P-498 (2)RECORDING REQUESTED BY
AND MAIL TO:
City of Santa Monica
1685 Main Street, Room 212
Santa Monica, CA 90401
Attn: City Manager
Santa Monica - Malibu Unified School District
1651 Sixteenth Street
Santa Monica, CA 90404
Attn: Superintendent
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LOS ANGELES COl1NTY REGISTRAR • RECORDER
This conveyance is to a public entity, R& T 11922. SPACE ABOVE LINE FOR RECORDING USE
Recording fees exempt, G C 27383. APN: 4274- 005 -900
EASEMENT AGREEMENT
(Dedication for Public Street Purposes)
THIS EASEMENT AGREEMENT ( "Agreement ") is made on this 2nd day of March,
2012 ( "Effective Date "), by and between the SANTA MONICA - MALIBU UNIFIED SCHOOL
DISTRICT, a California public school district ( "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 is the owner of a certain tract of real property as more
particularly set forth in the following legal description:
Portions of Lots 2 and 3 in Block 27 of the Erkenbrecher Syndicate Santa
Monica Tract, in the City of Santa Monica, County of Los Angeles, State
of California, as per Map recorded in Book 6, Pages 26 and 27 of Maps, in
the Office of the County Recorder of Los Angeles.
Said real property shall be referred to in this Agreement as the "Property';
WHEREAS, the Grantee seeks the Grantor's dedication of certain portions of the
Property as more specifically identified in the Legal Description attached as Exhibit "A" in the
form of a perpetual easement to the Grantee in exchange for the Grantee's operation,
maintenance, and repair of said Easement as a public sidewalk.
WHEREAS, the Grantor desires to realign the sidewalk in order to create a passenger
drop -off and pick -up zone for students at Edison Language Academy and a crosswalk ramp, and
desires to enter into this Agreement and dedicate this Easement for the realignment of the public
sidewalk adjacent to school property;
WHEREAS, pursuant to Education Code section 17556 et seq., Grantor may dedicate an
Easement in its Edison Language Academy campus to the Grantee for public street purposes,
which include sidewalks upon such terms and conditions as the parties thereto may agree without
complying with any other provisions of the Education Code;
WHEREAS, the District does not need the Easement area for classroom buildings, but
does need to utilize an area adjacent to the Easement for drop -off and pick -up space and
crosswalk ramp to serve the Edison Language Academy's students;
WHEREAS, pursuant to Education Code section 17557, on March 1, 2012, by
unanimous vote, the District's Board adopted Resolution No. 11 -13 entitled, Resolution to
Dedicate an Easement for Public Street Purposes to the City of Santa Monica, Edison Language
Academy Project- Measure BB; and
WHEREAS, Grantor seeks to convey the Easement to the Grantee, and Grantee agrees to
accept the 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, Grantor and
Grantee hereby agree as follows:
1. Dedication of Easement.
A. Grantor hereby dedicates to Grantee, and Grantee accepts, a non - exclusive
easement on, and across, and over the Easement area for public street purposes, which includes a
public sidewalk. The Easement granted in this Agreement shall inure to the benefit of the
general public as a public sidewalk. 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 operation,
maintenance, repair, and reconstruction of the sidewalk within the Easement area. This
Easement shall not be expanded in any way, and expressly excludes any power lines over 49 kV
and pipelines that could create an unreasonable risk to the Property's occupants.
2. Term of Easement.
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.
2
3. Construction of Initial Easement Improvements.
At its sole cost and expense, Grantor shall design and construct the sidewalk
improvements ( "Improvements ") in accordance with plans and specifications approved by the
City. .
4. Future Easement Operations and Maintenance.
Grantee shall, at its sole cost and expense, keep in good condition and the repair
Improvements on the surface of the Easement. Any maintenance, repair, or reconstruction that
requires work upon the surface of the Easement shall be performed only after not less than
fourteen (14) calendar days' notice to Grantor, except in case of emergency, and any such work
shall be done so as to cause as little interference with the Edison Language Academy's operation
as is practicable. Without limitation to the foregoing, Grantee shall not perform such work
during drop -off and pick -up hours that Edison Language Academy is in session, and the surface
of the Easement shall be restored in an expeditious manner so that there is minimum disruption
of traffic flow and parking availability. Upon completion of work, the surface of the land shall
be restored by Grantee so that there is no damage to or reduction in the utilization of the surface
of the land.
5. Reverter.
This Easement shall automatically revert to Grantor should Grantee cease to use the
Easement. All facilities installed or made part of the Easement at the time of termination or
reversion shall remain in, on, or under the Easement and become Grantor's sole property.
6. Indemnification.
To the maximum extent possible under law, Grantee agrees to defend, protect, indemnify,
release, and forever hold harmless the Grantor and its agents, employees, officers, trustees,
directors, and all those acting on behalf of the Grantor from and against any and all assessments,
claims, counts, costs, damages, demands, expenses, fines, judgments, liabilities (legal,
administrative, or otherwise), losses, notices, penalties, suits (legal or in equity), violations,
and/or attorneys' and consultants' fees arising out of, or in connection with, Grantee's (including
but not limited to its agents, contractors, consultants, employees, and all others acting on behalf
of Grantee) entry upon, use, maintenance, repair, and /or reconstruction, of the Easement. ;
however, this indemnification shall not apply to the Grantor's use of the Easement or areas
surrounding the Easement for drop -off or pick -up purposes The indemnification obligations set
forth herein shall survive the expiration or termination of this Easement.
7. 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
3
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
Attn: Marsha Jones Moutrie
1685 Main Street, Room 310
Santa Monica, CA 90401
If to Grantor: Santa Monica- Malibu Unified School District
Superintendent
1651 16th Street
Santa Monica, California 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.
8. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
9. Bindin 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 hereto as of
the date herein first above written in Santa Monica, California.
APPROVED AS TO FORM:
By: NA 0 4� 4N �
M HA
NE M TRIE
City Atto
ATTEST:
By -_ _ -
MARIA M. STEW RT
City Clerk
CITY OF SANTA MONICA
a municipal corporation
By:
ROD GOULD
City Manager
SANTA MONICA - MALIBU UNIFIED
SCHOOL DISTRICT
a Califo ' blic schoo i trict
By:
S RA LYON
Superintendent
ACKNOWLEDGMENT
STATE OF
SS
COUNTY OFS)
On I'//��� p-,o, a 3.0301 before me,
A Notary Public in and for said County and State, personally appeared
JC.lsv.-r.�� -cam p� ,personally known
to me (or proved to me on the basis of s sfactory 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.
I certify under PENALTY OF PERJURY under the laws of the State of that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
6
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. z T 2012.
-
APPROVED AS TO FORM:
By: mka- 1 / v Le
M S NES MOUTRIE
Cit Attor y
ATTEST:
By: �
MARIA M. STEWA T
City Clerk
G7
CITY OF SANTA MONICA
a municipal corporation
By:
ROD GOULD
City Manager
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
State of California
Countyof Lvs
On 5- OL — f, 3 before me, Mcc.Yi d PA S l Ip R�1° u 4
Date Here Insert Name and Title of the Otticer
personally appeared
MARIA M. STEWART
COMM. 01847239 3
g NOTARY PUBLIC 0 CALIFORNIA
LOS ANGELES COUNTY
Comm. Ex .MAY 1, 2013
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 /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.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WFFNIE y hand and ficial seal.
Signature:
Place Notary Seal Above T Signature of Notary ublic
O P I ® /Y p� q I H1
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: 8-0. 5 M- M u s 7
Document Date: ..I -a a o t y Number of Pages: QI
Signer(s) Other Than Named Above: tk., Lcr r. L
Capaclty(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
s
❑ Partner-0 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
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02010 National Notary Association • NationaiNotary.org • 1- 800 -1_18 NOTARY (1 -1300 -876 -6827) Item #5907
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Portions of Lots 2 and 3 in Block 27 of the Erkenbrecher Syndicate Santa Monica Tract,
in the City of Santa Monica, County of Los Angeles, State of California, as per Map
recorded in Book 6, Pages 26 and 27 of Maps, Records of said County, described as
follows:
Parcel 1
Beginning at a point on the southeasterly line of Virginia Avenue (formerly Irwin
Avenue), 50.00 feet wide, distant thereon southwesterly, South 46 °04'23" West 172.32
feet from the most northerly corner of said Lot 2, said Point of Beginning also being the
beginning of a non - tangent curve, concave southeasterly, having a radius of 5.00 feet and
being tangent at its southwesterly terminus to said southeasterly line; thence northeasterly
along said curve 3.74 feet through a central angle of 42 °50'00" to the beginning of a
reverse curve, concave northerly, having a radius of 25.00 feet and being tangent at its
northeasterly terminus to a line that is parallel with and 8.00 feet southeasterly of said
southeasterly line; thence northeasterly along said curve 18.69 feet through a central
angle of 42 °50'00" to said parallel line; thence northeasterly along said parallel line,
North 46 °04'23" East 270.65 feet to the beginning of a curve, concave northwesterly and
having a radius of 25.00 feet; thence northeasterly along said curve 18.22 feet through a
central angle of 41'45'08" to the beginning of a reverse curve, concave southeasterly,
having a radius of 6.50 feet and being tangent at its northeasterly terminus to said
southeasterly line; thence northeasterly along said curve 4.74 feet through a central angle
of 41'45'08" to said southeasterly line; thence southwesterly along said southeasterly
line, South 46 °04'23" West 312.02 feet to the Point of Beginning.
Containing 2,369 square feet, more or less.
Sheet 1 of 2
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P S O M A S REFERENCE DRAWING NO. 4746
1 Parcel
2 Beginning at a point on said southeasterly line of Virginia Avenue, distant thereon North
3 46 °04'23" East 148.56 feet from said most northerly corner of Lot 2; thence North
4 61 °11'05" East 7.67 feet to a line that is parallel with and 2.00 feet southeasterly of said
5 southeasterly line; thence northeasterly along said parallel line, North 46 °04'23" East
6 4.00 feet; thence North 31 °02'58" East 7.72 feet to said southeasterly line; thence
7 southwesterly along said southeasterly line, South 46 °04'23" West 18.86 feet to the Point
8 of Beginning.
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10 Containing 23 square feet, more or less.
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12 This Legal Description is described on the accompanying " Map Showing Virginia
13 Avenue Street Dedication ", is made a part hereof for reference purposes, was prepared as
14 a convenience and is not intended for the use in the division and /or conveyance of land in
15 violation of the Subdivision Map Act of the State of California.
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17 �
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19 Qo �o 1q Fo John Chiappe r, PLS 7230
20 * No. 7230
" PSOMAS
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22 OF CA1 �F�P Date:
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Sheet 2 of 2
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January 27, 2012
JDCttpm
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GRAPHIC SCALE BASIS OF BEARINGS: EXHIBIT "B"
SCALE: 1" = 30' THE BEARING N46'04'23 "E OF THE SE'LY LINE
OF VIRGINIA AVENUE (FORMERLY IRWIN
AVENUE) SHOWN AS N4515'00 "E ON
DATE : �3�20 2 - ERKENBRECHER SYNDICATE SANTA MONICA 555 South Flower Street, Suite 4400
as JOB No : 1 SAN080103 TASK O4 TRACT, M.B. 6- 26/27, WAS TAKEN AS THE Los Angeles, CA 90071
BASIS OF BEARINGS SHOWN ON THIS MAP. (213223 -1400 (213)223 -1444 (FAX)
MAP SHOWING VIRGINIA AVENUE
C i t y of Santa Monica STREET DEDICATION
SUBNI ;BY REFERENCE 2425 K
j� VN '`� EO SONN I- ANGUAGEACADEMY� DRAWING N0.
Civil Engineering &Architecture yEO LV: /7 DA E:v f/•2012 DESIGNED BY DRAWN BY
113] 4TH STREET, 8727E 3W, SANTA (310 MONICA. CA.B 2
�Qy— V`I ,PM ,PM 4746
x TEL (310) 458 -8721 FAX ( 383 -4428 CHECKED BY
em"n9lnaeNng"amgov.nat LEE SWAIN, P.E., CIIY ENGINEER