R-7642
WHEN RECQRDED:
p~~U~~ ~O CITY CLERr.
],685 Ma~n st.
Santa.Monica, CA 90401
.
88 1244987
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RESOLUTION NO. 7642(CCS)
CITY COUNCIL SERIES
rFREE
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AUTHORIZING ACCEPTANCE AND
RECORDATION OF EASEMENTS FOR STREET AND UTILITY
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
California
general
Associates,
a
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).
l~ RECORDED IN OFFICIAL ittC\iiIDS \
RECORDER'S oFFICE
LOS ANGELES COUNty
CALIFORNIA
4 MIN. 8 A.M. AUG 8 1988
PAST. _
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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:
(l..r1,-It ~ ~-
ROBERT MYERS
City Attorney
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Adopted and approved this 28th day of June, 1988.
ClJd
I her..y certify that~ foregOin:a:~~Olution No. "~(CCSI
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:
~ l!i1J~T
~i~y ?:~~~k_
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Exhiblt "I"
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 ~-~-ces- C1ty Clerk
Space above this line for
recorder's use
Documentary Transfer Tax
$
GRANT OF EASEMENT
AND AGREEMENT
This Agreement made this Lf~ day of May, 1988,
by and between CWD-TAIYO BROADWAY-OCEAN ASSOCIATES, a California
general partnership (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
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.
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
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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 "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
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utilities, to be used an maintained in a manner 1n 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 here1n 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. 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.
8. Binding Effect. This instrument shall bind and inure to
the benefit of the respective heirs, personal representatives,
and successors of the parties hereto.
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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-1987, zcali nia general
partnership
(.{.~
C.C. Mow, General Partner
By
"GRANTEE"
CITY OF SANTA MONICA,
a municipal corporation
By
u~.
JohnVlalili
City Manager
APPROVED AS TO FORM:
By (1,rf,~ I-Y\.. ~
Robert M. Myers U .
City Attorney
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STATE OF CALIFORNIA
ss.
COUNTY OF LOS ANGELES
On this ~ day of "-111 A~ l/' , 1988, before me, a
Notary PUbliC,~allY appe:;e~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 wi thin
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.
dtunJ/U- ~
~otqty Puolic in and for said
CountY and State
I@U.U..1
..... Cll'flCW. SEAl
ALEXANDRA USIK
_..~.. NOT~IC~':""A
. U. . .. My ea.ra.:.....-:s::;;: 1989
STATE OF CALIFORNIA
SS.
COUNTY OF LOS ANGELES
On \:'u\\1'vA \L- , before me, the undersigned, a Notary
Public in! ~nd fgr said State, personally appeared John Jalili,
personall:9' 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
/ /JJ f
/"'t!!& II )jt{('f7C7)
No-tarj Public in~. for .sara--
county and State
.- - OFFICIAL SEAL 1
.~- GRANT T BURTON
Notary Pubhc-Calllomla
. ,. . LOS ANGELES COUNlY
My eo."m Exp Dec. SQ, 1991
-- -~-- ~ --.
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88-1244987
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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.
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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 ment~oned 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
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along said prolongation and said parallel line to the true point
of beginning.
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Exhiblt "2"
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 Sefte~e~-Be~~~ees C~ty Clerk
Space above this line for
recorder's use
Documentary Transfer Tax
$
GRANT OF EASEMENT
AND AGREEMENT
This Agreement made this
LjH.
day of May, 1988,
by and between THOMAS H. LANDAU and SALLY LANDAU (hereinafter
"Grantor") and the CITY OF SANTA MONICA, CALIFORNIA, a municipal
corporation (hereinafter "Grantee"), 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 D 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, 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
1S commonly known as First Court; and
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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
subj ect to adequate assurance that an al ternati ve right of way
for a public alley and public utili ties 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.
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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 representat1ves,
and successors of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
instrument the day and year first above written.
:r;#11i~
! ~OMAS ry -LANDAU
saudJb.~
SALLY (tANDAU
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"GRANTEE"
CITY OF SANTA MONICA,
a municipal corporation
By:
~.
John J~
City Manager
APPROVED AS TO FORM:
By: rw-t......Jt \.v-.. ~
Robert M. Myers 0
City Attorney
4
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STATE OF CALIFORNIA
ss.
COUNTY OF LOS ANGELES
day of ~ ' 1988, before me, a
Notary Public, personally appeared THOMAS H. LANDAU and SALLY
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 1t.
On this
6W
~~~
County and State
OFFICIAL SEAl I
ALEXANDRA USIK
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OfFICE IN
LOS ANGELES COUNTY
My CommtSSlOn E,p June 21.1989
for said
STATE OF CALIFORNIA
SS.
COUNTY OF LOS ANGELES
On r11Aj~ [dq~ , before me, the undersigned, a Notary
Pub11c in Uand for' Sa1a 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 Publle-camomla
LOS ANGELES COUNTY
My Comm Exp Dee SQ, 1991
d/VA:ffI.r< Adf&
Ndt9ty Pub11c in~d -for said
COU?ty and St~
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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
Californ1a, 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.
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RBC ~1 D~," ADO~;;~N
/;.-4.. /'C/t..~'.~IF'
I ~~INtENDENT
ACCEPTED FDR FII.INC FOR
THE CITY COUNCIl. OF THE
C,g~ qja~79J::'ff~1988
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88-1244987
OCEAN Q VENUE
~ 0 11' 'IT lID IF ~ iA\ m 1J' Ii::. !llj(ID m 0 ~ fA\
GENERALSERVICES DEPARTMENT
ENGINEERING DIVISION
MAP SHOWINC PORTION OF" F"IRST COURT
BETWEEN BROADWAY AND COLORADO AVENUE TO
BE VACATED UNDER PROVISIONS OF" THE STREET
VACATION ACT OF" l~l AND CRANT OF" EASEMENT
/. / /" jIll!Feftl!NCl!S. Dwe .N. .
SUBHITT,JED Iiy ,-/ .' I
APPIl~~~ A!l~ bI!l!ICNED. 9~:e~r;.1
"--4J:l,....!:'ffi;I-;<~ iHtlCKED' H.t:l. OF 1