Preview
COHEN JOHNSON BARTLETT LLP Electronically FILED by
S.V. STUART JOHNSON (SBN 192085) Superior Court of California}
County of Los Angeles
sjohnson@ cjbLLP.com 10/18/2023 12:24 PM
1230 Rosecrans Avenue, Suite 400 David W. Slayton,
Manhattan Beach, CA 90266 Executive Officer/Clerk of Curt,
By C. Davila, Deputy Clerk
Tel: (310) 586-2400
Attorneys for Plaintiff,
Del Rey Vacations, LLC
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES - TORRANCE COURTHOUSE
10 DEL REY VACATIONS, LLC, aCalifomia ) CaseNo. 23TROYO3490
11
limited liability company, )
)
12 Plaintiff,
VERIFIED COMPLAINT FOR:
13 (1) QUIET TITLE
vs. (2) CANCELLATION OF
14
INSTRUMENTS
15 THE RICHARD L. EVERETT TRUST
DATED MAY 15, 2021, and DOES 1-10,
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17
Defendants
18 THE CITY OF LOS ANGELES,
Complaint Filed: October 18, 2023
19 Nominal Defendant. Trial Date: Not Set
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VERIFIED COMPLAINT FOR (1) CANCELLATION OF INSTRUMENTS AND (2) QUIET TITLE
Plaintiff Del Rey Vacations, LLC, a limited liability company, is informed and believes,
and thereon alleges as follows:
THE PARTIES
1 Plaintiff Del Rey Vacations, LLC (“Plaintiff”) is, and at all times herein
mentioned was, a limited liability company organized and existing under the laws of the State of
California.
2 Defendant Richard L. Everett Trust dated May 15, 2021 (“Defendant” or “Trust”,
is, and at all times mentioned in this Complaint was, a resident of Los Angeles County,
California.
10 3 Nominal Defendant City of Los Angeles is, and all times mentioned in this
11 Complaint was, located in Los Angeles County, California.
12 JURISDICTION
13 4 This Court has jurisdiction over this matter because the amount in question
14 exceeds the jurisdictional minimum for this Court.
15 VENUE
16 5. Venue is proper in this Court because the real property that is the subject of this
17 action is located in the County of Los Angeles in the State of California.
18 ALLEGATIONS
19 6 Plaintiff is, and at all times herein mentioned was, the owner of interests in the
20 following described real property situated in the City of Los Angeles, in the County of Los
21 Angeles, in the State of Califomia, commonly known as 7360 Vista Del Mar, Los Angeles,
22 California 90293, Assessor’s Parcel Number 4117-002-003 (the “Property”) with legal
23 description:
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PARCEL I:
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26 ALL THAT OF LOTS 4 AND 5 OF BLOCK 39 OF THE PLAYA DEL REY
TOWNSITE TRACT, IN THE CITY OF LOS ANGELES, COUNTY OF LOS
27 ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 2
PAGE(S) 63 TO 66 OF MAPS, IN THE OFFICE OF THE COUNTY
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RECORDER OF SAID COUNTY.
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VERIFIED COMPLAINT FOR (1) CANCELLATION OF INSTRUMENTS AND (2) QUIET TITLE
TOGETHER WITH THAT PORTION OF THE NORTHWESTERLY 7.50 FEET
OF THE ALLEY LYING ADJACENT TO AND SOUTHEASERLY OF SAID
LOTS 4AND 5 ABOVE, THAT WOULD PASS WITH A CONVEYANCE OF
LOTS 4AND 5 ABOVE.
PARCEL 2:
THAT PORTION OF THAT CERTAIN ALLEY LYING ADJACENT TO AND
SOUTHWESTERLY OF LOT 15 OF SAID TRACT, ABOVE NAMED AND
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 15, BLOCK 39
OF TRACT NO. 8557, AS SHOWN ON MAP RECORDED IN BOOK 104
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PAGE(S) 33 TO 35 OF MAPS; THENCE NORTHWESTERLY ALONG THE
NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF
11 SAID LOT 15 TO THE CENTER LINE OF SAID ALLEY ; THENCE
SOUTHWESTERLY ALONG SAID CENTER LINE TO THE
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NORTHEASTERLY LINE OF WATERVIEW AVENUE, 60.00 FEET WIDE;
13 THENCE SOUTHEASTERLY ALONG SAID WATERVIEW AVENUE TO THE
MOST WESTERLY CORNER OF SAID LOT 15; THENCE NORTHEASTERLY
14 ALONG THE NORTWESTERLY LINE OF SAID LOT 15 TO THE POINT OF
BEGINNING.
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7 Plaintiff is informed and believes, and upon such information and belief alleges,
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Defendant Trust is the owner of interests in the neighboring property to the east of Plaintiff's
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Property. Defendant Trust’s property is situated in the City of Los Angeles, in the County of Los
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Angeles, in the State of Califomia, commonly known as 111 Waterview Street, Los Angeles,
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California 90293, Assessor’s Parcel Number 4117-002-013 (the “Neighboring Property”) with
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legal description:
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LOT 15 OF BLOCK 39 IN TRACT NO. 8557 AS PER MAP RECORDED IN
24 BOOK 104, PAGES 33 TO 35 INCLUSIVE OF MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA.
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8 A fifteen-foot-wide alley runs between the Property and the Neighboring Property
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(the “Alleyway”).
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VERIFIED COMPLAINT FOR (1) CANCELLATION OF INSTRUMENTS AND (2) QUIET TITLE
9 Prior to 2005, Plaintiff's predecessors in interest, James S. Vaudagna and
Josephine
V audagna (collectively, “Plaintiff's Predecessor”), and Defendant Trust’s predecessor
in interest, Richard Everett (“Defendant’s Predecessor”), had disputes over who owned the
Alleyway.
10. In or around October 2005, Plaintiff's Predecessor and Defendant’s Predecessor
entered into a settlement agreement to resolve their dispute over who owned the A lleyway (the
“Settlement Agreement”).
11. As part of the Settlement
A greement, Plaintiff's Predecessor agreed to grant
Defendant’s Predecessor two easements over a portion of the Alleyway in exchange for the
10 acknowledgement that the Alleyway was owned in fee by Plaintiffs Predecessor as part of the
11 Property.
12 12. Priorto this Settlement
A greement, the Alleyway was granted to City of Los
13 Angeles (the “City”) as a public right-of-way. The Settlement
A greement assumed that the
14 Alleyway would be vacated by the City.
15 13. On or around November 11, 2005, Plaintiff's Predecessor purportedly granted
16 Defendant’s Predecessor two easements through an easement deed over a portion of the
17 Alleyway (the “Easement Deed”). A true and correct copy of this Easement Deed recorded
18 November 11, 2005, is attached hereto as Exhibit A.
19 14, Thereafter, Plaintiff's Predecessor filed an application with the City to vacate the
20 Alleyway.
21 15. In or around 2006, the City placed several conditions that had to be met to vacate
22 the Alleyway. Those conditions were never met. Because the conditions placed by the City
23 were never met, the City’s public right-of-way in the Alleyway was never vacated and remains t
24 this day.
25 16. On or around January 31, 2013, the Property was transferred to Plaintiff in fee
26 through a grant deed. A true and correct copy of this Grant Deed recorded January 31, 2013, is
27 attached hereto as Exhibit B.
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VERIFIED COMPLAINT FOR (1) CANCELLATION OF INSTRUMENTS AND (2) QUIET TITLE
FIRST CAUSE OF ACTION
(QUIET TITLE AGAINST TRUST and DOES 1-10)
17. Plaintiff hereby incorporates by reference the allegations contained in paragraphs
1 through 16, as though fully set forth at length.
18. Plaintiff is informed and believes, and upon such information and belief alleges,
that Defendant Trust herein claims an interest in the Property described which is adverse to
Plaintiff's title and the City’s public right-of-way, such claim being that Defendant Trust owns
two easements against the Property.
19. Defendant Trust’s claims are without any right and Defendant Trust does not own
10 any easements against the Property.
11 20. The purported easements granted in the Easement Deed directly conflict with the
12 City’s public right-of-way, which was granted prior to the recording of the Easement Deed and
13 remains valid to this day. These purported easements burden and interfere with the City’s public
14 right-of-way by potentially limiting the City’s future uses of the public right-of-way, such as a
15 public street. As a result, any easements granted against the A lleyway in the Easement Deed are
16 invalid.
17 21. Plaintiff seeks in this action a determination of its fee title free of any easements
18 claimed by Defendant in the Property as of November 22, 2005, the date of the Easement Deed
19 was recorded.
20 SECOND CAUSE OF ACTION
21 (CANCELLATION OF INSTRUMENTS AGAINST TRUST and DOES 1-10)
22 22. Plaintiff hereby incorporates by reference the allegations contained in paragraphs
23 1 through 21, as though fully set forth at length.
24 23. Defendant Trust’s Predecessor had two purported easements recorded against the
25 Property through the Easement Deed.
26 24. The Easement Deed was legally invalid because an additional easement on the
27 same land is not allowed if it burdens another prior easement.
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VERIFIED COMPLAINT FOR (1) CANCELLATION OF INSTRUMENTS AND (2) QUIET TITLE
25. The purported easements granted in the Easement Deed allow, among other
things, Defendant Trust to maintain a planter box in the Alleyway. This burdens and interferes
with the City’s public right-of-way by potentially limiting the City’s present and future use of the|
public right-of-way, for such use as a public street.
26. Plaintiff seeks in this action a cancellation of the Easement Deed pursuant to
California Civil Code Section 3412 due to the Easement Deed being legally invalid.
WHEREFORE, Plaintiff demands judgement against Defendants as follows:
ON THE FIRST CAUSE OF ACTION (QUIET TITLE)
10 1 That it be determined that Plaintiff has good title to the Property hereinabove
11 described and that Defendant Trust has no right, title, interest, or estate in the Property;
12 2 That Defendant Trust be forever barred from asserting or claiming any title or
13 interest in the Property, real or potential, choate or inchoate, which it may now have;
14 3 For its costs of action; and
15 4 For such other further or different relief as to the Court may deem just and proper
16 as to the Property.
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18 ON THE SECOND CAUSE OF ACTION (CANCELLATION OF INSTRUMENTS)
19 1 That the Easement Deed be cancelled pursuant to California Civil Code Section
20 3412:
21 2 That Defendant Trust be forever barred from asserting or claiming any title or
22 interest in the Property, real or potential, choate or inchoate, which it may now have;
23 3 For its costs of action; and
24 4 For such other further or different relief as to the Court may deem just and proper
as to the Property.
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VERIFIED COMPLAINT FOR (1) CANCELLATION OF INSTRUMENTS AND (2) QUIET TITLE
COHEN JOHNSON BARTLETT LLP
S.V. STUART JOHNSON
By —a
S.V. Stuart Johnson
Attorneys for Plaintiff,
Del Rey Vacations, LLC
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VERIFIED COMPLAINT FOR (1) CANCELLATION OF INSTRUMENTS AND (2) QUIET TITLE
VERIFICATION
I, David Brady, am a shareholder of Del Rey Vacations, LLC, the Plaintiff, in this
proceeding. I have read the foregoing Complaint for Quiet Title and Cancellation of Instruments
and know the contents thereof. The same is true of my knowledge, except as to those matters
which are therein stated on information and belief, and, as to those matters, I believe them to be
true.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed this 18th day of October, 2023, at Manhattan Beach,
California.
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Paid Brady “,
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‘On behalf of Plaintiff, Del Rey Vacations,
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VERIFIED COMPLAINT FOR (1) CANCELLATION OF INSTRUMENTS AND (2) QUIET TITLE
EXHIBIT A
This page is part of your document - DO NOT DISCARD
05 2840186
RECORDED/FILED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
11/22/05 AT 08:00am
TITLE(S) :
A
NIM
FEE D.T.T.
FEE $3 | FF
DAFS 2-
C-20 q
CODE
20
CODE
19
CODE
9 ——
Assessor’s Identification Number (AIN)
To be completed by Examiner OR Title Company in black ink. Number of AIN’s Shown
A THIS FORM IS NOT TO BE DUPLICATED A
— SE
as THTT205
05 2840186
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Richard Everett
111 Waterview Street
Playa Del Rey, California
‘Space Above the Line for Recorder’s Use Only
EASEMENT DEED
THIS EASEMENT DEED is made and entered into effective as of this ad tay of
September, 2005 by and between Comerica Bank — California FBO James S. Vaudagna
Rollover IRA # 48-03-300-0679081, a trust (“Grantor”), and Richard Everett an individual
(“Grantee”), with reference to the following facts:
RECITALS
RELLLALYD
A Grantor is the owner in fee simple of the real property located in the County of Los
Angeles, State of California, more particularly described in Exhibit A attached hereto and
incorporated herein by this reference (the “Grantor Property”).
B. Grantee is the owner in fee simple of the real property located in the county of Los
Angeles, State of California, located adjacent to the Grantor Property, more particularly described in
Exhibit B attached hereto and incorporated herein by this reference (the “Grantee Property”).
Cc. Grantor has agreed to grant to Grantee a permanent and exclusive easement over a
portion of the Grantor Property adjacent to the Grantee Property, more particularly described on
Exhibit C, (Part A) attached hereto and incorporated herein by this reference (the “Planterbox
Easement Area”) for the purposes described in Section 1.
D Grantor has agreed to grant to Grantee a permanent and nonexclusive easement over
a portion of the Grantor Property adjacent to the Grantee Property, more particularly described on
Exhibit C, (Part B) attached hereto and incorporated herein by this reference (the “Pedestrian
Easement Area”) for the purposes described in Section 2.
E References herein to “Grantors” and to “Grantee” shall include the grantees,
successors, heirs, personal representatives, trustees and assigns of Grantors or Grantee, as the case
may be, including without limitation any other successor in interest as provided in Section 3 below.
DOGUMENT TRANSFER TAX$ “QO
i mas
_—_ COMPUTED ON FULL VALUE OF PROPERTY CONVEYED
—— OR COM, UTED ON FULL VAI UE LESS LIENS AND
ENcUt ING AT TIME OF SALE.
NBI 659931 5 ‘Signeture Tor Agent detaining tax. Firm Name
11/22/05 y
TERMS
22802
NOW, THEREFORE, taking the foregoing Recitals into account, and in consideration of
the mutual covenants and conditions set forth herein, and other good and valuable consideration the
receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee do hereby agree as
follows:
1 Grant of Planterbox Easement. Grantor hereby grants to Grantee and his
successors, assigns and heirs, for the benefit of Grantee Property, an exclusive and perpetual
easement for landscaping, house cleaning, maintenance and repairs to the northerly and westerly
portion of Grantee Property (the “Planterbox Easement”) over, across and under the Planterbox
Easement Area. Grantor acknowledges and agrees that Grantee, at Grantee’s election and at the
Grantee’s sole cost and expense, may from time to time (a) plant trees, shrubs, flowers, ground
cover and other plants over the Planterbox Easement Area, and (b) maintain, replace and remove
such landscaping. Grantee shall maintain the Planterbox Easement Area in a condition no less
than consistent with the condition that existed in May 2005. Grantee and Grantor will meet and
confer and seek the other party’s advice regarding any overall change in the nature or character
of the landscaping in the Planterbox Easement Area. Grantor shall repair and maintain the
present brick wall on the planterbox associated with the Planterbox Easement Area in a condition
no less than consistent with the condition that existed in May 2005. Grantor may alter or replace
that brick wall with a different form of wall, provided such replacement shall be in the same
location and the same approximate height. Any such replacement wall shall provide structural
support for the portion of the existing brick wall lying on the Grantee Property.
2. Grant of Pedestrian Easement, Grantor hereby grants to Grantee and his
successors, assigns and heirs, for the benefit of Grantee Property, a perpetual but nonexclusive
easement for pedestrian ingress and egress (the “Pedestrian Easement”) over and across the
Pedestrian Easement Area. The Pedestrian Easement shall be solely for the purposes of
gardening in the Planterbox Easement and for the cleaning, maintenance, and repair of the
northerly and westerly portion of Grantee Property.
3 Successors and Assigns. The Planterbox Easement and Pedestrian Easement shall
bind the Grantor Property for the benefit of the Grantee Property. The rights and obligations of
Grantor and Grantee hereunder shall inure to the benefit of and shall be binding upon their
respective successors, assigns, devisees and heirs.
4 Miscellaneous.
4.1. Nonwaiver. No delay or omission of either party in the exercise of any
right accruing upon any default of the other party shall impair such right or be construed to be a
waiver thereof, and every such right may be exercised at any time during the continuance of such
default. A waiver by either party of a breach of, or a default in, any of the terms and conditions
of this Easement Deed by the other party shall not be construed to be a waiver of any subsequent
breach of or default in the same or any other provision of this Easement Deed.
4.2. No Dedication. Nothing contained in this Easement Deed shall be
deemed a gift or dedication of the Grantor Property, or any portion thereof, to the general public,
NBI 659931 5
05 2840186
ag Oe ee
11122708
for the general public, or for any public purpose whatsoever, it being the intention of the parties
that this Easement Deed shall be strictly limited to and for the purposes expressed herein.
4.3, California Law. This Easement Deed shall be construed and interpreted
in accordance with the substantive laws of the State of California without reference to choice of
law or conflict of law provisions.
44. Attorneys’ Fees. In the event of any action to enforce or construe the
provisions of this Easement Deed, the prevailing party in such action shall be awarded its costs
and reasonable attorneys’ fees incurred in the defense or prosecution thereof as part of the
judgment eventuating in such action.
NBI 659931 5
3
05 2840186
1122/05
IN WITNESS WHEREOF, the parties have executed this Easement Deed on the SO"
day of _ So heentoue 2005
“GRANTOR”
Comerica Bank — California FBO James S. Vaudagna Rollover IRA # 48-03-300-0679081
By: Laaliga— whe
James S. Vaudagnyé rus
05 2840186
NBI,659931.5 S-1
TT
State of California )
) ss.
County ofbesAngeles )
On_&_ 30 , 2005, before me,
L.aldtouws , a Notary Public, personally appeared James S, Vaudagna,
(or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s§4s/are subscribed to the within instrument and acknowledged to me
that Gejshe/they executed the same i er/their authorized capacity(ies), and that by
er/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. Pm G. OLDHAM
Comm #1544002
NOTARY PUBLIG- CALIFORNIA - 0
— wy Co
nee .
nm Tan 20007
Signature (Seal)
J
05 2840186
NB] 659931 5 N-1
_ —
ee TP
EXHIBIT A
Grantor Property
Parcel 1:
All that of Lots 4 and 5 of Block 39 of the Playa Del Rey Townsite Tract, in the City of Los
Angeles, County of Los Angeles, State of California, as per map recorded in Book 2 Page(s)
63 to 66 of maps, in the office of the County Recorder of said County.
Together with that portion of the Northwesterly 7.5 feet of the alley lying adjacent to and
Southeasterly of said Lots 4 and 5 above, that would pass with a conveyance of Lots 4 and 5
above.
Parcel 2:
That portion of that certain alley lying adjacent to and Southwesterly of Lot 15 of said Tract,
above named and described as follows:
Beginning at the most Northerly corner of Lot 15, Block 39 of Tract No. 8557, as shown on
map recorded in Book 104 Page(s) 33 to 35 of maps; thence Northwesterly along the
Northwesterly prolongation of the Northeasterly line of Waterview Avenue, 60.00 feet
wide; thence Southeasterly along said Waterview Avenue to the most Westerly corner of
said Lot 15; thence Northeasterly along the Northwesterly line of said Lot 15 to the point of
beginning.
Commonly known as: 7360 Vista Del Mar, Playa Del Rey
APN: 4117-002-003
05 2840186
NBI 659931 5 A-l
SANTO
ee
EXHIBIT B
Grantee Property
Lot 15, Block 39 of Tract No. 8557, City of Los Angeles, County of Los Angeles, State
of California, as per map recorded in Book 104, page 33 of maps, in the office of the
county recorder of said county.
Commonly known as: 111 Waterview Street, Playa Del Rey
APN: 4117-002-013
05 2840186
NBI 659931 5 B-1
Tor =< -
q’
1T2r0F
*
EXHIBIT C
PLANTERBOX EASEMENT AREA
LEGAL DESCRIPTION
(PART A)
A portion of land lying in the alley adjoining Lot 15 of Block 39 of Tract 8557 in the City of
Los Angeles, County of Los Angeles, State of California, as per a map recorded in Book
104, pages 33 to 35 in the Office of the County Recorder of said County, said portion further
described as follows and shown on plat map as “Part A,” attached hereto as C-3 and made a
part hereof:
Beginning at southwest comer of Lot 15 of Block 39 of Tract 8557 in the City of Los
Angeles, County of Los Angeles, State of California, as per a map recorded in Book 104,
pages 33 to 35 in the Office of the County Recorder of said County;
Thence, North 21° 38’ 17” East, a distance of 73.14 feet along the westerly line of said Lot
15, to the most northerly corner of said Lot 15;
Thence, leaving the westerly line of said Lot 15, North 68° 21’ 43” West, a distance of 3.05
feet measured at right angles to said last mentioned course to a point designated Point “A”
for purposes of this description, and shown on said plat;
Thence, South 21° 43” 20” West, a distance of 68.14 feet;
Thence, South 09° 40’ 43” East, a distance of 5.83 feet to a point in a non-tangent curve,
concave southwesterly and having a radius of 144.85 feet with a radial bearing at said point
of South 27° 22” 41” West, said point being in the northerly sideline of Waterloo Avenue
(currently known as Waterview Street), 60 feet wide, as shown on said Tract Map;
Thence, southeasterly along said curve a distance of 0.11 feet through a central angle of 00°
02’ 37” to the point of beginning.
Said portion containing 219 square feet, more or less.
As shown on C-3, attached hereto and made a part hereof.
05 2840186
NBI 659931 5 C-1
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oT
PEDESTRIAN EASEMENT AREA
LEGAL DESCRIPTION
(PART B)
A portion of land lying in the alley adjoining Lot 15 of Block 39 of Tract 8557 in the City
of Los Angeles, County of Los Angeles, State of California, as per a map recorded in
Book 104, pages 33 to 35 in the Office of the County Recorder of said County, said
portion further described as follows and shown on plat map as “Part B, attached hereto as
C-3 and made a part hereof:
Beginning at Point “A” described in C-3;
Thence, South 21° 43°20” West, a distance of 28.00 feet along the westerly line of said
Exhibit C to the True Point of Beginning for this description;
Thence leaving said westerly line of said Exhibit C, North 68° 21’ 43” West, a distance of
2.00 feet measured at right angles to said last mentioned course;
Thence, South 21°43’ 20” West, a distance of 40.70 feet parallel with the westerly line of
said Exhibit C;
Thence parallel with the southwesterly line of said Exhibit C, South 09° 40’ 43” East, a
distance of 4.91 feet to a point in a non-tangent curve, concave southwesterly and having a
radius of 144.85 feet with a radial bearing at said point of South 26° 23’ 35” West, said
point also being in the northerly side of Waterloo Avenue (currently known as Waterview
Street), 60 feet wide, as shown on said Tract Map;
Thence southeasterly along said curve a distance of 2.49 feet through a central angle of 00°
59° 06”;
Thence leaving said curve and sideline of Waterview Street, North 09° 40° 43” West, a
distance of 5.83 feet coincident with the southwesterly line described in said Exhibit C;
Thence coincident with the westerly line described in said Exhibit C, North 21° 43’ 20”
East, a distance of 40.14 feet to the True Point of Beginning.
Said portion containing 93 square feet, more or less.
As shown on C-3, attached hereto and made a part hereof.
NB1 659931 5 C-2
05 2840186 |
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EXHIBIT B
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Recorded/Filed in Official Records
Pages:
0003
Now Recorder's Office, Los Angeles County,
pam Callfornia
Gres
ron 01/31/13 AT 08:00AM
FEES: 42.00
‘TAXES 4,956.00
0.00
PCOR SURCHARGE $20.00 PAID: 4,998.00
A
In | | | | | | ll VMI LEADSHEET
IAI | | II 201301310260006
00007174051
IMA 004615714
SEQ:
23
DAR - Title Company (Hard Copy)
LE AA
IGN
THIS FORM IS NOT TO BE DUPLICATED T2
RECORDING REQUESTED BY:
Fidelity National Title Company
WHEN RECORDED MAIL DOCUMENT AND
WT
TAX STATEMENT TO: 9173112013
David S. Brady and Paula H. Brady
1704 Poinsettia
Manhattan Beach, CA 90266 *20130161037*
APN: 4117-002-003
TITLE ORDER NO.: 19688444
ESCROW NO.: 4604-SL
@ 2
THIS SPACE FOR RECORDER'S USE ONLY
GRANT DEED
The undersigned Grantor(s} deciare that the DOCUMENTARY TRANSFER TAX IS:
County $ 973.50 City: $3,982.50
X_ computed on the full value of the interest of property conveyed, or
computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale.
OR transfer is EXEMPT from tax for the following reason
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Comerica Bank - California FBO
James S. Vaudanga Rollever IRA #48-03-300-0679081
HEREBY GRANT(S) to Del Rey Vacations, LLC, a California limited liability company
All that real property situated in the City of Los Angeles, County of Los Angeles, State of California, described as:
See Exhibit "ONE" attached hereto and made part hereof for legal description.
Commonly Known As: 7360 Vista del Mar, Playa Del Rey, CA 90293
Dated: January 14, 2013
STATE OF CALIFORNIA
coun
COUNTY OF La.
2,
Mage
2213
les
. before me,
3 Comerica Bank - California
FBO James S. Vaudanga Rollever IRA #48-03-300-
0679081
ay A Devfe- a Notary Public
personally appeared
neta
S Hanae #7. Fowg
o_ Lerern 2 Prog
Sharon M. Fong, Authorized Signer 7
who proved tome on the basis of satisfactory evidence to be the
person(s) whose name(s) ésJare- subscribed to the within
instrument and acknowledged to me that executed
the same in his/fier/tReir authorized cap: a , and that by
signature(s) on the instrument the person(s}, or the
pon behalf of which the person(s) acted, executed the
instrument.
| certify under PENALTY OF PERJURY under the laws of the
State of Califomia that the foregoing paragraph is true and A. DOYLE
correct. Conimission # 1981005
WITNES y hand and official seal. i tv Agta En i
Velde —
(SEAL)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Order No. 19688444
LEGAL DESCRIPTION
EXHIBIT "ONE"
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF LOS ANGELES,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL I:
ALL THAT OF LOTS 4 AND 5 OF BLOCK 39 OF THE PLAYA DEL REY TOWNSITE TRACT, IN
THE CITY OF LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 2 PAGE(S) 63 TO 66 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
TOGETHER WITH THAT PORTION OF THE NORTHWESTERLY 7.50 FEET OF THE VACATED
ALLEY LY!ING ADJACENT TO AND SOUTHEASTERLY OF SAID LOTS 4 AND S ABOVE, THAT
WOULD PASS WITH A CONVEYANCE OF LOTS 4 AND 5 ABOVE.
PARCEL 2:
THAT PORTION OF THAT CERTAIN VACATED ALLEY LYING ADJACENT TO AND
SOUTHWESTERLY OF LOT 15 OF SAID TRACT, ABOVE NAMED AND DESCRIBED AS
FOLLOWS;
BEGINNING AT THE MOST NORTHERLY COMER OF LOT 15, BLOCK 39 OF TRACT NO.
8557, AS SHOWN ON MAP RECORDED IN BOOK 104 PAGE(S) 33 TO 35 OF MAPS; THENCE
NORTHWESTERLY ALONG THE NORTHWESTERLY PROLONGATION OF THE
NORTHEASTERLY LINE OF SAID LOT 15 TO THE CENTER LINE OF SAID ALLEY; THENCE
SOUTHWESTERLY ALONG SAID CENTER LINE TO THE NORTHEASTERLY LINE OF
WATERVIEW AVENUE, 60.00 FEET WIDE; THENCE SOUTHEASTERLY ALONG SAID
WATERVIEW AVENUE TO THE MOST WESTERLY COMER OF SAID LOT 15; THENCE
NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT 15 TO THE POINT OF
BEGINNING.
Assessor's Parcel No: 4117-002-003
2 CLTA Preliminary Report Form - Modified (11/17/08)
Preview
COHEN JOHNSON BARTLETT LLP Electronically FILED by S.V. STUART JOHNSON (SBN 192085) Superior Court of California} County of Los Angeles sjohnson@ cjbLLP.com 10/18/2023 12:24 PM 1230 Rosecrans Avenue, Suite 400 David W. Slayton, Manhattan Beach, CA 90266 Executive Officer/Clerk of Curt, By C. Davila, Deputy Clerk Tel: (310) 586-2400 Attorneys for Plaintiff, Del Rey Vacations, LLC SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES - TORRANCE COURTHOUSE 10 DEL REY VACATIONS, LLC, aCalifomia ) CaseNo. 23TROYO3490 11 limited liability company, ) ) 12 Plaintiff, VERIFIED COMPLAINT FOR: 13 (1) QUIET TITLE vs. (2) CANCELLATION OF 14 INSTRUMENTS 15 THE RICHARD L. EVERETT TRUST DATED MAY 15, 2021, and DOES 1-10, 16 17 Defendants 18 THE CITY OF LOS ANGELES, Complaint Filed: October 18, 2023 19 Nominal Defendant. Trial Date: Not Set 20 21 22 23 24 25 26 27 28 VERIFIED COMPLAINT FOR (1) CANCELLATION OF INSTRUMENTS AND (2) QUIET TITLE Plaintiff Del Rey Vacations, LLC, a limited liability company, is informed and believes, and thereon alleges as follows: THE PARTIES 1 Plaintiff Del Rey Vacations, LLC (“Plaintiff”) is, and at all times herein mentioned was, a limited liability company organized and existing under the laws of the State of California. 2 Defendant Richard L. Everett Trust dated May 15, 2021 (“Defendant” or “Trust”, is, and at all times mentioned in this Complaint was, a resident of Los Angeles County, California. 10 3 Nominal Defendant City of Los Angeles is, and all times mentioned in this 11 Complaint was, located in Los Angeles County, California. 12 JURISDICTION 13 4 This Court has jurisdiction over this matter because the amount in question 14 exceeds the jurisdictional minimum for this Court. 15 VENUE 16 5. Venue is proper in this Court because the real property that is the subject of this 17 action is located in the County of Los Angeles in the State of California. 18 ALLEGATIONS 19 6 Plaintiff is, and at all times herein mentioned was, the owner of interests in the 20 following described real property situated in the City of Los Angeles, in the County of Los 21 Angeles, in the State of Califomia, commonly known as 7360 Vista Del Mar, Los Angeles, 22 California 90293, Assessor’s Parcel Number 4117-002-003 (the “Property”) with legal 23 description: 24 PARCEL I: 25 26 ALL THAT OF LOTS 4 AND 5 OF BLOCK 39 OF THE PLAYA DEL REY TOWNSITE TRACT, IN THE CITY OF LOS ANGELES, COUNTY OF LOS 27 ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 2 PAGE(S) 63 TO 66 OF MAPS, IN THE OFFICE OF THE COUNTY 28 RECORDER OF SAID COUNTY. 1 VERIFIED COMPLAINT FOR (1) CANCELLATION OF INSTRUMENTS AND (2) QUIET TITLE TOGETHER WITH THAT PORTION OF THE NORTHWESTERLY 7.50 FEET OF THE ALLEY LYING ADJACENT TO AND SOUTHEASERLY OF SAID LOTS 4AND 5 ABOVE, THAT WOULD PASS WITH A CONVEYANCE OF LOTS 4AND 5 ABOVE. PARCEL 2: THAT PORTION OF THAT CERTAIN ALLEY LYING ADJACENT TO AND SOUTHWESTERLY OF LOT 15 OF SAID TRACT, ABOVE NAMED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 15, BLOCK 39 OF TRACT NO. 8557, AS SHOWN ON MAP RECORDED IN BOOK 104 10 PAGE(S) 33 TO 35 OF MAPS; THENCE NORTHWESTERLY ALONG THE NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF 11 SAID LOT 15 TO THE CENTER LINE OF SAID ALLEY ; THENCE SOUTHWESTERLY ALONG SAID CENTER LINE TO THE 12 NORTHEASTERLY LINE OF WATERVIEW AVENUE, 60.00 FEET WIDE; 13 THENCE SOUTHEASTERLY ALONG SAID WATERVIEW AVENUE TO THE MOST WESTERLY CORNER OF SAID LOT 15; THENCE NORTHEASTERLY 14 ALONG THE NORTWESTERLY LINE OF SAID LOT 15 TO THE POINT OF BEGINNING. 15 16 7 Plaintiff is informed and believes, and upon such information and belief alleges, 17 Defendant Trust is the owner of interests in the neighboring property to the east of Plaintiff's 18 Property. Defendant Trust’s property is situated in the City of Los Angeles, in the County of Los 19 Angeles, in the State of Califomia, commonly known as 111 Waterview Street, Los Angeles, 20 California 90293, Assessor’s Parcel Number 4117-002-013 (the “Neighboring Property”) with 21 legal description: 22 23 LOT 15 OF BLOCK 39 IN TRACT NO. 8557 AS PER MAP RECORDED IN 24 BOOK 104, PAGES 33 TO 35 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA. 25 8 A fifteen-foot-wide alley runs between the Property and the Neighboring Property 26 (the “Alleyway”). 27 28 2 VERIFIED COMPLAINT FOR (1) CANCELLATION OF INSTRUMENTS AND (2) QUIET TITLE 9 Prior to 2005, Plaintiff's predecessors in interest, James S. Vaudagna and Josephine V audagna (collectively, “Plaintiff's Predecessor”), and Defendant Trust’s predecessor in interest, Richard Everett (“Defendant’s Predecessor”), had disputes over who owned the Alleyway. 10. In or around October 2005, Plaintiff's Predecessor and Defendant’s Predecessor entered into a settlement agreement to resolve their dispute over who owned the A lleyway (the “Settlement Agreement”). 11. As part of the Settlement A greement, Plaintiff's Predecessor agreed to grant Defendant’s Predecessor two easements over a portion of the Alleyway in exchange for the 10 acknowledgement that the Alleyway was owned in fee by Plaintiffs Predecessor as part of the 11 Property. 12 12. Priorto this Settlement A greement, the Alleyway was granted to City of Los 13 Angeles (the “City”) as a public right-of-way. The Settlement A greement assumed that the 14 Alleyway would be vacated by the City. 15 13. On or around November 11, 2005, Plaintiff's Predecessor purportedly granted 16 Defendant’s Predecessor two easements through an easement deed over a portion of the 17 Alleyway (the “Easement Deed”). A true and correct copy of this Easement Deed recorded 18 November 11, 2005, is attached hereto as Exhibit A. 19 14, Thereafter, Plaintiff's Predecessor filed an application with the City to vacate the 20 Alleyway. 21 15. In or around 2006, the City placed several conditions that had to be met to vacate 22 the Alleyway. Those conditions were never met. Because the conditions placed by the City 23 were never met, the City’s public right-of-way in the Alleyway was never vacated and remains t 24 this day. 25 16. On or around January 31, 2013, the Property was transferred to Plaintiff in fee 26 through a grant deed. A true and correct copy of this Grant Deed recorded January 31, 2013, is 27 attached hereto as Exhibit B. 28 3 VERIFIED COMPLAINT FOR (1) CANCELLATION OF INSTRUMENTS AND (2) QUIET TITLE FIRST CAUSE OF ACTION (QUIET TITLE AGAINST TRUST and DOES 1-10) 17. Plaintiff hereby incorporates by reference the allegations contained in paragraphs 1 through 16, as though fully set forth at length. 18. Plaintiff is informed and believes, and upon such information and belief alleges, that Defendant Trust herein claims an interest in the Property described which is adverse to Plaintiff's title and the City’s public right-of-way, such claim being that Defendant Trust owns two easements against the Property. 19. Defendant Trust’s claims are without any right and Defendant Trust does not own 10 any easements against the Property. 11 20. The purported easements granted in the Easement Deed directly conflict with the 12 City’s public right-of-way, which was granted prior to the recording of the Easement Deed and 13 remains valid to this day. These purported easements burden and interfere with the City’s public 14 right-of-way by potentially limiting the City’s future uses of the public right-of-way, such as a 15 public street. As a result, any easements granted against the A lleyway in the Easement Deed are 16 invalid. 17 21. Plaintiff seeks in this action a determination of its fee title free of any easements 18 claimed by Defendant in the Property as of November 22, 2005, the date of the Easement Deed 19 was recorded. 20 SECOND CAUSE OF ACTION 21 (CANCELLATION OF INSTRUMENTS AGAINST TRUST and DOES 1-10) 22 22. Plaintiff hereby incorporates by reference the allegations contained in paragraphs 23 1 through 21, as though fully set forth at length. 24 23. Defendant Trust’s Predecessor had two purported easements recorded against the 25 Property through the Easement Deed. 26 24. The Easement Deed was legally invalid because an additional easement on the 27 same land is not allowed if it burdens another prior easement. 28 4 VERIFIED COMPLAINT FOR (1) CANCELLATION OF INSTRUMENTS AND (2) QUIET TITLE 25. The purported easements granted in the Easement Deed allow, among other things, Defendant Trust to maintain a planter box in the Alleyway. This burdens and interferes with the City’s public right-of-way by potentially limiting the City’s present and future use of the| public right-of-way, for such use as a public street. 26. Plaintiff seeks in this action a cancellation of the Easement Deed pursuant to California Civil Code Section 3412 due to the Easement Deed being legally invalid. WHEREFORE, Plaintiff demands judgement against Defendants as follows: ON THE FIRST CAUSE OF ACTION (QUIET TITLE) 10 1 That it be determined that Plaintiff has good title to the Property hereinabove 11 described and that Defendant Trust has no right, title, interest, or estate in the Property; 12 2 That Defendant Trust be forever barred from asserting or claiming any title or 13 interest in the Property, real or potential, choate or inchoate, which it may now have; 14 3 For its costs of action; and 15 4 For such other further or different relief as to the Court may deem just and proper 16 as to the Property. 17 18 ON THE SECOND CAUSE OF ACTION (CANCELLATION OF INSTRUMENTS) 19 1 That the Easement Deed be cancelled pursuant to California Civil Code Section 20 3412: 21 2 That Defendant Trust be forever barred from asserting or claiming any title or 22 interest in the Property, real or potential, choate or inchoate, which it may now have; 23 3 For its costs of action; and 24 4 For such other further or different relief as to the Court may deem just and proper as to the Property. 26 27 28 5 VERIFIED COMPLAINT FOR (1) CANCELLATION OF INSTRUMENTS AND (2) QUIET TITLE COHEN JOHNSON BARTLETT LLP S.V. STUART JOHNSON By —a S.V. Stuart Johnson Attorneys for Plaintiff, Del Rey Vacations, LLC 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 VERIFIED COMPLAINT FOR (1) CANCELLATION OF INSTRUMENTS AND (2) QUIET TITLE VERIFICATION I, David Brady, am a shareholder of Del Rey Vacations, LLC, the Plaintiff, in this proceeding. I have read the foregoing Complaint for Quiet Title and Cancellation of Instruments and know the contents thereof. The same is true of my knowledge, except as to those matters which are therein stated on information and belief, and, as to those matters, I believe them to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 18th day of October, 2023, at Manhattan Beach, California. 10 11 /: 7 12 fe 6 ~EYe 13 Paid Brady “, 14 ‘On behalf of Plaintiff, Del Rey Vacations, 15 LLC 16 17 18 19 20 21 22 23 24 25 26 27 28 7 VERIFIED COMPLAINT FOR (1) CANCELLATION OF INSTRUMENTS AND (2) QUIET TITLE EXHIBIT A This page is part of your document - DO NOT DISCARD 05 2840186 RECORDED/FILED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA 11/22/05 AT 08:00am TITLE(S) : A NIM FEE D.T.T. FEE $3 | FF DAFS 2- C-20 q CODE 20 CODE 19 CODE 9 —— Assessor’s Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. Number of AIN’s Shown A THIS FORM IS NOT TO BE DUPLICATED A — SE as THTT205 05 2840186 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Richard Everett 111 Waterview Street Playa Del Rey, California ‘Space Above the Line for Recorder’s Use Only EASEMENT DEED THIS EASEMENT DEED is made and entered into effective as of this ad tay of September, 2005 by and between Comerica Bank — California FBO James S. Vaudagna Rollover IRA # 48-03-300-0679081, a trust (“Grantor”), and Richard Everett an individual (“Grantee”), with reference to the following facts: RECITALS RELLLALYD A Grantor is the owner in fee simple of the real property located in the County of Los Angeles, State of California, more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the “Grantor Property”). B. Grantee is the owner in fee simple of the real property located in the county of Los Angeles, State of California, located adjacent to the Grantor Property, more particularly described in Exhibit B attached hereto and incorporated herein by this reference (the “Grantee Property”). Cc. Grantor has agreed to grant to Grantee a permanent and exclusive easement over a portion of the Grantor Property adjacent to the Grantee Property, more particularly described on Exhibit C, (Part A) attached hereto and incorporated herein by this reference (the “Planterbox Easement Area”) for the purposes described in Section 1. D Grantor has agreed to grant to Grantee a permanent and nonexclusive easement over a portion of the Grantor Property adjacent to the Grantee Property, more particularly described on Exhibit C, (Part B) attached hereto and incorporated herein by this reference (the “Pedestrian Easement Area”) for the purposes described in Section 2. E References herein to “Grantors” and to “Grantee” shall include the grantees, successors, heirs, personal representatives, trustees and assigns of Grantors or Grantee, as the case may be, including without limitation any other successor in interest as provided in Section 3 below. DOGUMENT TRANSFER TAX$ “QO i mas _—_ COMPUTED ON FULL VALUE OF PROPERTY CONVEYED —— OR COM, UTED ON FULL VAI UE LESS LIENS AND ENcUt ING AT TIME OF SALE. NBI 659931 5 ‘Signeture Tor Agent detaining tax. Firm Name 11/22/05 y TERMS 22802 NOW, THEREFORE, taking the foregoing Recitals into account, and in consideration of the mutual covenants and conditions set forth herein, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee do hereby agree as follows: 1 Grant of Planterbox Easement. Grantor hereby grants to Grantee and his successors, assigns and heirs, for the benefit of Grantee Property, an exclusive and perpetual easement for landscaping, house cleaning, maintenance and repairs to the northerly and westerly portion of Grantee Property (the “Planterbox Easement”) over, across and under the Planterbox Easement Area. Grantor acknowledges and agrees that Grantee, at Grantee’s election and at the Grantee’s sole cost and expense, may from time to time (a) plant trees, shrubs, flowers, ground cover and other plants over the Planterbox Easement Area, and (b) maintain, replace and remove such landscaping. Grantee shall maintain the Planterbox Easement Area in a condition no less than consistent with the condition that existed in May 2005. Grantee and Grantor will meet and confer and seek the other party’s advice regarding any overall change in the nature or character of the landscaping in the Planterbox Easement Area. Grantor shall repair and maintain the present brick wall on the planterbox associated with the Planterbox Easement Area in a condition no less than consistent with the condition that existed in May 2005. Grantor may alter or replace that brick wall with a different form of wall, provided such replacement shall be in the same location and the same approximate height. Any such replacement wall shall provide structural support for the portion of the existing brick wall lying on the Grantee Property. 2. Grant of Pedestrian Easement, Grantor hereby grants to Grantee and his successors, assigns and heirs, for the benefit of Grantee Property, a perpetual but nonexclusive easement for pedestrian ingress and egress (the “Pedestrian Easement”) over and across the Pedestrian Easement Area. The Pedestrian Easement shall be solely for the purposes of gardening in the Planterbox Easement and for the cleaning, maintenance, and repair of the northerly and westerly portion of Grantee Property. 3 Successors and Assigns. The Planterbox Easement and Pedestrian Easement shall bind the Grantor Property for the benefit of the Grantee Property. The rights and obligations of Grantor and Grantee hereunder shall inure to the benefit of and shall be binding upon their respective successors, assigns, devisees and heirs. 4 Miscellaneous. 4.1. Nonwaiver. No delay or omission of either party in the exercise of any right accruing upon any default of the other party shall impair such right or be construed to be a waiver thereof, and every such right may be exercised at any time during the continuance of such default. A waiver by either party of a breach of, or a default in, any of the terms and conditions of this Easement Deed by the other party shall not be construed to be a waiver of any subsequent breach of or default in the same or any other provision of this Easement Deed. 4.2. No Dedication. Nothing contained in this Easement Deed shall be deemed a gift or dedication of the Grantor Property, or any portion thereof, to the general public, NBI 659931 5 05 2840186 ag Oe ee 11122708 for the general public, or for any public purpose whatsoever, it being the intention of the parties that this Easement Deed shall be strictly limited to and for the purposes expressed herein. 4.3, California Law. This Easement Deed shall be construed and interpreted in accordance with the substantive laws of the State of California without reference to choice of law or conflict of law provisions. 44. Attorneys’ Fees. In the event of any action to enforce or construe the provisions of this Easement Deed, the prevailing party in such action shall be awarded its costs and reasonable attorneys’ fees incurred in the defense or prosecution thereof as part of the judgment eventuating in such action. NBI 659931 5 3 05 2840186 1122/05 IN WITNESS WHEREOF, the parties have executed this Easement Deed on the SO" day of _ So heentoue 2005 “GRANTOR” Comerica Bank — California FBO James S. Vaudagna Rollover IRA # 48-03-300-0679081 By: Laaliga— whe James S. Vaudagnyé rus 05 2840186 NBI,659931.5 S-1 TT State of California ) ) ss. County ofbesAngeles ) On_&_ 30 , 2005, before me, L.aldtouws , a Notary Public, personally appeared James S, Vaudagna, (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s§4s/are subscribed to the within instrument and acknowledged to me that Gejshe/they executed the same i er/their authorized capacity(ies), and that by er/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. Pm G. OLDHAM Comm #1544002 NOTARY PUBLIG- CALIFORNIA - 0 — wy Co nee . nm Tan 20007 Signature (Seal) J 05 2840186 NB] 659931 5 N-1 _ — ee TP EXHIBIT A Grantor Property Parcel 1: All that of Lots 4 and 5 of Block 39 of the Playa Del Rey Townsite Tract, in the City of Los Angeles, County of Los Angeles, State of California, as per map recorded in Book 2 Page(s) 63 to 66 of maps, in the office of the County Recorder of said County. Together with that portion of the Northwesterly 7.5 feet of the alley lying adjacent to and Southeasterly of said Lots 4 and 5 above, that would pass with a conveyance of Lots 4 and 5 above. Parcel 2: That portion of that certain alley lying adjacent to and Southwesterly of Lot 15 of said Tract, above named and described as follows: Beginning at the most Northerly corner of Lot 15, Block 39 of Tract No. 8557, as shown on map recorded in Book 104 Page(s) 33 to 35 of maps; thence Northwesterly along the Northwesterly prolongation of the Northeasterly line of Waterview Avenue, 60.00 feet wide; thence Southeasterly along said Waterview Avenue to the most Westerly corner of said Lot 15; thence Northeasterly along the Northwesterly line of said Lot 15 to the point of beginning. Commonly known as: 7360 Vista Del Mar, Playa Del Rey APN: 4117-002-003 05 2840186 NBI 659931 5 A-l SANTO ee EXHIBIT B Grantee Property Lot 15, Block 39 of Tract No. 8557, City of Los Angeles, County of Los Angeles, State of California, as per map recorded in Book 104, page 33 of maps, in the office of the county recorder of said county. Commonly known as: 111 Waterview Street, Playa Del Rey APN: 4117-002-013 05 2840186 NBI 659931 5 B-1 Tor =< - q’ 1T2r0F * EXHIBIT C PLANTERBOX EASEMENT AREA LEGAL DESCRIPTION (PART A) A portion of land lying in the alley adjoining Lot 15 of Block 39 of Tract 8557 in the City of Los Angeles, County of Los Angeles, State of California, as per a map recorded in Book 104, pages 33 to 35 in the Office of the County Recorder of said County, said portion further described as follows and shown on plat map as “Part A,” attached hereto as C-3 and made a part hereof: Beginning at southwest comer of Lot 15 of Block 39 of Tract 8557 in the City of Los Angeles, County of Los Angeles, State of California, as per a map recorded in Book 104, pages 33 to 35 in the Office of the County Recorder of said County; Thence, North 21° 38’ 17” East, a distance of 73.14 feet along the westerly line of said Lot 15, to the most northerly corner of said Lot 15; Thence, leaving the westerly line of said Lot 15, North 68° 21’ 43” West, a distance of 3.05 feet measured at right angles to said last mentioned course to a point designated Point “A” for purposes of this description, and shown on said plat; Thence, South 21° 43” 20” West, a distance of 68.14 feet; Thence, South 09° 40’ 43” East, a distance of 5.83 feet to a point in a non-tangent curve, concave southwesterly and having a radius of 144.85 feet with a radial bearing at said point of South 27° 22” 41” West, said point being in the northerly sideline of Waterloo Avenue (currently known as Waterview Street), 60 feet wide, as shown on said Tract Map; Thence, southeasterly along said curve a distance of 0.11 feet through a central angle of 00° 02’ 37” to the point of beginning. Said portion containing 219 square feet, more or less. As shown on C-3, attached hereto and made a part hereof. 05 2840186 NBI 659931 5 C-1 ee ee oT PEDESTRIAN EASEMENT AREA LEGAL DESCRIPTION (PART B) A portion of land lying in the alley adjoining Lot 15 of Block 39 of Tract 8557 in the City of Los Angeles, County of Los Angeles, State of California, as per a map recorded in Book 104, pages 33 to 35 in the Office of the County Recorder of said County, said portion further described as follows and shown on plat map as “Part B, attached hereto as C-3 and made a part hereof: Beginning at Point “A” described in C-3; Thence, South 21° 43°20” West, a distance of 28.00 feet along the westerly line of said Exhibit C to the True Point of Beginning for this description; Thence leaving said westerly line of said Exhibit C, North 68° 21’ 43” West, a distance of 2.00 feet measured at right angles to said last mentioned course; Thence, South 21°43’ 20” West, a distance of 40.70 feet parallel with the westerly line of said Exhibit C; Thence parallel with the southwesterly line of said Exhibit C, South 09° 40’ 43” East, a distance of 4.91 feet to a point in a non-tangent curve, concave southwesterly and having a radius of 144.85 feet with a radial bearing at said point of South 26° 23’ 35” West, said point also being in the northerly side of Waterloo Avenue (currently known as Waterview Street), 60 feet wide, as shown on said Tract Map; Thence southeasterly along said curve a distance of 2.49 feet through a central angle of 00° 59° 06”; Thence leaving said curve and sideline of Waterview Street, North 09° 40° 43” West, a distance of 5.83 feet coincident with the southwesterly line described in said Exhibit C; Thence coincident with the westerly line described in said Exhibit C, North 21° 43’ 20” East, a distance of 40.14 feet to the True Point of Beginning. Said portion containing 93 square feet, more or less. As shown on C-3, attached hereto and made a part hereof. NB1 659931 5 C-2 05 2840186 | f EXHIBIT B This page is part of your document - DO NOT DISCARD ‘of los 20130161037 a) my i | | | Milt | il il | il Recorded/Filed in Official Records Pages: 0003 Now Recorder's Office, Los Angeles County, pam Callfornia Gres ron 01/31/13 AT 08:00AM FEES: 42.00 ‘TAXES 4,956.00 0.00 PCOR SURCHARGE $20.00 PAID: 4,998.00 A In | | | | | | ll VMI LEADSHEET IAI | | II 201301310260006 00007174051 IMA 004615714 SEQ: 23 DAR - Title Company (Hard Copy) LE AA IGN THIS FORM IS NOT TO BE DUPLICATED T2 RECORDING REQUESTED BY: Fidelity National Title Company WHEN RECORDED MAIL DOCUMENT AND WT TAX STATEMENT TO: 9173112013 David S. Brady and Paula H. Brady 1704 Poinsettia Manhattan Beach, CA 90266 *20130161037* APN: 4117-002-003 TITLE ORDER NO.: 19688444 ESCROW NO.: 4604-SL @ 2 THIS SPACE FOR RECORDER'S USE ONLY GRANT DEED The undersigned Grantor(s} deciare that the DOCUMENTARY TRANSFER TAX IS: County $ 973.50 City: $3,982.50 X_ computed on the full value of the interest of property conveyed, or computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. OR transfer is EXEMPT from tax for the following reason FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Comerica Bank - California FBO James S. Vaudanga Rollever IRA #48-03-300-0679081 HEREBY GRANT(S) to Del Rey Vacations, LLC, a California limited liability company All that real property situated in the City of Los Angeles, County of Los Angeles, State of California, described as: See Exhibit "ONE" attached hereto and made part hereof for legal description. Commonly Known As: 7360 Vista del Mar, Playa Del Rey, CA 90293 Dated: January 14, 2013 STATE OF CALIFORNIA coun COUNTY OF La. 2, Mage 2213 les . before me, 3 Comerica Bank - California FBO James S. Vaudanga Rollever IRA #48-03-300- 0679081 ay A Devfe- a Notary Public personally appeared neta S Hanae #7. Fowg o_ Lerern 2 Prog Sharon M. Fong, Authorized Signer 7 who proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) ésJare- subscribed to the within instrument and acknowledged to me that executed the same in his/fier/tReir authorized cap: a , and that by signature(s) on the instrument the person(s}, or the pon behalf of which the person(s) acted, executed the instrument. | certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and A. DOYLE correct. Conimission # 1981005 WITNES y hand and official seal. i tv Agta En i Velde — (SEAL) MAIL TAX STATEMENTS AS DIRECTED ABOVE Order No. 19688444 LEGAL DESCRIPTION EXHIBIT "ONE" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL I: ALL THAT OF LOTS 4 AND 5 OF BLOCK 39 OF THE PLAYA DEL REY TOWNSITE TRACT, IN THE CITY OF LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 2 PAGE(S) 63 TO 66 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH THAT PORTION OF THE NORTHWESTERLY 7.50 FEET OF THE VACATED ALLEY LY!ING ADJACENT TO AND SOUTHEASTERLY OF SAID LOTS 4 AND S ABOVE, THAT WOULD PASS WITH A CONVEYANCE OF LOTS 4 AND 5 ABOVE. PARCEL 2: THAT PORTION OF THAT CERTAIN VACATED ALLEY LYING ADJACENT TO AND SOUTHWESTERLY OF LOT 15 OF SAID TRACT, ABOVE NAMED AND DESCRIBED AS FOLLOWS; BEGINNING AT THE MOST NORTHERLY COMER OF LOT 15, BLOCK 39 OF TRACT NO. 8557, AS SHOWN ON MAP RECORDED IN BOOK 104 PAGE(S) 33 TO 35 OF MAPS; THENCE NORTHWESTERLY ALONG THE NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF SAID LOT 15 TO THE CENTER LINE OF SAID ALLEY; THENCE SOUTHWESTERLY ALONG SAID CENTER LINE TO THE NORTHEASTERLY LINE OF WATERVIEW AVENUE, 60.00 FEET WIDE; THENCE SOUTHEASTERLY ALONG SAID WATERVIEW AVENUE TO THE MOST WESTERLY COMER OF SAID LOT 15; THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT 15 TO THE POINT OF BEGINNING. Assessor's Parcel No: 4117-002-003 2 CLTA Preliminary Report Form - Modified (11/17/08)