HomeMy WebLinkAboutResolution No. UB- 04-C27RESOLUTION NO. n4 -C'27 � c � ; 01,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AZUSA RELEASING A CERTAIN GRANT OF EASEMENT.
THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. For a valuable consideration, receipt of which is hereby acknowledged,
City of Azusa a municipal corporation, does hereby remiss, release and forever quitclaim to
Southern California Edison Company all its right, title and interest in and to that certain
easement for underground utility purposes, insofar and only insofar as said easement exists on,
over, under and across and along the following described real properties situated in the CITY OF
AZUSA, Los Angeles County, State of California, to wit:
See Exhibit "A" attached hereto Joint Use Agreement
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED THIS 2?* day March, 2004
CRISTINA CRUZ -MADRID MAYOR
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Utility
Board/City Council of the City of Azusa at a regular meeting of the Azusa Light &
Water Utility Board on the 22"' day of March, 2004.
AYES: COUNCILMEMBERS: HARDISON, STANFORD, CHAGNON, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
CITY CLERK
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RECORDING REQUESTED BY
SOUTHERN CALIFORNIA EDISON COMPANY
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
14799 CHESTNUT STREET
WESTMINSTER, CA. 92683-5240
ATTN: TITLE & REAL ESTATE SERVICES
RP File No. REL0385593
Serial No. 65889A
Affects SCE DOC. 475705
Job Order: 2139
0
SPACE ABOVE THIS LINE FOR RECORDER'S USE
JOINT USE AGREEMENT
THIS AGREEMENT, made and entered into this _ day of , 20_, by and
between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Company",
and the CITY OF AZUSA, a municipal corporation of the State of California, hereinafter called "City",
WITNESSETH:
THAT WHEREAS Company is the owner in possession of certain rights of way and
easement(s) for electrical facilities by virtue of the following easement rights:
That certain Grant of Easement from County Sanitation District No. 22 of Los Angeles
County, a body corporate and politic, recorded September 10, 2001, a Instrument No. 01-1704319 of
Official Records, in the Office of the County Recorder of Los Angeles County, hereinafter referred to
as "Company's Easement"; and
WHEREAS City has acquired easement rights for street and highway purposes for the
construction and/or improvement of Parkside Street and Jackson Avenue in said City, County of Los
Angeles, State of California, hereinafter referred to as "highway right of way", as shown on the print
attached hereto, marked "Exhibit A" and hereby made a part hereof which said highway right of way
is subject to Company's easement; and
WHEREAS Company's facilities as now installed and located on said highway right of way will
interfere with or obstruct the construction, reconstruction, maintenance or use of said street or
highway, and City desires to eliminate such interference or obstruction;
NOW THEREFORE, in consideration of the premises and the mutual covenants herein
contained, Company and City do hereby agree as follows:
The location of Company's easement insofar as it now lies within the said highway right of
way, be, and it hereby is, changed to the strip of land within said highway right of way, hereinafter
referred to as "new location", and shown and designated as "Area in Joint Use Agreement" on said
print marked "Exhibit A".
Company agrees to rearrange, relocate and reconstruct within said new location, any of its
facilities heretofore or now installed pursuant to Company's easement within said highway right of
0
Joint Use Agreement
S.C.E. Co., a corp., to
The City of Azusa
Serial 65889A
RP File: REL0385593
Affects SCE Document 475705
0
way. Company hereby consents to the construction, reconstruction, maintenance or use by City of a
street or highway over, along and upon Company's easement, both in the old location and in the new
location within said highway right of way, upon and subject to the terms and conditions herein
contained.
City acknowledges Company's title to Company's easement in said new location and the
priority of Company's title over the title of City in said new location. Company has and reserves the
right and easement to use, in common with the public's use of said street or highway, said new
location for all of the purposes for which Company's easement was acquired, without need for any
further permit or permission from City. Except in emergencies, Company shall give reasonable
notice to City before performing any work on Company's facilities in said new location where such
work will obstruct traffic. In all cases, Company shall exercise due care for the protection of the
traveling public.
In the event that the future use of said highway right of way shall at any time or times
necessitate a rearrangement, relocation, reconstruction or removal of any of Company's facilities
then existing in said new location, and City shall notify Company in writing of such necessity and
agree to reimburse Company on demand for its costs incurred in complying with such notice,
Company will provide City with plans of its proposed rearrangement and an estimate of the cost
thereof, and upon approval of such plans by City, Company will promptly proceed to effect such
rearrangement, relocation, reconstruction or removal. Company shall exercise due care for the
protection of the traveling public. No further permit or permission from City for such rearrangement,
relocation or reconstruction shall be required and City will (1) enter into a Joint Use Agreement on
the same terms and conditions as are herein set forth covering any such subsequent relocation of
Company's facilities within said highway rights of way, (2) provide executed document(s) granting to
Company a good and sufficient easement or easements over private property if necessary to replace
Company's easement or any part thereof, and (3) reimburse Company for any costs which it may be
required to expend to acquire such easement or easements, provided it is mutually agreed in writing
that Company shall acquire such easement or easements.
City agrees to indemnify, defend and reimburse Company for any loss Company may suffer
because of any lack of or defect in City's title to said new location or any subsequent location within
said highway right of way, or in the title to any easement provided by City over private property, to
which Company relocates its facilities pursuant to the provisions hereof, and City agrees that if
Company is ever required to relocate its facilities because of any such lack of or defect in title, City
shall reimburse Company for the cost of relocating its facilities and any other reasonable costs
arising therefrom, such as, but not limited to, costs to acquire any right of way required for such
relocation. City shall not reimburse Company for any loss caused by Company's own fault or
negligence.
Except as expressly set forth herein, this agreement shall not in any way alter, modify or
terminate any provision of Company's easement. Both City and Company shall use said new location
in such a manner as not to interfere unduly with the rights of the other. Nothing herein contained
shall be construed as a release or waiver of any claim for compensation or damages which Company
or City may now have or may hereafter acquire resulting from the construction of additional facilities
or the alteration of existing facilities by either City or Company in such a manner as to cause an
unreasonable interference with the use of said new location by the other party. City agrees that
Company's facilities shall not be damaged by reason of the construction, reconstruction or
-2-
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Joint Use Agreement
S.C.E. Co., a corp., to
The City of Azusa
Serial 65889A
RP File: REL0385593
Affects SCE Document 475705
maintenance of said street or highway, by the City or its contractors, and that, if necessary, City will
protect Company's facilities against any such damage, at City's expense.
Company shall have the right to remove, trim or top any vegetation, brush, tree or trees
which may grow in said new location in said highway right of way, and which in the opinion of
Company may endanger or interfere with the proper operation or maintenance of Company's
facilities, to the extent necessary to prevent any such interference or danger.
This agreement shall inure to the benefit of and be binding upon the Company and the City
and their respective successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in
duplicate by their respective officers thereunto duly authorized, as of the day and year herein first
above written.
SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation
M
Debra Holley
Right of Way Agent
Real Estate Operations Division
Corporate Real Estate Department
Title: A?i
Attest: �/ Hd�//%
Name: ds S /S -4/LW d h Ll /�el-t- 6L of
Title: 42/y b ge E '/0 SO4A%0
-3-
•
Joint Use Agreement
S.C.E. Co., a corp., to
The City of Azusa
Serial 65889A
RP File: REL0385593
Affects SCE Document 475705
STATE OF CALIFORNIA )
) ss.
COUNTY OF % R e I e S
0
On OUM 30, aooy, before me, ddORCE (24C6AAaagq 6�personally appeared
Oelf4ltyG Mabe(D MtgK /O& , personally known to me (or proved to me on the basis of
satisfactory evidence) to b(11"e/she)
�e� the person whose name is subscribed to the within instrument and
IP
acknowledged to me that e/she) executed the same in (k K/her) authorized capacity and that by
(hig/her) 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 (&�
STATE OF CALIFORNIA )
) ss.
COUNTY OF
On before me, , personally appeared
, 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/she/they) executed the same in (his/her/their) authorized capacity and
that by (his/her/their) 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
-4-
IRACT
OF AZUSA
WITHIN A PORTION OF No. 52992,
M.B. 1283,
CITY
STATE OF
CALIFORNIA
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EXHIBIT A
LEGEND L1FpPa\p
AREA IN JOINT USE AGREEMENT WITH THE
0 30 60 120
CITY OF AZUSA
3582.90 SQ.FT. = 0.08 ACRES
SCALE IN FEET
PROJECT NAME: CTAC IRWINDALE CORP WAREHOUSE
M.S. 55-91
MAP & F.B. REF: 10512 59-61, TR 52992, 1283/83
CITY: AZUSA
DRAWN BY: R. CORDOVA SURVEYED BY: MORSE
COUNTY: LOS ANGELES
EDISON
DATE: 12-15-0LAND INFO.: J. GLASSER SER.: 65889A
J.D.: 2139
LES: 5511
Iro7ERroRT1®PoAL
CHECKED BY: L. KELLEY
File Name: M:\ARCHIVE\DRAWING\ RC5511A.DW
0 0
RESOLUTION NO. 04-C26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
MAKING CERTAIN FINDINGS UNDER HEALTH AND SAFETY CODE
SECTION 33445 WITH RESPECT TO THE USE OF REDEVELOPMENT
AGENCY FUNDS FOR THE ACQUSITION OF REAL PROPERTY FOR
THE LIBRARY PROJECT
WHEREAS, the City of Azusa is pursuing grant funding for the construction of a new
library at the comer of Foothill Boulevard and Dalton Avenue; and
WHEREAS, the City must acquire certain parcels of real property upon which the library is
to be constructed; and
WHEREAS, the acquisition of the parcels includes not only the purchase price, but related
acquisition costs, including relocation expenses; and
WHEREAS, the Agency intends to use redevelopment funds to pay for the acquisition costs;
and
WHEREAS, the Library Project is located near the Agency's Merged Redevelopment Project
Area; and
WHEREAS, with the consent of the City Council and subject to the Council's ability to
make certain findings more particularly hereinafter set forth, the Agency is authorized by Health and
Safety Code Section 33445 to use the redevelopment funds in the manner described in the preceding
recital.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Azusa as
follows:
Section 1. Based on the information made available in the staff report accompanying this
Resolution, the oral presentation of staff, and such other written and oral evidence as presented to the
City Council, the City Council hereby makes the following findings pursuant to Health and Safety
Code Section 33445 with respect to the Agency's obligation to use redevelopment funds for the
acquisition costs for the property related to the Library Project:
1. That the Library Project will be a benefit to the Agency's Merged Redevelopment
Project Area, because it will eliminate blighting conditions and provide a new Library and
Educational Center.
2. That there are no other reasonable means of financing the new Library and
Educational Center, in that the amount of financial resources available from the State Bond
Grant for the Project are limited and there are no federal or other public or private funds
available to finance the public improvements associated with the Library Project.
Page 1 of 2
0 0
3. The Agency's payment of redevelopment funds for certain acquisition costs will
assist in the elimination of economic and physical blighting conditions within the Project
Area, in that it will provide an attractive new library/educational facility for individuals in the
Project Area to use, improve the aesthetic appearance of the Project Area, and lead to greater
pride of property ownership and maintenance practices of the residents in the Project Area,
which will likely increase property values in and surrounding the Project Area.
Section 2. The Agency's payment of redevelopment funds for the new Library and
Educational Center is consistent with the Implementation Plan that the Agency has previously
adopted for the Project Area pursuant to Section 33490 of the California Health and Safety Code.
Section 3. The City Manager and the Executive Director is hereby authorized, with the
concurrence of the City Attorney, to take such further actions and execute such other agreements as
may be necessary or appropriate in administering the actions authorized by this Resolution.
Section 4. This Resolution shall become effective upon its adoption.
5TH day of March, 2004.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City of Azusa at a
regular meeting thereof, held on the 15'a day of March, 2004.
AYES:
COUNCIL MEMBERS:
HARDISON, STANFORD, CHAGNON, MADRID
NOES:
COUNCIL MEMBERS:
NONE
ABSTAIN:
COUNCIL MEMBERS:
NONE
ABSENT:
COUNCIL MEMBERS:
ROCHA
Z
City Clerk
Page 2 of 2
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WARRANT REGISTER #10 FISCAL YEAR 2003-04
WARRANTS DATED 02/15/04 THRU 02/29/04
RESOLUTION NO. 04-C25
COUNCIL MEETING OF 03/15/04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING
THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID
THE CITY COUNCIL OF THE CITY OF AZUSA does resolve as follows:
SECTION 1. That the following claims and demands have been audited as required by law and
that the same are hereby allowed in the amounts and ordered paid out of the respective Funds as
hereinafter set forth:
00
Pooled Cash
$-160,387.34
10
General Fund
613,585.57
12
Gas Tax
1,287.90
15
Transportation/Proposition A Fund
2,930.51
17
Transportation/Proposition C Fund
1,585.82
18
Community Development Block Grand Fund
13,151.57
19
Dwelling Tax Fund (Quimby Act)
0.00
21
Senior Nutrition Fund
2,889.78
22
Capital Projects Fund
34,680.36
24
Public Benefit Program
2,482.16
26
Supplemental Law Enforcement Fund
1,311.32
27
Air Quality Improvement Fund
297.04
28
State Grants & Seizures
24,497.33
29
Fire Safety Fund
342.17
31
Consumer Services Fund
55,762.96
32
Water Fund
248,719.00
33
Light Fund
790,528.83
34
Sewer Fund
10,687.87
42
Self Insurance Fund
10,638.00
43
Central Services Fund
9,152.37
46
Equipment Replacement Fund
2,310.06
48
IT Services Fund
22,199.69
49
Public Works Endowment Fund
0.00
50
Special Deposits Fund
0.00
Total $1,688,310.80
SECTION 2. That the City Clerk shall certify to the adoption of this resolution and shall deliver
a certified copy thereof to the City Treasurer and shall retain a certified copy thereof in his own records.
APPROVED1his 15th
YOR
day of
March
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 15th day of March 2004,
by the following vote of the Council:
AYES: COUNCILMEMBERS: HARDISON, STANFORD, CHAGNON, MADRID
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: Rom
CITY CLERK
WARRANTS# NONE
WARRANTS# NONE
WARRANTS# 60336 —60754
WIRES# 98472 —98490
VENDOR EFT# 00238 -00239
HAND WRITTEN
SPOILED DOCUMENTS
COMPUTER -WRITTEN
Ll
RESOLUTION NO 04-C24
0
A RESOLUTION OF THE CITY OF AZUSA, CALIFORNIA,
ACCEPTING A GRANT DEED AND DIRECTING
ITS RECORDATION THEREOF
THE CITY COUNCIL FOR THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS:
SECTION 1. The interest and title conveyed by that certain Grant Deed
executed by David A. Parker, President, Chase Partnerstnder the date of
February 25, 2004 , granting to the City of Azusa the property therein
particularly described is hereby accepted. Said property is generally described as
follows: Being a portion of Lots 12 and 13 of Tract No. 14072, as shown by map
on file in Book 282, Pages 20 and 21, records of Los Angeles County, California
located in the City of Azusa, County of Los Angles, State of California,
described as follows: The Westerly 5.00 fet of said Lots 12 and 13 of Tract No.14072
Containing 0.02 acres, (1,000 square feet) more or less.
SECTION 2. The City Clerk is hereby authorized and directed to execute
certificate of acceptance in substantially the form prescribed by Section 27281 of
the Government Code and to cause the said Grant Deed and said Certificate to be
filed for record in the Office of the County Recorder of the County of Los Angeles.
3. The CityGlprk shall certify to the adoption of this Resolution.
15th
day of March , 20-u.
Cristina Cruz -Madrid , 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 15th day of March
20 04 by the following vote of the Council:
AYES: COUNCIL MEMBERS: HARDISON, STANFORD, CHAGNON, MADRID
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: ROCHA
ABSTAIN: COUNCIL MEMBERS: NONE
Vera Mendoza , CITY CLERK
•
Recording Requested by:
City Clerk's Office
When recorded mail to:
Azusa City Clerk's Office
City of Azusa
213 E. Foothill Blvd.
Azusa, CA 91702-1395
GRANT DEED
0
This Space for Recorder's Use
Documentary Transfer Tax $�
XComputed on full value of property
_ or, on full value less liens and encumbrances
at time of sale. _
Signature of Declarant or Agent
FOR VALUABLE CONSIDERATION, receipt of which is acknowledged,
Todd Azusa LLC hereby grants to the City of Azusa, a Municipal Corporation
in Los Angeles County, that certain real property fully described below, in the City of Azusa, County
of Los Angeles:
SEE EXHIBIT "A" AND EXHIBIT "B" ATTACHED HERETO
Executed on l"CC alge 2S , Zooq at
State of Caljform
County of! C�A
AllreW &V.
On - �J' , bo j mte/ Aavl/na notary public, personally
appearedy kck A onally known to me ( s
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, and that by his signature
on the instrument the person, or the entity upon half of which the person acted, executed the
instrument.
WITNESS my hand and official
Signature 17R (seal
04 is
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