City of Manhattan Beach
, RIGHT OF WAY CONTRACT - STATE HIGHWAY
RW 8-3 (Rev. 6/1995)
DIST
07 co
LA
RTE
SRI
POST
22.895
EXP AUTH
DATE
GRANTOR
Anne-Merelie Murrell, as sole trustee ofMurrell Living Trust dated November 1, 1989, as amended and restated Grant of Easement Deed attached as Exhibit "A" and a Temporary Construction Easement Deed (TCE) attached as Exhibit "B" covering the property particularly described in the above instmments has been executed and delivered to Interwest Consultins Group, Right of Way Consultant for the City of Manhattan Beach by Anne-MereIie Murrell, as sole trustee of]VIurrell Living Trust dated November 1, 1989, as amended and restated ("Grantor").
In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows:
1. (A) The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the City of Manhattan Beach ("City/Grantee") all further obligation or claims on this account, or on account of the location, grade or constmction of the proposed public improvement. (B) Grantee requires said property described in Exhibits "A" and "B" to provide the continuity of pedestrian accessible facilities along Manhattan Beach Blvd. and Sepulveda Blvd. by upgrading and reconstmcting existing sidewalks, driveways, and curb ramps to meet ciirrent Americans with Disabilities Act (ADA) standards, for City/State highway purposes, a public use for which Grantee has the authority to exercise the power of eminent domain. Grantor(s) is compelled to sell, and Grantee is compelled to acquire the property.
Both Grantor(s) and Grantee recognize the expense, time, effort, and risk to both parties in detennining the compensation for the property by eminent domain litigation. The compensation set forth herein for the property is in compromise and settlement, in lieu of such litigation.
2. The City shall:
(A) Pay the undersigned grantor(s) the sum of Two hundred Eishfrv-Four Thousand Dollars and 0/100 ($284,000) for the property or interest conveyed by above document(s) (including all trees, growths (growing or that may hereinafter grow) and road building materials within said property being conveyed including the right to take water, together with the right to use same in such manner and at such location as the State of California may deem proper, needful or necessary for the constmction, reconstmction, improvement or maintenance of the highway) when title to said property vests in the City free and clear of all liens, encumbrances, assessments, easements and leases (recorded and/or unrecorded) and taxes, except:
a. Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner required by Section 5086 of the Revenue and Taxation Code, if unpaid at the close of escrow.
b. Covenants conditions, restrictions and reservations of record, or contained in the above- referenced document.
City of Manhattan Beach
RIGHT OF WAY CONTRACT - STATE HIGHWAY
RW 8-3 (Rev. 6/1995)
c. Easements or rights of way over said land for public or quasi-public utility or public street purposes, if any.
d. Mineral of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil, gas, uranium in,on,under and that may be produced from the Land, together with all rights, privileges, and immunities relation thereto, whether or not appearing in the Public Records.
(B) Pay all escrow and recording fees incurred in this transaction and, if title insurance is desired by the City, the premium charged therefor. Said escrow and recording charges shall not, however, include documentary transfer tax.
(C) Have the authority to deduct and pay from the amoimt shown on Clause 2(A) above, any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest thereon, and/or delinquent and unpaid nondelinquent assessments which have become a lien at the close of escrow.
3. Permission is hereby granted to the City or its authorized agent to enter upon Grantor's land where necessary within the certain area shown in the Temporary Construction Easement as Exhibit "B" attached hereto and made a part hereof, for the purpose of providing the continuity of pedestrian accessible facilities along Manhattan Beach Blvd. and Sepulveda Blvd. by upgrading and reconstmcting existing sidewalks, driveways, and curb ramps to meet current Americans with Disabilities Act (ADA) standards.
4. This Temporary Constmction Easement shall commence upon the date the project receives right of way certification by Caltrans and terminate no later than thirty-six (36) months following Caltrans certification or completion of the project, whichever occurs first.
5. The undersigned Grantor(s) warrant(s) that they are owner(s) in fee simple of theproperty affected by this Temporary Easement as described in Clause 3 & 4 above and that they have the exclusive right to grant this Temporary ConsfaTiction Easement.
6. It is understood and agreed by and between the parties hereto that the payment in Clause 2 (A) includes the sum of Two Hundred Eiehty-Four Thousand Dollars ($284,000) for the Grant of Easement, Temporary Construction Easement, and Improvements.
7. Permission is hereby granted to City or its authorized agent to enter on my/our land, where necessary, to (relocate or reconstruct driveway approaches, sidewalks, utilities, etc.), as shown on the attached map(s) and as described in Clause Six (6) of this Contract. I (we) understand and agree that after completion of the work described in Clause Six (6), said facility(ies) will be considered as my/our sole property and I (we) will be responsible for its/their maintenance and repair.
8. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the City, including the right to remove and dispose of improvements, shall commence on the date the amount of funds as specified in Clause 2(A) herein are deposited into the escrow controlling this transaction. The amount shown in Clause 2(A) herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date.
9. The Grantor agrees that no improvements, other than those already on the property, shall be placed thereof; and the planting of any crops, trees, or shrubs or alterations, repairs, or additions to existing City of Manhattan Beach
RIGHT OF WAY CONTRACT - STATE HIGHWAY
RW 8-3 (Rev. 6/1995)
improvements which may hereafter be placed thereon are at Grantor's risk and without expectation of payment if removed by the City.
10. The parties to this contract shall, pursuant to Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements ofTitle VI of the Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT Non-Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Parts 21 and 28 C.F.R.
Section 50.3.
Further, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, bedenied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this contract.
11. In consideration of the City's waiving the defects and imperfections in the record title, as set forth in Paragraph 2(a), the undersigned Grantor covenants and agrees to indemnify and hold the City of Manhattan Beach harmless from any and all claims that other parties may make or assert on the title to the premises. The Grantor's obligation herein to indemnify the City shall not exceed the amount paid to the Grantor under this contract.
12. All work done under this agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner. All structures, improvements or other facilities, when removed, and relocated, or reconstmcted by the City, shall be left in as good condition as found.
13. Grantor warrants that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and the grantor agrees to hold City harmless and reimburse City for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of grantor for a period exceeding one month.
14. It is agreed that the net proceeds of the amount payable under Clause 2(A) above shall be paid as follows:
Anne-Merelie Murrell, as Trustee of the Murrell Living Trust, dated November 1,1989 This transaction will be handled through an internal escrow with the Orange Coast Title Company:
Orange Coast Title Co.
Escrow Officer CIaudia Holcomb
(909) 987-5433, ext. 1511
CIaudiaJiCw.octitle.com
2151 E. Convention Center Way, Suite 102
Ontario, CA 91764
City of Manhattan Beach
RIGHT OF WAY CONTRACT - STATE HIGHWAY
RW 8-3 (Rev. 6/1995)
IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written.
GRANTOR:
Anne-MereIie JVIurrell, as sole trustee of Murrell Living Trust dated November 1,1989, as amended and restated
By: ^tx^ '/h ^^4tA 'TD^i^tjU^
Print Name:4n»»<?-M<.^*.Ji)e ^t.i.^i]
Title: Trc/^ ^e-e-
Date: /^^ /<£>- »2c?3-^
GRANTEE:
CITY OF MANHATTAN BEACH, a municipal corporation of the State of California, By: _ Date:
Print Name:
Title:
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED.
City of Manhattan Beach
RIGHT OF WAY CONTRACT - STATE HIGHWAY
RW 8-3 (Rev. 6/1995)
EXHIBIT "A"
Grant of Easement Deed
Reco rd ed at the request of
City of Manhattan Beach
When Recorded Mail to:
City of Manhattan Beach
Engineering Department
Attn: Helen Shi, Sr. Civil Engineer
3621 Bell Avenue
Manhattan Beach, CA 90266
Space above this line for Recorder's Use
APN 4170-026-022
GRANT OF
EASEMENT
DistrictCountyRoutePostmileNumber
7LASR122.895
This instrument is exempt from Filing Fees (Govt. Code § 6103), Recording Fees (Govt. Code § 27383), and from Documentary Transfer Tax (Rev. & Tax Code § 11922).
Anne-Merelie Murrell, as sole trustee of Murrell Living Trust dated November 1,1989, as amended and restated hereinafter called ("Grantor"), hereby grants to the City of Manhattan Beach, a municipal corporation of the State of California, ("Grantee"), and their assigns, a permanent exclusive easement for public use for sidewalk, roadway and utility purposes, upon, over and across that real property in the City of Manhattan Beach, County of Los Angeles, State of California, described as follows:
See Exhibit "A" and "B", attached.
The GRANTOR hereby further grants to STATE all trees, growths (growing or that may hereinafter grow) and road building materials within the right of way including the right to take water, together with the right to use same in such manner and at such location as the STATE may deem proper, needful or necessary for the construction, reconstruction, improvement or maintenance of the highway.
The GRANTOR, for itself and its successors and assigns, hereby waives any and all claims for damages to GRANTOR'S remaining property contiguous to the right of way conveyed by reason of the location, construction, landscaping or maintenance of the highway.
GRANTOR: Anne-Merelie Murrell, as
sole trustee of Murrell Living Trust
dated November 1,1989, as amended
and restated
Date: //- LO- 1^ -z^^By(^*^<- 'TrLe^^^l 7y^^^\^^
Print Name: Anne-Merelie Murrell
Title:Trustee
BKFAugu.st 16,2022
BKF Job No: 20212007-50
EXHIBIT "A"
Legal Description
BEING A PORTION OF LOT 24. IN BLOCK 3 OF TRACT NO. 142, IN THE CUT OF XLWHATTAN BEACH, COVNTi OF LOS ANGELES, STATE OF CALIFORNLA, MOKE PARTICULAiyLYDESC-PJBED AS FOLLOWS:
C'ONDIENCr^G AT THE SOLTHEAST CORNER OF SAID LOT 24, SAID PODsTT ALSO BEING THE SOLTEIEAST CORNER OF A FL^LIC RIGHT-OF-WAY EASEMENT PER RECORDED DOG'L^'IENT N BOOK 54S35, PAGES 259 THROUGH 260, DATED JUNE 6, 1957 IN SAID COLTSTY RECORDER;
TEIENCE ALONG THE EAST LINE OF SAID LOT 24. NORTH 00° 01' 45" EAST. 125.20 FEET:
THENCS ALONG THE NORTH UNE OF SAID LOT 24, NORTH 89s 48' 00" \\TiST. 4.00 FEET TO THE TRVi POE^T OT BEGES>TS~G;
THENCE L£A\TNG SAGD NORTH LINE, SOUTH 00° 01' 45'- ?.7EST, 112.15 FEJE:T TO THE BEGINNING OF A TANGENT C<UR\7E, CONCA\T NORTHWESTERLY, \\Tm A RADIUS OF 13.00 FEET;
THENCE SOUTH%rESTERLY ALONG SAID CUR\T. THROUGH A CENTRAL ANGLE OF S2E 14'49"\ A DISTANCE OF 1S.66FEET:
THENCE NORTH OO9 05' 39" \\?EST, 17.55 FEET;
IHENCE NORTH 5S3 26' 49" EAST, 7.38 FEET;
THENCE NORTH 00° 01' 45" EAST, 103.64 FEET TO THE NORTHUNE OF SAID LOT 24; THENC-E ALONG SAID NORTH LINE SOUTH 89° 4Sr 00" EAST, 5.00 FEET TO THE TRI1:
POECT OF BEGD.MNG;
CONTADONG AN AREA OF APPROXDIATELY 71^ SQl^ARE FEET.
AS SHOn-N ON THE ATTACHED EXBIBFT "B" AND BY THIS REFERENCE MADE PARTHEMEOF.
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Suite 400
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phone 949.S2&.S460
fax 949 ^26^49 9
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BKFAugust 16, 2022
BKF Job No: 20212007-50
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APN: 4170-026-022
1101 N. SEPULVEDA BLVD
IN THE CIT^ OF MANHATTAN BEACH,
COUNTY OF LOS ANGELES.
STATE OF CALIFORNIA.
~^K»
4675 MACARTHUR COURT
SUfTE 400
NEWPORT SEA.CH, CA 82660
9*3-526-8460
840-536-8493 (FAX)
Subject EXHIBIT *B"
ACQUISITION PLAT
Job No,
By JF_
20212007-50
Dote 8/16/22
SHEET 1
Chkd. NP
.OFJ_
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 ^5 /IA/^©L^
)
)ss.
)
On OcjrvbCr- 10 , 2023, before me, J<^£^ I^UlT-l-Z^tc^. Notary Public, personally appeared /?/?/! & - fYlc^^fl C /71u/'r^// , who proved to me on the basis of satisfactory evidence to be the person(^) whose namef^f is/y6 subscribed to the within instrument and acknowledged to me that l^/she/ttie^ executed the same in j^/her/tl^r authorized capacity(ip^, and that by ],»g7her/t^eG- signature(s) 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 irue and correct.
WITNESS my hand and official seal.
SignaUire_.(Se,al)
I
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u
I
JESS HURTARTE I
COMM.# 2446043 g
NOTARY PUBLIC .CALIFORNIA 0
LOS ANGELES COUNTY '"'
My Cofflm. Expires May 6,2027
•t' ' '
CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed to the City of Manhattan Beach by that certain Grant of Easement Deed dated Oc</<s>fc<t^ /o _, 2023, executed by Anne-Merelie Murrell, as sole trustee of Murrell Living Trust dated November 1,1989, as amended and restated, hereby accepted by the undersigned office on behalf of the City of Manhattan Beach pursuant to the authority conferred by the City of Manhattan Beach at the City Council closed session meeting held on _, 2023, and the grantee consents to recordation thereof by its duly authorized officer.
Dated:_, 2023
Sign,.
Print Name:
Title:
City of Manhattan Beach
RIGHT OF WAY CONTRACT - STATE HIGHWAY
RW 8-3 (Rev. 6/1995)
EXHIBIT "B"
Temporary Construction Easement
12100-0008\1976498v1.doc
-1-
RECORDING REQUESTED BY,
AND WHEN RECORDED RETURN TO:
City of Manhattan Beach
1400 Highland Avenue
Manhattan Beach, CA 90266
Attn: City Clerk
APN: 4170-026-022
[SPACE ABOVE FOR RECORDER’S USE ONLY]
TEMPORARY CONSTRUCTION EASEMENT DEED
This transfer is exempt from Documentary Transfer Tax as a conveyance for no cons
ideration, and is exempt from Recording Fees pursuant to California Government Code Section 6103.
Anne-Merelie Murrell, as sole trustee of Murrell Living Trust dated November 1, 1989, as amended and restated, hereinafter referred to as “GRANTOR,” is the owner of that real property in the City of Manhattan Beach, County of Los Angeles, State of California, on the property commonly known as 1101 N. Sepulveda Blvd., Manhattan Beach, CA 90266, identified as County Assessor’s Parcel Number 4170-026-022, and described in Exhibit “A” attached hereto and incorporated by reference herein (hereinafter referred to as the “Property”).
For a valuable consideration, receipt of which is hereby acknowledged, GRANTOR hereby grants to the City of Manhattan Beach, a municipal corporation in the County of Los Angeles, State of California, and its contractors, successors and assigns, referred to collectively as “GRANTEE”, a thirty-six month Temporary Construction Easement for the Sepulveda Blvd. & Manhattan Beach Blvd. Project (Project) and to utilize said Temporary Construction Easement for all project related activities and purposes in, on, over, under, through, and across that certain parcel of land described and depicted in Exhibits “B” and “C”, attached hereto and incorporated herein (“Temporary Construction Easement Area”).
Such use shall include the right to temporarily place equipment, materials and vehicles, and pile earth thereon during periods of active construction, and the right to conduct grading and pavement and curb restoration work and other related activities in conjunction with the construction of the Project. GRANTOR may jointly traverse the Temporary Construction Easement Area for ingress and egress purposes whenever clear and safe access routes are available. GRANTOR acknowledges herein that there will be some access delays and obstructions within the Temporary Construction Easement Area from time to time as Project construction work is underway.
This Temporary Construction Easement shall be for a period not to exceed thirty-six (36) months, commencing upon the date the project receives right of way certification by Caltrans .
This Temporary Construction Easement shall expire and all rights to the above-described property t*
conveyed herein shall cease and terminate no later than Thirty-six (36) months after Caltrans approves the right of way certification of this project. Such rights may also be terminated prior to the expiration of this period by City upon written notice to Grantor.
GRANTOR hereby warrants and represents that they are the sole owner of the Real Property upon which this Temporary Constmction Easement is located, and that GRANTOR holds sufficient title in said property to fully grant to GRANTEE the Temporary Construction Easement described herein without conflict with any other interests.
This Grant of Temporary Construction Easement shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and assigns to the parties hereto.
GRANTEE'S rights and obligations herein are assignable and transferable by GRANTEE, in whole or in part, to GRANTEE'S contractor(s), successors and assignees.
IN WITNESS WHEREOF, the undersigned grantor has executed this Temporary Construction Easement Deed as of the date set forth below.
Dated:^/^_
1 _, 2023
GRANTOR:
Anne-Merelie Murrell, as sole trustee of Murrell
Living Trust dated November 1, 1989,as
amended and restated
By: C^y^v- ^7 /^e^Je ^^^^ ^
Print Name: Anne-Merelie Murrell
Title: Tmstee
Date: <^n^ - 9>7^^^4^ '?%^^i^Z^
NOTARY ACKNOWLEDGEMENT ATTACHED
-3-
12100-0008\1976498v1.doc
EXHIBIT “A”
Legal Description of Subject Parcel
The land referred to in this report is situated in the City of Manhattan Beach, the County of Los Angeles, State of California, and is described as follows:
L
ots 22, 23 and 24 in Block 3 of Tract No. 142, in the City of Manhattan Beach, County of Los Angeles, State of California, as per Map Recorded in Book 13, Pages 182 and 183 of Maps, in the office of the County Recorder of said County.
A
ssessor's Parcel Numbers(s): 4170-026-022
EXHIBIT “B”
Legal Description of Temporary Construction Easement
EXHIBIT “C”
Map Depiction of Temporary Construction Easement
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 /^tf^t^CS )
On Off /O , 2023, before me, >^^ss ^Urt~q-V"l~^ , Notary Public, personally appeared /^-/7/?fi- ///^f^//^^ /T](J^C{1 , who proved to me on the basis of satisfactory evidence to be the person^ whose name(^T \slyt subscribed to the within instmment and acknowledged to me that ]a€/she/tl^ executed the same in J^S/her/t^if authorized capacity(ip^), and that by ^/her/tlietfsignatiu-e^ 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 tme and correct.
WITNESS my hand and official seal.
Signature_
A
(Seal)
^ ^;2
JESS HURTARTE 1
COMM.# 2446043 m
NOTARY PUBLIC . CALIFORNIA ^
tOSANGElESCOUNH >->
My Comm. Expires May 6,2027
••
CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed to the City of Manhattan Beach by that certain Temporary Construction Easement Deed dated Qc^o^xy- 'o _,2023, executed by Anne-Merelie IVIurrell, as sole trustee of Murrell Living Trust dated November 1,1989, as amended and restated is hereby accepted by the undersigned office on behalf of the City of Manhattan Beach pursuant to the authority conferred by the City of Manhattan Beach at the City Council closed session meeting held on _, 2023, and the grantee consents to recordation thereof by its duly authorized officer.
Dated: _,2023
SignL
Print Name:
Title: