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HomeMy WebLinkAboutD-2824 This page is part of your document- DO NOT DISCARD ,� OVL°s 20141297926 + ,j Itket. Pages: *Awl �_, = II I I III III 0021:A: + ecordedlFiled in Official Records 7 Recorder's Office, Los Angeles County, Ott {' " "x California 4 AIIFORO 12/03/14 AT 08:28AM tire PArt 14. (W) FEES: 0.00 TAXES: 0.00 OTHER: 0.00 DEC 2 2 2014 PAID: 0.00 � . I IH I I1I i f 1111111 I1li IC1I I 1I.II`` I tu I► .1I w�l!i�iI1! 1 I 1 111 1111 111 11I1IIti ulu t 1i 1 1i1l1l 1 111 11 61 1 LEADSHEET I 1 111 1 1 11 11 1 1111 111 11 ill 111 1111 11 11 201412032910017 00009899219 I I I I11I III 006521218 SEQ: 01 DAR - Mail (Hard Copy) I II I IH III I I II I II liii 11 liii II III II I II I IIII I I I II 1 I I Ill I I III III I I I I III III 11111 - THIS FORM IS NOT TO BE DUPLICATED - E244265 4 • EXEMPT FROM RECORDER'S FEES Pursuant to Government Code §§6103 and 27383 12/0312014 11 I Recording requested by and when recorded return to: *20141297926* Office of the City Clerk Arcadia City Hall 240 West Huntington Drive Arcadia, CA 91007 (SPACE ABOVE FOR RECORDER'S USE) LICENSE, COSTS,AND MAINTENANCE AGREEMENT Between THE CITY OF ARCADIA, a California municipal corporation, and S&H NO. 1 LLC, a Delaware limited liability company, 24347.00600\8558244.6 1 LICENSE, COSTS,AND MAINTENANCE AGREEMENT BETWEEN CITY OF ARCADIA AND S&H NO. 1 LLC THIS LICENSE AGREEMENT (the "Agreement") is made and entered into as of M4Nb k S"" , 2014, (the "Effective Date") between the City of Arcadia ("City") and S&H . 1 LLC ("Licensee"). RECITALS WHEREAS, the City holds a possessory interest in the portion of Huntington Drive within its jurisdiction ("Right-of-Way"). This City's Right-of-Way includes the air space above the relevant portion of Huntington Drive("Air Rights"); and WHEREAS, safety of the public is of paramount concern to the City, as is the physical integrity of the Right-of-Way, including the Air Rights; and WHEREAS, Licensee desires to construct, and permit its invitees to use, a pedestrian bridge crossing above Huntington Drive, which would connect the proposed medical office building with the Methodist Hospital ("Pedestrian Bridge"). The Pedestrian Bridge shall extend from the second floor of the medical office building at the east elevation and cross Huntington Drive with a 15-foot height clearance to a proposed elevator tower on the Methodist Hospital parking lot. The Pedestrian Bridge is more particularly described in Exhibit "A," attached hereto and by this reference incorporated herein. As designed, it will extend over a portion of the City's Right-of-Way and through the City's Air Rights and the elevator tower area on the Methodist Hospital parking lot, as more particularly depicted and described respectively in Exhibit "B," attached hereto and by this reference incorporated herein(the "Property"); and WHEREAS, Licensee desires to enter and use the Property for purposes of construction and maintenance of the Pedestrian Bridge in a manner which does not interfere with the City's operations or the safe use of the Right-of-Way, including the Property, by the City and other users of the City's Right-of-Way. The City is willing to allow Licensee, its employees, agents, contractors, and invitees, to enter onto and use the Property for purposes of constructing, repairing, maintaining, and operating a Pedestrian Bridge, provided Licensee acts in strict accordance with this Agreement. NOW,THEREFORE, it is agreed: 1. City hereby grants to Licensee a license to enter and permit its employees, agents, contractors, and invitees to enter the Property, located in the City of Arcadia, County of Los Angeles, and described in Exhibit B, as referenced above, solely for the purpose of constructing, repairing, maintaining, and operating the Pedestrian Bridge and related appurtenances (the "Project"), in strict accordance with the provisions of this Agreement ("License"). This License is granted subject to any and all prior and continuing rights and obligations of the City(including City's licensees, successors and assigns), and other users of the Right-of-Way, including, but not limited to, existing and future transportation, utility, communication and pipeline facilities and appurtenances in, upon, over, across and along the Right-of-Way. There is expressly reserved unto the City, and its successors and assigns, the right (consistent with the rights herein granted) 24347.00600 8558244.6 2 to construct, reconstruct, maintain and use existing and future facilities and appurtenances related to the aforesaid uses. 2. If Licensee, its successors or assigns, use the Property for any purpose other than as stated in Paragraph 1 above, or fail to act in accordance with the provisions of this Agreement or act in a manner which interferes with the use of the Property by the City, then the City, its successors and assigns, shall provide Licensee with a timely written notice of any claim of default, meet and confer with Licensee regarding said claim of default, and allow Licensee an opportunity to cure said default so long as Licensee proceeds expeditiously and continuously to cure said default. If Licensee fails to cure said default in a timely manner, the City may revoke or terminate this License, or otherwise exercise its remedies at law or equity against Licensee. 3. The License and permission herein granted is without warranty of title of any kind, expressed or implied, and is subject to all prior licenses, leases, easements, restrictions, reservations, conditions, covenants, encumbrances, right-of-ways, liens and claims of title which may in any manner encumber said Property or the Right-of-Way. 4. The exercise of any and all rights provided by this Agreement is subject all local, state and federal laws. 5. For purposes of Licensee's construction, repair, maintenance and operation related to the Pedestrian Bridge, Licensee will comply with the City's policies, rules and regulations and the instructions of the City's representatives in relation to the proper manner of protecting the City's Right-of-Way and its users. Licensee shall perform such work at such times as shall not endanger or interfere with safe and timely operation of the City's Right-of-Way. 6. Licensee shall obtain any necessary permits, authorizations and permission required for the construction, repair, maintenance and operation of the Pedestrian Bridge from the governmental body or bodies having jurisdiction, including without limitation obtaining from the City an encroachment permit in a form and substance approved by the Development Services Director in his or her absolute discretion for purposes of construction, repair, and maintenance of the Pedestrian Bridge. 7. Licensee shall, at its sole expense, accomplish the following pursuant to this Agreement: 7.1 The design of the Pedestrian Bridge, its support column(s), and the adjacent elevator tower shall limit the use of slate tile to a secondary accent material. The remainder of the tower shall feature materials, colors, and details consistent with the adjacent Methodist Hospital building. The remainder of the Pedestrian Bridge's façade shall feature materials, colors, and details consistent with the adjacent medical office building. The final designs of the Pedestrian Bridge, its support column, and the adjacent elevator tower shall be subject to the approval of the Development Services Director. 7.2 Licensee shall not allow the Pedestrian Bridge to be accessible to members of the general public. Only Licensee, its employees, agents, contractors, and invitees may access and use the Pedestrian Bridge. Licensee shall ensure that all access to the Pedestrian Bridge is secure, especially during non-business hours. Within ninety (90) days following the execution of this Agreement, Licensee shall prepare and present to City a Security Plan detailing the methods 24347.00600\8558244.6 3 it will use to ensure the Pedestrian Bridge is secure and inaccessible to members of the public. This Security Plan must be approved by the City, in its sole discretion, prior to the initiation of use of the Pedestrian Bridge; such approval will not be unreasonably withheld. 7.3 Licensee must obtain permission from Methodist Hospital, as lessee under a lease between the City and Methodist Hospital dated May 28, 1953 as amended on August 5, 1955, July 5, 1956, September 18, 1961, December 23, 1963, August 5, 1980, and February 4, 2009, in order to construct, install, and use the Pedestrian Bridge on the Methodist Hospital property. 7.4 The Pedestrian Bridge shall be maintained in a clean, neat and safe condition and in good repair at all times. Graffiti shall be removed as soon as practicable, but in no event later than forty-eight(48)hours of the time the City notifies the Licensee of the graffiti. 8. Licensee shall permit the City and its authorized agents free access to the Pedestrian Bridge at reasonable times with reasonable notice for the purpose of inspection. 9. Licensee shall permit the City to hang temporary banners from and affix temporary displays to the Pedestrian Bridge at the City's discretion. The City will provide its own banners and displays at no cost to the Licensee. There shall otherwise be no use of the Pedestrian Bridge for advertising purposes. 10. Licensee and its delegates and assignees shall repair and maintain at its expense the Pedestrian Bridge and any public improvements and appurtenances constructed pursuant to the terms of this Agreement and which are over, under, along and across the Property. In performing its repair and maintenance obligations in accordance with this Paragraph, Licensee and its contractors, agents and assigns shall notify the City seventy-two (72) hours prior to any entry onto the Right-of-Way for any purpose (except for emergency maintenance and repairs, in which case Licensee shall notify the City as soon as is possible under the circumstances) and will comply with the City's representatives in relation to the proper manner of protecting the City's Right-of-Way and its users. Licensee shall perform such work at such times as shall not endanger or interfere with safe and timely operation of the City's Right-of-Way. 11. If for any reason under this Agreement the City issues notice to Licensee that the Pedestrian Bridge must be removed or relocated, after receiving written notice from the City, Licensee shall at its sole expense and within ninety (90) days or within such other time as mutually agreed, protect, temporarily or permanently relocate or disconnect, or remove any or all portions of the Pedestrian Bridge that the City determines, in its sole and absolute discretion, that the Pedestrian Bridge is inconsistent or interferes with the City's current or future use of its property for public transit or other purposes. In consideration of the City's agreement to enter into this License, Licensee hereby waives any and all rights it may not have, or hereafter obtain, to any relocation assistance benefits pursuant to federal and state law, if the City requires Licensee to relocate the Pedestrian Bridge or makes use of the Right-of-Way in such a way as to "displace" Licensee from the Pedestrian Bridge. Licensee, further, shall in the future, execute any additional documentation of the release and waiver provided hereby as the City may reasonably require. 24347.00600\8558244.6 4 (&' 12. Licensee agrees that all work to be done hereunder by Licensee in the construction, operation,repair, and maintenance of the Pedestrian Bridge will be done pursuant to a contract or contracts to be let by Licensee to a contractor or contractors or by use of Licensee's own forces, and all work performed thereunder within the limited area of the Property shall be performed in a good workmanlike manner and in accordance with the plans and specifications approved by the City. Only those changes or modifications during construction that affect the Right-of-Way shall be subject to approval by the City, which approval shall not be unreasonably withheld or delayed. All work performed on, over or under the Property shall be done to the satisfaction of the City,provided, however, that by inspecting and approving said plans and work, the City does not assume responsibility for and makes no representations or warranties, express or implied, as to the design, condition, workmanship, or adequacy of drawings, specifications, construction documents, or work. No review, comments, requirements or inspection shall relieve Licensee or Licensee's engineers, contractors, subcontractors or consultants from the entire responsibility for the errors or omissions in the drawings, specifications, or construction documents, or for the quality or adequacy of the work. 13. Upon completion of any construction and maintenance work related to the Pedestrian Bridge, Licensee shall ensure that all equipment, tools, vehicles, or materials are removed from the Property and the Right-of-Way is restored to as close to its previous condition as is feasible. Should Licensee fail or refuse to act in accordance with this Paragraph, the City may at its option, perform such work and in such event Licensee shall promptly reimburse the City for the costs incurred. A failure on the part of the City to exercise its rights pursuant to this Paragraph shall not release the Licensee from liability hereunder or any loss or damage occasioned by its failure to comply with the provisions of this Paragraph. 14. Licensee shall not be permitted to exercise any of the rights or obligations granted by the City under this Agreement until notified by the City that the insurance furnished by Licensee is satisfactory, consistent with the requirements of this License and references herein. 15. The provisions of this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the City and the successors and assigns of Licensee, provided that this License shall not be assignable by Licensee without the express approval and prior written consent of the City. 16. Insurance. 16.1 Minimum Requirements. Licensee shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by Licensee, its agents, representatives, employees or consultants. Licensee shall also require all of its contractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: 16.1.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 24347.00600\8558244.6 5 I 16.1.2 Minimum Limits of Insurance. Licensee shall maintain limits no less than: General Liability: $10,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit. 16.2 Insurance Endorsements. The insurance policies shall contain the following provisions, or Licensee shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: 16.2.1 General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) the City, its officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of Licensee, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Licensee's scheduled underlying coverage. Any insurance or self- insurance maintained by the City, its officials, officers, employees, agents, and volunteers shall be excess of the Licensee's insurance and shall not be called upon to contribute with it in any way. 16.2.2 All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B)any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, officers, employees, agents, and volunteers. 16.3 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, officers, employees, agents, and volunteers. 16.4 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Licensee shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officials, officers, employees, agents, and volunteers; or (2) Licensee shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses. 16.5 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VII, licensed to do business in California, and satisfactory to the City. 16.6 Verification of Coverage. Licensee shall furnish the City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms 24347.0060018558244.6 6 satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 16.7 Reporting of Claims. Licensee shall report to the City, in addition to Licensee's insurer, any and all insurance claims submitted by Licensee in connection with this or under this Agreement. 16.8 Insurance Policy Review. The City, in its sole and absolute discretion, may review and make reasonable adjustments to these insurance requirements no more frequently than once every three years. The City will give written notice of such adjustments to Licensee. The adjustments shall take effect thirty(30) days from the date of notice. 17. It is expressly understood and agreed by Licensee that Licensee shall construct the Pedestrian Bridge and that Licensee thereafter shall maintain the Pedestrian Bridge, without interference or damage to any pipe lines, electric transmission lines, telephone lines, telegraph lines and other facilities of like character, existing or constructed during the continuance of this Agreement, over,under, along and across the Property. 18. Indemnification. Licensee shall indemnify, protect, save, defend, and hold harmless the City, its officials, officers, agents and employees from any and all liability or claim of liability, loss or expense, including defense costs and legal fees and claims for damages of whatsoever character,nature and kind, whether directly or indirectly arising from or connected with an act or omission of Licensee, or any employee, agent, invitee, or contractor of Licensee, or other person acting by or on behalf of Licensee on or about the Right-of-Way, including, but not limited to, liability, expense, and claims for bodily injury, death, personal injury, or property damage; provided, however, that nothing herein shall relieve any party indemnified hereunder from liability to the extent that such liability arises from such party's sole established negligence or willful misconduct. The requirements as to the types and limits of insurance coverage to be maintained by Licensee referenced above, and any approval of such insurance by the City, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by Licensee pursuant to this Agreement, including but not limited to the provisions concerning indemnification. 19. Any contractor or subcontractor performing work on, or in connection with Licensee's use of or entry onto the Property pursuant to this Agreement, shall be conclusively deemed to be the servant and agent of Licensee, acting on behalf and within the scope of such contractor's or subcontractor's employment for Licensee and subject to the provisions of this Agreement. 20. If all or part of the Pedestrian Bridge is acquired by eminent domain or purchase in lieu thereof, Licensee acknowledges that it will have no claim to any compensation awarded for the taking of the Pedestrian Bridge or any portion thereof, including Licensee's interest in the Pedestrian Bridge. Licensee also acknowledges that it will have no claim to any compensation paid as severance damages, or for loss of or damage to Licensee's improvements. 24347.00600\8558244.6 7 q 21. Licensee hereby recognizes and acknowledges that Huntington Drive is located below the Pedestrian Bridge, and that the existence of such road does and will produce vibrations and noise levels which may be considered objectionable by the Licensee, and the employees, agents, tenants, or invitees of the Licensee. With knowledge and understanding of these facts, Licensee by execution of this Agreement, accepts the right to construct, use, operate, own and maintain the Pedestrian Bridge over the Right-of-Way and agrees that no legal action or complaint of any kind whatsoever shall be instituted against the City by Licensee or on Licensee's behalf as result of vibrations and noise levels or as a result of the use of the road in general. Licensee also agrees to indemnify and save harmless the City against any loss, damage, liability or expense which might occur as a result of such action being taken by Licensee, its employees, agents, tenants, invitees, or anyone else on behalf of Licensee. 22. The City's failure to enforce or exercise its rights with respect to any provision hereof shall not be construed as a waiver of such rights or of such provision. 23. The Pedestrian Bridge shall be constructed in accordance with detailed plans approved by all parties to this Agreement and subject to the approval of all appropriate governing bodies, including the City. 24. Licensee shall record this Agreement in the Los Angeles County Recorder's Office against both properties connected to the Pedestrian Bridge, namely the proposed medical office building property and the current Methodist Hospital parking lot property. 25. All notices under this Agreement shall be given to the following: If to City: City of Arcadia 240 West Huntington Drive P.O. Box 60021 Arcadia, CA 91066 Attn: City Manager If to Licensee: S&H No. 1 LLC 613 South Myrtle Avenue Monrovia, CA 91016 Attn: Richard T. Hale Jr., Managing Member All notices shall be deemed served when (a) delivered by hand or by Federal Express or similar service to the other party's address, as set forth below, during normal business hours; or (b) mailed to any other person designated by that party in writing herein to receive notice via certified mail,return receipt requested. [SIGNATURES ON FOLLOWING PAGE] 24347.00600\8558244.6 8 1V SIGNATURE PAGE TO LICENSE,COSTS,AND MAINTENANCE AGREEMENT BETWEEN CITY OF ARCADIA AND S&H NO. 1 LLC In witness whereof, the parties hereto have duly executed this Agreement on the day and year first above written. CITY: LICENSEE: City of Arcadia S&H No. 1 LLC___„ C/ J ' 7 ' i. 'mc La77aretto, ,- anager Richard . Hale Jr., anaging I ember Dated: M��l 5`) Zo 1i Dated: iv\tL 0d4 ti 'JO 1i_ APPROVED AS TO LEGAL FORM: f By: C14•12411 a 14-6tia ... r,., Sin--.+ 6--r-r1 Stephen P.Deitsch, City Attorney A-r6b•. / S ) col A ST: BY: /Al Li if/ // i _ /.f Glasco, Citg Clerk 24347.00600\8558244.6 9 Ei Province of Ontario County of York I, the undersigned, S. Jane Lynn, a Notary Public in and for the Province of Ontario, hereby certify that Mr. John Simonetti is personally known to me and has signed the attached document in his own hand before me. DATED at Aurora, Ontario, Canada, this 5th day of March, 2014. A Not' Pu i •• in and for the Province of Ontario, Canada CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Los Angeles On March 4, 2014, before me, Judy Liang, A notary public, personally appeared Richard T. Hale Jr., who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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. WITNESS my hand and official seal. OCUANLTIFY ORN IA NOTARORPMANUGBE LICC•89680 un 4 ; MD jN — • MY COMM.EXP. JUNE 4,2014-6 j1))4#8177 Signature (Notary Seal) EXHIBIT A PEDESTRIAN BRIDGE DESIGN [INSERT DESCRIPTION OF AND DESIGNS AND SPECIFICATIONS FOR THE PEDESTRIAN BRIDGE] EXHIBIT A-BRIDGE DESIGN 24347.00600\8558244.6 I EXHIBIT "Al" . 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MI t \:-% '!1 / 1 \ �,/, 11111111111 tr 1 X ° / fie. \ BRIDGE 71 IIIEiRtM 1 s 1 Ill IIII ���� —�. ' I I 1 \Li 1 F L .t7® I I ! hoell.n. c„a — .® __ 11111 11 �_ u• 1 2ND FIR CORRIDOR I i VAULi 1 ,,,, ,e..r..,,s tN .►v wa t/tong J3•RCP I I 1 ` / CO TREE = Qe" •�- \,\' . I �,� i CSTptM DRAIN I lA - _ire Shea 1 1 x .10P_AL A.o.z BRIDGE PLAN I .r«. I 1 j EXHIBIT "AZ' HALE - z xAT[OKAY J COVER TO MATOM 7'w'De�'-.........T<:1 ` 1 i w,n: a / ALLM.LATL'MAY y ky !I LOYR 7 ■01 RAIL S,! D[ r.K 0111:112 taM M . yAMC MAY•7 1a.10 ?Oft•E1201,111044 MOM w4i ARIm N I.ST \!JLGM- 11'-0 / PH ORIOPC o.09 RMU I�iAIR0AY S / :C 2. " NM�IMw_�� ww . llil w � m minim nww IIIIIIIIIIIUL IIIIHIIIIIIIIIIIIIIII� IIIIIIIIIIIIIHIlINIIHIIHII�I mini , 1 �-0.OryLGO co.c A00.10R C i w1 WI LLC.III OptN1C fTTrl S'- Q 3. C�'' Ili S?M01 A.1,5.M A ►•1TILCO 11.000 5410 Pill 7` ��p�ty.1`w•C`R,K.` .� O.YM o� ; ...vow G NOu coleacc ,,. _. .. K•• •vir. le> —� _i.1:d'* !IM i,� ' O . .LATe nus saxotAI.` -A'o%,,..,s S Ii7 s• TO JM-a• > 1 v.sl-,. 4- MI 5 ♦ a-,c .s, 4 � . 1Iht11�1aIlI W i I MIN rl, ri 0. I) I ,/ ! / ,, ITJ LA*OSCAPI,.-Y, I . MB it I•/.._ ' `di WEST HUNTINGTON DR .�'I� _...r�� I IHAL� fl eieiicd _I L_____ „ e v*AO ON S ELEVATION Br+oge SU*and GO.G.. ■. KR s"wLT /-. -. - ..._---- 0 7TucOO-sAw Psrol ...SO.., Elevator Tosser 4 `wTw scRA*w mom 7 I 3 299 Met Ps**n2- •MLL OAP __k AIA IALOR LOAT_� ��` TM R�:r- Ma01.G0f00 2 ; ` 3 I 3,....../ .'MG► co L ALNM AM IV .LV,T10M ..R�.� GC' O.LA MOOD A 1 AM ` II TRIM 1� �' .� ; Cwlre. kJ'.1obn�a • 111•1111'rl♦11111 , - —_M DETAIL-A n COVER TO.1,,C... I- • AM IK .'U:GO•.AVD.M..M O JR .., COAT W iv I -�• .. I T�RIOLCT ��wxe Ttl MM LL 1 T•O• 4/ } 010•TOP RAIL ■■ 1 OI• COSTS ` I- NI'.IGK215 I1I1 111111.ppYYYR��I�I�I, I •far;µ K // IIIIIIII r �! _Yid -\e .....7114 iiiill IN 111111:1111 -- - ..\��e: i � v1 *u,--u .�ir.e.� w.. ra ... s�es.�r i \ �u sl �� rrara�s�russrr� - BRIDGE SECTION W ELEV N ELEV E ELEV ' '- s+" i "" AT BUILDING <, 51; 1 \ I A-0.3 BRIDGE ELEVATIONS .%1 1 •I • ft EXHIBIT B DESCRIPTION OF PORTION OF AIR RIGHTS USED BY PEDESTRIAN BRIDGE [INSERT LEGAL DESCRIPTION OF AIR RIGHTS THROUGH WHICH BRIDGE WILL BE CONSTRUCTED INCLUDING THE AREA ON THE METHODIST HOSPITAL SITE WHERE THE PROPOSED ELEVATOR TOWER IS TO BE LOCATED] EXHIBIT B-DESCRIPTION OF AIR RIGHTS 24347.00600\8558244.6 r EXHIBIT "B1 " LEGAL DESCRIPTION OF AIR SPACE EASEMENT IN THE CITY OF ARCADIA, COUNTY OF LOS ANGELES STATE OF CALIFORNIA A 9 FEET WIDE AIR SPACE EASEMENT ABOVE HUNTINGTON DRIVE (80 FEET WIDE) RIGHT OF WAY, IN THE CITY OF ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AS SHOWN ON PARCEL MAP NO. 15852 AS PER MAP RECORDED IN BOOK 179, PAGES 93 AND 94 OF PARCEL MAPS, AND TRACT NO. 949 AS PER MAP RECORDED IN BOOK 17 PAGE 13 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID PARCEL MAP NO. 15852; THENCE ALONG THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID HUNTINGTON DRIVE, NORTH 38'33'00" EAST 72.32 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 77'53'06" EAST 89.34 FEET, MORE OR LESS TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF SAID HUNTINGTON DRIVE; THENCE ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF SAID HUNTINGTON DRIVE NORTH 38'33'00" EAST 10.05 FEET; THENCE NORTH 77'53'06" WEST 89.34 FEET, MORE OR LESS, TO THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID HUNTINGTON DRIVE; THENCE ALONG THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID HUNTINGTON DRIVE SOUTH 38'33'00" WEST 10.05 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. SAID AIR SPACE EASEMENT IS BOUNDED VERTICALLY BETWEEN 15 FEET AND 25 FEET ABOVE ROAD SURFACE OF SAID HUNTINTON DRIVE. ���Q�,P1D Surn,F`o C� ALFRED J 9 -i THELWELL No.6999 i+r Q i� OD' TFOFCf\\-\F ti /// I I o SCALE 1"=30' EXHIBIT "B2" — PLAN VIEW / AIR SPACE EASEMENT / IN THE CITY OF ARCADIA / .5t0'COUNTY OF LOS ANGELES LEGEND STATE OF CALIFORNIA ■ [ / 1= AIR SPACE EASEMENT / / A0' / �0 / LOT 5 /�. / TRACT NO. 949 r� / �<K, ,`o� / M . B . 17- 13 00 / Q` 4� / THE TRUE POINT G' � '� Os W / OF BEGINNING /• ••� \�/ 77 53, �\.NW'LY RIGHT OF / O6 E ` \89.34, P, 8 \� 4A. N WAY LINE OF 9.34' 6 66 1/44 HUNTINGTON DR. THE POINT OF ��� �J� ,4 BEGINNING \ 66 / SE'LY RIGHT OF •„�^� / WAY LINE OF PV \ O. 15852 /• �A� HUNTINGTON DR. P . M . B . 17 9— 9 3— 9 4 v (0`v / C.L. HUNTINGTON DRIVE � , ,�h ESTAB. PER DEED RECORDED 1ND S0 ,`O ' / / IN BOOK 9396 PAGE 145, O.R. ALFRED / ELWELL ,n"Y�, xO� �O� BASIS OF BEARINGS: * EXP. 9-30-15 * 6 O i THE BEARINGS SHOWN HEREON ARE BASED No. 6999 P ON THE BEARING S38'33'00"W OF THE C.L. , / f / HUNTINGTON DRIVE PER DEED RECORDED 7)/ V s • \EC). , A0, / IN BOOK 9396 PAGE 145, O.R. SCALE 1"=20' EXHIBIT "B3" - ELEVATION VIEW AIR SPACE EASEMENT IN THE CITY OF ARCADIA COUNTY OF LOS ANGELES STATE OF CALIFORNIA LEGEND �1� AIR SPACE EASEMENT CENTERLINE fHUNTINGTON — DRIVE 40' 40' RIGHT OF WAY RIGHT OF WAY HUNTINGTON DRIVE HUNTINGTON DRIVE AND PROPERTY LINE AND PROPERTY LINE I I /� �pND s L� LL j :7—ROAD THELVELL � I.0 * EXP. 9-30-15 * '- SURFACE No. 6999 �—q ' —, .q��F CPUF�� P WEST HUNTINGTON DRIVE 1-9 EXHIBIT "B4" LEGAL DESCRIPTION OF EASEMENT FOR INGRESS/EGRESS AND BRIDGE TOWER IN THE CITY OF ARCADIA, COUNTY OF LOS ANGELES STATE OF CALIFORNIA A PORTION OF LOT 5 OF TRACT NO. 949, IN THE CITY OF ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AS AS PER MAP RECORDED IN BOOK 17, PAGE 13 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF THAT PARCEL 2 OF THE LAND DESCRIBED IN DEED RECORDED IN BOOK 12652, PAGE 192 OF DEEDS, OFFICIAL RECORD, RECORDS OF SAID COUNTY; SAID MOST WESTERLY CORNER IS ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF HUNTINGTON DRIVE, 80' WIDE, THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 38'33'00" WEST 358.58 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 51'27'00" EAST 19.68 FEET; THENCE SOUTH 20'30'03" WEST 32.39 FEET; THENCE NORTH 51'27'00" WEST 29.72 FEET, MORE OR LESS, TO SAID RIGHT OF WAY LINE; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 38'33'00" EAST 30.80 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. • EFFECT LAND WITH APN 5775-024-912 � ���� N D SVRG� /v ALFRHED J y TELWELL * No.6 99 * Exp-9-30-15 .3: 9T OP? Op .L�F • • SHEET 1 OF 1 NI S SHEET 1 OF 1 SCALE 1"=50' EXHIBIT "B5" — PLAN VIEW INGRESS/EGRESS AND BRIDGE TOWER EASEMENT LEGEND IN THE CITY OF ARCADIA / 0,<,1/ ( D EASEMENT AREA COUNTY OF LOS ANGELES T `R Fti BASIS OF BEARINGS: STATE OF CALIFORNIA / ti/,y� THE BEARINGS SHOWN HEREON Ao, � N ARE BASED ON THE BEARING S38'33'00"W OF THE C.L. ` HUNTINGTON DRIVE PER 8 5r0'DEED RECORDED IN BOOK o • N - } 9396 PAGE 145, O.R. A/ °° SS POR. LOT 5 \J� �".1 �to ��j. TRACT NO. 949 p`� N' 4) �AgoST ooh, h� M.B. 17-13 'ti �9 CF 4. APN 5775-001-021 ���vo� 6 cti<c�c1 S����� �p1 O � .O ,yTgOS?AO p� ? '/r �,0� �^�p o/ AS�� --' Aot� IP, :::::e 7,9 S,. '1'T 3 . 69?�0 0° +�i(\ / —' 7 '-4'_ •� o. 0 00�` _ o' 7 .`\�• �l, 4, .:0 4.3 Q g)• 4 <,, 34'_. \ M�• ^� o \ Q • ,\ o •�,?g ENO �' tiS .`5r .�� S>?�? o FOR. LOT 5 ?B' oo� / �^�� moo. .z TRACT NO. 949 SSA. 3 �\pND SURF S �Q��. M.B. 17-13 `'>•q0 p, �5�' X09 9�' / A0, 8p• �Q �<v �c<` / c`4 ALFRED h`1 PAP APN 5775-024-912 +4 Z -0-kEl`I'�EL� �,� ..,,\<ot / p0 10.6999 0 4(2 / RD Gj��'Y� \\ �` ExA `�:\1\5"D°�.0 / T��i F �°o