Loading...
P-492 (2)This page is part of your document - DO NOT DISCARD AM pfvLOS, 20110732100 gg + IIIIIII III II IIIIIIIIIIIIIIIIIIIIIIIIII P0014 Recorded /Filed in Official Records } Recorder's Office, Los Angeles County, k _ f California %C�11PORN�) 05/26/11 AT 04:69PM FEES: 0.00 TAXES: 0.00 OTHER: 0.00 PAID: 0.00 III�VIIMIIII��IIIIIIVItlNIIIN�WIV�Nllllulnllll� LEADSHEET 201105250020064 00004193438 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 003320660 SEQ: 01 DAR — Mail (Hard Copy) I IIIIII IIIIII IIIII IIIII IIII VIII (IIII VIII IIII IIIIIII VIII (III IIIIII III IIIIII IIIIII IIIII IIII IIII III) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII - THIS FORM IS NOT TO BE DUPLICATED - E211061 Recer6ing Requested By Name: City of Santa Monica, City Attorney's Office Address: 1685 Main Street, Room 310 City, State, Zip Code Santa Monica, California 90401 Title of Document EASEMENT AGREEMENT (for sidewalk) 71 SPACE ABOVE LINE FOR RECORDING USE EASEMENT AGREEMENT (for sidewalk) clk THIS EASEMENT AGREEMENT ( "Agreement ") is made on this � -day of April 2011, by and between CLAN DONNACHAIDH, LLC, a Nevada limited liability company, and GREG BRILES, an individual (jointly "Grantor "), and the CITY 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 and Grantee have entered into that certain settlement agreement ( "Settlement Agreement') dated as of January 29, 2009 and relating to the Grantor Property (as defined below), which Settlement Agreement, among other things, provides that the Grantor is required to provide an easement for sidewalk purposes over a specified portion of the Grantor Property. WHEREAS, the Grantor has completed construction of all improvements required by the Settlement Agreement and the Grantee has approved and signed -off on such work. WHEREAS, the Grantor is the owner of a certain tract of real property as more particularly set forth in the following legal description: Southwesterly 20 feet of Lot 25, and all of Lots 26 and 27 in Block C of Central Beach Tract, as per map recorded in Book 78, Page 77 of Miscellaneous Maps, excepting from said Lot 27 the Southwesterly 20 feet thereof, in the office of the Recorder of said County. OFFICIAL BUSINESS Document entitled to free Recording per Government Code J Section 6103 Recording Requested By and When Recorded Mail To: City of Santa Monica City Attorney's Office 1685 Main Street, Third Floor Santa Monica, CA 90401 SPACE ABOVE LINE FOR RECORDING USE EASEMENT AGREEMENT (for sidewalk) clk THIS EASEMENT AGREEMENT ( "Agreement ") is made on this � -day of April 2011, by and between CLAN DONNACHAIDH, LLC, a Nevada limited liability company, and GREG BRILES, an individual (jointly "Grantor "), and the CITY 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 and Grantee have entered into that certain settlement agreement ( "Settlement Agreement') dated as of January 29, 2009 and relating to the Grantor Property (as defined below), which Settlement Agreement, among other things, provides that the Grantor is required to provide an easement for sidewalk purposes over a specified portion of the Grantor Property. WHEREAS, the Grantor has completed construction of all improvements required by the Settlement Agreement and the Grantee has approved and signed -off on such work. WHEREAS, the Grantor is the owner of a certain tract of real property as more particularly set forth in the following legal description: Southwesterly 20 feet of Lot 25, and all of Lots 26 and 27 in Block C of Central Beach Tract, as per map recorded in Book 78, Page 77 of Miscellaneous Maps, excepting from said Lot 27 the Southwesterly 20 feet thereof, in the office of the Recorder of said County. 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 southeast corner of the Grantor Property consisting of approximately twenty -one (2 1) square feet, as more specifically depicted in the Map and Legal Description attached hereto as Exhibit A incorporated herein by reference ( "Easement 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: 1. Grant of Easement. 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. The Easement Area does not include the "New 24" High Wall" as depicted on Exhibit A attached hereto and Grantee has no rights to use this wall in any way. C. Except as to the rights granted herein, Grantor shall continue to have the full, use and occupancy and enjoyment of the Easement Area. 2. Maintenance of Easement Area. 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 hours 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. 3. Term of E asement/Reversion. 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 2 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. 4. Indemnification. 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. 5. Attornevs' Fees and Costs. 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. 6. Notices. 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 With a copy to: City Attorney City of Santa Monica 1685 Main Street Room 310 Santa Monica, CA 90401 Attention: Marsha Jones Moutrie If to Grantor: Greg Briles 16303 Waterman Drive Van Nuys, CA 91406 and David Rosten 4 Sandy Cove Newport Coast, CA 92657 With a copy to: Hardin Larmore Kutcher & Kozal 1250 6` 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 as shown by the addressee's certified or registered receipt or upon the expiration of the second day after the date of mailing, whichever is earlier in time. 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. 7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 8. Binding Effect. 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: a= ROD GOULD City Manager tATTEST-:—,,, MARIA M. STEWART City Clerk CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT GMENHT CIVIL CODE § 1189 State of California Countyof Los _ t On 5 ' . � ` before me, n n a-R , —�- !ii Date Here nsert Name T personally appeared MARIA M. STEWART COMM. #7847239 NOTARY PUBLIC •CALIFORNIA LOS ANGELES COUNTY Comm. Exp. MAY t, 2013 Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/&h@Ahey executed the same in hisAietillieir authorized capacity(ies), and that by his /he4theic signature(s) 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: t,____ Q 40 Place Notary Seal Above p� q Signature of Notary Public 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: Document Date: -A ' a 4) ° t I Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual s ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual e ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing I � Item #590] APPROVED MWR OAJ City Attorn4 ----- -ATTEST: MARIA STEWART 4 .., c ^� City Clerk RACHEL A. BRISTFR Commission # 1910250 Rotary Public • California Orange County RI Comm. Ea iros Oct 24 2014 g CLAN DONNACHAIDII, LLC, a Nevada limited liability company By: Name:a rv-, Title: °ir e Gr4Ba indi tduai /I > �ti GI L o ✓� r, t 7A. # 7LID Rota- California la County my Comm, Expires Oct 12, 2011 M State of California /C'*� County of e On Z — IS'- 2D<< before me, RaCk-e f F"• B v- _(Jt C /jO � -f n PIA � I L Date Here Insert Name and Title fo_f _the Officer personally appeared d LJ i �� r-Lt C C' _ C _ p c Z> S J r� - ' RACHEL A. BRiSTER o# tgt0Commissin i z affly Notary Public - California z Orange County Comm. Expires Oct 24, 2014' who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/arc- subscribed to the within instrument and acknowledged to me that he /sheA4@y executed the same in his /herdtheir authorized capacity(ies), and that by his /heiftfieir signature(s) 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 Place Notary Seal Above p� q signature of Notary Public 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: -SG- L 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 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 ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02009 National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1-800 -876 -6827) Item #5907 !a State of California County of �s On before me,��� Date �y� _ Here Insert Name antl tle of the Officer personally appeared &✓ �Y�q 611,- �t Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persor (.�hose name slate subscribed to the within instrument and acknowledged to me that hefse* executed the same in his i+- authorized capacity(ies), and that by hisAaati1baeir signature(sy on the instrument the person(sr, 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 nd official seal.,% Signatf y-0 p� q Signature of Notary Public 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 Docume�nt Title or Type of Document: �C1U / e d-,? (- ' P /'t r.171 Document Date: Signer(s) Other Than Named Above: Capacfty(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer— Title(s): ❑ Individual ❑ 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 ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: �I 2009 National Notary Association • NationalNotary.org • 1 800 -US NOTARY (1- 800 -876 -6827) Item #5907 CERTIFICATE OF ACCEPTANCE 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 ofd �� 2010. CITY OF SANTA MONICA a municipal corporation By. ROD GOULD City Manager APPROVED AS TO FORM: IM—Stlo MRIB Cit TTEST MARIA STEWART City Clerk W INSERT NOTARY PAGE AND LEGAL DESCRIPTIONS HERE Airx.. SfP16 161 OCEAN 'PARK. BLVD . _ (4288- 019 -018) � OEOESTRUC7vJNG Q U•u2R/j.S - g m R =i$ jty DRAN- c h4 Huc. EASEMENT A AREA MIGR WALL QE`�y PFC` I 9 3' -0" POINT OF BEGINNING SIDEWALK OC � $ \\ BOULEVARD PARK BOULEVARD QP I O °F'Pa `G9t P N NEILSON WAY L — — NOT TO�SCAIE — — — VICINITY MAP NOT N YNE MAP SHOWING A PORTION OF PRIVATE PROPERTY -gj C i t y o f Santa Monica TO BE DEDICATED AS PUBLIC EASEMENT E IT1- SY + REE£RENCE : DRAMNG NO 0 Public Works Department 161 On., Pork D'd (099COJ VEO Y: DA?E /O- .$�.ZO( DESIGNED BY: ORAYM 8Y; t�. a �T aaa. U. ss�,�� 4737 o amen9Memmghmgov rtet L SWAT , P.E. CHECKED 8Y aw ENGINEER AS ED N O] 5X5 e VIVIMFy UP YAaGE CL P } 30 Lj i Q 0 n� Airx.. SfP16 161 OCEAN 'PARK. BLVD . _ (4288- 019 -018) � OEOESTRUC7vJNG Q U•u2R/j.S - g m R =i$ jty DRAN- c h4 Huc. EASEMENT A AREA MIGR WALL QE`�y PFC` I 9 3' -0" POINT OF BEGINNING SIDEWALK OC � $ \\ BOULEVARD PARK BOULEVARD QP I O °F'Pa `G9t P N NEILSON WAY L — — NOT TO�SCAIE — — — VICINITY MAP NOT N YNE MAP SHOWING A PORTION OF PRIVATE PROPERTY -gj C i t y o f Santa Monica TO BE DEDICATED AS PUBLIC EASEMENT E IT1- SY + REE£RENCE : DRAMNG NO 0 Public Works Department 161 On., Pork D'd (099COJ VEO Y: DA?E /O- .$�.ZO( DESIGNED BY: ORAYM 8Y; t�. a �T aaa. U. ss�,�� 4737 o amen9Memmghmgov rtet L SWAT , P.E. CHECKED 8Y aw ENGINEER AS REF. DRAWING NO. 4737 161 OGEAN PARK BOULEVARD OCTOBER 18, 2010 That portion of Lot 26 together with southwesterly 20 -ft of Lot 25 and northeasterly 5 -ft of Lot 27, in Block C, Central Beach Tract, in the City of Santa Monica, County of Los Angeles, State of California, as per map recorded in Book 78, Pages 77 and 78 of Miscellaneous Records in the Office of the County Recorder of said County, described as follows; Beginning at the most easterly corner of southwesterly 20 -ft of the said Lot 25; thence northwesterly along the northeasterly line of southwesterly 20 -ft of the said Lot 25, also being the southwesterly right -of -way line of Neilson Way, 60 it wide; thence south along a tangent curve concave westerly and having a radius of 16 -ft to a point along the southeasterly line of said Lot 25, also being the northwesterly right -of -way line of Ocean Park Boulevard, 78 -ft wide; thence northeasterly along the said southeasterly line to the Point of Beginning. Containing 21 square feet, more or less.