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HomeMy WebLinkAboutResolution No. 2010RESOLUTION N0. 2010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, LOS ANGELES COUNTY, CALIFORNIA, AUTHORIZING THE MAYOR OF THE CITY OF AZUSA TO EXECUTE A QUIT CLAIM DEED TO CERTAIN PRE1.1ISES LOCATED IN SAID CITY AND ALSO ACCEPTING A GRANT".DEED FROM TRE:: O TART INVESTMENT COMPANY, LTD. AND AZUSA FOOT -HILL CITRUS COMPANY AND DIRECTING THE CITY CLERK TO RECORD THE SAME. The City of Azusa does resolve as follows: WHEREAS the City of Azusa, did on or about the 6th day of May, 19+6, receive from said Omart Investment Company, Ltd., accorporation, an easement for public utilities granting unto the City of Azusa a right to construct, erect, install, maintain, operate and renew poleswires and appurtenances for the transmission of electrical energy and for telephone service, with the right of ingress and egress to and from the same, in, over, above, upon and along the following described property in Tract 13790 as per Map thereof recorded in Map Book 275 at Pages 46 and 47, Records of Los Angeles County, California, situated in the City of Azusa, as follows, to -wit: - (a) The westerly 12 feet of Lots 1, 2 and 32; (b) The westerly 6 feet of Lot 38, and WHEREAS, the City Council of said City of Azusa did accept said easement for public utilities at its regular meeting on May 6, 1946 and at said time by resolution authorized and instructed the City Clerk of said City to record the same In the office of the County Recorder of said Los Angeles County; and WHEREAS, said easement for public utilities was thereafter duly recorded in the office of the County Recorder of Los Angeles County on May 9, 1946 in Book 23140, Page 287 of Official Records of Los Angeles County, California; and -1- WHEREAS, the said Omart Investment Company, Ltd., a corporation, did not at said time intend to grant said right of way over and above the premises hereinbefore described, but did intend by said Grant Deed recorded as hereinbefore stated intend to convey to the City of Azusa an easement for public utilities over the westerly 6 feet of lots 1, 32 and 38 in Tract No. 13790 as per Map thereof recorded in Hap Book 275 at Pages 46 and 47, Records of Los Angeles County, California; and WHEREAS, the City of Azusa, a municipal corporation, did not intend that said Omart Investment Company, Ltd., a corporation, should convey to it an easement as described in said Deed dated May 3, 1946, but on the other hand, did intend that said Omart Investment Company, Ltd., should convey to the City an easement for public purposes over the westerly 6 feet of Lots 1, 32 and 38 in said Tract No. 13790; and WHEREAS, said City of Azusa does not have any use for the easement granted to it under and by virtue of said Deed dated May 3, 1946, but does on the other hand, desire an easement over and across said westerly 6 feet of Lots 1, 32 and 38 of said Tract No. 13790; and WHEREAS, the City of Azusa did not intend or expect to receive the right of way over and upon the premises described in said Deed of May 3, 1946; THEREFORE BE IT RESOLVED by the City Council of the City of Azusa, that the City of Azusa execute and deliver to the said Omart Investment Company, Ltd., a corporation, a Quit Claim Deed to the premises described in said Deed of 1,4ay 33 1946, to -wit The westerly 12 feet of Lots 1, 2 and 32 and the westerly 6 feet of Lot 38 in said Tract 13790 and that the Mayor of the City of Azusa be and he is hereby authorized and directed to sign the said Deed in the name of the City and the City Clerk is authorized to attest the same and to affix the seal of the City of Azusa thereto; BE IT FURTHER RESOLVED that the easement for public utilities dated August 1, 1946 executed by Azusa Foot -Hill Citrus Company, a corporation, and said Omart Investment Company, Ltd., a corporation, to the City of Azusa as grantee therein -2- I . 4 • b' granting to the City a right of way to construct, erect, install, maintain, operate, prepare and renew poles, wires and appurtenances for the transmission of electrical energy and for telephone service with the right of ingress and egress to and from the same, in, over, under, above, upon and along the following described property in Tract No. 13790 as per Map thereof recorded in Map Book 275 at Pages 46 and 47, Records of Los Angeles County, California, situated in the City of Azusa, as follows, to -wit: - The westerly 6 feet of Lots 1, 32 and 38 be and the bdmexis hereby accepted by the City of Azusa and the City Clerk is authorized and directed to record the same. BE IT FURTHER RESOLVED, that the Mayor shall sign this Resolution and the City Clerk shall attest the same and certify to the passage and adoption thereof. ATTEST: d/ Mae A. Hynes; City Clerk of the City ot zusa. Passed approved and adopted this �th day of August, 1946. -3 I HEREBY CERTIFY that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Azusa at a regular meeting of said Council of said City held in the regular council chambers of said City Council in said City August 5 , 1946, and that the same was passed by the following vote of the Council: AYES: Councilmen: NOES: None. ABSENT:None. Nasser, Jumper, Memmesheimer, Malone, and Lamm. Mae A. Hynea,66ity Clerk of the City of Azusa. _�