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HomeMy WebLinkAboutD-2514 . ol. .,.J~ _--ftr!, .- z..... <0 ~""", -"'..... ffi~o ~-- ... V) ~>< '" ~ a: u::~o >.:..~ ~~g~ Cll-::::t.- gj~~~ uo><::!: ~:SI.U~ r:r::O~=- 0""- u..~ot; O,:o=t-1.I.lI ~<U):::: -(1)<"'" ~<O t;~~ ~~a :E~ "'0 l!:, ",0"" ::;Ut:t ~~'" i=~ , ~IRST AMERICAN TrTLECOMPANYOFLA. .SUBDIVISION' '95 2027325 o '" I~.l "" " . RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: RECORDEDJflLED IN OFFICIAL RECORDS RECORDER'S OFfiCE . LOS ANGELES COUNTY CALIFORNIA DEe 21 1995 ATSA.M, " City of Arcadia 240 West Huntington Drive Post Office Box 60021 Arcadia, CA 91066 Attn: City Manager [SPACE ABOVE THIS LINE FOR RECORDER'S USE] Exemot from recordiml fee. tIer Government Code Section 6103 Ey: Tax ia: NONE en exem t er Revenue and ection 11922 ?/;Y City of Arcadia Inn Name 01 EASEMENT DEED FOR STORM DRAINAGE AND PEDESTRIAN ACCESS 1. Grant of Easement FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, (i) HARVEY D. MENDEL, AS SUCCESSOR TRUSTEE OF THE CLAIRE H. MENDEL TESTAMENTARY TRUST, AS TO AN UNDIVIDED ONE-FOURTH INTEREST; (ii) HARVEY D. MENDEL, A MARRIED MAN, AS TO AN UNDIVIDED TWO-SIXTEENTHS INTEREST; (iii) JANE MENDEL, HARVEY D. MENDEL'S WIFE, AS TO HER COMMUNITY PROPERTY INTEREST; (iv) JANICE ROFFELD, A MARRIED WOMAN, AS TO AN UNDIVIDED ONE- SIXTEENTH INTEREST; (v) WILLIAM ROFFELD, JANICE ROFFELD'S HUSBAND, AS TO HIS COMMUNITY PROPERTY INTEREST; (vi) CAROLE LANGNESS, 'A MARRIED WOMAN, AS TO AN UNDIVIDED ONE- SIXTEENTH INTEREST; (vii) RODNEY LANGNESS, CAROLE LANGNESS' HUSBAND, AS TO HIS COMMUNITY PROPERTY INTEREST; (viii) PHILLIP TEPPER AND ROSS LYNN TEPPER, TRUSTEES OF THE TEPPER FAMILY KKRS0987 ?cS/O&g/- 6-;3 . , ',.. ... .. ,,, TRUST FOR THE BENEFIT OF PIllLLIP TEPPER AND ROSS LYNN TEPPER AND THEIR ISSUE UNDER INSTRUMENT DATED JULY 8, 1986,AS TO AN UNDIVIDED ONE-HALF INTEREST (COLLECTIVELY, "GRANTORS") do hereby grant and convey to THE CITY OF ARCADIA ("City") an easement ("Easement") in, over and under that certain real property described in Exhibit A attached hereto ("Property"), for the purposes of: A. Excavating, installing, operating, maintaining, repamng and replacing, as deemed reasonably necessary by the City, at the sole cost and expense of the City, a public storm drain system, together with such additional appurtenances reasonably related to the operation thereof including, without limitation, the installation of catch basins and grating; and B, Demolishing, constructing, maintaining, repairing and replacing, as deemed reasonably necessary by the City, at the sole cost and expense of the City, a public sidewalk, together with the right for public pedestrian access over, through and across the Property. The Easement granted herein is set forth, legally described and depicted in Exhibit B attached hereto. The Easement conveyed by this Agreement is an Easement in gross to be held by the City and its successors, representatives, employees, contractors and assigns, Grantor specifically acknowledges and agrees to the right of the public to use the Easement for the purposes set forth above. 2. ~. This Agreement and the Easement described herein shall be perpetual; 2,1 Provided, however, in the event that the Easement is no longer required for storm drainage and pedestrian access, this Easement shall be terminated by an executed, acknowledged and recorded document effecting such termination, executed by the parties hereto, their successors or assigns, Such document shall not be effective without the prior written approval by the City Manager or City Council, and any attempted or purported modification or termination in violation of this Section shall be void and shall confer no rights upon any third person; or 2.2 Unless terminated by court order, pursuant to a default as provided herein in Paragraph 13, KKRS0987 -2- 95 2027325 .,:".... \..t 3. Restrictions on Use. City and Grantor agree in using the Property: 3,1 Not to use or permit or suffer the Easement to be used in any manner which would violate any license, permit or other governmental authorization which is required for the lawful use of all or any portion of the Property. 3.2 Grantor, shall not erect or construct, or permit to be erected or constructed, any building, structure or improvement on, over or under any portion of the Basement, nor shall Grantor plant any tree or trees or plant any other vegetation or flora on any portion of the Property except upon obtaining the prior written consent of City. 3.3 No other easement shall be granted on, under, or over the Property without obtaining the prior written consent of City, which consent shall not be unreasonably withheld. This Agreement shall not in any manner limit or restrict the Grantor or their successors in securing loans or financing on or against the Property. 3.4 The Easement granted shall not prevent otherwise lawful pedestrian, vehicular or other access to the Property and the buildings, structures and improvements thereon, except as may be temporarily and reasonably necessary to the exercise of those rights of the City described in Paragraph I(A) and (B) herein. 4, No Obstruction of Basements. Neither party willblock, obstruct or in any way interfere with the Easement, it being understood that such Easement exists in order to provide for the unobstructed use of the Easement for the purposes set forth in Section I above. No fences, walls or other barriers will be constructed in such a manner as to interfere with the Easement. Bach party will take all steps reasonably necessary in order to insure that their respective licensees, agents, employees and invitees comply with the provisions of this Agreement. Any construction, landscaping, maintenance or repairs related to the Easement performed by City or Grantor shall be carried out in compliance with all laws, permits, licenses or other governmental authorizations, rules, ordinances, orders, decrees and regulations now or hereafter enacted, issued or promulgated by federal, state, county, municipal and other governmental agencies, bodies and courts having or claiming jurisdiction. 5, Taxes and Assessments. City shall file a notice with the Los Angeles County Tax Assessor stating that the Basement has been conveyed to City, Grantor shall payor cause to be paid all assessments, excises, impositions, levies, and other charges of every description now or hereafter levied on, assessed against or otherwise imposed with respect to the Property, the Grantor's improvements located on the Property, or the Grantor's personal property located on the Property. 6. Indemnity. The City shall hold harmless and indemnify the Grantors for any losses, claims, lawsuits and damages to Grantors that arise out of the negligence of the City KKRS0987 -3- 95 2027325 " :". . , ., with respect to the Property; provided, however, that nothing in this Agreement shall modify, abridge, delete or in any way affect the procedural and substantive provisions of the Government Tort Claims Act (Govt. Code ~~ 800, e1 ~.). The Grantors shall hold harmless and indemnify the City for any losses, claims, lawsuits and damages to City that arise out of the negligence of Grantors with respect to the Easement. 7, Severability, If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect. 8. Attorneys' Fees and Costs. If any legal action or other proceeding is brought for the enforcement or defense of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any provision of this Agreement, then the prevailing party shall be entitled to recover its reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled. 9, Goveminl! Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California, Any lawsuit brought to enforce this Agreement shall be brought in an appropriate court in Los Angeles County, State of California, 10, Captions. Captions in this Agreement are inserted for convenience of reference only and do not define, describe or limit the scope of the intent of this Agreement or any of the terms hereof. 11. Entire Agreement. This written document contains the entire agreement of Grantor and City and supersedes any prior oral or written statements or agreements between the parties, No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all parties, 12. Bindinl! on Successors and Assigns. Each and all of the covenants and conditions of this Agreement shall be binding on and shall inure to the benefit of the heirs, successors, executors, administrators, assigns, and personal representatives of the respective parties. The Grantors and the City understand and agree that the rights and obligations set forth in this Agreement are appurtenant to the Property and that such rights and obligations shall follow the ownership of the Property. No Grantor who has conveyed his or her interest in the Property shall be liable for performance of the continuing obligations and responsibilities of the Grantors set forth in this Agreement which arise after the conveyance of that Grantor's interest in the Property. 13, !llllim!t. In the event of a default in the performance of this Agreement, either party may give written notice to the defaulting party of the nature of the default and the defaulting party shall have ninety (90) days from receipt of the written notice of default in order to cure the default. In the event the defaulting party fails to cure the default, the KKRS0987 -4- 95 2027325 o. ,'.... , '. ~ defaulting party may seek legal adjudication of its rights and remedies including but not limited to a termination of the Easement, damages, costs and attorneys' fees. If thl: Easement is terminated for any reason whatsoever including, without limitation, due to a default of City hereunder, nothing herein shall in any way modify or impair the City's right to acquire either the Easement or the fee interest in the Property through exercise of the City's power of eminent domain. Nothing herein shall be construed as a pre-determination by the City that it will in fact exercise its power of eminent domain, which power may be exercised only after all applicable statutory procedures have been followed including, without limitation, the City'sconsideration and adoption of a resolution of necessity. Nothing in this paragraph 13 shall modify, limit or abridge any rights the City may have pursuant to statute, court decision, or City's Municipal Code concerning the abatement of public or private nuisances. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. I 1 Grantor: , By: #'ff p. ~p arvey ,'Men'del, as Successor Trustee of the Claire H. Mendel Testamentary Trust By: ()Ih p.~ Harvey D. Mendel, a married man By: ~~ e Mendel, a married woman KKRS0987 -5- 95 2027325 '. ',. ~.. ,. By: f1n,nJrpJ P~~/d . Jatiice Roffeld, a married woman By: WA?~~ William Roffeld, a ed man By: ~~~~U~} Carole langne s, , a married woman By: ~%g~~ed man <l I f KKRS0987 -6- 95 2027325 . \; ~-- ~-'T,~,,-"'"~:-.IlIL..t''''.:. io . -. . ~ i!YT-: '-: '~i:-' " -".', AGREED AND ACCEPTED: City: CITY OF ARCADIA By: w.n~t~ William Kelly City Manager ATTEST: 2"...'-& ~ n.." e D. Alford "'- City Clerk APPROVED AS TO FORM: By: JfJ:!IJi Pl~ City Attorney KKR50987 By: '~~/o/;/<-/ ~!j;hf-~ Phillip Tepper d I Ross Lynn Tepper Trustees of the Tepper Family Trust for the Benefit of Phillip Tepper and Ross Lynn Tepper and Their Issue Under Instrument Dated July _' 8, 1986 I 95 2027325 -7- . ' . " ." STATE OP cA1JPORNIA COUNTY OP LOS ANGBl.llS On NtJI/&7nf3t:J2- 9 199), b!f9~~ Ibe undenigncd nolary public, pcnonally appeared #~v....., 0 Ptl::NDi:!1/ JtlN~ ,I""(j pc~nally known to me OR o proved to me on the haail of aatilfactory cV'idcncc to be the penon(s) whose name(s) ia/are subacribed to the within inatromcnl and acknowledged to me that he/abc/they executed the lime in hia/hcr/thcir authorized eap.city(icI), and lhat by hialhcr/thcir signature(.) on the instrumc01 the peROn(.), or the entity upon behalf of which tho penon(s) acted, executed thl~ instrument. .#mESS my hand and o~~a~1. . U~ll kJik1kC Signature 0 ~ .PEGGY WRiGHT ~ o Comm. #1035755 el ' : OTARV PUBLIC CAJ.lFORNiA{i)O " LOS ANGELES COUNTY ~~'~ ~~mm~E~O~A~g.~1.~~ ~ KKRS0987 -8- j".-cAPAcii'ii'CLAiMEDBy.... ! SIGNER: I ! i i , o Individuat(.) o Corporate Officcr(a) [] Partncr(.) o Atlomcy-in-Fact [] Trua1ee(') o Subacribina' Wilma. D Guardian/Conservator D Other SIGNER IS I", REPRESENTING: NAMB OP PBRSON(S) OR ! BNTrrY(IBS) t................................................................................. 95 2027325 '\ I' " " STATE OF CALIFORNIA COUNTY OF LOS ANGELES euUdIJ /~, /995 1?9S.be5.0.JlIC~~e undersigned notary public, penonally .ppca~iDU'V"..M~.,...<< '~';LTP'enonauy known to me OR ~rovcd to me on the basil of laulfactory evidence to be the penon(s) wboac name(s) ialarc IUbacribcd to the within in.atrumcDl and acknowlcdBcd to me that be/abe/they executed tho lame in hialber/their authorized capacity(ic.), and that by hialhcr/thcir sipaturc(s) on tho inatnlmcD1 thc pcnon(s), or the entity upon behalf of which the penon(.) acted, executed the instrumcm. ~~q3: , " )=z,- Si ture 0 ry .-,..' .. - .. .. · . - 'f [fl'" DIANA HAWKESBY '" COMM.".985471 i5 , NaIQIy PublIc: - California f; , lOlIANSBB COUN1Y J ~., ~ ~~~.~FEB28,l~ J KKRS0987 -9- f'...-cAPAcii.yCLAiMID''By..... i SIGNER: i 'lilfnwvidua1(.) o Coq>Onlo omecr(,) o Pat1ncr(.) o Attorney-in-Fact o TIU....(.) o Subacribing Witness o Guardian/Conservator o Other SIGNER IS REPRESENTING: NAMB OF PBRSON(S) OR ~(IES) ~~~~s A-nti ................................................................................... 95 2027325 ,\.. . STATB OF CALIFORNIA COUNTY OF LOS ANGEI..BS On NOV. t \ . 1995,.}efo me,)lftT~;p>ed nota')' public, personally appcarcdJj ... I \.. petro wn to me OR l!rProved 10 me on Ibe bam of.. sfa ev;l!ence 10 be Ibe penon(s) wb= ~ subacribcd to the within instromcnt and acknowledged to me thai e executed the aamc in ~€i9 authorized capacity(ie.), and that b~ e aignabJre(l) on the instrument tho person(I), or the entity upon behalf of which the penon(.) acted, executed the inItn1ment. WITNESS my hand and official seal. ~q: Ap.pH~) Si bJ f Notary . 1- - ~ ~ ~ ~ ~ . r ~ ~ - - ~f ......:. ", JOVOUSl. SKELTON :;: ,. ">-.i;t ,\ cOMM. # 10<10166 ~ ~ !...! ~ ,.; Notory Public - Califomla ~ J '.' ORANGE COUNTY I . .' My Comm. E<pres SEP 30. 1998 ....~.....................~.....-..........._~ KKRS0987 -10- ".....cAPAcii'yCLAlMEDBy..... SIGNER: o Individual(s) CI Corporate Oflicer(s) DF......r(') o Auomcy-in-Facl o Tnutcc(s) o Subacribing Witness CI GuardianlConacrvator o Other SIGNER IS REPRESENTING: NAMB OF PBRSON(S) OR 1lNTll'Y(IBS) I I L.....=:..._................................................................1 95 2027325 '. .,.... ,. , CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT No 5907 II , State of County of California r n<: Angplp<: i( On A/ptJI::-IYJ8ER /1, J f15 before me, Peggy Wright DATE J . NAME, TIT1.E OF OFFICER - E G., -JANE DOE, NOTARY PUBLIC" personally appeared :JfjtJ/{.I:- ,('{)Ft='IcL() /JI'IJ} to/I..LJIjM f:~)ff(:;7....f} NAME(S) OF SIGNER(S) o personally known to me - OR - g 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 ac- knowledged 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 instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ,--^^^^^^^^--^( r PEGGY WRIGHT s: o .. Comm. #1035755 G) ~ _0 : NOTA.RY PUBUC Cl\1.IFORN\AO ~ LOS ANGELES COUNTY Comm ExpIres Aug. 11. 1998 .... WI~SS my hand and official seal. )1rt'r 11{1f~o{tARY Peggy right OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. . CAPACITY CLAIMED BY SIGNER o INDIVIDUAL - 0 CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TII1.E(S) TITLE OR TYPE OF DOCUMENT o PARTNER(S) o LIMITED o GENERAL o ATTORNEY-iN-FACT o TRUSTEE(S) o GUARDiAN/CONSERVATOR o OTHER; NUMBER OF PAGES . , DATE OF DOCUMENT , SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE - (',- C1993 NATIONAL NOTARY ASSOCIATION. 8236 Rammet Ave., PO. Box 7184. Canoga Park, CA 91309-7184 95 2027325 . : .' CALlFOii-Jldlt. ,',"'l\.,..'I.>c,:1:"',)1: tl:;.ltN~\Oi'.~fjGr.~f:i"t\:' lj No.'P07 Iv State of California County of Los Angeles On ~// /'7Y,J- before me, Bette Storm, Notary Public personally app;:;ed/ iP ~ )(p// ;::''7~'':J)DO/o;;~ , ~ NAME(S)~NEA(S) ~ ~ i;X personally known to me - OR - 0 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 ac- knowledged to me that l1e/she/they executed the same in Ris/her/their authorized capacity(ies), and that by flis/I,lOr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~ .....",""~ SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER o INDIVIDUAL [)l CORPORATE OFFICE~.f DESCRIPTION OF ATTACHED DOCUMENT ~JJ~ TITLE OR TYPE OF DOCUMENT TITlE(S) o PARTNER(S) o LIMITED [J GENERAL Ie{ NUMBER OF PAGES o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: ~~..;//GJ-- DATE OF DOCUMENT SIGNER IS REPRESENTING: N~TYIIES) ItH SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION.. 8236 Remmet Ave., P.O. Box 7184 -Canoga Park, CA 91309-7184 95 2027325 . ----. I) EXHIBIT uAu LEGAL DESCRIPTION OF PROPERTY THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 8 IN BLOCK 74 OF THE SANTA ANITA TRACT, IN THE CITY OF ARCADIA, AS PER MAP RECORDED IN BOOK 15 PAGES 89 AND 90 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THE SOUTH 10 FEET, AS GRANTED TO THE CITY OF ARCADIA FOR STREET PURPOSES. BY DEED RECORDED IN BOOK 5301 PAGE 368, OFFICIAL RECORDS, AND EXCEPT THE NORTHERLY 10 FEET OF THE SOUTHERLY 20 FEET OF SAID LOT 8, FOR STREET PURPOSES, AS GRANTED BY DEED RECORDED IN BOOK 13593 PAGE 272, OFFICIAL RECORDS. ~ 95 2027325 . . EXHIBIT uB" Itf LEGAL DESCRIPTION OF EASEMENT A PORTION OF LOT 8 IN BLOCK 74 OF THE SANTA ANITA TRACT, IN THE CITY OF ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 15 PAGES 89 AND 90 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF SAID LOT 8 WITH A LINE WHICH IS PARALLEL WITH AND DISTANT 20.00 FEET NORTHERLY FROM THE SOUTHERLY LINE OF SAID LOT; THENCE NORTHERLY ALONG SAID ,EASTERLY LINE NORTH 000 00' 12" WEST 71.78 FEET; THENCE LEAVING SAID EASTERLY LINE AND CONTINUING ALONG A BEARING OF NORTH 160 36' 00" WEST 71.19 FEET TO THE NORTHERLY LINE OF SAID LOT 8, SAID POINT BEING A DISTANCE OF 20.33 FEET FROM THE NORTHEAST CORNER OF SAID LOT; THENCE WESTERLY ALONG SAID NORTHERLY LINE SOUTH 890 59' 52" WEST 10.44 FEET; THENCE LEAVING SAID NORTHERLY LINE AND CONTINUING ALONG A BEARING OF SOUTH 160 36' 00" EAST 94.05 FEET; THENCE SOUTH 00000' 12" EAST 49.86 FEET TO A LINE WHICH IS PARALLEL WITH AND DISTANT 20.00 FEET NORTHERLY FROM THE SOUTHERLY LINE OF SAID LOT 8; THENCE EASTERl.Y ALONG SAID PARALLE~ LINE NORTH 890 59' 52" EAST 3.90 FEET TO THE POINT OF BEGINNING. 95 2027325 1" - N 89' 59t. E 2,85' 50.03' 20.33' L( 'S !i -I I 8 I~ I~ 1::1 o:i '" .J' y CENiERUNE Of' STORM DRAIN ~ paR. LOT 8 BLOC}< 74 <0 ., .; .. ~ ' ~, ~ ~ ~ ~ ~ SANTA M,R. ANJ-rA TR i-5/80-00 , ' CENiERUNE Of' STORM DRAIN 3.90' 'SI '01 :z ~, , 3J ~ /, N ' ;.'. '~l ~ 8 -, 8 8 '0 z z N 89' 59' 52' E 50.03' ~ 'i , ] " /[ ,\'\ ~ ., '. ~ .;, \ Ii' ~ , ~ HUNTINGTON "DRIVE'.: o - L[) 95 2027 --'--'-'-'--'--'------.--.---~--t:-,-~,--,--.--.--,--,---,-------,- 325 '<t ASL Consulting Engineers ____~__-._~ 1I1117 . PA$AOE*. C ....., C PAUl SPR.NlIS C """"'"' c... """ c SIrH IIERtWlDlIlO ('''- (714)717-70.. (118jJ:z0-..422ll (1!CtI).la&-ZJ4+ I"'l"...... tClSl)Jal-JU1 EXHIBIT -B- _............BGM-~"~ ~ - ," . 16' -- 2200.001.92 EASEMENT FOR STORM DRAIN PURPOSES & PEDESTRIAN INGRESS AND EGRESS ':'. ~ I , .. ~..", .....-. " . :,.., , , CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Deed for Storm Drains and Pedestrian Access, dated as of December 11 ,19~is hereby accepted by the undersigned agent on behalf of the CITY OF ARCADIA ("City") and the City consents to recordation thereof, DATED: It.~~ llU\.M1 t.~ M~ By: 95 2027325 KKR50987 -13- }~