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20101930219
Recorded /Filed in Official Records
Recorder's Office, Los Angeles County,
California
12/29/10 AT 08:OOAM
FEES:
TAXES
Pages:
0012
45.00
0.00
OTHER: 0.00
PAID: 45.00
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Recording Requested By, and
When Recorded Return To:
J.O. Wayt, City Manager
City Hall
350 Main Street
E1 SegULIdO G* 90245
I
The undersigned grantor(s) declare(s):
Documentary transfer tax is $0 — This is a conveyance of an easement and the taxable consideration and value is less
than $100. R &T 1 191 I .
( ) computed on full value of property conveyed, or
( ) computed on full value less liens and encumbrances remaining at time of sale.
( x ) Unincorporated area; ( ) City of
Grant of Easement and Easement Agreement
This Grant of Easement and Easement Agreement, dated for reference purposes
I+, U is made by and between JMH Realty LLC, a California limited
liability company ( "JMH ") and the City of El Segundo, a municipal corporation (the
"City").
Recitals
A. JMH owns the real property legally described in Exhibit A, attached hereto
(the "JMH Parcel "), having just purchased said property from City.
B. City owns the real property designated as "NOT A PART" in Exhibits B and
D, attached hereto (the "City Parcel ").
C. As part of the terms of the sale of the JMH Parcel from City to JMH, JMH is
conveying to City certain easements in, on and over portions of the JMH Parcel, as more
particularly set forth herein.
Agreement
Now, therefore, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
1. Easement for Public Utilities: JMH hereby grants and conveys to City a non-
exclusive easement for purposes of the installation, maintenance, repair, replacement and
expansion of underground public utilities, and for ingress and egress purposes for the
City parcel (including ingress and egress by other public agencies currently utilizing the
City parcel) in the area described in Exhibit C, attached hereto (the "Utility Easement
Area "). City shall have the right to enter on the Utility Easement Area as necessary to
access, service, maintain, repair, replace, and /or upgrade and/or expand the utilities
located within the Utility Easement Area. In addition, City shall be permitted to increase
the amount of subsurface area that is utilized by City for the placement of utilities,
provided that such area shall not extend beyond the Utility Easement Area. City shall
have the right to install or construct above - ground appurtenances within the Utility
Easement Area provided that the space utilized for such above - ground appurtenances
shall not exceed one area of no more than 8 feet by 8 feet, or one area of no more than 64
square feet (the "New Telemetry Pad Area "). Such above - ground appurtenances shall
not unreasonably interfere with JMH's surface use of the land above the Utility Easement
Area, except on a limited temporary basis while construction activity is being undertaken
by City in the Utility Easement Area. Any such construction activity shall be conducted
with reasonable diligence and in a manner that poses the least burden on JMH's use of
the surface of the Utility Easement Area. However, during such construction activities
one ingress and egress point to the JMH Parcel may temporarily be blocked.
The parties acknowledge that there is an existing building used for the storage of
telemetry equipment located on the JMH Parcel (the "Telemetry Building "). Within nine
(9) months' following City's receipt of written notice from JMH to move the telemetry
equipment from the Telemetry Building (the "Notice Period "), City shall, at its sole cost,
build a new telemetry building within the New Telemetry Pad Area. City shall be
responsible for removing and/or moving all telemetry items from the storage building to
the new telemetry building. City shall have a temporary license to enter onto the JMH
Property for the purpose of accomplishing the tasks required by this paragraph.
JMH shall be permitted to utilize the surface of the Utility Easement Area for
ingress, egress, and parking, and shall be permitted to install improvements and
landscaping on the surface of the Utility Easement Area, provided that such
improvements do not prevent City from exercising its easement rights or interfere with
City's right to utilize the New Telemetry Pad Area.
City shall defend, indemnify and hold JMH harmless from and against any and all
claims, actions, demands, damages, penalties, lawsuits, judgments, and awards arising
out of City's and its contractors' or agents' use of the easement and temporary license
granted herein that arise from the city's or its contractor's or agent's negligent or
wrongful misconduct.
7
2. Stairwell: The parties acknowledge that within the Utility Easement Area
there is a stairwell that leads underground to City's facilities (the "Stairwell "). City shall,
at its sole cost and expense, complete the following actions within the Notice Period (as
defined in Section 1, above):
(i) cut back the eastern portion of the Stairwell and cover it with grates so that
vehicles may pass over it. The portion to be covered shall be in conformance with the
clearance requirements per code and shall be as westerly as is safely allowed;
(ii) install a spring - loaded grate over the westerly portion of the Stairwell, and
install a curb around it; and
(iii) relocate the stairway vent to the north end of the western side of the Stairwell,
in as westerly a location as is reasonably feasible.
3. Maintenance of Easements: City shall maintain the easements granted herein
in a safe condition at City's sole cost and expense.
4. Hazardous Materials: City shall not cause or permit any Hazardous Materials
(as hereinafter defined) to be brought onto, generated from, stored on, transported on, or
disposed of on the JMH Parcel except in strict compliance with any and all applicable
laws, regulations and permit conditions. City shall defend, indemnify and hold JMH
harmless from and against any and all claims, costs, penalties, actions, demands,
judgments, lawsuits, remediation costs, or fines associated with any breach of the
foregoing clause by City or by any contractor, agent or employee of City. The term
"Hazardous Materials" as used herein means any substance (i) the presence of which
requires special handling, storage, investigation, notification, monitoring, or remediation
under any federal, state or local law, regulation or permit condition, (ii) which is toxic,
explosive, corrosive, erosive, flammable, infectious, radioactive, carcinogenic,
mutagenic, or otherwise hazardous, (iii) which is or becomes regulated by any
governmental authority having jurisdiction over the JMH Parcel, or (iv) the presence of
which causes or threatens to cause a nuisance to the JMH Parcel or any adjoining
property.
5. Attorneys' Fees. In the event suit is brought to enforce or interpret any part of
this Agreement, the prevailing party shall be entitled to recover as an element of its costs
of suit, and not as damages, a reasonable attorneys' fee to be fixed by the court and
litigation expenses. The "prevailing party" shall be the party who is entitled to recover
his/her costs of suit, whether or not the suit proceeds to final judgment. A party not
entitled to recover his/her costs shall not recover attorneys' fees. No sum for attorneys'
3
fees shall be counted in calculating the amount of a judgment for purposes of determining
whether a party is entitled to recover his/her costs or attorneys' fees.
6. Merger Clause. This Agreement contains the sole and entire agreement of the
parties, and correctly sets forth the rights, duties and obligations of each to the other; any
prior agreements, promises, negotiations, or representations not expressly set forth in this
Agreement are hereby superseded and of no force or effect.
7. Binding Upon. The easements, covenants, conditions, and restrictions
contained in this Agreement shall run with the land and shall be binding upon and inure
to the benefit of the parties and their heirs, assigns, and successors in interest.
8. Counterparts. This Agreement may be executed in counterparts which
together shall constitute but one and the same original.
9. Drafting: This Agreement is the product of negotiations by the parties, and
shall not be construed against any party as the drafter.
10. Governing Law: This Agreement shall be governed, construed and
interpreted by, through and under the laws of the State of California.
11. Recording: This Agreement shall be recorded in the Official Records of Los
Angeles County, California.
12. Exhibits: All exhibits to this Agreement are incorporated herein by this
reference.
in
Wherefore, this Agreement was executed and acknowledged by the parties as set
forth below.
JMH Realty LLC
A CaKornia 1' liability company
By:
BrIan A. Sweeney, Manager
City of El Segundo
A Municipal Corporation
By: -4, �' I ��'
Na e: wAy T
Its: ctrl r1a►.f�� cry
STATE OF CALIFORNIA )
COUNTY OF Lm )
On Z�p-,,G I L4 j 2D 1 D , before me, _ (q IA A n (1 Q AkCCO Notary
Public, personally appeared f1 i0. v'\ S'LQ-)ee n�e.�,j , 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.
EU CA M WA 240 -
ComfAw e f 18617M
Motwy Publk - CWorMo
(Seal)
LOS Cm*
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December 13, 2010
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
On December 13, 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.
J
Cathy Domann, Deputy City Clerk
Exhibit A — Legal Description of JMH Parcel
Exhibit B — Map of JMH and City Parcels
Exhibit C — Legal Description of Utility Easement Area
Exhibit D — Legal Description of City Parcel
7
EXHIBIT "A"
LEGAL DESCRIPTION
That portion of the Southeast '/4 of the Southwest '/4 of Section 7, Township 3 South, Range 14
West, San Bernardino Meridian, in the City of El Segundo, County of Los Angeles, State
California, in the Rancho Sausal Redondo. described as follows:
Property being sold:
Beginning at a point on the westerly line of that certain parcel entitled "NOT A PART [OF] THIS
SUBDIVISION" on map of Tract No. 52427 recorded in Book 1229, Pages 42 through 45,
inclusive, of Maps, in the Office of the County Recorder of said county, said point being North
00 °00'07" East, 30.00 feet from the southwesterly corner of said parcel; thence South
89 055'17" East, 42.00 and South 00 000'07" West, 30.00 feet to the southerly line of said parcel;
thence along said southerly line, South 89 055'17" East, 162.98 feet to the beginning of a curve
concave northwesterly and having a radius of 15.00 feet; thence northeasterly along said curve
23.58 feet through a central angle of 90 004'36" to a point of tangency with the easterly line of
said parcel; thence along said easterly line, North 00 °00'07" East, 189.98 feet to the
southeasterly corner of the land described in Instrument No. 3394, recorded September 30,
1966, in Book D3443, Page 108 of Official Records of said county; thence along the generally
southerly line of said land described in said Instrument No. 3394 the following three courses:
North 89 055'17" West, 160.00 feet; South 00 °00'07" West, 75.00 feet; and North 89 055'17"
West, 60.00 feet to the westerly line of said "NOT A PART" parcel; thence along said westerly
line, South 00 000'07" West, 100.00 feet to the Point of Beginning.
Contains 39,292 square feet, more or less
As shown on Exhibit "B" attached hereto and by this reference made a part hereof
Prepared under my supervision
David O. Knell PLS 5301 Date
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NO.
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42 -44
EXHI BI T 'B'
SEGMENT DATA
L1 N00'04'43 "E 2.23'
L2 N89'55'17 "W 21.05'
L3 S00'04'43 "W 2.23'
S'LY LINE INST. NO. 3394
BOOK D3443 PAGE 108, O.R.
N89'55'17 "W 160.00'
3
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39,292 SQ. FT.,
MORE OR LESS
N89'55'1 7"W (INCLUDES EASEMENT AREA)
60.00'
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o N89'55'1 7 "W L2 N89'55'17 "W
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S89-55'1 7"E S89'55'17 "E 162.98'
42.00' /
EXISTING R/W LINE—
-EL WGUNDO
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EXHIBIT "C"
LEGAL DESCRIPTION
That portion of the Southeast '/e of the Southwest X of Section 7, Township 3 South, Range 14
West, San Bernardino Meridian, in the City of El Segundo, County of Los Angeles, State
California, in the Rancho Sausal Redondo, described as follows:
Public Utility Easement over Property being sold
Beginning at a point on the westerly line of that certain parcel entitled "NOT A PART [OF] THIS
SUBDIVISION" on map of Tract No. 52427 recorded in Book 1229, Pages 42 through 45,
inclusive, of Maps, in the Office of the County Recorder of said county, said point being North
00 °00'07" East, 30.00 feet from the southwesterly corner of said parcel; thent;e South
89 055'17" East, 42.00 and South 00 000'07" West, 30.00 feet to the southerly line of said parcel;
thence along said southerly line, South 89 055'17" East, 78.00 feet; thence leaving said southerly
line, North 00 000'07" East, 62.00 feet; thence North 89 055'17" West, 41.66 feet; thence North
0 °04'53" East; 2.23 feet; thence North 89 055'17" West, 21.05 feet; thence South 0 004'43" West,
2.23 feet; thence North 89 055'17" West, 57..29 feet to the westerly line of said parcel; thence
along said westerly line, South 00 °00'07" West, 32.00 feet to the Point of Beginning.
Contains 6,229 square feet, more or less
As shown on Exhibit "B" attached hereto and by this reference made a part hereof
Prepared under my supervision: .� ----°
L, :_a,
David O. Knell PLS 5301 Date
j �
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EXHIBIT "D"
LEGAL DESCRIPTION
That portion of the Southeast '/4 of the Southwest %4 of Section 7, Township 3 South, Range 14
West, San Bernardino Meridian, in the City of El Segundo, County of Los Angeles, State
California, in the Rancho Sausal Redondo, described as follows:
Not a Part
Beginning at the southwesterly corner of that certain parcel entitled "NOT A PART [OE] THIS
SUBDIVISION" on map of Tract No. 52427 recorded in Book 1229, Pages 42 through 45,
inclusive, of Maps, in the Office of the County Recorder of said county; thence along the
westerly line of said parcel, North 00 °00'07" East, 30.00 feet; thence leaving said westerly line
and parallel with the southerly line of said parcel, South 89 055'17" East, 42.00; thence parallel
with said westerly line, South 00 000'07" West, 30.00 feet to the southerly line of said parcel,
thence along said southerly line, North 89 °55'17" West, 42.00 feet to the Point of Beginning.
Contains 1,260 square feet, more or less
As shown on Exhibit "B" attached hereto and by this reference made a part hereof
Prepared under my supervision:
David O. Knell PLS 5301 Date
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