RESOLUTION NO. 2024-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TORRANCE, CALIFORNIA, AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO GRANT OF EASEMENT ENTITLED
EASEMENT AGREEMENT WITH COVENANTS,
CONDITIONS, AND RESTRICTIONS AND ADOPT
FINDINGS DECLARING THAT PORTIONS OF CITY-
OWNED PROPERTY ARE EXEMPT SURPLUS LAND
UNDER THE CALIFORNIA SURPLUS LAND ACT
WHEREAS, the City of Torrance "City" is Owner of that certain vacant real property situated in the City of Torrance, County of Los Angeles, State of California, being portions of APN numbers 7532-011-900 ("Parcel A") and 7532-011-901 ("Parcel B"), and legally described as follows:
Parcel A:
Tract # 22024 Lot Com at most N cor of Lot 20 th SW on NW line of SD Lot to a line parallel with and dist Eat RIA 30 ft from N prolongation of W line of Lot 81 TR # 22025 th S on SD parallel line to NW line of SD TR th NE thereon to the NE line of SD Lot th NW thereon to Beg part of Lot 20.
Parcel B:
Lot 82, Tract 22025, in the City of Torrance, in the County of Los Angeles, State of California, Book 598, Pages 91 to 95 inclusive of Maps, in the Office of the County Recorder.
Except therefrom that portion thereof included within Lot 20, Tract 22024, Book 583, Pages 39 to 46 inclusive of Maps, in the Office of the County Recorder, lying westerly of a line that is parallel with and distant 30.00 feet easterly, measured at right angles, from the westerly line and its northerly prolongation of Lot 81 of said Tract 22025.
Except therefrom all subsurface water, mineral, oil, gas, and or other hydrocarbon substances in and under said land, and all rights in connection with same, below a depth of 100 feet beneath the surface thereof, as reserved by deeds recorded December 1, 1954 in Book 46253, Pages 45, 51, 61, 73, 80, 89 and 100, Official Records .
Commonly known as 4730 Via Corona, Torrance, California 1 WHEREAS, the Oldenburgs 'Oldenburgs" are Owners of that certain real property situated in the City of Torrance, County of Los Angeles, State of California, commonly known as 4805 Paseo de Las Tortugas, Torrance, CA 90505 ("Parcel C"), and legally described as follows:
Parcel C
Those portions of Lots 81 and 82 of Tract No. 22025, and that portion of Lot 20 of Tract No. 22024, in the City of Torrance, County of Los Angeles, State of California, as per Map recorded in Book 598 pages 91 to 95 inclusive of Maps, and in Book 583, page 39 to 46 inclusive of Maps, respectively, in the Office of the Recorder of said County, described as a whole as follows:
Beginning at the most Southerly corner of said Lot 20; thence along the Southeasterly line of said Lot 20, North 66° 32' 18" East 157.20 feet, more or less, to a line that is parallel with and distant 30.00 feet Easterly, measured at right angles, from the Westerly line and its Northerly prolongation of said Lot 81; thence along said parallel line North 13° 20' 31" West 85.13 feet more or less, to the Northwesterly line of said Lot 20; thence along said Northwesterly line South 57°32' 18" West 178. 73 feet, more or less, to the most Westerly corner of said Lot 20; thence Southeasterly along the curved Southwesterly line of said Lot 20, shown on the Map of said Tract No. 22024 as being curve concave Southwesterly and having a radius of 357 .00 feet, an arc distance of 56.07 feet to the point of beginning.
Except therefrom all subsurface water, mineral, oil, gas and/or other hydrocarbon substances in and under said land, and all rights in connection with the same, below a depth of 100 feet beneath the surface thereof, as reserved by deeds recorded in Book 46253, Pages 45, 51, 56, 61, 65, 73, 80, 89 and 100 of Official Records.
WHEREAS, certain disputes have arisen between the City and the Oldenburgs regarding certain improvements from Parcel C that encroach onto portions of Parcel A and B; WHEREAS, the City and the Oldenburgs desire to impose an exclusive encroachment easement upon Parcel A and B for the benefit of Parcel C, and to establish certain covenants, conditions, and restrictions with respect to said Parcels, for the benefit and complement of Parcel C and the present and future Owners and occupants of Parcel C, on the terms and conditions of said encroachment easement;
WHEREAS, the Easement Area (approximately 689sf) which constitutes 400 sf of Parcel A and 289sf of Parcel Band encompasses the pool, spa, wooden fence, glass railing, pool-deck, and pool house deck encroachment and run along the fence to the east of the pool;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TORRANCE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS that the Mayor is authorized to execute and the City Clerk to attest to the Grant of Easement entitled Easement Agreement with Covenant, Conditions, and Restrictions, a copy of which is attached to this Resolution and Incorporated by reference; and
2 _,...,,
Map of said Tract No. 22024 as being curve concave Southwesterly and having a radius of 357.00 feet, an arc distance of 56.07 feet to the point of beginning.
Except therefrom all subsurface water, mineral, oil, gas and/or other hydrocarbon substances in and under said land, and all rights in connection with the same, below a depth of 100 feet beneath the surface thereof, as reserved by deeds recorded in Book 46253, Pages 45, 51, 56, 61, 65, 73, 80, 89 and 100 of Official Records.
APN : 7532-011-002
C. In consideration of the grant of proprietary penniesion by the City to enaoach into Parcels A and B, the OldenbYrga enter into this Agreement with the City, to maintain the Oldenburgs' permitted private improvements, to wtt: a pc,ol, spa. wooden fence, glass railing, pool-deck, and pool house deck and any future Improvements that may be contemplated In the Easement Area defined below. No load beering improvements or buildings ara pennitted within the EuementAnta, as that term is defined herein.
D. The City and the Olden burgs desire to impose an exclusive encroachment easement upon Parcels A and B for the benefit of Parcel C, and to establish certain covenants, conditions, and restrictions with respect to said Parcels, for the benefit and complement of Parcel C and the present and future Owners and occupants of Parcel C, on the terms and conditions and throughout the term hereinafter set forth.
NOW, THEREFORE, in consideration of the above premises and of the covenants herein cqntained, and other good and valuable consideration, receipt of which is hereby acknowledged, the Owners do hereby declare that the Parcels and all present and future OWners and occupants of the Parcels shall be and hereby are subject to the terms, covenants, easements, restnctions, and ~nditions hereinafter set forth in this Agreement, so that said Parcels shall be maintained, kept, sold and used in full compliance with and subject to this Agreement throughout the term hereof and, in connection therewith, the Owners covenant and agree as follows:
AGREEMENT
1. Definitions. For purposes hereof:
(a) The term "Encroachment Easemenr and "Easement Area" shall mean that exdusive encroachment easement upon Parcels A and B for the benefit of Parcel C and legally described in Exhibit "A", which is attached hereto and by reference made a part hereof.
(b) The term "Exhibit Map" shall mean that map that depicts the Easement Area over the Parcels and attached hereto as Exhibit "B" and by reference made a part hereof. (c) The term "Oldenburg Residence" shall mean the existing single family residence currently constructed on Parcel C and all fixtures and improvements, which are now or hereafter will be situated, erected, or installed. (d) The term "Owner" or "OWners" shall mean the City (as to Parcels A and B) and the Olcktnborgs (as to Parcel C) and any and all of their successors or assigns as the owner or owners of fee simple title to all or any portion of the real property covered hereby, whether by sale, assignment, inheritance, operation of law, trustee's sale, foreclosure, or otherwise, but not including the holder of any currently existing lien or encumbrance on such real property. (e) The term "Parcer or "Parcels" shall mean each separately identified parcel of real property now constituting Parcel A, Parcel B, and Parcel C.
(f) The term "Permittees" shall mean the tenant(s) or occupant(s) of a Parcel, and the respective employees, agents, contractors, invitees, and licensees of (i) the Owner of such Parcel, and/or (ii) such tenant(s) or occupant(s).
2. Encroachment Easement
2 .1 Grant of Enqoachment Easement. Subject to any express conditions, limitations, or reservations contained herein, the Owners of Parcels A and 8 hereby grant, establish, covenant and agree that Parcel C shall be benefited by the folk)wing exdusive easement which is hereby imposed upon Parcels A and 8 and all present and future Owners and Permittees of Parcels A and B throughout the term hereof;
An encroachment easement for the purpose of allowing the Oldenburgs to occupy the Easement Area with those portions of the structures presently situated thereon, and to enable the Oldenburgs to repair and maintain the Easement Area and the structures or future permitted structures thereon in good, dean, and safe condition. As such, The City grants an 2 '
EASEMENT (ANAL) (3-12-202◄) (002) doa
easement to the Oldenburgs over and across Parcels A and B, as legally described on Exhibit "A", and shown the Exhibit Map described in Exhibit "B".
2.2 lndemnlficetlon . With respect to any liability, including claims asserted, demands, causes of action, administrative action, costs, expenses, losses, attorney fees, damages, expenses, or payments that the City may sustain or incur in any manner ("Claims"), including all Claims for damages or injuries, including but not limited to those to any person or property, arising from, related to, or resulting from entering into this Agreement or the construction, maintenance, state of use, repair or presence of the Easement Area, the Oldenburgs agree to fully defend, indemnify, protect and hold harmless the City, its agents, officers, and employees from and against any and all liability with counsel of the City's choosing.
3. Maintenance of Easement Area .
3.1. Maintenance of Easement Area . The Easement Area shall be maintained in a safe and sanitary condition at the sole cost, risk, and responsibility of the Oldenburgs and their successors in interest. The Oldenburgs and successors shall obtain insurance coverage for the Easement Area naming the City of Torrance as an additional insured.
3.2 Ea&ement Area . Description. The Easement Area (approximately 689sf ) which constitutes 400 sf of Parcel A and 289sf of Parcel Band encompasses the pool, spa, wooden fence, glass railing, pool-deck, and pool house deck encroachment and run along the fence to the East of the pool. Any destruction of the pool, spa, wooden fence, glass railing, pool-deck, and pool house deck area will not terminate this Agreement so long as the Oldenburgs and their successors continue to repair and maintain any structures erected in the Easement Area in good, clean, and safe condition.
4. No Rjghts in Public: No Implied Easement . Nothing contained herein shall be construed as creating any rights in the general public or as dedicating for public use any portion of Parcel A, Parcel B, or Parcel C. No easements, except those expressly set forth in Section 2, shall be implied by this Agreement.
5. Remedies and Enforcement.
5.1 All Legal and Equitable Remedies Avallab!e. In the event of a breach or threatened breach by any Owner or its Permittees of any of the terms, covenants, restrictions or conditions hereof, the other Owner(s) shall be entitled forthwith to full and adequate relief by injunction and/or all such other available legal and equitable remedies from the consequences of such breach, including payment of any amounts due and/or specific performance.
5.2 Remedies Cumulative. The remedies specified herein shall be cumulative and in addition to all other remedies permitted at law or in equity.
5.3 No Jennlnalion For Breach . Notwithstanding the foregoing to the contrary, no breach hereunder shall entitle any Owner to cancel, rescind, or otherwise terminate this Agreement. No breach hereunder shall defeat or render invalid the lien of any mortgage or deed of trust upon any Parcel made in good faith for value, but the easements, covenants, conditions and restrictions hereof shell be binding upon and effective against any Owner of such Parcel covered hereby whose title thereto is acquired by foreclosure, trustee's sale, or otherwise.
5.4 Irreparable Hann. In the event of a violation or threat thereof of any of the provisions of Section 2 of this Agreement, each Owner agrees that such violation or threat thereof shall cause the non-defaulting Owner and/or Its Permittees to suffer irreparable harm and such non-defaulting Owner and its Perrnittees shall have no adequate remedy at law. As a result, in the event of a violation or threat thereof of any of the provisions of Section 2 of this Agreement, the non-defaulting Owner and its Perrnittees, in addition to all remedies available at law or otherwise under this Agreement, shall be entitled to injunctive or other equitable relief to enjoin a violation or threat thereof of Section 2 of this Agreement.
6. Term. The easements, covenants, conditions and restrictions contained in this Agreement shall be effective commencing on the date of recordation of this Agreement in the office of the Los Angeles County Recorder and shall remain in full force and effect thereafter until such time as the existing Oldenburg Residence is demolished or remodeled to the extent that applicable laws would require that such Encroachment Easement be removed. At that time this Agreement will automatically terminate and be of no further force and effect, unless this Agreement is modified, amended, canceled or terminated by the written consent of all then record Owners of Parcel A, Parcel Band Parcel C in accordance with Section 7.2 hereof. At the request of either the Owner of Parcel A, Parcel B or C, all Owners agree to execute a document in recordable form to memorialize the termination hereof.
3 EASEMENT (FINAL) (3-12-2024) (002) docx
7. Miscellaneous.
7.1 Attorneys' Fees. In the event a party institutes any legal action or proceeding tor the enforcement of any right or obligation herein contained, the prevailing party after a final adjudication shall be entitled to recover its costs and reasonable attorneys' fees incurred in the preparation and prosecution of such action or proceeding. 7 .2 Amendment. The Owners agree that the provisions of this Agreement may be modified or amended, in whole or in part, or terminated, only by the written consent of all record Owners of Parcel A, Parcel B, and Parcel C evidenced by a document that has been fully executed and acknowledged by all such record Owners and recorded in the official records of the County Recorder of Los Angeles County, California.
7.3 No Waiver . No waiver of any default of any obligation by any party hereto shall be implied from any omission by the other party to take any action with respect to such default.
7.4 No Agency. Nothing in this Agreement shall be deemed or construed by either party or by any third person to create the relationship of principal and agent or of limited or general partners or of joint venturers or of any other association between the parties.
7 .5 Covenants to Run with Land. It is intended that each of the easements, covenants, conditions, restrictions, rights and obligations set forth herein shall run with the land and create equitable servitudes in favor of the real property benefited thereby, shall bind every person having any fee, leasehold or other interest therein and shall inure to the benefit of the respective parties and their successors, assigns, heirs, and personal representatives. · 7 .6 Separabfllty . Each provision of this Agreement and the application thereof to Parcel A, Parcel B, and Parcel C are hereby declared to be independent of and severable from the remainder of this Agreement. If any provision contained herein shall be held to be invalid or to be unenforceable or not to run with the land, such holding shall not affect the validity or enforceability of the remainder of this Agreement. In the event the validity or enforceability of any provision of this Agreement is held to be dependent upon the existence of a specific legal description, the parties agree to promptly cause such legal description to be prepared. Ownership of all Parcels by the same person or entity shall not terminate this Agreement nor in any manner affect or impair the validity or enforceability of this Agreement
7. 7 Time of Essence. Time is of the essence of this Agreement. 7 .8 Entjre Agreement. This Agreement contains the complete understanding and agreement of the parties hereto with respect to all matters referred to herein, and all prior representations, negotiations, and understandings are superseded hereby .
7 .9 Authority. Each person executing this Agreement represents and warrants that he or she is duly authorized to execute and deliver this Agreement on his behalf or on behalf of the entity which he represents. Each person shall, within thirty (30) days after request, deliver to the other person satisfactory evidence of such authority. 7 .10 Choice of Law: Ven ye . This Agreement shall be interpreted pursuant to the laws of the State of California . Any action to enforce or Interpret the terms or conditions of this Agreement shall be brought in the Superior Court in Los Angeles County. The Owners hereby waive any right to remove any such action from Los Angeles County as is otherwise permitted by California Civil Code of Procedure section 394.
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4 EASEMENT (FINAL) (J-12-2024) (002) docx
IN WITNESS VVHEREOF, The City and the Oldenburg& have executed this Agreement as of the date first written above.
CllY OF TORRANCE,
a municipal corporation
George K. Chen
Mayor
APPROVED AS TO FORM!
PATRICK Q. SULLIVAN
City Attorney
By: __________ _
Tatis Strader
Assistant City Attorney
EASEMENT (FYNALJ (l·l2-2024) (002) docx
5 ATTEST:
Rebecca Poirier, MMC
City Clerk
The Oldenburgs
By:
Jason Oldenburg
By:
Flavia Fontolan
APN: 7532-011-002
EXHIBIT"CD
LEGAL DESCRIPTION OF BENEFITTED PROPERTY "PARCEL C" OF
ENCROACHMENT EASEMENT
PROPERTY ADDRESS: 4805 Paseo de las Tortugas, Torrance, CA 90505 CURRENT PROPERTY OWNER: Jason Oldenburg and Flavia Fontolan, Husband and Wife as Joint Tenants
Those portions of Lots 81 and 82 ofTract No. 22025, and that portion of Lot 20 ofTract No. 22024, in the City of Torrance, County of Los Angeles, State of California, as per Map recorded in Book 598 pages 91 to 95 inclusive of Maps, and in Book 583, page 39to 46 inclusive of Maps, respectively, in the Office of the Recorder of said County, described as a whole as follows:
Beginning at the most Southerly corner of said Lot 20; thence along the Southeaster1y line of said Lot 20, North 66° 32' 18" East 157.20 feet, more or less, to a line that is parallel with and distant 30.00 feet Easterly, measured at right angles, from the Westerly line and its Northerly prolongation of said Lot 81; thence along said parallel line North 13° 20' 31" West 85.13 feet more or less, to the Northwesterly line of said Lot 20; thence along said Northwesterly line South 57"32' 18" West 178.73 feet, more or less, to the most Westerly corner of said Lot 20; thence Southeaster1y along the curved Southwesterly line of said Lot 20, shown on the Map of said Tract No. 22024 as being curve concave Southwesterly and having a radius of 357.00 feet, an arc distance of 56.07 feet to the point of beginning.
Except therefrom all subsurface water, mineral, oil, gas and/or other hydrocarbon substances in and under said land, and all rights in connection with the same, below a depth of 100 feet beneath the surface thereof, as reserved by deeds recorded in Book 46253, Pages 45, 51, 56, 61, 65, 73, 80, 89 and 100 of Official Records.
9 EASEMENT (FINAL) (J-12-2024) (002) docx
•• o + e
EXHIBIT"D"
LEGAL DESCRIPTION OF "PARCEL A" BURDENED PROPERTY OF
ENCROACHMENT EASEMENT
APN: 7532-011-900
PROPERlYADDRESS:UNADDRESSEO
CURRENT PROPERTY OVVNER: CITY OF TORRANCE
Tract # 22024 Lot Com at most N cor of Lot 20 th SW on NW line of SD Lot to a line parallel with and dist E at RIA 30 ft from N prolongation of W line of Lot 81 TR # 22025 th S on SD parallel line to NW line of SD TR th NE thereon to the NE line of SD Lot th NW thereon to Beg part of Lot 20 10 EASEMENT (FINAL) (l-12-2024) (002) docx
EXHIBIT"E"
LEGAL DESCRIPTION OF "PARCEL B" BURDENED PROPERTY OF
ENCROACHMENT EASEMENT
APN: 7532-011-901
PROPERTY ADDRESS: 4 730 VIA CORONA
CURRENT PROPERTY OWNER: CITY OF TORRANCE
Lot 82, Tract 22025, in the City of Torrance, in the County of Los Angeles, State of California, Book 598, Pages 91 to 95 inclusive of Maps, in the Office of the County Recorder.
Except therefrom that portion thereof included within Lot 20, Tract 22024, Book 583, Pages 39 to 46 inclusive of Maps, in the Office of the County Recorder, lying wester1y of a line that is parallel with and distant 30.00 feet easter1y, measured at right angles, from the wester1y line and its northerly prolongation of Lot 81 of said Tract 22025.
Except therefrom all subsurface water, mineral, oil, gas, and or other hydrocarbon substances in and under said land, and all rights in connection with same, below a depth of 100 feet beneath the surface thereof, as reserved by deeds recorded December 1, 1954 in Book 46253, Pages 45, 51, 61, 73, 80, 89 and 100, Official Records.
Commonly known as 4730 Via Corona, Torrance, California 11 EASEMENT (FINAL) (3-12-2024) (002) doc:x