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P-404 . \ ......WHEN RECQRDED: : ; RB.tJ.'ur~ ''TO CITY CLER:f- 88 1244987 DEED 404(CCS) i I ~685 Main St. 1 I SantaMonica~ CA 90401 , ~~ RESOLUTION NO. 7642(CCS) , CITY COUNCIL SERIES A RESOLUTION OF THE CITY COUNCIL OF THE CITY fFREE I t OF SANTA MONICA AUTHORIZING ACCEPTANCE AND RECORDATION OF EASEMENTS FOR STREET AND UTILITY Ii) PURPOSES ON PORTIONS OF FIRST COURT BETWEEN . BROADWAY AND COLORADO AVENUE AND THE ADJACENT PROPERTY .. THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. In conjunction with development of real property located in the City of Santa Monica ("City") and recently vacated properties more accurately described below, the City requires the property owners to grant easements in favor of the City to accommodate public street and utility improvements and to assure access to the public utility improvements and to prevent any hazards related to the development. SECTION 2. In consideration of City vacation of a por- tion of First Court located between Broadway and Colorado Avenue, CWD-Taiyo-Broadway-Ocean Associates, a California general partnership, as property owner, has executed a grant of two (2) easements attached as Exhibit "1". Said easements are granted to the City for street and utility purposes over portions of First Court and an adjacent lot, as is fully described in Drawing No. 4416 on file in the Office of the City Engineer, and in Resolu- tion Number 7585 (CCS) . RECORDED IN OFFIC1Al RECORDS RECORDER'S OffICE LOS ANGELES COUNlY CALIFORNIA . 4 MIN.S A.M. AUG 8 1988 PAST. .. . ' 2;" . . -",.,.. SECTION 3. Also in consideration for the vacation of a ., portion of First Court, the City requests an additional grant of easement, attached as Exhibit "2", executed by Thomas and Sal- ly Landau to the City for turning movements in the alley. Addi- tional reference is made to Drawing No. 4416 and Resolution Num- ber 7585 ( CCS) . SECTION 4. The grant of such easements by the owners .., of the subject properties is hereby approved and the City Manager is authorized to accept such easements and record the grant deeds with the Los Angeles County Recorder's office. SECTION 5. The City Clerk shall certify to the adop- - tion of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~~ ~~ . ~ ROBERT MYERS City Attorney . 88-1244987 ----------------- \ t' , , . b - 3 ... . Adopted and approved this 28th day of June, 1988. .,. I hereby certify Resolution No. 7642(CCS) was duly adopted by the City Council of the City of Santa Monica at a meeting thereof held on June 28, 1988 by the following Council vote: ~ Ayes: Councilmembers: Finkel, Jennings, A. Katz, H. Katz, Reed, Zane, Mayor Conn Noes: Councilmembers: None - Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: o~r itY,CJ..erk, " --, \ " \ ," '1'1 '- 88-1244987 ,. .- Co., " C . Exhibit "1" .,. - + .. Record~ng requested by: . CITY OF SANTA MONICA When recorded mail to: CITY OF SANTA MONICA 1685 Main Street Santa Mon~ca, California 90401 Att: Department of ~-~-ces- City Clerk Space above this line for recorder's use ~ Documentary Transfer Tax $ GRANT OF EASEMENT AND AGREEMENT ~ This Agreement made this Ljt-A day of May, 1988, by and between CWD-TAIYO BROADWAY-OCEAN ASSOCIATES, a California general partnersh~p (hereinafter "Grantor") and the CITY OF SANTA MONICA, CALIFORNIA, .a municipal corporation (hereinafter "Gran- tee" ) , is made with reference to the following: WHEREAS, Grantor is the fee owner of certain real property (hereinafter "Servient Tenement") located in the City of Santa Monica, California, and more particularly described as follows: Lot C in Block 198 of the Town of Santa Monica, in the Ci ty of Santa Monica, County of Los Angeles, State of California, as per map recorded in Book 3 Pages 80 and 81, and in Book 39 Page 45, et seq., of Miscellaneous Records, in the Office of the County Recorder of said County. WHEREAS, the Servient Tenement is subject to a dedicated public _ri-9ht-of-way~verua. portion of the Servient Tenement which is commonly known as First Court: and 1 88-1244987 I I I'. ", C. (.- ,/ . . -~. ~ ... - . WHEREAS, on April 26, 1988, pursuant to Resolution No. . 7608(CCS), Grantee has vacated a portion of First Court as described in said Resolution which has resulted in the that portion of First Court reverting to Grantor who owns the adjoining real property; and WHEREAS, Grantee has vacated that portion of First Court subject to adequate assurance that an alternative right of way ... for a public. alley and public utilities will be . granted to Grantee by Grantor; and WHEREAS, Grantor desires to grant an easement to Grantee for a right-of-way for a public alley and for all public utilities; NOW THEREFORE, it is agreed as follows: ~ 1. Grant of Easements. Grantor hereby grants to Grantee easements as hereinafter described. 2. Nature of Easements. The easements granted herein are easements in gross. 3. Uses of Easements. (a) The easement granted herein over that portion of the Servient Tenement described in Exhibit "A" attached hereto and incorporated herein by this reference, is a right-of-way for a public alley and for all public utilities to be used an maintained in a manner in which Grantee uses and maintains other public alleys. (b) The easement granted herein over that portion of the Servient Tenement described in Exhibit I'B" attached hereto and incorporated herein by this reference, is a right-of-way for -------------------------.,.-'.---'.-..---.---- a public alley for vehicular purposes but not for public 2 88~1244987 ------ -------- -- , , ( ( .' . (p . ... ., utilities, to be used an maintained in a manner in which Grantee . uses and maintains other public alleys. 4. Reservation of Rights. Grantor reserves the right to use and occupy the subsurface which lies below that portion of the easement described in Exhibit "B" attached hereto for a subterranean parking garage provided that such use shall not interfere with the use of the right-of-way for vehicular travel. .. No public utilities shall be placed within the subsurface of the right-of-way described in Exhibit "B" hereto. 5. Reversion. In the event that Grantee should at any time abandon the use of the right-of-way, then all rights of use to the underlying property shall revert to the Grantor, its successors and assigns. 6. Entire Agreement. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representa- tions or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. 7. Attorneyls Fees. In the event of any controversy, claim or dispute relating to this instrument or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonabIe expenses, attorney's fees, and costs. 8. Binding Effect. This instrument shall bind and inure to the benefit of. the respective heirs, personal representatives, -- -,_.._-~--- ___________M~_______ and successors of the parties hereto. 3 88-1244987 - - ----- . . (, .:" C 1 "" - .. . IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. "GRANTOR" CWD-TAIYO BROADWAY-OCEAN ASSOCIATES, a California general partnership By: CWP-l987, a nia general '" partnership By C.C. Mow, "GRANTEE" - CITY OF SANTA MONICA, a municipal corporation By U~. John\jJalili ' City Manager APPROVED AS'TO FORM: By nv1~~.~ Robert M. Myers . City Attorney 4 88-1244987 ....-.----.---.-....--- . " c- c . g . .. - .. STATE OF CALIFORNIA ) . ) SSe COUNTY OF LOS ANGELES ) On this ~ day of ~ , 1988, before me, a Notary Public, ersonally appeared .C. Mow, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as the general partner of CWP-1987 Associates, the general partnership that executed the within instrument on behalf of CWD-TAIYO BROADWAY- OCEAN ASSOCIATES, the partnership that executed the within ~ instrument, and acknowledged to me that such partnership executed the same as such partner and that such partnership executed the same. Witness my hand and official seal. ~M-~ 0FFlClAI. SEAl. ALEXANDRA USIK NOTAA'( p,",cue. CAliFORNIA PRINCIPAl OFFICE IN ~ot Public in and for said LOS ANGELES COUNTY Cou ty and State My Commission Exp. Jun. 21. 1989 STATE OF CALIFORNIA ) ) SSe COUNTY OF LOS ANGELES ) On \"1- , before me, the undersigned, a Notary Public nd r said State, personally appeared John Jalili, personall known to me (or proved to me on the basis of satisfactory evidence) to be the City Manager of the City of Santa Monica, and acknowledged to me that such City of Santa Monica executed the same. WITNESS my hand and official seal OFFICIAL SEAL GRANT T, BURTON Notary public-Callfornla LOS ANGELES COUNlY My Comm. Exp. Dec. SO. 1991 5 88-1244987 .. .-. ...--------.-.... , " '. (. . C 9 . '. .. J EXHIBIT "A" . The southeasterly 20 feet of Lot C in Block 198 of the Town of Santa Monica, in the City of Santa Monica, County of Los Angeles, State of California, as per map recorded in Book 3, Pages 80 and 81 of Miscellaneous Records and in Book 39, Page 45 et seq. of Miscellaneous Records, in the office of the County .. Recorder of said County. - " ----.--- ---.----.--- 6 88-1244987 --------- -- " ", (. 0i " , ,0 '" - . EXHIBIT "B" . That portion of Lot C in Block 198 of the Town of Santa Monica, in the City of Santa Monica, County of Los Angeles, State of California, as per map recorded in Book 3, Pages 80 and 81 of Miscellaneous Records and in Book 39, Page 45 et seq. of Miscellaneous, in the office of the County Recorder of said County, described as follows: .,. Commencing at the intersection of the northeasterly line of said Lot with a line parallel with and distant 20 feet northwesterly, measured at right angles, from the southeasterly line of said Lot; thence southwesterly along said parallel line 85.28 feet to the true point of beginning, being the beginning of a curve tangent to said parallel line, concave northwesterly and having a radius of 20 feet; thence westerly along said curve, through a central angle of 48 degrees 11' 23" , an arc distance of 16.82 feet to the beginning of a tangent curve concave southeasterly and having a radius of 40 feet; thence southwesterly and southerly along said last mentioned curve, through a central angle of 96 degrees 46' 48" , an arc distance of 67.56 feet to a line parallel with and distant 10 feet southwesterly, measured at right angles, from the southwesterly line of said "Lot; thence southeasterly along said last mentioned parallel line, . 6.46 feet to the southwesterly prolongation of said line that is parallel with and distant 20 feet northwesterly from the southeasterly line of said Lot; thence northeasterly 7 88-1244987 . .. " .( ( c~. II .. · along said prolongation and said parallel line to the true point . of beginning. . ... 8 88-1244987 --.---.------..-- .------.------------ . .' , C,: , C< IY -;. --~ Exhibit 11211 .. . Recording requested by: . CITY OF SANTA MONICA When recorded mail to: CITY OF SANTA MONICA 1685 Main Street Santa Monica, California 90401 Att: Department of 6eRe%e~-6e~~~ees City Clerk Space above this line for recorder's use ") Documentary Transfer Tax $ GRANT OF EASEMENT AND AGREEMENT This Agreement made this '-Iff. day of May, 1988, by and between THOMAS H. LANDAU and SALLY LANDAU (hereinafter IIGrantorll) and the CITY OF SANTA MONICA, CALIFORNIA, a municipal corporation (hereinafter IIGranteell), is made with reference to the fOllowin.9: WHEREAS, Grantor is the fee owner of certain real property (hereinafter II Servient Tenement") located in the City of Santa Monica, California, and more particularly described as follows: Lot D in Block 198 of the Town of Santa Monica, in the Ci ty of Santa Monica, County of Los Angeles, State of California, as per map recorded in Book 3 Pages 80 and 81, and in Book 39 Page 45, et seq. , of Miscellaneous Records, in the Office of the County Recorder of said County. WHEREAS, the Servient Tenement is subject to a dedicated public right-of-way over a portion of the Servient Tenement which is commonly known as First Court; and 1 88-1244987 -; ; . (, (, 13 " . ... . WHEREAS, on April 26, 1988, pursuant to Resolution No. . 2608(CCS), Grantee has vacated a portion of First Court; and WHEREAS, Grantee has vacated that portion of First Court subject to adequate assurance that an alternative right of way for a public alley and public utilities will be granted to Grantee; and -. WHEREAS, Grantor desires to grant an easement to Grantee for a right-of-way for a public alley. NOW THEREFORE, it is agreed as follows: 1. Grant of Easement. Grantor hereby grants to Grantee easement as hereinafter described. 2. Nature of Easement. The easement granted herein is an easement in gross. 3. Uses of Easement. The easement granted herein is a right-of-way for a public alley for vehicular purposes but not for public utilities, to be used an maintained in a manner in which Grantee uses and maintains other public alleys. 4. Location of Easement. The easement granted herein is located as more specifically described in the attached Exhibit "A" . 5. Reservation of Rights. Grantor reserves the right to use and occupy the subsurface which lies below the easement granted herein for a subterranean parking garage provided that such use shall not interfere with the use of the public right-of- way for vehicular travel. -- -.--"-------- --------..- 2 88-1244987 " (-,. (7 I~ .. . , 6. Reversion. In the event that Grantee should at any time . abandon the use of the right-of-way, then all rights of use to the underlying property shall revert to the Grantor, its successors and assigns. 7. Entire Agreement. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representa- -. tions or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. 8. Attorney's Fees. In the event of any controversy, claim or dispute relating to this instrument or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees, and costs. 9. Binding Effect. This instrument shall bind and inure to the benefit of the respective heirs, personal representatives, and successors of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. ----_._-_..._..~--~.__._-_._~--_._"--_..- 3 88--1244987 ,." . C., G, - l~ .. t "GRANTEE" . CITY OF SANTA MONICA, a municipal corporation ~. By: John J~ City Manager ... APPROVED AS TO FORM: By: (l.,.t~ ~ . ~ Robert M. Myers City Attorney - ~. -~.~-_..__.__._---~-- 4 88-1244987 . , . . . c. 0" 10 .. ( STATE OF CALIFORNIA ) ) ss. . COUNTY OF LOS ANGELES ) On this 6W day of ~ ,1988, before me, a Notary Public, personally appeared THOMAS H. LANDAU and SALL Y LANDAU personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose names are sub- scribed to this instrument, and acknowledged to me that they executed it. ... OFFICIAL SEAL ~~ for said ALEXANDRA USIK NOTARY PUBLIC. CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Exp. June 21, 1989 County and State - STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) On ct~~ (pq~ ,before me, the undersigned, a Notary Public in and for sai State, personally appeared John Jalili, personally known to me (or proved to me on the basis of satisfac- tory evidence) to be the City Manager of the City of Santa Monica, and acknowledged to me that such City of Santa Monica executed the" same. WITNESS my hand and official seal OFFICIAL SEAL GRANT T. BURTON Notary Publlc--CaUtomla " LOS ANGELES COUNTY My Comm. Exp, Dec. 3D, 1991 - --~,-----------~.~---_..- 5 88-1244987 . . - .. c." -"" " ~'. . ') I (-:- ~., -' . . .. - ,1'1 " ~ EXHIBIT "A" . That portion of Lot D Block 198, Town of Santa Monica, in the City of Santa Monica, County of Los Angeles, State of California, as per Map recorded in Book 3 Pages 80 and 81 and in Book 39 Page 45, et seq., of Miscellaneous Records, in the office of the County Recorder of said County: Beginning at the most westerly corner of said lot; thence southeasterly along the southwesterly line of said lot a distance of 5.0 feet; thence northerly in a direct line to a point in the .. northwesterly line of said lot distant 5.0 feet northeasterly thereon from said most westerly corner; thence southwesterly along said northwesterly line to the point of beginning. --- --- ._-----_._-----------~--_._-_.- 6 88-1244987 - 'C . I !. - . > "" 'J s,...,....~~~r-T"'t ,g .. L nd '-JlHt:t:.1 . ., - 130 ' 50' 50' 50' 50' . - >- A=48.11 '23- L CI .: L=16.82' 0 E :3 R=20' ~ ~ B T=8.94' C , ... 0 0 , A 0 I.n 0 I.n .... CI' I.n .... .... .... A=96046 '48- 0 R=40' .. a: L=67 .56' ([1 T=45.04 ' 50' 50' 50' 50' 50' ~ <0 7Jm mfF "lI- . <0 . ~t4Jm1J llilCUJfl1 'fly iE M.B.3 PGS. 80.81 , , , ~ , , 0 0 0 0 0 0 I.n I.n I.n t.n t.n t.n - .... .... .... .... .... ... M X W V U T 50' 50' 50' 50' 50' 50' . 88~1244987 ~"''''J PROPOSED V~C~TIDN OCEAN AVENUE W/A PROPOSED E~SEMENT S' SCI1L6, J".50. ~01rlf (])[F ~ fA\ [I] 'IT fA\ [(J lID rn 0 CC; 1A\ CENERALSERVICES DEPARTMENT ENCINEERINC DIVISION RECO HOED F ADOPTION MAP SHOWING PORTION OF FIRST COURT .1988 BETWEEN BROADWAY AND COLORADO AVENUE TO BE VACATED UNDER PROVISIONS OF THE STREET ACCEPTED FOR FIl.INC FOR VACATION ACT OF 19 1 AND CRANT OF EASEMENT THE CITY COUNCIl. OF THE Dwe .No. C~Y O~ S~A 19l!ICA 441G . s / c;o.j' U-~ - 2-{, .lS88 "\) ,,- '"-y.ti-JJ ~~_';-- SHEET 1 ~;, .-' -CITY Cl.ERK OF 1 '-- - ;l~'''''