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A168This page Is part of your document - DO NOT DISCARD Of Ls 20101422088 11111111111111111111111111111111111111 II I II II I I 1II 111 li I I 1II 1II 1 Pages: 0013 � � Recorded/Filed in Official Records t Recorder's Office, Los Angeles County, California x O�UFOaN` *x 10/06/10 AT 08:OOAM FEES: 0.00 TAXES: 0.00 OTHER: 0.00 PAID: 0.00 LEADSHEET 111111111111111111111111111111111111111111111111111111111111111111111111111111111111 00003078368 Rtnm�ueem�t SEQ: 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. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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' N U-) o C C C C s I 5' P0R O 00 W O Cr; w co U7 0: W Ld I cn o ) ) T ► i cn <I z 80' 40' 0' 80' GRAPHIC SCALE SCALE: 1" = 80' Toyota Sports Center DAIL: Ud /lb /lU 0 E E m v n. 7 3 v 0 ti J_ I a a N / O 0 O VI O Y O H 3 E 0 Z O 3 0 r 0 a I 0 N 10 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) I/� A l is �t 0f ,1 If 00 W O Cr; w co U7 0: W Ld I cn o ) ) T ► i cn <I z 80' 40' 0' 80' GRAPHIC SCALE SCALE: 1" = 80' Toyota Sports Center DAIL: Ud /lb /lU 0 E E m v n. 7 3 v 0 ti J_ I a a N / O 0 O VI O Y O H 3 E 0 Z O 3 0 r 0 a I 0 N 10 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) I/�