AGENDA REPORT
Meeting Date: September 10, 2024
Item Number:
To: Honorable Mayor & City Council
From: Daren Grilley, Assistant Director of Public Works/City Engineer Ara Retchian, Associate Project Manager
Subject: RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY
HILLS AUTHORIZING THE ACCEPTANCE OF AN EASEMENT FOR
SEWER, WATER AND GAS PURPOSES AND THE SUMMARY
VACATION OF THE CITY’S EXISTING SEWER, WATER AND GAS
EASEMENT OVER THE PROPERTY LOCATED AT 1004 NORTH
REXFORD DRIVE
Attachments: 1. Existing and Proposed Easements
2. City Council Resolution
RECOMMENDATION
Staff recommends City Council adopt the proposed resolution authorizing the acceptance of a new easement for sewer, water, and gas purposes and summarily vacate the City’s existing sewer, water, and gas easement over a portion of the property located at 1004 N.
Rexford Drive.
INTRODUCTION
An existing City-owned sanitary sewer pipeline is located within a 10-foot easement on private property. In order to facilitate the redevelopment of the property, the property owner has proposed to relocate the pipeline and establish a new easement on the property as shown on Attachment 1.
DISCUSSION
The current property owners at 1004 N. Rexford Drive have proposed to relocate a portion of the City’s sewer main (the only utility within the easement) in the said property to allow for the construction of a new swimming pool. The relocation of the sewer main will be inspected and completed to the satisfaction of City staff. The property owner is offering to dedicate a new 10-foot-wide easement for sanitary sewer purposes and incidental uses (including, but not limited to, the construction, use, operation, maintenance, and repair) in, Meeting Date: September 10, 2024
over, and under a portion of the said property for the new sanitary sewer. No improvements will be allowed within the new easement without the City’s approval.
The property owner is also requesting the City to vacate the City’s interest in the entire public utility easement that is no longer being used. Staff has reviewed the request, and it has been determined that the easement is no longer needed for the purposes for which it was acquired since the City’s sanitary sewer will be relocated to the new easement offered by the property owner to the City of Beverly Hills. The existing easement will not be vacated until the utility relocation is completed and inspected to the satisfaction of City staff before the City relinquishes its interest.
FISCAL IMPACT
There is no fiscal impact to the City associated with approval of the proposed easement or summary vacation. The property owner is responsible for all associated costs.
Shana Epstein,
Director of Public Works
Approved By
Attachment 1
¯
© Copyright 2021 City of Beverly Hills. All
rights reserved. Although we make every
effort to provide accurate data herein, this
map is only representational and no
warranties expressed or implied.
Existing and Proposed
0 30 60 15 ft
Sewer Mains
Lined
Undetermined
City Boundary
Parcels
Date: 8/14/2024 10:42 AM
Author: Ara Retchian
N. REXFORD DR
WOODLAND DR
Property Line Proposed 10' Easement
Proposed 6'' Sewer Existing 10' Easement Existing 6'' Sewer Property Line Existing and Proposed Easements
1004 N Rexford Dr.
Attachment 2
Docusign Envelope ID: D46961F4-F82C-4FA6-899C-66334F3D30F9 RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF BEYERL Y HILLS AUTHORIZING THE ACCEPTANCE OF
AN EASEMENT FOR SEWER, WATER AND GAS PURPOSES AND THE SUMMARY VACATION OF THE CITY'S
EXISTING SEWER, WATER AND GAS EASEMENT OVER
THE PROPERTY LOCATED AT 1004 NORTH REXFORD
DRIVE
The City Council of the City of Beverly Hills ("City") does hereby resolve as follows:
Section 1. The owner ("Owner") of 1004 North Rexford Drive in the City (the "Property") has requested that the City vacate a sewer, water and gas easement, at no cost to the City, in order to accommodate the development of the Property.
Section 2. That certain Easement Deed attached hereto as Exhibit 1, granting to the City a new easement for sewer, water and gas purposes and incidental uses (including but not limited to the construction, use, operation, replacement, maintenance and repair) in, over and under a portion of that property at 1004 North Rexford Drive, and a ten (10) foot access easement from Woodland Drive the utility easement area ( collectively, the ''New Easement") is hereby accepted.
Section 3. The City Manager is hereby authorized and directed to execute a Certificate of Acceptance of/for the New Easement, substantially in the form attached hereto as Exhibit 2, and cause it to be attached to and recorded with the New Easement.
Section 4. The City holds a sewer, water and gas pipe easement dated in 2017 which was recorded on April 11, 2017 and on March 2, 2020 (the "Existing Easements"). The Existing Easements will be deemed superseded by the New Easement upon: (i) the recording of the New Easement Deed and Certificate of Acceptance, as set forth in Exhibits 1 and 2; (ii) the removal by the Owners, at their cost, of any and all sanitary sewer or other utility improvements located in the Existing Easements; and (iii) the execution and recording of a Subordination Agreement by Bank of America, N. A. subordinating its deed of trust (recorded on October 4, 2022 as Document 2022-859881) to the New Easement.
Section 5. The City Clerk shall certify to the adoption of this resolution and shall cause this resolution and his certification to be entered in the Book of Resolutions of the Council of this City.
Section 6. The vacation described herein is being made under Chapter 4 of the California Streets and Highways Code. The entirety of the Existing Easements to the extent located on the Property are intended to be superseded and vacated, and the exact location of the easement to be superseded and vacated are described on Exhibit 3 attached hereto.
Section 7. Additionally, upon the occurrence of the events described in Section 4, the City Clerk shall cause a certified copy of this resolution of vacation, attested by -1-
B0785-0001 \2960315v3.doc
Docusign Envelope ID: D46961F4-F82C-4FA6-899C-66334F3D30F9 the Clerk under seal, to be recorded without acknowledgment in the Official Records of Los Angeles County, as contemplated by California Health and Safety Code Section 8336, and from and after the date this resolution is so recorded, the vacated Existing Easements shall no longer constitute public service easements ( and shall be vacated/terminated).
Adopted: ________ , 2024
ATTEST:
__________ (SEAL)
HUMAAHMED,
City Clerk
APPROVED AS TO FORM:
DtW-il !MW &vLAURENCE S. WIENER
City Attorney
80785-000 I \2960315v3.doc
LESTERJ. FRIEDMAN, Mayor of the City of Beverly Hills, California APPROVED AS TO CONTENT:
NANCY HUNT-COFFEY, City Manager
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Docusign Envelope ID: D46961F4-F82C-4FA6-899C-66334F3D30F9 B0785-000 I \29603 l 5v3 .doc
EXHIBIT 1
NEW EASEMENT DEED
(Attached.)
Exhibit 1 - Page 1
Docusign Envelope ID: D46961F4-F82C-4FA6-899C-66334F3D30F9
RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:
City Clerk
City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, California 90210
SPACE ABOVE THIS LINE FOR RECORDER'S U SE
This Easement Deed is recorded for the benefit of the City of Beverly Hills and is exempt from recording fees pursuant to Sections 6103, 27383 and 27388.1 of the California Government Code.
EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, VIBE REAL ESTATE GROUP, CORP., a California corporation ("Grantor"), hereby GRANTS to the City of Beverly Hills ("Grantee"): (i) an easement for sewer, water and gas purposes and incidental uses (including but not limited to installation, construction, use, operation, replacement, maintenance and repair of pipe lines and other improvements) in, over and under the portion of the property at I 004 North Rexford Drive in the City of Beverly Hills, County of Los Angeles, State of California, described and described/shown as Parcel A on the attached Exhibits "A" and "B", and (ii) an easement for access (over an existing driveway) over the portion of such property described/shown as Parcel Bon the attached Exhibits "A" and "B".
Grantor shall defend, indemnify and hold Grantee harmless from and against any and all claims, liabilities, losses, damages, costs and expenses arising from or relating to the foreclosure of any deeds of trust, mechanics liens, or similar liens, which may affect the easements granted herein.
IN WITNESS WHEREOF, the undersigned has executed this Easement Deed as of the date set forth below, and represents and warrants to the Grantee that he/she is duly authorized to execute this Easement Deed on behalf of the owner.
Dated as of .TulJ' ft , 2024 VIBE REAL ESTATE GROUP, CORP., [ALL SIGNATURES MUST BE DULY ACKNOWLEDGED BY A NOTARY)
-1-
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Docusign Envelope ID: D46961F4-F82C-4FA6-899C-66334F3D30F9
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On J"'/'f I, ;lt>q,i,efore me, Ser~ t_ J.,a.1/"1 P~li//4 Notary Public, personally appeared Aaro11 Fil,,. 'l,,,(Jn , 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, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalfof which the person(s) acted, executed the instrument.
I certi~y under PEN~LTY OF PERJURY under the lt!Pef1Mllilt111aef£:,Lifecwiadbet te foregomg paragraph IS true and correct. .. a !EIENEIIMONMPIUA u , •• COMM. # 2449761 ~ WITNESS my hand and official seal i5 NOTARYPUauc •CAl.lFOIINIA n • lOUNGflESCOUfffi .,..
1 ••••• :c;n-:i:~\202!, '
Place Notary Seal Above
-4-
00785-000 I \2960305v2 doc
Docusign Envelope ID: D46961F4-F82C-4FA6-899C-66334F3D30F9 EXHIBIT "A"
LEGAL DESCRIPTION OF EASEMENT AREA
-2-
B0785-000 I \2960305v2.doc
Docusign Envelope ID: D46961F4-F82C-4FA6-899C-66334F3D30F9 EXHIBIT"A"
EASEMENTS - LEGAL DESCRIPTION
A ten foot wide easement for sewer maintenance and a ten foot wide access easement over a portion of that property described in the Deed to Vibe Real Estate Group Corp., a California Corporation, in the City of Beverly Hills, County of Los Angeles, State of California, recorded January 31, 2020 as Document No. 2020-126866 of Official Records in the Office of the County Recorder of said county, the centerlines of said easements described as follows:
Parcel "A" - Sewer Maintenance Easement
Commencing at the southeast corner of said Deed;
Thence, southwesterly along the southerly line of said Deed S 63°24'09" W 41.53 feet to the Point of Beginning;
Thence, N 20°14'30" W 140.40 feet, more or less, to a point on the northerly line of said Deed, said point being 63.54 feet southwesterly along said northerly line from the most northerly corner of said Deed.
The northerly end of the sidelines of last described easement to be extended or shortened to terminate in the northerly line of said Deed and the southerly end of the sidelines of last described easement to be extended or shortened to terminate in the southerly line of said Deed.
Parcel "B" - Access Easement
Commencing at the most northerly corner of said Deed;
Thence, southerly along the easterly line of said Deed S 11 °15'05" E 20.51 feet to the Point of Beginning; Thence, S 77°19'22" W 15.33 feet to the beginning of a tangent curve concave southerly having a radius of 69.00 feet;
Thence, westerly along said curve through a central angle of 19°32'03" a distance of 23.52 feet; Thence, S 57°47'19" W 15.69 feet to the easterly line of the 10 foot wide easement described as Parcel "A" hereon.
The easterly end of the sidelines of last described easement to be extended or shortened to terminate in the easterly line of said Deed and the westerly end of the sidelines of the last described easement to be extended or shortened to terminate in the easterly line of the easement described as Parcel "A" hereon.
Said easements further defined on Exhibit "B", attached hereto, and made a part hereof.
No. 24216
Docusign Envelope ID: D46961F4-F82C-4FA6-899C-66334F3D30F9 80785-000 I \2960305v2.doc
EXHIBIT "B"
DIAGRAM OF EASEMENT AREA
-3-
Docusign Envelope ID: D46961F4-F82C-4FA6-899C-66334F3D30F9 N
t
(D s 77°19'22" w 15.33'
@ D=19°32'03"
R=69.00'
L=23.52'
@ S 57°47'19" W 15.69'
POC=POINT OF COMMENCEMENT
POB=POINT OF BEGINNING
Advanced Engineering
·-& Consulting
22837 Ventura Blvd, Suite 100, Woodland Hills, CA 91364 (818) 222-7982
S:\h:Jf co\rexf ord\seNer Jegol.dgn
EXHIBIT 11 811
EASEMENTS
PROPOSED10'EASEMENT
FOR ACCESS OVE
PROPOSED DR
3 \;
\ @
PROPO ENT FOR
SEWER E
\
SEWER MAINTENANCE
& ACCESS EASEMENTS
APN 4350-010-011
1004 REXFORD DRIVE
BEVERLY HILLS, CA
Docusign Envelope ID: D46961F4-F82C-4FA6-899C-66334F3D30F9 EXHIBIT2
CERTIFICATE OF ACCEPTANCE FOR NEW EASEMENT DEED
(Attached.)
Exhibit 2 - Page 1
B0785-000 I \2960315v3.doc
Docusign Envelope ID: D46961F4-F82C-4FA6-899C-66334F3D30F9
CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed to the City of Beverly Hills by that certain Easement Deed dated ____ , 2024, executed by VIBE REAL ESTATE GROUP, CORP., a California corporation, is hereby accepted by the undersigned office on behalf of the City of Beverly Hills pursuant to the authority conferred at the City Council meeting held on _______ , 2024, and the grantee consents to recordation thereof by its duly authorized officer.
Dated: , 2024 -------·
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.
State of California
County of Los Angeles
Nancy Hunt-Coffey,
City Manager of the City of Beverly Hills
) )
On--------~ 2024, before me, ______________ _,
(insert name and title of the officer)
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 ______________ _ (Seal)
Exhibit 2 - Page 2
B0785-000 I \29603 I 5v3.doc
Docusign Envelope ID: D46961F4-F82C-4FA6-899C-66334F3D30F9 EXHIBIT3
LOCATION OF EXISTING EASEMENTS TO BE OUITCLAIMEDN ACATED (Attached.)
Exhibit 3 - Page 1
B0785-000 I \29603 l 5v3.doc
Docusign Envelope ID: D46961F4-F82C-4FA6-899C-66334F3D30F9 EXHIBIT "A"
LEGAL DESCRIPTION OF EASEMENT AREA
THIS LEGAL DESCRIPTION DESCRIBES A PARCEL OF LAND, BEING A PORTION OF LOT A OF "RANCHO RODEO DE LAS AGUAS", IN THE CITY OF BEVERLY HILLS, LOS ANGELES COUNTY, STATE OF CALIFORNIA, RECORDED IN BOOK 107, PAGES 210 TO 212 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING (POC) AT THE SOUTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED BY INSTRUMENT NO. 81-298508 AS DEPICTED IN THE RECORD OF SURVEY IN BOOK 153, PAGE 10 OF RECORDS OF SURVEY, IN SAID OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL OF LAND, SOUTH 57°36'27" WEST 23.45 FEET TO THE SOUTHWESTERLY LINE OF THE L.A.D.W.&P. EASEMENT RECORDED IN BOOK 5688 PAGE 298 OF DEED TO THE POINT OF BEGINNING (POB); THENCE ALONG SAID SOUTHWESTERLY LINE OF SAID L.A.D.W.&P. EASEMENT SOUTH 20°10"25" EAST 153.09 FEET (COURSE "A"); THENCE ALONG THE SOUTHERLY LINE OF LAND DESCRIBED IN DEEDS RECORDED IN BOOK 2365, PAGE 338, OF OFFICIAL RECORDS, AND IN BOOK 4507, PAGE 17 OF OFFICIAL RECORDS, SOUTH 63°24'09" WEST 41.36 FEET; THENCE NORTH 18°50'37" WEST IO.IO FEET TO A POINT ON THE LINE PARALLEL WITH AND 10.00 FEET NORTHERLY OF THE SOUTHERLY LINE OF SAID DEEDS; THENCE ALONG SAID PARALLEL LINE NORTH 63°24'09" EAST 31.06 FEET TO A POINT ON A LINE PARALLEL WITH AND 10.00 FEET WESTERLY OF SAID COURSE "A"; THENCE ALONG THIS PARALLEL TO SAID COURSE "A", NORTH 20°10'25" WEST 131.75 FEET TO A POINT ON A LINE PARALLEL WITH AND 10.00 FEET SOUTHEAST OF SAID SOUTHERLY LINE OF INSTRUMENT NO. 81-298508; THENCE ALONG THAT PARALLEL LINE SOUTH 57°36'27" WEST 28.52 FEET; THENCE NORTH 18°50'37" WEST 10.39 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID INSTRUMENT NO. 81-298508; THENCE ALONG THAT SOUTHERLY LINE NORTH 57°36'27" EAST TO THE POINT OF BEGINNING.
THE FOREGOING PARCEL OF LAND IS SHOWN ON THE DIAGRAM ATTACHED HERETO AND MADE A PART Of THIS LEGAL DESCRIPTION.
Docusign Envelope ID: D46961F4-F82C-4FA6-899C-66334F3D30F9 No. 24216
JOHN WILLIAM MILO R.C.E. 24216 DATE
EXHIBIT "B" EXISTING 15' WIDE
D W & P. EASEMENT
D X• • BK 5688 PG 298
• • POB
SHEET 2 OF 2
N63°24 '09" E 197.33'
CURVE DATA
NO. L\ R L
Ct A=S0 55'07" 1164.24' 120.26
C2 A=2°04'59" 267.40' 9. 72'
C3 A=S0 02'57" 1020.00' 89.89'
LINE TABLE
LINE BEARING LENGTH
L1 S5 7'36 '27"W 23.45'
L2 s20·10·25·r: 153.09'
L3 S63'24'09'W 41.36' GRAPHIC SCALE
L6 N18'5037'W 1010'
L5 N63'24'09'E 31.06'
L6 N20'10'25'W 131.75'
W O W W
L~---::1--1111 ::....!~I
L7 S57'36'27'W 28.52' ( IN FEET }
LB N18'50'37'W 10.39' 1 inch = 40 ft.
L9 N57'3627'E 38.50'
PROJECT ADDRESS: TYPE OF ACTION: ADVANCED ENGINEERING
1004 N. REXFORD DRIVE, EX. 10' WIDE EASEMENT & CONSUL TING BEVERLY HILLS, CA 90210 TO BE VACA TED
1" = 40'
28720 ROADSIDE DRIVE, Sule 300, AGOURA Hills, CA 91301
(818) 222-7982
Certificate Of Completion
Envelope Id: D46961F4F82C4FA6899C66334F3D30F9 Status: Sent Subject: Complete with Docusign: Resolution - 1004 N. Rexford Dr. Easement Source Envelope:
Document Pages: 14 Signatures: 1 Envelope Originator:
Certificate Pages: 2 Initials: 0 Erin Justus
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.169
Record Tracking
Status: Original
9/3/2024 9:53:42 AM
Holder: Erin Justus
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
David Snow for
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 38.122.232.202
Sent: 9/3/2024 9:56:32 AM
Viewed: 9/3/2024 10:37:32 AM
Signed: 9/3/2024 3:07:38 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Anthony Rodstein
[email protected]
Purchasing Services Manager
City of Beverly Hills (Finance Department)
Security Level: Email, Account Authentication
(None)
Sent: 9/3/2024 3:07:39 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Nancy Hunt-Coffey
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lester J. Friedman
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Huma Ahmed
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
DocuSign·
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Jessika Vasquez
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Keith Sterling
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jackie Galeas
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 9/3/2024 9:56:32 AM
Payment Events Status Timestamps