P-493 (2)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
.COPY of Document Recorded
0 E)_ 2 G 1, . 1_ r
Has not been compared Ni,h original,
Original will be retumAkvhen
processing has been corn;�ldoA
LOS ,"AGUES COUM i Y REGISTRAR -RE CMDER
SPACE ABOVE LINE FOR RECORDING USE
EASEMENT AGREEMENT FOR
PUBLIC STREET
THIS E SEMENT AGREEMENT FOR PUBLIC STREET ( "Agreement ") is made on
this Ski day of ' 2006 ( "Effective Date ") by and between the RAND CORPORATION,
a California non -profit corporation ( "Grantor" or "RAND "), 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" or "City').
RECITALS
A. Pursuant to California Government Code Section 65864, etseq., and Santa
Monica Municipal Code Section 9.48.010, et seq., Grantor and Grantee entered into a
development agreement ( "Development Agreement "), executed on November 23, 2000, and
recorded February 1, 2001 as Instrument No. 01- 0176770 of Official Records in the Los Angeles
County Recorder's Office. The Development Agreement was assigned City Contract No. 7858
(CCS).
B. Grantor is the owner of approximately 3.7 acres of land located in the City of
Santa Monica, County of Los Angeles, State of California, as more particularly described in
Exhibit A -1 attached to the Development Agreement. ( "Property ").
C. Pursuant to the Development Agreement, a new corporate headquarters and
principal research site, consisting of a five -story office building and a subterranean parking
garage ( "the Project ") was approved for development on the Property. Construction of the Project
was completed in October, 2004. This Project was assigned application number OODA -001
D. The Development Agreement requires that Grantor take all necessary and
appropriate steps to dedicate a portion of the Property for the construction of a new street to be
known as Vicente Terrance, which shall run from Main Street to Ocean Avenue in the City of
Santa Monica. The easement area ( "Easement Area ") for the portion of Vicente Terrace to be
dedicated by Grantor is more particularly described in the legal description attached hereto as
Exhibit A and depicted on the map attached hereto as Exhibit B, both of which Exhibits are
MBE
1168309.3
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incorporated herein by reference and made a part hereof. This Agreement effectuates the
requirement that Grantor grant to City easement rights over a portion of the Property for a public
street and appurtenant improvements and shall be recorded in the Office of the County Recorder
of Los Angeles.
E. Grantee has certain easement rights in those certain parcels of real property used
as public streets and known as Ocean Avenue and Main Street, located between Pico Boulevard
and Colorado Avenue in Santa Monica, California. The Vicente Terrace public street, a portion
of which includes the Easement Area, will be connected to and located east of Ocean Avenue.
F. Grantor desires to grant to Grantee, and Grantee desires to receive from Grantor,
easement rights provided herein on, across and over the surface of the Easement Area for use as a
public street.
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:
Grant of Easement.
Subject to the following terms and conditions, Grantor hereby grants to Grantee an
easement for public street purposes over the surface of the Easement Area, including,
improvements which have been or may be constructed by Grantor or Grantee in the Easement
Area. The easement rights granted herein shall not conflict with the subterranean parking
structure located beneath the Easement Area, which parking structure has been constructed and
approved by the City of Santa Monica.
Character of Easement.
The easement granted by this Agreement shall inure to the benefit of the general public as
a public street and sidewalk for vehicular and pedestrian use, including, but not limited to, the
right of Grantor and Grantor's tenants and their invitees and guests to use the Easement Area for
access to the Project.
Secondary Easements.
The easement rights granted in this Agreement include the following incidental rights: the
right of Grantee, its agents, employees and contractors to construct, repair, maintain and replace
any public improvements located on the surface of the Easement Area and to take all reasonable
and usual actions necessary in connection therewith. The cost of original construction of the
street, curbs, gutter, sidewalk, landscaping, signage and lighting as shown on the plans for the
Easement Area as approved by the City and as depicted in City Engineering Drawing No. 4693
has been paid for by Grantor as provided in the Development Agreement. Any future public
improvements located in the Easement Area will be constructed, installed, repaired, maintained
and replaced at Grantee's expense.
4. Term of Easement.
The easement rights granted in this Agreement shall commence on the Effective Date of
this Agreement and continue in perpetuity.
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1168309.3
5. Future Maintenance and Repairs.
Grantee shall keep in good condition and repair the public improvements on the surface
of the Easement Area.
6. Attorneys' 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.
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: P. Lamont Ewell
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: Rand Corporation
1776 Main Street
Santa Monica, CA 90401
Attention: Michael Rich
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.
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1168309.3
8. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
9. Binding Effect.
ffect.
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.
ATT ST:
Maria Stewart
City Clerk
APPROVED AS TO FORM:
M rs a ones
i4", &��
City
"GRANTEE"
CITY OF SANTA MONICA,
a Ri ration
Ew 11
ger
"GRANTOR"
RAND CORPORATION,
a California non - profit corporation
By: QN. A ��
James A. Thomson
President & CEO
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1168309.3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
C>,a',.� re-�„ >,r�a,a...•� .vc», S!vv..� s»a s>4 nS,a�...��S,cv,.a,. .a,zai,. ,.c�..avc�t.�a•,.�x c>.5,. • r� ,aS.. - ,. saS.*nS,c> a..�S.�tcr
State of California
1 y
County of 1_ r.c\ft5 J ss.
On — (® —f7 (a• before me, K & r' o Ste-,.3 PJ1oL 9-
Date ^ r Name and Title of Officer (e.g., "Jane Doe, Notary Public ")
personally appeared
•personally known to me
❑ 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 /she /they executed the same in his /her /their
authorized capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
�.�.l�..A.+ hand-and official seal.
Place Notary Seal Above
Signature of Notary Mblic
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 Attache
Title or Type of Document:
Document Date: cl° ,Cm6
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s): _
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
■
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
Number of Pages: L a-g-
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑
Attorney in Fact
❑
Trustee
❑
Guardian or Conservator
❑
Other:
Signer Is Representing
RIGHTTHUMBPRINT
OF SIGNER
0
0 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 Item No. 5907 Reorder Call Toll -Free 1- 800 -876 -6827
STATE OF CALIFORNIA
ss.
COUNTY OF LOS ANGELES
On {=) U�uO 29 200p, before me, C U V i { C. L. n R ;f y" t , Notary Public,
personally appealed Jeuvvics -A - FPADnv�-sav� personally known to me or- proved
e to be the person whose name is subscribed to the
within instrument and acknowledged to me that he /she executed the same in his /her authorized
capacity, and that by his/her signature on the instrument the person, ef— the-e t4y-upe behalf-of
executed the instrument.
JENNIFER L11 PRIM
Commission # 1376897
z ;' Notary Public - California
Los Angeles County
My Comm. ExpiresSep27, 2006
1168309.3
WITNESS my hand and official seal.
gna re tary Public
EXHIBIT "A"
TO EASEMENT AGREEMENT FOR PUBLIC STREET
LEGAL DESCRIPTION OF EASEMENT AREA
1168309.3
AMUZ
1 LEGAL DESCRIPTION
2
3 Vicente Terrace Street Easement
4
5 A strip of land, 15.00 feet wide, over that portion of the Rancho San Vicente Y Santa
6 Monica, in the City of Santa Monica, County of Los Angeles, State of California, as
7 per map recorded in Book 3 Pages 30 and 31 of Patents and that portion of Lots 11
8 and 13 of Tract No. 1347, in said City, as per map recorded in Book 18 page 89 of
9 Maps, all in the office of the County Recorder of said County, the southeasterly line
10 of which is described as follows:
11
12 Beginning at a point on the southeasterly line of said Lot 13, distant thereon North 45
13 degrees 41 minutes 09 seconds East 10.00 feet from the most southerly corner of said
14 Lot 13; thence North 45 degrees 41 minutes 09 seconds East 189.81 feet along said
15 southeasterly line and its northeasterly prolongation to the westerly line of Main
16 Street, 80 feet wide,,as described in the decree in Case No. 131082, Superior Court, a
17 certified copy of said decree being recorded in Book 4818 Page 195, Official
18 Records.
19
20 The sidelines of said strip are to be extended or shortened so as to terminate
21 southwesterly in a line parallel with and 10 feet northeasterly of the southwesterly
22 line of Lot 13 and northerly in said line westerly line of Main Street, 80 feet wide.
23
24 Containing 2,909 square feet
25
26 This legal description as described is delineated on the accompanying " Legal
27 Description Sketch" and is made a part hereof for reference purposes.
28
29
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This legal description is not intended to be used in the conveyance of land in
violation of the Subdivision Map Act of the State of California.
A Prepared under the direction of
lia. 510
FY -V$
-1 �zf� °� Matthew J. Rowe, PIS 5810
G?r CALI�W;Or PSOMAS
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EXHIBIT "B"
TO EASEMENT AGREEMENT FOR PUBLIC STREET
DIAGRAM OF EASEMENT AREA
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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 of , 2006. "GRANTEE"
ATT T:
Maria Stewart
City Clerk
APPROVED AS TO FORM:
City
1168309.3