RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO:
CITY OF DIAMOND BAR
21810 COPLEY DRIVE
DIAMOND BAR, CA 91765
ATTENTION: CITY CLERK
Recording Fees Exempt per Govt. Code §§ 6103, 27383 Space Above for Recorder's Use DOCUMENTARY TRANSFER TAX $ PUBLICAGENCY EXEMPTION FROM RECORDING FEE Computed on the consideration or value of property REQUESTED PURSUANT TO GOVERNMENT Compic on the consideration or value les liens CODE § 6103 or encumbrances remaining at time of sale
Signature of Declarant or Agent determining tax-
The undersigned Grantee declares that this document is recorded at the request of and for the benefit of the City of Diamond Bar and is therefore exempt from the payment of the recording fee pursuant to Government Code Section 6103 and from the payment of the documentary transfer tax pursuant to Revenue and Taxation Code Section 11922.
A.P.N.: 8285-028-034
City of Diamond Bar, California
SIDEWALK EASEMENT AGREEMENT
THIS SIDEWALK EASEMENT AGREEMENT (this "Agreement") is made and entered into this _day of _, 2025 by Evangelical Free Church of Diamond Bar, a California corporation ("Grantor"), and the City of Diamond Bar, California, a California Municipal Corporation ("Grantee").
RECITALS:
A. Grantor owns that certain real property and improvements located at 3255 South Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California, commonly known as the Evangelical Free Church of Diamond Bar, a California corporation as legally described on Exhibit A, attached (the "Property").
B. In connection with Grantor's application to Grantee for a permit to perform certain work at the Property, including the improvement of drive approaches onto the public right-of- way, Grantee is requiring Grantor to grant this casement.
C. Grantor desires to grant to Grantee an easement over a portion of the Property for Grantee's maintaining the extension of the sidewalk right-of-way on the terms and conditions set out herein.
AGREEMENT:
1. Grant of Easement. Grantor hereby grants to Grantee for the use of the public, a nonexclusive, perpetual easement (the "Easement") over and across that certain real property legally described on the attached Exhibit B and depicted on the attached Exhibit C (the "Easement Area") for the purpose of maintaining an extension of the sidewalk right-of-way (the "Sidewalk"), and for no other purpose without Grantor's written consent.
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DCAPDX15024258.v3
2. Appurtenant. The Easement shall be appurtenant to and shall run with the land as to the property burdened thereby. The Easement and all rights granted in this Agreement shall be subject to all other easements and encumbrances of record on the date of recording hereof.
3. Maintenance of Easement Area. Grantee shall be responsible for the maintaining the Easement Area in good order and repair, and all costs and expenses of such maintenance shall be borne by Grantee. Upon the completion of any work done in the Easement Area, Grantee shall return the Easement Area to as good a condition as existed prior to any such work, including, but not limited to, the restoration of any concrete, asphalt, topsoil, lawn and nursery stock of like kind and quality.
4. Attorney Fees and Costs. In the event either party breaches any obligation under this Agreement, the nonbreaching party shall be entitled to all costs and expenses incurred, including reasonable attorney fees, as a result of the breach. In addition, in the event suit or action is instituted to enforce any of the terms of this Agreement, the prevailing party shall be entitled to recover from the other party such sum as the court or arbitrator may adjudge reasonable as attorney fees in arbitration, at trial, and on appeal of such suit or action, in addition to all other sums provided by law.
5. Indemnification. Each party shall defend, indemnify, and hold the other party, its officers nis, losses, se, and expenses, ines dig atomily festand catarising to or cans. by: (a) any negligent or intentional act or omission by the indemnifying party, its employees, agents, or contractors, in any way connected with the indemnifying party's use of the Easement or the Property.
6. Amendments. This Agreement may be amended or terminated only by a written instrument executed by Grantor and Grantee and recorded in the official real property records of Los Angeles County, California.
1. Entire Agreement. This Agreement contains the entire agreement between the parties and incorporates and supersedes all prior understandings and agreements, both written and oral with regard to the subject matter hereof.
[Signature page follows]
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DCAPDX15024258.v3
IN WITNESS WHEREOF, this Agreement was executed on the day and year first above written.
GRANTOR: GRANTEE:
Evangelical Free Church of Diamond Bar, City of Diamond Bar, California, a California corporation a California Municipal Corporation Pim Dohn Hamel By:
Hamel Print Name: Dan Fox
Title: Awavers Title: City Manager
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DCAPDX15024258.v3
ACKNOWLEDGEMENT
Evangelical Church of Diamond Bar, a California corporation 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 )
SS.
COUNTY OF Los Anois
On April 21, 2025 before me, Debbie Longacre, a Notary Public, personally oha HONTEl - who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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.
sangaral
Signature
DEBBIE K. LONGACRE
Natary Public - California
Los Angeles County
Commission # 2437582
My Comm. Expires Mar 7, 2027
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DCAPDX\5024258.v3
ACKNOWLEDGEMENT
CITY OF DIAMOND BAR, CALIFORNIA
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 )
) SS.
COUNTY OF
On _ before me, _, a Notary Public, personally
_ who proved to me on the basis of
satisfactory evidence to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature 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
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DCAPDX\5024258.v3
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property granted by easement dated, 2025 from Evangelical Church of Diamond Bar, a California corporation, to the CITY OF DIAMOND BAR, a governmental agency and California municipal corporation, is hereby accepted by the undersigned officer on behalf of the Diamond Bar City Council pursuant to _ 2025 by the Diamond Bar City Council, and the
grantee consents to recordation thereof by its duly authorized officer.
Dated:
By:
Dan Fox, City Manager
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DCAPDX15024258.v3
PAGE 1 OF 1
IN THE CITY OF DIAMOND BAR
EXHIBIT A"
(LEGAL DESCRIPTION OF THE PROPERTY)
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF DIAMOND BAR, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 19 OF TRACT NO. 33417, IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 909, PAGE(S) 37 THROUGH 39 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 8285-028-034
legal-sidewalk casements - EXHIBIT A
PAGE 1 OF 2
IN THE CITY OF DIAMOND BAR
EXHIBIT "B"
EASMENT AREA
(LEGAL DESCRIPTION)
THAT PORTION OF LOT 19 OF TRACT NO. 33417, IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 909, PAGES 37 THROUGH 39, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
PARCEL "A"
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 19, SAID POINT ALSO BEING ON
THE NORTHERLY RIGHT-OF-WAY OF DIAMOND BAR BOULEVARD AS SHOWN ON SAID TRACT NO. 33417; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY, SOUTH 66°03'53" WEST 173.41 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY, SOUTH 66°03'53" WEST
27.63 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 950.00 PEEI;
THENCE SOUTHWESTERLY 3.90 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01°14'06" TO A POINT DESIGNATED AS POINT 'A';
THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY NORTH 21°03'49" EAST 2.35 FEET TO THE BEGINNING OF A NON-TANGENT CURVE HAVING A RADIUS OF 948.33 FEET AND BEING CONCENTRIC WITH AND 1.67 FEET NORTHERLY OF SAID NORTHERLY RIGHT-OF-WAY, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 23°48'02" EAST; THENCE NORTHEASTERLY 2.23 FEET ALONG SAID CONCENTRIC CURVE THROUGH A CENTRAL ANGLE OF 00°08'05" TO A LINE PARALLEL WITH AND 1.67 FEET NORTHERLY, MEASURED AT RIGHT ANGLES FROM SAID NORTHERLY RIGHT-OF-WAY;
THENCE ALONG SAID PARALLEL LINE, NORTH 66°03'53" EAST 25.96 FEET; THENCE SOUTH 68°56'11" EAST 2.36 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING AN AREA OF APPROXIMATELY 50 SQUARE FEET OR 0.001 ACRES.
PARCEL "B"
COMMENCING AT HEREINABOVE DESCRIBED POINT 'A', SAID POINT BEING ON THE
NORTHERLY RIGHT-OF-WAY OF DIAMOND BAR BOULEVARD, ALSO BEING ON A CURVE, CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 950.00 FEET; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY SOUTHWESTERLY 155.28 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09°21'54" TO THE TRUE POINT OF BEGINNING, A RADIAL LINE TO SAID POINT BEARS SOUTH 14°20'07" EAST;
THENCE CONTINUING SOUTHWESTERLY 43.54 FEET, ALONG SAID NORTHERLY RIGHT-OF-WAY, THROUGH A CENTRAL ANGLE OF 02°37'34";
legal-sidewalk easements
PAGE 2 OF 2
THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY NORTH 33°35'56" EAST 2.38 FEET TO THE BEGINNING OF A NON-TANGENT CURVE HAVING A RADIUS OF 948.33 FEET AND BEING CONCENTRIC WITH AND 1.67 FEET NORTHERLY OF SAID NORTHERLY RIGHT-OF-WAY, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 11°48'40" EAST; THENCE NORTHEASTERLY 40.12 FEET ALONG SAID NON-TANGENT CURVE AND SAID CONCENTRIC CURVE THROUGH A CENTRAL ANGLE OF 02°25'27;"
THENCE SOUTH 59°04'03" EAST 2.35 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING AN AREA OF APPROXIMATELY 70 SQUARE FEET OR 0.002 ACRES.
AS SHOWN ON THE ATTACHED EXHIBIT "C" AND BY THIS REFERENCE MADE A PART HEREOF.
SUBJECT TO EASEMENTS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, RIGHTS, RIGHTS-OF-WAY, AND OTHER MATTERS OF RECORD, IF ANY.
LEGAL DESCRIPTION PREPARED UNDER THE SUPERVISION OF: AND JEROME K. ALLEN
Jerre K Allen 03-19-25 NO. 7157
JEROME K. ALLEN, P.L.S. 7157 DATE
OF
legal-sidewalk casements
33417 M.B./909/37-38
JEROME K. ALLEN
SCALE NO. 7157
*
CHANNEL leone K Alter
/ TRACT
NOT LOT LOT CHERRYDALE DRIVE
L.A.C.F.D. S11'48'40"E
(RADIAL)
$14º14'OZ"E 25.96'
L3. 1.67' (RADIAL)
S23'48'02"E 1.67° P.O.C
C4
S11'42'33"E _ L4 (RADIAL) -12 A
C2
(RADIAL) 11=
$14°20'0Z"E/ C5 C1
-(RADIAL) S23'42'01 "E / (N66°03'53"E N66°03'53'F
(RADIAL) 27.63 140.00'
POINT À_] - E-
T.P.O.B. N66°03'53"E
PARCEL "B" T.P. O.B.
PARCEL "A" (BASIS OF BEARINGS)
DIAMOND BAR BOULEVARD
LINE DATA TABLE
LINE BEARING DISTANCE NOTES:
L1 N21 '03 49"E 2.35' A SOUTHEAST CORNER OF LOT 19 OF TRACT NO.
N68:61W 2.36' 33417, M.B. 909, PAGES 37 THROUGH 39,
L2
N3335'56"E INCLUSIVE OF MAPS.
L3 2.38
L4 M59104°03M 2.35' ® SOUTHEASTERLY LINE OF LOT 19 AND
L5 2356'07 W 50.00' NORTHERLY RIGHT-OF-WAY OF DIAMOND BAR BOULEVARD AS SHOWN ON TRACT NO. 33417,
CURVE DATA TABLE M.B. 909, PAGES 37 THROUGH 39, INCLUSIVE CURVE DELTA RADIUS LENGTH OF MAPS.
C1 0014'06" 950.00 3.90 NORTHEASTERLY LINE OF LOT 19 OF TRACT NO.
C2 0008'05" 948.33' 2.23" 33417, M.B. 909, PAGES 37 THROUGH 39, C3 02'37'34" 950.00 43.54 INCLUSIVE OF MAPS.
C4 02'25'27" 948.33 40.12° P.O.C. = POINT OF COMMENCENT C5 09'21'54" 950.00 155.28 T.P.O.B. = TRUE POINT OF BEGINNING M.B. = MAP BOOK
BASIS OF BEARINGS:
THE BEARING OF N66'03'53"E FOR THE CENTERLINE OF
DIAMOND BAR BOULEVARD AS SHOWN ON TRACT NO.
33417, FILED IN M.B. 909, PAGES 37 THROUGH 39,
INCLUSIVE OF MAPS, RECORDS OF LOS ANGELES
COUNTY, WAS USED AS THE BASIS OF BEARINGS FOR
THIS EXHIBIT. ALL DIMENSIONS SHOWN HEREON ARE INDICATES AREA RECORD PER SAID MAP. OF EASEMENT
NOTE: AREA OF EASEMENTS:
AS DESCRIBED ON THE ATTACHED EXHIBIT "B" AND BY PARCEL "A" = 50 SQUARE FEET THIS REFERENCE MADE A PART THEREOF. PARCEL "B" = 70 SQUARE FEET Prepared by: EASEMENT AREA
-Jossph C. Truxam and Associates, Inc: IN THE CITY OF DIAMOND BAR Civil Engineers and Land Surveyors DRAWN; JKA CDB PAGE 1 OF 1 CHKD:
1915 W. Orangewood Ave, Sulte 101, Orange, CA EXHIBIT "C" (714) 935-0265 www.truxaw.com DATE: 03-19-25 DATE: 03-19-25 EFC17068