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Home My WebLink AboutD-2744. ~~ f`.. .. .1 { S - _ _ _ This page is part of your document - DO NOT DISCARD °`~ 20080333576 ! 0, gels: ~ RECEivE~ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIII=~ ~R ' 7 ~ Recorded/Filed in Official Records Fee: RecordeY's Office, Los Angeles County, 0.00 California Tax: 0.00 CI1Y Of ARCADUI 02!27!08 AT 08:01AM Other: 0.00 Total: 0.00 CITY CLERK 1680408 20080226D260130 Mail , TITLE(S) L E A D S H E E T Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. Number of AIN's Shown - E„~„ THIS FORM IS NOT TO BE DUPLICATED ~~, ~ i' ;. RECORDING REQUESTED BY and WHEN RECORDED MAIL TO: CITY OF ARCADIA Attn: City Clerk 240 West Huntington Drive Arcadia, CA 91066-6021 ~nor~ .; ,,,~ gi Portion APN 5775-031-015 EXEMPT FROM RECORDED FEES PER GOVT. CODE §27383 NO DOCUMENTARY TRANSFER TAX PER REV & TAX CODE § 11922 GRANT OF EASEMENT (Water Pipelines and Appurtenances) FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SANTA ANITA FASHION PARK, LP, a Delaware limited partnership, who took title as SANTA ANITA FASHION PARK, LLC, a Delaware limited liability company ("Grantor") does hereby GRANT and CONVEY to CITY OF ARCADIA, a municipal corporation ("Grantee"), its successors and assigns a permanent and perpetual easement, in gross, (hereinafter referred to as the "Easement"), in, on, upon, over and across that certain real property located in the City of Arcadia, County of Los Angeles, State of California more fully described and depicted in EXHIBIT A attached hereto and incorporated herein by reference ("Easement Parcel") for the purposes of constructing, installing, maintaining, repairing, replacing, reconstructing, removing, altering, inspecting, removing and operating at any time and from time to time underground water pipelines and facilities and appurtenances thereto (hereinafter referred to, collectively, as the "Systems"), including, without limitation, pipelines, valves, hydrants, meters, above-ground enclosures and markers, and other appurtenant fixtures and equipment necessary or useful for conveying water and furnishing water services for all purposes. The Easement shall include, without limitation, the right and privilege of Grantee and its employees, agents, representatives, contractors, subcontrators, and workmen to: (i) perform all activities as may be necessary to facilitate the purposes of the Easement; (ii) have free access to, ingress to, and egress from the Easement Parcel and the Systems, and every part thereof, at all times; (iii) use and temporarily place and operate tools, equipment, machinery, and materials on the Easement Parcel; (iv) trim, cut, remove, or clear away any trees, brush or other vegetation or flora, including the roots thereof, that may endanger or interfere with, in Grantee's sole RVPUB\DGILSON\741589.2 1 _~ /' discretion, the Systems, and (iv) take such reasonable action as may be necessary, in Grantee's 3 sole discretion, to protect the Systems. Grantor hereby covenants, by and for itself, its assigns, heirs and voluntary and involuntary successors in interest to the Easement Parcel or any part thereof, that Grantor shall not, without the express written consent of Grantee: (i) erect or permit the erection of any building, wall, fence or other structure within the Casement Parcel that may interfere with Grantee's use of the Easement and exercise of all rights and privileges thereof; nor (ii) undertake or permit the undertaking of any activity shat may interfere with Grantee's use of the Easement and exercise of all rights and privileges thereof. By its acceptance of this Grant of Easement, Grantee covenants and agrees, by and for itself, its assigns, heirs and voluntary and involuntary successors in interest to the Easement, that Grantee shall, with due diligence and dispatch, repair and restore any damage to the Easement Parcel resulting from the exercise of Grantee's rights hereunder, including, without limitation, restoration of the surfrice and subsurface of the Easement Parcel, to a condition as close as reasonably possible to the condition that the Easement Parcel was in immediately preceding the time oP exercise of such rights; provided, however, that Ganlee 'shall not be required [o resrore any paving, landscaping or other improvements within the Easement Parcel beyond the minimum standards for such improvements required by the City of Arcadia, California. Specifically, and without limiting the generality of the foregoing, Grantor shall not be required to replace decorative or high quality paving, landscaping or other improvements. The Easement and covenants contained herein shall run with the land and shall inure. to the benefit of and be binding upon the Grantor and Crtmlee and their respective assigns, heirs and voluntary and involuntary successors in interest. avi>uisv~cirsoNaai;s>, 2 Subject to the rights of Grantee, covenants and restrictions contained herein, Grantor retains the right to use the Easement Parcel for any purpose that does not interfere with Grantee's use of the Easement and exercise of all rights and privileges thcreol Dated: ~2ca'rnbir aim aoo~ GRANTOR: SANTA AM'I~A FASHION PARK, LP a Delaware limited partnership, who took title as SANTA AMTA FASHION PARK, LLC, a Delaware limited liability company By: Westfield America GP LLC, a Delaware limited liability company, its general partner By: Westfield America Limited Partnership, a Delaware limited partnership, its sole member I3y: Westfield U.S. Holdings, LLC, a Delaware limited liability company, its general partner 13 v: lls: B y: Its: dlineTalreh Assistant Secretary I2 V PU nAoc I LSONV741 i fi42 .) NOTARY ACKNOWLEDGNTENT (California All-Purpose Acl<nowledgmentj STATE OF CALIFORNIA ) SS. COUNTY OF o ) On ~.¢evrn~Gr' 1i ?007 before me, _~d-,rW /~. ZG~t~ ,notary public, personally appeared for ~aelctr personally Known to me (or 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 insh'ument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WI"I"NESS my hand and official seal. m Signature of Notary Publ .ATTACHED TO: GRANT OE EASEMENT (Water Pipelines and Appurtenances) ItVPUaADGILSO~~g4~»9.2 ANNIE M. ZETfEL Commissbn # 1478766 m Nofary Publk • Califomla los Angeles County My Comm. Expires Apr 21, 2008 NOTARY ACKNOWLEDGMENT (California All-Purpose Acknowledgment) STATE OF CALIFORNIA ) ss. COliNTY OF ~/e~ ) On J~otsvnber e1 r 2007~before mc, AnnjG /~. zi.~}G/ ,notary public, personally appeared ~~;nC /lair<~ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islai~e~ subscribed to the within insn~ument and acknowledged to me that he/she/they executed the same in his/her/their xuthori2ed capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of ti~hich the person(s) acted, executed the instrument. WITNESS my hand and official seal. l.,.,,.... ~. Signature of Notary P is ,4TTACHED TO: GRAINY OF EASEMENT (1Vater Pipelines and Appurtenances) R V PU l3VDG I LSON V 41589.? ANNIE M. ZET/EL - C~Illlbalolf # 1478766 ~ Noipry ~~~ - CoNtornla MVC `~m• ExPlrea Apr 21Y2008 EXHIBIT A TO GRANT OF EASEMENT (Water Pipelines and Appurtenances) Legal Description and Depiction of Easement Parcel [Portion APN 5775-031-015] [attached behind this page] EXHIBIT A RVPUBIDGILSOh V4I589.2 EXHIBIT A DESCRIPTION OF UNDERGROUND WATER PIPELINE EASEMENT IN SANTA ANITA FASHION PARK, LP. LANDS THAT PORTION OF PARCEL 2 AS SHOWN ON PARCEL MAP 6374 AS RECORDED PRIOR, BEING A DIVISION OF PARCELS 1, 2, AND 3 AS SHOWN ON PARCEL MAP 4626, BEING A FURTHER DIVISION OF A PORTION OF LOT 5, TRACT NO. 949, AS SHOWN ON MAP RECORDED IN BOOK 17, PAGE 13 OF MAPS IN THE OFFICE OF SAID RECORDER INCLUDED WITHIN STRIPS OF LAND 10 FEET IN WIDTH IN SAID LOT 2, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF BALDWIN AVE WITH THE NORTHERLY LINE OF HUNTINGTON DRIVE DESCRIBED AS SHOWN ON PARCEL MAP NO. 6374; THENCE NORTH 86° 05'00" EAST 75.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID POINT NORTH 38° 59'10" EAST 19.77 FEET; THENCE NORTH 85° 57'17" EAST 139.39 FEET; THENCE SOUTH 04° 02'43" EAST 14.07 FEET TO A POINT DESIGNATED AS THE TERMINAL POINT. Page I oft EXHIBIT A ~ ~~ 1 , I ~i I I ~ I W PARCEL2 'I m 8 OF /~ I ,;~, PARCEL MAP N0.6374 q I I 1 I ' ~ I I TERMINAL POINT L / ,<.o~ S Oi'02' E i I I I ~ _ W ~_ I _~ ~~ I `_ u"i I m .~ I --1 I II I N I I I / ~O I I / I I I I I TRUE POINT OF I BEGINNING III ~S'54'S5'E~ ` ~---~_ BALDW~N I L.L 'Z V z Z 2 AVE __--- ___ ~---- POINT OF INTERSECTION OF EASTERLY LINE OF BALDWIN AVE ANO NORTHERLY LINE OF HUNTINGTON DR _~ - _ _~ ~ - __- I ~~ I PAGE 2 of 2 . ;Y; ~~ CITY OF ARCADIA CERTIFICATE OF ACCEPTANCE OF GRANT OF EASEMENT (Water Pipelines and Appurtenances) This Certificate of Acceptance pertains to the easement interest in certain real property conveyed by the Grant of Easement dated December 21, 2007 to which this Certificate of Acceptance is attached, from: SANTA ANITA FASHION PARK, LP, a Delaware limited partnership, who took title as SANTA ANITA FASHION PARK, LLC, a Delaware limited liability company ("Grantor") to: CITY OF ARCADIA, a municipal corporation ("Grantee"), its successors and assigns Said Grant of Easement is hereby accepted by the undersigned officer on behalf of Grantee pursuant to authority conferred by the Grantee's governing body, and Grantee hereby consents to recordation of said Grant of Easement. Dated: ~ ~ Zoa~ CITY OF ARCADIA, a municipal corporafion By: ~a--e1~ ~c~,.-rr-~~ Donald Penman City Manager ATTES City Cl r ~~ The Grant Deed described above is hereby approved as to form. Dated: o~ oZ ~ ~ 8' City ttomey RVPUB\OGILSON V 41589.2 ACKNOWLEDGMENT (California All-Purpose Acknowledgment) State of California County of Los Angeles On January 2, 2008 before me, Lisa Marie Mussenden, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence) to be the person( whose name( is/a~ subscribed to the within instrument and acknowledged to me that he/s~e/th~y executed the same in his/l~r/tl~ir authorized capacity(i~s), and that by his/l~/tl~r signature on the instrument the person(~a'j, or the entity upon behalf of which the person(,w~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. WITNESSS my hand and official seal. w-wu~ ~nWlon r 17)706 ~v R~euc • Cagfornlo Signature ~, ~~ ~~~