HomeMy WebLinkAboutResolution No. 3695� sf
RESOLUTION NO. 3695
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AZUSA ACCEPTING A CERTAIN EASEMENT,AUTHORIZING
THE MAYOR TO EXECUTE THE SAME AND DIRECTING THE
RECORDATION THEREOF.
The City Council of the City of Azusa does resolve as
follows:
SECTION 1. That certain Easement executed by Pacific
Electric Railway Company under date of November 11, 1957, conveying
to the City of Azusa an easement for power line purposes over a portion
of Lot 85 of Subdivision No. 2 of the Azusa Land and Water Company,
in the City of Azusa, County of Los Angeles, State of California, is
hereby accepted, and the Mayor is authorized and directed to execute
the same on behalf of the City, and the City Clerk is authorized and
directed to cause the same to be filed for record in the office of
the County Recorder of Los Angeles County.
SECTION 2. The City Clerk shall certify to the adoption
of this resolution.
Adopted and approved this 2nd day of December, 1957.
.--M
Mayor
I hereby certify that the foregoing resolution was duly
adopted by the City,.Council of the City of Azusa at a regular meeting
thereof held on the 2nd day of December, 1957, by the following vote
of the Council:
AYES: Councilmen: Ortuno, Romero, Johnson, Memmesheimer
NOES: Councilmen: None
ABSENT:Councilmen: Fawcett
Yom!
/city Clerk
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US 3nhPttWP made this
betaiten PACIFIC ELECTRIC RAILWAY COMPANY,a California Corporation, party of the first part,
and the
CITY OF AZUSA
P" of the second part:
Wt WRJOPh: That said party of the first part hereby grants to said party of the second part, ease.
ment for power line
on the northerly 12 feet
purpoces, hereinafter termed systen%(ZNXXX2X0r9=of the right of way or property of said party of the
first pan in the Ci of Azusa County of Los Angeles
State of California, described as follows:
A strip of land, 12 feet in width situate in the City
Of Asmsat County of Los Angeles, tate of California,
within Lot 85 of Subdivision Son S of the Azusa Land
and Water Cmapany, as shown can map recorded in Book
439 page 94 of Miscellanecas Records, in the office
Of the Recorder of said County said 12 foot strip
being more particularly described as follows,
Said 12 foot strip being the northerly 12 feet of
that certain 80 foot strip of land described in
deed to Los Angeles Inter.Vrban Railway Company re-
oDrd*6 in Book 2712, page 207 of Deeds in the affice
of the Recorder of said County, said 1� foot strip
having as its westerly boundary the westerly line of
said Lot 851 and as its easterly boundary, a line
parallel to the said westerly line and distant east-
erly tLerofrom, 415 feet.
Said 12 foot strip is shown colored yellow on plat
CEK-28289 hereto attached and made a part hereof.
In consideration of the execution of this easement the party of
the second part agrees to pave and maintain the pavement with-
in the area between the lines two feet outside of the rails of the
tracks in Ninth Street from a point opposite the easterly property
line of Pasadena Avenue easterly to the present limit of dedication.
TOGETHER with the rig• o enter upon and to pass and repass ovRand along said strips of land and
to deposit tools, implements and other material thereon by said party of the second part, its officers, agents
and employees and by persons under contract with it and their employees, whenever and wherever necessary
for the purpose of constructing, maintaining, reconstructing, inspecting, operating and repairing said system.
IT BEING expressly understood and made a condition of this grant that the right of the part), of the
first part, its successors or assigns to maintain its present and any future tracks or other facilities along
these parcels shall be recognized as prior in time to this grant.
IN CONSIDERATION of the foregoing grant the party of the second part hereby agrees to indemnify
and save harmless the party of the first part, its successors and assigns from any and all damages, claims,
demands and liabilities whatsoever growing directly or indirectly out of the construction, reconstruction,
maintenance, operation, or removal of said system.
1. To reimburse railroad for all costs and expense incurred by railroad in connection with the construc-
tion, reconstruction, maintenance and removal of the system;
2. To reconstruct, alter or make changes in the location of the system when railroad so requires;
3. To require its contractors to enter into an indemnification agreement with railroad covering the
work to be performed by contractor upon and adjacent to railroad property and to furnish a bond or
public liability and property damage liability insurance within limits specified by and in a form sat-
isfactory to railroad in connection therewith;
4. To pay for all materials joined or affixed to and all labor performed on railroad property; and
5. To pay reasonable attorney fees in addition to the amount of judgment and costs in any suit brought
by railroad to compel performance of any covenant or condition contained in the indenture.
The party of the second part agrees to construct, reconstruct, maintain, operate, remove and alter said
systern in ouch manner that it will not interfere in any way whatsoever with the operations of said party of
the first part,its successors or assigns,and that the location of said system and all work in connection with
the construction, reconstruction, maintenance, operation, removal, alteration, etc., of said system shall be done
in a first class workmanlike manner.
The party of the second part agrees that upon completion of any work in connection with said system,
as much as possible of the earth excavated from the trenches thereof shall be thrown back into the trenches
and the remainder shall be removed from the premises or spread out evenly, and smoothly over the surface
of the ground, and that all of said back -filling shall be thoroughly packed so that the ground will not sink
or cave in after said back -filling is completed.
The rights and privileges hereby granted shall lapse and become void if not exercised within one year
from the date hereof.
THE GRANT hereby made is upon the further condition subsequent that theremises aforedescribed
shall at all times be used by the party of the second part for the purposes hereinbefore set forth. and none
other, and if at any time such use shall be abandoned or discontinued• all rights and privileges hereby granted
shall forthwith cease and determine, and the party of the second -part shall thereupon remove said structure
and re.,tore said premises, as nearly as possible, to the same state and condition they were in prior to the
construction thereof, failing in which the party of the first part may perform such work, and the said party
of the second part agrees to reimburse the party of the first part for the cost and expense thereof upon
demand.
THIS INSTRUMENT is subject to all valid existing contracts, leases, liens or encumbrances which may
affect the property and the word "grant" as used herein, shall not be construed as a covenant against the
existence of any thereof.
IN WITNESS WHEREOF the parties hereto have caused respective corporate names and 'Orals to be
affixed hereunto and these presents executed by their respective officers thereunto duly afmwrizad-the 48v
and year first above written.
PACIFIC ELECTRIC RAIIA�-1_'O`vIPAN',
CCITY OF AZUSA
Mayor
#tat# of Qlaitfornia as
tllomttg of Xos Angles
V c rest of ttd Gencral'IG(tcr.
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On
On this ...-._( da, uiJ
1 )_..-.7 before me
M. '%A -r7
.... ....
........... ............... ...a Notary Public in and for
said Count., personally app,-are,i ,._.t' i_t%+✓!5
known to me to he the.. ...... _ ....-Vice President and General iManalger, and ._ ... .__ ............ _......._... .. .
known t ntc to be the ........... ......Secretary of the PACIFIC ELECTRIC kAILWAF COMPANY, the
Corpnrab,r :' at c- tited the t+ithin and foregoing instrument, and known to me to be the persons who
eNrc ited , l withi, ufstnunent on behalf of the corporation therein named, and acknowledged to me that such
Curp,;at.o: "cu_ ; ,he same.
"Unt" mr ; ,t ; ,fl"ii ial seal the (lay and year in th;s certificate first above written.
xOTnt¢1' LIC m anA for the Conntr ai Los dnyN<s. $ute of California
XV r• r,,. you •-'r. ..may.,, era ia. neo
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West Line of
Lot 85
Q�7 Way.
aaye 207 - _,fes 1 _
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EEK 2828
EASEMENT PLAT
"= 100' �Fe 3-6-56