R-7592
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RESOLUTION NO. 7592(CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AUTHORIZING ACCEPTANCE AND
RECORDATION OF AN EASEMENT FOR UTILITY
PURPOSES ALONG TWENTY-SECOND COURT AND SANTA
MONICA PLACE NORTH LOCATED BETWEEN ARIZONA
AVENUE AND SANTA MONICA BOULEVARD
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
RESOLVE AS FOLLOWS:
SECTION 1. In conj unction wi th development of real
property located in the City of Santa Monica '(UCityU) along
portions of Twenty-Second court and Santa Monica Place North
(Uthe subject property") more accurately described below, the
city requires the property owner to grant an easement in favor of
the City to accommodate public utility improvements and to assure
access to the public utili ty improvements and to prevent any
hazards related to the development.
SECTION 2. The Sisters of Charity of Leavenworth
Health Services Corporation (USCLHSC"), as the owner of the
subj ect property, has executed a grant of easement to the City
for utility purposes over portions of Twenty-Second Court and
Santa Monica Place North as is fully described in Drawing
No. 4414 on file in the Office of the City Engineer, and in the
following legal description:
A strip of land, twenty feet in width, the
southwesterly boundary of which
is
the
northeasterly boundary of Lots 8 through 18 of
Tract No. 4618, in the City of Santa Monica,
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County of Los Angeles, state of California, as
per map recorded in Book 49, Page 80 of Maps
in the Official Records of the County Recorder
of Said County, and a second strip of land
twenty feet in width,
the southeasterly
boundary
of
which
is
the
northwesterly
boundary of Lots 5 through 7 of said Tract and
the southwesterly prolongation of such line to
the
intersection
with
the
southeasterly
prolongation of the line described in the
first strip of land.
SECTION 3 . SCLHSC may remove this easement in the
future by rerouting at
its expense the public utility
improvements to the satisfaction of the City.
SECTION 4. The grant of such easement by the owner of
the subject property is hereby approved and the city Manager is
authorized to accept such easement and record the grant deed with
the Los Angeles County Recorder's office.
SECTION 5. The City Clerk shall certify to the
adoption of this Resolution, and thenceforth and thereafter the
same shall be in full force and effect.
APPROVED AS TO FORM:
~M.~
ROBERT M. MYERS CJ
city Attorney
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I hereby certify that
, 1988.
Adopted and approve
Mayor
Resolution No. 7592(CCS)
was duly adopted by the city Council of the city of Santa Monica
at a meeting thereof held on March 29, 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
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~ city _Cl_srk
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Record1ng requested by:
CITY OF SANTA MONICA
When recorded mail to:
CITY OF SANTA MONICA
1685 Main street
Santa Monica, Californ1a 90401
Att: Department of General SerV1ces
Space above this llne for
recorder's use
Documentary Transfer Tax
$
GRANT OF EASEMENT
AND AGREEMENT
This Agreement made this
day of March, 1988,
by and between SISTERS OF CHARITY OF LEAVENWORTH HEALTH SERVICES
CORPORATION, a Kansas not- for-profi t corporation (hereinafter
"Grantor") and the CITY OF SANTA MONICA, CALIFORNIA, a municipal
corporation (hereinafter "Grantee"), is made Wl th reference to
the following:
WHEREAS, Grantor 18 the owner of certain real property
located in the Cl ty of Santa Monica, California, and more
particularly described in the attached Exhlbit "A" (hereinafter
"SerVl.ent Tenement") whl.ch is hereby incorporated by this
reference; and
WHEREAS, the Servient Tenement is subJ ect to a dedicated
publlC rlght-of-way over that portlon of the Servient Tenement
WhlCh 15 commonly known as Twenty-Second Court between Arlzona
Avenue and Santa Xonlca Place and then along Santa Monica Place-
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North between Twenty-Second Court and Twenty-Third street, in the
City of Santa Monica (hereinafter "Right-oi-Way"); and
WHEREAS, the Right-ai-Way is more particularly described in
the attached Exhibit" B" which is hereby incorporated by this
reference; and
WHEREAS, exist~ng public sewer and water lines are located
beneath the surface of the entire length of the Right-af-Way; and
WHEREAS, Grantee has abandoned the R1ght-of-Way which has
resulted in a reversion of title to that certain real property to
the immediately adj acent parcels of real property owned by
Grantor; and
WHEREAS, Grantee has abandoned the Right-ai-Way subject to
adequate assurance that it will be able to continue to maintain
and operate all public lines located within the Right-af-Way; and
WHEREAS, Grantor desires to grant an easement to Grantee to
maintain and operate all public lines;
NOW THEREFORE, it is agreed as fOllOws:
1. Grant of Easement. Grantor hereby grants to Grantee an
easement as hereinafter descr~bed.
2.
Nature of Easement.
The easement granted herein 15 an
easement in gross.
3. Uses of Easement. The easement granted here~n is a
right to operate, access, repair, rebuild, replace, service and
otherwise facilitate the maintenance of all public sewer lines,
water lines, and other public facili tes and appurtentant
structures.
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4. Location of Easement. The easement granted herein is
located as more specifically described in the attached Exhibit
"B".
5. Reservation of Rights. The easement granted herein is
specifically subj ect to the Grantor's reservation of rights to
make such use of the abandoned Right-of-Way which is not incon-
sistent with Grantee's uses of the easement as described in
paragraph 3, above.
5. In the event that at any time Grantor should offer to
relocate the public sewer and water lines located in the easement
granted herein into other public rights-at-way, Grantee agrees to
abandon this easement and to execute and deliver to Grantor a
quitclaim deed thereto.
7. Entire Agreement. This instrument contalns the entire
agreement between the parties relating to the rights herein
granted and the obligations herein assumed. Any oral representa-
tlons or modifications concerning this instrument shall be of no
force and effect exceptlng 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 relatlng 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. Bindlng Effect. This instrument shall blnd and inure to
the benefit of the respective heirs, personal representatives,
and successors of the partles hereto.
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IN WITNESS WHEREOF, the parties hereto have executed this
instrument the day and year first above written.
II GRANTOR tI
SISTERS OF CHARITY OF LEAVENWORTH
HEALTH SERVICES CORPORATION,
a Kansas not-for-profit corporation
By:
Sister Macrina Ryan
President
"GRANTEE"
CITY OF SANTA MONICA,
a municipal corporation
By:
John Jalili
City Manager
APPROVED AS TO FORM:
By:
Robert M. Myers
CJ.ty Attorney
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EXHIBIT uN'
Lots 1 through 29, Tract No. 4618. In the Clty of Santa
Monlca. County of Los Angeles. State of Callfornia. as
per map recorded In Book 49. Page 80 of Maps ln the
Official Records of the County Recorder of Said County.
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EXHIBIT IIBI'
Parcel 1
A str1p of land. twenty feet 1n w1dth. the southwesterly boundary
of Wh1Ch 1S the northeasterly boundary of Lots 8 through 18 of
Tract No. 4618, located 1n the Clty of Santa Monica, County of
Los Angeles. State of Californla. as per map recorded In Book 49.
Page 80 of Maps 1n the Offlc1al Records of the County Recorder
of Said County.
Parcel 2
A str1p of land twenty feet in wldth. the southeasterly boundary
of Wh1Ch 1S the northwesterly boundary of Lots 5 through 7 of
Tract No. 4618 in the C1ty of Santa Monca, County of Los Angeles.
State of Callforn1a, as per map recorded 1n Book 49, Page 80 of
Maps 1n the Offlc1al Records of the County Recorder of said County,
and the southwesterly prolongation of such line to the 1ntersect1on
w1th the southeasterly prolongatlon of the l1ne descr1bed 1n
Parcel 1, above
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