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HomeMy WebLinkAboutResolution No. 05-C0960 RESOLUTION NO. 05-C96 0 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 30th 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, 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. PASSED, APPROVED AND ADOPTED THIS 24th day of October, 2005 Diane Chagnon, Mayor Vera .. City Cle 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 24h day of October, 2005. AYES: COUNCILMEMBERS: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE -Z�� Vera Mendoza, City Clerk RECORDING REQUESTED BY AND MAIL TO: CITY OF AZUSA LIGHT & WATER c/o Chet F. Anderson 729 North Azusa Avenue Azusa, CA 91702-9500 0 THIS DOCUMENT IS EXEMPT FROM DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 111922 OF THE REVENUE & TAXATION CODE Assessors Identification Numbers: THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT 8684-013-906 and 924 (Portions) 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 and electrical conduit 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, 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. 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. File with: SAN GABRIEL CANYON SPREADING GROUNDS 4 Affects: Parcel P -9F 308 -RW 1 S. D. 1 M0123010 • SAN GABRIEL CANYW SPREADING GROUNDS 4 Easement Page 2 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 Sfi U (LACFCD-SEAL) ATTEST: LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic By CHNRMAR PRO TEt9, 90AR0 OF SUPERVISORS Los Angeles County Flood Control District VIOLET VARONA-LUKENS, Executive Officer of the Board of Supervisors of the County of Los Angeles P:Conf:eSN GAB CSG P-W.doc NOTE: Acknowledgment form on reverse side STATE OF CALIFORNIA • ) • ) ss. COUNTY OF LOS ANGELES 1 On January 6, 1987, the Board of Supervisors for the County of Los Angeles and ex officio the governing body of all other special assessment and taxing districts, agencies and authorities for which said Board so acts adopted a resolution pursuant to Section 25103 of the Government Code which authorized the use of facsimile signatures of the Chairman of the Board on all papers, documents, or instruments requiring his/her signature. The undersigned the facsimile signature c Chairman of the Board hereby certifies that on this j'JJ[p�]� ) day of AU-&-u-ST 2005 , f MIKE ANTONOVIC 1 �uA....AU DenTm imAnnn;quPFAwg1RS of Supervisors of the LOS UNTY FLOOD CONTROL DISTRICT was affixed hereto as the official execution of this document. The undersigned further certifies that on this date, a copy of the document was delivered to the Chairman of the Board of Supervisors of the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT. In witness whereof, I have also hereunto set my hand and affixed my official seal the day and year above written. fL�_TN7ila_t�. APPROVED AS TO FORM: RAYMOND G. FORTNER, JR., OFFICE OFFHE COUNTY COUNSEL B 2 Y Depufy as to title and execution, DEPARTMENT OF PUBLIC WORKS Mapping & Property Management Division MARTIN J. YOUNG Supervising Title Examiner 111 P:Conf:eSN GAB CSG P-9F.doc VIOLET VARONA-LUKENS, Executive Officer of the Board of Supervisors of the Coynty of Los Angeles CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Deed dated AUo, from the Los Angeles County FI od Control District, a body corporate and politic, to the City of Azusa, a municipal corporation, is hereby accepted by order of the City Council of said City made on Oc[p 3b2�r1)i , to the reco and said Grantee hereby consents rdation thereof by its duly authorized officer. Date Qq:paE)L- Z2d��S By /Sf Vt(LA ni, N Do Z -A CITY CLERK, City of Azusa Pi File with: SAN GABRIEL CANYON SPREADING GROUNDS 4 Affects: Parcel No. P -9F 308 -RW 1 A.P.N. 8684-013-906 and 924 (Portions) T.G. 568 (H2 and H3) I.M. 159-297 First District M0123010 LEGAL DESCRIPTION (Grant of easement for waterline and electrical conduit purposes) Those portions of Lots 59, 60, 61, 62 and 75, of 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 the following described boundaries: Beginning at the intersection of that certain course having a bearing and length of North 9052'30" East 195.61 feet in the westerly boundary of that certain parcel of land described as PARCEL NO. P -9F in deed to LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, recorded on July 22, 1997, as Document No. 97-1100703, of Official Records, in the office of said recorder, and a line parallel with and 14.00 feet southeasterly, measured at right angles, from that certain course having a bearing and length of N. 40026'55" E. 1,492.51 feet in 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 North 40013'05" East along said parallel line, a distance of 375.54 feet to a line parallel with and 14.00 feet southeasterly, measured at right angles, from that certain course having a bearing and length of N. 45°56'25" E. 3,205.08 feet in the northwesterly boundary of said Subdivision No. 2, as shown on said last- mentioned map; thence North 45042'35" East along said last-mentioned parallel line, a distance of 728.76 feet to a point on a non -tangent curve concentric with and 14.00 feet southeasterly, measured radially, from that certain curve concave to the southeast and having a radius of 5,030.00 feet in the southeasterly boundary of that certain parcel of land designated as "TRACT NO. 33 PER DEED REC. IN CIVIL.ORDER BOOK NO. 68, OF U.S. DIST. COURT, SOUTHERN DIST. OF CALIF., PAGE 791" on said last- mentioned map, a radial of said concentric curve to said point bears North 42010'05" West; thence northeasterly along said concentric curve through a central angle of 18°40'08", an arc distance of 1,634.39 feet; thence South 80050'33" East 20.69 feet to that certain course having a bearing and length of North '21'25'00" West 113 feet in the easterly boundary of that certain parcel of land described in deed recorded in Book D2692, page 106, of said Official Records; thence South 21038'50" East along said last-mentioned course, a distance of 39:58 feet; thence North 80050'33" West 56.76 feet to a point on a non -tangent curve concentric with and 0 0 34.00 feet southeasterly, measured radially, from said curve having a radius of 5,030.00 feet, a radial of said last-mentioned curve to said last-mentioned point bears North 23°51'43" West; thence southwesterly along said last-mentioned concentric curve through a central angle of 18018'22", an arc distance of 1,596.23 feet to a line parallel with and 20.00 feet southeasterly, measured at right angles, from above-described course having a distance of 728.76 feet; thence South 45042'35" West along said last- mentioned parallel line and non -tangent to said last-mentioned concentric curve, a distance of 726.92 feet to a line parallel with and 20.00 feet southeasterly, measured at right angles, from above-described course having a distance of 375.54 feet; thence South 40013'05" West along said last-mentioned parallel line, a distance of 408.89 feet to said course having a length of 195.61 feet; thence northerly along said last- mentioned course, a distance of 39.59 feet to the point of beginning. Containing: 56,014± s.f. EXHIBIT A LP:Vp1DA1UdLsangabriaM_ city of azusa.doc 411612002