HomeMy WebLinkAboutResolution No. 05-C0960
RESOLUTION NO. 05-C96
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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
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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