CONTRACT 3424 Easement Agreement - This page is part of your document- DO NOT DISCARD
05 00" 8838
IEC0R!JE
DIFFILED IN OFFICIAL RECORDS
RPCO DER'S OFFICE
LES
LOS CALIFORNgOUNTY
i
1:21 PM JAN 11 2005
q
TITLE(S)
L E A D S H E E T
FEE D.T.T
CODE
20
CODE
19
CODE
9
Assessor's Identification Number (AIN)
To be completed by Examiner OR Title Company in black ink. Number of AIN's Shown
THIS FORM NOT TO BE DUPLICATED
RECORDING REQUEST BY
WHEN RECORDED MAIL TO;
05 0078838
City of EI Segundo
City Clerk's Office
350 Mail Street
EI Segundo, CA 90245
w
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
TITLE(S)
EASEMENT AGREEMENT BETWEEN THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION
AUTHORITY AND THE CITY OF EL SEGUNDO, DOUGLAS STREET PROJECT
Recording Requested By
And When Recorded,Mail To:
City of El Segundo
Public Works Department
350 Main Street
El Segundo, CA 90245-3895
Space above for Recorder's Use
NO DOCUMENTARY TRANSFER TAX REQUIRED -CA Rev&Tax Code Section 11922
FREE RECORDING: Government Code Section 6103—CA Gov't Code Section 27383
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as "Agreement") is entered into on
this 16th day of November, 2004, by and between the LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY (hereinafter referred to as "MTA"), a
public agency existing under the authority of the laws of the State of California, and CITY OF
EL SEGUNDO (hereinafter referred to as "Grantee"), a public agency, upon and in
consideration of the following agreements, covenants, terms and conditions:
1. Grant. Subject to the reservation rights of MTA under Section 2 of this Agreement,
MTA hereby grants to Grantee a non-exclusive easement to construct, operate, and maintain a
underpass road, supporting slopes, water lines, water pump facility. tie backs, column restraints,
subsurface drainage line and appurtenant structures, on, under, and upon that certain real property
(hereinafter referred to as "Property") as more particularly described on Exhibit "A" attached
hereto and incorporated herein by this reference.
2 Reservation. This grant is made subject to and subordinate to the prior and continuing
right and obligation of the MTA, its successors and assigns, to use the Property in exercise of its
powers and in the performance of its duties, including those as a public transportation body.
Notwithstanding other rights of the MTA, the MTA hereby specifically reserves to itself, and its
successors and assigns, the right to also use the Property as granted herein to Grantee, including
but not limited to, construction, installation, operation, maintenance, repair, reconstruction,
renewal, and/or relocation any new or existing railroad tracks, facilities, and appurtenances,
and/or any existing or future transportation, communication, and pipeline improvements,
facilities, and appurtenances, wires, fiber optic, cable, pipes, utilities, and other facilities
and/or improvements consistent with the rights granted herein, provided, however, that in the
exercise of such rights, the MTA shall use reasonable care not to interfere with the use by
Grantee of the Property as granted herein nor materially or adversely affect Grantee's use of the
Property. The easement granted herein is subject to all existing uses, license, leases, easements,
restrictions, conditions, covenants, liens and claim of title which may affect said Property,
including but not limited to an existing operating railroad and existing operating transit system
with structural columns within the Property.
1 C5 0078838
i
n
3. Construction. Any work performed or caused to be performed by Grantee, on the
Property shall be done in accordance with any and all applicable laws and regulations, and in a r
manner which is equal to or greater than the then applicable standards of the industry for such
work. Prior to commencement of any construction, reconstruction, installation, repair, or
alteration (other than normal maintenance) on the Property, Grantee shall submit work plans to
MTA for its prior review and approval. Any such construction, reconstruction, installation,
alteration and repair must be carried out pursuant to work plans approved in writing by MTA.
MTA's approval will not be unreasonably withheld. In addition, Grantee, or shall contact MTA
at least five (5) business day prior to commencement of any work on the Property, except in
cases of emergency, in which event Grantee shall notify MTA's representative personally or by
phone as soon thereafter as reasonably practical. Grantee shall notify MTA within three (3) days
after completion of any work on the Property. Explosives or other highly inflammable substances
shall not be stored nor used on the Property without the prior approval of MTA's representative.
MTA shall have the right at any time to inspect the Property so as to monitor compliance with
this Agreement. MTA shall be permitted to conduct any tests or assessments, including but not
limited to environmental assessments, of, on or about the Property, as it determines to be
necessary or useful to evaluate the condition of the Property. Grantee shall cooperate with MTA
in any tests or inspections deemed necessary by MTA. In addition, Grantee, at Grantee's sole
expense, shall maintain facility and/or improvements in good condition during the term of this
Agreement and shall perform all maintenance of the Property as necessary to keep the Property in
good order and condition. The term "Grantee" as used in this Agreement shall include its
successor and/or assign.
4. Liens. Grantee will fully and promptly pay for all materials joined or affixed to the
Property, and fully and promptly pay all persons who perform labor upon said Property. Grantee
shall not suffer or permit to be filed or enforced against the MTA and/or the Property or any part
thereof, any mechanics', materialmens', contractors', or subcontractors' liens or stop notices
arising from, or any claim, growing out of the work performed by Grantee or its agents. Grantee
shall pay or cause to be paid all such liens, claims or demands within ten (10) business days
after notice thereof and shall indemnify, hold harmless and defend MTA from all obligations and
claims made against MTA for the above described work, including attorneys' fees. Grantee shall
furnish evidence of payment upon request of MTA. Grantee may contest any lien, claim, demand
or stop notice by furnishing a statutory lien bond to MTA in compliance with applicable
California law, or providing other security which is reasonably acceptable to MTA. If Grantee
does not discharge any mechanic's lien or stop notice for work performed for Grantee, MTA shall
have the right to discharge same (including by paying the claimant) and Grantee shall reimburse
MTA for the cost of such discharge within ten(10)business days after billing. After this ten(10)
business day period, such amount shall bear interest at the rate of four percent (4%) per annum in
excess of the prime rate established by Wells Fargo Bank or its successor or assign from time to
time. MTA reserves the right at any time to post and maintain on the Property such notices as
may be necessary to protect MTA against liability for all such liens and claims. The provisions
of this paragraph shall survive the termination of this Agreement.
2
05 0®,8838
�Ilwtli giv 4 m p .ii
5. Conin iance with Laws. Grantee shall comply with all applicable federal, state and
local laws, regulations, rules and orders in its use of the Property and shall furnish satisfactory
evidence of such compliance promptly upon request of MTA. The MTA may enter the Property
to make inspections at any time, upon provision of reasonable notice of inspection to Grantee.
Grantee shall obtain all required permits or licenses required by any governmental authority for
the use of the Property at its sole cost and expense.
6 Abandonment. Should Grantee at any time abandon the use of the Property, or
any part thereof, or fail at any time for a continuous period of one (1) year to use the same for the
purposes contemplated herein, then this Agreement shall terminate to the extent of the portion so
abandoned or discontinued, and in addition to any other rights or remedies, with respect to the
portion so abandoned or discontinued, MTA shall immediately be entitled to exclusive
possession and ownership without the encumbrance of this Agreement or the easement granted
herein, and upon MTA's re-entry, Grantee at its sole cost shall remove its facility and/or
improvements from the Property and restore the Property to the same state and condition in
which it existed prior to the granting of this easement.
7. Breach. Should Grantee breach, or fail to keep, observe or perform any
agreement, covenant, term or condition on its part herein contained, then, in addition to any other
available rights and remedies, MTA may at its option (i) perform any necessary or appropriate
corrective work at Grantee's expense, which Grantee agrees to pay to MTA upon demand or (ii)
immediately terminate this Agreement upon delivery of written notice thereof to Grantee. Upon
termination of this Agreement, Grantee shall promptly execute and deliver to MTA a quitclaim
deed in recordable form quitclaiming and releasing all rights granted in this Agreement. Upon
termination of this Agreement, Grantee, at its own cost and expense, shall remove Grantee's
facility and/or improvements and restore the Property as nearly as possible to the same state and
condition as existed prior to the granting of this easement. No termination hereof shall release
Grantee from any liability or obligation hereunder, whether of indemnity or otherwise, resulting
from any acts, omissions or events happening prior to the date of the removal of Grantee's
facility and/or improvements and the Property is restored.
8. lndetnmiification,. Grantee, on behalf of itself and its successors and assigns,
agrees to indemnify, defend (by counsel reasonably satisfactory to MTA), and hold harmless
MTA and its subsidiaries, directors, officers, employees, agents, successors and assigns
(individually and collectively referred to as "l.ndenunitees"), to the maximum extent allowed by
law, from and against all loss, liability, claims, demands, suits, liens, claims of lien, damages
(including consequential damages), costs and expenses (including, without limitation, any fines,
penalties,judgments, litigation expenses, and experts' and attorneys' fees), that are incurred by or
asserted against Indemnitees arising out of or connected in any manner with (i) the acts or
omissions to act of the Grantee, or its officers, directors, affiliates, employees, agents, visitors,
invitees, subcontractors and contractors or anyone directly or indirectly employed by or for
whose acts Grantee is liable (collectively, "Personnel") in connection with the Property or any
portion thereof or arising from the presence upon or performance of activities by Grantee or its
Personnel with respect to the Property or any portion thereof, (ii) bodily injury to or death of any
person (including employees of Indemnitees) or damage to or loss of use of property resulting
from such acts or omissions of Grantee or its Personnel, or (iii) non-performance or breach by
3 05 o0'i3838
Grantee or its Personnel of any term or condition of this Agreement, in each case whether
occurring during the term of this Agreement or thereafter.
The foregoing indemnity shall be effective regardless of any negligence (whether passive,
derivative,joint, concurring or comparative) on the part of Indemnitees, unless caused solely by
the active negligence or willful misconduct of Indemnitees; shall survive termination of this
Agreement; and is in addition to any other rights or remedies which Indemnitees may have under
the law or under this Agreement.
Claims against the Indemnitees by Grantee or its Personnel shall not limit the Grantee's
indemnification obligations hereunder in any way, whether or not such claims against
Indemnitees may result in any limitation on the amount or type of damages, compensation, or
benefits payable by or for a Grantee or its Personnel under workers' compensation acts, disability
benefit acts or other employee benefit acts or insurance. Grantee assumes any and all risk of loss,
damage, or injury of any kind to any person or property as a result of its occupancy of the
Property.
To the maximum extent allowed by law Grantee assumes any and all risk of loss, damage or
injury of any kind to any person or property, including without limitation, the Property or any
portion thereof and any other property of, or under the control or custody of, Grantee,which is on
or near the Property. Grantee's assumption of risk shall include, without limitation, loss or
damage caused by defects in any structure or improvement on the Property, accident or fire or
other casualty on the Property, or electrical discharge, noise or vibration resulting from MTA's
transportation operations on or near the Property. The term 'MTA" as used in this paragraph
shall include: (i) any transportation company validly operating upon or over MTA's right-of-way,
and (ii) any other persons or companies employed, retained or engaged by MTA. Grantee, on
behalf of itself and its Personnel, as a material part of the consideration for this Agreement,
hereby waives all claims and demands against MTA for any such loss, damage or injury of
Grantee and/or its Personnel.
The provisions of this paragraph shall survive the termination of this Agreement.
9. 'Flazardous/Toxic Materials Use and Indemnity. Grantee shall operate and maintain
the Property in compliance with, and shall not cause or permit the Property to be in violation of,
any federal, state or local environmental, health and/or safety-related laws, regulations, standards,
decisions of the courts, permits or permit conditions, currently existing or as amended or adopted
in the future which are or become applicable to Grantee or the Property("Environmental Laws").
Grantee shall not cause or permit, or allow Grantee's Personnel to cause or permit, any
Hazardous Materials to be brought upon, stored, used, generated, treated or disposed of on or
about the Property. Any Hazardous Materials placed on the site by Grantee shall be disposed of
in accordance with all applicable Environmental Laws. As used herein, "hazardous Materials"
means any chemical, substance or material which is now or becomes in the future listed, defined
or regulated in any manner by any Environmental Law based upon, directly or indirectly, its
properties or effects.
05 007$$38
4
Grantee shall indemnify, defend and hold harmless the Indemnities (as defined in above
Para r oh 8) from and against all loss, liability, claim, damage, cost or expense (including
without limitation, any fines, penalties, judgments, litigation expenses, attorneys' fees, and
consulting, engineering, and construction fees and expenses) incurred by Indemnitees as a result
of (a) Grantee's breach of any prohibition or provision of this section, or (b) any release of
Hazardous Materials upon or from the Property or contamination of the Property or adjacent
properties which (i) occurs due to the use and occupancy of the Property by Grantee or Grantee's
Personnel, or(ii) is made worse due to the act or failure to act of Grantee or Grantee's Personnel.
The foregoing indemnity shall be effective regardless of any such negligence (whether
passive, derivative, joint, concurring or comparative) on the part of Indemnitees, unless caused
solely by the active negligence or willful misconduct of Indemnitees; shall survive termination of
this Agreement; and is in addition to any other rights or remedies which Indemnitees may have
under the law or under this Agreement. In addition, in the event of any release on or
contamination of the Property by Grantee, Grantee, at its sole expense, shall promptly take all
actions necessary to clean up the affected property (including the Property and all affected
adjacent property -- whether or not owned by MTA) and to clean the affected property to the
satisfaction of the government agency having jurisdiction or, return the affected property to the
condition existing prior to such release or contamination.
10. Notices. All notices and demands which either party is required to desires to or give
to the other shall be made in writing by personal delivery, by express courier service or by
certified mail postage prepaid, and addressed to such party at its address set forth below. Either
party may change its address for the receipt of notice by giving written notice thereof to the other
party in the manner herein provided. Notices shall be effective only upon receipt by the party to
whom notice or demand is given.
Grantee: MTA:
City of El Segundo Los Angeles County
Public Works Department Metropolitan Transportation Authority
350 Main Street One Gateway Plaza 14th Floor
El Segundo, CA 90245-3895 Los Angeles, CA 90012
Attn: Real Estate Department
11. Maintenance and Rehr. Grantee, at Grantee's sole expense, shall maintain the
Property and its improvements in a first class condition during the term of this Agreement, and
shall perform all maintenance, repairs, and cleanup of the Property and improvements, including
but not limited to graffiti removal, as necessary to keep the Property and improvements in good
order and condition.
12. Governing Law. This Agreement shall be governed by the laws of the state of
California, and exclusive venue is the County of Los Angeles.
05 U478838
5
13. Severability. If any term, covenant, condition or provision of this Agreement, or
the application thereof to any person or circumstance, shall to any extent be held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms,
covenants, conditions, or provisions of this Agreement, or the application thereof to any person
or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or
invalidated thereby.
14. Waiver of Covenants or Conditions. The waiver by one party of the performance
of any covenant or condition under this Agreement shall not invalidate this Agreement nor shall
it be considered a waiver by it of any other covenant or condition under this Agreement.
15. Amendment. This Agreement may be amended at any time by the written
agreement of MTA and Grantee. All amendments, changes, revisions, and discharges of this
Agreement in whole or in part, and from time to time, shall be binding upon the parties despite
any lack of legal consideration, so long as the same shall be in writing and executed by the
parties hereto.
16. Bindine Effect. The covenants, terms and conditions hereof shall inure to the
benefit of and be binding upon the heirs, successors and assigns of the parties. Prior to any
transfer or assignment, the transferring party will provide written notice thereof to the other
party. This Agreement is intended to benefit only the parties hereto and no other person or entity
has or shall acquire any rights hereunder, except Grantee and subsequent lot owners as described
in Paragraph 19 below.
17. AttomeyL Attorneys' Fees. In any proceeding involving performance under this Agreement,
or default or breach thereof, the prevailing party shall be entitled to its reasonable attorney's fees
and costs. The prevailing party is the party that the court determines substantially obtained the
relief it was seeking in the proceeding.
18. Nondiscrimination. Grantee certifies and agrees that all persons employed by it
and/or its affiliates, subsidiaries, or holding companies and any contractors retained by it with.
respect to the Property are and shall be treated equally without regard to or because of race,
religion, ancestry, national origin, or sex, and in compliance with all federal and state laws
prohibiting discrimination in employment, including but not limited to the Civil Rights Act of
1964; the Unruh Civil Rights Act; the Cartwright Act; and the California Fair Employment
Practices Act.
19. Acceptance. This is to certify that the interest in real property conveyed by the
foregoing easement agreement from the Los Angeles County Metropolitan Transportation
Authority, a public agency, to the City of El Segundo ("City"), 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.
6 05), 00'-78838
3424 . . .
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their duly authorized representatives as of the date first written above.
MTA:
LOS ANGELES COUNTY Approved as to Form '
METROPOLITAN TRANSPORTATION OFF(<& OF 71#6
AUTHORITY, County Counsel
a public agency f
By By
Name: Velma C. Marshall DJC u�
Title: Director of Real Estate
GRANTEE:
CITY OF EL SEGUNDO,
a public agency
y4t�1*4 �
Name: IM(X)r? �" ,.tv%n—
Title: C POWA Q�C
ATTEST:
cell
"„
Cathy Domann, Deputy City Clerk
7 05
State of California )
ss
County of
On l�ovi M tier- I(o .24104 before ane, the undersigned, a notary public in and for
the said-state, personally appeared :3Telmck .1 personally known to
me to be the persont.whose namert*
islarp subscribed to the within instrument and acknowledged to me that Wshe/they-executed the
same in /her/thsir authorized capacity), and that by ItWherAheix• signatures) on the
instrument the person(, or the entity upon behalf of which the person(„ acted, executed the
instrument. `
RE INQ BlU NROSTRO I
Q COMM. #1442902 U
WITNESS my hand and official seal. i'= - NOTARY PUBLI •CA1 FORNNA, 3)
s
LOS ANGELES COUNTY A
,w My Comm.Expires Sep.30,2007 f
Printed Name of Notary Public nD
My Commission Expires (Seal)
+�e "
30, Zv 0-1
8 05 0078838
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the
easement agreement/grant dated November 16, 2004 from the
Metropolitan Transportation Authority to the City of El Segundo, a
governmental agency, is accepted by the City Manager on behalf of the
City of El Segundo pursuant to authority conferred by City Council
Resolution Number 4848 adopted on December 2, 2003, and the grantee
consents to recordation thereof by its duly authorized officer.
Date:
Mar '�Sren City Manager
05 0078838
EXHIBIT «A»
LEGAL DESCRIPTION OF EASEMENT AREAS
PARCEL 2-5RE (AIR RIGHTS FOR A UNDERPASS ROAD EASEMENT)
PARCEL 2-5WP (EASEMENT FOR WATER PUMP FACILITY)
PARCEL 2-5DE (SUBSURFACE EASEMENT FOR DRAINAGE)
PARCEL 2-5SR (EASEMENT FOR SEISMIC RESTRAINTS)
PARCEL 2-5TT (EASEMENT FOR TIE-BACK)
PARCEL 2-5TT.1 (EASEMENT FOR TIE-BACK)
'05 007,8838
10
X424
EXHIBIT "A„
DOUGLAS STREET 2-5RE
Includes: Parcel Nos. 2-5WP, 2-5DE,
2-5SR, 2-517, & 2-5TT.1
Affects: West Coast Basin Barrier Project
Parcel No. 58, 176-RW4
A.P.N. 4138-012-900 and -902
T.G. 732 (J3)
I.M. 069-157
Fourth District
M02D6854
LEGAL DESCRIPTION
PARCEL NO. 2-6RE (Easement for public road purposes):
That portion of that certain parcel of land in the southeast quarter of Section 18,
Township 3 South, Range 14 West, as shown on map of the Subdivision of the part of the
Sausal Redondo Rancho filed in Case No. 11629 of the Superior Court of the State of
California for the County of Los Angeles, a copy of said map being filed as Clerk's Filed
Map No. 218 in the office of the Director of the Department of Public Works of said county,
described as PARCEL D-1 in deed to Los Angeles County Transportation Commission
recorded on February 1, 1991, as Instrument No. 91-155546, of Official Records, in the
office of the Recorder of said county, within the following described boundaries:
Commencing at the most westerly corner of Lot 26, Tract No. 26557, as shown on
map recorded in Book 675, pages 95 through 98, of Maps, in the office of said recorder;
thence South 47029'18" East, along the southwesterly line of said lot, a distance of 121.11
feet to a point, said point being the beginning of a non-tangent curve concave to the west
and having a radius of 371.00 feet, a radial of said curve to said point bears North
65°11'07" East; thence southerly, along said curve, through a central angle of 24045'01",
an arc distance of 160.26 feet; thence tangent to said curve South 0003'52" East 18.55
feet; thence North 89056'08" East 2.25 feet; thence South 0003'52" East 22.46 feet to a
point on the northeasterly boundary of said PARCEL D-1, said last mentioned point being
the TRUE POINT OF BEGINNING; thence continuing South 0003'52" East 135.80 feet to
the southwesterly boundary of said PARCEL D-1;thence North 47029'18"West,along said
southwesterly boundary, a distance of 114.33 feet to the northerly terminus of that certain
course having a bearing and distance of North 0000'04"West 293.52 feet in the westerly
boundary of Douglas Street, as described in deed to the City of EI Segundo, recorded on
July 6, 1965, as Document No. 2930, in Book D2966, page 354, of said Official Records;
thence continuing North 47029'18"West, along said southwesterly boundary,a distance of
6.24 feet; thence North 0003'52" East 95.24 feet to a radial of the above described
05 0078838
EXHIBIT "All �I
371.00-foot radius curve at the southeasterly terminus of said curve; thence North
89056'08" East, along said radial, a distance of 2.28 feet to the beginning of a curve
concentric with and 84.25 feet westerly, measured radially, from the above described
371.00-foot radius curve; thence northerly, along said concentric curve, through a central
angle of 8015'34", an arc distance of 41.34 feet to said northeasterly boundary; thence
southeasterly, along said northeasterly boundary, to the TRUE POINT OF BEGINNING.
Excepting therefrom that portion which lies above a horizontal plane having an
elevation of 94.50 feet, and that portion which lies below a horizontal plane having an
elevation of 20.00 feet.
Also excepting therefrom three 7-foot diameter cylindrical volumes, each
encompassing one of the Grantor's three eight-sided columns and their cylindrical pile
foundations, between said horizontal plane having an elevation of 94.50 feet and said
horizontal plane having an elevation of 20.00 feet, the horizontal centers of said columns
and piles being on points distant North 0000'39" West 18.87 feet, 48.14 feet, and 86.94
feet, measured along the northerly prolongation of that certain course having a length of
320.24 feet in the centerline of Douglas Street, 78 feet wide, as said centerline is shown on
Parcel Map No. 17158, filed in Book 208, pages 60 and 61, of Parcel Maps, in the office of
said recorder, from the southerly terminus of said northerly prolongation.
Also excepting therefrom the volume of Grantor's pedestrian bridge, which lies
between horizontal planes having elevations of 82.86 feet at the bridge seats and 94.50
feet, and which is bounded by the following described courses:
Beginning at a point in the above mentioned northerly prolongation, said point being
North 0000'39" West, along said northerly prolongation, a distance of 24.70 feet from its
southerly terminus;thence South 47129'18" East 31.62 feet;thence South 27031'27"East
33.96 feet;thence North 89°59'21" East 4.00 feet; thence North 0000'39"West 40.00 feet;
thence South 89°59'21"West 11.23 feet;thence North 47029'18"West 74.71 feet;thence
North 31048'52" West 29.76 feet; thence South 89059'21"West 4.00 feet; thence South
0000'39" East 35.50 feet; thence North 89059'21" East 11.58 feet to the northwesterly
prolongation of the above-described course having a bearing and distance of
South 47029'18" East 31.62 feet;thence South 47029'18" East, along said last mentioned
prolongation, a distance of 42.62 feet to the point of beginning.
Also excepting therefrom the volume of Grantor's railroad bridge,which lies between
horizontal planes having elevations of 82.15 feet at the bridge seats and 94.50 feet, and
which lies within a strip of land 19.50 feet wide, being 9.75 feet on each side of the
following described centerline:
Beginning at a point in that course in the generally westerly boundary of the above
05 0078838
EXHIBIT "A"
described PARCEL NO. 2-5RE having a bearing and distance of North 0003'52" West
95.24 feet, said last mentioned point being distant North 0003'52"West 67.67 feet, along
said last mentioned course, from the southerly terminus thereof; thence South
47029'18" East 120.57 feet to the easterly line of said PARCEL NO. 2-5RE.
The sidelines of the above described 19.50-foot strip of land shall be prolonged or
shortened so as to terminate in said generally westerly boundary and said easterly line of
PARCEL NO. 2-5RE.
All the above mentioned elevations are based on a 2 inch bronze benchmark disk
stamped "LACTC BM EL-V 034 LS3258, ELEVATION = 87.42 FEET", set in the
southwesterly corner of a concrete structure on the southeast side of Douglas Street, in
the westerly corner of Lot 22 of said Tract No. 26557.
Containing: 12,003± square feet.
To be known as DOUGLAS STREET.
PARCEL NO. 2-5WP (Water pump easement):
That portion of the above-mentioned PARCEL D-1, in the southeast quarter of
above mentioned Section 18, within the following described boundaries:
Beginning at the TRUE POINT OF BEGINNING for the above described PARCEL
NO. 2-5RE; thence South 0003'52" East, along the easterly line of said PARCEL NO.
2-5RE, a distance of 34.89 feet; thence South 47029'18" East, parallel with the above
mentioned northeasterly boundary of PARCEL D-1, a distance of 56.67 feet;thence North
0003'52"West, parallel with said easterly line, a distance of 10.45 feet to a point in a line
parallel with and 18 feet southwesterly, measured at right angles, from the above
mentioned northeasterly boundary, said last mentioned point being hereby designated as
Point"A";thence continuing North 0003'52"West 24.44 feet to a point in said northeasterly
boundary, said last mentioned point being hereby designated as Point "B"; thence
northwesterly, along said northeasterly boundary, to the point of beginning.
Excepting therefrom that portion which lies above a horizontal plane having an
elevation of 94.50 feet and that portion which lies below a horizontal plane having an
elevation of 44.00 feet,said elevations being based on the above mentioned 2 inch bronze
benchmark disk stamped "LACTC BM EL-V 034 LS3258, ELEVATION = 87.42 FEET".
Containing: 1456±square feet.
05 0078838
EXHIBIT "All
PARCEL NO. 2-5DE (Drainage easement):
That portion of the above mentioned PARCEL D-1, in the southeast quarter of the
above mentioned Section 18,within a strip of land 10 feet wide, lying 5 feet on each side of
the following described centerline:
Beginning at Point"A", designated in above described PARCEL NO.2-5WP;thence
South 47129'18" East, along a line parallel with and 18 feet southwesterly, measured at
right angles,from the above mentioned northeasterly boundary of PARCEL D-1,a distance
of 186.85 feet; thence South 42130'42" West 77.00 feet to a line parallel with and 5 feet
northeasterly, measured at right angles, from that certain course described as having a
length of 1390.42 feet in the above mentioned southwesterly boundary of PARCEL D-1;
thence South 47029'18" East, along said last mentioned parallel line, a distance of 904.88
feet to a line parallel with and 5 feet northeasterly, measured at right angles, from that
certain course described as having a length of 531.05 feet in said last mentioned
southwesterly boundary; thence southeasterly, along said last mentioned parallel line, a
distance of 531.18 feet to the northwesterly boundary of that certain parcel of land
described in deed to County of Los Angeles, recorded on February 25, 1964,as Document
No. 4672, in Book D2372, page 35, of the above mentioned Official Records.
The sidelines of the above described 10-foot strip of land shall be prolonged or
shortened northwesterly so as to terminate in the easterly line of the above described
PARCEL NO. 2-5WP, and shall be prolonged or shortened southeasterly so as to
terminate in said northwesterly boundary, and shall be prolonged or shortened at the angle
points so as to terminate at their points of intersection.
Excepting therefrom that portion which lies above a horizontal plane having an
elevation of 87.00 feet and that portion which lies below a horizontal plane having an
elevation of 65.00 feet. said elevations being based on the above mentioned 2 inch bronze
benchmark disk stamped "LACTC BM EL-V 034 LS3258, ELEVATION = 87.42 FEET".
Also excepting therefrom any portions of 7-foot diameter cylindrical volumes,
encompassing Grantor's eight-sided columns and their cylindrical pile foundations, lying
within the above described 10-foot strip of land, between said horizontal plane having an
elevation of 87.00 feet and said horizontal plane having an elevation of 65.00 feet
Containing: 16,999±square feet.
05 0078838
EXHIBIT "All
PARCEL NO. 2-5SR (Easement for seismic restraint structure):
That portion of the above-mentioned PARCEL D-1, in the southeast quarter of
above mentioned Section 18, within the following described boundaries:
Beginning at the northerly terminus of the above mentioned course having a bearing
and distance of North 0103'52"West 95.24 feet in the generally westerly boundary of the
above described PARCEL NO. 2-5RE; thence South 0103'52" East, along said last
mentioned course, a distance of 17.04 feet; thence South 89056'08" West 20.00 feet;
thence North 0003'52"West 25.00 feet; thence North 89056'08"East 22.18 feet to said last
mentioned generally westerly boundary; thence southerly and westerly, along said last
mentioned generally westerly boundary, to the point of beginning.
Excepting therefrom that portion which lies above a horizontal plane having an
elevation of 87.12 feet and that portion which lies below a horizontal plane having an
elevation of 33.01 feet, said elevations being based on the above mentioned 2 inch bronze
benchmark disk stamped "LACTC BM EL-V 034 LS3258, ELEVATION = 87.42 FEET".
Also excepting therefrom a 7-foot diameter cylindrical volume, encompassing
Grantor's eight-sided column and its cylindrical pile foundation, lying within said last
described boundaries, between said horizontal plane having an elevation of 87.12 feet and
said horizontal plane having an elevation of 33.01 feet.
Containing: 518± square feet.
PARCEL NO. 2-5TT (Easement for tie-backs):
That portion of the above-mentioned PARCEL D-1, in the southeast quarter of
above mentioned Section 18, within the following described boundaries:
Beginning at a point in the above mentioned course having a bearing and distance
of North 0003'52" West 95.24 feet in the generally westerly boundary of the above
described PARCEL NO. 2-5RE, said point being distant South 0003'52" East 13.15 feet,
along said last mentioned course, from the northerly terminus thereof; thence continuing
South 0103'52" East, along said last mentioned course, a distance of 34.50 feet; thence
South 79000'02" West 35.65 feet; thence North 0003'52" West 41.26 feet; thence North
89056'08" East 35.00 feet to the point of beginning.
Excepting therefrom that portion which lies between an inclined plane, the easterly
edge of said last mentioned plane having an elevation of 82 feet and the westerly edge of
said last mentioned plane having an elevation of 72 feet, and an inclined plane, the
05 0078838
EXHIBIT "A"
easterly edge of said last mentioned plane having an elevation of 78 feet and the westerly
edge of said last mentioned plane having an elevation of 60 feet, said two last mentioned
planes being bounded by said last described boundaries, said elevations being based on
the above mentioned 2 inch bronze benchmark disk stamped "LACTC BM EL-V 034
LS3258, ELEVATION = 87.42 FEET".
Also excepting any portion of a 7-foot diameter cylindrical volume, encompassing
Grantor's eight-sided column and its cylindrical pile foundation, lying within said last
described boundaries.
Containing: 13206±square feet.
PARCEL 'NO. 2-5TT.1 (Easement for tie-backs):
That portion of the above-mentioned PARCEL D-1, in the southeast quarter of
above mentioned Section 18, within the following described boundaries:
Beginning at a point in the easterly line of the above described PARCEL NO.2-5RE,
said point being distant South 0°03'52" East 47.93 feet, along said easterly line, from the
northeasterly corner of said PARCEL NO. 2-5RE; thence continuing South 0103'52" East,
along said easterly line, a distance of 34.00 feet; thence North 89056'08" East 35.00 feet;
thence North 0103'52" West 34.00 feet; thence South 89056'08" West 35.00 feet to the
point of beginning.
Excepting therefrom that portion which lies between an inclined plane,the westerly
edge of said last mentioned plane having an elevation of 82 feet and the easterly edge of
said last mentioned plane having an elevation of 72 feet, and an inclined plane, the
westerly edge of said last mentioned plane having an elevation of 78 feet and the easterly
edge of said last mentioned plane having an elevation of 65 feet, said two last mentioned
planes being bounded by said last described boundaries, said elevations being based on
the above mentioned 2 inch bronze benchmark disk stamped "LACTC BM EL-V 034
LS3258, ELEVATION = 87.42 FEET".
Containing: 1190±square feet.
APPROVED AS TO DESCRIPTION
*:k , 2L)�04^
o COU OF L GELES
P1
By -"
NO.7599 +►
LICENSED SURVEYO
OF C
05 0078838
December 14, 2004
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
On December 13, 2004, before Cathy Domann, Deputy City Clerk, personally
appeared Mary Strenn, City Manager of the City of El Segundo, personally
known to me to be the person whose name is subscribed to on the within
instrument, and acknowledged to me that she executed the same in her
authorized capacity, and that by her signature on the instrument the person, or
entity upon behalf of which the persons acted, executed the instrument.
Witness my hand and Official Seal
Cathy Doi ann, Deputy City Clerk
C:forms\certsig
05 0®78838