Loading...
HomeMy WebLinkAboutD-27730-2_773 E<0.5J57 ili This page is part of your document - DO NOT DISCARD 1 1 R 20100510009011 11 11 11 0000234329 Recorded /Filed in Offic al Records Recorder's Offce, Los Angeles County, California III 002675338 EQ: 01 20100638783 11 11 II 1 IUH II iu 11H 05/10/10 AT 03:49PM IIUIs iiiNa m 11011111 1111011011111 11 NMI 11111 111 THIS FORM IS NOT TO BE DUPLICATED 1 1 III II All 11 P 0010 : FEES: 0.00 TAXES: 0.00 OTHER: 0.00 PAID: 0.00 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Arcadia P. O. Box 60021 Arcadia, CA 91066 -6021 PATRICK M. HOWARD and SUSANNAH C. HOWARD, husband and wife as joint tenants, are the owners of that certain real property situated in the County of Los Angeles, State of California, described as follows: Lot 10 of Tract No. 23144, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 624 Pages 61 and 62 of Maps, in the office of the County Recorder of said County; and (No recording fee Pursuant to Gov't Code Section 27383) NON - EXCLUSIVE SLOPE EASEMENT commonly known as 2248 Highland Oaks Drive in the City of Arcadia, County of Los Angeles, State of California. LEGAL DESCRIPTION 1 otos For valuable consideration, receipt of which is hereby acknowledged, PATRICK M. HOWARD and SUSANNAH C. HOWARD (herein referred to as Grantors), do hereby grant to the City of Arcadia, a municipal corporation (herein referred to as Grantee), a non - exclusive easement to enter, construct, maintain, repair, and restore the slope and improvements on the real property legally described as follows: PORTION OF LOT 10 OF TRACT NO. 23144 IN THE CITY OF ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 624, PAGES 61 AND 62, OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID LOT 10; SAID POINT BEING THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 50.00 FEET; THENCE ALONG THE EASTERLY LINE OF SAID LOT, N 11° 28" 40" E 128.56 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 286.21 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 51.82 FEET THROUGH A CENTRAL ANGLE OF 10° 22' 22' TO A POINT. A RADIAL LINE TO SAID POINT BEARS S 68° 08' 58" E; THENCE LEAVING SAID CURVE, N 87° 17' 59" W 33.01 FEET; THENCE S 8° 50' 43" W 24.53 FEET; THENCE S 6° 15' 43" E 10.08 FEET; THENCE S 5° 21' 42" W 68.86 FEET; THENCE S 12° 10' 08" E 17.19 FEET; THENCE S 7° 41' 19" W 9.15 FEET; THENCE S 32° 26' 48" W 37.06 FEET; THENCE S 20° 24' 17" W 20.67 FEET; THENCE S 47° 31' 59" E 24.68 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT ON A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 50.00 FEET. A RADIAL LINE TO SAID POINT BEARS N 54° 47' 49" W; THENCE NORTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 20.70 FEET THROUGH A CENTRAL ANGLE OF 43° 29' 59" TO THE POINT OF BEGINNING. More completely described in Exhibits "A" and "B ". Subject to all matters of record, and to the following reservations and restrictions by which the Grantors and Grantee agree: 1. Grantors shall not utilize the easement area for any use such as planting, denuding, irrigating, grading, fencing, or making any improvements without first obtaining the written consent of the Grantee through the City Manager or other City employee as the Grantee may designate in writing to the Grantor. 2. Grantor shall not enter the easement area unless for an emergency or with the written consent of the Grantee through the City Manager or other City employee as the Grantee may designate in writing to the Grantor. 3. Grantor shall make every reasonable effort to drain or redirect surface water from the portion of Grantor's property adjacent to the easement area, including all roof drainage, exterior decks, patio areas, pool area decks and pool water, away from the easement area. 2 4. Grantee shall allow City employees or City contractors reasonable entry on and over that portion the Grantors' property adjacent to the easement area to have access to the easement area for purposes of maintenance of the easement area and its improvements. 5. This easement will be construed together with the Mutual Release and Settlement Agreement between the parties hereto dated July 17, 2008 and in the event of any conflict the terms of the Mutual Release and Settlement Agreement will prevail over the terms of this easement. 6. Grantors hereby agree to indemnify, hold harmless and defend the Grantee from any claims of property damage, injury or death arising from or caused by Grantors' use of, entrance onto, planting, irrigating, draining onto or possession of the slope area as described above. 7. Grantee hereby agrees to indemnify, hold harmless and defend the Grantors and their successors from any claims of property damage, injury or death arising from or caused by Grantee's entrance, construction, maintenance, repairs or restoration of the slope area as described above or the upper property as described in Paragraph 4 hereof. DATED: March /4: , 2010 DATED: March // , 2010 DATED: March 1b , 2010 APPROVED AS TO FORM: 0, 0 Stephen P. Deitsch City Attorney "Grantors" 3 Patrick . Howard, Grantor Susannah C. Howard, Grantor CITY OF ARCADIA "Grantee" Donald Penman City Manager Land S....pi...• IY...M..{•L.nd D..1.pn.^I Ray Lombera & Associates, Inc. Land Surveying.Planning.Land Development 5015 Eagle Rock Blvd. Suite # 210. Los Angeles CA. 90041 Tel 323/257 -9771 Fax 323/257 -9865 www.raylombera.com PROJECT NAME: 2248 HIGHLAND OAKS DRIVE, ARCADIA, CA 91006 DATE: 03 -01 -10 (APN: 5765 - 030 -013) EASEMENT LEGAL DESCRIPTION: PORTION OF LOT 10 OF TRACT NO. 23144 IN THE CITY OF ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 624, PAGES 61 AND 62, OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID LOT 10; SAID POINT BEING THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 50.00 FEET; THENCE ALONG THE EASTERLY LINE OF SAID LOT, N 11° 28" 40" E 128.56 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 286.21 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 51.82 FEET THROUGH A CENTRAL ANGLE OF 10° 22' 22' TO A POINT. A RADIAL LINE TO SAID POINT BEARS S 68° 08' 58" E; THENCE LEAVING SAID CURVE, N 87° 17' 59" W 33.01 FEET; THENCE S 8° 50' 43" W 24.53 FEET; THENCE S 6° 15' 43" E 10.08 FEET; THENCE S 5° 21' 42" W 68.86 FEET; THENCE S 12° 10' 08" E 17.19 FEET; THENCE S 7° 41' 19" W 9.15 FEET; THENCE S 32° 26' 48" W 37.06 FEET; THENCE S 20° 24' 17" W 20.67 FEET; THENCE S 47° 31' 59" E 24.68 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT ON A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 50.00 FEET. A RADIAL LINE TO SAID POINT BEARS N 54° 47' 49" W; THENCE NORTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 2Q 7_ FEET THROUGH A CENTRAL ANGLE OF 43° 29' 59" TO THE POINT OF BEGINNING. " EXHIBIT A" PLAT /' 0 '4 A oo ..., 44 7 • /' () EXHIBIT "B" 0 12.5' 25' 6 SCALE: 1"=25' DATE: 03 -01 -10 KEY MAP NTS / D.!' of. L P 03.421 4�g9 W �_ JJ" -- g78 °4210" 49 J7. o 0 � S � ' W R L A Co 0 0 p W c) z co co (xi Z co W y C CY CZ ' CV V N 87 ° 17'59" W 33.01' 7 Ray Lombera & Associates S \ 8 0 8,& \ \ (RAI , Land Surveying Planning Land Development 5015 EAGLE ROCK BLVD.. SUITE 210 LOS ANGELES. CALIFORNIA 90041 TEL. (323) 2579771 FAX. (323) 257 -9865 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT �rrS�q -�: J�S�S�...�Z�.�.� <�S!Tt�>�. g;a>✓- �.�.s�.'3 .✓.z�S!�> t� ;�S �.!��i � t�:��S✓= i�t�4� <��C!siv�a�!9a. On 3- 4 - /6) before me, h54 //' t e // s-se,Idef't, ate , Here Insert Name and Title of the Officer a A. o otird State of California County of 0‘5 �15 cJtS D personally appeared UM MARIE MUSSENDEN Commission #F 1737305 Notary Public - California _ t Los Angeles County My Comm. Expires Apr 7, 2011 Place Notary Seal Above Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(q'whose name($) is /ar4 subscribed to the within instrument and acknowledged to me that he /sl(e /tlAy executed the same in his /her /their authorized capacity(il , and that by his /IXr /tXr signature(,a'j on the instrument the person($ , 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 arld official seal. Signature OPTIONAL Signature of Notary Public 9 Y Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached D cument Title or Type of Document: !V eri 1 l (CI1AS; V e �[ / 6 C ? Document Date. 3 �' o)6 / 6 Signer(s) Other Than Named Above: Number of Signer Is Representing: Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1 -800- 876 -6827 7 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT :�..�c� v�sg�q�� .•���e�c,�s�.'t;�.g�✓tat�e a t�.�..'S Y�. �'✓: �t�J���S��.', �satAT�t�s��� <��.✓�R�.- �.'�f;c��F;iaS�`;�a: ~~jai State of California County of (AS ont3' /k/o Date personally appeared USA MARE MUSSENOEN Commission # 1737305 Notary Public - CalHonlo Los Amities County My Comm. Expires Apr 7.2011 Place Notary Seal Above Title or Type of Document: Document Date:(- ..- /e Capacity(ies) Claimed by Signer(s) Signer Is Representing: e/`s /}� y � before me, � 56( // Ulric /l(ff *flee/ /y /C Here Insert Name and Title ofthe Officer 54S ann 4,_19 41ard Name(s) of Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Description of Attached Do ument // 1 Do C l4Si ✓e J /ope ceaJCi� ni RIGHT THUMBPRINT OF SIGNER Top of thumb here } who proved to me on the basis of satisfactory evidence to be the person(01 whose name(sj is /are subscribed to the within instrument and acknowledged to me that /she /thO' executed the same in Wher /the( authorized capacity(i96), and that by f /her /t Ir signatureKon the instrument the persons , or the entity upon behalf of which the personVf 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. Signatur OPTIONAL WITNESS hand and off'_ial seal. Signer Is Representing: Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Number of Pages: Signer(s) Other Than Named Above: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotary.org Item 85907 Reorder: Call Toll -Free 1- 800 - 876 -6827 ATTEST: CITY OF ARCADIA CERTIFICATE OF ACCEPTANCE SLOPE EASEMENT This Certificate of Acceptance pertains to the easement interest in certain real property conveyed by the Grant of Easement dated tct c4' , 2010 ( "Slope Easement ") and to which this Certificate of Acceptance is attached, From: Patrick M. Howard and Susannah C. Howard, owners of 2248 Highland Oaks Drive To: CITY OF ARCADIA, a California Municipal Corporation ( "Grantee ") Said Slope of Easement is hereby accepted by the undersigned officer on behalf of Grantee pursuant to authority conferred by the Grantee's governing body, and Grantee hereby consents to recordation of said Slope of Easement. Dated: March I Q , 2010 CITY OF ARCADIA, a California Municipal Corporation By: - -�-2 Donald Penman City Manager CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c�- .✓ -^�_> tS>;s�. j.�- �.'tt✓, -�.'> tt!�S�t�t�t�t�at . N�t�. stAR st/':t.TSY7Yc�. wtv. sAtl'as\tAAt tWvT.W'MAISt:\ v'envT �• To, State of California County of 4 4ii e/e s c On J - /810 before me, •i4 AIaf C NuJJehIen N far Aw:c Date Here Insert Name and Title of th■Officer personally appeared plonwt l Lt PL/1 n7 ail Place Notary Seal Above Description of Attached Document Title or Type of Document: Document Date: 3-- 8 —1 o Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here } OPTIONAL Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(y1 whose nameVslis/a,P6 subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /I r /th%r authorized capacity(iK, and that by histpf/tpeir signaturei„a5 on the instrument the person(,a'j, or the entity upon behalf of which the persons') 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 hand a official seal. Si 9 natur Gr Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Number of Pages: Ck Signer(s) Other Than Named Above: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 o