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TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Len Gorecki, Assistant City Manager/Director of Public Works
SUBJECT: Consideration and possible action to authorize the City Manager to execute Easement Agreement File No. 837.8, in a form approved by the City Attorney, with 16411 Bellflower LLC for a portion of private property located 16411 Bellflower Boulevard for the purpose of constructing an ADA curb ramp at the southwest corner of Bellflower Boulevard and Mayne Street.
DATE: December 11, 2023
EXECUTIVE SUMMARY
This agreement would grant a public easement to the City for the property located at 16411 Bellflower Boulevard for the purpose of constructing an ADA curb ramp at Bellflower Boulevard and Mayne Street.
RECOMMENDATION TO CITY COUNCIL
1) Authorize the City Manager to execute Easement Agreement File No. 837.8, in a form approved by the City Attorney, with 16411 Bellflower LLC, property owner at 16411 Bellflower Boulevard; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
None.
DISCUSSION
Currently, the southwest corner of Bellflower Boulevard and Mayne Street has a non-ADA compliant curb ramp in place. For the City to properly construct a compliant curb ramp that lines up with the existing crosswalks, the City must utilize a small portion of private property located at 16411 Bellflower Boulevard. As part of the second phase of the private development at this location, Public Works staff met with the property owner (16411Bellflower LLC) and proposed the easement to the City for the purpose of the curb ramp construction.
This agreement establishes the granting of the easement and provides detailed exhibits needed in order for the easement to be recorded with the County Registrar.
ATTACHMENT
Easement Agreement File No. 837.8
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY OF BELLFLOWER
16600 Civic Center Drive
Bellflower, CA 90706
Attn: City Clerk
FREE RECORDING REQUESTED PURSUANT TO GOV. CODE §§ 6103 AND 27383 SPACE ABOVE THIS LINE FOR RECORDER’S USE
EASEMENT AGREEMENT FILE NO. 837.8
THIS EASEMENT AGREEMENT (the “Agreement”) dated the ____ of _________, 202__, by and between 16411 Bellflower LLC, a limited liability company, hereinafter called “Grantor”, and THE CITY OF BELLFLOWER, a municipal corporation, hereinafter called “Grantee”.
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Grantor does hereby GRANT to the City a non-exclusive easement for public sidewalk purposes (the “Facilities”), including the right to build, construct, install, keep and maintain under, in, over and upon the real property in the City of Bellflower, County of Los Angeles, State of California, described as:
See Exhibits “A” and “B” attached hereto and by reference made a part thereof.
(hereinafter, the “Easement Premises”).
The Facilities will remain property of the City, and the City shall have the right at all times to go upon the Easement Premises to construct, maintain and repair the Facilities as may be necessary, and while nothing in this easement agreement shall be construed as to grant any right to City which shall in any way interfere with the safe and unrestricted use by the Grantor of the land adjacent to the Easement Premises, Grantor shall neither use nor attempt to use said property in such manner as would interfere with the proper, safe and continuous maintenance and use of the Easement Premises for the purposes stated above and specifically shall not build thereon or thereover any structure which may interfere with the maintenance and use of Easement Premises.
Notwithstanding anything contained herein to the contrary, Grantor hereby reserves the right (i) to use, and permit others to use, any surface or subsurface areas within the Easement Premises so long as such use does not materially interfere with City’s rights hereunder and City’s use of the Easement Premises, and (ii) to improve over, all or any portion of the Easement Premises with landscaping, paved driveways and parking surfaces, so long as such improvements do not substantially interfere with City’s rights hereunder and City’s use of the Easement Premises.
City agrees by the acceptance of this easement agreement that it shall bear the full expense of restoring the surface area of the Easement Premises to the same condition existing thereon prior to any activities by City that alter the surface area of the Easement Premises, except to the extent that the Facilities are constructed or installed upon the surface of the Easement Premises pursuant to the rights herein granted. Grantor agrees that the City may use a sawcut sealant or -2-
comparable material to repair saw cuts made by the City in any concrete surface within the Easement Premises. City agrees to repair any actual damages to improvements on the Easement Premises and property adjacent thereto owned by Grantor resulting from City’s entry upon the Easement Premises. Any activity of City on the Easement Premises shall be performed by the City in an expeditious manner consistent with generally accepted construction practices so as to minimize interference with Grantor’s operation on the Easement Premises or the property adjacent thereto owned by Grantor.
City shall indemnify, defend and hold harmless Grantor and Grantor’s officers, directors, members, shareholders, employees, contractors, licensee, agents, and representatives (individually and collectively, “Indemnitee”) from and against any action, cause of action, liability, suit, costs and expenses (including court costs and reasonable attorney’s fees), claim, liens (including mechanics’ liens), or demand whatsoever (collectively, “Claims”) brought or asserted by any third person whomsoever, at law or in equity, arising out of or in connection with City’s operation, use, maintenance or repair of the Facilities, or use of the Easement Premises.
City shall also be responsible to Grantor for any and all damages, including property damages, arising out of or in connection with City’s operation, use, maintenance or repair of the Facilities, or use of the Easement Premises
EXHIBITS “A” and “B” TO EASEMENT AGREEMENT
LEGAL DESCRIPTION OF THE PROPERTY
SEE ATTACHED DOCUMENTS
Assessor’s Parcel Number: 7106-020-041
Street Address: 16411 Bellflower Boulevard
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CERTIFICATE OF ACCEPTANCE
Pursuant to Government Code § 27281, this is to certify that the interest in real property conveyed by the grant deed from Serrano Development (“Grantor”) to the City of Bellflower, a general law city in Los Angeles, County (“Grantee”) is accepted by order of the City Council and the Grantee consents to the recordation thereof.
APPROVED AS TO FORM: CITY OF BELLFLOWER,
OFFICE OF THE CITY ATTORNEY A Municipal Corporation
By:_________________________ By:_________________________ Karl H. Berger, Jeffrey L. Stewart,
City Attorney City Manager
ATTEST:
By:_________________________
Mayra Ochiqui,
City Clerk
State of California )
County of )
On ________________________, 202___ before me, _______________________________, Notary Public, 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 _______________________________
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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