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P0012
Recorded /Filed in Official Records
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LEADSHEET
00005276913
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003759678
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02
DAR - Title Company (Hard Copy)
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THIS FORM IS NOT TO BE DUPLICATED t94
1" Is
d
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 310
Santa Monica, CA 90401
iodai�u�eu�
SPACE ABOVE LINE FOR RECORDING USE
EASEMENT AGREEMENT FOR ALLEY
THIS EASEMENT AGREEMENT FOR ALLEY ( "Agreement ") is made on this /� 14
day of fuu,Q� 2011 ( "Effective Date "), by and between Community Corporation of
Santa Monic a California nonprofit corporation ( "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" or "City').
RECITALS
A. Grantor is the owner of real property known as 430 Pico Boulevard in the
City of Santa Monica, County of Los Angeles, State of California ( "Grantor's Property ")
more particularly described in the Legal Description of Property attached hereto as
Exhibit A and incorporated herein by reference.
B. Grantee issued Administrative Approval AA09 -006 ( "AA Approval ") to
allow the construction of a three story building with 32 units of affordable housing on
Grantor's Property (the "Project "). The AA Approval references a City Engineer
requirement for dedication to Grantee of a four (4) foot wide strip along the
southeasterly property line of the Property for alley purposes ( "Easement Area "). The
Easement Area shall be used to widen Pico Court, the existing alley, due to additional
vehicular traffic and fire access for the Project. The legal description of the Easement
Area is attached hereto as Exhibit B and incorporated by reference. A diagram showing
the location of the Easement Area is attached hereto as Exhibit C and incorporated by
reference.
C. Grantor desires to grant to Grantee, and Grantee desires to receive from
Grantor, easement rights across and over the surface only of the Easement Area and
use of the Easement Area for alley purposes.
-1- �.
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.
Subject to the following terms and conditions, Grantor hereby grants to Grantee
an easement for an alley across and over the surface only of the Easement Area.
2. Character of Easement.
The easement granted by this Agreement shall inure to the benefit of the general
public as an alley for normal and reasonable vehicular and pedestrian access and use,
only and for no other use or purpose.
3. Secondary Easement Rights.
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 the alley consisting of the Easement Area and to take all
reasonable and usual actions necessary in connection therewith.
4. Term of Easement.
The easement granted in this agreement shall commence on the Effective Date
hereof and continue in perpetuity.
5. Future Maintenance and Repairs.
Grantee shall keep in the Easement Area in good condition and repair
6. Indemnification.
Grantee shall indemnify, defend and hold harmless Grantor and its successors
and assigns, from and against any loss, damage, liability, claim, cost or expenses
(including, without limitation, reasonable attorneys' fees), arising from or connected to
the use of the Easement Area, by Grantee, its agents, contractors, employees or
members of the general public.
7. 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 recover its
reasonable attorneys' fees and costs.
8. 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
-2-
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: Community Corporation of Santa Monica
1423 Second Street
Santa Monica, CA 90401
Attention: Executive Director
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.
Reversion.
In the event that the alley consisting of the Easement Area is vacated by
Grantee, this Agreement shall automatically be terminated and all rights granted herein
shall revert to the Grantor or its success in interest.
10. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws
of the State of California.
-3-
11. 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.
GRANTOR:
COMMUNITY CORPORATION OF SANTA
MONICA /
i
ARAH LETTS
Executive Director
GRANTEE:
CITY OF SANTA MONICA
ATT a municipal corporation
MARIA STEWAR ROD GOULD
City Clerk City Manager
APPROVED AS TO FORM:
MARSHA JON S OUTRIE
City Attorney
me
FMFM
INIFA
ACKNOWLEDGMENT
State of California
County of Los Angeles ,
On �'vv� 1'?I' > before me, Naomi Waka, Notary Public
T
personally appeared who proved to me on the basis
of satisfactory evidence to be the person whose name is subscribed to the within
instrument and acknowledged to me that she executed the same in her
authorized capacity, and that by her signature on the instrument the person, or
the entity upon behalf of which the person 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.
NAOMI WAKA
COMM #1772463 ,m
w '� wotwkvar�•cu�oaraA n
WITNESS my hand and official seal. `; LosAng,eW county,
I
Signature' \1 \1 n \__sue l -- (seal)
CIVIL CODE § 9189
State of California
County of LOS xr e,\,0
r�
On �) If I / k Z. before me, y V� , d� i °Il Ytt
Date / Here Insert Name and Title of the Officer
�� r
personally appeared t- v(A, t c 1C
Nome(a) of Signer(s)
LAURA BROWN
Commission 1111942060
a -m Notary Public - California i
z Los Angeles County
My Comm. Expires Jun 24, 2015
Place Notary Seat Above
who proved to me on the basis of satisfactory.
evidence to be the person(,q whose name is /a#
subscribed to the within instrument and acknowledged
to me that he /Sho /thVy executed the same in
hisVr /th,O authorized capacity0e§), and that by
his /her /their signaturem on the instrument the
person, or the entity upon behalf of which the
person ) 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: ti v w
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:
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
'RIGHTTHUMBPRINT'
OF SIGNER '
Top of thumb here
Number of Pages:
Signer's Name:
❑ Corporate Officer —
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
2010 National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1- 800 -876 -6827) Item #5907
CIVIL CODE § 1989
State of California
County of Ls .r` ii\ae -)
On C' t t l before me, 6 Li4 G ' w P t ?rt b v! +r.61 1
Dale Here Inse Name and Title of the QQi r
personally appeared
& ,,,�l
LAURA OR WIN
Commission # 1942060
^� Notary Public - California
z Los Angeles County
My Comm. Ea Tres Jun 24, 2015
who proved to me on the basis of satisfactory
evidence to be the person(,af whose names( is/ax
subscribed to the within instrument and acknowledged
to me that he /sh9/tW executed the same in
his /Wti -* authorized capacity(W, and that by
his /he iheff signature(s'J° on the instrument the
personX or the entity upon behalf of which the
person(' 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 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:
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:
RIGHTTHUMBPRINT
OFSIGNER
Top of thumb here
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT!
OF SIGNER
2010 National Notary Association • Nationa Nolary.org • 1- 800 -US NOTARY (1- 800 -8]6 -682]) Item #5907
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
IN THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, LOTS 9, 10,
11, 12, AND 13, IN BLOCK "A ", OF THE WAVE CREST TRACT, AS PER MAP RECORDED IN BOOK
18, PAGE 49 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, EXCEPT THE NORTHWESTERLY 20 FEET THEREOF, CONVEYED TO THE CITY OF SANTA
MONICA, FOR WIDENING OF PICO BOULEVARD, RECORDED IN BOOK 4474, PAGE 103, AND
BOOK 4474, PAGE 104, AND IN BOOK 4454, PAGE 143, ALL OF DEEDS, IN THE OFFICIAL
RECORDS OF SAID COUNTY.
END OF DESCRIPTION.
DESCRIPTION PREPARED BY: *
EUGE E C. DUNCAN, LS 7745
(EXPIRES 12/31/2011)
/0
EXHIBIT "B"
LEGAL DESCRIPTION OF A 4 FOOT WIDE EASEMENT FOR
ALLEY PURPOSES TO THE CITY OF SANTA MONICA.
THAT PORTION OF LOTS 9, 10, 11, 12, AND 13, IN BLOCK "A ", OF THE WAVE CREST TRACT, AS
PER MAP RECORDED IN BOOK 18, PAGE 49 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF
THE COUNTY RECORDER, COUNTY OF LOS ANGELES, MORE PARTICULARY DESCRIBED AS
FOLLOWS:
THE SOUTHEASTERLY 4 FEET OF SAID LOTS.
AREA OF SAID EASEMENT = 799.51 SQUARE FEET OR 0.018 ACRES, MORE OR LESS.
END OF DESCRIPTION.
_ O
J WEXP.�/ ZS7
DESCRIPTION PREPARED BY:
* N0.7745
s OF
EUGEWE C. DUNCAN, LS 7745
(EXPIRES 12/31/2011)
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EXHIBIT $ G"
FOUR (4) FOOT WIDE EASEMENT FOR ALLEY
PURPOSES TO THE CITY OF SANTA MONICA.
EASEMENT AREA = 799.51 SQ. FT. OR 0.018 ACRES, MORE OR LESS.
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LOT t2*
4' WIDE EASEN
PER EXHIBIT
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LOT 13*
4.00'
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LOT 9*
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LOT 10*
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LEGAL DESCRIPTION:
IN THE CITY OF SANTA MONICA, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA, LOTS
9 THROUGH 13, IN BLOCK "A ", OF THE WAVE
CREST TRACT, AS PER MAP FILED IN BOOK 18,
PAGE 49, OF MISCELLANEOUS RECORDS, IN THE
OFFICE OF THE RECORDER FOR SAID COUNTY,
EXCEPT THE NORTHWESTERLY 20 FEET THEREOF,
CONVEYED TO THE CITY OF SANTA MONICA FOR
WIDENING PICO BOULEVARD, RECORDED IN BOOK
4474, PAGE 103, AND BOOK 4474, PAGE 104,
40 AND BOOK 4-454, PAGE 143, ALL OF DEEDS, IN
9 THE OFFICIAL RECORD OF SAID COUNTY.
\A
9�r
i
J I EXPIRES: 12/31/2011
NO. 7745 *
\\ OF CAL1F0�19
LEGAL DESCRIPTION OF EASEMENT:
�
° 10-• THAT PORTION OF LOTS 9, 10, 11, 12, AND 13,
IN BLOCK "A ", OF THE WAVE CREST TRACT, AS PER
MAP RECORDED IN BOOK M PAGE 49, OF MISCELLANEOUS
XX RECORDS, IN THE OFFICE OF THE COUNTY RECORDER,
COUNTY OF LOS ANGELES, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
THE SOUTHEASTERLY 4 FEET OF SAID LOTS.
LEGEND:
s� = HATCHED AREA INDICATES POSITION OF 4 FOOT EASEMENT.
City of Santa Monica
Engineering Division
1437 4TH STREET, SURE 300, SANTA MONICA. CA. 90401
dZ Q�G oQ\�P�.Cr - TEL(310) 45B -8721 FAX(31O) 383 -4425
VICINITY MAP:
MAP SHOWING EASEMENT ON PICO PLACE BETWEEN 4TH COURT AND
5TH COURT TO BE GRANTED TO THE CITY OF SANTA MONICA.
2011
CHEO ED BY-. J.T.K.
No I DRAWING NO: -
ICA
4739
E.C.D. SHEET 1 OF 1
CERTIFICATE OF ACCEPTANCE
The City of Santa Monica, a municipal corporation, hereinafter called Grantee,
does hereby accept the above and foregoing Easement Agreement 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 % 2011.
ATTEST:
�v
MARIA STEWAR
City Clerk
APPROVED AS TO FORM:
MAR A JONE VIOUTRIE
City Attorney
GRANTEE:
CITY OF SANTA MONICA
a municipal corporation
ROD GOULD
City Manager
L.