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HomeMy WebLinkAboutResolution No. UB-8-14RESOLUTION NO. UB -8-14 A RESOLUTION OF THE UTILITY BOARD/CITY COUNCIL OF THE CITY OF AZUSA ACCEPTING A CERTAIN GRANT OF PERMANENT EASEMENT AND DIRECTING THE RECORDING THEREOF. THE UTILITY BOARD/CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That Grant of Permanent Easement, Addendum and Exhibits A and B attached hereto are accepted as executed by CARRIAGE FUNERAL SERVICES OF CALIFORNIA, INC., under the date of July 15th, 2014 to the CITY OF AZUSA, a Municipal Corporation in Los Angeles County, State of California, its successors and assigns, the right of perpetual easement and right of way solely for the purpose of constructing, laying, maintaining, operating, using, altering, repairing, replacing, inspecting and relocating therein and thereupon and / or removing there from electrical utility lines and related facilities, with any and all connections and devices necessary thereto for the transportation, distribution and /or supply of electricity to the property, in, on, over, under across and along the following described real properties situated in the CITY OF AZUSA, Los Angeles County, State of California, to wit: See Exhibits "A" and `B" attached hereto Grant of Permanent Easement. SECTION 2. That the City Clerk is hereby authorized and directed to cause said attached Grant of Permanent Easement, Addendum and Exhibits A and B to be filed for recording in the Office of the Los Angeles County Recorder. SECTION 3. That the City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 281h day of July, 2014. / ZV114 /" J seph Romero Rocha Mayor ATTEST: ;etlfrea ce Cornejo, J . City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. UB -8-14 was duly adopted by the City Council/Utility Board at a regular meeting of the Azusa Light & Water Utility Board on the 28`h day of July, 2014. AYES: BOARD/COUNCILMEMBERS: GONZALES, CARRILLO, ALVAREZ, ROCHA NOES: BOARD/COUNCILMEMBERS: NONE ABSENT: BOARD/COUNCILMEMBERS: MACIAS J fry a r ce Cornejo, Jr. Secretary/City Clerk RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: The City of Azusa THIS DOCUMENT IS FILED AT THE Light and Water Department REQUEST OF THE CITY OF Azu SA 729 North Azusa Avenue PURSUANT TO SECTION 6103 OF P. O. Box 9500 'THE GOVERNMENT CODE. NO Azusa, CA 91702 FEE SHALL BE CHARGED THEREFOR. (SPACE ABOVE THIS LINE FOR RECORDER'S USE) GRANT OF PERMANENT EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CARRIAGE FUNERAL SERVICES OF CALIFORNIA, INC., a California corporation ("Grantor"), does hereby grant to the CITY OF AZUSA, CALIFORNIA, a municipal corporation, its successors and assigns, and its and their employees, contractors and agents ("Grantee"), the permanent easement and right-of-way to construct, maintain, operate, use, repair, alter, replace, and remove electrical systems and communications systems consisting of, but not limited to, overhead power lines, poles and fixtures, guy wires, underground conduits, pull boxes, transformers, pads, vaults, cables, conductors and other fixtures and appliances, with the necessary appurtenances, for conveying electric energy to be used for light, heat, power and for transmitting data by electrical means and/or other purposes ("Systems") over, under, in, along, and across the following described parcel of real property situated in the City of Azusa, County of Los Angeles, State of California: As described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Together with all necessary and convenient means of ingress and egress to and from said right- of-way or strip or parcel of land, free from any and all buildings, equipment, vegetation, combustible materials, or obstructions of any kind, for the purpose of constructing, reconstructing, maintaining, operating, repairing, renewing, replacing, using, altering, or removing in any manner the Systems together with any and all of the purposes hereinbefore mentioned. Grantee shall indemnify, defend and hold harmless Grantor, its officers, directors, employees and agents from all liabilities, damages, claims or judgments ("Claims") arising from Grantee's use, design, construction, maintenance or occupancy of the easement area or Grantee's exercise of its rights, privileges and obligations under this Easement, except to the extent that any such Claims arise from Grantor's negligence or willful misconduct. TO HAVE AND TO HOLD the above granted and described premises unto the CITY OF AZUSA, CALIFORNIA, its successors and assigns forever. IN WITNESS HERETO, Grantor has executed this Grant of Permanent Easement this 15th day of July, 2014. CARRIAGE FUNERAL SERVICES OF CALIFORNIA, INCCC., a Califo "a cor oration By: J David J. DeCarlo Its Executive Vice President STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me this 15th day of July, 2014, by David J. DeCarlo as Executive Vice President of Carriage Funeral Services of California, Inc., a California corporation, on behalf of the corporation. He is personally known to me. A1SI..� ts'K a� RAYII NLIONSMAM Signature (SEAL) NOTARY AIBlIC STATEOF YM Notary Public in and for the State of Texas o-1-20-20'15 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Grant of Permanent Easement dated Julv 15, 2014, from Carriage Funeral Services of California, Inc. ("Grantor"), to the City of Azusa ("Grantee"), a California municipal corporation, is hereby accepted by order of the Azusa Utility Board and City Council of the City of Azusa on July 28, 2014, and the Grantee hereby consents to the recordation thereof by its duly authorized officer. Date: % Id -gr zo/?' By: y�,P� seph R. Rocha, Mayor City of Azusa STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF AZUSA ) On --L� � a before me, U - cry c, �j Lo Z Notary Public in and for the State of Cali rnia, personally appeared, osep k'r2 - '2o cht . Mayor of the City of Azusa, who proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. J. V. HERNANDEZ Commission # 1998874 WITNESS my hand and official seal. i -� Notary Public - ca;ifornia z Z Los Angeles county n My Comm. Expires Nov 22.2016 i Signature —� �Cti �! z (SEAL) EXHIBIT "A" LEGAL DESCRIPTION A 3 FOOT WIDE STRIP OF LAND, OVER, UNDER AND ACROSS LOTS 7 & 8 IN BLOCK 33 OF THE AZUSA TRACT, IN THE CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 15, PAGES 93 THROUGH 96 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THE CENTER LINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT 8, SAID POINT BEING 3.57' SOUTH OF THE NORTHWEST CORNER OF SAID LOT 8; THENCE EAST 104.00 FEET; THENCE NORTH 3.57 FEET TO THE NORTH LINE OF SAID LOT 8; THENCE, CONTINUING NORTH 50.00 FEET TO THE NORTH LINE OF SAID LOT 7. THE SIDELINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE ON THE WESTERLY LINE OF SAID LOT 8 AND THE NORTHERLY LINE OF SAID LOT 7 CONTAINING 0.011 ACRES (473 SQUARE FEET) MORE OR LESS. Prepar under /t supervision of: V Samuel I. Giron, RCE 27886 101' 114" Q• i G 5a 131 CIVIL ��FCAUF�Q�\P