HomeMy WebLinkAboutResolution No. 92-C117RESOLUTION NO. 92-C117
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 HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. That certain Grant of Easement executed by Lewis Homes
of California under date of the 13th day of July, 1992, granting to the CITY OF
AZUSA, a Municipal Corporation in Los Angeles County, State of California, its
successors and assigns, the right to 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 therefrom
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 property
situated in the CITY OF AZUSA, Los Angeles County, State of California to wit:
See Exhibit "A"
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 Recorders of said County.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
1992.
PASSED, APPROVED AND ADOPTED this 8th day of September
'
1 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 8th
day of September , 1992.
AYES: COUNCILMEMBERS: DANGLEIS, MADRID, NARANJO, ALEXANDER,
MOSES
NOES: COUNCILMEMBERS: NONE
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EFFLCT UPON TITLE
RECORDING REQUESTED BY:
CITY CLERK - CITY OF AZUSA
AND WHEN RECORDED MAIL TO:
City Clerk - City of Azusa
777 North Alameda Avenue
P. 0. Box 9500
Azusa, CA 91702
12885
GRANT OF EASEMENT
SPACE ABOVE THIS LINE FOR RECORDERS USE
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITRUS COVE
DEVELOPMENT COMPANY, a California limited partnership does hereby grant to
XECITY OF AZUSA, a California municipal corporation ("Grantee"), its successors
XE
assigns, subject to the conditions set forth below, a non-exclusive perpetual
easement in gross and related right-of-way for ingress and egress under and
across the lands of the Grantor situated in the City of Azusa, County of Los
Angeles, State of California (the "Property"), described as follows:
SEE EXHIBIT A & B ATTACHED HERETO.
By using the benefits of this Grant of Easement, Grantee agrees to the
obligations, responsibilities, and limitations set forth below.
The easement and right-of-way (collectively, the "Easement") shall be used by
Grantee solely for the purpose of constructing, laying, maintaining, operating,
using, altering, repairing, replacing, inspecting and relocating therein and
thereupon and/or removing therefrom 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. This
Easement is being granted with reference to Section 2.11 of those certain
Declaration of Restrictions of Citrus Cove Condominium Project, recorded on
September 16, 1991, as Instrument No. 91-1453462 in the Official Records of Los
Angeles County.
The right of ingress and egress included in the Easement must be exercised in
such a way as will do the least possible damage to the lands, plantings, or any
other improvements whatsoever thereon. Any such damage caused by Grantee shall
be repaired by Grantee at its sole cost and expense.
Grantor retains the right to use the surface areas and the right to use the
subsurface areas of the Easement in such manner as Grantor shall deem proper
(including, without limitation, the right to relocate this Easement); provided,
however, that if Grantor shall require Grantee to change or relocate Grantee's
electrical utility lines and related facilities, or any appurtenances incidental
thereto, all cost in connection with such work will be paid by the Grantor.
Grantee agrees to install electrical utility lines and systems for the purpose
of providing an adequate supply of electricity to the_ improvements which Grantor
has erected, is erecting, or will erect upon the Property (including, without
limitation, the residential units constructed, being constructed, and to be
constructed upon the Property). Grantee represents that it has all the necessary
rights to provide such supply of electricity for Grantor's improvements. Such
service shall be furnished to Grantor in accordance with the tariffs on file with
the Pubic Utilities Commission of the State of California.
All of Grantee's obligations, responsibilities, and limitations as set forth in
this Easement shall apply to Grantee's successors and assigns but Grantee's
successors and assigns shall only be entitled to the benefits of this Easement
as further provided in subparagraph (e) below.
Grantor reserves the right to grant to
provided, however, that no such grant to
the rights granted to Grantee hereunder.
others rights in and to this Easement;
others shall materially interfere with
&A17 -741J`51
Grant of'Easement
Citrus Cove Development Company to City of Azusa
0
Page 2
Grantee, for itself, its successors and assigns, by its use of this Easement also
agrees:
('a) That where main lines are constructed, they shall be laid so that the top
of same shall be at least thirty-six (36) inches below the surface of the
ground.
(b) To maintain all electrical utility lines and other facilities at all times
as free from damage from negligence or normal use as possible by the
exercise of reasonable diligence to prevent such damage and, should such
damage develop in said electric utility lines or appurtenances, they shall
be repaired promptly at Grantee's expense. Grantee shall be liable for
its own negligence in the exercise of its rights hereunder and shall
indemnify Grantor, its guests, agents, employees, and contractors
(collectively for the purposes of this paragraph only, "Indemnitee")
harmless against and from all losses, damages, liabilities, and claims of
any kind for loss or damage to the property of any other person or for any
injury to or death of any person arising out of: (a) any use of the
Easement by Grantee or by anyone allowed upon the Easement by Grantee;
(b) any breach or default by such Grantee of any of Grantee's obligations
under this Grant of Easement; and (c) any negligent or otherwise tortious
act or omission of Grantee. This indemnity shall not apply to any loss or
damage arising out of the sole negligence or willful misconduct of
Indemnitee, or solely from defects in the design furnished by Indemnitee.
(c) To replace or repair all improvements (including, without limitation, any
pavement, curbing or landscaping) disturbed or damaged by Grantee during
the initial installation or subsequent repairs to said electrical utility
system or any other use by Grantee of the Easement. .
(d) In its use of the Easement, Grantee shall not permit any claim, lien or
other encumbrance arising from such use, to accrue against or attach to
said Easement or in the interest of Grantor in the lands over or under
which this Easement is granted.
(e) Except• for a transfer or conveyance to another public or private
electrical utility, Grantee shall not under any circumstances assign or
otherwise convey any of its rights or obligations hereunder, without the
express prior written consent of Grantor. If this Easement is assigned,
transferred, or conveyed, by operation of law or otherwise, to any other
public or private electrical utility, said assignee, transferee, or
grantee (and its successors and assigns), by the continued use of said
Easement agrees to conform with and be bound by the conditions of this
Grant of Easement.
(f) That other utility providers may have previously been granted rights in
the Property in or near the Easement and Grantee shall exercise its rights
in and to this Easement in such a way as to coordinate its use with that
of all utility providers with rights to use the Property in an economical
and efficient manner.
IN WITNESS WHEREOF, this instrument is executed this 13th day of July, 1992.
CITRUS COVE DEVELOPMENT COMPANY,
a California limited partnership
By: LEWIS HOMES OF CALIFORNIA,
a California general partnership,
Its General Partner
By:.4 tom°
Authorized Agent
92 1288528
Grant of Easement
Citrus Cove Development Company to City of Azusa Page 3
STATE OF CALIFORNIA )
SS.
COUNTY OF SAN BERNARDINO )
On July 13, 1992 before me, Sherilyn B. Dixon
, a Notary Public in and for said county and state,
personally appeared Dennis A. Alekel . an authorized agent of
LumPANY. a w itornla limlted partnership, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity as authorized agent of the general partner of the
partnership that executed the within instrument, and that by his signature on the
instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal
Signature
KPC:rlj:h:940\61243.AZ
061792
92 1288528
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NO SCALE
JUNE 9,1992
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EXHIBIT "B"
(Revised July 7, 1992)
PARCEL 1
THOSE PORTIONS OF LOTS 1 AND 2 OF TRACT NO. 49112 IN THE CITY OF
AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AS SHOWN ON MAP
FILED IN BOOK 1170, PAGES 7,8, AND 9 OF MAPS IN THE OFFICE OF THE
RECORDER OF THE COUNTY OF LOS ANGELES WITHIN A STRIP ON LAND 5.00
FEET WIDE,,THE NORTHERLY, NORTHWESTERLY, WESTERLY, SOUTHWESTERLY,
SOUTHERLY, SOUTHEASTERLY, AND EASTERLY LINE OF SAID STRIP OF LAND
IS DESCRIBED AS FOLLOWS:
BEGINNING AT THE WESTERLY TERMINUS OF,THAT CERTAIN COURSE IN THE
SOUTHERLY LINE OF THAT CERTAIN EASEMENT AS SHOWN ON SAID TRACT NO.
49112 DESIGNATED AS "EASEMENT TO THE CITY OF AZUSA FOR SANITARY
SEWER AND PUBLIC UTILITY PURPOSES, PRIVATE DRIVEWAY AND FIRE LANE"
HAVING A BEARING OF N 89'59'39" E AND A DISTANCE OF 118.37 FEET;
THENCE N 89'59'39" E ALONG SAID SOUTHERLY LINE AND FOLLOWING THE
LINES OF SAID EASEMENT THROUGH ALL ITS VARIOUS COURSES TO THE
SOUTHERLY TERMINUS OF THAT CERTAIN COURSE IN THE WESTERLY LINE OF
SAID EASEMENT HAVING A BEARING OF N 0'00'21" W AND A DISTANCE OF
188.79 FEET; SAID SOUTHERLY TERMINUS IS THE BEGINNING OF A TANGENT
CURVE CONCAVE EASTERLY HAVING A RADIUS OF 65.50 FEET; THENCE
SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0'48'58" A
DISTANCE OF 0.93 FEET.
THE SOUTHERLY SIDELINE OF SAID PARCEL 1, AT ITS POINT OF BEGINNING,
SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE IN THE WESTERLY
LINE OF SAID LOT 2.
THE WESTERLY LINE OF SAID PARCEL 1, AT ITS SOUTHERLY TERMINUS,
SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE IN A LINE
BEARING S 89'59'39" W FROM THE SOUTHERLY TERMINUS FROM THE ABOVE
DESCRIBED LINE HAVING A DISTANCE OF 0.93 FEET.
PARCEL 2
THOSE PORTIONS OF LOTS 1 AND 4 OF SAID TRACT NO. 49112 DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF IAT 4 OF SAID TRACT NO. 49112;
THENCE S 89059'39" W ALONG THE SOUTHERLY LINE OF SAID LOT 4 A
DISTANCE OF 9.47 FEET; THENCE N 0'00121" W 90.00 FEET; THENCE
S 89' 59'39" W 50.99 FEET; THENCE N 0.00121" W 5.00 FEET; THENCE
S 89059'39" W 35.00 FEET TO A POINT IN THE WESTERLY LINE OF SAID
TRACT NO. 49112; THENCE N 0.00149" E ALONG SAID WESTERLY LINE 20.00
FEET; THENCE N 89'59139" E 91.08 FEET TO A POINT IN THE WESTERLY
LINE OF THE EASEMENT TO THE CITY OF AZUSA MENTIONED IN THE ABOVE
DESCRIBED PARCEL 1; THENCE SOUTHERLY ALONG SAID LAST MENTIONED
WESTERLY LINE THROUGH ALL ITS VARIOUS COURSES TO THE POINT OF
BEGINNING.
PARCEL 3
THAT PORTION OF LOT 1 OF SAID TRACT NO. 49112 DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE
N 0.00'21" W ALONG THE EASTERLY LINE OF SAID LOT 1 A DISTANCE OF
82.47 FEET TO THE TRUE POINT OF BEGINNING; THENCE S 89.59'39" W
17.00 FEET TO A POINT IN THE EASTERLY LINE OF THAT CERTAIN EASEMENT
TO THE CITY OF AZUSA MENTIONED IN THE ABOVE DESCRIBED PARCEL 1;
SAID POINT IS THE BEGINNING OF A NONTANGENT CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 14.50 FEET, A RADIAL TO SAID POINT
BEARS N 89.59139" E; THENCE NORTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 90'00'00" A DISTANCE OF 22.78 FEET; THENCE N
89.59'39" E TANGENT TO SAID CURVE 2.50 FEET TO A POINT IN THE
EASTERLY LINE OF SAID LOT 1; THENCE S 0'00121" E ALONG SAID
EASTERLY LINE 14.50 FEET TO THE TRUE POINT OF BEGINNING.
92 12885213
PARCEL 4
THOSE PORTIONS OF LOTS 1 AND 2 OF SAID TRACT NO. 49112 DESCRIBED AS
FOLLOWS:
BEGINNING AT THE EASTERLY TERMINUS OF THAT CERTAIN COURSE IN THE
NORTHERLY LINE OF THE EASEMENT TO THE CITY OF AZUSA MENTIONED IN
THE ABOVE DESCRIBED PARCEL 1, HAVING A BEARING OF N 89.59'39" E AND
A DISTANCE OF 137.50 FEET WITHIN SAID LOT 2; THENCE S 89'59139" W
ALONG SAID NORTHERLY LINE 5.50 FEET; THENCE N 0.00121" W 17.50
FEET; THENCE N 89'59139" E 21.50 FEET; THENCE N 0.00121" W 160.00
FEET; THENCE S 89'59139" W 16.00 FEET; THENCE N 0.00121" W 25.50
FEET TO A POINT IN THE SOUTHERLY LINE OF SAID EASEMENT TO THE CITY
OF AZUSA; THENCE EASTERLY, SOUTHERLY AND WESTERLY ALONG SAID
SOUTHERLY, WESTERLY AND NORTHERLY LINES OF SAID EASEMENT TO THE
CITY ,OF AZUSA THROUGH ALL ITS VARIOUS COURSES TO THE POINT OF
BEGINNING.
PARCEL 5
THAT PORTION OF LOT 2 OF SAID TRACT NO. 49112 DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHWEST CORNER OF SAID LOT 2; THENCE
N 89'59139" E ALONG THE NORTHERLY LINE OF SAID LOT 2 A DISTANCE OF
21.47 FEET; THENCE S 0'00121" E ALONG A PARALLEL TO THE WESTERLY
LINE OF SAID LOT 2 A DISTANCE OF 113.20 FEET TO A POINT IN THE
NORTHEASTERLY LINE OF THE ABOVE DESCRIBED PARCEL 1; THENCE
NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 1 TO A
POINT IN THE WESTERLY LINE OF SAID LOT 2; THENCE N 000121" W ALONG
THE WESTERLY LINE OF SAID LOT 2 A DISTANCE OF 93.66 FEET TO THE
POINT OF BEGINNING.
PARCEL 6
THAT PORTION OF LOT 1 OF SAID TRACT NO. 49112 DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE WESTERLY LINE OF SAID LOT 1 DISTANT
N 0'00'49" E 110.00 FEET FROM THE MOST SOUTHWEST CORNER OF SAID IAT
1; SAID POINT IS THE NORTHWEST CORNER OF SAID PARCEL 2; THENCE
N 89'59'39" E 86.08 FEET TO A POINT IN THE WESTERLY LINE OF THE
ABOVE DESCRIBED PARCEL 1; THENCE N 0'00121" W ALONG SAID WESTERLY
LINE 189.72 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 74.50 FEET; THENCE NORTHERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 13'17'30" A DISTANCE OF
17.28 FEET TO THE TRUE POINT OF BEGINNING; THENCE N 21053110" W
22.79 FEET; THENCE S 89'59139" W 75.51 FEET TO A POINT IN THE
WESTERLY LINE OF SAID LOT 1; THENCE N 0'00149" E ALONG SAID
WESTERLY LINE 18.47 FEET; THENCE N 89'59139" E 35.00 FEET; THENCE
N 0'00'21" W 5.00 FEET; THENCE N 89'59'39" E 74.99 FEET TO A POINT
IN THE NORTHWESTERLY LINE OF SAID PARCEL 1; THENCE SOUTHWESTERLY
ALONG SAID LAST MENTIONED NORTHWESTERLY LINE TO THE TRUE POINT OF
BEGINNING.
92 1288528
PARCEL 7
THAT PORTION OF LOT 4 OF SAID TRACT NO. 49112 DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 4; THENCE
N 89'59'39" E ALONG THE SOUTHERLY LINE OF SAID IAT 4 A DISTANCE OF
67.00 FEET TO TRUE POINT OF BEGINNING; THENCE N 0'00121" W 5.00
FEET; THENCE N 89°59139" E 10.00 FEET; THENCE S 0000121" E 5.00
FEET TO A POINT IN THE SOUTHERLY LINE OF SAID LOT 4; THENCE
S 89'59'39" W ALONG SAID SOUTHERLY OF LINE 10.00 FEET TO THE POINT
OF BEGINNING.
PARCEL 8
THAT PORTION OF LOT 1 OF SAID TRACT NO. 49112 DESCRIBED AS FOLLOWS:
BEGINNING AT THE WESTERLY TERMINUS OF THAT CERTAIN COURSE IN THE
SOUTHERLY LINE OF SAID EASEMENT TO THE CITY OF AZUSA MENTIONED IN
THE ABOVE DESCRIBED PARCEL 1, WITHIN SAID LOT 1, HAVING A BEARING
OF N 89'59'39" E AND A DISTANCE OF 137.50 FEET; THENCE
N 89'59'39" E ALONG SAID SOUTHERLY LINE 40.00 FEET; THENCE
S 0'00'21" E 5.00 FEET; THENCE S 89'59'39" W 40.00 FEET; THENCE
N 0'00'21" W 5.00 FEET TO THE POINT OF BEGINNING.
92 1288528