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HomeMy WebLinkAboutResolution No. UB- 08-C0810 0 RESOLUTION NO. 08-C81 A RESOLUTION OF THE UTILITY BOARD/CITY COUNCIL OF THE CITY OF AZUSA ACCEPTING A CERTAIN GRANT AND REPLACEMENT OF EASEMENT AND DIRECTING THE RECORD 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 Northrop Grumman Systems Corporation, under date of the September 5th, 2008 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 pipelines and related facilities, with any and all connections and devices necessary thereto for the transportation, distribution and /or supply of water, 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 Grant of Easement 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 22nd day September, 2008. . //moi �.161- � oseph R. Rocha, Mayor ATTEST: 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 22nd day of September, 2008. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS ROCHA NOES: COUNCILMEMBERS: NONE ABSENT:) COUNCILMEMBERS: NONE 9,71 era Mendoza, City Clerk CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Grant and Replacement of Easement, dated September 5, 2008, from Northrop Grumman Systems Corporation, a Delaware Corporation, to the City of Azusa, a municipal corporation, is hereby accepted by order of the City Council of the City of Azusa, on September 22, 1008, pursuant to authority conferred by resolution No. 08-C81, of said City Council adopted on September 22, 2008, and the Grantee hereby consents to the recordation thereof by its duly authorized officer. Dated: S tember 22, 2008 By: City Clerk, City of Azusa STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF AZUSA ) On&a60b60jdtVbefore meCVCftiWIbSCat2o, (JplArt/ rule- personally appeared eared V(Insert Name of Notary Public and Title) 2f a Well DZ Z� w o proved to me on the basis of satisfactory evidence to be the person( hose name( is are subscribe o the within instrument and acknowledged to a that he sh they executed the same in hi heir authorized capacity 4, and that by his/ er their signature on the instrument the person, or the entity upon behalf on which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ���"� (Seal) I LCANDACETOSCANO COMM"M ♦ 1738800 Notary PU No - Calllomlo Los Angelu County Q*CMMMMMl2.2M1 0 RECORDING REQUES ILD BY AND WI IFN RECORDED RETURN TO: 1'he City of Azusa Light and Water Depatwtent 739 N. Azusa Aye P.O. Box 900 Azusa. CA 91703 No Recording Fee Due Per Government Code §6103 GRANT AND REPLACEMENT OF EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, NORTHROP GRUMMAN SYSTEMS CORPORATION, a Delaware corporation ("Grantor"), does hereby grant to the CITY OF AZUSA, a municipal corporation ("Grantee"), a perpetual, non-exclusive easement and right-of-way ("Easement") in, over, under, along, through and across that real property situated in the City of Azusa, County of Los Angeles, State of California, more particularly described in Exhibit A attached hereto and incorporated herein by this reference ( the "Property"). The location and general depiction of the Easement on the Parcel is more particularly described in Exhibit B attached hereto and incorporated herein by this reference ("Easement Area"). This Easement hereby granted by Grantor is and shall be solely for water pipeline purposes and Grantee shall have the right to lay, construct, use, operate, maintain, repair and reconstruct an underground water pipeline, together with any and all fittings or structures normally incident and appurtenant thereto ("Authorized Use and Work"). This Easement hereby granted by Grantor includes the rights of Grantee, and its officers, agents. employees, and contractors upon reasonable prior notice to Grantee to: (1) enter upon and to pass and repass over and along the Property as reasonably necessary for the Authorized Use and Work. This Easement hereby granted by Grantor excepts and reserves unto Grantor the right to landscape (other than deep root trees), pave on, over and across the Easement Area, provided such landscaping or improvements do not unreasonably interfere with the rights of Grantee to perform any Authorized Use and Work. Grantor acknowledges and agrees that Grantee has the right to remove any landscaping or improvement on the Easement Area if and to the extent that Grantee determines, in its reasonable discretion, is necessary to perform the Authorized Use and Work and that, in such event. Grantee shall be required to restore the Parcel or the Easement Area to its condition prior to performing the Authorized Use and Work. 0 0 Grantee shall at all times maintain the water pipeline in good condition and repair consistent kith its intended use and function. Grantor shall have no responsibility fbr such maintenance or repair to the water pipeline or liability resulting from the Easement. The covenants of this Easement shall run with the land and shall constitute benefits and burdens inuring to Grantor and to Grantee and their resp ctiye successors. assigns and heirs. WITNESS my hand this day of 2008. NOR" "ROP G '%4AN SYSTEMS CORPORATION. a Delaware co o tion By: * A.J. Paz, Director, Corporate Real Estate "Grantor" WITNESS my hand this day of 12008. CITY OF AZUSA, a California municipal Corporation 13 Joseph R. Rocha, Mayor Grantee 0 State ofC'alifontia ) County of On 5�C zh: %clbetbrenle. IkM,; Ii; -d zrj' 'votary Public. _ there insert name and title of the officer) personally appeared % /'c /lliS- w'ho proved to me o to he basis of satisfactory evidence to be the person(s) whose namc(s)# are subscribed to the within instntment, and acknowledged to me thatrHOshe/they executed the same itXfiis4ler/their authorized capacity(ies), and that b sGher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certifv under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature State of California ) County of ) On before me, "MR1114►oAvli CarmrMb 10 1890M Mowry Rbie - CarMrro LOB MQWN court 1A4 Comm. 6�Yw JJ 17. (here insert nwne and title of the oil -jeer) (seal) Notary Public, personally appeared who 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. I certify under PENALTY OF PERJURY under the laws of the State of Calitornia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sisnautre -3-