HomeMy WebLinkAboutResolution No. 07-C06640
RESOLUTION NO. 07-C66
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA DECLARING ITS INTENTION TO VACATE A
DRAINAGE EASEMENT AND RECORD A NEW
DRAINAGE EASEMENT ACROSS PROPERTY LOCATED
AT 705 W. 9Tn STREET IN THE CITY OF AZUSA
WHEREAS., the entire property located at 705 W. 9h Street, in the City of Azusa,
is encumbered by a public utility drainage easement as described in Exhibit "A," which is attached
hereto and incorporated by reference herein; and
WHEREAS., the City Council of the City of Azusa has determined that the current
public utility drainage easement is in excess of the City's needs; and
WHEREAS., the City Council of the City of Azusa has determined that there are no
other public facilities located within the public utility drainage easement; and
WHEREAS, the City Council of the City of Azusa proposes, and the property
owner agrees, to re -locate the public utility drainage easement to another area on the same property
as described in Exhibit `B, which is attached hereto and incorporated by reference herein; and
WHEREAS„ vacation of a public utility drainage easement is authorized by
Chapter 4 of the Public Streets, Highways and Service Easement Vacation Law, California Streets
and Highways Code Section 8330 et seq.; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Azusa as follows:
Section 1. Vacation of Public Utility Drainage Easement. That certain
public utility drainage easement existing within the property described in Exhibit "A" shall be, and
hereby is, vacated, and upon recordation of this Resolution shall no longer constitute a public
utility drainage easement. Recordation of this Resolution is contingent upon the following
condition having been satisfied:
a. The record property owner of 705 W. 9th Street, Azusa, California shall
have duly executed and contemporaneously recorded an easement for public
utilities over that certain property described in Exhibit `B," which is
attached hereto and incorporated by reference herein, the form of which
easement must be satisfactory to the City Engineer;
Section 2. Modifications. The City Engineer shall be, and hereby is,
authorized to make or approve such modifications to the legal descriptions and plats attached
hereto as the City Engineer,deems to be consistent with this Resolution.
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Section 3. Recordation. Upon satisfaction of the foregoing conditions, the
City Clerk of the City of Azusa may cause a certified copy of this Resolution attested to by the
City Clerk under seal to be recorded in the office of the Recorder of the County of Los Angeles.
Section 4. Acceptance of Relocated Easement. The City Council hereby
delegates the authority to accept the easement as described in Exhibit `B," and to execute and
record a Certificate of Acceptance, to the City Manager.
PASSED, APPROVED AND ADOPTED this 16th day of July, 2007.
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Joseph R. Rocha, Mayor
I HEREBY CERTIFY that the foregoing Resolution No. 07-C66, was duly adopted at a
regular meeting of said City Council on the 160' day of July, 2007, by the following vote of the
Council:
AYES: COUNCILMEMBERS: GONZALES, MACIAS, ROCHA
NOES: COUNCILMEMBERS: CARRILLO, HANKS
ABSENT: COUNCILMEMBERS: NONE
GL
Vera Mendoza, City Clerk
APPROVED AS TO FORM:
Sonia Carvalho
Best Best & Krieger LLP
City Attorney
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EXHIBIT "A'•
LEGAL DESCRIPTION
FOR
PUBLIC DRAINAGE EASEMENT
TO BE VACATED
That certain real property Iymg within the City of Azusa, County of Los Angeles, State of
California, described as follows:
That certain easement or right: of way to lay, construct, maintain, operate, repair, renew from time
to time and change th&srze of a pipe line for the conveyance of drainage water in, under and
along certain portions of the westerly part of Lot 4 of Tract No. 3231, as per map thereof recorded
in Map Book 34, Pages 45 and 46 records of Los Angeles County California and extending from
the northerly line of said Lot 4 to the Southerly line of said Lot 4.
Legal Description prepared by Harold C. Williams, P.E., Civil Engineer
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TRACT NO. 3231
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10 EXHIBIT "B" •
LEGAL DESCRIPTION
FOR
PUBLIC DRAINAGE EASEMENT
TO BE RECORDED
A strip of land 10 feet wide; over a portion of Lot 4 of Tract No. 3231, in the City of Azusa, County
of Los Angeles, State of California, as per map recorded in Map Book 34, pages 45 and 46 of
Maps in the office of the County Recorder of said County, described as follows:
Beginning at the northeast comer of Lot 4 Tract No. 3231, in the City of Azusa, County of Los
Angeles, State of California, as per map recorded in Map Book 34, pages 46 of Maps in the office
of the County Recorder of said County; thence northwesterly along the northerly line of said lot,
North 770 09' West 10.2 feet; thence southerly along a line parallel with the easterly line of said lot,
and 10 feet westerly, measured at right angles to the easterly line of said lot; thence southerly
along said line to the southerly line of said lot; thence easterly North 890 21' East 10.0 feet to the
southeast corner of said lot; thence North 00 41' East 73.3 feet along the easterly line of said lot to
the Point of Beginning.
Legal Description prepared by Harold C. Williams, P.E., Civil Engineer
Data arold C. Williams, P.E.
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10' Drainage Easement
POB = Point of Beginning