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~IRST AMERICAN TrTLECOMPANYOFLA.
.SUBDIVISION' '95 2027325
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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
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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
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95 2027325
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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
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95 2027325
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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
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95 2027325
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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
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95 2027325
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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
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KKRS0987
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95 2027325
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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
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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
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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:
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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
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".....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
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, 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
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: .' 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.
~
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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
.
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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
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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
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CENiERUNE Of' STORM DRAIN
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EXHIBIT -B-
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2200.001.92
EASEMENT FOR STORM DRAIN PURPOSES
& PEDESTRIAN INGRESS AND EGRESS
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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
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