CONTRACT 4257 Easement AgreementWHEN RECORDED MAIL TO:
City of El Segundo
Attn: City Clerk
350 Main Street
El Segundo, CA 90245
No fee per Govemment Code § 6103
Agreement No. 4257
SPACE O:
RECORDER'S USE
DOCUMENTARY TRANSFER TAX: $11.81
( X ) Computed on the consideration or value of property
conveyed; OR
( ) Computed on the consideration or value less liens or
encumbrances remaining at time of sale.
(X ) City of El Segundo
Signature of Declarant or Agent determining tax Firm
Name
Amended and Restated Grant of Easement and Easement Agreement
(To The City of El Segundo)
This AMENDED AND RESTATED GRANT OF EASEMENT AND EASEMENT
AGREEMENT is made as of it , 2012 (the "Effective Date "), by and between
JMH Realty, LLC, a California limited liability company ( "JMH ") and the City of El Segundo, a
general law city and municipal corporation ( "City ").
Recitals
A. JMH owns the real property commonly known as APN 4138 - 028 -912, legally
described in Exhibit A attached hereto and incorporated herein by reference (the "JMH Parcel "),
having previously purchased said property from the City.
B. City owns the real property designated as "NOT A PART" in Exhibits B and C,
attached hereto and incorporated herein by reference (the "City Parcel ").
C. Pursuant to that certain Grant of Easement and Easement Agreement dated
December 14, 2010 and recorded on December 29, 2010 as Inst. No. 20101930219 of the
Official Records of Los Angeles County, California (the "Easement Agreement "), the City owns
a public utility easement over a portion of the JMH Parcel (the "Utility Easement "). The
Easement area consists of approximately 6,229 square feet.
Agreement No. 4257
D. The parties desire to reduce the Utility Easement area so that it is approximately
5,752 square feet, all as more particularly set forth herein.
Agreement
In consideration of the covenants and provisions contained herein and other good and
valuable consideration, and intending to be legally bound hereby, 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 on Exhibits C and D, attached hereto and incorporated herein by reference (the
"Utility Easement Area "). City has the right to enter on the Utility Easement Area as necessary
to access, service, maintain, repair, replace, upgrade, and/or expand the utilities located within
the Utility Easement Area. In addition, City is permitted to increase the amount of subsurface
area that is utilized by City for the placement of utilities, provided that such area does not extend
beyond the Utility Easement Area. City has the right to install or construct above - ground
appurtenances within the Utility Easement Area provided that the space utilized for such above-
ground appurtenances does not exceed one area of no more than eight (8) feet by eight (8) feet,
or one area of no more than sixty -four (64) square feet (the "New Telemetry Pad Area "). Such
above - ground appurtenances cannot 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 must
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 be temporarily 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 may, at its sole cost, build a new
telemetry building within the New Telemetry Pad Area. City is responsible for removing and /or
moving all telemetry items from the storage building to the new telemetry building. City has a
temporary license to enter onto the JMH Parcel for the purpose of accomplishing the tasks
required by this paragraph.
JMH is permitted to utilize the surface of the Utility Easement Area for ingress, egress,
and parking, and is permitted to install improvements and landscaping on the surface of the
Utility Easement Area, provided that such improvements do not prevent the City from exercising
its easement rights or interfere with City's right to utilize the New Telemetry Pad Area.
City will 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 City's or its contractors' or agents' negligence or willful misconduct.
Agreement No. 4257
2. Consideration. Subject to performance by City under this Agreement, JMH must
pay to City the sum of Ten Thousand Seven Hundred Thirty-Two and 501100 Dollars
($10,732.50) consideration for the revised Utility Easement Area.
3. Stairwell. The parties acknowledge that within the Utility Easement Area there is
a stairwell that leads underground to City's facilities (the "Stairwell "). City agrees, at its sole
cost and expense, to complete the following actions within the Notice Period:
(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 must be in
conformance with the clearance requirements per applicable law and must
be as far west as is safely allowed;
(ii) Install a spring- loaded grate over the western 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 far a western location as is reasonably feasible.
4. Maintenance of Easements. City agrees to maintain the easements granted herein
in a safe condition at City's sole cost and expense.
5. Hazardous Materials. City will 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 will 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" 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, carcinogenic, mutagenic, radioactive, 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 parcel.
JMH will 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 City Parcel or
Utility Easement Area except in strict compliance with any and all applicable laws, regulations
and permit conditions. JMH will defend, indemnify and hold City 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 JMH or by any contractor, agent or
employee of JMH. The term "Hazardous Materials" 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, carcinogenic, mutagenic, radioactive or
otherwise hazardous; (iii) which is or becomes regulated by any governmental authority having
Agreement No. 4257
jurisdiction over the City Parcel and /or Utility Easement Area; or (iv) the presence of which
causes or threatens to cause a nuisance to the City Parcel and /or Utility Easement Area.
6. Merger. 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 Effect. The easements, covenants, conditions, and restrictions contained
in this Agreement run with the land and are 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 two or more counterparts,
each of which will be deemed an original, but all of which together constitutes but one and the
same instrument.
9. Drafting. This Agreement is the product of negotiations between the parties, and
shall not be construed against any party as the drafter.
10. Governing Law. This Agreement and any and all disputes arising out of or in
connection herewith will be governed, construed and interpreted by, through and under the laws
of the State of California. Venue for any action arising from this Agreement is with the Los
Angeles Superior Court.
11. Recording. This Agreement will be recorded in the Official Records of Los
Angeles County, California.
12. Amendments. This Agreement may not be changed orally but only by an
agreement in writing, duly executed on behalf of the party against whom enforcement is sought.
[SIGNATURES ON NEXT PAGE]
Agreement No. 4257
IN WFINESS 'WHEREOF, the parties have exCCLIted this Agreement as of"the day and
year first above written,
JMH Realty, LLC
a
By: Brim A. Sweeney, Mcatiager
CITY OF EL SEGUNDO,
41
/6
A
3)f: , 5eg C. enter, City Manager
AJITSIT'.-
cw� City Clerk
Tracy Weaver,,)��
APPROVLA)
Mark D; )MY A-4tol:,ppy
istant City Attorney
By:
4r] ft'Be*rger,
Agreement No. 4257
June 12, 2012
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS
CITY OF EL SEGUNDO
On April 23, 2012, before race, 1'racy Weaver, City Clerk, personally appeared
Greg Carpenter, City Manager for the City of El Segundo, who proved to me on
tlae basis of satisfactory evidence to be the person whose name is subscribed to
the within, iristrument, and acknowledged to me that fie executed, the sense in his
authorized capacity, and that by his signature on the instrurnent 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 tyre Sale of California that
the foregollIg paragraph is true and correct.
Witness iny hand an.d Official Seal.
Tracy Wcavti -, City Clerl"
Agreement No. 4257
ACCEPTANCE OF EASEMENT
by
CITY OF EL SEGUNDO
F
This is to certify that the interest in real property conveyed by the deed or grant dated
2012 from JMH Realty, LLC to the city of El Segundo, a general law city and
nu,inicipa] 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.
...
Greg " u peme i Date
City 'I" aaiag;er
ATTEST:
Cx��� City Clerk _.._......
Tracy Weaver,
APPROVED AIR�l:M:
Mark D. Head . Kr At,162
Berger, Ahsistant . City Attorney
State of California V j
j
C)n � o�o a�ageles
oast / before nie,(3 ' WW ; � "� a Notary Public in and for said
State, personally app °peaared Brian Andrew Sweeney, who proved to me on the basis of satisfactory
evidence to be the perso whose namei;r) is/ subsa �we,d to the within instrument and
acknowledged to me th he she /they executed the same is are; her/their authorized capacity(a),
and that by his/her /their signature" on the instrument the person; or the entity upon behalf of
which the personKacted, 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.
Agreement No. 4257
June 12, 2012
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS,
CITY OF EL SEGUNDO
On, April 23, 2012, before me, Tracy Weaver,, City Clerk, personally appeared
Greg Carpenter, City Manager for the City of El Seg'Undo, 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 ha rid and Official Seal.
... . ...........
Tracy Weaver, City Clerk
Agreement No. 4257
EXH UT 'A' SHT. 1 OF 1 SHTS
1111111IR11 11,11 :URA NEC RTY D SC►'IPTIN
►f : r
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF EL SEGUNDO, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF THE SOUTHEAST '/a OF THE SOUTHWEST Y4 OF SECTION 7, TOWNSHIP 3
SOUTH, RANGE 14 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF EL SEGUNDO, COUNTY
OF LOS ANGELES, STATE OF CALIFRONIA,IN THE RANCHO SAUSAL REDONDO. DESCRIBED AS
FOLLOWS:
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 FROM THE SOUTHWESTERLY
CORNER OF SAID PARCEL; THENCE SOUTH 89' 55' 17" EAST, 42.00 AND SOUTH 00'00' 07"
WEST 30.00 FEET TO THE SOUTHERLY LINE OF SAID PARCEL; THENCE ALONG SAID SOUTHERLY
LINE, SOUTH 89' 55' 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 90'04' 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, 1956, IN BOOK D3443, PAGE 108 OF
OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE GENERALLY SOUTHERLY LINE OF SAID
LAND DESCRIBED IN INSTRUMENT NO. 3394 THE FOLLOWING THREE COURSES; NORTH 89' 55'
17" WEST, 160.00 FEET; SOUTH OD' 00' 07" WEST, 75.00 FEET; AND NORTH 89 ' 55' 17"
WEST, 60.00 FEET TO THE WESTERLY LINE OF SAID "NOT A PART" PARCEL; THENCE ALONG
SAID WESTERLY LINE, SOUTH 00' 00' 07" WEST, 100.00 FEET TO THE P01NT OF BEGINNING.
TAX PARCEL 4138- 028 -912
DATE: NOV. 28,'l 1 601 E. GLENOAKS BLVD., SUITE 208
THOM. GDE: 732 H1 GLENDALE. CALIFORNIA 91207
FILE: 2909ALTA.DWG Surveying Mapping, Inc {818 }243 -0640
PROJECT NO: 2909 FAX.- (618)2¢3 -0650
Agreement No. 4257
10.14 .1 i
LEGAL DESCRIPTION
THAT PORTION OF THE SOUTHEAST 'A OF THE SOUTHWEST 1/4 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 [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; 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 89-55'17" EAST, 42.00; THENCE PARALLEL WITH SAID
WESTERLY LINE, SOUTH 00 °00'07" 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 ''C" attached hereto and by this reference made apart hereof.
Agreement No. 4257
SCALE: 1"=50' L� Ic M H � � ��r +C 9 SHT. 1 OF 1 SHTS
/n� ll U i
0 25' 50'
100' SKETCH OF EASEMENT
N S'LY LINE INST. NO. 3394,• „„
N BK D3443 PG 1408, OR
v`
S89'55'1 7” E N89'55'-1-7"W
_ m
C� 1 C11 160.00* - 50.00
zm POR. OF SS' 1 /4 Or SCSI 1 /4
zr j SEC. 7, 735, R 14W, 5BIM OF
Lf' 1r r a 6TH E ��UO' D OP PAR -F OF SA USAL
t R�c� ND0 RO
f11 z t+ PARCEL AREA - 39,295 SO.F1', GROSS
C1 °r (59.95 "4 MEAS) PARCEL AREA-33,543 SO.FT, NET
p'l , NET AREA = GROSS AREA LESS EASEMENT
4 ✓• I S89155'%1 7" E DESCRIBED HEREIN
,�� 60:00" 2161 E. EL SEGUNDO BLVD.
� 0
ul rn on °D sa o
in° F 2
y- Ln zcv z. W N89'55'1 7"W In
y re o zr 41.66' N
J ° �I Q
° 77 AREA ,= 5. F jl Uj ro Z
32.00I° EASMEN7 L) hti r` 100
4' 00 HE1Nq ,✓ o ° 2G.+ '
'J'40V 55 1 f W rd °o " ��
NOT -A- N000 '07"'E (DO �.
30.00' X30 00" ,'" z (84.93'MEAS)
NO'00'07" E PART �✓ w
00' r ,.sue 84.98' "„ o
{ N89 "55° 1 W 1 o
I, _m I - 42.00' (162.93' MEAS) °
b 0 N89 °55'1 7"W z�
b" E L S E O U N D 0 B L V D
z
sagsslr _179,00- 210 (269.95' MEAS)
C/L INTERSECTION & THE SE CORNER w
OF THE SW 1/4 SEC. 7, T3S, R14W, SBM
(AREAS PER RECORD DIMENSIONS) RANCHO sUe'D of A PORT. OF SAUSAL REDONDO
TAX PARCEL 4138 -028 -912
DATE: NOV. 28,' 1 1 R 601 E. GLENOAKS BLVD., SUITE 208
THOM. GDE: 732 H1 N GLENDALE, CALIFORNIA 91207
FILE: 2909ALTA.DWG m Surveying & Mapping, Inc, (818)243 -0640
PROJECT N0: 2909 FAX: (818)243 -0650
EXHIBIT "D"
EASEMENT DESCRIPTION
LEGAL DESCRIPTION:
Agreement No. 4257
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF EL
SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED
AS FOLLOWS:
THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 'A OF SECTION 7,
TOWNSHIP 3 SOUTH, RANGE 14 WEST, SAN BERNARDINO MERIDIAN, IN THE
CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, IN THE
RANCHO SAUSAL REDONDO, DESCRIBED AS FOLLOWS:
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
000 00' 07" EAST, 30.00 FROM THE SOUTHWESTERLY CORNER OF SAID PARCEL;
THENCE SOUTH 890 55' 17-'EAST, 42.00 AND SOUTH 00° 00' 07" WEST, 30.00 FEET
TO THE SOUTHERLY LINE OF SAID PARCEL; THENCE ALONG SAID SOUTHERLY
LINE, SOUTH 890 55' 17" EAST, 78.00 FEET; THENCE LEAVING SAID SOUTHERLY
LINE, NORTH 000 00' 07" EAST, 62.00 FEET; THENCE NORTH 89`55' 17" WEST, 41.66
FEET; THENCE NORTH 0° 04' 43" EAST, 2.23 FEET; THENCE NORTH 89° 55' 17"
WEST, 18.23 FEET; THENCE SOUTH 0° 04' 43" WEST, 13.90 FEET; THENCE NORTH 89°
55' 17" WEST, 40.11 FEET; THENCE NORTH 0° 04' 43" EAST, 11.72 FEET; THENCE
NORTH 890 55' 17" WEST, 20.00 FEET TO THE WESTERLY LINE OF SAID "NOT A
PART (OF) THIS SUBDIVISION "; THENCE ALONG SAID WESTERLY LINE SOUTH 0°
00'07" WEST, 32.00 FEET TO SAID POINT OF BEGINNING.
CONTAINING 5,752 SQUARE FEET, MORE OR LESS.
As shown on Exhibit "C" attached hereto and by this reference made a part hereof.