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Recorded/Filed in Official Records
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Recorder's Office, Los Angeles County,
California
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08
DAR - Title Company (Hard Copy)
THIS FORM IS NOT TO BE DUPLICATED t72
EW"i
oC
CHICAGO TITLE COMPAN)
Recording requested by:
City of El Segundo
Mail Tax Statements to ArA
When recorded, mail to:
City Clerk
City of El Segundo
350 Main Street
El Segundo, CA 90245
i` qU,S X V1( GRANT OF EASEMENT
(To the City of El Segundo)
20101'22088l�IYiMM�Ni�
No fee per Govemment Code § 6103
No Documentary Transfer Tax per Revenue Taxation Code § 11922
This Agreement granting a Easement is made by L.A. Ice Venture Company, LI_,C
("Grantor ") and the City of E1 Segundo, a general law city and municipal corporation
( "Grantee ").
1. Recitals. The parties enter into this Agreement with the following understandings and
objectives:
A. Grantor is the owner of certain real property situated in the City of El Segundo,
County of Los Angeles, State of California, described and depicted in attached
Exhibit A, which is incorporated by reference ( "Grantor's Property");
B. Grantee has required that a public pedestrian access easement be granted to
Grantee, and Grantor is willing to grant to Grantee such easement for such
purpose on the terms and conditions set forth in this Agreement.
2. Conveyance and Purpose of Easement. Grantor conveys to Grantee and Grantee accepts
from Grantor a non- exclusive easement (the "Easement ") over Grantor's Property, as described
in attached Exhibit B -1 and depicted in attached Exhibit B -2 (the "Easement Area ") which is
incorporated by reference, for the purpose of public pedestrian access, ingress and egress over
and across the Easement Area.
3. Construction, Maintenance and Repair Obligations. Grantor is responsible, at its sole
cost and expense, for the construction, repair and other maintenance of any improvements (the
"Improvements ") located, or to be located, in the Easement Area, and must at all times maintain
the Improvements in good repair and working order.
DOCUMENT TRANSFER TAX $
COMPUTFD ON FU!. _L VAi.UE CF PF,,JPCR'rY CONVEYED
OR COMPUTE ON =ULL VALIJC LESS LENS AND
ENCU!,1BRAPJCES r+_:r,1:,;NING AI nMEE Or SALE.
Signature of Dar ra ant determining tax. Firm Name
AI;COMMODATION
RECORDING
(6
4. Reserved Rights of Grantor. Grantor reserves the right to use the Easement Area and the
Grantor's Property in any manner not inconsistent with the rights of Grantee under this
Agreement. In furtherance thereof, (a) Grantee's rights with respect to the Easement are subject
to all existing improvements within the Easement Area and any replacements thereof, and (b)
Grantor reserves the right to install, repair and maintain landscaping, sprinklers, light poles and
fixtures, curbing, and other Improvements within the Easement Area which are not inconsistent
with the rights of Grantee under this Agreement.
5. Indemnity; No Liens.
A. Grantee indemnifies, will assume the defense of and hold free and harmless
Grantor and its officers, directors, shareholders, agents, employees and other
representatives from any and all obligations, liabilities, claims, demands, loss,
damage, injury, causes of action, costs and expenses (including, without
limitation, attorneys' fees) whatsoever to the extent relating to or arising out of the
negligence or willful misconduct of Grantee or its employees, contractors or other
agents ("Agents ") on the Grantor's Property or Easement Area under this
Agreement. Grantee covenants and agrees not to suffer or permit any lien of
mechanics or materialmen or others to be placed against the Grantor's Property,
Easement Area or any property adjacent to the Grantor's Property or Easement
Area owned by Grantor, with respect to work or services claimed to have been
performed for, or materials claimed to have been furnished to, Grantee or its
Agents pursuant to this Agreement.
B. Grantor indemnifies and holds Grantee harmless from and against any claim,
action, damages, costs (including, without limitation, reasonable attorney's fees),
injuries, or liability, arising from Grantor's obligations in Section 3 of this
Agreement or Grantor's (or its employees' or agents' use of the Easement), except
to the extent of Grantee's own sole negligence. Should Grantee be named in any
suit, or should any claim be brought against it by suit or otherwise, whether the
same be groundless or not, arising from this Agreement, Grantor will defend
Grantee (at Grantee's request and with counsel satisfactory to Grantee). Grantor
will further indemnify Grantee for any judgment rendered against it or any sums
paid out in settlement or otherwise except to the extent of Grantee's own
negligence.
C. For purposes of subsection "B," "Grantee" includes City's elected and appointed
officials; officers; employees; and agents.
6. No Warranties. Except to the extent provided in Section 3, Grantor makes no
representations or warranties, express or implied, relating to the Grantor's Property, Easement
Area or this Agreement. Except as otherwise provided, Grantee assumes all risks with respect to
its access to and use of the Easement Area.
2
A,.
7. Service of Notice. All notices to be served by one party to the other pursuant to this
agreement shall be made in writing and deposited in the U.S. mail, registered or certified and
postage prepaid, or with an overnight mail delivery service, addressed as follows:
a. To Grantor: L.A. Ice Venture Company, LLC
800 W. Olympic Boulevard, Suite 305
Los Angeles, CA 90015
Attention: John E. Keenan, III, Esq.
With a copy to:
American Skating Entertainment Centers
4809 Thistle Landing, 4100
Phoenix, A7,85044
Attention: Brad Berman
b. To Grantee: City Manager
City of El Segundo
350 Main Street
El Segundo, California 90245
8. Binding upon Successors. All terms and conditions in this Easement will be binding upon
the parties, their successors, and assigns. The benefits and burdens herein are intended to and
will run with the land. This is the entire agreement between the parties and will not be modified
except by written instrument signed by all the parties.
9. Authority. Grantor expressly warrant and represent that it has the power to grant this
Easement in accordance with its terms.
10. Governing Law. This document was drafted in and will be construed in accordance with
the laws of the State of California and exclusive venue for any action involving this document
will be in Los Angeles County.
11. Counterparts. This document may be executed in any number or counterparts, each of
which will be an original, but all of which together will constitute one instrument executed on the
same date.
[signatures on next page]
3
5
The parties hereby execute this Easement as of this 1 S` day of September, 2010.
GRANTOR:
L.A. ICE VENTURE COMPANY, LLC,
a Delaware limitecjllability company
By: C
Print d Kam : t•.. <, n Its: s c , "F\—CL ^-T- S-erroTG,
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES }&S.
On q 11 I -)-o 10 , before me, U,,tL e (� - N t to (1 , a Notary Public in
and for said County and State, personally appeared, _ 71eh, E- KC -f ,A ,1 , -77T—
who proved to me on the basis of satisfactory evidence to be the person(.$) whose name(a) is /ape
subscribed to the within instrument and acknowledged to me that he /s4c /they executed the same
in his/IW /thoir authorized capacity(yes), and that by his /her /their signature(s) on the instrument
the person( *), or the entity upon behalf of which the person(z) 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.
JANICE M. NICOLS
Commission ip 1890106
Notary Public - California =
Signature: /�^• Loa Angeles County
WWW
M Comm. Ex Ire: Ma 16.2014
(Notary Seal)
[signatures continued on next page]
GRANTEE:
THE CITY OF EL SEGUNDO,
a general w ity and munici al corporation
Jac ayt,
C' Manager
ATTEST:
ocq�i� �'—
Cindy Mort .,en,
City Clerk /
Mark
V/11
Katl H: Berger,
Assistant City /
STATE OF CAL!FjORNIA }
COUNTY OF L S ANGELES }S.&
/��I/d
Dat
On , before me, See ��° , a Notary Public in
and for said County and State, personally appeared,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same
in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(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.
WITNESS my hand and official seal.
Signature:
�7
(Notary Seal)
September 16, 2010
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
On September 15, 2010, before me, Cathy Domann, Deputy City Clerk,
personally appeared Jack Wayt, City Manager of the City of El Segundo, 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 entity upon behalf of which the persons acted, executed the
instrument.
I certify under the Penalty of Perjury under the laws of the Sate of California that
the foregoing paragraph is true and correct.
Witness my hand and Official Seal.
Cathy DcVnann, Deputy City Clerk
ACCEPTANCE OF EASEMENT
BY
CITY OF EL SEGUNDO
This is to certify that the interest in real property conveyed by the deed or grant dated September
1, 2010 from L.A. Ice Venture Company, LLC to the City of El Segundo, a general law city and
municipal corporation, is accepted by the undersigned officer on behalf of the City pursuant to
authority conferred by City Council Resolution No. 4255 adopted on April 2, 2002 and the City
consents to recordation thereof by its duly authorized officer.
ATTEST:
UW16*�-04/
Cindy Mort en, j
City Clerk /' /
Mark
Kal" H. Berger,
Assistant City A
7//i-//4
Date
i
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
THAT PORTION OF LOT 2 OF TRACT NO. 52427, IN TTIE CITY OF EL SEGUNDO,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AS PER MAP RECORDED 1N13 OOK
1229 PAGES 42 THROUGH 44 OF MAPS, IN THE OFFICE OF SAID COUNTY LYING
NORTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 2 DISTANT THEREOF
NORTH 00 00' 11 " WEST 1.90 FBET FROM THE SOUTHWESTERLY CORNER OF SAID LOT
2; THENCE NORTH 89° 59' 44" EAST 442.47 FEET TO A POINT ON THE EASTERLY LINE
OF SAID LOT 2 DISTANT THEREON NORTH 0" 00' 07" EAST 2.36 FEET FROM THE
SOUTHEASTERLY CORNER OF SAID LOT 2.
EXHIBIT B -1
LEGAL DESCRIPTION OF EASEMENT AREA
See attached.
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P S O M A S
LEGAL DESCRIPTION
PEDESTRIAN ACCESS EASEMENT
That portion of Lot 2 of Tract No. 52427, in the City of El Segundo, County of Los
Angeles, State of California, as per map recorded in Book 1229, Pages 42 through 44,
inclusive of Maps, Records of said County, lying westerly and northerly of the following
described line:
Beginning at a point on the westerly line of said Lot 2, distant South 00'00'1 F East
334.20 feet from the Northwesterly corner of said Lot 2; thence North 89 °59'49" East
5.00 feet to a line that is parallel with and 5.00 feet easterly of said westerly line; thence
northerly along said parallel line, North 00'00'11" West 329.19 feet to a line that is
parallel with and 5.00 feet southerly of the northerly line of said Lot 2; thence easterly
along said parallel line, South 89 °56'41" East 437.52 feet to the easterly line of said Lot 2.
This Legal Description is described on the accompanying "Legal Description Map —
Pedestrian Access Easement ", is made a part hereof for reference purposes and was
prepared as a convenience and is not intended for the use in the division and /or
conveyance of land in violation of the Subdivision Map Act of the State of California.
w:\1 In }0501 Offisurve0lep Is \h!101 _pedestrian slot
Aucusl 16. 2010
JI)C:Ipm
John Ciii Pe .-Jr., PLS 7230
PSOMAS
Date: 8 / /�0� 0In
Sheet 1 of I
EXHIBIT B -2
DEPICTION OF EASEMENT AREA
See attached.
i SCALE: 1" m 80'
SHEET 1 OF 1 SHEET
LEGAL DESCRIPTION MAP
PEDESTRIAN ACCESS EASEMENT
IN THE CITY OF EL SEGUNDO
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
NW7 comer of Lot 2 O
S 89'56'41" E 442.53'
S 89:56'41 " £ 4 17.52'
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JOB No: 1TOY050100 TASK 101 <
AREA OF LEGAL P S Q M A S
DESCRIPTION 555 South Flower Street, Suite 4400
Los Angeles, CA 90071
PL -1 LGLO 1 (213)223 -1400 (213)223 -1444 (FAX)
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JOB No: 1TOY050100 TASK 101 <
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