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R-7592 e e 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, - 1 - It - . 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 - 2 - . . 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 -,,- ~. . ~ city _Cl_srk ~ - - . . 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- 1 e e 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. 2 e . 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. 3 e _ 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 4 e e 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. 5 e e 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 6 .. ~ r [-I . rT'I ,:e; fTI G1 z n1 -l -< Z 0 >Sjz ARIZONA AVE. 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