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P-499 (2)E149P r; This page is part of your document - DO NOT DISCARD tos�ti� 20120123320 Y FAN+ + (III(t III II(III IIIlltll ItIIIII(II(III II P0012 Recorded /Filed in Official Records f Recorder's Office, Los Angeles County, k f California x C(lIFO0.N�� 01/24/12 AT 08:OOAM FEES: 0.00 TAXES: 0.00 OTHER: 0.00 PAID: 0.00 LEADSHEET 00005276913 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 003759678 SEQ: 02 DAR - Title Company (Hard Copy) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 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) w J Q U 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. NN r4, N �O/ Q�• � / ojC C ��.. Oz POR. �P` LOT 11* G� 0�O POR. LOT t2* 4' WIDE EASEN PER EXHIBIT POR. LOT 13* 4.00' p9• \ \ POR._ LOT 9* POR. \ LOT 10* \ 4.00' i iQ� SGF' Q O 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.