HomeMy WebLinkAboutD-2517
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96
701719
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Arcadia
240 W. Huntington Drive
P. O. Box 60021
Arcadia, CA 91066
Attn: City Manager
RECOROEDIFILED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
2:21 PM MAY 03 1996
{ SPACE ABOVE THIS LINE FOR RECORDER'S USE)
Exempt from recording fee, per Government Code
Section 6103
Documentary Transfer Fee is: NONE
Governmental Allencv exemnl ner Revenue and
Taxation Code Section 11922
IFREE
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EASEMENT DEED
FOR
STORM DRAIN (METHODIST HOSPITAL)
1. Grant of Easement.
FOR VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged, the CITY OF ARCADIA (hereinafter referred to as "Grantor or City") does
hereby grant and convey to Arcadia Methodist Hospital (hereinafter referred to as "Grantee")
an easement (hereinafter referred to as "Easement") in, over and under that certain real
property described and depicted in Exhibits "A" and "B" attached hereto (hereinafter referred
to as "Property"), for the purposes of:
Excavating, installing, operating, maintaining, repairing and replacing,
as deemed reasonably necessary by the City, at the sole cost and expense
of the Grantee, i.e., a private storm drain system transversing a public right of
way, together with such additional appurtenances reasonably related to the
operation thereofas..approved by the Grantor.
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The Easement granted herein is set forth, legally described and depicted in Exhibits
"A" and "8" attached hereto. The Easement conveyed by this Agreement is an Easement to
be held by the Grantee for the benefit of Grantee's property and its successors in interest.
City specifically acknowledges and agrees to the right of the Grantee to use the Easement for
the purposes set forth above.
2. Term. This Agreement and the Easement described herein shall be perpetual;
2. I Provided, however, in the event that the Easement is no longer required
for storm drainage, 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, 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.
3. Restrictions on Use: City and Grantee 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 Easement.
3.2 Grantee 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
Easement, nor shall Grantee 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 the City.
3.3 No other easement shall be granted on, under, or over the Property
without obtaining the prior written consent of the City.
3.4 The Easement granted shall not prevent otherwise lawful pedestrian,
vehicular or other access to the Property and improvements thereon, except as may be
temporarily and reasonably necessary to the exercise of those rights of the Grantee described
in Paragraph 1 herein.
96- 701719
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4. No Obstruction ofEasement~. Neither party will block, 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. Each 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 Grantee 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.
All work related to construction and maintenance of the storm drain on and about the
Easement area shall be done in a manner most consistent with non-interference to the normal
use of Huntington Drive. All such work must be approved by the City in advance and shall
be subject to conditions imposed by the City in the form of a written permit.
5. Taxes and Assessments. Grantee 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 Grantees
improvements located on the Property, or the Grantees personal property located on the
Property .
6. Indemnity/Insurance. The Grantee shall hold harmless and indemnify the
Grantors for any losses, claims, lawsuits and damages to Grantors that arise out of the
negligence of the Grantee 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 (Government Code Section 800 et seq.). The
Grantees shall hold harmless and indemnify the City for any losses, claims, lawsuits and
damages to City that arise out of the negligence of Grantees with respect to the Easement.
Liability insurance in a form and amount satisfactory to the Arcadia City Attorney shall be
provided and kept in force, naming the City of Arcadia as an additional insured.
7. Severability. If any portion of this Agreement is declare by a court of
competent jurisdiction to be invalid or unenforceable, the remaining provisions of this
Agreement shall continue in full force and effect.
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96- 701719
8. Attorneys' Fees and Costs. Ifany 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. Governing 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. Capti(ll}S. 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.
II. Entire Agreement. This written document contains the entire agreement of the
Grantee 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. Binding 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
parti es.
13. Default. In the event ofa 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
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.
Nothing in this Paragraph 13 shall modify, limit orabridge any rights the City may
have pursuant to statute, court decision, or City's Municipal Code concerning the abatement
of public or private nuisances.
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o 96- 701719
IN WITNESS WHEREOF, the parties hereto have executed this instrument this
12th day of March
,1996.
GRANTEE:
"Arcadia Methodist Hospital"
By:
D. N\. ?-
By:
AGREED AND ACCEPTED:
GRANTOR:
"City of Arcadia"
By:
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Dated:
~.I4.ip
,1996
William R. Kelly
City Manager
ATTEST:
U ne D. Alford
City Clerk
By:
APPROVED AS TO FORM:
By: ~~ J{er 11~
City Attorney
Dated: 3, - / Lj
,1996
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96- 7017i9
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EXHIBIT "A"
LEGAL DESCRIPTION
A 30-FOOT EASEMENT FOR STORM DRAIN PURPOSES OVER A PORTION OF
HUNTINGTON DRIVE-EAST (60 FEET WIDE). IN THE CITY OF ARCADIA,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON C.S.B.
1080-1, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, BEING 15 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
BEGINNING AT THE NORTHEAST CORNER OF LOT 5 OF TRACT NO. 949
RECORDED IN BOOK 17 PAGE 13 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, SAID POINT ALSO BEING THE INTERSECTION
OF THE CENTERLINE OF HUNTINGTON DRIVE-WEST (100 FEET WIDE) AS
SHOWN ON SAID C.S.B. 1080-1, AND THE NORTHEASTERLY PROLONGATION
OF THE WESTERLY LINE OF SAID HUNTINGTON DRIVE-EAST; THENCE
SOUTHWESTERLY ALONG THE EASTERLY LINE OF SAID LOT 5 SOUTH 380 33'
00" WEST 2604.92 FEET TO A POINT ON SAID EASTERLY LINE, SAID POINT
ALSO BEING ON THE WESTERLY LINE OF SAID HUNTINGTON DRIVE-EAST
AND BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 170 25' 51"
EAST 72.39 FEET TO THE EASTERLY LINE OF SAID HUNTINGTON DRIVE-
EAST.
THE SIDELINES OF SAID EASEMENT SHALL BE LENGTHENED OR
SHORTENED SO AS TO TERMINATE AT THE WESTERLY AND EASTERLY
LINES OF SAID HUNTINGTON DRIVE-EAST.
96- 701719
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N.E. CORNER LOT 5
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96- 701719
ASL Consulting Engineers
~ PASADENA
o IRVINE
o PAl../oI SPRINGS
o CAMARILLO
o SAN OlEGO
a SAN BERNARDINO
(818)683-0066
(714)727-7099
(619)320-4220
(805)388-234.4-
(619)673-5!105
(909)381-3666
EXHIBIT -B-
EASEMENT FOR STORM DRAIN PURPOSES
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