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- 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
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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.