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PAGES TITLES
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EXAMINER S INT.
Assessors Identification Number (AIN)
To Be Completed By Examiner Or Title Company In Black Ink
Number of Parcels Shown
11
Revision Number
99 1536479
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL'TO: `
City of Santa Monica
1685 Main Street, Room 310
Santa Monica, California 90401
Attention: Linda Moxon
Deputy City Attorney FREE X ii
(Space Above This Line For Recorder's Use Only) l
EASEMENT AGREEMENT FOR Contract No. 7557
PUBLIC SIDEWALK OR
OTHER PEDESTRIAN PATHWAY
THIS EASEMENT AGREEMENT FOR PUBLIC SIDEWALK OR OTHER
PEDESTRIAN PATHWAY ( "Agreement ") is made on this 7th day of July, 1999
( "Effective Date "), by and between ARBORETUM GATEWAY, L.L.C., a California
limited liability company ( "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
A. Pursuant to the Development Agreement between Grantor's predecessor -
in- interest, SOPAC PROPERTIES, INC., a Delaware corporation, and Grantee, dated
December 16, 1987, and recorded on December 17, 1987, as Instrument No. 87-
1996737 of Official Records of the Los Angeles County Recorder's Office
( "Development Agreement "), as amended, a six -story office building above a three -level
subterranean parking garage ( "the Project ") is being been constructed on land owned
by Grantor and generally located on the southwest corner of the intersection of
Cloverfield Boulevard and Colorado Avenue, in the City of Santa Monica ( "Property ").
The legal description of the Property is attached hereto as Exhibit "A" and incorporated
by reference herein.
B. As a condition of issuance of a Certificate of Occupancy for the Project,
Grantor is required to grant to Grantee an easement over that portion of the Property to
be improved with a sidewalk ( "Easement Area "). The legal description of the Easement
Area is attached hereto as Exhibit "B" and incorporated by reference herein. A diagram
depicting the Easement Area is also included.
C. Grantee has ownership rights in that certain real property used as a public
street known as Cloverfield Boulevard located between Olympic Boulevard and
Colorado Avenue in Santa Monica, California.
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�a
99 1536470
D. Grantor desires to grant to Grantee, and Grantee desires to receive from
Grantor, an easement on, acros's and over the surface of the Easement Area for use as
a public sidewalk or other pedestrian pathway along Cloverfield Boulevard.
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 a public sidewalk on the surface of the Easement Area.
2. Character of Easement.
The easement granted in this Agreement shall inure to the benefit of the general
public as a public sidewalk or other pedestrian pathway. If, at some time in the future,
the City proposes to change the nature of the public use of the Easement Area to
another form of public right -of -way, such as a bike path, the parties will in good faith
discuss and attempt to resolve the practical impacts of making such a change.
3. Secondary Easements.
The easement granted in this Agreement includes the following incidental rights:
the right of Grantee, its agents and employees to construct, repair, maintain and
replace the public sidewalk located on the surface 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 of Sidewalk.
Grantee shall keep in good condition and repair the public sidewalk on the
surface of the Easement Area.
6. Indemnification.
As to any bodily injury or property damage to third parties, Grantee shall
indemnify, defend and hold harmless Grantor, its successors and assigns, from and
against any and all losses, damages, liability, claims, suits, judgments, costs, and
expenses, whatsoever, including reasonable attorneys' fees, arising from or in any
manner connected to Grantee's, its agents, its employees or the general public's use of
the Easement Area.
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r
7. Attorneys' Fees and Costs., 99 1536479
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.
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
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: 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: William W. Hammerstein
Arboretum Gateway, LLC
2220 Colorado Avenue
Santa Monica, CA 90404
And a copy to:
Kenneth L. Kutcher
Harding, Larmore, Kutcher & Kozal
1250 Sixth Street, Suite 300
Santa Monica, CA 90401
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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9. Reversion.
In the event that the portion of Cloverfield Boulevard which is contiguous to the
Easement Area is vacated by Grantee, this Easement Agreement shall automatically be
terminated and all rights granted herein shall revert to the Grantor or its successors in
interest.
10. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws
of the State of California.
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 in Santa Monica, California.
ATTEST:
Maria Stewart
City Clerk
EaseAgmt. Gateway.2004
CITY OF SANTA MONICA
By:
John Jalili
City Manager
/T0YRNi1 MAIC3iGI=0 11
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On July 13, 1999, before me, Beth Sanchez, personally appeared John Jalili,
personally known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
Seal:
WITNESS my hand and official seal:
Beth Sanchez, Notary Public
=012 _ Lei 0
BETH SANCHFZ
Commission # 1156867 z
Notary Pupiic - California
Los Angeles County
My Comm. Eo1es Sep 27, 2001
Title or Type of Document: Easement Agreement for Public Sidewalk or Other
Pedestrian Pathway
Document Date: July 7, 1999 Number of Pages: 4 +ExA &ExB
Other signors: William W. Hammerstein
Capacity Claimed by Signer
Signer's Name: John Jalili, City Manager
Signer is representing the City of Santa Monica.
STATE OF CALIFORNIA
ss.
COUNTY OF LOS ANGELES
On 'F 1�� t 1999, before me, v �v L . /`1c',), 1 , Notary
Public, persona lly "appeared WILLIAM W. HAMMERSTEIN, personally known to me or
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 he /she executed the
same in his /her authorized capacity, and that by his /her signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrument.
*_= CALVIN L. MC DANIEL
Commission #107B679 z
Public
iNotory -- California y
Los Angelos County
My Comm. Expires Nov 29, 1999
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WITNESS, my hand and official seal.
Signature of Notary Public
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1'
CONSENT OF LIENHOLDER AND SUBORDINATION OF LIEN
The undersigned beneficiary under that certain Deed of Trust dated July 20,
1998, recorded on September 17, 1998, as Instrument No. 98-1675448 of Official
Records of the Los Angeles County Recorder's Office, consents to the Easement
Agreement for Public Sidewalk dated July 7, 1999, recorded concurrently herewith, and
agrees that the lien of the Security Agreement shall be junior and subordinate and
subject to the Easement Agreement.
Dated: July 12, 1999
- - - ol—
STATE OF f
COUNTY OF n� - ss.
1W
Notary Pubfid, persorj'ally appeare
❑ personally known to me - OR -
fr ° +�'Y ern MARY ANN SEWARD
+ Notary Public
STATE OF TEXAS
'+''.,!<or +!; * °•'r My Comm. Exp. 10 -31 -2002
GUARANTY FEDERAL BANK, F.S.B.
a Federal Savings Bank
By: Z�
Name G //
Its: �Ge f%cSidenT-
roved to me `on tht( 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.
WE
ESS my hand and officiai seal.
OF
TO EASEMENT AGREEMENT FOR PUBLIC SIDEWALK
PARCEL1:
Those portions of Lots 1 and 2 of Tract No. 49694, in the City of Santa Monica, County
of Los Angeles, State of California, as shown on map recorded in Book 1175, Pages 37
to 40 inclusive of Maps, in the office of the County Recorder of said County, described
as follows:
Beginning at a point in the Northeasterly line of said Lot 1 distant South 44° 43' 50"
East thereon 179.63 feet from the Northwesterly terminus thereof; thence along a line,
which is parallel with that certain course shown as having a bearing and length of North
45° 15' 00" East 206.24 feet in the Northwesterly line of said Lot 1, South 450 15' 00"
West 206.12 feet; thence along a line, which is parallel with that certain course shown
as having a bearing and length of North 44° 45' 00" West 310.45 feet in the
Southwesterly line of said Lot 1, North 44° 45' 00" West 10.46 feet; thence along a line
which is parallel with that certain course shown as having a bearing and length of North
450 15' 00" East 280.53 feet in the Northwesterly line of said Lot 2, South 45° 15' 00"
West 188.27 feet to a line which is parallel with the Southwesterly line of said Lot 2 and
which passes through a point in the Southeasterly line of said Lot 2 distant
Northeasterly thereon 149.04 feet from the most Southerly corner of said Lot 2; thence
along said last mentioned parallel line, North 440 45' 00" West 199.94 feet to the
Northwesterly line of said Lot 2; thence North 45 degrees 15 minutes 00 seconds East
131.39 feet to the beginning of a tangent curve concave Southeasterly and having a
radius of 27.00 feet in said Northwesterly line of Lot 2; thence Northeasterly along said
curve through a central angle of 310 00' 20" an arc distance of 14.61 feet to the
beginning of a reverse curve concave Northwesterly and having a radius of 43.00 feet
in the Northwesterly lines of said Lots 2 and 1; thence Northeasterly along said reverse
curve through a central angle of 31 ° 00' 20" an arc distance of 23.27 feet to its point of
tangency with that certain course shown as having a bearing and length of North 450
15' 00" East 206.24 feet in said Northwesterly line of Lot 1; thence along said last
mentioned certain course, North 45° 15' 00" East 206.24 feet to the Westerly terminus
of the Northerly line of said Lot 1; thence along said Northerly line, South 89° 44' 25"
East 29.37 feet to said Northwesterly terminus of the Northeasterly line of said Lot 1;
thence along said Northeasterly line of Lot 1, South 44° 43' 50" East 179.63 feet to the
point of beginning.
Page 1 of 2
Said property is shown as Parcel D on Certificate of Compliance Lot Line Adjustment
No. 97LOT003, Lots 1 and 2 Tract 49694, City of Santa Monica, recorded June 19,
1997 as Instrument No. 97- 916044, Official Records.
EXCEPT from a portion of said land all oil, gas and minerals rights below a depth of
500 feet but without right of entry, as excepted in the deed from Parker Manufacturing
Company recorded February 11, 1986 as Instrument No. 86- 182160, Official Records.
Page 2 of 2
filll
EXHIBIT "B" 1 99 153647!
TO EASEMENT AGREEMENT FOR PUBLIC SIDEWALK
EASEMENT AREA
The northeasterly 11.00 feet of Parcel D of Certificate of Compliance Lot Line
Adjustment No. 97LOT003, in the City of Santa Monica, County of Los Angeles, State
of California, per document recorded June 19, 1997 as Instrument No. 97- 916044 of
Official Records of the County Recorder of said County.
Page 1 of 2
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Page 2 of 2
536479
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 this'`" day of f i 1',r'i '1999.
'I, 'Aq-41'f.4' 414W. -
SHA JONE ✓IOUTRIE
City Attorney
CITY OF SANTA MONICA, a
municipal corporation
B c
014N JALILI
City Manager
15