HomeMy WebLinkAboutResolution No. UB- 05-C0900 •
RESOLUTION NO. 05—C90 .
A RESOLUTION OF THE UTILITY BOARD/CITY COUNCIL OF THE CITY OF
AZUSA ACCEPTING CERTAIN GRANT OF EASEMENT AND DIRECTING THE
RECORDING THEREOF.
THE UTILITY BOARD/CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY
RESOLVE AS FOLLOWS:
SECTIONS 1. That certain Grant of Easement executed by Los Angeles County, under date
of the 5th of July, 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, with any and all connections and devices necessary thereto
for the service of water 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.
`---.P SSED APPROVED AND ADOPTED THIS 26th day of September, 2005
Vl �
Diane Chagnon, Mayor
ATTE
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 26`s day of September, 2005.
AYES: COUNCILMEMBERS: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Vera Mendoza, City Clerk
GRIGINA
RECORDING REQUESTED BY
AND MAIL TO:
CITY OF AZUSA LIGHT & POWER
c/o Chet F. Anderson
729 North Azusa Avenue
Azusa, CA 91702-9500
•
EASEMENT
For a valuable consideration, receipt of which is hereby acknowledged,
the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic,
hereinafter referred to as "District', does hereby grant to the CITY OF AZUSA, a municipal
corporation, hereinafter referred to as "Grantee," a perpetual easement for water line purposes in,
on, under and across the real property in the City of Azusa, County of Los Angeles, State of
California, described in Exhibit "A" attached hereto and by this reference made a part hereof.
Subject to all matters of record and to the following reservation and conditions which the Grantee,
by the acceptance of this Easement document and/or the exercise of any of the rights granted
herein, agrees to keep and perform, viz:
District reserves the paramount right to use said land for flood control purposes.
2. Grantee agrees that it will not perform or arrange for the performance of any
construction or reconstruction work in, on, over, under and across the land herein -
described until the plans and specifications for such construction or reconstruction
work shall have first been submitted to and been approved in writing by the Chief
Engineer of the Los Angeles County Flood Control District. Such approval shall not
be interpreted or inferred as an endorsement or approval as to the design,
accuracy, correctness or authenticity of the information shown on the submitted
plans and specifications. Furthermore, such approval cannot be relied upon for any
other purpose or by any third party for any reason whatsoever. The District does
not accept ownership or responsibility for the improvements.
File with: SAN GABRIEL CANYON SPREADING GROUNDS 4
308 -RW -1
S. D. 1 M0223012
Space Above This Line Reserved for Recorder's Use
THIS DOCUMENT IS EXEMPT FROM DOCUMENTARY TRANSFER TAX
PURSUANT TO SECTION 11922 OF THE REVENUE & TAXATION CODE
Assessor's Identification Number:
THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT
8684-013-924 (Portion)
TO SECTION 27383 OF THE GOVERNMENT CODE
EASEMENT
For a valuable consideration, receipt of which is hereby acknowledged,
the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic,
hereinafter referred to as "District', does hereby grant to the CITY OF AZUSA, a municipal
corporation, hereinafter referred to as "Grantee," a perpetual easement for water line purposes in,
on, under and across the real property in the City of Azusa, County of Los Angeles, State of
California, described in Exhibit "A" attached hereto and by this reference made a part hereof.
Subject to all matters of record and to the following reservation and conditions which the Grantee,
by the acceptance of this Easement document and/or the exercise of any of the rights granted
herein, agrees to keep and perform, viz:
District reserves the paramount right to use said land for flood control purposes.
2. Grantee agrees that it will not perform or arrange for the performance of any
construction or reconstruction work in, on, over, under and across the land herein -
described until the plans and specifications for such construction or reconstruction
work shall have first been submitted to and been approved in writing by the Chief
Engineer of the Los Angeles County Flood Control District. Such approval shall not
be interpreted or inferred as an endorsement or approval as to the design,
accuracy, correctness or authenticity of the information shown on the submitted
plans and specifications. Furthermore, such approval cannot be relied upon for any
other purpose or by any third party for any reason whatsoever. The District does
not accept ownership or responsibility for the improvements.
File with: SAN GABRIEL CANYON SPREADING GROUNDS 4
308 -RW -1
S. D. 1 M0223012
• SAN GABRIEL CANYON
,PREADING GROUNDS 4
Easement Page 2
3. Grantee agrees that it will defend, indemnify and save harmless the District and the
County of Los Angeles (as third party beneficiary), and their officers, agents and/or
employees, from any and all liability, loss or damage as the result of any act or
omission by Grantee, its officers, agents, or employees relating to the exercise by
Grantee, or its officers, agents, or employees of any of the rights granted to it by this
easement.
4. It is expressly understood that District will not be called upon to construct, repair,
maintain, or reconstruct any structure or improvement to be erected or constructed
pursuant to this Easement and shall bear no responsibility in connection therewith.
5. The provisions and agreements contained in this Easement document shall be
binding upon Grantee, and all successors, heirs, and assigns.
To the extent any lawful assessment be levied pertaining to the area to which this
easement applies and to the extent that the assessment is based on the structures and
improvements being constructed under the authority of this easement and provided further that
the assessment be levied following Grantee's exercise of this easement to construct such
structures and improvements, Grantee agrees to pay on behalf of District, that part of any such
assessment levied against the District which is based on the value contributed to that area by
Grantee's said improvements.
Dated JUL 0 5 2W
(LACFCD-SEAL)
ATTEST:
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT,
a body corporate and politic
v
Chair, Bodrd of Supervisors of the
Los Angeles County Flood Control District
VIOLET VARONA-LUKENS, Executive Officer
of the Board of Supervisors
of the County ods Angeles
KDR:in I
P:Conf:eSN GAB CSG4.doc
NOTE: Acknowledgment form on reverse side
File with: SAN GABRIEL CANYON SPREADING GROUNDS 4
308 -RW 1
A.P.N. 8684-013-924 (Portion)
T.G. 568 (H3)
I.M. 159-297
First District
M0223012
LEGAL DESCRIPTION
(Grant of easement for waterline purposes)
Those portions of Lots 37 and 39, Subdivision No. 2, Azusa Land and Water Company,
as shown on map recorded in Book 43, page 94, of Miscellaneous Records, in the office
of the Recorder of the County of Los Angeles, within a strip of land 15.00 feet wide, the
westerly and northwesterly sidelines of said strip of land being described as follows:
Beginning at the intersection of the northerly line of Parcel 6, Parcel Map No. 24852, as
shown on map filed in Book 284, pages 91 to 95, inclusive, of Parcel Maps, in the office
of said recorder, and a line parallel with and 41.00 feet westerly, measured at right
angles, from the easterly line of said Lot 37; thence northerly along said parallel line, a
distance of 44.46 feet to the southeasterly boundary of that certain parcel of land
designated as "LANDS DESC. AS TRACT NO. 1, IN DEED REC. IN CIVIL ORDER
BOOK NO 68 OF U.S. DIST. COURT, SOUTHERN DIST. OF CALIF., PAGE 791" on
map recorded in Book 85, pages 3, 4 and 5, of Record of Surveys, in the office of said
recorder; thence northeasterly along said southeasterly boundary to the northerly line of
said Lot 39.
The sidelines of the above-described 15.00 -foot wide strip of land shall be prolonged or
shortened at angle points so as to terminate at their points of intersection, at the
beginning thereof so as to terminate in the northerly line of said Parcel 6 and at the
ending thereof so as to terminate in the northerly line of said Lot 39.
Containing: 20,946± s.f.
EXHIBIT A
D:\LP\DMS files\mpm0241096.rwe.fieg.doc
3/18/2003