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Home My WebLink AboutResolution No. 07-C038RESOLUTION NO. 07-C38 A RESOLUTION OF THE UTILITY BOARD/CITY COUNCIL OF THE CITY OF AZUSA ACCEPTING A CERTAIN AGREEMENT AND GRANT OF EASEMENT AND DIRECTING THE RECORDATION THEREOF. THE UTILITY BOARD/CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTIONS 1. That certain Agreement and Grant of Easement executed by AZUSA AVENUE, LLC, under date of April 2, 2007 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 water utility lines and related facilities, with any and all connections and devices necessary thereto for the transportation, distribution and /or supply of water to the property, in, on, over, under 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 each Grant of Easement Said Agreement and Grants of Easements are 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 17`s day May 2007. Keith Hanks, Mayor Pro -tem Mendoza,Vera I HEREBY CERTIFY that the foregoing Resolution No. 07-C38 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 17th day of May, 2007. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS NOES: COUNCILMEMBERS: NONE ABSEN COUNCILMEMBERS: ROCHA 4�k Vera Mendoza, City Clerk 0 RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: Azusa Light & Water 729 N. Azusa Avenue Azusa, CA 91702 E AGREEMENT AND EASEMENT FOR MONITORING HYDRANT SUPPLY SYSTEM This Agreement and Easement for Monitoring Hydrant Supply System ("Agreement") is entered into by and between Azusa Avenue, LLC, a California limited liability company ("Developer"), and Azusa Light & Water, a municipal utility of the City of Azusa ("Utility"), effective April 2, 2007. RECITALS A. Developer is the developer of the project known as The Colony at Azusa, an eighty-seven (87) unit townhouse condominium project located at 701 S. Azusa Avenue, Azusa, California and more particularly described in Exhibit "A" attached hereto (the "Project"). B. The County of Los Angeles has requested that Developer contract a provider for maintenance of the public fire hydrant line and fire hydrants located within the Project. C. Utility is prepared to provide maintenance and repair of the public fire hydrant line and fire hydrants located within the Project on the terms and conditions set forth herein. AGREEMENT 1. Utility will periodically check the public fire hydrant tine and fire hydrants to make sure they are in working order. 2. If, in the discretion of Utility, any work is necessary to repair or maintain the public fire hydrant line and fire hydrants, Utility will order the materials and labor to complete the work. 3. Developer, or its successor in interest, will, inasmuch as possible prior to starting the work, be informed by Utility of the work to be performed and, if interruption of service or excavation is involved, the scheduling of the work. Entry into the Project by Utility personnel shall not be unreasonably denied and Developer hereby grants an easement to Utility and its personnel for such access. RVBUSXMGRAN'n710911.1 1 0 0 4. Charges for the services will be as follows: a. Periodic checks of the public fire hydrant line and fire hydrants by Utility shall be billed to Developer, or its successor in interest, at the then existing rates for labor, time and materials including water used in any tests of the public fire hydrant line and fire hydrants performed by Utility. There will be no monthly or other periodic charge for the services. b. Labor and materials for maintenance or repair work performed will be billed to Developer, or its successor in interest, at the standard fees and costs charged by Utility. 5. The rights and obligations described in this Agreement will constitute covenants running with the land and will be binding upon all successor owners of the Project. The rights and obligations of Developer under this Agreement will be specifically assigned to and assumed by the homeowners association ("Association") to be established by Developer for the Project. The recorded Declaration of Covenants, Conditions and Restrictions ("CC&Rs") for the Project will specifically reiterate the access easement in favor of Utility as described herein. The budget submitted to the California Department of Real Estate by Developer and subsequent budgets prepared by the Association will provide for the collection of reserve funds sufficient to pay expenses incurred pursuant to this Agreement. The CC&Rs will also describe the above expenses as an element of "common expenses" for which individual condominium owners will become responsible through the payment of assessments to the Association. AZUSA AVENUE, LLC, a California limite 'ab' ' y company, By: ert L. Ates Its: Manager AZUSA LIGHT & WATER Municipal Utility of the City of Azusa By: 9A�� Keith Hanks RVBUSVNGRAN1V 10911.1 2 Its: mayor Pro -tem 0 • STATE OF CALIFORNIA COUNTY OF LOS ANGELES On Ak9 , 2007 before me, 140ij U ry-S (here insert name and title 4f the officer), personally appeared Mise ri- , proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. -------------- DAVID GORES _ COMM.# 1690452 NOTARY PUBLIC CALIFORNIA YI ANGELS Signature N Mr Comm. EAP EA G. 29.x2010 (Seal) STATE OF CALIFORNIA COUNTY OF LOS ANGELES On MA t/ 3 2007 before me, CavVClzte.e bSC r)Q, (hsefi. PUhliC ), personally appeared r'Nh iiQ.Yl �S M A V 0e -PP0 -FfM , proved to me on the basis of satisfactory evidence to be the personf w ose name) is/alk subscribed to the within instrument and acknowledged to me that he/s�/tl)iy, executed the same in his/hgf/thp6r authorized capacity(iy4j, and that by his*r/th,0'ir 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. ,� 1 CCANOACE TOSCANO C�� L /� iJ ommWlon 11788880 Signature ; Notary Public - California Los AtpoNs County Ileal) Cgryn 12,2011 RVBUS%MGRAMIV 1091 1.1 0 0b1A WOO MOMAJ 068W d 4< nole¢tmmoo olnfofiio, - olldoQ ylotow y9nlfo3 80109nA 201 G fsfm, rvNA, Jnm0.7Y+i P. Ll • EXHIBIT A LEGAL DESCRIPTION That certain real property located in the City of Azusa, Los Angeles County, California, more particularly described as follows: Parcel(s) 2, in the City of Azusa, County of Los Angeles, State of California, as shown on Parcel Map No. 5317, filed in Book 56 Page(s) 76 of Parcel Maps, in the office of the County Recorder of said County. RVBUSWGRAN7V 10911.1 A-1