HomeMy WebLinkAboutResolution No. UB- 05-C0910 0
RESOLUTION NO. 05-C91
A RESOLUTION OF THE UTILITY BOARD/CITY COUNCIL OF THE CITY OF
AZUSA ACCEPTING CERTAIN GRANT OF EASEMENT AND DIRECTING THE
THE UTILITY BOARD/CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY
RESOLVE AS FOLLOWS:
SECTIONS 1. That certain Grant of Easement executed by The City of Pasadena, under date
of the I Ith of August, 2005 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 pipeline and related facilities, necessary thereto for the delivery of water 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" attached hereto, a Grant of Easement
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 Recorder of said
County.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED THIS 20 day of September, 2005
Vl
Diane Chagnon, Mayorq
EAT:
Vera Mendoza, City Clerk
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 26h day of September, 2005.
AYES: COUNCILMEMBERS: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEM 3ERS: NONE
Vera Mendoza, City Clerk
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
The City of Azusa
Light and Water Department
729 North Azusa Avenue P. O. Box 9500
Azusa, CA 91702
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THIS DOCUMENT IS FILED AT THE
REQUEST OF THE CITY OF AZUSA
PURSUANT TO SECTION 6103 OF THE
GOVERNMENT CODE. NO FEE SHALL BE
CHARGED THEREFOR.
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
GRANT OF PERMANENT EASEMENT NO. 7842
FOR VALUABLE CONSIDERATION, receipt -Of which -is -hereby acknowledged,
CITY OF PASADENA, CALIFORNIA ("Grantor"), a municipal corporation, 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 a water pipeline for conducting
'water to the Azusa conduit after bay (pipeline) 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 and subject to
the Conditions of Use delineated below.
Together with all necessary and convenient means of ingress and egress to and
from said right-of-way or strip or parcel of land for the purpose of constructing,
reconstructing, maintaining, operating, repairing, renewing, replacing, using,
altering, or removing in any manner the Pipeline together with any and all of the
purposes hereinbefore mentioned.
Grantor may terminate this easement on sixty (60) days notice to Grantee in
event Grantee fails to perform any of the following covenants and conditions.
CONDITIONS OF USE
1. Grantor's access to the entire property, including easement, shall not be
impeded in any way by Grantee's use.
2. Any improvements, repairs, or maintenance required for pipeline,
construction and/or maintaining Grantee's access to easement and
pipeline shall be solely at Grantee's expense. This provision includes
(without limitation) repair/replacement of the bridge for access to
Grantee's easement area, brush/debris clearance (including effects of
landslides, etc), and improvements to the canal for such purposes. City of
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Azusa must comply with any brush clearance ordinance that requires
clearance of brush away from its utility structure.
3. Grantee shall provide and cause any contractor it hires to work on the
easement to provide, general liability insurance with a minimum of
$1,000,000 combined single limits, primary to any insurance carried by the
Grantor and endorsing the City of Pasadena as an additional insured.
Grantee (City of Azusa) may provide evidence of self-insurance to the City
of Pasadena to meet this requirement and it may certify at the beginning of
the contract with an indication that it is to be "continuous until cancelled".
City of Azusa is obligated to re -certify the insurance at least every 3rd year,
anytime there is a change in coverage, as well as have any contractor
hired by the City of Azusa certify coverage before entering upon the
easement. City of Azusa agrees to provide worker's compensation
insurance for any person working in the easement with a waiver of
subrogation running in favor of the City of Pasadena. This obligation can be
met by requiring any contractor providing workers to comply with the
worker's compensation provisions of the California Labor Code.
4. Grantor retains the right to provide a substitute equivalent easement and
relocate the pipeline to the substitute location (at Grantor's expense) at a
future date.
5. Grantee shall not operate pipeline in a way that interferes with
maintenance or operation of the after bay or generation plant.
6. Grantor or its assigns have no ownership of the Pipeline and no duty to
repair it, maintain it, inspect it, give notice of any discovered defect, or
keep it from falling into a dangerous condition. Grantor, its Council
Members, Officers, Commissioners, employees and agents have no
liability for pipeline damage, regardless of cause; except that this "no
liability" provision does not apply to an employee of Grantor if it is proven
that the employee engaged in willful or reckless misconduct and is not
entitled to defense and indemnity from City of Pasadena (Grantor) under
terms of the Government Code.
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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 1 1*= day of 2005.
CITY OF PASADENA
YNTHIA J. RTZ
City Manager
ATTEST:
APPROVED AS TO FORM: -
This-91—day 016'*, 20.
CLZ
i Sy
J _CLERKL.RODRIGUEZ,CMC Assistant CityAnOmay
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State of California
County of Los
On August 11, 2005, before me, Peter Petzold, a Notary Public, personally
appeared Cynthia J. Kurtz, personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(-is/-afe subscribed to the within instrument and
acknowledged to me that he/sheAhey executed the same in his/her/their-authorized capacity(ies),
and that by his/her#', � signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
and official seal.
(seal)
-7F: R PE.-ZOLD
- Commision #F 1339171
z
a Natary Public- California �
i.os Angeles County
Pay Cc mm. Vii: Jan 12, 2D06
Grant of Permanent Easement No. 7842
• EXHIBIT "A" •
LEGAL DESCRIPTION
PERMANENT EASEMENT
That portion of Lot 5 of Section 22, Township 1 North, Range 10 West, San Bemardino Base and
Meridian, in the City of Azusa, County of Los Angeles, State of California, according to the official plat
of said land approved by the Surveyor General on April 61 1876, more particularly described as follows:
A strip of land, 15.00 feet wide, lying 7.50 feet on each side of the following described centerline:
Commencing at the southeast comer of Parcel I as described in deed to Azusa Valley Water Company
recorded as instrument number 312 on November 171 1961, of Official Records, records of said county;
Thence S88°02'33"W along the southerly line of said Parcel 1 a distance of 400.72 feet to the TRUE
POINT OF BEGINNING;
Thence S1°45'35"E 31.71 feet;
Thence S 50°29' 12"E 90.26 feet;
Thence S15°54'57"E 171.59 feet;
The sidelines of said strip of land shall be'shortened or lengthened so as to terminate at the southerly line
of said Parcel 1.
Containing 4,403 square feet, or 0.101 acres, more or less.
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EXHIBIT "Bn
A
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CITY OF AZUSA
STATE OF CALIFOP,NIA
118 W. LIME
ENUE
MONROVIA, CA.v910116 WATERLINE EASEMENT
engineering inc (626) 357-0588
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Grant of
Permanent Easement No. 7842 dated July 7, 2005, from the City of Pasadena, a
municipal corporation, to the City of Azusa, a municipal corporation, is hereby accepted
by order of the City Council of the City of Azusa, on September 26, 2005, pursuant to
authority conferred by resolution of said City Council adopted on September 26, 2005,
and the Grantee hereby consents to the recordation thereof by its duly authorized officer.
Dated: September 26, 2005
By: l / �� "L'w
Deputy City Clerk, City of Azusa