrument and acknowledged to me that Chohelthey executed the same in h >/her /their authorized capacity(ies), and that by (his%herhhelr signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. EVE M. CARRIERE I certify under PENALTY OF PERJURY under the Commission # 1889621 laws of the State of California that the foregoing Notary Public • California > paragraph is true and correct. Los Angeles County My Comm. Ex tires Ma 16, 2014 r WITNESS my hand and official seal. Signatpro _f Place Notary Seat Above N Simulate of Notary Public OPTIOAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual fri e ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual 0 ❑ Partner — ❑ Limited ❑ General Top of tnumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: zuiu National Notary Associanon • NauonalMmla .orff - I- nuu -us NU IAtlr (1- nuu- ara -6521) Item #5907 The City of Santa Monica, a municipal corporation, hereinafter called Grantee, does hereby accept the above and foregoing Easement upon and subject to all of the terms, covenants and conditions therein contained, and does hereby agree to comply with and perform each and all of said terms, covenants and conditions. DATED as of hN ft', 2012. APPROVED AS TO FORM: SHA NES MOT TRIE Cit Attor e ATTEST: MARIA ST— EEWART City Clerk CITY OF SANTA MONICA a municipal corporation By: ROD GOULD City Manager ON 1538 —1558 PRINCETON ST. (A PORTION OF LOT 16, BLK, 201, TOWN OF SANTA MONICA) LAWN SCALE: 1 " =10' r, SIDEWALK VERIABLE HEIGHT CURB DETAIL "AI' rwelem= 20, m I COLORADO AVE. AREA OF CORNER CUTOFF FOR SIDEWALK EASEMENT DETAIL "A" N. T. S. P---\ 9e• -_„a u C0 zi O I— W O z_ 0_ I MAP SHOWING A CORNER CUTOFF C i t y o F Santa Monica . AT 1538 -1558 PRINCETON STREET FOR Department of Public Works SIDEWALK EASEMENT PURPOSES 1437 4th Street, Suite 300 Santa Monica, CA 90401 SUBMITTED BY: C_ ^G 1 /t��� DRAwtNG Nt a TEL. ( 310 ) 458 -8721 FAX. ( 310 ) 393 -4425 APPROVED BY : K�- V - DAZE : LEY 201 4744 e —mail : smengineeringOsmgoenet City Engineer 1 of 1 II j w c� o /T� m COLORADO AVE. AREA OF CORNER CUTOFF FOR SIDEWALK EASEMENT DETAIL "A" N. T. S. P---\ 9e• -_„a u C0 zi O I— W O z_ 0_ I MAP SHOWING A CORNER CUTOFF C i t y o F Santa Monica . AT 1538 -1558 PRINCETON STREET FOR Department of Public Works SIDEWALK EASEMENT PURPOSES 1437 4th Street, Suite 300 Santa Monica, CA 90401 SUBMITTED BY: C_ ^G 1 /t��� DRAwtNG Nt a TEL. ( 310 ) 458 -8721 FAX. ( 310 ) 393 -4425 APPROVED BY : K�- V - DAZE : LEY 201 4744 e —mail : smengineeringOsmgoenet City Engineer 1 of 1 ryr EXHIBIT 6699 Ref Drawine No. 4744 A CORNER CUTOFF AT 1538 -1558 PRINCETON STREET FOR SIDEWALK EASEMENT PURPOSES, DEPICTED IN ABOVE - REFERENCED DRAWING AS EXHIBIT "A" AND DESCRIBED AS FOLLOWS: EASTERLY 2 -FT OF THAT PORTION OF LOT 16, BLOCK 201, TOWN OF SANTA MONICA TRACT, IN THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, RECORDED IN BOOK 39, PAGE 45 OF MISCELLENOUS RECORDS OF THE SAID COUNTY. APN: 4267- 022 -014 APPROVED BY: DATE: A LEE SWAIN, P.E., CITY ENGINEER Page 1 of 1 t FXHIRIT "C" LEGAL DESCRIPTION OF 1538 -1558 PRINCETON STREET, SANTA MONICA PARCEL 1: THE SOUTHWESTERLY 140 FEET OF THE NORTHEASTERLY 170 FEET OF THE NORTHWESTERLY 50 FEET OF THE SOUTHEASTERLY 250 FEET OF LOT 16 IN BLOCK 201 OF THE TOWN OF SANTA MONICA, IN THE CITY OF SANTA MONICA, CCUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 39, PAGES 45 TO 51 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: THE SOUTHWESTERLY 140 FEET OF THE NORTHEASTERLY 170 FEET OF THE NORTHWESTERLY 50 FEET OF THE SOUTHEASTERLY 200 FEET OF LOT 16 IN BLOCK 201 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 39, PAGES 45 TO 51 OF MISCELLANEOUS RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 3: THE SOUTHWESTERLY 140 FEET OF THE NORTHEASTERLY 170 FEET OF THE NORTHWESTERLY 50 FEET OF THE SOUTHEASTERLY 150 FEET OF LOT 16 IN BLOCK 201 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 39 PAGES 45 TO 51 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. % THE SOUTHWESTERLY 140 FEET OF THE NORTHEASTERLY 170 FEET OF THE NORTHWESTERLY 50 FEET OF THE SOUTHEASTERLY 100 FEET OF LOT 16 IN BLOCK 201 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 39 PAGES 45 TO 51 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 5: THE SOUTHWESTERLY 140 FEET OF THE NORTHEASTERLY 170 FEET OF THE SOUTHEASTERLY 50 FEET OF LOT 16 IN BLOCK 201 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 39 PAGES 45 TO 51 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. m