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Home My WebLink AboutD-2791 This page is part of your document - 0 20 4 11 :1K.- ; u von, Recorders Ofgn County, I 04/06/11 AT 08:22AM W„r, 1 ,c a Wit; FEES: 0.00 TAXES: 0.00 y 511( ia4"1 PAID: 0.00 II I 1 1 lll ll 1 IIO 1 II 1 1 1 I lI 1 NH I 1 III 11 1 lll 11 110 11 IIIII 1101 1 Ill II 1 111111 lIl 111 III llll 0 I� 110 llI I III 20 10405003000 III I11IVIII!YIIII SEQ: 01 1110! 0000 II II 0 1 1110 II IIIII 101 I0I 000110110111 10 11111 111 111 IlilUl 111 IIl 1111111111101100111110 I 010 11011101110 1101111 THIS FORM IS NOT TO BE DUPLICATED MOW ='r 1 0 4/05/2011 RECORDING REQUESTED BY AND 1111 0 10 1111 111010 WHEN RECORDED MAIL TO: *20110497483* City of Arcadia 240 W. Huntington Drive Arcadia, CA 91066 Attention: City Attorney Exempt from Recording Fees per Govt. Code §27383 FIRE LANE AND EMERGENCY ACCESS DRIVEWAY EASEMENT THIS FIRE LANE AND EMERGENCY ACCESS DRIVEWAY EASEMENT ( "Easement ") is executed as of this 17141 day of rnarc)i , 2011, by and between 720 WEST CAMINO REAL, LLC, a California limited liability company ( "720 ") and ACH HEALTHCARE PROPERTY, LLC, a California limited liability company ( "ACH ") and is made with reference to the following facts: RECITALS A. 720 is the successor -in- interest to Orlando Clarizio, Sr. and Victoria Clarizio (collectively "Clarizio, Sr. ") as owner of that real property located at 720 West El Camino Real, Arcadia, California and more particularly described in Exhibit "A" attached hereto ( "720 Property "). B. ACH is the successor -in- interest to Clarizio, Sr. as owner of that adjacent real property located at 1601 South Baldwin Avenue, Arcadia, California and more particularly described in Exhibit "B" attached hereto ( "ACH Property "). C. 720 and ACH desire by this Easement to provide a right of access, ingress and egress to the 720 Property and the ACH Property over a driveway easement area that will also be a fire lane for the benefit of and use by the City of Arcadia ( "City ") for full and unrestricted fire and emergency access to the 720 Property and the ACH Property in times of fire, emergency or natural disaster. FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, 720 and ACH agree as follows: 1. Driveway Easement. ACH hereby grants and create over the northerly twenty (20) feet of the ACH Property ( "Driveway ") a perpetual, non - exclusive easement for access, ingress and egress for Driveway purposes for the benefit of the 720 Property, the ACH Property and the City. 24347.00600 \5741712.5 1 w✓ 2. Use of Driveway. The Driveway will be used for access, ingress and egress for fire lane and emergency access purposes. Neither 720, ACH nor their employees, agents, representatives or business visitors will use the Driveway for the parking, loading or unloading or other stationary use by vehicles. Neither 720 nor ACH nor any persons acting on their behalf will cause or allow the Driveway to be obstructed by walls, fences, structures or other temporary or permanent barriers of any type; provided, however, that with the prior written consent of the City and 720, ACH may, from time to time, temporarily restrict access to the Driveway if and as necessary in order to prevent the Driveway from being subject to an implied dedication for use by the general public. 3. Fire Lane Signage and Curb Color. In compliance with California Vehicle Code Section 22500.1, ACH, on the side of the Driveway adjacent to the ACH Property and 720, on the side of the Driveway adjacent to the 720 Property, will cause appropriate signage to be posted designating the Driveway as a fire lane and will further cause the curbs along the full length of each side of the Driveway to be painted red and clearly marked with the words "Fire Lane." 4. Maintenance. ACH will maintain the Driveway at all times in good repair, free from potholes, obstructions or other impediments to emergency vehicle access. Maintenance of the Driveway by ACH will also include continuing compliance with the requirements of Vehicle Code Section 22500.1, as it may be amended from time to time, including appropriate maintenance of fire lane signage and painted curbs. 720 grants to ACH the right to maintain fire lane signage and curbs on that portion of the 720 Property immediately adjacent to the Driveway. 5. Breach. Any alleged breach of the rights and obligations set forth in this Easement may be the subject of appropriate legal action in any court having jurisdiction, in order to enforce the terms and provisions hereof. In the event of such legal action, the party prevailing therein shall be entitled to an award of attorneys' fees and costs. 6. Termination; City Consent. The Easement described herein is for the benefit of 720, the 720 Property, ACH, the ACH Property and the City (the City being a third party beneficiary with respect thereto). This Easement may not be modified or terminated without the prior written consent of the City, which it may grant or withhold at its sole discretion, based upon public safety requirements and considerations. Any attempt to terminate without such consent will be null and void. 7. Covenant Running with the Land. This Easement constitutes a covenant running with the land, pursuant to the provisions of California Civil Code Section 1468 and will therefore, upon its recording, constitute an easement and encumbrance affecting the 720 Property and the ACH Property and the successor owners thereof. 8. Counterparts. This Easement may be executed in counterparts, with originally executed counterpart signature pages and notary acknowledgements being attached to a single form of this Easement for purposes of recording, which document will constitute an original Easement, binding upon all parties. 24347.00600 \5741712.5 2 IN WITNESS WHEREOF, the undersigned have executed this Easement as of the date set forth above. 720: 720 WEST CAMINO REAL, LLC, a California limited liability company By: Y: Its By: Its: ACH: ACH HEALTHCARE PROPERTY, LLC, a California limited liability company By: Its: By: Its: The City of Arcadia hereby consents to the execution and recording of this Easement. CITY OF ARCADIA, a municipal corporation B - r-Q P �„� -�„-� Donald Penman Its: City Manager 24347.00600 \5741712.5 3 IN WITNESS WHEREOF, the undersigned have executed this Easement as of the date set forth above. 720: 720 WEST CAMINO REAL, LLC, a California limited liability company By: Its: By: Its: ACH: ACH HEALTHCARE PROPERTY, LLC, a California limited liability company 1r tJ L By: s: O' B Its: MINIMM; The City of Arcadia hereby consents to the execution and recording of this Easement. CITY OF ARCADIA, a municipal corporation B r "Py -a.._J Donald Penman Its: City Manager 24347.00600 \5741712.5 3 ACKNOWLEDGMENTS STATE OF CALIFORNIA ) COUNTY OF C ^3Q \PS ) On 17 .2(41 before me, T.(, SofenJcin tO A, I I. C (here insert name and title of the officer), personally appeared da I. e CA r, IC u r , who proved to me on the basis of satisfactory evidence to be the personfe) whose named is /are subscribed to the within instrument and acknowledged to me thatAts /she /they executed the same in }yis /her /tletr authorized capacity,(iias% and that by }xis /her /their signature,(%) on the instrument the person(s), 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. J. C. SORENSON ! Commission N 1826232 • 1 Notary Pubic - Cs Rornla ' ., J Los Mg Nss Cou Signature _ N>/ Comm. Era Jan 7, 2013 (Seal) STATE OF CALIFORNIA ) COUNTY OF to 5 iti5cI t-S ) On 3- I .1.".x'01 I before me,hk inane , � uucnd c,,, NMIWI1 P14411‘ (here insert name personally PP GI and title of the officer), appeared YDn4 [ n JZI1 , who P t proved to me on the basis of satisfactory evidence to be the person(g) whose name(i) is /3 subscribed to the within instrument and acknowledged to me that he /s0f/tlAy executed the same in his /hF /tl it authorized capacity), and that by his / /tVir signature on the instrument the person(�j, or the entity upon behalf of which the person96 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. LISA MARIE MUSSENDEN r p_ Commission # 1737305 i Notary Public - California t Loa Angeles County Signature ��_► Comm. Expires Apr 7, 1011 (Seal) Seal 24347.00600 \5741712.5 4 a i ACKNOWLEDGMENTS STATE OF CALIFORNIA ) COUNTY OF L.A. f Al CA-4-5 ) r Sue Hasfwler, a notary public On F totvo'i 2S D 'J before me, 1 (here insert name and title of the officer), personally appeared ;w o C L w : z : a , who proved to me on the basis of satisfactory evidence to be the erson ) whose reAt (s) i Yare subscribed to the within instrument and acknowledged to me that she /they executed the same in „at er /their authorized apace - t(ies), and that by i er /their i atur s) on the instrument their -rso , s), or the entity upon behalf of which the erso) 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. ,,. "''%%., SUE HASSELER WITNESS my hand and official seal. f - ,,o"' , ,f,,- COMM. # 1529011 e <1 4 , - . NOTARY PUBLIC, CALIFORNIA S J LAS ANGELE C OUNTY 1 . • ` My Comm. Expires J 1, 2013 /.../ 'tY ' Yl, V11ILVyww Signature i% _4/A I r (Seal) , Sue Hasseler, NP, CNSA Comm: 1829011 Comm Exp: 01/01/13 STATE OF CALIFORNIA ) COUNTY OF Los - -e--i ) Once ""'1 20 + t before me, 5U a 10tary public (here insert name and title of the officer), personally appeared M ; vh«. wi.. V. £ L. r z ; ,) , who proved to me on the basis of satisfactory evidence to be the ■•erso s) whose ■I (s)I,� Yare subscribed to the within instrument and acknowledged to me tha tr, she /they executed the same in &her /their authorized apacit�(ies), and that by i he /their nature s) on the instrument the ersonjs), or the entity upon behalf of which the erson ) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the f foregoing paragraph is true and correct. WITNESS my hand and official seal. a, i ,, i coM ::::n9o: 1 u�. "':. A.. NOTARY P LIRNIA 3 ,141 '` n j. LAS AN OUTY , -.4 .. " MY Comm. 2013 +'c "`'°ti's- ''Y tiwn ryyy �. w , y ,� ` Signature i � � (Seal) / Sue Hasseler, NP, CNSA Comm Comm Exp: 01/01/13 24347.00600 \5741712.5 4 STATE OF CALIFORNIA ) COUNTY OF �-S A �� u�s ) Sue Howler, a notary public On PM•rawi L p 29 before me, (here insert name and title of the officer), personally appeared Or L war) a L av-ez a J R- , who proved to me on the basis of satisfactory evidence to be the erso s) whose Cr s) Gare subscribed to the within instrument and acknowledged to me that she /they executed the same in Itar er /their authorized cii Icaapaa ies), and that b ( er /their rganatuj(s) on the instrument the l• erso ' s), or the entity upon behalf of which the ersory(s) 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. .•"' "• > SUE S ELER WITNESS my hand and official seal. „ ",,.,, #; ' 1. comm.* 1829011 r 79. i %. J NOTARY PUBLIC, CALIFORNIA i /// LOS ANGELES COUNTY / Fop. My Comm. Expl ros Jm 1, 2013 Signature (Seal) sue Hasseler, , Comm CNSA Comm Exp 01/01/13 STATE OF CALIFORNIA COUNTY OF 1.0 4 On 3 - 22' 0 I I before me, (11 RIlQ ' i ( » den 1 1'0 u 1 ?t i; c (here insert name and title of the officer), personally appeared ])6nul a yin kieut,e) , who proved to me on the basis of satisfactory evidence to be the personV) whose name) is /pre subscribed to the within instrument and acknowledged to me that he /Ofe /thki executed the same in his/V. /their authorized capacity), and that by his /hth, ti 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. USA MARIE MUSSENDEN , I ; Comm(sslon # 1737305 natu / g r � � f Notary Public - California _ Si r-ry 1O° Angeles cam g ' "' My Comm. Expires Apr 7, 2011 (Seal) 24347.00600 \5741712.5 5 i SUBORDINATION The undersigned, as Beneficiary of the beneficial interests in and under those certain Deeds of Trust ( "Deeds of Trust ") dated February 8, 2008 and January 4, 2011 and recorded on February 13, 2008, as Instrument No. 20080260908 and January 13, 2011 as Instrument No. 20110074886, in the Official Records of Los Angeles County, California, hereby expressly subordinates such Deeds of Trust and its beneficial interests thereunder to the foregoing Fire Lane and Emergency Access Driveway Easement (the "Easement "). By executing this Subordination, the undersigned agrees that should the undersigned acquire title to all or any portion of the Property by foreclosure (whether judicial or nonjudicial), deed -in -lieu of foreclosure or any other remedy in or relating to the Deeds of Trust, the undersigned will acquire title subject to the provisions of the Easement, which shall remain in full force and effect. Dated: //WC/ Z 9 , 2011 CITIZENS BUSINESS BANK, a 4RCAi , C'4 3/0 By: LI / A G4--- Nam: O I4)/ 4 °k. Its: ff sera ..- e..ract mow ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY 0 � A'1 tC' t.e . i. 1 ) �c On v4 f� 7/ itt74,7B/j before me, • /. • ti t ; A.) Ic v ,cta , (here insert name and t• of lie officer), personal y appeared . rW1J ---- , who proved to me on the basis of satisfactory evid-nce to . - the person{' whose name(.)) islare subscribed to the within instrument and acknowledged to me that he /eh 1 y executed the same in his/her/tier authorized capacity(iesr), and that by his/hef /thd'r signature(ej'on the instrument the person(ef,' or the entity upon behalf of which the person(tr) 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. I� It ■ Commission • 11120793 L ;; t , Notary Milo - California Signature L CtL C - „e-c ` _ Comm. ` p 1 eal) 24347.00600\5741712.5 6 F SUBORDINATION The undersigned, as Lessee of a Lease from ACH Healthcare Property, LLC for the Property affected by the foregoing Fire Lane and Emergency Access Driveway Easement ( "Easement ") hereby expressly subordinates its leasehold interest to the Easement. By executing this Subordination, the undersigned agrees that its right of possession pursuant to such Lease will be subject to the provisions of the Easement. Dated: 3/ , 2011 ARCADIA CONVALESCENT HOSPITAL, INC. a California corporation B a ;1 / / y: • Name: 0 ' 1 ' 0f r p / Its: 1_ ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY 0 ��11N1 ate ! -) On 3 423/// before me, 4 , 1 / O Viii L "z(here in -rt name � and title of the officer), personally ap.eared i1 �� 0 �7�- " �%'� , proved to me on the basis of satisfactory evidence to be the person(s4. whose name($ is /are— subscribed to the within instrument and acknowledged to me that he /may executed the same in his /her /their authorized capacity(ies), and that by his /hexI keir signatureCs,) 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. WITNES.S__m hand and official seal. MIA GLORIA JIMINEZ I .1 1.171611.411641.116.1- Commission • 1738817 1.. - Publ - CoNlotM I a Sign. ur; I '' ! r%L► — / � - 1" y "s MOWN County (Seal) *COMM ( / ...) 4 K9041 24347.00600 \5741712.5 7 EXHIBIT "A" LEGAL DESCRIPTION OF 720 PROPERTY PARCEL 1 IN THE CITY OF ARCADIA, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. AS SHOWN ON PARCEL MAP NO 11110. FILED IN BOOK 110 PAGE 54 OF PARCEL MAP. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT FROM THE EASTERLY 74 FEET OF PARCEL 1 ALL MINERALS LYING BELOW 500 FEET FROM THE SURFACE. WITHOUT RIGHT OF SURFACE ENTRY. AS RESERVED BY ATLANTIC RICHFIELD COMPANY RECORDED MARCH 15, 1973 IN BOOK 0 5795 PAGE 168. OFFICIAL RECORDS. 24347.00600 \5741712.5 A -1 EXHIBIT "B" LEGAL DESCRIPTION OF ACH PROPERTY PARCEL 1: THE EAST 480 FEET OF THE NORTH 2 ACRES OF LOT 4, BLOCK G OF THE SANTA ANITA LAND COMPANY'S TRACT, IN THE CITY OF ARCADIA, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6 PAGE 137 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: THE EAST 480 FEET OF LOT 4 BLOCK G OF THE SANTA ANITA LAND COMPANY'S TRACT, IN THE CITY OF ARCADIA, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6 PAGE 137 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THE NORTH 2 ACRES OF SAID LOT. ALSO EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID LOT, 125.36 FEET; THENCE WESTERLY PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT, 630.04 FEET, MORE OR LESS, TO A POINT IN THE WESTERLY LINE OF SAID LOT; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT, 125.36 FEET TO THE SOUTHWEST CORNER OF SAID LOT; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT, 630.04 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. 24347.00600 \5741712.5 B-1