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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 0 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- 0 0 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 0 25.5' —PARKSIDE---ST.---�— ---� --- 25 24 23 48 15 --14 I w 16 26 J� 22 O � N �P 17 \ 27 21 I z o V) a 5' 18 ��� N 28 20 15' Q' N in N N 19 ---JEREZ— ST.------ IAND SU JEREZ — ST.--- 5�p J. F� %* 0, i .S. 7973 ti 12 3 sT9TFCFCA 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 0 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 has ejer ('pan / (2/3) 53y.32-/2 My mrsci u, EXprre�s�p1# 1107 MV