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HomeMy WebLinkAboutD-2517 .' .. - . 96 701719 , 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 pl 1 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. 1 , 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 2 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. 3 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. 4 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: ~ 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 5 96- 7017i9 ~ 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 '; ~ + , , o --0 - P.O.B. N.E. CORNER LOT 5 TR. NO. 949 M,B. 17/13 T g HUN~GTON - DRIVE 6}/> 1- t (WEST) ~/ / / / 1 . ,I' o '" / / (~ \)\ (~ I '" C}~ '" 7C , a ~~4-~ <~' / '~~ /" :,\ 'c, ~ IQ ~,~ /" <?:) C) , '---I ~ / I '0 ^-, / ~(.(\ ~6 ~~ /$ $'..... ~<f' -t~~ / 6;0. ~ '? -to. I ~(q / Q~ ;Y y ~ ~ I STORM DRAIN EASEMENT iil . , " J! ~ m . ~ , N o i .,; , ~ Ii ~ ~ m ~ ,; ;; :€ o :;. 0CSl0'C1I"f """"11"11 ()I[txmn 0" ,....vI Z OlilAlIN BY C V.....SCHOYC~ DAlE 02/211118 / 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 J200[O.11'"""thlnllO....., ",n. 3~~"'''''''''G.C''' '1107 "'" ,- = 50' ,."" 2220.001