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Home My WebLink AboutResolution No. 09-C072RESOLUTION NO. 09-C72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DECLARING ITS INTENTION . TO GRANT AN EASEMENT TO TARGET CORPORATION FOR DRAINAGE FACILITY PURPOSES ALONG SAN GABRIEL AVENUE IN THE CITY OF AZUSA WHEREAS, the City.of Azusa is the owner of certain real property legally described as set forth in Exhibit A, attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, the Target Corporation was required to construct drainage facilities to infiltrate storm runoff; and WHEREAS, the proposed easement will accommodate the construction, use, maintenance, operation, alteration, addition, repair, replacement, and inspection of the drainage facilities on, over, in, under, across, along that certain real property described in Exhibit A; and WHEREAS, the City Council elects to proceed with the Grant of Easement to Target Corporation. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: Section 1. That the Grant of Easement, attached hereto and incorporated herein by reference, Legal Description, attached hereto as Exhibit A and incorporated herein by reference, and Plat, attached hereto as Exhibit B and incorporated herein by reference, are hereby approved. Section 2. The City Clerk is hereby authorized and directed to cause the Grant of Easement, Legal Description, and Plat to be filed for record in the office of the County Recorder of the County of Los Angeles. Section 3. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 8th day of September, 2009. olph , Rocha, Mayor I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City of Azusa at a regular meeting thereof held on the 81h day of September, 2009, by the following vote of the Council. AYES: COUNCIL MEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE .1 L_ Vera Mendoza, City Clerk RECORDING REQUESTED BY AND MAIL TO: TARGET CORPORATION PROPERTY DEVELOPMENT 1000 NICOLLET MALL, TPN -12 MINNEAPOLIS, MN 55403 SPACE ABOVE THIS LME FOR RECORDER'S USE GRANT OF EASEMENT CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA The CITY OF AZUSA, a municipal corporation duly organized and existing under and by virtue of the laws of the State of California, does hereby grant to TARGET CORPORATION an easement for the purpose of constructing, using, maintaining, operating, altering, adding to,, repairing, replacing, inspecting, and/or removing its facilities consisting of drainage facilities for the Target Store on, over, in, under, across, along that certain real property situated in the City of Azusa, County of Los Angeles, State of California, described as follows: Four (4) easements within that portion of San Gabriel Avenue, as shown on Tract No. 70189, as per map recorded in Book 1355, Pages 42 and 43 of Maps, in the office of the Recorder of said Los Angeles County, as described in Exhibit "A" and shown in Exhibit "B", attached hereto and made a part hereof. Target Corporation, its successors and assigns and their respective agents and employees, shall have the right of ingress and egress from said easement and every part thereof, at all times, for the purpose of exercising the rights herein granted. Such rights shall be reasonably exercised and Target Corporation shall be liable for any damages negligently done by it to the above-described property. IN WITNESS WHEROF, said City has executed this instrument this day of J5Ep+Cwhc e , 2009. � Joseph R. ocha, Mayor STATE OF CALIFORNIA COUNTY OF LOS ANGELES Vera Mendoza, City Cl On q -)0051 before me, 0_LUyi/LLIO�Lt00 a notary public, personally appeared Joseph Rwn to be the Mayor, and Vera Mendoza, known to be the City Clerk of the City whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public ----------------- CANDACE TOSCANO Commission Is 1738880 s Notary Public • California Los Angeles County Cama 1 2D11 EXHIBIT "Apy LEGAL DESCRIPTION IN THE CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, BEING THOSE PORTIONS OF SAN GABRIEL AVENUE AS SHOWN ON TRACT No. 70189, FILED IN BOOK 1355, PAGES 42 AND 43 OF MAPS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: STRIP "A" A STRIP OF LAND 60.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 1 OF SAID TRACT No. 70189; THENCE ALONG THE WEST LINE OF SAID LOT 1, NORTH 00°00'04" WEST, 129.71 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE LEAVING SAID WEST LINE NORTH 89°58'53" WEST 2.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89°58'53" WEST 12.00 FEET. CONTAINING 720 SQUARE FEET, MORE OF LESS. STRIP "B" A STRIP OF LAND 10.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT POINT "A"; THENCE CONTINUING ALONG SAID WEST LINE, NORTH 00000'04" WEST, 271.37 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE LEAVING SAID WEST LINE NORTH 89°58'53" WEST 2.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89°58'53" WEST 12.00 FEET. CONTAINING 120 SQUARE FEET, MORE OF LESS. STRIP "C" A STRIP OF LAND 10.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT POINT "B"; THENCE CONTINUING ALONG SAID WEST LINE, NORTH 00°00'04" WEST, 72.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C"; THENCE LEAVING SAID WEST LINE NORTH 89058'53" WEST 2.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89°58'53" WEST 12.00 FEET. CONTAINING 120 SQUARE FEET, MORE OF LESS. STRIP "D" A STRIP OF LAND 10.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT POINT "C"; THENCE CONTINUING ALONG SAID WEST LINE, NORTH 00000'04" WEST, 108.00 FEET; THENCE LEAVING SAID WEST LINE NORTH 89°58'53" WEST L:\2007\07$20 Azusa Target\Exhibit\Storm Drain Easement\07-$20stormdrai nesmtlegal.docEXHI BIT "A" 2 2.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89058'53" WEST 12.00 FEET. CONTAINING 120 SQUARE FEET, MORE OF LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B", ATTACHED HERETO AND MADE A PART HEREOF.. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS-OF-WAY AND EASEMENTS OF RECORD. THIS DESCRIPTION WAS PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. CAL R. APOTHELOZ, P.L.S. 7734 2pASCnLR. /F LICENSE EXPIRES 12/31/09 v APOTHELOZ DATE PREPARED: SEPTEMBER 2, 2009 EXP. iL"3hC`1 LS7734 LA2007107-620 Azusa Target\Exhibit\Storm Drain Easement107-620stormdrainesmtlegal.docEXHIBIT "A" 2 EXHIBIT "B" PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR EXHIBIT "A" I _ NINTH STREET rk 50' LL'1 [EC] o 0 0 Ld o Io I=L2 Z POINT "C" I< T ibu POINT "B" rmT`rL1 [EC] uj L � J ro V6 3 ) N o :`> o r.:a C :Y.. 50, _ z IZ L2 N To POINT "A" L1 [ECC) 1 STRIP A" I I� I � / 8 0. SPO I/I � PRR. RW EXHIBIT "B" CITY OF AZUSA, CALIFORNIA LINE TABLE UNE BEARING LENGTH Lt N89'58'53"W 2.50' L2 N89'58'53"W 12.00' N Q SCALE: 1"=100' LEGEND EASEMENT BOUNDARY — - — CENTERUNE — — — — EXISTING RIGHT OF WAY S.rvlyln0/Lind SHEET 1 OF 1 180 0. llw" . OM.., SI.. 101 md8 Olb, NB u 11806 01/1 615-1810