HomeMy WebLinkAboutResolution No. 6458RESOLUTION NO. 6458
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ACCEPTING
A CERTAIN GRANT OF EASEMENT AND DIRECTING THE RECORDING THEREOF.
The City Council of the City of Azusa does resolve as follows:
SECTION 1 That certain Grant of Easement executed by
INVESTCAL REALTY CORPORATION
under date of day of 19 granting to the CITY OF AZUSA, a Municipal
Corporation in Los Angeles County, California, its successors and assigns, the right to perpetual
easement and right of way for publ:c purposes for drainage purposes
in, on, over, under, across and along the following described real property situate in the CITY
OF AZUSA, Los Angeles County, State of California to wit:
Attached hereto as Exhibit A, and by this reference incorporated herein.
Said Grant of Easement is hereby accepted, and the City Clerk is hereby authorized and
directed to cause the same to be filed for record in the office of the County Records of said County.
SECTION 2 The City Clerk shall certify to the adoption of this Resolution.
Adopted and approved this 7th day of September 19 76/j
ayor of We City of Azusa
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 7th day of September
19 76 , by the following vote of the Council:
AYES: Councilmen: Decker, Fry, Arkison, Solem
NOES: Councilmen: None
ABSENT: Councilmen: Cruz
l �
/s/ '
Ci y Cler of the City of Azusa
a
EASEMENT
THIS AGREEMENT made this 2nd day of August, 1976, by and between
INVESTCAL REALTY CORPORATION, hereinafter referred to as "Grantor",
KA'T'HRYN P. SOELBERG, individually and as Trustee and GLENN B. SOELBERG,
hereinafter referred to as "Grantee"; and the CITY OF AZUSA, hereinafter
referred to as "City of Azusa";
WITNESSETH:
WHEREAS, Grantor is the owner of certain real property, hereinafter
referred to as the Servient Tenement, described as follows
The southerly 350 feet of the easterly 300 feet of the northwest
quarter of the northwest quarter of the southwest quarter of
Section 36, Township 1 north, Range 10 west of San Bernardino
Meridian in the City of Azusa, County of Los Angeles, State of
California.
and
WHEREAS, Grantee is the owner of certain real property hereinafter
referred to as the Dominant Tenement, described as follows :
The northerly 350 feet of the northeast 1/4 of the northwest 1/4
of the southwest 1/4 of Section 36, Township 1 north, Range 10
west, San Bernardino Base and Meridian, in the City of Azusa,
County of Los Angeles, State of California, according to the
official plat thereof, save and except the northerly 50 feet thereof;
also except the easterly 38. 25 feet of said land; also except the
westerly 52 feet of said land.
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and
WHEREAS, Grantee, City of Azusa, is the owner of certain real .
property hereinafter referred to as the Dominant Tenement Road, described
as follows :
The westerly 52 feet of the northerly 350 feet of the northeast
1/4 of the northwest 1/4 of the southwest 1/4 of Section 36,
Township 1 north, Range 10 west, San Bernardino Base and
Meridian in the City of Azusa, County of Los Angeles, State
of California; and the easterly 8 feet of the southerly 350 feet
of the northwest 1/4 of the northwest 1/4 of the southwest 1/4
of Section 36, Township 1 north, Range 10 west, San Bernardino
Base and Meridian in the City of Azusa, County of Los Angeles,
State of California.
WHEREAS, Grantee and City of Azusa desire to acquire certain rights
in the Servient Tenement ;
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
A. Grantor hereby grants a non-exclusive 20 foot easement as
hereinafter described and located, to Grantee and City of Azusa for an indefinite
period of time, and to continue until terminated as hereinafter specified.
B. The easement granted herein is for the Servient Tenement to accept
surface waters from the Dominant Tenement and Dominant Tenement Road along
a drainage on the Servient Tenement.
C. The easement granted herein shall continue until such time as
the surface water from the Dominant Tenement and Dominant Tenement Road
can be diverted to a storm drain contemplated to be constructed along the
westerly side of the adjoining property to the south of the Dominant Tenement
to a city street known as Mauna Loa, in the City of Azusa, California. It is
further provided that the City of Azusa shall require the developer or developers
of the property to the south of the Dominant Tenement to construct such a storm
drain as referred to and to grant an easement for the burden of the surface water
of the two tenements herein. This easement granted herein shall automatically
terminate when the storm drain, hereinbefore mentioned, has been constructed
and can be connected with Powell Street to drain said street and the area of the
Dominant Tenement.
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D. The easement (drainage swale) shall be 10 feet on either side
of the center line, which is described as follows :
That portion of the N. W. 1/4 of the N. W. 1/4 of the S. W. 1/4 of Sec.
36, T. 1 N., R. 10 W., S. B. B. M.; beg. at the N. E. cor. Tract 16384,
M. B. 536.49/50, City of Azusa, County of Los Angeles, State of Calif.;
th. S. 890 48' 04" W. 621. 46' to the E. line of Citrus Ave; th. along the
E. line of Citrus Ave. N. O 0 06' 12" E. 172. 00'to the True P. O. B., th.
N. 890 48' 04" E. 326. 05' to the beg. of a curve concave N. W. 'ly; th.
109. 25' along said curve having a radius of 174. 92' and a central angle
of 350 47' 02" ; th. N. 540 01' 02" E. 211. 17'to a point on the R/W line
of Powell Ave.
E. The easement granted herein includes incidental rights of maintenance,
repairs, and replacement. After the original construction of the drainage swale,
the Dominant Tenement shall be obligated to maintain and repair the drainage
swale. The obligation to repair shall be joint and several as between any subsequent
owners of the Dominant Tenement, even though the subsequent owners may apportion
such cost of maintenance and repairs among themselves.
F. The easement granted herein is appurtenant to the Dominant Tenement
Road. only.
G. In the event Grantor develops or desires to develop or improve the
Servient Tenement, Grantor shall have the right to relocate this twenty (20) foot
easement over and across the Servient Tenement, provided that the City approves.
H. This agreement is entire and shall be binding upon and inure to the
benefit of the heirs, assigns, successors, executors, administrators and personal
representatives of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
the day and year first above written.
INVESTCAL REALTY CORPORATION
BY
President
ATTEST:
Secretary '
Owner of Servient Tenement
Kathryn P. Soelberg, IIndividually
and,. as Trustee,. -an
Glenn B. Soelberg
Owners of Dominant Teneme
CITY OF A USA 2
By
Mayor
ATTEST:
City Clerk
Owner of Dominant Tenement Road
1
Cil Y Ailf�:;<; i�Y
STATE OF CALIFORNIA
CONTY OF �r ,. - � I SS.
—'� OnL__ " I before me,
m the undersigned, a Notary Public in and for said County and State,
�pers nally ppeared
Q_l�' x.zc. _ .•�.'
R \
c known to nIL
Sto he the person`x, whose namr� ,ubscribed to the
within instrument and acknowledged thaLL1:�.�.�execu ted the
same. J
V
1
STATE OF CALIFORNIA
COUNTY OF San Die�'o ss.
u On July28 1976 before me,
,the uudeniencd, a Notary Public in and for said County and State,
personally appeared Peter H. Peckham
known to me Io be the_ President, and
Edward H. Sibbett
known to me to be
o Secretary of the corporation that executed the
b within Instrument, known to me to he the persons who executed the
0 within Lutntment on behalf of the corporation therein named, and
o acknowledged to me that such corporation executed the within
U instrument pursuant to its by"laws ora resolution of its board of
directors.
Signantu
y r
h
Name (Typed or Printed)
jNotary Public in and for said County and State
•
FOR NOTARY SEAL OR STAMP
^'�:+•
_...............................,niv,,.,mninvnun
OFFICIAL SEAL
RUTH
Fh AAs•
M. COLLINS
NOTARY PUBLIC -CALIFORNIA
7
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PRINCIPAL OFFICE IN
My CCITIMisSlOn
ORANGE COUNTY
Expires
Jan. 3, 1977
FOR NOTARY SEAL OR STAMP
OFFICIAL SEAL
M. E. BUCK
.-m NOTARY PUBLIC - CALIFORNIA
�. Principal Office, San Diego Co. Calif.
d
hly Commission Exp. Dec. 30, 1977
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