AGENDA REPORT
Meeting Date: September 30, 2025
Item Number:
To: Honorable Mayor & City Council
From: Daren Grilley, Assistant Director of Public Works/City Engineer Samer Elayyan, Engineering Services Manager
Edgar Arroyo, Senior Planner
Subject: RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY
HILLS REJECTING IRREVOCABLE OFFERS OF DEDICATION OF
EASEMENTS ALONG LOMA LINDA DRIVE ADJACENT TO 1184
LOMA LINDA DRIVE AND 1193 LOMA LINDA DRIVE, FINDING
PROPOSED ACCESS EASEMENTS CONSISTENT WITH THE
CITY’S GENERAL PLAN, AND APPROVING TWO
REPLACEMENT AGREEMENTS CONTAINING IRREVOCABLE
OFFERS OF DEDICATION OF EASEMENTS ALONG LOMA LINDA
DRIVE ADJACENT TO 1184 LOMA LINDA DRIVE AND 1193 LOMA
LINDA DRIVE, BEVERLY HILLS FOR PUBLIC STREET
PURPOSES AND CONDITIONALLY AUTHORIZING THE CITY
ENGINEER TO ACCEPT DEDICATION OF THE EASEMENTS
Attachments: 1. City Council Resolution-Offers of Dedication of Easements
2. November 7, 2017, City Council Agenda Report
3. Lender Subordination Agreement
RECOMMENDATION
It is recommended that the City Council adopt the proposed resolution rejecting the original offers of dedication of easements approved by City Council Resolution No. 17-R13165 on November 7, 2017; find the proposed modified access easements consistent with the City’s General Plan; approve the replacement agreements containing irrevocable offers of dedication of modified easements for public street purposes in substantially the form provided; conditionally authorize the City Engineer to accept dedication of the modified easements upon completion of required improvements and removal of encroachments; and find these actions categorically exempt pursuant to the California Environmental Quality Act.
Meeting Date: September 30, 2025
INTRODUCTION
City Council previously approved agreements containing irrevocable offers of dedication of easements for 1184 and 1193 Loma Linda Drive on November 7, 2017, by Resolution No. 17-R-13165. These agreements were established to facilitate street improvements including an emergency vehicle turnaround at the terminus of Loma Linda Drive as part of building permits for two new single-family residences.
The property owner, Loma Linda Holdings LTD, as Trustee of the Loma Linda Trust, now proposes modifications to the easement areas previously agreed upon. The modified easement areas are acceptable to the City and will continue to serve the public street purposes for which the original easements were intended.
DISCUSSION
On November 7, 2017, City Council adopted Resolution No. 17-R-13165 (within Attachment 2), approving irrevocable offers of dedication of easements along Loma Linda Drive associated with the development of new single-family residences at 1184 Loma Linda Drive and 1193 Loma Linda Drive (Fig. 1). Subsequent to this approval, building plans where approved and permits issued for the construction of a new single-family residence at 1184 Loma Linda Drive in March 2018 for a code-compliance project in the Hillside Area of the City. Separately, project plans for a new residence at 1193 Loma Linda Drive were under review by the City until the plan check for the project expired on May 6, 2018. However, in April 2025, the applicant submitted a Hillside R-1 Permit request for development of a new single-family residence at 1193 Loma Linda Drive, which will require review by the Planning Commission at a noticed public hearing at a future date.
As a result of recent design changes to the two residences, the applicant is requesting to slightly modify the previously approved fire truck turnaround easement areas at the terminus of Loma Linda Drive. The configuration of the revised fire truck turnaround area (Fig. 2) has been reviewed by multiple City departments (Fire, Public Works, and Community Development) and has been found consistent with the previously approved design. Overall, the applicant-proposed modifications to the easement areas for 1184 and 1193 Loma Linda Drive continue to provide an improved design for the maneuvering of emergency response vehicles and fire trucks at the terminus of Loma Linda Drive in comparison to the existing street condition.
Meeting Date: September 30, 2025
Fig. 1: Originally Approved Fire Truck Turnaround Easement Areas Source: McClean Design – 1184 Loma Linda Approved Plans – BS1608992 Meeting Date: September 30, 2025
Fig. 2: Proposed Fire Truck Turnaround Easement Areas
Source: McClean Design – 1193 Loma Linda Hillside R-1 Permit Submittal Plans – PL2500115 Staff recommends that City Council adopt the attached resolution and authorize the City Engineer to accept the easement at such time as any and all encroachments have been removed and all necessary improvements for the widened terminus of Loma Linda Drive have been made. The Lender Subordination Agreement (Attachment 3) will be finalized and recorded in conjunction with the Irrevocable Offers of Dedication.
ENVIRONMENTAL ANALYSIS
The proposed offers of dedication and easement have been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The projects appear to qualify for a categorical exemption pursuant to Section 15303 (Class 3(a) and 3(d)) of the Guidelines. Specifically, the proposed actions involve the construction of street improvements associated with the development of two new single-family residences, each on a separate site that was previously developed in an urban area. Therefore, staff recommends that City Council find the projects exempt from further review under the provisions of CEQA.
Meeting Date: September 30, 2025
FISCAL IMPACT
No funds will be expended by the approval of the modified easements. The street improvements and turnaround easement will not result in a change in maintenance costs to the City. As the improvements are applicant requested, the applicant would bear the cost for the construction of the street improvements. The applicant has paid for the preparation and processing of all necessary documents.
Shana Epstein,
Director of Public Works
Michael Forbes,
Director of Community Development
Approved By Approved By
Attachment 1
B0785-0009\3152418v1.doc
RESOLUTION NO. 25-R-_______
RESOLUTION OF THE COUNCIL OF THE CITY OF
BEVERLY HILLS REJECTING IRREVOCABLE OFFERS OF
DEDICATION OF EASEMENTS ALONG LOMA LINDA
DRIVE ADJACENT TO 1184 LOMA LINDA DRIVE AND 1193
LOMA LINDA DRIVE, FINDING PROPOSED ACCESS
EASEMENTS CONSISTENT WITH THE CITY’S GENERAL
PLAN, AND APPROVING TWO REPLACEMENT
AGREEMENTS CONTAINING IRREVOCABLE OFFERS OF
DEDICATION OF EASEMENTS ALONG LOMA LINDA
DRIVE ADJACENT TO 1184 LOMA LINDA DRIVE AND 1193
LOMA LINDA DRIVE, BEVERLY HILLS FOR PUBLIC
STREET PURPOSES AND CONDITIONALLY AUTHORIZING
THE CITY ENGINEER TO ACCEPT DEDICATION OF THE
EASEMENTS
The City Council of the City of Beverly Hills hereby determines, resolves and orders as follows:
Section 1. Loma Linda Holdings LTD, as Trustee of the Loma Linda Trust (“Owner") is the fee owner of certain real property (the "Property") located within the City of Beverly Hills (the "City"), known as 1184 Loma Linda Drive, Beverly Hills, CA 90210 (APN 4350-020-010) and 1193 Loma Linda Drive, Beverly Hills, CA 90210 (APN 4350-021-012).
Section 2. Owner entered into certain Agreements Containing Irrevocable Offers of Dedication and Covenants Concerning Real Property with respect to 1184 and 1193 Loma Linda Drive (the “Agreements”) attached hereto as Exhibits 1 and 2 respectively, which Agreements were approved by City Council Resolution No. 17-R-13165, adopted on November 7, 2017. The Owner, through the Agreements, irrevocably offered to dedicate easements (the "Easements") over portions of the Properties to the City for public street purposes, as described in the Agreements. Owner also agreed to remove any encroachments in the Easement areas and to Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 -2-
B0785-0009\3152418v1.doc
construct street improvements to the satisfaction of the City Engineer to effectuate the purposes of the Easements. Such dedications were found to be in conformance with the Beverly Hills Municipal Code and the City’s General Plan. The Agreements contemplated City maintenance of the portion of the Easement areas delineated by red curbing required by the Fire Department, as well as any City signage as may be required.
Section 3. The Agreements were not recorded against either 1184 Loma Linda Drive or 1193 Loma Linda Drive, the Offers of Dedication have not been accepted by the City, and the Owner now proposes modification to the Easement areas as set forth in the Agreements. The City finds the modified easement areas acceptable.
Section 4. Owner has agreed to enter into certain Agreements Containing Irrevocable Offers of Dedication and Covenants Concerning Real Property with respect to 1184 and 1193 Loma Linda Drive (the “Replacement Agreements”) attached hereto as Exhibits 3 and 4 respectively, by which Agreements Owner irrevocably offers to dedicate easements (the "Modified Easements") over portions of the Properties to the City for public street purposes, as described in the Replacement Agreements. Owner also agrees to remove any encroachments in the Modified Easement areas and to construct street improvements to the satisfaction of the City Engineer to effectuate the purposes of the Modified Easements. The Modified Easements are hereby found to be in conformance with the Beverly Hills Municipal Code and the City’s General Plan. The Replacement Agreements contemplate City maintenance of the portion of the Modified Easement areas delineated by red curbing required by the Fire Department, as well as any City signage as may be required.
Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 -3-
B0785-0009\3152418v1.doc
Section 5. California Government Code Section 65402 requires that if a general plan has been adopted, no real property shall be acquired by dedication until the location, purpose and extent of such acquisition has been submitted to and reported upon by the planning agency as to conformity with said adopted general plan. Pursuant to Government Code Section 65100, Paragraph I of Beverly Hills Municipal Code Section 10-1-102, assigns the planning agency function for review of general plan conformity for property acquisitions and dispositions pursuant to Government Code Section 65402 to the City Council.
The City Council, in its capacity as the Planning Agency, reviewed the offer of dedication of an easement for vehicle access on the properties located at 1184 Loma Linda Drive and 1193 Loma Linda Drive for consistency with the City's General Plan. The proposed dedications are offered in conjunction with required street improvements that will result in a substantially improved turnaround area at the terminus of Loma Linda Drive, as well as a wider roadway leading into the turnaround with sufficient width for two emergency vehicles to safely pass each other. This will result in substantial life safety improvements as compared to the current roadway conditions by making it easier for large fire trucks to safely turn around at the terminus of the street without having to reverse back down the Loma Linda Drive to Coldwater Canyon Drive, and to allow multiple vehicles, such as a fire truck and ambulance, to pass each other in emergency situations. In order to increase compliance with the requirement that the turnaround area remain unobstructed, red curb will be required for a substantial portion of the roadway leading into the cul-de-sac, as well as around the entire cul-de-sac itself along with appropriate 'No Parking Anytime' signage. These parking restrictions will not affect any of the currently available street parking along the east side of Loma Linda Drive fronting the adjacent Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 -4-
B0785-0009\3152418v1.doc
property. These outcomes are consistent with and advance numerous General Plan Policies relating to Circulation and Safety.
The proposed easement dedication advances the goals and objectives of the General Plan and presents no impediments to achieving the goals and objectives of the General Plan.
Dedication of the vehicle access easement will facilitate substantial improvements in the City's ability to provide emergency response services and will bring the existing, nonconforming hammerhead turnaround at the terminus of Loma Linda Drive further into compliance with current standards. Specifically, the proposed vacation is consistent with the following goals and policies of the City’s General Plan Circulation and Safety Elements:
CIR 3 .1 Neighborhood Traffic Control Measures. Incorporate traffic control measures in residential neighborhoods as part of proposed roadway improvement or development projects to mitigate traffic impacts to residents and reduce the negative impacts of motor vehicle traffic on quality of life. Require development projects to mitigate traffic impacts to residents and reduce the negative impacts of motor vehicle traffic on residential roadways.
CIR 3.2 Design of Traffic Calming Devices. Ensure that selected traffic management devices are appropriately designed with consideration to accessibility, drainage, underground utilities, adequate visibility, landscaping and the needs of emergency, sanitation, and transit vehicles, and that these devices to not result in unintended consequences such as increased travel times, emergency response times, sound, or traffic diversions.
S 2.1 Fire Protection Service. Continue to research and implement methods for modernizing and improving the efficiency and effectiveness of the Fire Department in responding to fires, suppressing fires, and mitigating fire hazards. cusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 -5-
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S 2.2 Fire Protection Capability. Maintain and expand the amount of firefighting equipment and personnel necessary for adequate initial response to fire emergencies in all buildings and areas in the City, including high-rise buildings and natural areas. Support and maintain mutual aid agreements to supplement those forces.
S 3 .1 Safety Standards. Continue to regularly update and enforce the City's building and fire codes to reflect the highest and best available standards for fire safety design as well as recommendations set forth by the "Fire Wise" assessment and Joint Wildland Interface Task Force.
S 3.2 Impacts of New Development. Assess the impacts of significant increases in development density and intensity, and subsequent impacts on traffic congestion, water infrastructure capacity, fire hazards, and emergency response times.
S 3.3 Fire Protection Services. Require that new development and re-development of structures provide adequate fire safety features and responder access so as not to cause a reduction of fire protection services below acceptable, safe levels.
S 3 .4 Fire Department Access. Design private and public access drives and roadways to preserve and maintain Fire Department access to properties.
Based on the foregoing review, the City Council hereby finds that the dedication of easement for vehicle access on portions of the properties located at 1184 Loma Linda Drive and 1193 Loma Linda Drive are consistent with the City's General Plan.
Section 6. The City Council finds that rejection of the Offers of Dedication in the Agreements, approval of the Replacement Agreements and conditional authorization of acceptance of the Modified Easements is exempt from the California Environmental Quality Act, Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 -6-
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Pub. Res. Code Section 21000 et seq., pursuant to State CEQA Guidelines Section 15303 (Class 3(a) and 3(d)) of the Guidelines. Specifically, the proposed actions involve the construction of two new single-family residence sites that were previously developed in an urban area, and the proposed easements relate to utility and street improvements that are identified in the Guidelines, and the same conclusion is reached when the underlying single family residences are taken into account.
Section 7. The City Council hereby rejects the offers to dedicate to the City the Easements as described in the Agreements attached hereto as Exhibits 1 and 2, contingent upon approval and dedication of the Modified Easements.
Section 8. The City Council hereby approves the Replacement Agreements substantially as attached hereto as Exhibits 3 and 4, and authorizes and directs the City Engineer to execute the Replacement Agreements. The City Council further authorizes the City Engineer to accept the dedication of the Modified Easements and to record Acceptances of Dedication of Easements in the form substantially as attached to the Replacement Agreements at such time as Owner or its successors have removed all encroachments from the Modified Easement areas and completed construction of the necessary improvements within the Modified Easement areas.
Section 9. The City Clerk is hereby authorized and directed to take appropriate action to record the Replacement Agreements with the County Recorder of the County of Los Angeles.
Section 10. The City Clerk is directed to furnish a copy of this Resolution to the Owner at the address of record.
Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 -7-
B0785-0009\3152418v1.doc
cause this Resolution and his certification to be entered in the Book of Resolutions of the Council of this City.
Section 11. The City Clerk shall certify to the adoption of this Resolution and shall Adopted:
CITY OF BEVERLY HILLS
A Municipal Corporation
________________________________
SHARONA R. NAZARIAN, PSYD
Mayor of the City of Beverly Hills,
California
ATTEST:
(SEAL)
HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
DAREN GRILLEY
Assistant Director of Public Works/City
Engineer
Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 -8-
B0785-0009\3152418v1.doc
Exhibit 1
Agreement Containing Irrevocable Offer of Dedication
and Covenants Concerning Real Property
1184 LOMA LINDA DRIVE
cusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 Recording Requested By and
When Recorded Return To:
City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attn: City Clerk
Free Recording per Gov’t Code Sec. 6103
AGREEMENT CONTAINING
IRREVOCABLE OFFER Of DEDICATION
AND COVENANTS CONCERNING REAL PROPERTY
THIS AGREEMENT CONTAINING IRREVOCABLE OFFER Of DEDICATION AND COVENANTS CONCERNING REAL PROPERTY (this “Agreement”) is made as of_ day of 2017, by LOMA LINDA HOLDINGS LTD., as Trustee of the Loma Linda Trust (“Owner”), in favor of the CITY Of BEVERLY HILLS, a municipal corporation (the “City”).
1. IRREVOCABLE OFFER OF DEDICATION. Owner hereby makes an irrevocable offer (the “Offer”) to dedicate to City an easement (the “Easement”) for public street and/or alley purposes over that certain real property (the “Property”) known as 1184 Loma Linda Drive, City of Beverly Hills, County of Los Angeles, described on Exhibit A, attached hereto and incorporated herein by reference.
a. Term of Offer. The term (the “Term”) ofthe Offer shall commence on the date of recordation hereof, which date shall be the date the Offer is deemed filed for the purposes of Beverly Hills Municipal Code Section 10-6-4, and shall expire on the date (the “Expiration Date”) that the Offer is accepted or rejected by the City Council. The Offer is irrevocable by Owner until the Expiration Date.
b. Mode of Acceptance of Offer. The Offer may be accepted by City any time prior to the Expiration Date by adoption of a Resolution of the City Council of the City accepting the dedication of the Easement (the “Resolution of Acceptance”). The Resolution of Acceptance will authorize the appropriate City official to execute an instrument (the “Acceptance”) accepting the Offer in substantially the form attached hereto as Exhibit B, which is incorporated herein by reference.
2. COVENANTS. Owner covenants, for themselves, their successor and assigns, as follows:
a. Removal of Encroachments. To remove, at Owner’s sole cost and expense, all improvements and fixtures upon the Property which the City Engineer reasonably determines will constitute encroachments onto the Easement upon City’s acceptance of the Easement (the “Encroachments”). The removal shall be performed in accordance with the following:
—1—
Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 Recording Requested By and
When Recorded Return To:
City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attn: City Clerk
Free Recording per Gov't Code Sec. 6103
AGREEMENT CONTAINING
IRREVOCABLE OFFER OF DEDICATION
AND COVENANTS CONCERNING REAL PROPERTY
THIS AGREEMENT CONTAINING IRREVOCABLE OFFER OF DEDICATION AND COVENANTS CONCERNING REAL PROPERTY (this "Agreement") is made as of_ day of 2017, by LOMA LINDA HOLDINGS LTD., as Trustee of the Loma Linda Trust ("Owner"), in favor of the CITY OF BEVERLY HILLS, a municipal corporation (the "City").
1. IRREVOCABLE OFFER OF DEDICATION. Owner hereby makes an irrevocable offer (the "Offer") to dedicate to City an easement (the "Easement") for public street and/or alley purposes over that certain real property (the "Property") known as 1184 Loma Linda Drive, City of Beverly Hills, County of Los Angeles, described on Exhibit A, attached hereto and incorporated herein by reference.
a. Term of Offer. The term (the "Term") of the Offer shall commence on the date of recordation hereof, which date shall be the date the Offer is deemed filed for the purposes of Beverly Hills Municipal Code Section 10-6-4, and shall expire on the date (the "Expiration Date") that the Offer is accepted or rejected by the City Council. The Offer is irrevocable by Owner until the Expiration Date.
b. Mode of Acceptance of Offer. The Offer may be accepted by City any time prior to the Expiration Date by adoption of a Resolution of the City Council of the City accepting the dedication of the Easement (the "Resolution of Acceptance"). The Resolution of Acceptance will authorize the appropriate City official to execute an instrument (the "Acceptance") accepting the Offer in substantially the form attached hereto as Exhibit B, which is incorporated herein by reference.
2. COVENANTS. Owner covenants, for themselves, their successor and assigns, as follows:
a. Removal of Encroachments. To remove, at Owner's sole cost and expense, all improvements and fixtures upon the Property which the City Engineer reasonably determines will constitute encroachments onto the Easement upon City's acceptance of the Easement (the "Encroachments"). The removal shall be performed in accordance with the following:
-1-
Recording Requested By and
When Recorded Return To:
City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attn: City Clerk
Free Recording per Gov't Code Sec. 6103
AGREEMENT CONTAINING
IRREVOCABLE OFFER OF DEDICATION
AND COVENANTS CONCERNING REAL PROPERTY
THIS AGREEMENT CONTAINING IRREVOCABLE OFFER OF DEDICATION AND COVENANTS CONCERNING REAL PROPERTY (this "Agreement") is made as of_ day of 2017, by LOMA LINDA HOLDINGS LTD., as Trustee of the Loma Linda Trust ("Owner"), in favor of the CITY OF BEVERLY HILLS, a municipal corporation (the "City").
1. IRREVOCABLE OFFER OF DEDICATION. Owner hereby makes an irrevocable offer (the "Offer") to dedicate to City an easement (the "Easement") for public street and/or alley purposes over that certain real property (the "Property") known as 1184 Loma Linda Drive, City of Beverly Hills, County of Los Angeles, described on Exhibit A, attached hereto and incorporated herein by reference.
a. Term of Offer. The term (the "Term") of the Offer shall commence on the date of recordation hereof, which date shall be the date the Offer is deemed filed for the purposes of Beverly Hills Municipal Code Section 10-6-4, and shall expire on the date (the "Expiration Date") that the Offer is accepted or rejected by the City Council. The Offer is irrevocable by Owner until the Expiration Date.
b. Mode of Acceptance of Offer. The Offer may be accepted by City any time prior to the Expiration Date by adoption of a Resolution of the City Council of the City accepting the dedication of the Easement (the "Resolution of Acceptance"). The Resolution of Acceptance will authorize the appropriate City official to execute an instrument (the "Acceptance") accepting the Offer in substantially the form attached hereto as Exhibit B, which is incorporated herein by reference.
2. COVENANTS. Owner covenants, for themselves, their successor and assigns, as follows:
a. Removal of Encroachments. To remove, at Owner's sole cost and expense, all improvements and fixtures upon the Property which the City Engineer reasonably determines will constitute encroachments onto the Easement upon City's acceptance of the Easement (the "Encroachments"). The removal shall be performed in accordance with the following:
-1-
(1) City shall give a written notice to Owiier, which notice shall: (i) describe the Encroachments that must be removed; (ii) direct Owner to remove them; and (iii) specify the date by which the removal must be completed, which date shall be no less than sixty (60) days after the date the notice is given.
(2) The Owner shall remove the Encroachments by the date specified in the notice.
(3) In the event Owner shall fail to remove the Encroachments by that date, or if Owner delays in the removal of the Encroachments such that the removal cannot practicably be completed by that date, City may immediately enter the Property and remove or cause the removal ofthe Encroachments at Owner’s cost. Owner shall, immediately upon demand, reimburse City for City’s actual costs incurred in removing the Encroachments. b. Construction of Improvements. To install and complete to the satisfaction ofthe City Engineer any improvements that the City Engineer determines are required to effectuate the purpose of the Easement.
3. Covenants Run With the Land. The covenants made in this Agreement and the Offer shall run with the land and shall burden the Property for the benefit of City. The covenants and the Offer shall inure to the benefit of or bind, as the case may require, the respective heirs, representatives, successors and assigns of City and Owner. Owner authorizes City to record this Agreement in Official Records ofthe Recorder’s Office ofthe County of Los Angeles.
4. Limitation on City Liability and Indemnification.
a. Owner and City agree that City shall have no liability with respect to the Property or the Easement, whether resulting from the maintenance or failure to maintain same or otherwise, and shall not assume any responsibility for the Property or the Easement or any improvements or fixtures thereon or therein, unless and until both of the following occur:
(1) City adopts the Resolution of Acceptance; and
(2) The removal of all Encroachments and the construction of all Improvements have been completed to the satisfaction ofthe City Engineer. b. Owner agrees to continue to maintain the Property and assume all liability for the condition ofthe Property until both ofthe conditions set forth in Section 4(a) have occurred.
Owner agrees to indemnify, hold harmless, protect and defend City, its Council, and each member thereof, directors, officers, agents, employees and attorneys, from all claims, causes of action, suits, damages or other liabilities occurring in, on or about the Easement and/or the Property until both of the conditions set forth in Section 4(a) have occurred. c. Upon the acceptance ofthe Easement and the occurrence of both conditions set forth in Section 4(a), City agrees to assume maintenance of the surface improvements within that portion of the easement area delineated by the required red curbs, as shown on Exhibit A-i attached hereto and incorporated herein by reference, along with any signage as may be required by the City. All other areas of the Easement shall be maintained by Owner. -2-
Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 (1) City shall give a written notice to Owner, which notice shall: (i) describe the Encroachments that must be removed; (ii) direct Owner to remove them; and (iii) specify the date by which the removal must be completed, which date shall be no less than sixty ( 60) days after the date the notice is given.
(2) The Owner shall remove the Encroachments by the date specified in the notice.
(3) In the event Owner shall fail to remove the Encroachments by that date, or if Owner delays in the removal of the Encroachments such that the removal cannot practicably be completed by that date, City may immediately enter the Property and remove or cause the removal of the Encroachments at Owner's cost. Owner shall, immediately upon demand, reimburse City for City's actual costs incurred in removing the Encroachments. b. Construction of Improvements. To install and complete to the satisfaction of the City Engineer any improvements that the City Engineer determines are required to effectuate the purpose of the Easement.
3. Covenants Run With the Land. The covenants made in this Agreement and the Offer shall run with the land and shall burden the Property for the benefit of City. The covenants and the Offer shall inure to the benefit of, or bind, as the case may require, the respective heirs, representatives, successors and assigns of City and Owner. Owner authorizes City to record this Agreement in Official Records of the Recorder's Office of the County of Los Angeles.
4. Limitation on City Liability and Indemnification.
a. Owner and City agree that City shall have no liability with respect to the Property or the Easement, whether resulting from the maintenance or failure to maintain same or otherwise, and shall not assume any responsibility for the Property or the Easement or any improvements or fixtures thereon or therein, unless and until both of the following occur:
(1) City adopts the Resolution of Acceptance; and
(2) The removal of all Encroachments and the construction of all Improvements have been completed to the satisfaction of the City Engineer. b. Owner agrees to continue to maintain the Property and assume all liability for the condition of the Property until both of the conditions set forth in Section 4(a) have occurred.
Owner agrees to indemnify, hold harmless, protect and defend City, its Council, and each member thereof, directors, officers, agents, employees and attorneys, from all claims, causes of action, suits, damages or other liabilities occurring in, on or about the Easement and/or the Property until both of the conditions set forth in Section 4(a) have occurred. c. Upon the acceptance of the Easement and the occurrence of both conditions set forth in Section 4(a), City agrees to assume maintenance of the surface improvements within that portion of the easement area delineated by the required red curbs, as shown on Exhibit A-1 attached hereto and incorporated herein by reference, along with any signage as may be required by the City. All other areas of the Easement shall be maintained by Owner. -2-
(1) City shall give a written notice to Owner, which notice shall: (i) describe the Encroachments that must be removed; (ii) direct Owner to remove them; and (iii) specify the date by which the removal must be completed, which date shall be no less than sixty ( 60) days after the date the notice is given.
(2) The Owner shall remove the Encroachments by the date specified in the notice.
(3) In the event Owner shall fail to remove the Encroachments by that date, or if Owner delays in the removal of the Encroachments such that the removal cannot practicably be completed by that date, City may immediately enter the Property and remove or cause the removal of the Encroachments at Owner's cost. Owner shall, immediately upon demand, reimburse City for City's actual costs incurred in removing the Encroachments. b. Construction of Improvements. To install and complete to the satisfaction of the City Engineer any improvements that the City Engineer determines are required to effectuate the purpose of the Easement.
3. Covenants Run With the Land. The covenants made in this Agreement and the Offer shall run with the land and shall burden the Property for the benefit of City. The covenants and the Offer shall inure to the benefit of, or bind, as the case may require, the respective heirs, representatives, successors and assigns of City and Owner. Owner authorizes City to record this Agreement in Official Records of the Recorder's Office of the County of Los Angeles.
4. Limitation on City Liability and Indemnification.
a. Owner and City agree that City shall have no liability with respect to the Property or the Easement, whether resulting from the maintenance or failure to maintain same or otherwise, and shall not assume any responsibility for the Property or the Easement or any improvements or fixtures thereon or therein, unless and until both of the following occur:
(1) City adopts the Resolution of Acceptance; and
(2) The removal of all Encroachments and the construction of all Improvements have been completed to the satisfaction of the City Engineer. b. Owner agrees to continue to maintain the Property and assume all liability for the condition of the Property until both of the conditions set forth in Section 4(a) have occurred.
Owner agrees to indemnify, hold harmless, protect and defend City, its Council, and each member thereof, directors, officers, agents, employees and attorneys, from all claims, causes of action, suits, damages or other liabilities occurring in, on or about the Easement and/or the Property until both of the conditions set forth in Section 4(a) have occurred. c. Upon the acceptance of the Easement and the occurrence of both conditions set forth in Section 4(a), City agrees to assume maintenance of the surface improvements within that portion of the easement area delineated by the required red curbs, as shown on Exhibit A-1 attached hereto and incorporated herein by reference, along with any signage as may be required by the City. All other areas of the Easement shall be maintained by Owner. -2-
5. Address for Notices. Any notices, demands or communications under this Agreement shall be given as follows:
To Owner: Loma Linda Holdings Ltd.
do Strikeman Elliott LLP
Attn: Richard Jackson
666 Burrard St #1700
Vancouver, BC V6c 2X8
To City: City of Beverly Hills
455 North Rexford Drive
Beverly Hills, California 90210
Attn: City Engineer
Written notices, demands and communications between City and Owner shall be sufficiently given by personal service or dispatched by first class mail, postage prepaid, return receipt requested, to the addresses set forth above. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section. Notwithstanding anything to the contrary contained herein, notice personally served shall be presumed to have been received as of the date of such service, and notices sent via mail as provided herein shall be presumed to have been received on the second business day after deposit of same in the mail.
N WITNESS WHEREOF, Owner has executed this Agreement as ofthe date first written above.
“Owner”:
*1
*1
Acknowledged and agreed Imust be signed by all parties having an interest in the Property, including beneficiaries and trustees in deeds of trust, as shown by a current preliminary report furnished by the Owner!:
*1
-3-
Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182
5. Address for Notices. Any notices, demands or communications under this Agreement shall be given as follows:
To Owner:
To City:
Loma Linda Holdings Ltd.
c/o Strikeman Elliott LLP
Attn: Richard Jackson
666 Burrard St #1700
Vancouver, BC V6c 2X8
City of Beverly Hills
455 North Rexford Drive
Beverly Hills, California 90210
Attn: City Engineer
Written notices, demands and communications between City and Owner shall be sufficiently given by personal service or dispatched by first class mail, postage prepaid, return receipt requested, to the addresses set forth above. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section. Notwithstanding anything to the contrary contained herein, notice personally served shall be presumed to have been received as of the date of such service, and notices sent via mail as provided herein shall be presumed to have been received on the second business day after deposit of same in the mail.
IN WITNESS WHEREOF, Owner has executed this Agreement as of the date first written above.
"Owner":
*/
--------------
*/ -------------
Acknowledged and agreed (must be signed by all parties having an interest in the Property, including beneficiaries and trustees in deeds of trust, as shown by a current preliminary report furnished by the Owner]:
*I
--------------
-3-
5. Address for Notices. Any notices, demands or communications under this Agreement shall be given as follows:
To Owner:
To City:
Loma Linda Holdings Ltd.
c/o Strikeman Elliott LLP
Attn: Richard Jackson
666 Burrard St #1700
Vancouver, BC V6c 2X8
City of Beverly Hills
455 North Rexford Drive
Beverly Hills, California 90210
Attn: City Engineer
Written notices, demands and communications between City and Owner shall be sufficiently given by personal service or dispatched by first class mail, postage prepaid, return receipt requested, to the addresses set forth above. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section. Notwithstanding anything to the contrary contained herein, notice personally served shall be presumed to have been received as of the date of such service, and notices sent via mail as provided herein shall be presumed to have been received on the second business day after deposit of same in the mail.
IN WITNESS WHEREOF, Owner has executed this Agreement as of the date first written above.
"Owner":
*/
--------------
*/ -------------
Acknowledged and agreed (must be signed by all parties having an interest in the Property, including beneficiaries and trustees in deeds of trust, as shown by a current preliminary report furnished by the Owner]:
*I
--------------
-3-
*/If a corporation is signing, two officers must sign, one from each of the following groups:
(1) chairman ofthe board, the president or any vice president; and (2) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer.
Also note: each binding signature must be notarized.
Approved as to Form: Approved as to Content:
Deborah R. Hakman Mark Cuneo
Assistant City Attorney City Engineer
-4-
Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 */If a corporation is signing, two officers must sign, one from each of the following groups:
(1) chairman of the board, the president or any vice president; and (2) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer.
Also note: each binding signature must be notarized.
Approved as to Form:
Deborah R. Hakman
Assistant City Attorney
Approved as to Content:
Mark Cuneo
City Engineer
-4-
*/If a corporation is signing, two officers must sign, one from each of the following groups:
(1) chairman of the board, the president or any vice president; and (2) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer.
Also note: each binding signature must be notarized.
Approved as to Form:
Deborah R. Hakman
Assistant City Attorney
Approved as to Content:
Mark Cuneo
City Engineer
-4-
Exhibit A
Legal Descdpfion ofEasement Area
-Se
Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 Exhibit A
Legal Description of Easement Area
-5-
Exhibit A
Legal Description of Easement Area
-5-
1 OF I
EXHIBIT “A”
LEGAL DESCRIPTION
PORTION OF APN 4350-020-032
THAT PORTION OF LOT 6 OF TRACT NO. 13101, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 280, PAGES 1 TO 9, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE EASTERLY CORNER Of SAID LOT 6, BEING A PONT ON THE WESTERLY BOUNDARY OF LOMA LINDA DRIVE, ALSO BEING THE BEGINNING Of A CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 309.31 FEET, A RADIAL LINE TO SAID PONT ON SAID CURVE BEARS SOUTH 73°36’OO” EAST; THENCE IN A SOUTHERLY DIRECTION 148.63
FEET ALONG SAID CURVE BEING SAID WESTERLY BOUNDARY OF LOMA LINDA DRIVE, THROUGH A CENTRAL ANGLE OF 27°31’52”, TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 78.90 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE, BEARS SOUTH 46°04’08” EAST; THENCE IN A WESTERLY DIRECTION 55.22 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40°06’08”; THENCE SOUTH 05°52’OO” EAST 16.92 FEET, TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 17.03 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE BEARS NORTH 08°45’48” WEST; THENCE IN A WESTERLY DIRECTION
3.12 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°29’ll”, TO THE
BEGINNING OF A NON-TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF
60.96 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE BEARS NORTH 84°5Y48” EAST; THENCE IN A NORTHERLY DIRECTION 18.88 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17°44’38”; THENCE NORTH 27°5Y57” EAST 20.70 FEET, TO THE
BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 45.07 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE BEARS SOUTH 23°48’53” WEST; THENCE IN AN EASTERLY DIRECTION 44.56 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 56°39’03”, TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 284.80 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE BEARS SOUTH 45°22’44” EAST; THENCE IN A NORTHEASTERLY DIRECTION
18.36 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°41’36”, TO THE
BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 308.86 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE BEARS SOUTH 49°01’05” EAST; THENCE IN A NORTHEASTERLY DIRECTION 132.18 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24°31’l 1”; THENCE NORTH 73°15’54” EAST 0.59 FEET, TO THE POINT OF BEGINNING.
AREA IS APPROXIMATELY 604 SQUARE FEET
LC ENGINEERING GROUP, INC.
CONSULTING ENGINEERS
889 Pierce Court, Suite 101, Thousand Oaks, California 91360 818-991-7148 • 805-497-1244 • tcegroupinc.com • [email protected] 11-2-17
Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 1 OF 1
EXHIBIT"A"
LEGAL DESCRIPTION
PORTION OF APN 4350-020-032
THAT PORTION OF LOT 6 OF TRACT NO. 13101, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 280, PAGES 1 TO 9, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE EASTERLY CORNER OF SAID LOT 6, BEING A POINT ON THE WESTERLY
BOUNDARY OF LOMA LINDA DRIVE, ALSO BEING THE BEGINNING OF A CURVE, CONCA VE WESTERLY AND HAVING A RADIUS OF 309.31 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE BEARS SOUTH 7336'00" EAST; THENCE IN A SOUTHERLY DIRECTION 148.63
FEET ALONG SAID CURVE BEING SAID WESTERLY BOUNDARY OF LOMA LINDA DRIVE, THROUGH A CENTRAL ANGLE OF 273152", TO THE BEGINNING OF A NON-TANGENT CURVE, CONCA VE NORTHERLY AND HA YING A RADIUS OF 78.90 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE, BEARS SOUTH 4604'08" EAST; THENCE IN A WESTERLY DIRECTION 55.22 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40°06'08"; THENCE SOUTH 0558'00" EAST 16.92 FEET, TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 17.03 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE BEARS NORTH 0845'48" WEST; THENCE IN A WESTERLY DIRECTION
3.12 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1029'11", TO THE
BEGINNING OF A NON-TANGENT CURVE, CONCAVE WESTERLY AND HA YING A RADIUS OF
60.96 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE BEARS NORTH 8453'48" EAST; THENCE IN A NORTHERLY DIRECTION 18.88 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1744'38"; THENCE NORTH 2753'57" EAST 20.70 FEET, TO THE
BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 45.07 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE BEARS SOUTH 2348'53" WEST; THENCE IN AN EASTERLY DIRECTION 44.56 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5639'03", TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY AND HA YING A RADIUS OF 284.80 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE BEARS SOUTH 4522'44" EAST; THENCE IN A NORTHEASTERLY DIRECTION
18.36 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0341'36", TO THE
BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 308.86 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE BEARS SOUTH 49005" EAST; THENCE IN A NORTHEASTERLY DIRECTION 132.18 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2431'11"; THENCE NORTH 73°15'54" EAST 0.59 FEET, TO THE POINT OF BEGINNING.
AREA IS APPROXIMATELY 604 SQUARE FEET
LC ENGINEERING GROUP, INC.
CONSULTING ENGINEERS
889 Pierce Court, Suite 101, Thousand Oaks, California 91360 818-991-7148 • 805-497-1244 • lcegroupinc.com [email protected] 11-2-17
1 OF 1
EXHIBIT"A"
LEGAL DESCRIPTION
PORTION OF APN 4350-020-032
THAT PORTION OF LOT 6 OF TRACT NO. 13101, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 280, PAGES 1 TO 9, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE EASTERLY CORNER OF SAID LOT 6, BEING A POINT ON THE WESTERLY
BOUNDARY OF LOMA LINDA DRIVE, ALSO BEING THE BEGINNING OF A CURVE, CONCA VE WESTERLY AND HAVING A RADIUS OF 309.31 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE BEARS SOUTH 7336'00" EAST; THENCE IN A SOUTHERLY DIRECTION 148.63
FEET ALONG SAID CURVE BEING SAID WESTERLY BOUNDARY OF LOMA LINDA DRIVE, THROUGH A CENTRAL ANGLE OF 273152", TO THE BEGINNING OF A NON-TANGENT CURVE, CONCA VE NORTHERLY AND HA YING A RADIUS OF 78.90 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE, BEARS SOUTH 4604'08" EAST; THENCE IN A WESTERLY DIRECTION 55.22 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40°06'08"; THENCE SOUTH 0558'00" EAST 16.92 FEET, TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 17.03 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE BEARS NORTH 0845'48" WEST; THENCE IN A WESTERLY DIRECTION
3.12 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1029'11", TO THE
BEGINNING OF A NON-TANGENT CURVE, CONCAVE WESTERLY AND HA YING A RADIUS OF
60.96 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE BEARS NORTH 8453'48" EAST; THENCE IN A NORTHERLY DIRECTION 18.88 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1744'38"; THENCE NORTH 2753'57" EAST 20.70 FEET, TO THE
BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 45.07 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE BEARS SOUTH 2348'53" WEST; THENCE IN AN EASTERLY DIRECTION 44.56 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5639'03", TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY AND HA YING A RADIUS OF 284.80 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE BEARS SOUTH 4522'44" EAST; THENCE IN A NORTHEASTERLY DIRECTION
18.36 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0341'36", TO THE
BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 308.86 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE BEARS SOUTH 49005" EAST; THENCE IN A NORTHEASTERLY DIRECTION 132.18 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2431'11"; THENCE NORTH 73°15'54" EAST 0.59 FEET, TO THE POINT OF BEGINNING.
AREA IS APPROXIMATELY 604 SQUARE FEET
LC ENGINEERING GROUP, INC.
CONSULTING ENGINEERS
889 Pierce Court, Suite 101, Thousand Oaks, California 91360 818-991-7148 • 805-497-1244 • lcegroupinc.com [email protected] 11-2-17
SCALE: 1”=30’
15’ 0’ 30’
LC ENGINEERING GROUP, INC.
/
/
/
1 0F3 EXHIBIT “B”
APN 4350—020—032
1184 LOMA LINDA DR. /
/
—
I
1 CONSULTING ENGINEERS
889 Pierce Court, Suite 101, Thousand Oaks, California 91360 818-991-7148 • 805-497-1244 . lcegroupinc,com workflIesijkegroupinc.com 11-2-17 Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 EXHIBIT"B" 1 OF 3
I
I
t - -
-- --
---------- -- _
--------
APN 4350-020-032 92 I O
1184 LOMA LINDA DR. I
° �
v
SCALE: 1"=30'
11-2-17
o' 3o'
� LC ENGINEERING GROUP, INC.
CONSULTING ENGINEERS
889 Pierce Court, Suite 101, Thousand Oaks, California 91360 818.991-7148 • 805.497-1244 • lcegroupinc.com • [email protected] 15'
EXHIBIT"B" 1 OF 3
I
I
t - -
-- --
---------- -- _
--------
APN 4350-020-032 92 I O
1184 LOMA LINDA DR. I
° �
v
SCALE: 1"=30'
11-2-17
o' 3o'
� LC ENGINEERING GROUP, INC.
CONSULTING ENGINEERS
889 Pierce Court, Suite 101, Thousand Oaks, California 91360 818.991-7148 • 805.497-1244 • lcegroupinc.com • [email protected] 15'
SCALE: 1”=lO
1 b’
EXHIBIT “B” 2 OF 3
Cl =56 39 ‘03”
R = 45.07’
L=44.56’
APN 4350—020—032
1184 LOMA LINDA DR.
A=1 744’38”
R=60.96’
L=18.88’
\0
(i-i
R=17.03’
=1 0 2—
L=3.12’ N
& a’
LC ENGINEERING GROUP, INC.
CONSULTING ENGINEERS
889 Pierce Court, Suite 101, Thousand Oaks, California 91360 818991-7148 • 805-497-1244 • lcegroupinccom . [email protected] 11-2-17 Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 EXHIBIT"B"
APN 4350--020-032
1184 LOMA LINDA DR.
A=1744'38"
R=60.96'
L=18.88'
±-102%»
-%%"
L=3.12'
SCALE: 1"=10
A=5639'03"
R=45.07'
L=44.56'
2 OF 3
c2
Ah C]
5' o' 10'
LC ENGINEERING GROUP, INC.
CONSULTING ENGINEERS
889 Pierce Court, Suite 101, Thousand Oaks, California 91360 818.991-7148 • 805-497-1244 • lcegroupinc.com • [email protected] 11-2-17 EXHIBIT"B"
APN 4350--020-032
1184 LOMA LINDA DR.
A=1744'38"
R=60.96'
L=18.88'
±-102%»
-%%"
L=3.12'
SCALE: 1"=10
A=5639'03"
R=45.07'
L=44.56'
2 OF 3
c2
Ah C]
5' o' 10'
LC ENGINEERING GROUP, INC.
CONSULTING ENGINEERS
889 Pierce Court, Suite 101, Thousand Oaks, California 91360 818.991-7148 • 805-497-1244 • lcegroupinc.com • [email protected] 11-2-17 CURVE TABLE:
CURVE: DELTA: RADIUS: LENGTH:
Cl 2T31’52” 309.31’ 148.63’
C2 0341’36” 284.80’ 18.36’
C3 2431’ii” 308.86’ 132.18’
EXHIBIT “B”
LINE TABLE:
LINE: BEARING: DISTANCE:
Li J N73Y5’54”E 0.59’
I
LC ENGINEERING GROUP, INC.
CONSULTING ENGINEERS
889 Pkrce Court, Suite 101, Thousand Oaks, California 91360 818-991-7148 • 805-497-1244 • lcegroupinc.com • [email protected] Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 10'
POB
o'
30F3
C1
SCALE: 1"=10
5'
11-2-17
EXHIBIT "B"
LC ENGINEERING GROUP, INC.
CONSULTING ENGINEERS
889 Pierce Court, Suite 101, Thousand Oaks, California 91360 818-991-7148 • 805-497-1244 • lcegroupinc.com • [email protected] 'h C]
C2
CURVE TABLE:
LINE TABLE:
LINE: BEARING: DISTANCE:
L1 N7315'54"E 0.59'
CURVE: DELTA: RADIUS: LENGTH:
C1 2731'52° 309.31' 148.63'
c2 0341'36" 284.80' 18.36'
C3 2431'1° 308.86' 132.18'
10'
POB
o'
30F 3
C1
SCALE: 1"=10
5'
11-2-17
EXHIBIT "B"
LC ENGINEERING GROUP, INC.
CONSULTING ENGINEERS
889 Pierce Court, Suite 101, Thousand Oaks, California 91360 818-991-7148 • 805-497-1244 • lcegroupinc.com • [email protected] A# C1
C2
CURVE TABLE:
LINE TABLE:
LINE: BEARING: DISTANCE:
L1 N7315'54"E 0.59'
CURVE: DELTA: RADIUS: LENGTH:
C1 2731'52° 309.31' 148.63'
C2 0341'36" 284.80' 18.36'
c3 2431'1° 308.86' 132.18'
-9-
B0785-0009\3152418v1.doc
Exhibit 2
Agreement Containing Irrevocable Offer of Dedication
and Covenants Concerning Real Property
1193 LOMA LINDA DRIVE
cusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 Recording Requested By and
When Recorded Return To:
City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attn: City Clerk
free Recording per Gov’t Code Sec. 6103
AGREEMENT CONTAINING
IRREVOCABLE OFFER Of DEDICATION
AND COVENANTS CONCERNING REAL PROPERTY
THIS AGREEMENT CONTAINING IRREVOCABLE OFFER Of DEDICATION AND COVENANTS CONCERNING REAL PROPERTY (this “Agreement”) is made as of_ day of 2017, by LOMA LINDA HOLDINGS LTD., as Trustee of the Loma Linda Trust (“Owner”), in favor ofthe CITY OF BEVERLY HILLS, a municipal corporation (the “City”).
1. IRREVOCABLE OFFER OF DEDICATION. Owner hereby makes an irrevocable offer (the “Offer”) to dedicate to City an easement (the “Easement”) for public street and/or alley purposes over that certain real property (the “Property”) known as 1193 Loma Linda Drive, City of Beverly Hills, County of Los Angeles, described on Exhibit A, attached hereto and incorporated herein by reference.
a. Term of Offer. The term (the “Term”) ofthe Offer shall commence on the date of recordation hereof, which date shall be the date the Offer is deemed filed for the purposes of Beverly Hills Municipal Code Section 10-6-4, and shall expire on the date (the “Expiration Date”) that the Offer is accepted or rejected by the City Council. The Offer is irrevocable by Owner until the Expiration Date.
b. Mode of Acceptance of Offer. The Offer may be accepted by City any time prior to the Expiration Date by adoption of a Resolution of the City Council of the City accepting the dedication of the Easement (the “Resolution of Acceptance”). The Resolution of Acceptance will authorize the appropriate City official to execute an instrument (the “Acceptance”) accepting the Offer in substantially the form attached hereto as Exhibit B, which is incorporated herein by reference.
2. COVENANTS. Owner covenants, for themselves, their successor and assigns, as follows:
a. Removal of Encroachments. To remove, at Owner’s sole cost and expense, all improvements and fixtures upon the Property which the City Engineer reasonably determines will constitute encroachments onto the Easement upon City’s acceptance of the Easement (the “Encroachments”). The removal shall be performed in accordance with the following:
—1—
Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 Recording Requested By and
When Recorded Return To:
City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attn: City Clerk
Free Recording per Gov't Code Sec. 6103
AGREEMENT CONTAINING
IRREVOCABLE OFFER OF DEDICATION
AND COVENANTS CONCERNING REAL PROPERTY
THIS AGREEMENT CONTAINING IRREVOCABLE OFFER OF DEDICATION AND COVENANTS CONCERNING REAL PROPERTY (this "Agreement") is made as of_ day of 2017, by LOMA LINDA HOLDINGS LTD., as Trustee of the Loma Linda Trust ("Owner"), in favor of the CITY OF BEVERLY HILLS, a municipal corporation (the "City").
1. IRREVOCABLE OFFER OF DEDICATION. Owner hereby makes an irrevocable offer (the "Offer") to dedicate to City an easement (the "Easement") for public street and/or alley purposes over that certain real property (the "Property") known as 1193 Loma Linda Drive, City of Beverly Hills, County of Los Angeles, described on Exhibit A, attached hereto and incorporated herein by reference.
a. Term of Offer. The term (the "Term") of the Offer shall commence on the date of recordation hereof, which date shall be the date the Offer is deemed filed for the purposes of Beverly Hills Municipal Code Section 10-6-4, and shall expire on the date (the "Expiration Date") that the Offer is accepted or rejected by the City Council. The Offer is irrevocable by Owner until the Expiration Date.
b. Mode of Acceptance of Offer. The Offer may be accepted by City any time prior to the Expiration Date by adoption of a Resolution of the City Council of the City accepting the dedication of the Easement (the "Resolution of Acceptance"). The Resolution of Acceptance will authorize the appropriate City official to execute an instrument (the "Acceptance") accepting the Offer in substantially the form attached hereto as Exhibit B, which is incorporated herein by reference.
2. COVENANTS. Owner covenants, for themselves, their successor and assigns, as follows:
a. Removal of Encroachments. To remove, at Owner's sole cost and expense, all improvements and fixtures upon the Property which the City Engineer reasonably determines will constitute encroachments onto the Easement upon City's acceptance of the Easement (the "Encroachments"). The removal shall be performed in accordance with the following:
-1-
Recording Requested By and
When Recorded Return To:
City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attn: City Clerk
Free Recording per Gov't Code Sec. 6103
AGREEMENT CONTAINING
IRREVOCABLE OFFER OF DEDICATION
AND COVENANTS CONCERNING REAL PROPERTY
THIS AGREEMENT CONTAINING IRREVOCABLE OFFER OF DEDICATION AND COVENANTS CONCERNING REAL PROPERTY (this "Agreement") is made as of_ day of 2017, by LOMA LINDA HOLDINGS LTD., as Trustee of the Loma Linda Trust ("Owner"), in favor of the CITY OF BEYERL Y HILLS, a municipal corporation (the "City").
1. IRREVOCABLE OFFER OF DEDICATION. Owner hereby makes an irrevocable offer (the "Offer") to dedicate to City an easement (the "Easement") for public street and/or alley purposes over that certain real property (the "Property") known as 1193 Loma Linda Drive, City of Beverly Hills, County of Los Angeles, described on Exhibit A, attached hereto and incorporated herein by reference.
a. Term of Offer. The term (the "Term") of the Offer shall commence on the date of recordation hereof, which date shall be the date the Offer is deemed filed for the purposes of Beverly Hills Municipal Code Section 10-6-4, and shall expire on the date (the "Expiration Date") that the Offer is accepted or rejected by the City Council. The Offer is irrevocable by Owner until the Expiration Date.
b. Mode of Acceptance of Offer. The Offer may be accepted by City any time prior to the Expiration Date by adoption of a Resolution of the City Council of the City accepting the dedication of the Easement (the "Resolution of Acceptance"). The Resolution of Acceptance will authorize the appropriate City official to execute an instrument (the "Acceptance") accepting the Offer in substantially the form attached hereto as Exhibit B, which is incorporated herein by reference.
2. COVENANTS. Owner covenants, for themselves, their successor and assigns, as follows:
a. Removal of Encroachments. To remove, at Owner's sole cost and expense, all improvements and fixtures upon the Property which the City Engineer reasonably determines will constitute encroachments onto the Easement upon City's acceptance of the Easement (the "Encroachments"). The removal shall be performed in accordance with the following:
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(1) City shall give a written notice to Owner, which notice shall: (1) describe the Encroachments that must be removed; (ii) direct Owner to remove them; and (iii) specify the date by which the removal must be completed, which date shall be no less than sixty (60) days after the date the notice is given.
(2) The Owner shall remove the Encroachments by the date specified in the notice.
(3) In the event Owner shall fail to remove the Encroachments by that date, or if Owner delays in the removal of the Encroachments such that the removal cannot practicably be completed by that date, City may immediately enter the Property and remove or cause the removal ofthe Encroachments at Owner’s cost. Owner shall, immediately upon demand, reimburse City for City’s actual costs incurred in removing the Encroachments. b. Construction of Improvements. To install and complete to the satisfaction ofthe City Engineer any improvements that the City Engineer determines are required to effectuate the purpose of the Easement.
3. Covenants Run With the Land. The covenants made in this Agreement and the Offer shall run with the land and shall burden the Property for the benefit of City. The covenants and the Offer shall inure to the benefit of, or bind, as the case may require, the respective heirs, representatives, successors and assigns of City and Owner. Owner authorizes City to record this Agreement in Official Records ofthe Recorder’s Office ofthe County of Los Angeles.
4. Limitation on City Liability and Indemnification.
a. Owner and City agree that City shall have no liability with respect to the Property or the Easement, whether resulting from the maintenance or failure to maintain same or otherwise, and shall not assume any responsibility for the Property or the Easement or any improvements or fixtures thereon or therein, unless and until both of the following occur:
(1) City adopts the Resolution of Acceptance; and
(2) The removal of all Encroachments and the construction of all Improvements have been completed to the satisfaction ofthe City Engineer. b. Owner agrees to continue to maintain the Property and assume all liability for the condition ofthe Property until both ofthe conditions set forth in Section 4(a) have occurred.
Owner agrees to indemnify, hold harmless, protect and defend City, its Council, and each member thereof, directors, officers, agents, employees and attorneys, from all claims, causes of action, suits, damages or other liabilities occurring in, on or about the Easement and/or the Property until both of the conditions set forth in Section 4(a) have occurred. c. Upon the acceptance ofthe Easement and the occurrence of both conditions set forth in Section 4(a), City agrees to assume maintenance of the surface improvements within that portion of the easement area delineated by the required red curbs, as shown on Exhibit A-i attached hereto and incorporated herein by reference, along with any signage as may be required by the City. All other areas of the Easement shall be maintained by Owner. -2-
Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 (1) City shall give a written notice to Owner, which notice shall: (i) describe the Encroachments that must be removed; (ii) direct Owner to remove them; and (iii) specify the date by which the removal must be completed, which date shall be no less than sixty ( 60) days after the date the notice is given.
(2) The Owner shall remove the Encroachments by the date specified in the notice.
(3) In the event Owner shall fail to remove the Encroachments by that date, or if Owner delays in the removal of the Encroachments such that the removal cannot practicably be completed by that date, City may immediately enter the Property and remove or cause the removal of the Encroachments at Owner's cost. Owner shall, immediately upon demand, reimburse City for City's actual costs incurred in removing the Encroachments. b. Construction of Improvements. To install and complete to the satisfaction of the City Engineer any improvements that the City Engineer determines are required to effectuate the purpose of the Easement.
3. Covenants Run With the Land. The covenants made in this Agreement and the Offer shall run with the land and shall burden the Property for the benefit of City. The covenants and the Offer shall inure to the benefit of, or bind, as the case may require, the respective heirs, representatives, successors and assigns of City and Owner. Owner authorizes City to record this Agreement in Official Records of the Recorder's Office of the County of Los Angeles.
4. Limitation on City Liability and Indemnification.
a. Owner and City agree that City shall have no liability with respect to the Property or the Easement, whether resulting from the maintenance or failure to maintain same or otherwise, and shall not assume any responsibility for the Property or the Easement or any improvements or fixtures thereon or therein, unless and until both of the following occur:
(1) City adopts the Resolution of Acceptance; and
(2) The removal of all Encroachments and the construction of all Improvements have been completed to the satisfaction of the City Engineer. b. Owner agrees to continue to maintain the Property and assume all liability for the condition of the Property until both of the conditions set forth in Section 4(a) have occurred.
Owner agrees to indemnify, hold harmless, protect and defend City, its Council, and each member thereof, directors, officers, agents, employees and attorneys, from all claims, causes of action, suits, damages or other liabilities occurring in, on or about the Easement and/or the Property until both of the conditions set forth in Section 4(a) have occurred. c. Upon the acceptance of the Easement and the occurrence of both conditions set forth in Section 4(a), City agrees to assume maintenance of the surface improvements within that portion of the easement area delineated by the required red curbs, as shown on Exhibit A-1 attached hereto and incorporated herein by reference, along with any signage as may be required by the City. All other areas of the Easement shall be maintained by Owner. -2-
(1) City shall give a written notice to Owner, which notice shall: (i) describe the Encroachments that must be removed; (ii) direct Owner to remove them; and (iii) specify the date by which the removal must be completed, which date shall be no less than sixty ( 60) days after the date the notice is given.
(2) The Owner shall remove the Encroachments by the date specified in the notice.
(3) In the event Owner shall fail to remove the Encroachments by that date, or if Owner delays in the removal of the Encroachments such that the removal cannot practicably be completed by that date, City may immediately enter the Property and remove or cause the removal of the Encroachments at Owner's cost. Owner shall, immediately upon demand, reimburse City for City's actual costs incurred in removing the Encroachments. b. Construction of Improvements. To install and complete to the satisfaction of the City Engineer any improvements that the City Engineer determines are required to effectuate the purpose of the Easement.
3. Covenants Run With the Land. The covenants made in this Agreement and the Offer shall run with the land and shall burden the Property for the benefit of City. The covenants and the Offer shall inure to the benefit of, or bind, as the case may require, the respective heirs, representatives, successors and assigns of City and Owner. Owner authorizes City to record this Agreement in Official Records of the Recorder's Office of the County of Los Angeles.
4. Limitation on City Liability and Indemnification.
a. Owner and City agree that City shall have no liability with respect to the Property or the Easement, whether resulting from the maintenance or failure to maintain same or otherwise, and shall not assume any responsibility for the Property or the Easement or any improvements or fixtures thereon or therein, unless and until both of the following occur:
(1) City adopts the Resolution of Acceptance; and
(2) The removal of all Encroachments and the construction of all Improvements have been completed to the satisfaction of the City Engineer. b. Owner agrees to continue to maintain the Property and assume all liability for the condition of the Property until both of the conditions set forth in Section 4(a) have occurred.
Owner agrees to indemnify, hold harmless, protect and defend City, its Council, and each member thereof, directors, officers, agents, employees and attorneys, from all claims, causes of action, suits, damages or other liabilities occurring in, on or about the Easement and/or the Property until both of the conditions set forth in Section 4(a) have occurred. c. Upon the acceptance of the Easement and the occurrence of both conditions set forth in Section 4(a), City agrees to assume maintenance of the surface improvements within that portion of the easement area delineated by the required red curbs, as shown on Exhibit A-1 attached hereto and incorporated herein by reference, along with any signage as may be required by the City. All other areas of the Easement shall be maintained by Owner. -2-
5. Address for Notices. Any notices, demands or communications under this Agreement shall be given as follows:
To Owner: Loma Linda Holdings Ltd.
do Strikeman Elliott LLP
Attn: Richard Jackson
666 Burrard St #1700
Vancouver, BC V6c 2X$
To City: City of Beverly Hills
455 North Rexford Drive
Beverly Hills, California 90210
Attn: City Engineer
Written notices, demands and communications between City and Owner shall be sufficiently given by personal service or dispatched by first class mail, postage prepaid, return receipt requested, to the addresses set forth above. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section. Notwithstanding anything to the contrary contained herein, notice personally served shall be presumed to have been received as of the date of such service, and notices sent via mail as provided herein shall be presumed to have been received on the second business day after deposit ofsame in the mail.
IN WITNESS WHEREOF, Owner has executed this Agreement as ofthe date first written above.
ItOwner??:
*1
*/
Acknowledged and agreed must be signed by all parties having an interest in the Property, including beneficiaries and trustees in deeds of trust, as shown by a current preliminary report furnished by the Owner):
*1
*/Jf a corporation is signing, two officers must sign, one from each of the following groups:
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Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182
5. Address for Notices. Any notices, demands or communications under this Agreement shall be given as follows:
To Owner:
To City:
Loma Linda Holdings Ltd.
c/o Strikeman Elliott LLP
Attn: Richard Jackson
666 Burrard St # 1700
Vancouver, BC V6c 2X8
City of Beverly Hills
455 North Rexford Drive
Beverly Hills, California 90210
Attn: City Engineer
Written notices, demands and communications between City and Owner shall be sufficiently given by personal service or dispatched by first class mail, postage prepaid, return receipt requested, to the addresses set forth above. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section. Notwithstanding anything to the contrary contained herein, notice personally served shall be presumed to have been received as of the date of such service, and notices sent via mail as provided herein shall be presumed to have been received on the second business day after deposit of same in the mail.
IN WITNESS WHEREOF, Owner has executed this Agreement as of the date first written above.
"Owner":
]
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Acknowledged and agreed !must be signed by all parties having an interest in the Property, including beneficiaries and trustees in deeds of trust, as shown by a current preliminary report furnished by the Owner]:
*/
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If a corporation is signing, two officers must sign, one from each of the following groups:
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5. Address for Notices. Any notices, demands or communications under this Agreement shall be given as follows:
To Owner:
To City:
Loma Linda Holdings Ltd.
c/o Strikeman Elliott LLP
Attn: Richard Jackson
666 Burrard St # 1700
Vancouver, BC V6c 2X8
City of Beverly Hills
455 North Rexford Drive
Beverly Hills, California 90210
Attn: City Engineer
Written notices, demands and communications between City and Owner shall be sufficiently given by personal service or dispatched by first class mail, postage prepaid, return receipt requested, to the addresses set forth above. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section. Notwithstanding anything to the contrary contained herein, notice personally served shall be presumed to have been received as of the date of such service, and notices sent via mail as provided herein shall be presumed to have been received on the second business day after deposit of same in the mail.
IN WITNESS WHEREOF, Owner has executed this Agreement as of the date first written above.
"Owner":
*/
-
*/
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Acknowledged and agreed fmust be signed by all parties having an interest in the Property, including beneficiaries and trustees in deeds of trust, as shown by a current preliminary report furnished by the Owner]:
*/
-
If a corporation is signing, two officers must sign, one from each of the following groups:
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(1) chairman of the board, the president or any vice president; and (2) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer.
Also note: each binding signature must be notarized.
Approved as to Form: Approved as to Content:
Deborah R. Hakman Mark Cuneo
Assistant City Attorney City Engineer
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Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 (1) chairman of the board, the president or any vice president; and (2) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer.
Also note: each binding signature must be notarized.
Approved as to Form:
Deborah R. Hakman
Assistant City Attorney
Approved as to Content:
Mark Cuneo
City Engineer
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(1) chairman of the board, the president or any vice president; and (2) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer.
Also note: each binding signature must be notarized.
Approved as to Form:
Deborah R. Hakman
Assistant City Attorney
Approved as to Content:
Mark Cuneo
City Engineer
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Exhibit A
Legal Description of Easement Area
-5-
Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 Exhibit A
Legal Description of Easement Area
-5-
Exhibit A
Legal Description of Easement Area
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EXHIBIT “A”
I OF I
LEGAL DESCRIPTION
PORTION Of APN 4350-021-012
THAT PORTION OF LOT 5 OF TRACT NO. 13101, IN CITY OF BEVERLY HILLS,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 280, PAGES 1 TO 9, INCLUSIVE OF MAPS, TN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER Of SAID LOT 5, BEING A POINT ON THE SOUTHERLY TERMINUS OF LOMA LINDA DRIVE, THENCE NORTH 69°38’OO” EAST 12.82 FEET, ALONG SAID RIGHT-OF-WAY LINE OF LOMA LINDA DRIVE, TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE NORTH 69°38’OO” EAST 7.18 FEET, TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 20.98 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE, BEARS SOUTH 69°38’OO” WEST; THENCE IN A NORTHERLY DIRECTION 24.66 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 67°19’58”, TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS Of 339.31 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE, BEARS SOUTH 43°02’OO” EAST; THENCE IN A NORTHEASTERLY DIRECTION 16.01 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°42’13”, TO THE BEGINNING OF A
NON-TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF
5.50 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE, BEARS SOUTH 64°50’06” WEST; THENCE IN A SOUTHEASTERLY DIRECTION 3.00 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31°16’35”; THENCE SOUTH 56°27’36” EAST 534 FEET; THENCE SOUTH 33°15’SO” WEST 40.01 FEET; THENCE NORTH 56°27’36” WEST
3.07 FEET, TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 6.02 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE, BEARS NORTH 33°27’45” EAST; THENCE IN A WESTERLY DIRECTION 5.64 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53°43’23”, TO THE TRUE POINT OF BEGINNING.
AREA IS APPROXIMATELY 389 SQUARE FEET
LC ENGINEERING GROUP, INC.
CONSULTING ENGINEERS
889 Pierce Court, Suite 101, Thousand Oaks, California 91360 818-991-7148 • 805-497-1244 • Iccgroupinc.com • [email protected] 11-2-17
Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 1 OF 1
EXHIBIT"A"
LEGAL DESCRIPTION
PORTION OF APN 4350-021-012
THAT PORTION OF LOT 5 OF TRACT NO. 13101, IN CITY OF BEVERLY HILLS,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 280, PAGES 1 TO 9, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 5, BEING A POINT ON THE SOUTHERLY TERMINUS OF LOMA LINDA DRIVE, THENCE NORTH 6938'00" EAST 12.82 FEET, ALONG SAID RIGHT-OF-WAY LINE OF LOMA LINDA DRIVE, TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE NORTH 6938'00" EAST 7.18 FEET, TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 20.98 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE, BEARS SOUTH 6938'00" WEST; THENCE IN A NORTHERLY DIRECTION 24.66 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 67°19'58", TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 339.31 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE, BEARS SOUTH 43°02'00" EAST; THENCE IN A NORTHEASTERLY DIRECTION 16.01 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°42'13", TO THE BEGINNING OF A
NON-TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF
5.50 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE, BEARS SOUTH 6450'06" WEST; THENCE IN A SOUTHEASTERLY DIRECTION 3.00 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31°16'35"; THENCE SOUTH 56°27'36" EAST 5.34 FEET; THENCE SOUTH 3315'50" WEST 40.01 FEET; THENCE NORTH 5627'36" WEST
3.07 FEET, TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY AND HA YING A RADIUS OF 6.02 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE, BEARS NORTH 332745" EAST; THENCE IN A WESTERLY DIRECTION 5.64 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5343'23", TO THE TRUE POINT OF BEGINNING.
AREA IS APPROXIMATELY 389 SQUARE FEET
� LC ENGINEERING GROUP, INC.
CONSULTING ENGINEERS
889 Pierce Court, Suite 101, Thousand Oaks, California 91360 818-991-7148 • 805-497-1244 • lcegroupinc.com • [email protected] 11-2-17
1 OF 1
EXHIBIT"A"
LEGAL DESCRIPTION
PORTION OF APN 4350-021-012
THAT PORTION OF LOT 5 OF TRACT NO. 13101, IN CITY OF BEVERLY HILLS,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 280, PAGES 1 TO 9, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 5, BEING A POINT ON THE SOUTHERLY TERMINUS OF LOMA LINDA DRIVE, THENCE NORTH 69°38'00" EAST 12.82 FEET, ALONG SAID RIGHT-OF-WAY LINE OF LOMA LINDA DRIVE, TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE NORTH 69°38'00" EAST 7.18 FEET, TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 20.98 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE, BEARS SOUTH 69°38'00" WEST; THENCE IN A NORTHERLY DIRECTION 24.66 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 67°19'58", TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 339.31 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE, BEARS SOUTH 43°02'00" EAST; THENCE IN A NORTHEASTERLY DIRECTION 16.01 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°42'13", TO THE BEGINNING OF A
NON-TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF
5.50 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE, BEARS SOUTH 64°50'06" WEST; THENCE IN A SOUTHEASTERLY DIRECTION 3.00 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31°16'35"; THENCE SOUTH 56°27'36" EAST 5.34 FEET; THENCE SOUTH 33°15'50" WEST 40.01 FEET; THENCE NORTH 56°27'36" WEST
3.07 FEET, TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 6.02 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE, BEARS NORTH 33°27'45" EAST; THENCE IN A WESTERLY DIRECTION 5.64 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53°43'23", TO THE TRUE POINT OF BEGINNING.
AREA IS APPROXIMATELY 389 SQUARE FEET
� LC ENGINEERING GROUP, INC.
CONSULTING ENGINEERS
889 Pierce Court, Suite 101, Thousand Oaks, California 91360 818.991.7148 • 805.497-1244 • lcegroupinc.com • [email protected] 11-2-17
LC ENGINEERING GROUP, INC.
CONSULTING ENGINEERS
EXHIBIT “B” 1 OF I
7 t=0242’ 13”
R=339.31’
L=16.01’
A=311 6’35”
R=5.50’
L=3.00’
5.34’
E
$
\
A=67 1 9’58”
R=20.98’
L= 24.66’
N 69’38’00” E
7.18’
N
APN 4350—021—012
1193 LOMA LINDA DR.
R=6.02’
L=5.64’
\
3.07’
\
t
SCALE: 1”=lO’
10’
889 Pierce Court, Suite 101, Thousand Oaks, California 91360 818-991-7148 • 805-497-1244 • tcegroapinc.com • [email protected] 11-2-17
Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 EXHIBIT "B"
/
1 OF 1
POB
A=0242'13"
R=339.31'
L=16.01'
A=6719'58"
R=20.98'
L=24.66'
N
TPOB
0 .
A=5343'23"
R=6.02'
L=5.64'
\N5627'36"w
3.07'
\
/ A=3116'35
R=5.50'
L=3.00'
S 5627'36" E
5.34'
APN 4350--021-012
1193 LOMA LINDA DR.
SCALE: 1"=10'
5' o' 10'
LC ENGINEERING GROUP, INC.
CONSULTING ENGINEERS
889 Pierce Court, Suite 101, Thousand Oaks, California 91360 818-991-7148 • 805-497-1244 • lcegroupinc.com • [email protected] 11-2-17
EXHIBIT "B"
/
1 OF 1
POB
A=0242'13"
R=339.31'
L=16.01'
A=6719'58"
R=20.98'
L=24.66'
N
TPOB
0 '
A=5343'23"
R=6.02'
L=5.64'
\N5627'36"w
3.07°
\
/ A=3116'35
R=5.50'
L=3.00'
S 5627'36" E
5.34'
APN 4350--021-012
1193 LOMA LINDA DR.
SCALE: 1"=10'
5' o' 10'
LC ENGINEERING GROUP, INC.
CONSULTING ENGINEERS
889 Pierce Court, Suite 101, Thousand Oaks, California 91360 818-991-7148 • 805-497-1244 • lcegroupinc.com • [email protected] 11-2-17
-10-
B0785-0009\3152418v1.doc
Exhibit 3
Replacement Agreement Containing Irrevocable Offer of Dedication and Covenants Concerning Real Property
1184 LOMA LINDA DRIVE
cusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 Recording Requested By and
When Recorded Return To:
City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attn: City Clerk
Free Recording per Gov't Code Sec. 6103
AGREEMENT CONTAINING
IRREVOCABLE OFFER OF DEDICATION
AND COVENANTS CONCERNING REAL PROPERTY
THIS AGREEMENT CONTAINING IRREVOCABLE OFFER OF DEDICATION AND COVENANTS CONCERNING REAL PROPERTY (this "Agreement") is made as of _____ , 2025, by LOMA LINDA HOLDINGS LTD., as Trustee of the Lorna Linda Trust ("Owner"), in favor of the CITY OF BEVERLY HILLS, a municipal corporation (the "City").
1. IRREVOCABLE OFFER OF DEDICATION. Owner hereby makes an irrevocable offer (the "Offer") to dedicate to City an easement (the "Easement") for public street and/or alley purposes over that certain real property (the "Property") known as 1184 Lorna Linda Drive, City of Beverly Hills, County of Los Angeles, described on Exhibit A and shown in Exhibit B attached hereto and incorporated herein by reference. a. Term of Offer. The term (the "Term") of the Offer shall commence on the date of recordation hereof, which date shall be the date the Offer is deemed filed for the purposes of Beverly Hills Municipal Code Section 10-6-4, and shall expire on the date (the "Expiration Date") that the Offer is accepted or rejected by the City Council. The Offer is irrevocable by Owner until the Expiration Date.
b. Mode of Acceptance of Offer. The Offer may be accepted by City any time prior to the Expiration Date by adoption of a Resolution of the City Council of the City accepting the dedication of the Easement (the "Resolution of Acceptance"). The Resolution of Acceptance will authorize the appropriate City official to execute an instrument (the "Acceptance") accepting the Offer in substantially the form attached hereto as Exhibit C, which is incorporated herein by reference.
2. follows:
COVENANTS. Owner covenants, for themselves, their successor and assigns, as a. Removal of Encroachments. To remove, at Owner's sole cost and expense, all improvements and fixtures upon the Property which the City Engineer reasonably determines will constitute encroachments onto the Easement upon City's acceptance of the Easement (the "Encroachments"). The removal shall be performed in accordance with the following:
-1-
80785-000 I \3 1466 I 6v6.doc
Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 Recording Requested By and
When Recorded Return To:
City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attn: City Clerk
Free Recording per Gov't Code Sec. 6103
AGREEMENT CONT AJNING
IRREVOCABLE OFFER OF DEDICATION
AND COVENANTS CONCERNING REAL PROPERTY
THIS AGREEMENT CONTAJNJNG IRREVOCABLE OFFER OF DEDICATION ,
AND COVENANTS CONCERNING REAL PROPERTY (this "Agreement") is made as of 2025, by LOMA LINDA HOLDINGS LTD., as Trustee of the Loma Linda Trust ("Owner"), in favor of the CITY OF BEVERLY HILLS, a municipal corporation (the "City").
I. IRREVOCABLE OFFER OF DEDICATION. Owner hereby makes an irrevocable offer (the "Offer") to dedicate to City an easement (the "Easement") for public street and/or alley purposes over that certain real property (the "Property") known as I 184 Loma Linda Drive, City of Beverly Hills, County of Los Angeles, described on Exhibit A and shown in Exhibit B attached hereto and incorporated herein by reference. a. Term of Offer. The term (the "Term") of the Offer shall commence on the date of recordation hereof, which date shall be the date the Offer is deemed filed for the purposes of Beverly Hills Municipal Code Section 10-6-4, and shall expire on the date (the "Expiration Date") that the Offer is accepted or rejected by the City Council. The Offer is irrevocable by Owner until the Expiration Date.
b. Mode of Acceptance of Offer. The Offer may be accepted by City any time prior to the Expiration Date by adoption of a Resolution of the City Council of the City accepting the dedication of the Easement (the "Resolution of Acceptance"). The Resolution of Acceptance will authorize the appropriate City official to execute an instrument (the "Acceptance") accepting the Offer in substantially the form attached hereto as Exhibit C, which is incorporated herein by reference.
2. follows:
COVENANTS. Owner covenants, for themselves, their successor and assigns, as a. Removal of Encroachments. To remove, at Owner's sole cost and expense, all improvements and fixtures upon the Property which the City Engineer reasonably determines will constitute encroachments onto the Easement upon City's acceptance of the Easement (the "Encroachments"). The removal shall be performed in accordance with the following:
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Recording Requested By and
When Recorded Return To:
City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attn: City Clerk
Free Recording per Gov't Code Sec. 6103
AGREEMENT CONT AJNING
IRREVOCABLE OFFER OF DEDICATION
AND COVENANTS CONCERNING REAL PROPERTY
THIS AGREEMENT CONTAJNJNG IRREVOCABLE OFFER OF DEDICATION ,
AND COVENANTS CONCERNING REAL PROPERTY (this "Agreement") is made as of 2025, by LOMA LINDA HOLDINGS LTD., as Trustee of the Loma Linda Trust ("Owner"), in favor of the CITY OF BEVERLY HILLS, a municipal corporation (the "City").
I. IRREVOCABLE OFFER OF DEDICATION. Owner hereby makes an irrevocable offer (the "Offer") to dedicate to City an easement (the "Easement") for public street and/or alley purposes over that certain real property (the "Property") known as I 184 Loma Linda Drive, City of Beverly Hills, County of Los Angeles, described on Exhibit A and shown in Exhibit B attached hereto and incorporated herein by reference. a. Term of Offer. The term (the "Term") of the Offer shall commence on the date of recordation hereof, which date shall be the date the Offer is deemed filed for the purposes of Beverly Hills Municipal Code Section 10-6-4, and shall expire on the date (the "Expiration Date") that the Offer is accepted or rejected by the City Council. The Offer is irrevocable by Owner until the Expiration Date.
b. Mode of Acceptance of Offer. The Offer may be accepted by City any time prior to the Expiration Date by adoption of a Resolution of the City Council of the City accepting the dedication of the Easement (the "Resolution of Acceptance"). The Resolution of Acceptance will authorize the appropriate City official to execute an instrument (the "Acceptance") accepting the Offer in substantially the form attached hereto as Exhibit C, which is incorporated herein by reference.
2. follows:
COVENANTS. Owner covenants, for themselves, their successor and assigns, as a. Removal of Encroachments. To remove, at Owner's sole cost and expense, all improvements and fixtures upon the Property which the City Engineer reasonably determines will constitute encroachments onto the Easement upon City's acceptance of the Easement (the "Encroachments"). The removal shall be performed in accordance with the following:
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(1) City shall give a written notice to Owner, which notice shall: (i) describe the Encroachments that must be removed; (ii) direct Owner to remove them; and (iii) specify the date by which the removal must be completed, which date shall be no less than sixty (60) days after the date the notice is given.
(2) The Owner shall remove the Encroachments by the date specified in the notice.
(3) In the event Owner shall fail to remove the Encroachments by that date, or if Owner delays in the removal of the Encroachments such that the removal cannot practicably be completed by that date, City may immediately enter the Property and remove or cause the removal of the Encroachments at Owner's cost. Owner shall, immediately upon demand, reimburse City for City's actual costs incurred in removing the Encroachments. b. Construction of Improvements. To install and complete to the satisfaction of the City Engineer any improvements that the City Engineer determines are required to effectuate the purpose of the Easement.
3. Covenants Run With the Land. The covenants made in this Agreement and the Offer shall run with the land and shall burden the Property for the benefit of City. The covenants and the Offer shall inure to the benefit of, or bind, as the case may require, the respective heirs, representatives, successors and assigns of City and Owner. Owner authorizes City to record this Agreement in Official Records of the Recorder's Office of the County of Los Angeles.
4. Limitation on City Liability and Indemnification.
a. Owner and City agree that City shall have no liability with respect to the Property or the Easement, whether resulting from the maintenance or failure to maintain same or otherwise, and shall not assume any responsibility for the Property or the Easement or any improvements or fixtures thereon or therein, unless and until both of the following occur:
(1) City adopts the Resolution of Acceptance; and
(2) The removal of all Encroachments and the construction of all Improvements have been completed to the satisfaction of the City Engineer. b. Owner agrees to continue to maintain the Property and assume all liability for the condition of the Property until both of the conditions set forth in Section 4(a) have occurred. Owner agrees to indemnify, hold harmless, protect and defend City, its Council, and each member thereof, directors, officers, agents, employees and attorneys, from all claims, causes of action, suits, damages or other liabilities occurring in, on or about the Easement and/or the Property until both of the conditions set forth in Section 4(a) have occurred. c. Upon the acceptance of the Easement and the occurrence of both conditions set forth in Section 4(a), City agrees to assume maintenance of the surface improvements within that portion of the easement area delineated by the required red curbs, as shown on Exhibit D attached hereto and incorporated herein by reference, along with any -2-
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Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 (I) City shall give a written notice to Owner, which notice shall: (i) describe the Encroachments that must be removed; (ii) direct Owner to remove them; and (iii) specify the date by which the removal must be completed, which date shall be no less than sixty (60) days after the date the notice is given.
(2) The Owner shall remove the Encroachments by the date specified in the notice.
(3) In the event Owner shall fail to remove the Encroachments by that date, or if Owner delays in the removal of the Encroachments such that the removal cannot practicably be completed by that date, City may immediately enter the Property and remove or cause the removal of the Encroachments at Owner's cost. Owner shall, immediately upon demand, reimburse City for City's actual costs incurred in removing the Encroachments. b. Construction of Improvements. To install and complete to the satisfaction of the City Engineer any improvements that the City Engineer determines are required to effectuate the purpose of the Easement.
3. Covenants Run With the Land. The covenants made in this Agreement and the Offer shall run with the land and shall burden the Property for the benefit of City. The covenants and the Offer shall inure to the benefit of, or bind, as the case may require, the respective heirs, representatives, successors and assigns of City and Owner. Owner authorizes City to record this Agreement in Official Records of the Recorder's Office of the County of Los Angeles.
4. Limitation on City Liability and Indemnification.
a. Owner and City agree that City shall have no liability with respect to the Property or the Easement, whether resulting from the maintenance or failure to maintain same or otherwise, and shall not assume any responsibility for the Property or the Easement or any improvements or fixtures thereon or therein, unless and until both of the following occur:
(I) City adopts the Resolution of Acceptance; and
(2) The removal of all Encroaclunents and the construction of all Improvements have been completed to the satisfaction of the City Engineer. b. Owner agrees to continue to maintain the Property and assume all liability for the condition of the Property until both of the conditions set forth in Section 4(a) have occurred. Owner agrees to indemnify, hold harmless, protect and defend City, its Council, and each member thereof, directors, officers, agents, employees and attorneys, from all claims, causes of action, suits, damages or other liabilities occurring in, on or about the Easement and/or the Property until both of the conditions set forth in Section 4(a) have occurred. c. Upon the acceptance of the Easement and the occurrence of both conditions set forth in Section 4(a), City agrees to assume maintenance of the surface improvements within that portion of the easement area delineated by the required red curbs, as shown on Exhibit D attached hereto and incorporated herein by reference, along with any -2-
R0785-0001\3146616v6.doc
(I) City shall give a written notice to Owner, which notice shall: (i) describe the Encroachments that must be removed; (ii) direct Owner to remove them; and (iii) specify the date by which the removal must be completed, which date shall be no less than sixty (60) days after the date the notice is given.
(2) The Owner shall remove the Encroachments by the date specified in the notice.
(3) In the event Owner shall fail to remove the Encroachments by that date, or if Owner delays in the removal of the Encroachments such that the removal cannot practicably be completed by that date, City may immediately enter the Property and remove or cause the removal of the Encroachments at Owner's cost. Owner shall, immediately upon demand, reimburse City for City's actual costs incurred in removing the Encroachments. b. Construction of Improvements. To install and complete to the satisfaction of the City Engineer any improvements that the City Engineer determines are required to effectuate the purpose of the Easement.
3. Covenants Run With the Land. The covenants made in this Agreement and the Offer shall run with the land and shall burden the Property for the benefit of City. The covenants and the Offer shall inure to the benefit of, or bind, as the case may require, the respective heirs, representatives, successors and assigns of City and Owner. Owner authorizes City to record this Agreement in Official Records of the Recorder's Office of the County of Los Angeles.
4. Limitation on City Liability and Indemnification.
a. Owner and City agree that City shall have no liability with respect to the Property or the Easement, whether resulting from the maintenance or failure to maintain same or otherwise, and shall not assume any responsibility for the Property or the Easement or any improvements or fixtures thereon or therein, unless and until both of the following occur:
(I) City adopts the Resolution of Acceptance; and
(2) The removal of all Encroaclunents and the construction of all Improvements have been completed to the satisfaction of the City Engineer. b. Owner agrees to continue to maintain the Property and assume all liability for the condition of the Property until both of the conditions set forth in Section 4(a) have occurred. Owner agrees to indemnify, hold harmless, protect and defend City, its Council, and each member thereof, directors, officers, agents, employees and attorneys, from all claims, causes of action, suits, damages or other liabilities occurring in, on or about the Easement and/or the Property until both of the conditions set forth in Section 4(a) have occurred. c. Upon the acceptance of the Easement and the occurrence of both conditions set forth in Section 4(a), City agrees to assume maintenance of the surface improvements within that portion of the easement area delineated by the required red curbs, as shown on Exhibit D attached hereto and incorporated herein by reference, along with any -2-
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signage as may be required by the City. All other areas of the Easement shall be maintained by Owner.
d. Owner agrees to and shall indemnify, hold harmless, and defend, the City and its respective officers, officials, members, agents, employees, and representatives, from liability or claims for death or personal injury and claims for property damage which may arise from the acts, errors, and/or omissions of Owner or its contractors, subcontractors, agents, employees or other persons acting on its behalf in relation to the Project and/or in any manner arising from this Agreement. The foregoing indemnity applies to all deaths, injuries, and damages, and claims therefor, suffered or alleged to have been suffered by reason of the acts, errors, andlor omissions referred to in this Section, regardless of whether or not the City prepared, supplied, or approved plans or specifications, or both. In the event of litigation, the City agrees, at no cost to the City, to cooperate with Owner. This indemnification, hold harmless and defense requirement shall survive the termination or expiration of this Agreement. The City reserves the right, in cases subject to this indemnity, to reasonably approve the attorney selected by Owner to defend Owner and the City in any such action.
In the event of any court action or proceeding challenging the validity of this Agreement, any of the Project Approvals or the City's California Environmental Quality Act (CEQA) determination, Owner shall defend, at its own expense, the action or proceeding. In addition, Owner shall reimburse the City for the City'S costs in defending any court action or proceeding challenging the validity of this Agreement, any of the Project Approvals or the CEQA determination and Owner shall also pay any award of costs, expenses and fees that the court having jurisdiction over such challenge makes in favor of any challenger and against the City. Owner shall cooperate with the City in any such defense as the City may reasonably request and may not resolve such challenge without the agreement of the City. In all events, the City shall have the right to resolve any challenge in any manner, in its sole discretion, provided, however, Owner's consent shall be required if the resolution of the challenge shall require a payment by Owner or limit Owner's rights under this Agreement.
In order to ensure compliance with this Section, within twenty (20) days after notification by the City of the filing of any claim, action or proceeding to attack, set aside, void or annul this Agreement, any of the Project Approvals or CEQA determination, Owner shall deposit with the City cash or other security in the amount of fifty thousand dollars ($50,000), satisfactory in form to the City Attorney, guaranteeing indemnification or reimbursement to the City of all costs related to any action triggering the obligations of this Section. If the City is required to draw on that cash or security to indemnify or reimburse itself for such costs, Owner shall restore the deposit to its original amount within fifteen (15) days after notice from the City.
Additionally, if at any time the City Attorney determines that an additional deposit or additional security up to an additional fifty thousand dollars ($50,000.00) is necessary to secure the obligations of this section, Owner shall provide such additional security within fifteen (15) days of notice from the City Attorney.
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Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 signage as may be required by the City. All other areas of the Easement shall be maintained by Owner.
d. Owner agrees to and shall indemnify, hold harmless, and defend, the City and its respective officers, officials, members, agents, employees, and representatives, from liability or claims for death or personal injury and claims for property damage which may arise from the acts, en-ors, and/or omissions of Owner or its contractors, subcontractors, agents, employees or other persons acting on its behalf in relation to the Project and/or in any manner arising from this Agreement. The foregoing indemnity applies to all deaths, injuries, and damages, and claims therefor, suffered or alleged to have been suffered by reason of the acts, errors, and/or omissions referred to in this Section, regardless of whether or not the City prepared, supplied, or approved plans or specifications, or both. In the event of litigation, the City agrees, at no cost to the City, to cooperate with Owner. This indemnification, hold harmless and defense requirement shall survive the termination or expiration of this Agreement. The City reserves the right, in cases subject to this indemnity, to reasonably approve the attorney selected by Owner to defend Owner and the City in any such action.
In the event of any court action or proceeding challenging the validity of this Agreement, any of the Project Approvals or the City's California Environmental Quality Act (CEQA) determination, Owner shall defend, at its own expense, the action or proceeding. In addition, Owner shall reimburse the City for the City's costs in defending any court action or proceeding challenging the validity of this Agreement, any of the Project Approvals or the CEQA determination and Owner shall also pay any award of costs, expenses and fees that the court having jurisdiction over such challenge makes in favor of any challenger and against the City. Owner shall cooperate with the City in any such defense as the City may reasonably request and may not resolve such challenge without the agreement of the City. In all events, the City shall have the right to resolve any challenge in any manner, in its sole discretion, provided, however, Owner's consent shall be required if the resolution of the challenge shall require a payment by Owner or limit Owner's rights under this Agreement.
In order to ensure compliance with this Section, within twenty (20) days after notification by the City of the filing of any claim, action or proceeding to attack, set aside, void or annul this Agreement, any of the Project Approvals or CEQA determination, Owner shall deposit with the City cash or other security in the amount of fifty thousand dollars ($50,000), satisfactory in form to the City Attorney, guaranteeing indemnification or reimbursement to the City of all costs related to any action triggering the obligations of this Section. If the City is required to draw on that cash or security to indemnify or reimburse itself for such costs, Owner shall restore the deposit to its original amount within fifteen (15) days after notice from the City.
Additionally, if at any time the City Attorney determines that an additional deposit or additional security up to an additional fifty thousand dollars ($50,000.00) is necessary to secure the obligations of this section, Owner shall provide such additional security within fifteen (15) days of notice from the City Attorney.
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signage as may be required by the City. All other areas of the Easement shall be maintained by Owner.
d. Owner agrees to and shall indemnify, hold harmless, and defend, the City and its respective officers, officials, members, agents, employees, and representatives, from liability or claims for death or personal injury and claims for property damage which may arise from the acts, en-ors, and/or omissions of Owner or its contractors, subcontractors, agents, employees or other persons acting on its behalf in relation to the Project and/or in any manner arising from this Agreement. The foregoing indemnity applies to all deaths, injuries, and damages, and claims therefor, suffered or alleged to have been suffered by reason of the acts, errors, and/or omissions referred to in this Section, regardless of whether or not the City prepared, supplied, or approved plans or specifications, or both. In the event of litigation, the City agrees, at no cost to the City, to cooperate with Owner. This indemnification, hold harmless and defense requirement shall survive the termination or expiration of this Agreement. The City reserves the right, in cases subject to this indemnity, to reasonably approve the attorney selected by Owner to defend Owner and the City in any such action.
In the event of any court action or proceeding challenging the validity of this Agreement, any of the Project Approvals or the City's California Environmental Quality Act (CEQA) determination, Owner shall defend, at its own expense, the action or proceeding. In addition, Owner shall reimburse the City for the City's costs in defending any court action or proceeding challenging the validity of this Agreement, any of the Project Approvals or the CEQA determination and Owner shall also pay any award of costs, expenses and fees that the court having jurisdiction over such challenge makes in favor of any challenger and against the City. Owner shall cooperate with the City in any such defense as the City may reasonably request and may not resolve such challenge without the agreement of the City. In all events, the City shall have the right to resolve any challenge in any manner, in its sole discretion, provided, however, Owner's consent shall be required if the resolution of the challenge shall require a payment by Owner or limit Owner's rights under this Agreement.
In order to ensure compliance with this Section, within twenty (20) days after notification by the City of the filing of any claim, action or proceeding to attack, set aside, void or annul this Agreement, any of the Project Approvals or CEQA determination, Owner shall deposit with the City cash or other security in the amount of fifty thousand dollars ($50,000), satisfactory in form to the City Attorney, guaranteeing indemnification or reimbursement to the City of all costs related to any action triggering the obligations of this Section. If the City is required to draw on that cash or security to indemnify or reimburse itself for such costs, Owner shall restore the deposit to its original amount within fifteen (15) days after notice from the City.
Additionally, if at any time the City Attorney determines that an additional deposit or additional security up to an additional fifty thousand dollars ($50,000.00) is necessary to secure the obligations of this section, Owner shall provide such additional security within fifteen (15) days of notice from the City Attorney.
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5. Address for Notices. Any notices, demands or communications under this Agreement shall be given as follows:
To Owner: Loma Linda Holdings Ltd.
c/o Strikeman Elliott LLP
Attn: Richard Jackson
666 Burrard St #1700
Vancouver, BC V6c 2X8
To City: City of Beverly Hills
455 North Rexford Drive
Beverly Hills, California 90210
Attn: City Engineer
Written notices, demands and communications between City and Owner shall be sufficiently given by personal service or dispatched by first class mail, postage prepaid, return receipt requested, to the addresses set forth above. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section. Notwithstanding anything to the contrary contained herein, notice personally served shall be presumed to have been received as of the date of such service, and notices sent via mail as provided herein shall be presumed to have been received on the second business day after deposit of same in the mail.
IN WITNESS WHEREOF, Owner has executed this Agreement as of the date first written above.
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7'1 '\) ~,~'""'le-cl £iic1j·II'\,C\:;-tAf'"'t) e f l/I?"V\.-~ ~ 1A!(_t.v .\-t~~~~)- T~ ,. AS "T\(""v5.f--<-.e
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*/
--------------------------
Acknowledged and agreed [must be signed by all parties having an interest in the Property, including beneficiaries and trustees in deeds of trust, as shown by a current preliminary report furnished by the Owner]:
*/
--------------------------
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Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182
5. Address for Notices. Any notices, demands or communications under this Agreement shall be given as follows:
To Owner:
To City:
Loma Linda Holdings Ltd.
c/o Strikeman Elliott LLP
Attn: Richard Jackson
666 Burrard St # I 700
Vancouver, BC V6c 2X8
City of Beverly Hills
455 North Rexford Drive
Beverly Hills, California 90210
Attn: City Engineer
Written notices, demands and communications between City and Owner shall be sufficiently given by personal service or dispatched by first class mail, postage prepaid, return receipt requested, to the addresses set forth above. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section. Notwithstanding anything to the contrary contained herein, notice personally served shall be presumed to have been received as of the date of such service, and notices sent via mail as provided herein shall be presumed to have been received on the second business day after deposit of same in the mail.
TN WITNESS WHEREOF, Owner has executed this Agreement as of the date first written above.
]
-------------
Acknowledged and agreed [must be signed by all parties having an interest in the Property, including beneficiaries and trustees in deeds of trust, as shown by a current preliminary report furnished by the Owner]:
#f
-------------
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5. Address for Notices. Any notices, demands or communications under this Agreement shall be given as follows:
To Owner:
To City:
Loma Linda Holdings Ltd.
c/o Strikeman Elliott LLP
Attn: Richard Jackson
666 Burrard St # I 700
Vancouver, BC V6c 2X8
City of Beverly Hills
455 North Rexford Drive
Beverly Hills, California 90210
Attn: City Engineer
Written notices, demands and communications between City and Owner shall be sufficiently given by personal service or dispatched by first class mail, postage prepaid, return receipt requested, to the addresses set forth above. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section. Notwithstanding anything to the contrary contained herein, notice personally served shall be presumed to have been received as of the date of such service, and notices sent via mail as provided herein shall be presumed to have been received on the second business day after deposit of same in the mail.
TN WITNESS WHEREOF, Owner has executed this Agreement as of the date first written above.
]
-------------
Acknowledged and agreed [must be signed by all parties having an interest in the Property, including beneficiaries and trustees in deeds of trust, as shown by a current preliminary report furnished by the Owner]:
#f
-------------
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(2) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer.
Also note: each binding signature must be notarized.
Approved as to Form: Approved as to Content:
David M. Snow Daren Grilley
Assistant City Attorney Assistant Director of Public Works/City Engineer Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 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 G 17.:~h-5 before me, ? "'Sc~C->({'I~14 Notary
Public, peVsonalIy appeared }I\. \- ~ l... .•.• ~,l W.:::...4.J.,Q"" , 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 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.
J .. e •••••• A •• ~
• ,. '.. P. scorr ORNELAS
: 4 .,.,~ ~ Notary Public. Cilifornia %
~ Orange County s:
'" • Commission Ii 2521112 -
~ My Comm, Expires Miy 23. 2029
Place Notary Seal Above
Signature of Notary Public
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B0785 ·000 I \3146616v6.doc
Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 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.
ST A TE OF CALIFORNIA
COUNTY OF LOS ANGELES
on. c/22/25 before me, P agC el Notary
Public, plsonadiy appeared st..L UeA 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 behalf of which the person(s) acted, executed the instrument.
.
?
=
P.SCOTT ORNELAS
: ':.,,. Notary Public • Cilifornia • fl m range County ] Commission # 2521112
rs' uy Comm. Expires ay 23. 2029
WITNESS my hand and official seal.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Place Notary Seal Above
Signature of Notary Public
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B0785-0001\3146616v6.doc
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.
ST A TE OF CALIFORNIA
COUNTY OF LOS ANGELES
on. c/22/25 before me, P agC el Notary
Public, plsonadiy appeared st..L UeA 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 behalf of which the person(s) acted, executed the instrument.
.
?
=
P.SCOTT ORNELAS
: ':.,,. Notary Public • Cilifornia • fl m range County ] Commission # 2521112
rs' uy Comm. Expires ay 23. 2029
WITNESS my hand and official seal.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Place Notary Seal Above
Signature of Notary Public
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Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 B0785-0001\3146616v6.doc -7-
B0785-0001\3146616v6.doc
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Exhibit A
Legal Description of Easement Area
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Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 B0785-0001\3146616v6.doc
Exhibit A
Legal Description of Easement Area
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Exhibit A
Legal Description of Easement Area
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EXHIBIT "A"
LEGAL DESCRIPTION
FIRE DEPARTMENT EASEMENT
THAT PORTION OF LOT 6 OF TRACT NO. 13101, IN THE CITY OF BEVERLY HILLS,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 280 PAGES 1 THROUGH 9 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 6, SAID POINT BEING ON THE WESTERLY BOUNDARY OF LOMA LINDA DRIVE, 30 FEET WIDE AS SHOWN ON SAID TRACT NO. 13101, SAID POINT ALSO BEING THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 309.31 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 73°35'59" EAST; THENCE SOUTHWESTERLY ALONG THE EASTERLY BOUNDARY OF SAID LOT 6, THE FOLLOWING THREE (3) COURSES:
1st. SOUTHWESTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 2r31'55" AN ARC LENGTH OF 148.63 FEET TO THE BEGINNING
OF A COMPOUND CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 78.90 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 46°04'04" EAST,
2nd. SOUTHWESTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 40°06'14" AN ARC LENGTH OF 55.23 FEET,
3rd. SOUTH 05°58'00" EAST 15.36 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 12.83 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 29°26'10" WEST;
THENCE LEAVING SAID EASTERLY LINE OF LOT 6, THE FOLLOWING SIX (6) COURSES:
PAGE 1 OF3
-9-
80785-0001 \3146616v6.doc
Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 EXHIBIT A"
LEGAL DESCRIPTION
FIRE DEPARTMENT EASEMENT
THAT PORTION OF LOT 6 OF TRACT NO. 13101, IN THE CITY OF BEVERLY HILLS,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 280 PAGES 1 THROUGH 9 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT6, SAID POINT BEING ON THE WESTERLY BOUNDARY OF LOMA LINDA DRIVE, 30 FEET WIDE AS SHOWN ON SAID TRACT NO. 13101, SAID POINT ALSO BEING THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 309.31 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 7335'59" EAST; THENCE SOUTHWESTERLY ALONG THE EASTERLY BOUNDARY OF SAID LOT 6, THE FOLLOWING THREE (3) COURSES:
1st. SOUTHWESTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 2731'55" AN ARC LENGTH OF 148.63 FEET TO THE BEGINNING
OF A COMPOUND CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 78.90 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 4604'04" EAST,
2nd. SOUTHWESTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 4006'14" AN ARC LENGTH OF 55.23 FEET,
3rd. SOUTH 05'58'00" EAST 15.36 FEET TO THE BEGINNING OFA NON-TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 12.83 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 292610 WEST;
THENCE LEAVING SAID EASTERLY LINE OF LOT 6, THE FOLLOWING SIX (6) COURSES:
PAGE I OF3
-9-
B0785-0001\3146616v6.doc
EXHIBIT A"
LEGAL DESCRIPTION
FIRE DEPARTMENT EASEMENT
THAT PORTION OF LOT 6 OF TRACT NO. 13101, IN THE CITY OF BEVERLY HILLS,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 280 PAGES 1 THROUGH 9 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT6, SAID POINT BEING ON THE WESTERLY BOUNDARY OF LOMA LINDA DRIVE, 30 FEET WIDE AS SHOWN ON SAID TRACT NO. 13101, SAID POINT ALSO BEING THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 309.31 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 7335'59" EAST; THENCE SOUTHWESTERLY ALONG THE EASTERLY BOUNDARY OF SAID LOT 6, THE FOLLOWING THREE (3) COURSES:
1st. SOUTHWESTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 2731'55" AN ARC LENGTH OF 148.63 FEET TO THE BEGINNING
OF A COMPOUND CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 78.90 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 4604'04" EAST,
2nd. SOUTHWESTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 4006'14" AN ARC LENGTH OF 55.23 FEET,
3rd. SOUTH 05'58'00" EAST 15.36 FEET TO THE BEGINNING OFA NON-TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 12.83 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 292610 WEST;
THENCE LEAVING SAID EASTERLY LINE OF LOT 6, THE FOLLOWING SIX (6) COURSES:
PAGE I OF3
-9-
B0785-0001\3146616v6.doc
EXHffiIT "A"
1st. NORTHWESTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 32°14'44" AN ARC LENGTH OF 7.22 FEET TO THE BEGINNING OF
A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 15.57 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 60°32'04" EAST,
2nd. NORTHWESTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 28°34'50" AN ARC LENGTH OF 7.77 FEET,
3rd. NORTH 2r54'OO" EAST 21.09 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 39.21 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 25°24'20" WEST,
4th. SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 66°37'15" AN ARC LENGTH OF
45.59 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 78.32 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 41°36'59" EAST,
5th. NORTHEASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 04°27'05" AN ARC LENGTH OF 6.08 FEET TO THE BEGINNING OF
A COMPOUND CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 308.73 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 46°04'04" EAST, 6th. NORTHEASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 2r27'40" AN ARC LENGTH OF 147.97 FEET TO THE
NORTHWESTERLY LINE OF SAID LOT 6;
THENCE ALONG SAID NORTHWESTERLY LINE, NORTH 73°15'54" EAST 0.70 FEET TO THE POINT OF BEGINNING.
CONTAINING 462 SQUARE FEET (0.011 ACRE).
SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
PAGE 2 OF3
-10-
80785-000 I \3146616v6.doc
Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 EXHIBIT A"
1st. NORTHWESTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 32°14'44" AN ARC LENGTH OF 7.22 FEET TO THE BEGINNING OF
A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 15.57 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 6032'04" EAST,
2nd. NORTHWESTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 28°34'50" AN ARC LENGTH OF 7.77 FEET,
3rd. NORTH 2754'00" EAST 21.09 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 39.21 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 2524'20" WEST,
4th. SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 663715" AN ARC LENGTH OF
45.59 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 78.32 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 4136'59 EAST,
5th. NORTHEASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 0427'05" AN ARC LENGTH OF 6.08 FEET TO THE BEGINNING OF
A COMPOUND CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 308.73 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 4604'04" EAST, 6th. NORTHEASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 272740' AN ARC LENGTH OF 147.97 FEET TO THE
NORTHWESTERLY LINE OF SAID LOT 6;
THENCE ALONG SAID NORTHWESTERLY LINE, NORTH 7315'54" EAST 0.70 FEET TO THE POINT OF BEGINNING.
CONTAINING 462 SQUARE FEET (0.011 ACRE).
SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
PAGE2OF3
-10-
B0785-0001\3146616v6.doc
EXHIBIT A"
1st. NORTHWESTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 32°14'44" AN ARC LENGTH OF 7.22 FEET TO THE BEGINNING OF
A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 15.57 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 6032'04" EAST,
2nd. NORTHWESTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 28°34'50" AN ARC LENGTH OF 7.77 FEET,
3rd. NORTH 2754'00" EAST 21.09 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 39.21 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 2524'20" WEST,
4th. SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 663715" AN ARC LENGTH OF
45.59 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 78.32 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 4136'59 EAST,
5th. NORTHEASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 0427'05" AN ARC LENGTH OF 6.08 FEET TO THE BEGINNING OF
A COMPOUND CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 308.73 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 4604'04" EAST, 6th. NORTHEASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 272740' AN ARC LENGTH OF 147.97 FEET TO THE
NORTHWESTERLY LINE OF SAID LOT 6;
THENCE ALONG SAID NORTHWESTERLY LINE, NORTH 7315'54" EAST 0.70 FEET TO THE POINT OF BEGINNING.
CONTAINING 462 SQUARE FEET (0.011 ACRE).
SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
PAGE2OF3
-10-
B0785-0001\3146616v6.doc
EXHIBIT "A"
Date: 07-31-2025
Prepared
80785-0001 \3146616v6.doc
Michal H. Kaznocha. P.L.S. No. 8330
PAGE30F3
-11-
Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 EXHIBIT A"
oae:_0!340°
Prepared
Michal H. Keznocha, P.LS. No. 8330
PAGE 3 OF 3
-11-
B0785-0001\31 466 16v6.doc
EXHIBIT A"
Date: 07-31-2025
Prepared
Michal H. Kenocha, P.LS. No. 8330
PAGE 3 OF 3
-11-
B0785-0001\3146616v6.doc
Exhibit B
Fire Access Easement Area Detail
-12-
R0785-000 I \3146616v6.doc
Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 B0785-0001\3146616v6.doc
Exhibit B
Fire Access Easement Area Detail
-12-
B0785-0001\3146616v6.doc
Exhibit B
Fire Access Easement Area Detail
-12-
SCALE: 1 "=60' EXHIBIT"B"
FIRE DEPARTMENT EASEMENT
SHEET 1 OF3
POR. LOT 1
TRACT NO. 21145,
M.B. 614 PG. 27
PAR. 1 OF I NSf. NO.
20120765363. O.R.
(POR. LOT 6. TRACT NO.
13101. M.B. 280 PG. 1-9)
POR. LOT 8
TRACT NO. 13101,
M.B. 280 PG. 1-9
PAR. 4 OF INST. NO.
20120765363, O.R.
LEGEND:
R1: TRACT NO. 13101, M.B. 280
PG. 1-9
SEE SHEETS 2 & 3 FOR EASEMENT DETAIL R2: INST. NO. 20120765363, O.R. 80785-0001 \3146616v6.doc
-13-
Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 SCALE: 1"-60'
POR. LOT
7 OF RI
EXHIBIT"B"
FIRE DEPARTMENT EASEMENT
POR, LOT 1
TRACT NO. 21145,
M.B. 614 PG. 27
SHEET 1 OF 3
POR. LOT 8
TRACT NO. 13101,
M.B. 280 PG. 1--9
PAR. 1 OF INST. NO.
20120765363, 0.R.
(POR. LOT 6, TRACT NO.
13101, M.B. 280 PG. 1-9)
PAR. 4 OF INST. NO.
20120765363, 0.R.
LEGEND:
PAR. 3 OF
INST. NO.
20120765363,
0.R.
SEE SHEETS 2 & 3 FOR EASEMENT DETAIL
B0785-0001\3146616v6.doc
-13-
RT: TRACT NO. 13101, M.8. 280
PG. 1--9
R2: INST. NO. 20120765363, O.R.
SCALE: 1"-60'
POR. LOT
7 OF RI
EXHIBIT"B"
FIRE DEPARTMENT EASEMENT
POR, LOT 1
TRACT NO. 21145,
M.B. 614 PG. 27
SHEET 1 OF 3
POR. LOT 8
TRACT NO. 13101,
M.B. 280 PG. 1--9
PAR. 1 OF INST. NO.
20120765363, 0.R.
(POR. LOT 6, TRACT NO.
13101, M.B. 280 PG. 1-9)
PAR. 4 OF INST. NO.
20120765363, 0.R.
LEGEND:
PAR. 3 OF
INST. NO.
20120765363,
0.R.
SEE SHEETS 2 & 3 FOR EASEMENT DETAIL
B0785-0001\3146616v6.doc
-13-
RT: TRACT NO. 13101, M.8. 280
PG. 1--9
R2: INST. NO. 20120765363, O.R.
P.O.B.
THE MOST E'LY
COR. LOT 6 IN
TRACT NO.
13101, M.B.
280 PG. 1-9
S/J'J: (~--~'~'t D.) -.;:
SCALE: 1 "=20' EXHIBIT"B"
DETAIL OF FIRE DEPARTMENT EASEMENT
SHEET 2 OF 3
PAR. 1 OF INST. NO.
20120765363. O.R.
(POR. LOT 6
TRACT NO. 13101,
M.B. 280 PG. 1-9)
J<')
8 ::c
U'l
w
w
tn
DETAIL 'A'
N.T.S.
P.O.B.
THE MOST E'LY
COR. LOT 6 IN
TRACT NO.
13101, M.B.
280 PG. 1-9
-14-
B0785-000 1 \3146616v6.doc
Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 SCALE: 1"=20' EXHIBIT "B"
DETAIL OF FIRE DEPARTMENT EASEMENT
SHEET 2 OF 3
P.0.B.
THE MOST E'LY
COR. LOT 6 IN
TRACT NO.
13101, M.B.
280 PG. 1--9
P.0.B.
THE MOST E'LY
COR. LOT 6 IN
TRACT NO.
13101, M.B.
280 PG. 1--9
-$3e.
(A'RS; 9 0.J =
DETAIL 'A'
N.T.S.
SEE
DETAIL 'A'
PAR. 1 OF INST. NO.
20120765363, 0.R.
(POR. LOT 6
TRACT NO. 13101,
M.B. 280 PG. 1--9)
-14-
B0785-0001\3146616v6.doc
SCALE: 1"=20' EXHIBIT "B"
DETAIL OF FIRE DEPARTMENT EASEMENT
SHEET 2 OF 3
P.0.B.
THE MOST E'LY
COR. LOT 6 IN
TRACT NO.
13101, M.B.
280 PG. 1--9
P.0.B.
THE MOST E'LY
COR. LOT 6 IN
TRACT NO.
13101, M.B.
280 PG. 1--9
-$3e.
(A'RS; 9 0.J =
DETAIL 'A'
N.T.S.
SEE
DETAIL 'A'
PAR. 1 OF INST. NO.
20120765363, 0.R.
(POR. LOT 6
TRACT NO. 13101,
M.B. 280 PG. 1--9)
-14-
B0785-0001\3146616v6.doc
SCALE: 1 "=1 0' EXHIBIT"B"
DETAIL OF FIRE DEPARTMENT EASEMENT
SHEET30F3
PAR. 1 OF I NST. NO.
20120765363, O.R.
(POR. LOT 6
TRACT NO. 13101,
M.B. 280 PG. 1-9)
R=15.57'
~=28'34'50"
L=7.77:()o:'~
.~'J..;;;,I>..~ ~'Og" /~
YR=12.83'
~=32'14'44"
L=7.22'
PREPARED BY:
~
MICHAL H. KAZNocHA, P.L.s. 8330
DATE: 7/31/05
-15-
80785-0001 \3146616v6.doc
Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 SCALE: 1"10'
R=15.57
A=28 34'50"
u-7.7,
.s.3\6
s9(8°
R12.83'
A=32'14'44"
L=7.22'
EXHIBIT "B"
DETAIL OF FIRE DEPARTMENT EASEMENT
PAR. 1 OF INST. NO.
20120765363, O.R.
(POR. LOT 6
TRACT NO. 13101,
M.B. 280 PG. 1--9)
FIRE DEPARTMENT
EASEMENT
SHEET30F3
cN
t
L
r
U
t
0 B0785-0001\3146616v6.doc
PREPARED BY:
.S
CHAE H. KZNOCHA, P.LS. 83.Jo
omre. 7/31/05
-15-
SCALE: 1"10'
R=15.57
A=28 34'50"
u-7.7,
.s.3\6
s9(8°
R12.83'
A=32'14'44"
L=7.22'
EXHIBIT "B"
DETAIL OF FIRE DEPARTMENT EASEMENT
PAR. 1 OF INST. NO.
20120765363, O.R.
(POR. LOT 6
TRACT NO. 13101,
M.B. 280 PG. 1--9)
FIRE DEPARTMENT
EASEMENT
SHEET30F3
cN
t
L
r
U
t
0 B0785-0001\3146616v6.doc
PREPARED BY:
.S
CHAE H. KZNOCHA, P.LS. 83.Jo
omre. 7/31/05
-15-
Exhibit C
Form of Acceptance of Offer
Recording Requested by
and when recorded return to:
CITY OF BEVERLY HILLS
455 N. Rexford Drive
Beverly Hills, CA 90210
Attn: City Clerk
Exempt from recording fees pursuant to G.C. §6103
Exempt from Documentary Transfer Taxes pursuant to R & T Code § 11922
ACCEPTANCE OF DEDICATION OF EASEMENT
The CITY OF BEVERLY HILLS, a municipal corporation ("Grantee"), hereby accepts the offer (the "Offer") of dedication of easement (the "Easement") made by LOMA LINDA HOLDINGS LTD., as Trustee of the Lorna Linda Trust ("Grantor") in that certain Agreement Containing Irrevocable Offer of Dedication and Covenants Concerning Real Property (the "Agreement") by and between Grantor and Grantee dated as of , and recorded in Official Records of the Recorder's Office for the County of Los Angeles on as Instrument No.
The Easement is an easement for public street andlor alley purposes over that certain real property located in the City of Beverly Hills, County of Los Angeles, State of California, described on Exhibit A, attached hereto and incorporated herein by reference.
The Offer and this Acceptance of Dedication of Easement arises from and is made pursuant to the Agreement.
The undersigned was authorized to execute and record this Acceptance of Dedication of Easement on behalf of Grantee pursuant to resolution of the City Council of Grantee adopted on IN WITNESS WHEREOF, the undersigned has executed this instrument as of the date set forth below.
"Grantee":
CITY OF BEVERLY HILLS, a municipal corporation
By: [EXHIBIT ONLY]
City Engineer
Dated: _
-16-
80785-0001 \3146616v6.doc
Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 Exhibit C
Form of Acceptance of Offer
Recording Requested by
and when recorded return to:
CITY OF BEYERL Y HILLS
455 N. Rexford Drive
Beverly Hills, CA 902 I 0
Attn: City Clerk
Exempt from recording fees pursuant to G.C. §6103
Exempt from Documentary Transfer Taxes pursuant to R & T Code $11922
ACCEPTANCE OF DEDICATION OF EASEMENT
The CITY OF BEYERL Y HILLS, a municipal corporation ("Grantee"), hereby accepts the offer (the "Offer") of dedication of easement (the "Easement") made by LOMA LINDA HOLDINGS LTD., as Trustee of the Loma Linda Trust ("Grantor") in that certain Agreement Containing Irrevocable Offer of Dedication and Covenants Concerning Real Property (the "Agreement") by and between Grantor and Grantee dated as of ,and recorded in Official Records of the Recorder's Office for the County of Los Angeles on as Instrument No.
The Easement is an easement for public street and/or alley purposes over that certain real property located in the City of Beverly Hills, County of Los Angeles, State of California, described on Exhibit A, attached hereto and incorporated herein by reference.
The Offer and this Acceptance of Dedication of Easement arises from and is made pursuant to the Agreement.
The undersigned was authorized to execute and record this Acceptance of Dedication of Easement on behalf of Grantee pursuant to resolution of the City Couucil of Grantee adopted on IN WITNESS WHEREOF, the undersigned has executed this instrument as of the date set forth below.
Grantee":
CITY OF BEVERLY HILLS, a municipal corporation
By: [EXHIBIT ONLY]
City Engineer
Dated: _
-16-
B0785-0001\3146616v6.doc
Exhibit C
Form of Acceptance of Offer
Recording Requested by
and when recorded return to:
CITY OF BEYERL Y HILLS
455 N. Rexford Drive
Beverly Hills, CA 902 I 0
Attn: City Clerk
Exempt from recording fees pursuant to G.C. §6103
Exempt from Documentary Transfer Taxes pursuant to R & T Code $11922
ACCEPTANCE OF DEDICATION OF EASEMENT
The CITY OF BEYERL Y HILLS, a municipal corporation ("Grantee"), hereby accepts the offer (the "Offer") of dedication of easement (the "Easement") made by LOMA LINDA HOLDINGS LTD., as Trustee of the Loma Linda Trust ("Grantor") in that certain Agreement Containing Irrevocable Offer of Dedication and Covenants Concerning Real Property (the "Agreement") by and between Grantor and Grantee dated as of ,and recorded in Official Records of the Recorder's Office for the County of Los Angeles on as Instrument No.
The Easement is an easement for public street and/or alley purposes over that certain real property located in the City of Beverly Hills, County of Los Angeles, State of California, described on Exhibit A, attached hereto and incorporated herein by reference.
The Offer and this Acceptance of Dedication of Easement arises from and is made pursuant to the Agreement.
The undersigned was authorized to execute and record this Acceptance of Dedication of Easement on behalf of Grantee pursuant to resolution of the City Couucil of Grantee adopted on IN WITNESS WHEREOF, the undersigned has executed this instrument as of the date set forth below.
Grantee":
CITY OF BEVERLY HILLS, a municipal corporation
By: [EXHIBIT ONLY]
City Engineer
Dated: _
-16-
B0785-0001\3146616v6.doc
State of California }
}
County of Los Angeles }
On , before me, , a ,
personally appeared
__________ , 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 hislher/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.
WITNESS my hand and official seal.
Signature _
(Seal)
-17-
B0785-0001\3146616v6.doc
Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 State of California
County of Los Angeles }
}
}
On • ', before me, _"
personally appeared
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.
WITNESS my hand and official seal.
Signature
(Seal)
-17-
B0785-0001\3146616v6.doc
State of California
County of Los Angeles }
}
}
?be[ore me, «d
personally appeared
__________ , 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.
WITNESS my hand and official seal.
Signature
(Seal)
-17-
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__________________ , 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.
-18-
80785-0001 \3146616v6.doc
Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 State of California }
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-18-
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State of California }
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County of Los Angeles
personally
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-18-
B0785-0001\3146616v6.doc
}
ExhibitD
Maintenance Area Exhibit
-19-
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Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 B0785-0001\3146616v6.doc
Exhibit D
Maintenance Area Exhibit
-19-
B0785-0001\3146616v6.doc
Exhibit D
Maintenance Area Exhibit
-19-
FD. TURNAROUND PlAN
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-20-
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-11-
B0785-0009\3152418v1.doc
Exhibit 4
Replacement Agreement Containing Irrevocable Offer of Dedication and Covenants Concerning Real Property
1193 LOMA LINDA DRIVE
cusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 Recording Requested By and
When Recorded Return To:
City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attn: City Clerk
Free Recording per Gov't Code Sec. 6103
AGREEMENT CONTAINING
IRREVOCABLE OFFER OF DEDICATION
AND COVENANTS CONCERNING REAL PROPERTY
THIS AGREEMENT CONTAINING IRREVOCABLE OFFER OF DEDICATION AND COVENANTS CONCERNING REAL PROPERTY (this II Agreement II) is made as of _____ , 2025, by LOMA LINDA HOLDINGS LTD., as Trustee of the Lorna Linda Trust ("Ownerll), in favor of the CITY OF BEVERLY IDLLS, a municipal corporation (the II City II).
1. IRREVOCABLE OFFER OF DEDICATION. Owner hereby makes an irrevocable offer (the "Offer") to dedicate to City an easement (the "Easement") for public street and/or alley purposes over that certain real property (the "Property") known as 1193 Loma Linda Drive, City of Beverly Hills, County of Los Angeles, described on Exhibit A and shown in Exhibit B, attached hereto and incorporated herein by reference. a. Term of Offer. The term (the II Term II) of the Offer shall commence on the date of recordation hereof, which date shall be the date the Offer is deemed filed for the purposes of Beverly Hills Municipal Code Section 10-6-4, and shall expire on the date (the "Expiration Date") that the Offer is accepted or rejected by the City Council. The Offer is irrevocable by Owner until the Expiration Date.
b. Mode of Acceptance of Offer. The Offer may be accepted by City any time prior to the Expiration Date by adoption of a Resolution of the City Council of the City accepting the dedication of the Easement (the "Resolution of Acceptance"). The Resolution of Acceptance will authorize the appropriate City official to execute an instrument (the "Acceptance") accepting the Offer in substantially the form attached hereto as Exhibit C, which is incorporated herein by reference.
2. COVENANTS. Owner covenants, for themselves, their successor and assigns, as follows:
a. Removal of Encroachments. To remove, at Owner's sole cost and expense, all improvements and fixtures upon the Property which the City Engineer reasonably determines will constitute encroachments onto the Easement upon City's acceptance of the Easement (the "Encroachments"). The removal shall be performed in accordance with the following:
-1-
B0785-0001\3146630v6.doc
Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 Recording Requested By and
When Recorded Return To:
City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attn: City Clerk
Free Recording per Gov't Code Sec. 6103
AGREEMENT CONT AINlNG
IRREVOCABLE OFFER OF DEDICATION
AND COVENANTS CONCERNING REAL PROPERTY
THIS AGREEMENT CONTAINING IRREVOCABLE OFFER OF DEDICATION ,
AND COVENANTS CONCERNING REAL PROPERTY (this "Agreement") is made as of 2025, by LOMA LINDA HOLDINGS LTD., as Trustee of the Loma Linda Trust ("Owner"), in favor of the CITY OF BEYERL Y HILLS, a municipal corporation (the "City").
I. IRREVOCABLE OFFER OF DEDICATION. Owner hereby makes an irrevocable offer (the "Offer") to dedicate to City an easement (the "Easement") for public street and/or alley purposes over that certain real property (the "Property") known as 1193 Loma Linda Drive, City of Beverly Hills, County of Los Angeles, described on Exhibit A and shown in Exhibit B, attached hereto and incorporated herein by reference. a. Term of Offer. The term (the "Term") of the Offer shall commence on the date of recordation hereof, which date shall be the date the Offer is deemed filed for the purposes of Beverly Hills Municipal Code Section 10-6-4, and shall expire on the date (the "Expiration Date") that the Offer is accepted or rejected by the City Council. The Offer is irrevocable by Owner until the Expiration Date.
b. Mode of Acceptance of Offer. The Offer may be accepted by City any time prior to the Expiration Date by adoption of a Resolution of the City Council of the City accepting the dedication of the Easement (the "Resolution of Acceptance"). The Resolution of Acceptance will authorize the appropriate City official to execute an instrument (the "Acceptance") accepting the Offer in substantially the form attached hereto as Exhibit C, which is incorporated herein by reference.
2. COVENANTS. Owner covenants, for themselves, their successor and assigns, as follows:
a. Removal of Encroachments. To remove, at Owner's sole cost and expense, all improvements and fixtures upon the Property which the City Engineer reasonably determines will constitute encroachments onto the Easement upon City's acceptance of the Easement (the "Encroachments"). The removal shall be performed in accordance with the following:
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B0785.-0001\3146630v6.doc
Recording Requested By and
When Recorded Return To:
City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attn: City Clerk
Free Recording per Gov't Code Sec. 6103
AGREEMENT CONT AINlNG
IRREVOCABLE OFFER OF DEDICATION
AND COVENANTS CONCERNING REAL PROPERTY
THIS AGREEMENT CONTAINING IRREVOCABLE OFFER OF DEDICATION ,
AND COVENANTS CONCERNING REAL PROPERTY (this "Agreement") is made as of 2025, by LOMA LINDA HOLDINGS LTD., as Trustee of the Loma Linda Trust ("Owner"), in favor of the CITY OF BEYERL Y HILLS, a municipal corporation (the "City").
I. IRREVOCABLE OFFER OF DEDICATION. Owner hereby makes an irrevocable offer (the "Offer") to dedicate to City an easement (the "Easement") for public street and/or alley purposes over that certain real property (the "Property") known as 1193 Loma Linda Drive, City of Beverly Hills, County of Los Angeles, described on Exhibit A and shown in Exhibit B, attached hereto and incorporated herein by reference. a. Term of Offer. The term (the "Term") of the Offer shall commence on the date of recordation hereof, which date shall be the date the Offer is deemed filed for the purposes of Beverly Hills Municipal Code Section 10-6-4, and shall expire on the date (the "Expiration Date") that the Offer is accepted or rejected by the City Council. The Offer is irrevocable by Owner until the Expiration Date.
b. Mode of Acceptance of Offer. The Offer may be accepted by City any time prior to the Expiration Date by adoption of a Resolution of the City Council of the City accepting the dedication of the Easement (the "Resolution of Acceptance"). The Resolution of Acceptance will authorize the appropriate City official to execute an instrument (the "Acceptance") accepting the Offer in substantially the form attached hereto as Exhibit C, which is incorporated herein by reference.
2. COVENANTS. Owner covenants, for themselves, their successor and assigns, as follows:
a. Removal of Encroachments. To remove, at Owner's sole cost and expense, all improvements and fixtures upon the Property which the City Engineer reasonably determines will constitute encroachments onto the Easement upon City's acceptance of the Easement (the "Encroachments"). The removal shall be performed in accordance with the following:
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(1) City shall give a written notice to Owner, which notice shall: (i) describe the Encroachments that must be removed; (ii) direct Owner to remove them; and (iii) specify the date by which the removal must be completed, which date shall be no less than sixty (60) days after the date the notice is given.
(2) The Owner shall remove the Encroachments by the date specified in the notice.
(3) In the event Owner shall fail to remove the Encroachments by that date, or if Owner delays in the removal of the Encroachments such that the removal cannot practicably be completed by that date, City may immediately enter the Property and remove or cause the removal of the Encroachments at Owner's cost. Owner shall, immediately upon demand, reimburse City for City's actual costs incurred in removing the Encroachments. b. Construction of Improvements. To install and complete to the satisfaction of the City Engineer any improvements that the City Engineer determines are required to effectuate the purpose of the Easement.
3. Covenants Run With the Land. The covenants made in this Agreement and the Offer shall run with the land and shall burden the Property for the benefit of City. The covenants and the Offer shall inure to the benefit of, or bind, as the case may require, the respective heirs, representatives, successors and assigns of City and Owner. Owner authorizes City to record this Agreement in Official Records of the Recorder's Office of the County of Los Angeles.
4. Limitation on City Liability and Indemnification.
a. Owner and City agree that City shall have no liability with respect to the Property or the Easement, whether resulting from the maintenance or failure to maintain same or otherwise, and shall not assume any responsibility for the Property or the Easement or any improvements or fixtures thereon or therein, unless and until both of the following occur:
(1) City adopts the Resolution of Acceptance; and
(2) The removal of all Encroachments and the construction of all Improvements have been completed to the satisfaction of the City Engineer. b. Owner agrees to continue to maintain the Property and assume all liability for the condition of the Property until both of the conditions set forth in Section 4(a) have occurred. Owner agrees to indemnify, hold harmless, protect and defend City, its Council, and each member thereof, directors, officers, agents, employees and attorneys, from all claims, causes of action, suits, damages or other liabilities occurring in, on or about the Easement andlor the Property until both of the conditions set forth in Section 4(a) have occurred. c. Upon the acceptance of the Easement and the occurrence of both conditions set forth in Section 4(a), City agrees to assume maintenance of the surface improvements within that portion of the easement area delineated by the required red curbs, as shown on Exhibit D attached hereto and incorporated herein by reference, along with any -2-
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Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 (I) City shall give a written notice to Owner, which notice shall: (i) describe the Encroachments that must be removed; (ii) direct Owner to remove them; and (iii) specify the date by which the removal must be completed, which date shall be no less than sixty (60) days after the date the notice is given.
(2) The Owner shall remove the Encroachments by the date specified in the notice.
(3) In the event Owner shall fail to remove the Encroachments by that date, or if Owner delays in the removal of the Encroachments such that the removal cannot practicably be completed by that date, City may immediately enter the Property and remove or cause the removal of the Encroachments at Owner's cost. Owner shall, immediately upon demand, reimburse City for City's actual costs incurred in removing the Encroachments. b. Construction of Improvements. To install and complete to the satisfaction of the City Engineer any improvements that the City Engineer determines are required to effectuate the purpose of the Easement.
3. Covenants Run With the Land. The covenants made in this Agreement and the Offer shall run with the land and shall burden the Property for the benefit of City. The covenants and the Offer shall inure to the benefit of, or bind, as the case may require, the respective heirs, representatives, successors and assigns of City and Owner. Owner authorizes City to record this Agreement in Official Records of the Recorder's Office of the County of Los Angeles.
4. Limitation on City Liability and Indemnification.
a. Owner and City agree that City shall have no liability with respect to the Property or the Easement, whether resulting from the maintenance or failure to maintain same or otherwise, and shall not assume any responsibility for the Property or the Easement or any improvements or fixtures thereon or therein, unless and until both of the following occur:
(1) City adopts the Resolution of Acceptance; and
(2) The removal of all Encroachments and the construction of all Improvements have been completed to the satisfaction of the City Engineer. b. Owner agrees to continue to maintain the Property and assume all liability for the condition of the Property until both of the conditions set forth in Section 4(a) have occurred. Owner agrees to indemnify, hold harmless, protect and defend City, its Council, and each member thereof, directors, officers, agents, employees and attorneys, from all claims, causes of action, suits, damages or other liabilities occurring in, on or about the Easement and/or the Property until both of the conditions set forth in Section 4(a) have occurred. c. Upon the acceptance of the Easement and the occurrence of both conditions set forth in Section 4(a), City agrees to assume maintenance of the surface improvements within that portion of the easement area delineated by the required red curbs, as shown on Exhibit D attached hereto and incorporated herein by reference, along with any -2-
B0785-0001\3146630v6.doc
(I) City shall give a written notice to Owner, which notice shall: (i) describe the Encroachments that must be removed; (ii) direct Owner to remove them; and (iii) specify the date by which the removal must be completed, which date shall be no less than sixty (60) days after the date the notice is given.
(2) The Owner shall remove the Encroachments by the date specified in the notice.
(3) In the event Owner shall fail to remove the Encroachments by that date, or if Owner delays in the removal of the Encroachments such that the removal cannot practicably be completed by that date, City may immediately enter the Property and remove or cause the removal of the Encroachments at Owner's cost. Owner shall, immediately upon demand, reimburse City for City's actual costs incurred in removing the Encroachments. b. Construction of Improvements. To install and complete to the satisfaction of the City Engineer any improvements that the City Engineer determines are required to effectuate the purpose of the Easement.
3. Covenants Run With the Land. The covenants made in this Agreement and the Offer shall run with the land and shall burden the Property for the benefit of City. The covenants and the Offer shall inure to the benefit of, or bind, as the case may require, the respective heirs, representatives, successors and assigns of City and Owner. Owner authorizes City to record this Agreement in Official Records of the Recorder's Office of the County of Los Angeles.
4. Limitation on City Liability and Indemnification.
a. Owner and City agree that City shall have no liability with respect to the Property or the Easement, whether resulting from the maintenance or failure to maintain same or otherwise, and shall not assume any responsibility for the Property or the Easement or any improvements or fixtures thereon or therein, unless and until both of the following occur:
(1) City adopts the Resolution of Acceptance; and
(2) The removal of all Encroachments and the construction of all Improvements have been completed to the satisfaction of the City Engineer. b. Owner agrees to continue to maintain the Property and assume all liability for the condition of the Property until both of the conditions set forth in Section 4(a) have occurred. Owner agrees to indemnify, hold harmless, protect and defend City, its Council, and each member thereof, directors, officers, agents, employees and attorneys, from all claims, causes of action, suits, damages or other liabilities occurring in, on or about the Easement and/or the Property until both of the conditions set forth in Section 4(a) have occurred. c. Upon the acceptance of the Easement and the occurrence of both conditions set forth in Section 4(a), City agrees to assume maintenance of the surface improvements within that portion of the easement area delineated by the required red curbs, as shown on Exhibit D attached hereto and incorporated herein by reference, along with any -2-
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signage as may be required by the City. All other areas of the Easement shall be maintained by Owner.
d. Owner agrees to and shall indemnify, hold harmless, and defend, the City and its respective officers, officials, members, agents, employees, and representatives, from liability or claims for death or personal injury and claims for property damage which may arise from the acts, errors, and/or omissions of Owner or its contractors, subcontractors, agents, employees or other persons acting on its behalf in relation to the Project and/or in any manner arising from this Agreement. The foregoing indemnity applies to all deaths, injuries, and damages, and claims therefor, suffered or alleged to have been suffered by reason of the acts, errors, andlor omissions referred to in this Section, regardless of whether or not the City prepared, supplied, or approved plans or specifications, or both. In the event of litigation, the City agrees, at no cost to the City, to cooperate with Owner. This indemnification, hold harmless and defense requirement shall survive the termination or expiration of this Agreement. The City reserves the right, in cases subject to this indemnity, to reasonably approve the attorney selected by Owner to defend Owner and the City in any such action.
In the event of any court action or proceeding challenging the validity of this Agreement, any of the Project Approvals or the City'S California Environmental Quality Act (CEQA) determination, Owner shall defend, at its own expense, the action or proceeding. In addition, Owner shall reimburse the City for the City'S costs in defending any court action or proceeding challenging the validity of this Agreement, any of the Project Approvals or the CEQA determination and Owner shall also pay any award of costs, expenses and fees that the court having jurisdiction over such challenge makes in favor of any challenger and against the City. Owner shall cooperate with the City in any such defense as the City may reasonably request and may not resolve such challenge without the agreement of the City. In all events, the City shall have the right to resolve any challenge in any manner, in its sole discretion, provided, however, Owner's consent shall be required if the resolution of'the challenge shall require a payment by Owner or limit Owner's rights under this Agreement.
In order to ensure compliance with this Section, within twenty (20) days after notification by the City of the filing of any claim, action or proceeding to attack, set aside, void or annul this Agreement, any of the Project Approvals or CEQA determination, Owner shall deposit with the City cash or other security in the amount of fifty thousand dollars ($50,000), satisfactory in form to the City Attorney, guaranteeing indemnification or reimbursement to the City of all costs related to any action triggering the obligations of this Section. If the City is required to draw on that cash or security to indemnify or reimburse itself for such costs, Owner shall restore the deposit to its original amount within fifteen (15) days after notice from the City.
Additionally, if at any time the City Attorney determines that an additional deposit or additional security up to an additional fifty thousand dollars ($50,000.00) is necessary to secure the obligations of this section, Owner shall provide such additional security within fifteen (15) days of notice from the City Attorney.
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Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 signage as may be required by the City. All other areas of the Easement shall be maintained by Owner.
d. Owner agrees to and shall indemnify, hold harmless, and defend, the City and its respective officers, officials, members, agents, employees, and representatives, from liability or claims for death or personal injury and claims for property damage which may arise from the acts, errors, and/or omissions of Owner or its contractors, subcontractors, agents, employees or other persons acting on its behalf in relation to the Project and/or in any manner arising from this Agreement. The foregoing indemnity applies to all deaths, injuries, and damages, and claims therefor, suffered or alleged to have been suffered by reason of the acts, errors, and/or omissions referred to in this Section, regardless of whether or not the City prepared, supplied, or approved plans or specifications, or both. In the event of litigation, the City agrees, at no cost to the City, to cooperate with Owner. This indemnification, hold harmless and defense requirement shall survive the termination or expiration of this Agreement. The City reserves the right, in cases subject to this indemnity, to reasonably approve the attorney selected by Owner to defend Owner and the City in any such action.
In the event of any court action or proceeding challenging the validity of this Agreement, any of the Project Approvals or the City's California Environmental Quality Act (CEQA) determination, Owner shall defend, at its own expense, the action or proceeding. In addition, Owner shall reimburse the City for the City's costs in defending any court action or proceeding challenging the validity of this Agreement, any of the Project Approvals or the CEQA determination and Owner shall also pay any award of costs, expenses and fees that the court having jurisdiction over such challenge makes in favor of any challenger and against the City. Owner shall cooperate with the City in any such defense as the City may reasonably request and may not resolve such challenge without the agreement of the City. In all events, the City shall have the right to resolve any challenge in any manner, in its sole discretion, provided, however, Owner's consent shall be required if the resolution of the challenge shall require a payment by Owner or limit Owner's rights under this Agreement.
In order to ensure compliance with this Section, within twenty (20) days after notification by the City of the filing of any claim, action or proceeding to attack, set aside, void or annul this Agreement, any of the Project Approvals or CEQA determination, Owner shall deposit with the City cash or other security in the amount of fifty thousand dollars ($50,000), satisfactory in form to the City Attorney, guaranteeing indemnification or reimbursement to the City of all costs related to any action triggering the obligations of this Section. If the City is required to draw on that cash or security to indemnify or reimburse itself for such costs, Owner shall restore the deposit to its original amount within fifteen (15) days after notice from the City.
Additionally, if at any time the City Attorney determines that an additional deposit or additional security up to an additional fifty thousand dollars ($50,000.00) is necessary to secure the obligations of this section, Owner shall provide such additional security within fifteen (15) days of notice from the City Attorney.
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signage as may be required by the City. All other areas of the Easement shall be maintained by Owner.
d. Owner agrees to and shall indemnify, hold harmless, and defend, the City and its respective officers, officials, members, agents, employees, and representatives, from liability or claims for death or personal injury and claims for property damage which may arise from the acts, errors, and/or omissions of Owner or its contractors, subcontractors, agents, employees or other persons acting on its behalf in relation to the Project and/or in any manner arising from this Agreement. The foregoing indemnity applies to all deaths, injuries, and damages, and claims therefor, suffered or alleged to have been suffered by reason of the acts, errors, and/or omissions referred to in this Section, regardless of whether or not the City prepared, supplied, or approved plans or specifications, or both. In the event of litigation, the City agrees, at no cost to the City, to cooperate with Owner. This indemnification, hold harmless and defense requirement shall survive the termination or expiration of this Agreement. The City reserves the right, in cases subject to this indemnity, to reasonably approve the attorney selected by Owner to defend Owner and the City in any such action.
In the event of any court action or proceeding challenging the validity of this Agreement, any of the Project Approvals or the City's California Environmental Quality Act (CEQA) determination, Owner shall defend, at its own expense, the action or proceeding. In addition, Owner shall reimburse the City for the City's costs in defending any court action or proceeding challenging the validity of this Agreement, any of the Project Approvals or the CEQA determination and Owner shall also pay any award of costs, expenses and fees that the court having jurisdiction over such challenge makes in favor of any challenger and against the City. Owner shall cooperate with the City in any such defense as the City may reasonably request and may not resolve such challenge without the agreement of the City. In all events, the City shall have the right to resolve any challenge in any manner, in its sole discretion, provided, however, Owner's consent shall be required if the resolution of the challenge shall require a payment by Owner or limit Owner's rights under this Agreement.
In order to ensure compliance with this Section, within twenty (20) days after notification by the City of the filing of any claim, action or proceeding to attack, set aside, void or annul this Agreement, any of the Project Approvals or CEQA determination, Owner shall deposit with the City cash or other security in the amount of fifty thousand dollars ($50,000), satisfactory in form to the City Attorney, guaranteeing indemnification or reimbursement to the City of all costs related to any action triggering the obligations of this Section. If the City is required to draw on that cash or security to indemnify or reimburse itself for such costs, Owner shall restore the deposit to its original amount within fifteen (15) days after notice from the City.
Additionally, if at any time the City Attorney determines that an additional deposit or additional security up to an additional fifty thousand dollars ($50,000.00) is necessary to secure the obligations of this section, Owner shall provide such additional security within fifteen (15) days of notice from the City Attorney.
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5. Address for Notices. Any notices, demands or communications under this Agreement shall be given as follows:
To Owner: Lorna Linda Holdings Ltd.
c/o Strikeman Elliott LLP
Attn: Richard Jackson
666 Burrard St #1700
Vancouver, BC V6c 2X8
To City: City of Beverly Hills
455 North Rexford Drive
Beverly Hills, California 90210
Attn: City Engineer
Written notices, demands and communications between City and Owner shall be sufficiently given by personal service or dispatched by first class mail, postage prepaid, return receipt requested, to the addresses set forth above. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section. Notwithstanding anything to the contrary contained herein, notice personally served shall be presumed to have been received as of the date of such service, and notices sent via mail as provided herein shall be presumed to have been received on the second business day after deposit of same in the mail.
IN WITNESS WHEREOF, Owner has executed this Agreement as of the date first written above.
Acknowledged and agreed [must be signed by all parties having an interest in the Property, including beneficiaries and trustees in deeds of trust, as shown by a current preliminary report furnished by the Owner]:
*/
--------------------------
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B07S5-0001 \3146630v6.doc
Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182
5. Address for Notices. Any notices, demands or communications under this Agreement shall be given as follows:
To Owner:
To City:
Loma Linda Holdings Ltd.
c/ o Strikeman Elliott LLP
Attn: Richard Jackson
666 Burrard St# 1700
Vancouver, BC V6c 2X8
City of Beverly Hills
455 North Rexford Drive
Beverly Hills, California 90210
Attn: City Engineer
Written notices, demands and communications between City and Owner shall be sufficiently given by personal service or dispatched by first class mail, postage prepaid, return receipt requested, to the addresses set forth above. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section. Notwithstanding anything to the contrary contained herein, notice personally served shall be presumed to have been received as of the date of such service, and notices sent via mail as provided herein shall be presumed to have been received on the second business day after deposit of same in the mail.
IN WITNESS WHEREOF, Owner has executed this Agreement as of the date first written above.
*! _
Acknowledged and agreed [must be signed by all parties having an interest in the Property, including beneficiaries and trustees in deeds of trust, as shown by a current preliminary report furnished by the Owner]:
*! _
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5. Address for Notices. Any notices, demands or communications under this Agreement shall be given as follows:
To Owner:
To City:
Loma Linda Holdings Ltd.
c/ o Strikeman Elliott LLP
Attn: Richard Jackson
666 Burrard St# 1700
Vancouver, BC V6c 2X8
City of Beverly Hills
455 North Rexford Drive
Beverly Hills, California 90210
Attn: City Engineer
Written notices, demands and communications between City and Owner shall be sufficiently given by personal service or dispatched by first class mail, postage prepaid, return receipt requested, to the addresses set forth above. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section. Notwithstanding anything to the contrary contained herein, notice personally served shall be presumed to have been received as of the date of such service, and notices sent via mail as provided herein shall be presumed to have been received on the second business day after deposit of same in the mail.
IN WITNESS WHEREOF, Owner has executed this Agreement as of the date first written above.
*! _
Acknowledged and agreed [must be signed by all parties having an interest in the Property, including beneficiaries and trustees in deeds of trust, as shown by a current preliminary report furnished by the Owner]:
*! _
-4-
B0785-0001\3146630v6.doc
-5-
B0785-0001\3146630v6.doc
(2) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer.
Also note: each binding signature must be notarized.
Approved as to Form: Approved as to Content:
David M. Snow Daren Grilley
Assistant City Attorney Assistant Director of Public Works/City Engineer Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 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 q/7.-' /7.-5 before me, p, ::::'C2.o-t\- 0(" ('\Ll..:J Notary Public, per~onally appeared kl;-c\....~.._l Wo..J.Jt.~ , 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 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.
Place Notary Seal Above
Signature of Notary Public
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B0785 -000 1 \3146630v6.doc
Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 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./2/25 before me, ? Sauk Cc«le» Notary
Public, personally appeared k-Aue,ck\eL Laa,, ,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 behalf of which the person(s) acted, executed the instrument.
Place Notary Seal Above
c o s c a a c a a a o a
•. '' �. SCOTT OliNEW f
' Notary Public • California
" orange county z
Commission# 2521112
gr My Comm, Expires May 23, 2029
WITNESS my hand and official seal.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Signature of Notary Public
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B0785-0001\3146630v6.doc
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./2/25 before me, ? Sauk Cc«le» Notary
Public, personally appeared k-Aue,ck\eL Laa,, ,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 behalf of which the person(s) acted, executed the instrument.
Place Notary Seal Above
c o s c a a c a a a o a
•. '' �. SCOTT OliNEW f
' Notary Public • California
" orange county z
Commission# 2521112
gr My Comm, Expires May 23, 2029
WITNESS my hand and official seal.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Signature of Notary Public
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B0785-0001\3146630v6.doc
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80785-0001 \3146630v6.doc
Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 B0785-0001\3146630v6.doc -7-
B0
7 8
5-0001\3
14663
0 v6.
doc
-
7-
B0785-000 1 \3146630v6.doc
Exhibit A
Legal Description of Easement Area
-8-
Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 B0785-0001\3146630v6.doc
Exhibit A
Legal Description of Easement Area
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Exhibit A
Legal Description of Easement Area
-8-
EXHIBIT "A"
LEGAL DESCRIPTION
FIRE DEPARTMENT EASEMENT
THAT PORTION OF LOT 5 OF TRACT NO. 13101, IN THE CITY OF BEVERLY HILLS,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 280 PAGES 1 THROUGH 9 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY CORNER OF SAID LOT 5, SAID POINT BEING ON THE SOUTHERLY TERMINUS OF LOMA LINDA DRIVE; THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT 5, THE FOLLOWING THREE (3) COURSES:
1st. NORTH 69°38'00" EAST 14.61 FEET TO THE TRUE POINT OF BEGINNING, 2nd. NORTH 69°38'00" EAST 5.39 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 20.98 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 69°38'00" WEST,
3rd. NORTHERLY AND NORTHEASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 55°05'15" AN ARC LENGTH OF 20.17 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 4.42 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 67°14'34" WEST;
THENCE LEAVING SAID NORTHWESTERLY LINE OF LOT 5, THE FOLLOWING FOUR (4) COURSES:
1st. SOUTHEASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 39°22'01" AN ARC LENGTH OF 3.03 FEET,
2nd. SOUTH 62°07'27" EAST 8.56 FEET,
3rd. SOUTH 2r53'31" WEST 21.17 FEET.
PAGEIOF2
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Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 EXHIBIT A"
LEGAL DESCRIPTION
FIRE DEPARTMENT EASEMENT
THAT PORTION OF LOT 5 OF TRACT NO. 13101, IN THE CITY OF BEVERLY HILLS,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 280 PAGES 1 THROUGH 9 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY CORNER OF SAID LOT 5, SAID POINT BEING ON THE SOUTHERLY TERMINUS OF LOMA LINDA DRIVE; THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT 5, THE FOLLOWING THREE (3) COURSES:
1st. NORTH 6938'00" EAST 14.61 FEET TO THE TRUE POINT OF BEGINNING, 2nd. NORTH 6938'00" EAST 5.39 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 20.98 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 6938'00" WEST,
3rd. NORTHERLY AND NORTHEASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 5505'15 AN ARC LENGTH OF 20.17 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 4.42 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 67°14'34" WEST;
THENCE LEAVING SAID NORTHWESTERLY LINE OF LOT 5, THE FOLLOWING FOUR (4) COURSES:
1st. SOUTHEASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 3922'01" AN ARC LENGTH OF 3.03 FEET,
2nd. SOUTH 620727" EAST 8.56 FEET,
3rd. SOUTH 2753'31" WEST 21.17 FEET,
PAGE I OF 2
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EXHIBIT A"
LEGAL DESCRIPTION
FIRE DEPARTMENT EASEMENT
THAT PORTION OF LOT 5 OF TRACT NO. 13101, IN THE CITY OF BEVERLY HILLS,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 280 PAGES 1 THROUGH 9 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY CORNER OF SAID LOT 5, SAID POINT BEING ON THE SOUTHERLY TERMINUS OF LOMA LINDA DRIVE; THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT 5, THE FOLLOWING THREE (3) COURSES:
1st. NORTH 6938'00" EAST 14.61 FEET TO THE TRUE POINT OF BEGINNING, 2nd. NORTH 6938'00" EAST 5.39 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 20.98 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 6938'00" WEST,
3rd. NORTHERLY AND NORTHEASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 5505'15 AN ARC LENGTH OF 20.17 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 4.42 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 67°14'34" WEST;
THENCE LEAVING SAID NORTHWESTERLY LINE OF LOT 5, THE FOLLOWING FOUR (4) COURSES:
1st. SOUTHEASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 3922'01" AN ARC LENGTH OF 3.03 FEET,
2nd. SOUTH 620727" EAST 8.56 FEET,
3rd. SOUTH 2753'31" WEST 21.17 FEET,
PAGE I OF 2
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EXHIBIT "A"
4th. NORTH 62°04'55" WEST 8.09 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 190 SQUARE FEET.
SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
Date: _o_8_-o_1_-2_0_25 _
Prepared
Michal H. Kaznocha. P.L.S. No. 8330
PAGE 2 OF2
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Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 EXHIBIT"A"
4th. NORTH 6204'55" WEST 8.09 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 190 SQUARE FEET.
SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
Date: 08-01-2025
Prepared
Michal H. Kaznocha, P.L.S. No. 8330
PAGE 2 OF 2
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EXHIBIT"A"
4th. NORTH 6204'55" WEST 8.09 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 190 SQUARE FEET.
SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
Date: 08-01-2025
Prepared
Michal H. Kaznocha, P.L.S. No. 8330
PAGE 2 OF 2
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Exhibit B
Fire Access Easement Area Detail
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Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 B0785-0001\3146630v6.doc
Exhibit B
Fire Access Easement Area Detail
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Exhibit B
Fire Access Easement Area Detail
-11-
SCALE: 1 "=30' EXHIBIT"B"
FIRE DEPARTMENT EASEMENT
SHEET 1 OF 2
PAR. 1 OF INST. NO.
20120765363, O.R.
PAR. 3 OF INST. NO.
20120765363, O.R.
(POR. LOT 5 TRACT NO.
13101. M.B. 280 PG. 1-9)
PAR. 4 OF INST. NO.
20120765363, O.R.
POR. LOT 5
TRACT NO. 13101.
M.B. 280 PG. 1-9
SEE SHEEr 2 FOR EASEMENT DErAIL
B0785·0001 \3146630v6.doc
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Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 SCALE: 1"=30' EXHIBIT "B"
FIRE DEPARTMENT EASEMENT
SHEET 1 OF 2
PAR. 1 OF INST. NO.
20120765363, O.R.
PAR. 3 OF INST. NO.
20120765363, 0.R.
(POR. LOT 5 TRACT NO.
13101, M.B. 280 PG. 1--9)
FIRE DEPARTMENT
EASEMENT
PAR. 4 OF INST. NO.
20120765363, 0.R.
POR. LOT 5
TRACT NO. 13101,
M.B. 280 PG. 1--9
SEE SHEET 2 FOR EASEMENT DETAIL
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SCALE: 1"=30' EXHIBIT "B"
FIRE DEPARTMENT EASEMENT
SHEET 1 OF 2
PAR. 1 OF INST. NO.
20120765363, O.R.
PAR. 3 OF INST. NO.
20120765363, 0.R.
(POR. LOT 5 TRACT NO.
13101, M.B. 280 PG. 1--9)
FIRE DEPARTMENT
EASEMENT
PAR. 4 OF INST. NO.
20120765363, 0.R.
POR. LOT 5
TRACT NO. 13101,
M.B. 280 PG. 1--9
SEE SHEET 2 FOR EASEMENT DETAIL
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SCALE: 1 "=1 0' EXHIBIT IIBII
DETAIL OF FIRE DEPARTMENT EASEMENT
SHEET20F2
P.O.C.
THE MOST W'LY COR. LOT
5 IN TRACT NO. 13101,
M.B. 280 PG. 1-9
PAR. 3 OF INSf. NO.
20120765363, O.R.
(POR. LOT 5 TRACT NO.
13101. M.B. 280 PG. 1-9)
PAR. 4 OF INSf. NO.
20120765363, O.R.
PREPARED BY:
~
MICHAL H. KAZNOCHA. P.L.S. 8330
DAiE: 8/1/2025
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Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 SCALE: 110' EXHIBIT "B"
DETAIL OF FIRE DEPARTMENT EASEMENT
SHEET 2 OF 2
P.O.C.
THE MOST W'LY COR. LOT
5 IN TRACT NO. 13101,
M.B. 280 PG. 1--9
PAR. 4 OF INST. NO.
20120765363, O.R.
4=1214'43"
L4.48'
A=3922'01"
R=4.42'
L=3.03'
PAR. 3 OF INST. NO.
20120765363, O.R.
(POR. LOT 5 TRACT NO.
13101, M.B. 280 PG. 1--9)
PREP
S
ARED BY:
MICHAL H. KTZNOCTA, B.LS. 833
DAE. 3/1/2025
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SCALE: 110' EXHIBIT "B"
DETAIL OF FIRE DEPARTMENT EASEMENT
SHEET 2 OF 2
P.O.C.
THE MOST W'LY COR. LOT
5 IN TRACT NO. 13101,
M.B. 280 PG. 1--9
PAR. 4 OF INST. NO.
20120765363, O.R.
4=1214'43"
L4.48'
A=3922'01"
R=4.42'
L=3.03'
PAR. 3 OF INST. NO.
20120765363, O.R.
(POR. LOT 5 TRACT NO.
13101, M.B. 280 PG. 1--9)
PREP
S
ARED BY:
MICHAL H. KTZNOCTA, B.LS. 833
DAE. 3/1/2025
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B0785-0001\3146630v6.doc
Exhibit C
Form of Acceptance of Offer
Recording Requested by
and when recorded return to:
CITY OF BEVERLY HILLS
455 N. Rexford Drive
Beverly Hills, CA 90210
Attn: City Clerk
Exempt from recording fees pursuant to G.C. §6103
Exempt from Documentary Transfer Taxes pursuant to R & T Code § 11922
ACCEPTANCE OF DEDICATION OF EASEMENT
The CITY OF BEVERLY HILLS, a municipal corporation ("Grantee"), hereby accepts the offer (the "Offer") of dedication of easement (the "Easement") made by LOMA LINDA HOLDINGS LTD., as Trustee of the Loma Linda Trust ("Grantor") in that certain Agreement Containing Irrevocable Offer of Dedication and Covenants Concerning Real Property (the "Agreement") by and between Grantor and Grantee dated as of , and recorded in Official Records of the Recorder's Office for the County of Los Angeles on as Instrument No.
The Easement is an easement for public street andlor alley purposes over that certain real property located in the City of Beverly Hills, County of Los Angeles, State of California, described on Exhibit A, attached hereto and incorporated herein by reference.
The Offer and this Acceptance of Dedication of Easement arises from and is made pursuant to the Agreement.
The undersigned was authorized to execute and record this Acceptance of Dedication of Easement on behalf of Grantee pursuant to resolution of the City Council of Grantee adopted on IN WITNESS WHEREOF, the undersigned has executed this instrument as of the date set forth below.
"Grantee" :
CITY OF BEVERLY HILLS, a municipal corporation
By: [EXHIBIT ONL YJ
City Engineer
Dated: _
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80785-0001 \3146630v6.doc
Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 Exhibit C
Form of Acceptance of Offer
Recording Requested by
and when recorded return to:
CITY OF BEYERL Y HILLS
455 N. Rexford Drive
Beverly Hills, CA 90210
Attn: City Clerk
Exempt from recording fees pursuant to G.C. $6103
Exempt from Documentary Transfer Taxes pursuant to R& T Code $11922
ACCEPTANCE OF DEDICATION OF EASEMENT
The CITY OF BEYERL Y HILLS, a municipal corporation ("Grantee"), hereby accepts the offer (the "Offer") of dedication of easement (the "Easement") made by LOMA LINDA HOLDINGS LTD., as Trustee of the Loma Linda Trust ("Grantor") in that certain Agreement Containing Irrevocable Offer of Dedication and Covenants Concerning Real Property (the "Agreement") by and between Granter and Grantee dated as of _,and recorded in Official Records of the Recorder's Office for the Connty of Los Angeles on as Instrument No.
The Easement is an easement for public street and/or alley purposes over that certain real property located in the City of Beverly Hills, County of Los Angeles, State of California, described on Exhibit A, attached hereto and incorporated herein by reference.
The Offer and this Acceptance of Dedication of Easement arises from and is made pursuant to the Agreement.
The undersigned was authorized to execute and record this Acceptance of Dedication of Easement on behalf of Grantee pursuant to resolution of the City Council of Grantee adopted on IN WITNESS WHEREOF, the undersigned has executed this instrument as of the date set forth below.
"Grantee":
CITY OF BEYERL Y HILLS, a municipal corporation
By: [EXHIBIT ONLY]
City Engineer
Dated: _
-14-
B0785-0001\3 146630v6.doc
Exhibit C
Form of Acceptance of Offer
Recording Requested by
and when recorded return to:
CITY OF BEYERL Y HILLS
455 N. Rexford Drive
Beverly Hills, CA 90210
Attn: City Clerk
Exempt from recording fees pursuant to G.C. $6103
Exempt from Documentary Transfer Taxes pursuant to R& T Code $11922
ACCEPTANCE OF DEDICATION OF EASEMENT
The CITY OF BEYERL Y HILLS, a municipal corporation ("Grantee"), hereby accepts the offer (the "Offer") of dedication of easement (the "Easement") made by LOMA LINDA HOLDINGS LTD., as Trustee of the Loma Linda Trust ("Grantor") in that certain Agreement Containing Irrevocable Offer of Dedication and Covenants Concerning Real Property (the "Agreement") by and between Granter and Grantee dated as of _,and recorded in Official Records of the Recorder's Office for the Connty of Los Angeles on as Instrument No.
The Easement is an easement for public street and/or alley purposes over that certain real property located in the City of Beverly Hills, County of Los Angeles, State of California, described on Exhibit A, attached hereto and incorporated herein by reference.
The Offer and this Acceptance of Dedication of Easement arises from and is made pursuant to the Agreement.
The undersigned was authorized to execute and record this Acceptance of Dedication of Easement on behalf of Grantee pursuant to resolution of the City Council of Grantee adopted on IN WITNESS WHEREOF, the undersigned has executed this instrument as of the date set forth below.
"Grantee":
CITY OF BEYERL Y HILLS, a municipal corporation
By: [EXHIBIT ONLY]
City Engineer
Dated: _
-14-
B0785-0001\3 146630v6.doc
State of California }
}
County of Los Angeles }
On , before me, , a _
personally appeared
__________ , 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.
WITNESS my hand and official seal.
Signature _
(Seal)
o
-15-
80785-0001 \3146630v6.doc
Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 State of California }
}
}
_______ _, before me, , a _
personally appeared
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.
County of Los Angeles
On
WITNESS my hand and official seal.
Signature
(Seal)
0 -15-
B0785-0001\3 146630v6.doc
State of California }
}
}
_______ _, before me, , a _
personally appeared
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.
County of Los Angeles
On
WITNESS my hand and official seal.
Signature
(Seal)
0 -15-
B0785-0001\3 146630v6.doc
State of California }
}
County of Los Angeles }
On , before me, , a '
personally appeared
__________ , 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.
-16-
80785-0001 \3146630v6.doc
Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 State of California }
}
}
personally
-
appeared
,be[ore mhC, »_
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.
County of Los Angeles
On
-16-
B0785-0001\3146630v6.doc
State of California }
}
}
personally
-
appeared
,be[ore mhC, »_
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.
County of Los Angeles
On
-16-
B0785-0001\3146630v6.doc
Exhibit D
Maintenance Area Exhibit
-17-
B0785-0001 \3146630v6.doc
Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 B0785-0001\3146630v6.doc
ExhibitD
Maintenance Area Exhibit
-17-
B0785-0001\3146630v6.doc
ExhibitD
Maintenance Area Exhibit
-17-
i : "
-18-
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Docusign Envelope ID: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 -18-
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A103
-18-
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F.D. TURNAROUND PLAN
SCALE: 114"=1'-(1"
A 104
D: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182
19 I
I
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' ' ' ' ' ' - A 104
B0785-0001\3146630v6.doc
-19-
I
I
Certificate Of Completion
Envelope Id: 9CB25DD2-230C-48A2-AE1E-3A835EDC4182 Status: Sent Subject: Complete with Docusign: Resolution - Loma Linda Easements Source Envelope:
Document Pages: 67 Signatures: 2 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
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Attachment 2
ByRLY
AGENDA REPORT
Meeting Date: November 7, 2017
Item Number: G—2
To: Honorable Mayor & City Council
From: Mark Cuneo, City Engineer
Subject: ACCEPTING VEHICLE ACCESS EASEMENTS AND VACATING A
STORM DRAIN EASEMENT, AND FINDING ACTIONS EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AS
FOLLOWS:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BEVERLY HILLS APPROVING TWO AGREEMENTS
CONTAINING IRREVOCABLE OFFERS OF DEDICATION OF
EASEMENTS ALONG LOMA LINDA DRIVE ADJACENT TO
1184 LOMA LINDA DRIVE AND 1193 LOMA LINDA DRIVE,
BEVERLY HILLS, FOR PUBLIC STREET PURPOSES AND
CONDITIONALLY AUTHORIZING THE CITY ENGINEER TO
ACCEPT DEDICATION OF THE EASEMENTS; AND
B. RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY
HILLS VACATING A STORM DRAIN EASEMENT OVER A
PORTION OF THE PROPERTY LOCATED AT 1193 LOMA
LINDA DRIVE AND AUTHORIZING THE EXECUTION OF A
QUITCLAIM DEED TO LOMA LINDA HOLDINGS, LTD AS
TRUSTEE OF THE LOMA LINDA TRUST, FOR TERMINATION
OF THE EASEMENT
Attachments: 1. City Council Resolution - Offers of Dedication of Easements
2. City Council Resolution Authorizing Execution of a Quitclaim Deed
3. October 12, 2017 Planning Commission Staff Report
(Without Attachments)
4. Planning Commission Resolution No. 1826
5. Beverly Hills Fire Department Memorandum
Meeting Date:
Item Number:
To:
From:
Subject:
Attachments:
BEVERLY
HILLS
id
AGENDA REPORT
November 7, 2017
G-2
Honorable Mayor & City Council
Mark Cuneo, City Engineer
ACCEPTING VEHICLE ACCESS EASEMENTS AND VACATING A
STORM DRAIN EASEMENT, AND FINDING ACTIONS EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AS
FOLLOWS:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BEVERLY HILLS APPROVING TWO AGREEMENTS
CONTAINING IRREVOCABLE OFFERS OF DEDICATION OF
EASEMENTS ALONG LOMA LINDA DRIVE ADJACENT TO
1184 LOMA LINDA DRIVE AND 1193 LOMA LINDA DRIVE,
BEVERLY HILLS, FOR PUBLIC STREET PURPOSES AND
CONDITIONALLY AUTHORIZING THE CITY ENGINEER TO
ACCEPT DEDICATION OF THE EASEMENTS; AND
B. RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY
HILLS VACATING A STORM DRAIN EASEMENT OVER A
PORTION OF THE PROPERTY LOCATED AT 1193 LOMA
LINDA DRIVE AND AUTHORIZING THE EXECUTION OF A
QUITCLAIM DEED TO LOMA LINDA HOLDINGS, LTD AS
TRUSTEE OF THE LOMA LINDA TRUST, FOR TERMINATION
OF THE EASEMENT
1. City Council Resolution - Offers of Dedication of Easements
2. City Council Resolution Authorizing Execution of a Quitclaim Deed
3. October 12, 2017 Planning Commission Staff Report
(Without Attachments)
4. Planning Commission Resolution No. 1826
5. Beverly Hills Fire Department Memorandum
11/3/2017
Meeting Date: November 7, 2017
RECOMMENDATION
It is recommended that the City Council adopt the proposed resolutions accepting offers of dedication of easements for public street purposes in substantially the form provided; authorize execution of a quitclaim deed to terminate an unused City storm drain easement; and find these actions categorically exempt pursuant to the California Environmental Quality Act.
INTRODUCTION
Building permits for the construction of two new single family residences located at 1193 and 1184 Loma Linda Drive are pending. The projects involve street improvements on Loma Linda Drive, including an emergency vehicle turnaround consistent with the Fire Department’s goal of improving emergency vehicle access. To accommodate a turnaround area at the street terminus that would be closer to a fully code-compliant configuration than currently exists, staff recommends accepting offers of dedication of easements for public street purposes. Further, the proposed project at 1 193 Loma Linda Drive seeks abandonment of an existing storm drain easement across the property that is no longer used and contains no public facilities.
Issuance of building permits for the proposed projects are contingent upon the City Council’s approval of the acceptance of the proposed offers of dedication and approval of the storm drain easement vacation.
DISCUSSION
Dedication of Easements
As part of the review for applications for building permits on the subject properties for new single-family residences, consideration was given as to what the appropriate requirements would be for providing adequate emergency vehicle access to the area, given the substandard condition of the existing “hammerhead” terminus of Loma Linda Drive and the various physical constraints of the area. Several City Departments, including Community Development, Public Works, and Fire worked with the applicant to develop street improvement needs, including an emergency vehicle turnaround area.
As part of its review, the Fire Department considered various options for fully codecompliant turnaround configurations, as well as an alternative offered by a neighboring property owner. A summary of the Fire Department’s findings with respect to each alternative is provided in Attachment 5. Ultimately, the Fire Department concluded that the emergency vehicle turnaround design that is included in Attachment 1 to this report is a better solution than other alternatives because it achieves the necessary turnaround area for emergency vehicles, and does not result in the same impacts of the other alternatives not only to the subject properties, but to neighboring properties and the availability of parking along the street.
The proposed street improvements consist of widening Loma Linda Drive by relocating the existing curb along the 1184 Loma Linda Drive frontage 4’-6” to the west, resulting in a 26’-O” wide roadway. All curbs along the west side of Loma Linda Drive beginning at the 1184 Loma Linda Drive property would be painted red, and red curb would continue throughout the new cul-de-sac and stop at the north property line of 1193 Loma Linda
Meeting Date: November 7, 2017
RECOMMENDATION
It is recommended that the City Council adopt the proposed resolutions accepting offers of dedication of easements for public street purposes in substantially the form provided; authorize execution of a quitclaim deed to terminate an unused City storm drain easement; and find these actions categorically exempt pursuant to the California Environmental Quality Act.
INTRODUCTION
Building permits for the construction of two new single family residences located at 1193 and 1184 Loma Linda Drive are pending. The projects involve street improvements on Loma Linda Drive, including an emergency vehicle turnaround consistent with the Fire Department's goal of improving emergency vehicle access. To accommodate a turnaround area at the street terminus that would be closer to a fully code-compliant configuration than currently exists, staff recommends accepting offers of dedication of easements for public street purposes. Further, the proposed project at 1193 Loma Linda Drive seeks abandonment of an existing storm drain easement across the property that is no longer used and contains no public facilities.
Issuance of building permits for the proposed projects are contingent upon the City Council's approval of the acceptance of the proposed offers of dedication and approval of the storm drain easement vacation.
DISCUSSION
Dedication of Easements
As part of the review for applications for building permits on the subject properties for new single-family residences, consideration was given as to what the appropriate requirements would be for providing adequate emergency vehicle access to the area, given the substandard condition of the existing "hammerhead" terminus of Loma Linda Drive and the various physical constraints of the area. Several City Departments, including Community Development, Public Works, and Fire worked with the applicant to develop street improvement needs, including an emergency vehicle turnaround area.
As part of its review, the Fire Department considered various options for fully codecompliant turnaround configurations, as well as an alternative offered by a neighboring property owner. A summary of the Fire Department's findings with respect to each alternative is provided in Attachment 5. Ultimately, the Fire Department concluded that the emergency vehicle turnaround design that is included in Attachment 1 to this report is a better solution than other alternatives because it achieves the necessary turnaround area for emergency vehicles, and does not result in the same impacts of the other alternatives not only to the subject properties, but to neighboring properties and the availability of parking along the street.
The proposed street improvements consist of widening Loma Linda Drive by relocating the existing curb along the 1184 Loma Linda Drive frontage 4'-6 to the west, resulting in a 26'-0" wide roadway. All curbs along the west side of Loma Linda Drive beginning at the 1184 Loma Linda Drive property would be painted red, and red curb would continue throughout the new cul-de-sac and stop at the north property line of 1193 Loma Linda
Meeting Date: November 7, 2017
Drive, including a new, red painted low-profile roiled curb offset approximately 4’-O” from the façade of the proposed garage structure at 1193 Loma Linda Drive. Signage stating ‘No Parking Anytime’ will also be installed at appropriate locations leading into the cul-de sac. The proposed red curb and ‘No Parking Anytime’ signage would not apply to the side of the street where 1185 Loma Linda Drive has frontage, other than the street frontage along 1193 Loma Linda Drive.
Street improvements also include placement of concrete pavement in the existing street tight-of-way and on the 1184 and 1193 Loma Linda Drive properties such that the minimum dimensions of a fire truck turnaround can be accommodated. The paved areas located on private property are the subject of the offers of dedication for public street purposes. Detailed diagrams of the proposed street improvements and easements are provided in Attachment 1. It should be noted that the easement area shown in Attachment 1 will require minQr revisions to show additional easement areas that would accommodate the ‘No Parking Anytime’ signage installation.
The proposed street improvements and dedication of easements for vehicle access will result in a substantially improved turnaround area at the terminus of Loma Linda Drive, as well as a wider roadway leading into the turnaround with sufficient width for two emergency vehicles to safely pass each other. These improvements will result in substantial life safety upgrades as compared to the current roadway conditions by making it easier for large fire trucks to safely turn around at the terminus of Loma Linda Drive without having to travel in reverse down the street to Coldwater Canyon, and to allow multiple vehicles, such as a fire truck and ambulance, to pass each other in emergency situations. In order to increase compliance with the requirement that the turnaround area will remain unobstructed, red curb will be required for a substantial portion of the roadway leading into the cul-de-sac, as well as around the entire cul-de-sac itself along with appropriate ‘No Parking Anytime’ signage. These parking restrictions will not affect any of the currently available street parking along the east side of Loma Linda Drive fronting the property at 1185 Loma Linda Drive. These outcomes are consistent with numerous General Plan Policies relating to Circulation and Safety, which are more fully discussed in the attached Planning Commission staff report (Attachment 3).
Staff recommends that the City Council adopt the attached resolution in substantially the form provided that would approve the agreements irrevocably offering the easement dedications, and to authorize the City Engineer to accept the easement as such time as any and all encroachments have been removed and all necessary improvements for the widened terminus of Loma Linda Drive have been made.
Storm Drain Easement Quitclaim
The property at 1193 Loma Linda Drive contains a 10,-a” wide easement to the City of Beverly Hills for storm drain purposes that originates at the terminus of Loma Linda Drive, and previously continued to the south passing through the property at 1111 Coldwater Canyon Drive, as shown in green in the diagram below:
Meeting Date: November 7, 2017
Drive, including a new, red painted low-profile rolled curb offset approximately 4'-0" from the facade of the proposed garage structure at 1193 Loma Linda Drive. Signage stating 'No Parking Anytime' will also be installed at appropriate locations leading into the cul-desac. The proposed red curb and 'No Parking Anytime' signage would not apply to the side of the street where 1185 Loma Linda Drive has frontage, other than the street frontage along 1193 Loma Linda Drive.
Street improvements also include placement of concrete pavement in the existing street right-of-way and on the 1184 and 1193 Loma Linda Drive properties such that the minimum dimensions of a fire truck turnaround can be accommodated. The paved areas located on private property are the subject of the offers of dedication for public street purposes. Detailed diagrams of the proposed street improvements and easements are provided in Attachment 1. It should be noted that the easement area shown in Attachment 1 will require minor revisions to show additional easement areas that would accommodate the 'No Parking Anytime' signage installation.
The proposed street improvements and dedication of easements for vehicle access will result in a substantially improved turnaround area at the terminus of Loma Linda Drive, as well as a wider roadway leading into the turnaround with sufficient width for two emergency vehicles to safely pass each other. These improvements will result in substantial life safety upgrades as compared to the current roadway conditions by making it easier for large fire trucks to safely turn around at the terminus of Loma Linda Drive without having to travel in reverse down the street to Coldwater Canyon, and to allow multiple vehicles, such as a fire truck and ambulance, to pass each other in emergency situations. In order to increase compliance with the requirement that the turnaround area will remain unobstructed, red curb will be required for a substantial portion of the roadway leading into the cul-de-sac, as well as around the entire cul-de-sac itself along with appropriate 'No Parking Anytime' signage. These parking restrictions will not affect any of the currently available street parking along the east side of Loma Linda Drive fronting the property at 1185 Loma Linda Drive. These outcomes are consistent with numerous General Plan Policies relating to Circulation and Safety, which are more fully discussed in the attached Planning Commission staff report (Attachment 3).
Staff recommends that the City Council adopt the attached resolution in substantially the form provided that would approve the agreements irrevocably offering the easement dedications, and to authorize the City Engineer to accept the easement as such time as any and all encroachments have been removed and all necessary improvements for the widened terminus of Loma Linda Drive have been made.
Storm Drain Easement Quitclaim
The property at 1193 Loma Linda Drive contains a 10'-0" wide easement to the City of Beverly Hills for storm drain purposes that originates at the terminus of Loma Linda Drive, and previously continued to the south passing through the property at 1111 Coldwater Canyon Drive, as shown in green in the diagram below:
Meeting Date: November 7, 2017
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— —
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Active County Easement (to remain) )
— — —
— Active County Easement (to remain) I
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Stormwater Easement Diagram
The property owner is requesting the vacation of the City’s easement, which is no longer used and contains no public facilities. Staff has reviewed the request and it has been determined that this portion of the easement is no longer needed for the purposes for which it was acquired since the City’s original storm drain line located in the easement was abandoned and replaced by a Los Angeles County Flood Control District (LACFCD) storm drain line in 1971. A new easement was granted to LACFCD, which is shown in orange in the diagram above, and will remain unchanged by the project. The portion of the City’s storm drain easement within the 1111 Coldwater Cañon Drive property was previously vacated by the City and quitclaimed to the owner of that property on March 6, 2012. The neighboring property owner at 1111 Coldwater Cañon Drive has been notified of the request for vacating the remainder of the City’s storm drain easement.
Staff recommends that the City Council adopt the attached resolution vacating the remainder of the easement and authorizing a quitclaim of the easement right.
Page4of5 11/3/2017
Meeting Date: November 7, 2017
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Abandoned City Easement (to be vacated)
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I LEGEND
- - -
Stormwater Easement Diagram
The property owner is requesting the vacation of the City's easement, which is no longer used and contains no public facilities. Staff has reviewed the request and it has been determined that this portion of the easement is no longer needed for the purposes for which it was acquired since the City's original storm drain line located in the easement was abandoned and replaced by a Los Angeles County Flood Control District (LACFCD) storm drain line in 1971. A new easement was granted to LACFCD, which is shown in orange in the diagram above, and will remain unchanged by the project. The portion of the City's storm drain easement within the 1111 Coldwater Canon Drive property was previously vacated by the City and quitclaimed to the owner of that property on March 6, 2012. The neighboring property owner at 1111 Coldwater Canon Drive has been notified of the request for vacating the remainder of the City's storm drain easement.
Staff recommends that the City Council adopt the attached resolution vacating the remainder of the easement and authorizing a quitclaim of the easement right.
Meeting Date: November 7, 2017
Planning Commission Review
The offers of dedication for street purposes and the requested storm drain easement vacation were reviewed by the Planning Commission for consistency with the City’s General Plan on October 12, 2017, and the Planning Commission unanimously found these requests to be consistent with the General Plan (Attachment 4).
ENVIRONMENTAL ANALYSIS
The proposed offers of dedication and easement vacation have been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The projects appear to qualify for a categorical exemption pursuant to Section 15303 (Class 3(a) and 3(d)) of the Guidelines. Specifically, the proposed actions involve the construction of two new single-family residences, each on a separate site that was previously developed in an urban area, and the proposed vacation and offer of dedication relate to utility and Street improvements that are identified in the Guidelines. Therefore, staff recommends that the City Council find the projects exempt from further review under the provisions of CEQA.
FISCAL IMPACT
No funds will be expended by the approval of the storm drain easement quitclaim. The street improvements and turnaround easement will not result in a change in maintenance costs to the City. The applicant has paid for the preparation and processing of all necessary documents.
Meeting Date: November 7, 2017
Planning Commission Review
The offers of dedication for street purposes and the requested storm drain easement vacation were reviewed by the Planning Commission for consistency with the City's General Plan on October 12, 2017, and the Planning Commission unanimously found these requests to be consistent with the General Plan (Attachment 4).
ENVIRONMENTAL ANALYSIS
The proposed offers of dedication and easement vacation have been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The projects appear to qualify for a categorical exemption pursuant to Section 15303 (Class 3(a) and 3(d)) of the Guidelines. Specifically, the proposed actions involve the construction of two new single-family residences, each on a separate site that was previously developed in an urban area, and the proposed vacation and offer of dedication relate to utility and street improvements that are identified in the Guidelines. Therefore, staff recommends that the City Council find the projects exempt from further review under the provisions of CEQA.
FISCAL IMPACT
No funds will be expended by the approval of the storm drain easement quitclaim. The street improvements and turnaround easement will not result in a change in maintenance costs to the City. The applicant has paid for the preparation and processing of all necessary documents.
Attachment 1
City Council Resolution — Offers of Dedication of Easements Attachment 1
City Council Resolution -- Offers of Dedication of Easements RESOLUTION NO. I 7-R-_____
RESOLUTION Of THE COUNCIL Of THE CITY Of
BEVERLY HILLS APPROVING TWO AGREEMENTS
CONTAINING IRREVOCABLE OFFERS Of DEDICATION Of
EASEMENTS ALONG LOMA LINDA DRIVE ADJACENT TO
1184 LOMA LINDA DRIVE AND 1193 LOMA LINDA DRIVE,
BEVERLY HILLS, FOR PUBLIC STREET PURPOSES AND
CONDITIONALLY AUTHORIZING THE CITY ENGINEER TO
ACCEPT DEDICATION OF THE EASEMENTS
The City Council of the City of Beverly Hills hereby determines, resolves and orders as follows:
Section 1. Loma Linda Holdings LTD, as Trustee of the Loma Linda Trust (“Owner”) is the fee owner of certain real property (the “Property”) located within the City of Beverly Hills (the “City”), known as 1184 Loma Linda Drive, Beverly Hills, CA 90210 (APN 4350-020-010) and 1193 Loma Linda Drive, Beverly Hills, CA 90210 (APN 4350-021-012).
Section 2. Owner has agreed to enter into certain Agreements Containing Irrevocable Offers of Dedication and Covenants Concerning Real Property with respect to 1184 and 1193 Loma Linda Drive (the “Agreements”) attached hereto as Exhibits 1 and 2 respectively, by which Agreements Owner irrevocably offers to dedicate easements (the “Easements”) over portions ofthe Properties to the City for public street purposes, as described in the Agreements.
Owner also agrees to remove any encroachments in the easement areas and to construct street improvements to the satisfaction of the City Engineer to effectuate the purposed of the Easements. Such dedications are in conformance with the Beverly Hills Municipal Code and the City’s General Plan. The Agreements contemplate City maintenance ofthe portion of the 807$5-0009\213 1639v3.doc
RESOLUTION NO. 17-R-
---
RESOLUTION OF THE COUNCIL OF THE CITY OF
BEYERL Y HILLS APPROVING TWO AGREEMENTS
CONTAINING IRREVOCABLE OFFERS OF DEDICATION OF
EASEMENTS ALONG LOMA LINDA DRIVE ADJACENT TO
1184 LOMA LINDA DRIVE AND 1193 LOMA LINDA DRIVE,
BEYERL Y HILLS, FOR PUBLIC STREET PURPOSES AND
CONDITIONALLY AUTHORIZING THE CITY ENGINEER TO
ACCEPT DEDICATION OF THE EASEMENTS
The City Council of the City of Beverly Hills hereby determines, resolves and orders as follows:
Section 1. Loma Linda Holdings LTD, as Trustee of the Loma Linda Trust (Owner") is the fee owner of certain real property (the "Property") located within the City of Beverly Hills (the "City"), known as 1184 Loma Linda Drive, Beverly Hills, CA 90210 (APN 4350-020-010) and 1193 Loma Linda Drive, Beverly Hills, CA 90210 (APN 4350-021-012).
Section 2. Owner has agreed to enter into certain Agreements Containing Irrevocable Offers of Dedication and Covenants Concerning Real Property with respect to 1184 and 1193 Loma Linda Drive (the "Agreements") attached hereto as Exhibits 1 and 2 respectively, by which Agreements Owner irrevocably offers to dedicate easements (the "Easements") over portions of the Properties to the City for public street purposes, as described in the Agreements.
Owner also agrees to remove any encroachments in the easement areas and to construct street improvements to the satisfaction of the City Engineer to effectuate the purposed of the Easements. Such dedications are in conformance with the Beverly Hills Municipal Code and the City's General Plan. The Agreements contemplate City maintenance of the portion of the B0785-0009\2131639v3.doc
Easement areas delineated by red curbing required by the Fire Department, as well as any City signage as may be required.
Section 3. The City Council finds that approval of the Agreements and acceptance of the Easements is exempt from the California Environmental Quality Act, Pub. Res. Code Section 21000 et seq., pursuant to State CEQA Guidelines Section 15303 (Class 3(a) and 3(d)) of the Guidelines. Specifically, the proposed actions involve the construction of two new single-family residence sites that were previously developed in an urban area, and the proposed easements relate to utility and street improvements that are identified in the Guidelines, and the same conclusion is reached when related storm drain public service easement vacation and underlying single family residences are taken into account.
Section 4. The City Council hereby approves the Agreements substantially as attached hereto and authorizes and directs the City Engineer to execute the Agreements. The City Council further authorizes the City Engineer to accept the dedication of the Easements and to record Acceptances of Dedication of Easements in the form substantially as attached to the Agreements at such time as Owner or its successors have removed all encroachments from the Easement areas and completed construction of the necessary improvements within the Easement areas.
Section 5. The City Clerk is hereby authorized and directed to take appropriate action to record the Agreements with the County Recorder of the County of Los Angeles.
Section 6. The City Clerk is directed to furnish a copy ofthis Resolution to the Owner at the address of record.
-2-
307$5-0009\213 1639v3.doc
Easement areas delineated by red curbing required by the Fire Department, as well as any City signage as may be required.
Section 3. The City Council finds that approval of the Agreements and acceptance of the Easements is exempt from the California Environmental Quality Act, Pub. Res. Code Section 21000 et seq., pursuant to State CEQA Guidelines Section 15303 (Class 3(a) and 3(d)) of the Guidelines. Specifically, the proposed actions involve the construction of two new single-family residence sites that were previously developed in an urban area, and the proposed easements relate to utility and street improvements that are identified in the Guidelines, and the same conclusion is reached when related storm drain public service easement vacation and underlying single family residences are taken into account.
Section 4. The City Council hereby approves the Agreements substantially as attached hereto and authorizes and directs the City Engineer to execute the Agreements. The City Council further authorizes the City Engineer to accept the dedication of the Easements and to record Acceptances of Dedication of Easements in the form substantially as attached to the Agreements at such time as Owner or its successors have removed all encroachments from the Easement areas and completed construction of the necessary improvements within the Easement areas.
Section 5. The City Clerk is hereby authorized and directed to take appropriate action to record the Agreements with the County Recorder of the County of Los Angeles.
Section 6. The City Clerk is directed to furnish a copy of this Resolution to the Owner at the address of record.
-2-
B0785-0009\2131639v3.doc
Section 7. 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 ofthe Council ofthis City.
Adopted:
CITY OF BEVERLY HILLS
A Municipal Corporation
LILI BOSSE
Mayor ofthe City of Beverly Hills
ATTEST:
(SEAL)
BYRON POPE
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
LAURENCE S. WIENER MAHDI ALUZRI
City Attorney City Manager
MARK CUNEO
City Engineer
-3-
B07$5-0009\2 131 639v3.doc
Section 7. 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.
Adopted:
CITY OF BEYERL Y HILLS
A Municipal Corporation
LILI BOSSE
Mayor of the City of Beverly Hills
ATTEST:
__________ (SEAL)
BYRON POPE
City Clerk
APPROVED AS TO FORM:
LAURENCE S. WIENER
City Attorney
B0785-0009\21 31639v3.doc
-3-
APPROVED AS TO CONTENT:
MAHDI ALUZRI
City Manager
w.k7
MARK.CUNEO
City Engineer
Exhibit 1
Agreement Containing Irrevocable Offer of Dedication
and Covenants Concerning Real Property
1184 LOMA LINDA DRIVE
B0785-0009\2 131 639v3 .doc
Exhibit 1
Agreement Containing Irrevocable Off er of Dedication
and Covenants Concerning Real Property
1184 LOMA LINDA DRIVE
-4-
B0785-0009\2131 639v3 .doc
Recording Requested By and
When Recorded Return To:
City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attn: City Clerk
Free Recording per Gov’t Code Sec. 6103
AGREEMENT CONTAINING
IRREVOCABLE OFFER Of DEDICATION
AND COVENANTS CONCERNING REAL PROPERTY
THIS AGREEMENT CONTAINING IRREVOCABLE OFFER Of DEDICATION AND COVENANTS CONCERNING REAL PROPERTY (this “Agreement”) is made as of_ day of 2017, by LOMA LINDA HOLDINGS LTD., as Trustee of the Loma Linda Trust (“Owner”), in favor of the CITY Of BEVERLY HILLS, a municipal corporation (the “City”).
1. IRREVOCABLE OFFER OF DEDICATION. Owner hereby makes an irrevocable offer (the “Offer”) to dedicate to City an easement (the “Easement”) for public street and/or alley purposes over that certain real property (the “Property”) known as 1184 Loma Linda Drive, City of Beverly Hills, County of Los Angeles, described on Exhibit A, attached hereto and incorporated herein by reference.
a. Term of Offer. The term (the “Term”) ofthe Offer shall commence on the date of recordation hereof, which date shall be the date the Offer is deemed filed for the purposes of Beverly Hills Municipal Code Section 10-6-4, and shall expire on the date (the “Expiration Date”) that the Offer is accepted or rejected by the City Council. The Offer is irrevocable by Owner until the Expiration Date.
b. Mode of Acceptance of Offer. The Offer may be accepted by City any time prior to the Expiration Date by adoption of a Resolution of the City Council of the City accepting the dedication of the Easement (the “Resolution of Acceptance”). The Resolution of Acceptance will authorize the appropriate City official to execute an instrument (the “Acceptance”) accepting the Offer in substantially the form attached hereto as Exhibit B, which is incorporated herein by reference.
2. COVENANTS. Owner covenants, for themselves, their successor and assigns, as follows:
a. Removal of Encroachments. To remove, at Owner’s sole cost and expense, all improvements and fixtures upon the Property which the City Engineer reasonably determines will constitute encroachments onto the Easement upon City’s acceptance of the Easement (the “Encroachments”). The removal shall be performed in accordance with the following:
—1—
Recording Requested By and
When Recorded Return To:
City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attn: City Clerk
Free Recording per Gov't Code Sec. 6103
AGREEMENT CONTAINING
IRREVOCABLE OFFER OF DEDICATION
AND COVENANTS CONCERNING REAL PROPERTY
THIS AGREEMENT CONTAINING IRREVOCABLE OFFER OF DEDICATION AND COVENANTS CONCERNING REAL PROPERTY (this "Agreement") is made as of_ day of 2017, by LOMA LINDA HOLDINGS LTD., as Trustee of the Loma Linda Trust ("Owner"), in favor of the CITY OF BEVERLY HILLS, a municipal corporation (the "City").
1. IRREVOCABLE OFFER OF DEDICATION. Owner hereby makes an irrevocable offer (the "Offer") to dedicate to City an easement (the "Easement") for public street and/or alley purposes over that certain real property (the "Property") known as 1184 Loma Linda Drive, City of Beverly Hills, County of Los Angeles, described on Exhibit A, attached hereto and incorporated herein by reference.
a. Term of Offer. The term (the "Term") of the Offer shall commence on the date of recordation hereof, which date shall be the date the Offer is deemed filed for the purposes of Beverly Hills Municipal Code Section 10-6-4, and shall expire on the date (the "Expiration Date") that the Offer is accepted or rejected by the City Council. The Offer is irrevocable by Owner until the Expiration Date.
b. Mode of Acceptance of Offer. The Offer may be accepted by City any time prior to the Expiration Date by adoption of a Resolution of the City Council of the City accepting the dedication of the Easement (the "Resolution of Acceptance"). The Resolution of Acceptance will authorize the appropriate City official to execute an instrument (the "Acceptance") accepting the Offer in substantially the form attached hereto as Exhibit B, which is incorporated herein by reference.
2. COVENANTS. Owner covenants, for themselves, their successor and assigns, as follows:
a. Removal of Encroachments. To remove, at Owner's sole cost and expense, all improvements and fixtures upon the Property which the City Engineer reasonably determines will constitute encroachments onto the Easement upon City's acceptance of the Easement (the "Encroachments"). The removal shall be performed in accordance with the following:
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(1) City shall give a written notice to Owiier, which notice shall: (i) describe the Encroachments that must be removed; (ii) direct Owner to remove them; and (iii) specify the date by which the removal must be completed, which date shall be no less than sixty (60) days after the date the notice is given.
(2) The Owner shall remove the Encroachments by the date specified in the notice.
(3) In the event Owner shall fail to remove the Encroachments by that date, or if Owner delays in the removal of the Encroachments such that the removal cannot practicably be completed by that date, City may immediately enter the Property and remove or cause the removal ofthe Encroachments at Owner’s cost. Owner shall, immediately upon demand, reimburse City for City’s actual costs incurred in removing the Encroachments. b. Construction of Improvements. To install and complete to the satisfaction ofthe City Engineer any improvements that the City Engineer determines are required to effectuate the purpose of the Easement.
3. Covenants Run With the Land. The covenants made in this Agreement and the Offer shall run with the land and shall burden the Property for the benefit of City. The covenants and the Offer shall inure to the benefit of or bind, as the case may require, the respective heirs, representatives, successors and assigns of City and Owner. Owner authorizes City to record this Agreement in Official Records ofthe Recorder’s Office ofthe County of Los Angeles.
4. Limitation on City Liability and Indemnification.
a. Owner and City agree that City shall have no liability with respect to the Property or the Easement, whether resulting from the maintenance or failure to maintain same or otherwise, and shall not assume any responsibility for the Property or the Easement or any improvements or fixtures thereon or therein, unless and until both of the following occur:
(1) City adopts the Resolution of Acceptance; and
(2) The removal of all Encroachments and the construction of all Improvements have been completed to the satisfaction ofthe City Engineer. b. Owner agrees to continue to maintain the Property and assume all liability for the condition ofthe Property until both ofthe conditions set forth in Section 4(a) have occurred.
Owner agrees to indemnify, hold harmless, protect and defend City, its Council, and each member thereof, directors, officers, agents, employees and attorneys, from all claims, causes of action, suits, damages or other liabilities occurring in, on or about the Easement and/or the Property until both of the conditions set forth in Section 4(a) have occurred. c. Upon the acceptance ofthe Easement and the occurrence of both conditions set forth in Section 4(a), City agrees to assume maintenance of the surface improvements within that portion of the easement area delineated by the required red curbs, as shown on Exhibit A-i attached hereto and incorporated herein by reference, along with any signage as may be required by the City. All other areas of the Easement shall be maintained by Owner. -2-
(1) City shall give a written notice to Owner, which notice shall: (i) describe the Encroachments that must be removed; (ii) direct Owner to remove them; and (iii) specify the date by which the removal must be completed, which date shall be no less than sixty ( 60) days after the date the notice is given.
(2) The Owner shall remove the Encroachments by the date specified in the notice.
(3) In the event Owner shall fail to remove the Encroachments by that date, or if Owner delays in the removal of the Encroachments such that the removal cannot practicably be completed by that date, City may immediately enter the Property and remove or cause the removal of the Encroachments at Owner's cost. Owner shall, immediately upon demand, reimburse City for City's actual costs incurred in removing the Encroachments. b. Construction of Improvements. To install and complete to the satisfaction of the City Engineer any improvements that the City Engineer determines are required to effectuate the purpose of the Easement.
3. Covenants Run With the Land. The covenants made in this Agreement and the Offer shall run with the land and shall burden the Property for the benefit of City. The covenants and the Offer shall inure to the benefit of, or bind, as the case may require, the respective heirs, representatives, successors and assigns of City and Owner. Owner authorizes City to record this Agreement in Official Records of the Recorder's Office of the County of Los Angeles.
4. Limitation on City Liability and Indemnification.
a. Owner and City agree that City shall have no liability with respect to the Property or the Easement, whether resulting from the maintenance or failure to maintain same or otherwise, and shall not assume any responsibility for the Property or the Easement or any improvements or fixtures thereon or therein, unless and until both of the following occur:
(1) City adopts the Resolution of Acceptance; and
(2) The removal of all Encroachments and the construction of all Improvements have been completed to the satisfaction of the City Engineer. b. Owner agrees to continue to maintain the Property and assume all liability for the condition of the Property until both of the conditions set forth in Section 4(a) have occurred.
Owner agrees to indemnify, hold harmless, protect and defend City, its Council, and each member thereof, directors, officers, agents, employees and attorneys, from all claims, causes of action, suits, damages or other liabilities occurring in, on or about the Easement and/or the Property until both of the conditions set forth in Section 4(a) have occurred. c. Upon the acceptance of the Easement and the occurrence of both conditions set forth in Section 4(a), City agrees to assume maintenance of the surface improvements within that portion of the easement area delineated by the required red curbs, as shown on Exhibit A-1 attached hereto and incorporated herein by reference, along with any signage as may be required by the City. All other areas of the Easement shall be maintained by Owner. -2-
5. Address for Notices. Any notices, demands or communications under this Agreement shall be given as follows:
To Owner: Loma Linda Holdings Ltd.
do Strikeman Elliott LLP
Attn: Richard Jackson
666 Burrard St #1700
Vancouver, BC V6c 2X8
To City: City of Beverly Hills
455 North Rexford Drive
Beverly Hills, California 90210
Attn: City Engineer
Written notices, demands and communications between City and Owner shall be sufficiently given by personal service or dispatched by first class mail, postage prepaid, return receipt requested, to the addresses set forth above. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section. Notwithstanding anything to the contrary contained herein, notice personally served shall be presumed to have been received as of the date of such service, and notices sent via mail as provided herein shall be presumed to have been received on the second business day after deposit of same in the mail.
N WITNESS WHEREOF, Owner has executed this Agreement as ofthe date first written above.
“Owner”:
*1
*1
Acknowledged and agreed Imust be signed by all parties having an interest in the Property, including beneficiaries and trustees in deeds of trust, as shown by a current preliminary report furnished by the Owner!:
*1
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5. Address for Notices. Any notices, demands or communications under this Agreement shall be given as follows:
To Owner:
To City:
Loma Linda Holdings Ltd.
c/o Strikeman Elliott LLP
Attn: Richard Jackson
666 Burrard St #1700
Vancouver, BC V6c 2X8
City of Beverly Hills
455 North Rexford Drive
Beverly Hills, California 90210
Attn: City Engineer
Written notices, demands and communications between City and Owner shall be sufficiently given by personal service or dispatched by first class mail, postage prepaid, return receipt requested, to the addresses set forth above. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section. Notwithstanding anything to the contrary contained herein, notice personally served shall be presumed to have been received as of the date of such service, and notices sent via mail as provided herein shall be presumed to have been received on the second business day after deposit of same in the mail.
IN WITNESS WHEREOF, Owner has executed this Agreement as of the date first written above.
"Owner":
*/
--------------
*/ -------------
Acknowledged and agreed (must be signed by all parties having an interest in the Property, including beneficiaries and trustees in deeds of trust, as shown by a current preliminary report furnished by the Owner]:
*I
--------------
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*/If a corporation is signing, two officers must sign, one from each of the following groups:
(1) chairman ofthe board, the president or any vice president; and (2) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer.
Also note: each binding signature must be notarized.
Approved as to Form: Approved as to Content:
Deborah R. Hakman Mark Cuneo
Assistant City Attorney City Engineer
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*/If a corporation is signing, two officers must sign, one from each of the following groups:
(1) chairman of the board, the president or any vice president; and (2) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer.
Also note: each binding signature must be notarized.
Approved as to Form:
Deborah R. Hakman
Assistant City Attorney
Approved as to Content:
Mark Cuneo
City Engineer
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Exhibit A
Legal Descdpfion ofEasement Area
-Se
Exhibit A
Legal Description of Easement Area
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1 OF I
EXHIBIT “A”
LEGAL DESCRIPTION
PORTION OF APN 4350-020-032
THAT PORTION OF LOT 6 OF TRACT NO. 13101, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 280, PAGES 1 TO 9, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE EASTERLY CORNER Of SAID LOT 6, BEING A PONT ON THE WESTERLY BOUNDARY OF LOMA LINDA DRIVE, ALSO BEING THE BEGINNING Of A CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 309.31 FEET, A RADIAL LINE TO SAID PONT ON SAID CURVE BEARS SOUTH 73°36’OO” EAST; THENCE IN A SOUTHERLY DIRECTION 148.63
FEET ALONG SAID CURVE BEING SAID WESTERLY BOUNDARY OF LOMA LINDA DRIVE, THROUGH A CENTRAL ANGLE OF 27°31’52”, TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 78.90 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE, BEARS SOUTH 46°04’08” EAST; THENCE IN A WESTERLY DIRECTION 55.22 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40°06’08”; THENCE SOUTH 05°52’OO” EAST 16.92 FEET, TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 17.03 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE BEARS NORTH 08°45’48” WEST; THENCE IN A WESTERLY DIRECTION
3.12 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°29’ll”, TO THE
BEGINNING OF A NON-TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF
60.96 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE BEARS NORTH 84°5Y48” EAST; THENCE IN A NORTHERLY DIRECTION 18.88 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17°44’38”; THENCE NORTH 27°5Y57” EAST 20.70 FEET, TO THE
BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 45.07 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE BEARS SOUTH 23°48’53” WEST; THENCE IN AN EASTERLY DIRECTION 44.56 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 56°39’03”, TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 284.80 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE BEARS SOUTH 45°22’44” EAST; THENCE IN A NORTHEASTERLY DIRECTION
18.36 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°41’36”, TO THE
BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 308.86 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE BEARS SOUTH 49°01’05” EAST; THENCE IN A NORTHEASTERLY DIRECTION 132.18 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24°31’l 1”; THENCE NORTH 73°15’54” EAST 0.59 FEET, TO THE POINT OF BEGINNING.
AREA IS APPROXIMATELY 604 SQUARE FEET
LC ENGINEERING GROUP, INC.
CONSULTING ENGINEERS
889 Pierce Court, Suite 101, Thousand Oaks, California 91360 818-991-7148 • 805-497-1244 • tcegroupinc.com • [email protected] 11-2-17
1 OF 1
EXHIBIT"A"
LEGAL DESCRIPTION
PORTION OF APN 4350-020-032
THAT PORTION OF LOT 6 OF TRACT NO. 13101, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 280, PAGES 1 TO 9, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE EASTERLY CORNER OF SAID LOT 6, BEING A POINT ON THE WESTERLY
BOUNDARY OF LOMA LINDA DRIVE, ALSO BEING THE BEGINNING OF A CURVE, CONCA VE WESTERLY AND HAVING A RADIUS OF 309.31 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE BEARS SOUTH 7336'00" EAST; THENCE IN A SOUTHERLY DIRECTION 148.63
FEET ALONG SAID CURVE BEING SAID WESTERLY BOUNDARY OF LOMA LINDA DRIVE, THROUGH A CENTRAL ANGLE OF 273152", TO THE BEGINNING OF A NON-TANGENT CURVE, CONCA VE NORTHERLY AND HA YING A RADIUS OF 78.90 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE, BEARS SOUTH 4604'08" EAST; THENCE IN A WESTERLY DIRECTION 55.22 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40°06'08"; THENCE SOUTH 0558'00" EAST 16.92 FEET, TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 17.03 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE BEARS NORTH 0845'48" WEST; THENCE IN A WESTERLY DIRECTION
3.12 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1029'11", TO THE
BEGINNING OF A NON-TANGENT CURVE, CONCAVE WESTERLY AND HA YING A RADIUS OF
60.96 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE BEARS NORTH 8453'48" EAST; THENCE IN A NORTHERLY DIRECTION 18.88 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1744'38"; THENCE NORTH 2753'57" EAST 20.70 FEET, TO THE
BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 45.07 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE BEARS SOUTH 2348'53" WEST; THENCE IN AN EASTERLY DIRECTION 44.56 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5639'03", TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY AND HA YING A RADIUS OF 284.80 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE BEARS SOUTH 4522'44" EAST; THENCE IN A NORTHEASTERLY DIRECTION
18.36 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0341'36", TO THE
BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 308.86 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE BEARS SOUTH 49005" EAST; THENCE IN A NORTHEASTERLY DIRECTION 132.18 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2431'11"; THENCE NORTH 73°15'54" EAST 0.59 FEET, TO THE POINT OF BEGINNING.
AREA IS APPROXIMATELY 604 SQUARE FEET
LC ENGINEERING GROUP, INC.
CONSULTING ENGINEERS
889 Pierce Court, Suite 101, Thousand Oaks, California 91360 818-991-7148 • 805-497-1244 • lcegroupinc.com [email protected] 11-2-17
SCALE: 1”=30’
15’ 0’ 30’
LC ENGINEERING GROUP, INC.
/
/
/
1 0F3 EXHIBIT “B”
APN 4350—020—032
1184 LOMA LINDA DR. /
/
—
I
1 CONSULTING ENGINEERS
889 Pierce Court, Suite 101, Thousand Oaks, California 91360 818-991-7148 • 805-497-1244 . lcegroupinc,com workflIesijkegroupinc.com 11-2-17 EXHIBIT"B" 1 OF 3
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APN 4350-020-032 92 I O
1184 LOMA LINDA DR. I
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SCALE: 1"=30'
11-2-17
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� LC ENGINEERING GROUP, INC.
CONSULTING ENGINEERS
889 Pierce Court, Suite 101, Thousand Oaks, California 91360 818.991-7148 • 805.497-1244 • lcegroupinc.com • [email protected] 15'
SCALE: 1”=lO
1 b’
EXHIBIT “B” 2 OF 3
Cl =56 39 ‘03”
R = 45.07’
L=44.56’
APN 4350—020—032
1184 LOMA LINDA DR.
A=1 744’38”
R=60.96’
L=18.88’
\0
(i-i
R=17.03’
=1 0 2—
L=3.12’ N
& a’
LC ENGINEERING GROUP, INC.
CONSULTING ENGINEERS
889 Pierce Court, Suite 101, Thousand Oaks, California 91360 818991-7148 • 805-497-1244 • lcegroupinccom . [email protected] 11-2-17 EXHIBIT"B"
APN 4350--020-032
1184 LOMA LINDA DR.
A=1744'38"
R=60.96'
L=18.88'
±-102%»
-%%"
L=3.12'
SCALE: 1"=10
A=5639'03"
R=45.07'
L=44.56'
2 OF 3
c2
Ah C]
5' o' 10'
LC ENGINEERING GROUP, INC.
CONSULTING ENGINEERS
889 Pierce Court, Suite 101, Thousand Oaks, California 91360 818.991-7148 • 805-497-1244 • lcegroupinc.com • [email protected] 11-2-17 CURVE TABLE:
CURVE: DELTA: RADIUS: LENGTH:
Cl 2T31’52” 309.31’ 148.63’
C2 0341’36” 284.80’ 18.36’
C3 2431’ii” 308.86’ 132.18’
EXHIBIT “B”
LINE TABLE:
LINE: BEARING: DISTANCE:
Li J N73Y5’54”E 0.59’
I
LC ENGINEERING GROUP, INC.
CONSULTING ENGINEERS
889 Pkrce Court, Suite 101, Thousand Oaks, California 91360 818-991-7148 • 805-497-1244 • lcegroupinc.com • [email protected] 10'
POB
o'
30F3
C1
SCALE: 1"=10
5'
11-2-17
EXHIBIT "B"
LC ENGINEERING GROUP, INC.
CONSULTING ENGINEERS
889 Pierce Court, Suite 101, Thousand Oaks, California 91360 818-991-7148 • 805-497-1244 • lcegroupinc.com • [email protected] 'h C]
C2
CURVE TABLE:
LINE TABLE:
LINE: BEARING: DISTANCE:
L1 N7315'54"E 0.59'
CURVE: DELTA: RADIUS: LENGTH:
C1 2731'52° 309.31' 148.63'
c2 0341'36" 284.80' 18.36'
C3 2431'1° 308.86' 132.18'
Exhibit A-i
Maintenance Area Exhibit
-6-
Exhibit A-1
Maintenance Area Exhibit
-6-
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Exhibit B
form of Acceptance of Offer
Recording Requested by
and when recorded return to:
CITY Of BEVERLY HILLS
455 N. Rexford Drive
Beverly Hills, CA 90210
Attn: City Clerk
Exempt from recording fees pursuant to G.C. §6 103
Exempt from Documentary Transfer Taxes pursuant to R & T Code § 11922 ACCEPTANCE OF DEDICATION Of EASEMENT
The CITY Of BEVERLY HILLS, a municipal corporation (“Grantee”), hereby accepts the offer (the “Offer”) of dedication of easement (the “Easement”) made by LOMA LiNDA HOLDiNGS LTD., as Trustee of the Loma Linda Trust (“Grantor”) in that certain Agreement Containing Irrevocable Offer of Dedication and Covenants Concerning Real Property (the “Agreement”) by and between Grantor and Grantee dated as of
and recorded in Official Records of the Recorder’s
Office for the County of Los Angeles on
as Instrument No.
The Easement is an easement for public street and/or alley purposes over that certain real property located in the City of Beverly Hills, County of Los Angeles, State of California, described on Exhibit A, attached hereto and incorporated herein by reference.
The Offer and this Acceptance of Dedication of Easement arises from and is made pursuant to the Agreement.
The undersigned was authorized to execute and record this Acceptance of Dedication of Easement on behalf of Grantee pursuant to resolution of the City Council of Grantee adopted on iN WITNESS WHEREOF, the undersigned has executed this instrument as of the date set forth below.
“Grantee”:
CITY OF BEVERLY HILLS, a municipal corporation
By: FEXHIBIT ONLY]
City Engineer
Dated:
-7-
Exhibit B
Form of Acceptance of Offer
Recording Requested by
and when recorded return to:
CITY OF BEYERL Y HILLS
455 N. Rexford Drive
Beverly Hills, CA 90210
Attn: City Clerk
Exempt from recording fees pursuant to G.C. §6103
Exempt from Documentary Transfer Taxes pursuant to R & T Code $11922
ACCEPTANCE OF DEDICATION OF EASEMENT
The CITY OF BEYERL Y HILLS, a municipal corporation ("Grantee"), hereby accepts the offer (the "Offer") of dedication of easement (the "Easement") made by LOMA LINDA HOLDINGS LTD., as Trustee of the Loma Linda Trust ("Grantor") in that certain Agreement Containing Irrevocable Offer of Dedication and Covenants Concerning Real Property (the "Agreement") by and between Grantor and Grantee dated as of , and recorded in Official Records of the Recorder's Office for the County of Los Angeles on as Instrument No.
The Easement is an easement for public street and/or alley purposes over that certain real property located in the City of Beverly Hills, County of Los Angeles, State of California, described on Exhibit A, attached hereto and incorporated herein by reference.
The Offer and this Acceptance of Dedication of Easement arises from and is made pursuant to the Agreement.
The undersigned was authorized to execute and record this Acceptance of Dedication of Easement on behalf of Grantee pursuant to resolution of the City Council of Grantee adopted on IN WITNESS WHEREOF, the undersigned has executed this instrument as of the date set forth below.
"Grantee":
CITY OF BEYERL Y HILLS, a municipal corporation
By: [EXHIBIT ONLY]
City Engineer
Dated: _
-7-
State of California }
}
County of Los Angeles }
On
before me,
a
personally appeared
___________________________
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.
WITNESS my hand and official seal.
Signature
(Seal)
-8-
State of California
County of Los Angeles }
}
}
On
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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.
WITNESS my hand and official seal.
Signature _
(Seal)
-8-
State of California }
}
County of Los Angeles }
On
before me,
personally appeared
__________________________
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.
-9-
State of California
County of Los Angeles }
}
}
On , before me, , a
----- --- ------ -------
personally appeared ,
__________ , 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.
-9-
Exhibit 2
Agreement Containing Irrevocable Offer of Dedication
and Covenants Concerning Real Property
1193 LOMA LINDA DRIVE
-5-
B0785-0009\213 1639v3.doc
Exhibit 2
Agreement Containing Irrevocable Offer of Dedication
and Covenants Concerning Real Property
1193 LOMA LINDA DRIVE
-5-
B0785-0009\2131 639v3.doc
Recording Requested By and
When Recorded Return To:
City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attn: City Clerk
free Recording per Gov’t Code Sec. 6103
AGREEMENT CONTAINING
IRREVOCABLE OFFER Of DEDICATION
AND COVENANTS CONCERNING REAL PROPERTY
THIS AGREEMENT CONTAINING IRREVOCABLE OFFER Of DEDICATION AND COVENANTS CONCERNING REAL PROPERTY (this “Agreement”) is made as of_ day of 2017, by LOMA LINDA HOLDINGS LTD., as Trustee of the Loma Linda Trust (“Owner”), in favor ofthe CITY OF BEVERLY HILLS, a municipal corporation (the “City”).
1. IRREVOCABLE OFFER OF DEDICATION. Owner hereby makes an irrevocable offer (the “Offer”) to dedicate to City an easement (the “Easement”) for public street and/or alley purposes over that certain real property (the “Property”) known as 1193 Loma Linda Drive, City of Beverly Hills, County of Los Angeles, described on Exhibit A, attached hereto and incorporated herein by reference.
a. Term of Offer. The term (the “Term”) ofthe Offer shall commence on the date of recordation hereof, which date shall be the date the Offer is deemed filed for the purposes of Beverly Hills Municipal Code Section 10-6-4, and shall expire on the date (the “Expiration Date”) that the Offer is accepted or rejected by the City Council. The Offer is irrevocable by Owner until the Expiration Date.
b. Mode of Acceptance of Offer. The Offer may be accepted by City any time prior to the Expiration Date by adoption of a Resolution of the City Council of the City accepting the dedication of the Easement (the “Resolution of Acceptance”). The Resolution of Acceptance will authorize the appropriate City official to execute an instrument (the “Acceptance”) accepting the Offer in substantially the form attached hereto as Exhibit B, which is incorporated herein by reference.
2. COVENANTS. Owner covenants, for themselves, their successor and assigns, as follows:
a. Removal of Encroachments. To remove, at Owner’s sole cost and expense, all improvements and fixtures upon the Property which the City Engineer reasonably determines will constitute encroachments onto the Easement upon City’s acceptance of the Easement (the “Encroachments”). The removal shall be performed in accordance with the following:
—1—
Recording Requested By and
When Recorded Return To:
City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attn: City Clerk
Free Recording per Gov't Code Sec. 6103
AGREEMENT CONTAINING
IRREVOCABLE OFFER OF DEDICATION
AND COVENANTS CONCERNING REAL PROPERTY
THIS AGREEMENT CONTAINING IRREVOCABLE OFFER OF DEDICATION AND COVENANTS CONCERNING REAL PROPERTY (this "Agreement") is made as of_ day of 2017, by LOMA LINDA HOLDINGS LTD., as Trustee of the Loma Linda Trust ("Owner"), in favor of the CITY OF BEVERLY HILLS, a municipal corporation (the "City").
1. IRREVOCABLE OFFER OF DEDICATION. Owner hereby makes an irrevocable offer (the "Offer") to dedicate to City an easement (the "Easement") for public street and/or alley purposes over that certain real property (the "Property") known as 1193 Loma Linda Drive, City of Beverly Hills, County of Los Angeles, described on Exhibit A, attached hereto and incorporated herein by reference.
a. Term of Offer. The term (the "Term") of the Offer shall commence on the date of recordation hereof, which date shall be the date the Offer is deemed filed for the purposes of Beverly Hills Municipal Code Section 10-6-4, and shall expire on the date (the "Expiration Date") that the Offer is accepted or rejected by the City Council. The Offer is irrevocable by Owner until the Expiration Date.
b. Mode of Acceptance of Offer. The Offer may be accepted by City any time prior to the Expiration Date by adoption of a Resolution of the City Council of the City accepting the dedication of the Easement (the "Resolution of Acceptance"). The Resolution of Acceptance will authorize the appropriate City official to execute an instrument (the "Acceptance") accepting the Offer in substantially the form attached hereto as Exhibit B, which is incorporated herein by reference.
2. COVENANTS. Owner covenants, for themselves, their successor and assigns, as follows:
a. Removal of Encroachments. To remove, at Owner's sole cost and expense, all improvements and fixtures upon the Property which the City Engineer reasonably determines will constitute encroachments onto the Easement upon City's acceptance of the Easement (the "Encroachments"). The removal shall be performed in accordance with the following:
-1-
(1) City shall give a written notice to Owner, which notice shall: (1) describe the Encroachments that must be removed; (ii) direct Owner to remove them; and (iii) specify the date by which the removal must be completed, which date shall be no less than sixty (60) days after the date the notice is given.
(2) The Owner shall remove the Encroachments by the date specified in the notice.
(3) In the event Owner shall fail to remove the Encroachments by that date, or if Owner delays in the removal of the Encroachments such that the removal cannot practicably be completed by that date, City may immediately enter the Property and remove or cause the removal ofthe Encroachments at Owner’s cost. Owner shall, immediately upon demand, reimburse City for City’s actual costs incurred in removing the Encroachments. b. Construction of Improvements. To install and complete to the satisfaction ofthe City Engineer any improvements that the City Engineer determines are required to effectuate the purpose of the Easement.
3. Covenants Run With the Land. The covenants made in this Agreement and the Offer shall run with the land and shall burden the Property for the benefit of City. The covenants and the Offer shall inure to the benefit of, or bind, as the case may require, the respective heirs, representatives, successors and assigns of City and Owner. Owner authorizes City to record this Agreement in Official Records ofthe Recorder’s Office ofthe County of Los Angeles.
4. Limitation on City Liability and Indemnification.
a. Owner and City agree that City shall have no liability with respect to the Property or the Easement, whether resulting from the maintenance or failure to maintain same or otherwise, and shall not assume any responsibility for the Property or the Easement or any improvements or fixtures thereon or therein, unless and until both of the following occur:
(1) City adopts the Resolution of Acceptance; and
(2) The removal of all Encroachments and the construction of all Improvements have been completed to the satisfaction ofthe City Engineer. b. Owner agrees to continue to maintain the Property and assume all liability for the condition ofthe Property until both ofthe conditions set forth in Section 4(a) have occurred.
Owner agrees to indemnify, hold harmless, protect and defend City, its Council, and each member thereof, directors, officers, agents, employees and attorneys, from all claims, causes of action, suits, damages or other liabilities occurring in, on or about the Easement and/or the Property until both of the conditions set forth in Section 4(a) have occurred. c. Upon the acceptance ofthe Easement and the occurrence of both conditions set forth in Section 4(a), City agrees to assume maintenance of the surface improvements within that portion of the easement area delineated by the required red curbs, as shown on Exhibit A-i attached hereto and incorporated herein by reference, along with any signage as may be required by the City. All other areas of the Easement shall be maintained by Owner. -2-
(1) City shall give a written notice to Owner, which notice shall: (i) describe the Encroachments that must be removed; (ii) direct Owner to remove them; and (iii) specify the date by which the removal must be completed, which date shall be no less than sixty ( 60) days after the date the notice is given.
(2) The Owner shall remove the Encroachments by the date specified in the notice.
(3) In the event Owner shall fail to remove the Encroachments by that date, or if Owner delays in the removal of the Encroachments such that the removal cannot practicably be completed by that date, City may immediately enter the Property and remove or cause the removal of the Encroachments at Owner's cost. Owner shall, immediately upon demand, reimburse City for City's actual costs incurred in removing the Encroachments. b. Construction of Improvements. To install and complete to the satisfaction of the City Engineer any improvements that the City Engineer determines are required to effectuate the purpose of the Easement.
3. Covenants Run With the Land. The covenants made in this Agreement and the Offer shall run with the land and shall burden the Property for the benefit of City. The covenants and the Offer shall inure to the benefit of, or bind, as the case may require, the respective heirs, representatives, successors and assigns of City and Owner. Owner authorizes City to record this Agreement in Official Records of the Recorder's Office of the County of Los Angeles.
4. Limitation on City Liability and Indemnification.
a. Owner and City agree that City shall have no liability with respect to the Property or the Easement, whether resulting from the maintenance or failure to maintain same or otherwise, and shall not assume any responsibility for the Property or the Easement or any improvements or fixtures thereon or therein, unless and until both of the following occur:
(1) City adopts the Resolution of Acceptance; and
(2) The removal of all Encroachments and the construction of all Improvements have been completed to the satisfaction of the City Engineer. b. Owner agrees to continue to maintain the Property and assume all liability for the condition of the Property until both of the conditions set forth in Section 4(a) have occurred.
Owner agrees to indemnify, hold harmless, protect and defend City, its Council, and each member thereof, directors, officers, agents, employees and attorneys, from all claims, causes of action, suits, damages or other liabilities occurring in, on or about the Easement and/or the Property until both of the conditions set forth in Section 4(a) have occurred. c. Upon the acceptance of the Easement and the occurrence of both conditions set forth in Section 4(a), City agrees to assume maintenance of the surface improvements within that portion of the easement area delineated by the required red curbs, as shown on Exhibit A-1 attached hereto and incorporated herein by reference, along with any signage as may be required by the City. All other areas of the Easement shall be maintained by Owner. -2-
5. Address for Notices. Any notices, demands or communications under this Agreement shall be given as follows:
To Owner: Loma Linda Holdings Ltd.
do Strikeman Elliott LLP
Attn: Richard Jackson
666 Burrard St #1700
Vancouver, BC V6c 2X$
To City: City of Beverly Hills
455 North Rexford Drive
Beverly Hills, California 90210
Attn: City Engineer
Written notices, demands and communications between City and Owner shall be sufficiently given by personal service or dispatched by first class mail, postage prepaid, return receipt requested, to the addresses set forth above. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section. Notwithstanding anything to the contrary contained herein, notice personally served shall be presumed to have been received as of the date of such service, and notices sent via mail as provided herein shall be presumed to have been received on the second business day after deposit ofsame in the mail.
IN WITNESS WHEREOF, Owner has executed this Agreement as ofthe date first written above.
ItOwner??:
*1
*/
Acknowledged and agreed must be signed by all parties having an interest in the Property, including beneficiaries and trustees in deeds of trust, as shown by a current preliminary report furnished by the Owner):
*1
*/Jf a corporation is signing, two officers must sign, one from each of the following groups:
-3-
5. Address for Notices. Any notices, demands or communications under this Agreement shall be given as follows:
To Owner:
To City:
Loma Linda Holdings Ltd.
c/o Strikeman Elliott LLP
Attn: Richard Jackson
666 Burrard St # 1700
Vancouver, BC V6c 2X8
City of Beverly Hills
455 North Rexford Drive
Beverly Hills, California 90210
Attn: City Engineer
Written notices, demands and communications between City and Owner shall be sufficiently given by personal service or dispatched by first class mail, postage prepaid, return receipt requested, to the addresses set forth above. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section. Notwithstanding anything to the contrary contained herein, notice personally served shall be presumed to have been received as of the date of such service, and notices sent via mail as provided herein shall be presumed to have been received on the second business day after deposit of same in the mail.
IN WITNESS WHEREOF, Owner has executed this Agreement as of the date first written above.
"Owner":
]
--------------
*/
--------------
Acknowledged and agreed !must be signed by all parties having an interest in the Property, including beneficiaries and trustees in deeds of trust, as shown by a current preliminary report furnished by the Owner]:
*/
--------------
If a corporation is signing, two officers must sign, one from each of the following groups:
-3-
(1) chairman of the board, the president or any vice president; and (2) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer.
Also note: each binding signature must be notarized.
Approved as to Form: Approved as to Content:
Deborah R. Hakman Mark Cuneo
Assistant City Attorney City Engineer
-4-
(1) chairman of the board, the president or any vice president; and (2) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer.
Also note: each binding signature must be notarized.
Approved as to Form:
Deborah R. Hakman
Assistant City Attorney
Approved as to Content:
Mark Cuneo
City Engineer
-4-
Exhibit A
Legal Description of Easement Area
-5-
Exhibit A
Legal Description of Easement Area
-5-
EXHIBIT “A”
I OF I
LEGAL DESCRIPTION
PORTION Of APN 4350-021-012
THAT PORTION OF LOT 5 OF TRACT NO. 13101, IN CITY OF BEVERLY HILLS,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 280, PAGES 1 TO 9, INCLUSIVE OF MAPS, TN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER Of SAID LOT 5, BEING A POINT ON THE SOUTHERLY TERMINUS OF LOMA LINDA DRIVE, THENCE NORTH 69°38’OO” EAST 12.82 FEET, ALONG SAID RIGHT-OF-WAY LINE OF LOMA LINDA DRIVE, TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE NORTH 69°38’OO” EAST 7.18 FEET, TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 20.98 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE, BEARS SOUTH 69°38’OO” WEST; THENCE IN A NORTHERLY DIRECTION 24.66 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 67°19’58”, TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS Of 339.31 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE, BEARS SOUTH 43°02’OO” EAST; THENCE IN A NORTHEASTERLY DIRECTION 16.01 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°42’13”, TO THE BEGINNING OF A
NON-TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF
5.50 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE, BEARS SOUTH 64°50’06” WEST; THENCE IN A SOUTHEASTERLY DIRECTION 3.00 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31°16’35”; THENCE SOUTH 56°27’36” EAST 534 FEET; THENCE SOUTH 33°15’SO” WEST 40.01 FEET; THENCE NORTH 56°27’36” WEST
3.07 FEET, TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 6.02 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE, BEARS NORTH 33°27’45” EAST; THENCE IN A WESTERLY DIRECTION 5.64 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53°43’23”, TO THE TRUE POINT OF BEGINNING.
AREA IS APPROXIMATELY 389 SQUARE FEET
LC ENGINEERING GROUP, INC.
CONSULTING ENGINEERS
889 Pierce Court, Suite 101, Thousand Oaks, California 91360 818-991-7148 • 805-497-1244 • Iccgroupinc.com • [email protected] 11-2-17
1 OF 1
EXHIBIT"A"
LEGAL DESCRIPTION
PORTION OF APN 4350-021-012
THAT PORTION OF LOT 5 OF TRACT NO. 13101, IN CITY OF BEVERLY HILLS,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 280, PAGES 1 TO 9, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 5, BEING A POINT ON THE SOUTHERLY TERMINUS OF LOMA LINDA DRIVE, THENCE NORTH 6938'00" EAST 12.82 FEET, ALONG SAID RIGHT-OF-WAY LINE OF LOMA LINDA DRIVE, TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE NORTH 6938'00" EAST 7.18 FEET, TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 20.98 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE, BEARS SOUTH 6938'00" WEST; THENCE IN A NORTHERLY DIRECTION 24.66 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 67°19'58", TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 339.31 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE, BEARS SOUTH 43°02'00" EAST; THENCE IN A NORTHEASTERLY DIRECTION 16.01 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°42'13", TO THE BEGINNING OF A
NON-TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF
5.50 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE, BEARS SOUTH 6450'06" WEST; THENCE IN A SOUTHEASTERLY DIRECTION 3.00 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31°16'35"; THENCE SOUTH 56°27'36" EAST 5.34 FEET; THENCE SOUTH 3315'50" WEST 40.01 FEET; THENCE NORTH 5627'36" WEST
3.07 FEET, TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY AND HA YING A RADIUS OF 6.02 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE, BEARS NORTH 332745" EAST; THENCE IN A WESTERLY DIRECTION 5.64 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5343'23", TO THE TRUE POINT OF BEGINNING.
AREA IS APPROXIMATELY 389 SQUARE FEET
� LC ENGINEERING GROUP, INC.
CONSULTING ENGINEERS
889 Pierce Court, Suite 101, Thousand Oaks, California 91360 818-991-7148 • 805-497-1244 • lcegroupinc.com • [email protected] 11-2-17
LC ENGINEERING GROUP, INC.
CONSULTING ENGINEERS
EXHIBIT “B” 1 OF I
7 t=0242’ 13”
R=339.31’
L=16.01’
A=311 6’35”
R=5.50’
L=3.00’
5.34’
E
$
\
A=67 1 9’58”
R=20.98’
L= 24.66’
N 69’38’00” E
7.18’
N
APN 4350—021—012
1193 LOMA LINDA DR.
R=6.02’
L=5.64’
\
3.07’
\
t
SCALE: 1”=lO’
10’
889 Pierce Court, Suite 101, Thousand Oaks, California 91360 818-991-7148 • 805-497-1244 • tcegroapinc.com • [email protected] 11-2-17
EXHIBIT "B"
/
1 OF 1
POB
A=0242'13"
R=339.31'
L=16.01'
A=6719'58"
R=20.98'
L=24.66'
N
TPOB
0 .
A=5343'23"
R=6.02'
L=5.64'
\N5627'36"w
3.07'
\
/ A=3116'35
R=5.50'
L=3.00'
S 5627'36" E
5.34'
APN 4350--021-012
1193 LOMA LINDA DR.
SCALE: 1"=10'
5' o' 10'
LC ENGINEERING GROUP, INC.
CONSULTING ENGINEERS
889 Pierce Court, Suite 101, Thousand Oaks, California 91360 818-991-7148 • 805-497-1244 • lcegroupinc.com • [email protected] 11-2-17
Exhibit A-i
Maintenance Area Exhibit
-6-
Exhibit A-1
Maintenance Area Exhibit
-6-
RESIDENCE LINDA LOMA
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Exhibit B
Form of Acceptance of Offer
Recording Requested by
and when recorded return to:
CITY Of BEVERLY HILLS
455 N. Rexford Drive
Beverly Hills, CA 90210
Attn: City Clerk
Exempt from recording fees pursuant to G.C. §6103
Exempt from Documentary Transfer Taxes pursuant to R & T Code § 11922 ACCEPTANCE OF DEDICATION Of EASEMENT
The CITY OF BEVERLY HILLS, a municipal corporation (“Grantee”), hereby accepts the offer (the “Offer”) of dedication of easement (the “Easement”) made by LOMA LINDA HOLDINGS LTD., as Trustee of the Loma Linda Trust (“Grantor”) in that certain Agreement Containing Irrevocable Offer of Dedication and Covenants Concerning Real Property (the “Agreement”) by and between Grantor and Grantee dated as of
and recorded in Official Records of the Recorder’s
Office for the County of Los Angeles on
as Instrument No.
The Easement is an easement for public street and/or alley purposes over that certain real property located in the City of Beverly Hills, County of Los Angeles, State of California, described on Exhibit A, attached hereto and incorporated herein by reference.
The Offer and this Acceptance of Dedication of Easement arises from and is made pursuant to the Agreement.
The undersigned was authorized to execute and record this Acceptance of Dedication of Easement on behalf of Grantee pursuant to resolution of the City Council of Grantee adopted on IN WITNESS WHEREOF, the undersigned has executed this instrument as of the date set forth below.
“Grantee”:
CITY Of BEVERLY HILLS, a municipal corporation
By: [EXHIBIT ONLY1
City Engineer
Dated:
-7-
Exhibit B
Form of Acceptance of Offer
Recording Requested by
and when recorded return to:
CITY OF BEYERL Y HILLS
455 N. Rexford Drive
Beverly Hills, CA 90210
Attn: City Clerk
Exempt from recording fees pursuant to G.C. §6103
Exempt from Documentary Transfer Taxes pursuant to R & T Code § 11922
ACCEPTANCE OF DEDICATION OF EASEMENT
The CITY OF BEYERL Y HILLS, a municipal corporation ("Grantee"), hereby accepts the offer (the "Offer") of dedication of easement (the "Easement") made by LOMA LINDA HOLDINGS LTD., as Trustee of the Loma Linda Trust ("Grantor") in that certain Agreement Containing Irrevocable Offer of Dedication and Covenants Concerning Real Property (the "Agreement") by and between Grantor and Grantee dated as of , and recorded in Official Records of the Recorder's Office for the County of Los Angeles on as Instrument No.
The Easement is an easement for public street and/or alley purposes over that certain real property located in the City of Beverly Hills, County of Los Angeles, State of California, described on Exhibit A, attached hereto and incorporated herein by reference.
The Offer and this Acceptance of Dedication of Easement arises from and is made pursuant to the Agreement.
The undersigned was authorized to execute and record this Acceptance of Dedication of Easement on behalf of Grantee pursuant to resolution of the City Council of Grantee adopted on IN WITNESS WHEREOF, the undersigned has executed this instrument as of the date set forth below.
"Grantee":
CITY OF BEYERL Y HILLS, a municipal corporation
By: [EXHIBIT ONLY]
City Engineer
Dated: _
-7-
State of California }
}
County of Los Angeles }
On
before me,
a
personally appeared
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.
WITNESS my hand and official seal.
Signature
(Seal)
-8-
State of California
County of Los Angeles }
}
}
On , before me, , a
----- --- ------ -------
personally appeared
__________ , 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.
WITNESS my hand and official seal.
Signature
(Seal)
-8-
State of California }
}
County of Los Angeles }
Onbefore me,
personally appeared
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.
-9-
State of California
County of Los Angeles }
}
}
On , before me, , a
------ ---- ------- -------
personally appeared
__________ , 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.
-9-
Attachment 2
City Council Resolution Authorizing Execution of a Quitclaim Deed Attachment 2
City Council Resolution Authorizing Execution of a Quitclaim Deed RESOLUTION NO. 17-RRESOLUTION Of THE COUNCIL Of THE CITY Of BEVERLY
HILLS VACATING A STORM DRAIN EASEMENT OVER A
PORTION Of THE PROPERTY AT 1193 LOMA LINDA DRIVE
AND AUTHORIZING THE EXECUTION OF A QUITCLAIM
DEED TO LOMA LINDA HOLDINGS. LTD AS TRUSTEE OF
THE LOMA LINDA TRUST, FOR TERMINATION Of THE
EASEMENT
The City Council of the City of Beverly Hills (“City”) does hereby resolve as follows:
Section 1. The City owns a public service easement for storm drain purposes over a portion of the property known as 1193 Loma Linda Drive, as more specifically described in Exhibit A and shown in Exhibit B, attached hereto, and incorporated herein by reference (the “Easement”).
Section 2. The Easement is not in use for the purposes for which it was dedicated, and has not been in such use for more than five consecutive years prior to the date on which this Resolution is adopted.
Section 3. Vacation of the Easement is made under Chapter 4 (Summary Vacation) of Part 3 of Division 9 of the California Streets and Highways Code.
Section 4. There are no in place public utility facilities that would be affected by vacation of the Easement.
Section 5. from and after the date of recordation of this Resolution, the Easement vacated hereby shall no longer constitute a public service easement. 30785-000 I\2 131 592v I .doc
RESOLUTION NO. 17-RRESOLUTION OF THE COUNCIL OF THE CITY OF BEYERL Y
HILLS VACATING A STORM DRAIN EASEMENT OVER A
PORTION OF THE PROPERTY AT 1193 LOMA LINDA DRIVE
AND AUTHORIZING THE EXECUTION OF A QUITCLAIM
DEED TO LOMA LINDA HOLDINGS, LTD AS TRUSTEE OF
THE LOMA LINDA TRUST, FOR TERMINATION OF THE
EASEMENT
The City Council of the City of Beverly Hills (City") does hereby resolve as follows:
Section 1. The City owns a public service easement for storm drain purposes over a portion of the property known as 1193 Loma Linda Drive, as more specifically described in Exhibit A and shown in Exhibit B, attached hereto, and incorporated herein by reference (the "Easement").
Section 2. The Easement is not in use for the purposes for which it was dedicated, and has not been in such use for more than five consecutive years prior to the date on which this Resolution is adopted.
Section 3. Vacation of the Easement is made under Chapter 4 (Summary Vacation) of Part 3 of Division 9 of the California Streets and Highways Code.
Section 4.
by vacation of the Easement.
Section 5.
There are no in place public utility facilities that would be affected From and after the date of recordation of this Resolution, the Easement vacated hereby shall no longer constitute a public service easement.
B0785-0001\2131592v1.doc
Section 6. The City Council finds that vacation ofthe easement is exempt from the California Environmental Quality Act, Pub. Res. Code Section 21000 et seq., pursuant to State CEQA Guidelines Section 15303 (Class 3(a) and 3(d)) of the Guidelines. Specifically, the proposed actions involve the construction of a new single-family residence on a site that was previously developed in an urban area, and the proposed vacation relates to utility and street improvements that are identified in the Guidelines, and the same conclusion is reached when related offers of dedication for public street purposes and underlying single family residences are taken into account.
Section 7. That certain Quitclaim Deed, attached hereto as Exhibit C, transferring all rights acquired by the City under and by virtue of its 10 foot wide storm drain easement over the property at 1193 Loma Linda Drive to Loma Linda Holdings, LTD as Trustee of the Loma Linda Trust, is hereby approved.
Section 8. The Mayor is hereby authorized and directed to execute said deed on behalf ofthe City.
Section 9. The City Clerk is directed to:
(a) Cause a certified copy of this Resolution to be recorded without acknowledgment in the office of the record the Recorder of the County of Los Angeles in accordance with the provisions of California Streets and Highways Code Section $336 (b) Record the Quitclaim Deed, as attached in Exhibit C, in the office of the Recorder of the County of Los Angeles.
80785-0001\213 1592v1 .doc
Section 6. The City Council finds that vacation of the easement is exempt from the California Environmental Quality Act, Pub. Res. Code Section 21000 et seq., pursuant to State CEQA Guidelines Section 15303 (Class 3(a) and 3(d)) of the Guidelines. Specifically, the proposed actions involve the construction of a new single-family residence on a site that was previously developed in an urban area, and the proposed vacation relates to utility and street improvements that are identified in the Guidelines, and the same conclusion is reached when related offers of dedication for public street purposes and underlying single family residences are taken into account.
Section 7. That certain Quitclaim Deed, attached hereto as Exhibit C, transferring all rights acquired by the City under and by virtue of its 10 foot wide storm drain easement over the property at 1193 Loma Linda Drive to Loma Linda Holdings, LTD as Trustee of the Loma Linda Trust, is hereby approved.
Section 8.
on behalf of the City.
Section 9.
The Mayor is hereby authorized and directed to execute said deed The City Clerk is directed to:
(a) Cause a certified copy of this Resolution to be recorded without acknowledgment in the office of the record the Recorder of the County of Los Angeles in accordance with the provisions of California Streets and Highways Code Section 8336 (b) Record the Quitclaim Deed, as attached in Exhibit C, in the office of the Recorder of the County of Los Angeles.
2 B0785-0001\2131592vl .doc
Section 10. 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 ofthis City.
Adopted:
LILI BOSSE
Mayor ofthe City of
Beverly Hills, California
ATTEST:
________________________
(SEAL)
BYRON POPE
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
LAURENCE S. WIENER MARK CUNEO
City Attorney City Engineer
3 30785-0001\213 1592v1doc
Section 10. 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.
Adopted:
LILI BOSSE
Mayor of the City of
Beverly Hills, California
ATTEST:
(SEAL)
BYRON POPE
City Clerk
APPROVED AS TO FORM:
LAURENCE S. WIENER
City Attorney
B0785-0001\21315921 .doc
APPROVED AS TO CONTENT:
MA
.kRK CUNEO
City Engineer
3 Exhibit A
Quitclaim Deed
4 30785-0001\213 B0785-0001 \21311592v1.doc 592vl.doc
Exhibit A
Quitclaim Deed
4 RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
The City of Beverly Hills
Beverly Hills City Hall
455 North Rexford Drive
Beverly Hills, California 90210
Attention: City Clerk
Space Above For Recorder’s Use
Grantor declares that this Quitclaim Deed is exempt from recording fees pursuant to California Government Code Section 27383).
OUITCLAIM DEED
(Storm Drain Easement)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF BEVERLY HILLS (“Grantor”) hereby terminates and quit claims the storm drain easement as described in Exhibits A and B, attached hereto and incorporated herein, over the property at 1193 Loma Linda Drive to Loma Linda Holdings LTD (“Grantee”), as Trustee of the Loma Linda Trust.
Dated: , 2017 CITY OF BEVERLY HILLS,
a municipal corporation
By:_____________
Liii Bosse, Mayor
30785-0001\213 1593v1.doc
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
The City of Beverly Hills
Beverly Hills City Hall
455 North Rexford Drive
Beverly Hills, California 90210
Attention: City Clerk
Space Above For Recorder's Use
Grantor declares that this Quitclaim Deed is exempt from recording fees pursuant to California Government Code Section 27383).
QUITCLAIM DEED
(Storm Drain Easement)
FOR A YALU ABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF BEYERL Y HILLS ("Grantor") hereby terminates and quit claims the storm drain easement as described in Exhibits A and B, attached hereto and incorporated herein, over the property at 1193 Loma Linda Drive to Loma Linda Holdings LTD ("Grantee"), as Trustee of the Loma Linda Trust.
Dated:
-----� 2017
B0785-000 I \2131593vl.doc
CITY OF BEYERL Y HILLS,
a municipal corporation
By: _
Lili Bosse, Mayor
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
before me,
(here insert name and title of the officer)
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)
80785-0001\2131593v1.doc 2
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
)
)
(J] ,be[ore tnC, _?
(here insert name and title of the officer)
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.
,bj1n[TC_
B0785-000l\2131593vl .doc 2
(Seal)
EXHIBIT “A” TO OUITCLAIM DEED
DESCRIPTION Of LAND
30785-0001\2131593v1.doc B0785-0001\2131593vl.doc 3
EXHIBIT "A" TO QUITCLAIM DEED
DESCRIPTION OF LAND
3 EXHIBIT “A”
I OF I
STORM DRAIN EASEMENT QUITCLAIM
LEGAL DESCRIPTION
PORTION OF APN 4350-021-010 AND PORTION OF APN 4350-021-012
THAT PORTION OF THAT CERTAIN STORM DRAIN EASEMENT DEDICATED TO THE CITY OF BEVERLY HILLS WITHIN LOTS 4 AND 5, AS SHOWN ON TRACT MAP 13101, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, RECORDED JUNE 19, 1946, IN BOOK 280, PAGES 1 TO 9,
INCLUSIVE OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER, INCLUDED WITHIN A STRIP Of LAND 10 FEET WIDE, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 5, DISTANT THEREON NORTH 69°38’OO” EAST 6.22 FEET FROM THE MOST NORTHWESTERLY CORNER Of SAID LOT 5; THENCE SOUTH 69°38’OO” WEST
6.22 FEET TO SAID NORTHWESTERLY CORNER OF SAID LOTS, BEING A POINT ON THE NORTHEASTERLY LINE Of SAID LOT 4, ALSO BEING THE BEGINNING Of A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS Of 30.00 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE, BEARS NORTH 69°38’OO” EAST; THENCE IN A GENERALLY NORTHWESTERLY DIRECTION 7.29 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13°55’16”; THENCE ALONG THE SIDELINES OF SAID EASEMENT THE FOLLOWING TWO COURSES:
1ST: SOUTH 16°07’OO” WEST 36.25 FEET; THENCE
2ND: SOUTH 50°13’OO” EAST 58.11 FEET, TO A POINT ON THE SOUTHEASTERLY LINE OF THE LAND DESCRIBED AS PARCEL 3 IN THE DOCUMENT RECORDED MAY 23, 2012, AS INSTRUMENT NO.
20120765363, OFFICIAL RECORDS;
THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 47°12’SO” EAST 10.08 FEET; THENCE LEAVING SAID SOUTHEASTERLY LINE ALONG THE SIDELINES OF SAID EASEMENT THE FOLLOWING TWO COURSES:
1ST: NORTH 50°13’OO” WEST 52.87 FEET; THENCE
2ND: NORTH 16°OTOO” EAST 28.13 FEET, TO THE POINT OF BEGINNING.
AREA IS APPROXIMATELY 855 SQUARE FEET
LC ENGINEERING GROUP, INC.
CONSULTING ENGINEERS
889 Pierce Court, Suite 101, Thousand Oaks, California 91360 9-28-17 818-991-7148 • 805-497-1244 • lcegroupinc.com • [email protected] EXHIBIT"A"
STORM DRAIN EASEMENT QUITCLAIM
LEGAL DESCRIPTION
PORTION OF APN 4350-021-010 AND PORTION OF APN 4350-021-012
THAT PORTION OF THAT CERTAIN STORM DRAIN EASEMENT DEDICATED TO THE CITY OF BEYERL Y HILLS WITHIN LOTS 4 AND 5, AS SHOWN ON TRACT MAP 13101, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, RECORDED JUNE 19, 1946, IN BOOK 280, PAGES 1 TO 9,
INCLUSIVE OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER, INCLUDED WITHIN A STRIP OF LAND 10 FEET WIDE, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 5, DISTANT THEREON NORTH 69°38'00" EAST 6.22 FEET FROM THE MOST NORTHWESTERLY CORNER OF SAID LOT 5; THENCE SOUTH 69°38'00" WEST
6.22 FEET TO SAID NORTHWESTERLY CORNER OF SAID LOT 5, BEING A POINT ON THE NORTHEASTERLY LINE OF SAID LOT 4, ALSO BEING THE BEGINNING
OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 30.00 FEET, A RADIAL LINE TO SAID POINT ON SAID CURVE, BEARS NORTH 69°38'00" EAST; THENCE IN A GENERALLY NORTHWESTERLY DIRECTION 7.29 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13°55'16"; THENCE ALONG THE SIDELINES OF SAID EASEMENT THE FOLLOWING TWO COURSES:
1 ST: SOUTH 16°07'00" WEST 36.25 FEET; THENCE
2ND: SOUTH 50°13'00" EAST 58.11 FEET, TO A POINT ON THE SOUTHEASTERLY LINE OF THE LAND DESCRIBED AS PARCEL 3 IN THE DOCUMENT RECORDED MAY 23, 2012, AS INSTRUMENT NO.
20120765363, OFFICIAL RECORDS;
THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 47°12'50" EAST 10.08 FEET; THENCE LEAVING SAID SOUTHEASTERLY LINE ALONG THE SIDELINES OF SAID EASEMENT THE FOLLOWING TWO COURSES:
1ST: NORTH 50°13'00" WEST 52.87 FEET; THENCE
2ND: NORTH 16°07'00" EAST 28.13 FEET, TO THE POINT OF BEGINNING.
AREA IS APPROXIMATELY 855 SQUARE FEET
1 OF 1
� LC ENGINEERING GROUP, INC.
CONSULTING ENGINEERS
889 Pierce Court, Suite 101, Thousand Oaks, California 91360 818-991-7148 • 805-497-1244 • cegroupinc.com • [email protected] 9-28-17
EXHIBIT “B”
MAP Of STORM DRAIN EASEMENT TO BE TERMINATED
B0785-0001\2131593v1.doc 4
EXHIBIT B"
MAP OF STORM DRAIN EASEMENT TO BE TERMINATED
B0785-0001\213 1593v1.doc 4
/
/
/
1 STORM DRAIN
EASEMENT DEDICATED
TO THE CI7Y OF
BEVERLY HILLS ON
TRACT NO. 13101,
MB 280/1—9 TO BE
QUITCLAIMED
EXHIBIT “B”
/
1 OF I
SCALE: 1”=40’
a,
/
I I
/
/
/
LC ENGINEERING GROUP, INC.
4=1Y55’16”
R=30.OO’
L= 7.29’
P.O.B.
N16’07’00”E
26.13’
0. S69’38’O0”W (RAD.)
APN 435r...f
Pf’.Lf’.T 5. TR !3!O MB,/
/
/ SE’LY LINE OF DOC.
//&—RECORDED 5/23/12 AS
INST. NO. 20120765363
/ O.R.
ip.j
NOT A PART
N47’12’50”E
10.06’ STORM DRAIN EASEMENT
QUITCLAIMED PER
_—7ThOCUMENT RECORDED
\ / 3/14/12 AS INST. NO. :.?M 435f’ / 20120399984 O.R.
LOT 4, TR 3O! MB F
280/H9
t
40’
CONSULTING ENGINEERS
889 Pierce Court, Suite 101, Thousand Oaks, California 91360 818-991-7148 • 805-497-1244 • lcegroupinc.com . workfilrs@Icegmupinccom 9-28-17
EXHIBIT"B" 1 OF 1
I
STORM DRAIN EASEMENT
/
QUITCLAIMED PER
DOCUMENT RECORDED
3/14/12 AS INST. NO.
2O12O399984 O.R.
N4712'50"E
1O.08'
\
\
\
I
•
�
vs(v ' I
40,s,-> "
, ....._ ....._
$6938'O0"W (RAD.)
sz2'
APN 4350-·02!· .. 012
/
....._ --.........___
POR LOT 5, TR I3IOI #MB
P.O.B. 280/9
N16O7'00"E ' SE'LY LINE OF DOC.
~28.13' A_RECORDED 5/23/12 AS
•
/ INST. NO. 2O12O765363
9% O.R
, O :,@, ., ~ , • Pi#N 435002.026
@: her7»,%,
·> • 7> &
4=1
R
3 =
5 3
5 0
'
.
1 O
6 O
"
' -
L=7.29'
AP#N 4350-02i-0i
LOT 4, TR 13IOI iB
280/i-9
r
I
I
s '
o,
.9
A i 9
9 o
I STORM DRAIN
EASEMENT DEDICATED
TO THE CITY OF
BEVERLY HILLS ON
TRACT NO. 131O1,
MB 28O/1--9 TO BE
QUITCLAIMED
I
I
I
I
SCALE: 1"=40'
9-28-17
o' 40' 20'
� LC ENGINEERING GROUP, INC.
CONSULTING ENGINEERS
889 Pierce Court, Suite 101, Thousand Oaks, California 91360 818-991-7148 • 805-497-1244 • lcegroupinc.com • [email protected]
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity ofthe 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 )
Onbefore me,
(here insert name and title ofthe officer)
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)
307$5-0001\2131593v1.doc 5
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
)
)
()fl De[ore fl€, _?
(here insert name and title of the officer)
personally appeared _, Who proved
to me on the basis of satisfactory evidence to be the person(s) whose narne(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.
bj19raIuTC_
B0785-000l\2131593vl.doc 5
(Seal)
Attachment 3
October 12, 2017 Planning Commission Staff Report
(Without Attachments)
Attachment 3
October 12, 2017 Planning Commission Staff Report
(Without Attachments)
V City of Beverly Hills
Planning Division 455 N Rexfctd Drive Beverly Nile, CA 80210 TEL, (310) 285-1141 FAX (310) 858-5966
Planning Commission Report
Meeting Date: October 12, 2017
Subject: 1184 AND 1193 LOMA LINDA DRIVE
Vacation of Storm Drain Easement and Offer of Dedication of Vehicle Access Easements (PWI 722714; PWI 724547; PW1 722717)
Planning Commission review of a requested storm drain easement vacation and an offer of dedication for improved emergency vehicle access easements for consistency with the General Plan. Pursuant to the provisions set forth in the California Environmental Quality Act (CEQA), staff recommends that the Planning Commission find the requested easement vacation and offer of dedication exempt from CEQA.
Project Applicant: Loma Linda Holdings, Ltd as a trustee of the Loma Linda Trust Recommendation: Staff recommends that the Planning Commission:
1. Conduct a public hearing and receive testimony on the Project;
2. Adopt the attached resolution finding that the storm drain easement vacation and dedication of vehicle access easements are consistent with the General Plan.
REPORT SUMMARY
Two proposed projects for new single family residences located at 1193 and 1184 Loma Linda Drive involve abandonment of an existing storm drain that is no longer in use, as well as street improvements on Loma Linda Drive (including emergency vehicle turnaround and street terminus modifications) consistent with the Fire Department’s goal of improving emergency vehicle access.
Accordingly, the Applicant developing the two new single-family development projects has requested vacation of the existing storm drain easement, and has offered dedication of an emergency vehicle access easement. This report analyzes both the proposed storm drain easement vacation and the emergency vehicle access easement dedication for consistency with the City’s General Plan. The purpose and scope of review for the Planning Commission is to determine whether the storm drain easement vacation and dedication of the emergency vehicle access easement are consistent with the General Plan, and the recommendation in this report is for the Planning Commission to make such findings in the affirmative.
Attachment(s): Report Author and Contact Information:
A. Required Findings Andre Sahakian, AICP, Senior Planner B. Beverly Hills Fire Department Memorandum (310) 285-1127 C. Draft Resolution Regarding Storm Drain Easement Vacation [email protected] D. Draft Resolution Regarding Emergency Vehicle Access Easement Dedications E. City Storm Drain Easement Quitclaim
F. Emergency Vehicle Turnaround Plan
327
BEVERL
HILLS
Meeting Date:
Subject:
City of Beverly Hills
Planning Division
455N. Rexford Drive Beverly Hils, CA 90210
TEL. (310) 285-1141 FAX (310) 858-5966
Planning Commission Report
October 12, 2017
1184 AND 1193 LOMA LINDA DRIVE
Vacation of Storm Drain Easement and Offer of Dedication of Vehicle Access Easements (PW1722714; PW1724547; PW1722717)
Planning Commission review of a requested storm drain easement vacation and an offer of dedication for improved emergency vehicle access easements for consistency with the General Plan. Pursuant to the provisions set forth in the California Environmental Quality Act (CEQA), staff recommends that the Planning Commission find the requested easement vacation and offer of dedication exempt from CEQA.
Project Applicant: Loma Linda Holdings, Ltd as a trustee of the Loma Linda Trust Recommendation: Staff recommends that the Planning Commission:
1. Conduct a public hearing and receive testimony on the Project;
2. Adopt the attached resolution finding that the storm drain easement vacation and dedication of vehicle access easements are consistent with the General Plan.
REPORT SUMMARY
Two proposed projects for new single family residences located at 1193 and 1184 Loma Linda Drive involve abandonment of an existing storm drain that is no longer in use, as well as street improvements on Loma Linda Drive (including emergency vehicle turnaround and street terminus modifications) consistent with the Fire Department's goal of improving emergency vehicle access.
Accordingly, the Applicant developing the two new single-family development projects has requested vacation of the existing storm drain easement, and has offered dedication of an emergency vehicle access easement. This report analyzes both the proposed storm drain easement vacation and the emergency vehicle access easement dedication for consistency with the City's General Plan. The purpose and scope of review for the Planning Commission is to determine whether the storm drain easement vacation and dedication of the emergency vehicle access easement are consistent with the General Plan, and the recommendation in this report is for the Planning Commission to make such findings in the affirmative.
Attachment(s):
A. Required Findings
B. Beverly Hills Fire Department Memorandum
C. Draft Resolution Regarding Storm Drain Easement Vacation D. Draft Resolution Regarding Emergency Vehicle Access Easement Dedications E. City Storm Drain Easement Quitclaim
F. Emergency Vehicle Turnaround Plan
Report Author and Contact Information:
Andre Sahakian, AICP, Senior Planner
(310) 285-1127
[email protected]
327
BACKGROUND
File Date
Application Deemed Complete
CEQA Recommendation
Permit Streamlining
Applicant(s)
Owner(s)
Representative(s)
Prior PCAction
Prior Council Action
PROPERTY AND NEIGHBORHOOD SETTING
Address
Assessor’s ID No.
Zoning District
General Plan
Existing Land Use(s)
Planning Commission Report
1184 and 1193 Loma Linda Drive
October 12, 2017
Page2oflO
1193 Loma Linda Storm Drain Easement Vacation: 09/14/2017 1193 Loma Linda Vehicle Access Easement: 09/25/2017
1184 Loma Linda Vehicle Access Easement: 09/14/2017
1193 Loma Linda Storm Drain Easement Vacation: 09/14/2017 1193 Loma Linda Vehicle Access Easement: 09/25/2017
1184 Loma Linda Vehicle Access Easement: 09/14/2017
Categorical Exemption
Within 40 days after the matter is submitted to the Planning Commission (11/21/2017)
Loma Linda Holdings, Ltd as a trustee of the Loma Linda Trust Loma Linda Holdings, Ltd as a trustee of the Loma Linda Trust Crest Real Estate
Reso No. 1690 (08/12/13) — Approving a lot line adjustment between 1184 Loma Linda Drive and 1117 Sutton Way.
Reso No. 1691 (08/12/13) — Recommending adoption of an
ordinance amending the Municipal Code regarding lot line adjustments for legally nonconforming lots.
Ordinance No. 13-0-2648 (Effective 11/03/2013) — Amending the Municipal Code regarding lot line adjustments for legally nonconforming lots.
1184 and 1193 Loma Linda Drive
4350-020-010 and 4350-021-012
R-IX
One-Family Residential
Vacant
328
Planning Commission Report
1184 and 1193 Loma Linda Drive
October 12, 2017