HomeMy WebLinkAboutResolution No. UB- 10-C47RESOLUTION NO. 10-C47
A RESOLUTION OF THE UTILITY BOARD/CITY COUNCIL OF THE CITY OF
AZUSA, CALIFORNIA, 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 TARGET CORPORATION, a
Minnesota Corporation, under date of the 5th of April, 2010 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 together with all necessary and convenient means of
ingress and egress to and from said right of way or strip or parcel of land free from any and all
buildings, equipment, vegetation, combustible materials, or obstructions of any kind, solely for
the purpose of constructing, reconstructing, laying, maintaining, operating, using, altering,
repairing, replacing, inspecting and relocating therein and thereupon and /or removing there from
pipeline and related facilities, necessary thereto for the delivery of water to the property, in, on,
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 attached hereto, a Grant of Easement with Exhibits "A" and `B:"
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 26th day of July. 2010.
4
oseph R. Rocha, Mayor
ATTEST:
Vera Mendoza, City Clerk
I HEREBY CERTIFY that the foregoing Resolution no. 10-C47 was duly adopted by the
City Council/Utility Board of the City of Azusa at a regular meeting of the Azusa Light & Water
Utility Board on the 26th day of July, 2010, by the following vote of the Council/Board:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, HANKS, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT/ COUNCILMEMBERS: MACIAS
Vera Mendoza, City Clerk
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
The City of Azusa
Light and Water Department
729 North Azusa Avenue -
P.O. Box 9500
Azusa, CA 91702
THIS DOCUMENT IS FILED AT THE
REQUEST OF THE CITY OF AZUSA
PURSUANT TO SECTION 6103 OF
THE GOVERNMENT CODE. NO
FEE SHALL BE CHARGED THEREFOR.
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
GRANT OF PERMANENT EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby
.acknowledged, TARGET CORPORATION, a Minnesota corporation ("Grantor"), does hereby
grant to the CITY OF AZUSA, CALIFORNIA, a municipal corporation, its successors and
assigns, and its and their employees, contractors and agents ("Grantee'), a non-exclusive
permanent ten foot (10') easement and right-of-way (the "Easement") to construct, operate,
maintain, use, repair, alter, replace, and remove from time to time underground water supply
systems and fire protection systems (hereinafter referred to as "Systems"), consisting of, but not
limited to, underground conduits, vaults, manholes, handholes and including above -ground
enclosures, markers and fire hydrants and other appurtenant fixtures and equipment necessary or
useful for distributing water on, over, under, in, along, and across the following described parcel
of real property situated in the City of Azusa, County of Los Angeles, State of California:
As described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a
part hereof. (the `Basement Area")
This Easement is subject to the terms and conditions of the attached Addendum.
TO HAVE AND TO HOLD the above granted and described premises unto the
CITY OF AZUSA, CALIFORNIA, its successors and assigns forever.
IN WITNESS HERETO, Grantor has executed this Grant of Permanent Easement
this Sftn day of AJ -! ( 12010.
GRANTOR:
TARGET CORPO)LATIPN
By:
Type F ill 1? me
Dietrich Haar
Its: Director Real Fstarr-
Title Target -:'orporatior,
934117 V.2
ADDENDUM TO
GRANT OF PERMANENT EASEMENT
TO THE CITY OF AZUSA BY TARGET CORPORATION
The Easement is subject to the following terms and conditions:
1. Reservation of Riehts: Relocation. Grantor hereby reserves and retains all other property rights in and to
the Easement Area, including without limitation, the rights to (a) use the Easement Area for any purpose whatsoever, so long
as such use does not substantially and unreasonably interfere with Grantee's rights hereunder (it being expressly understood
that the use of the surface of the Easement Area for vehicular traffic, pedestrian traffic, landscaping, parking and/or signage
shall be deemed not to substantially interfere with Grantee's rights hereunder) and (b) locate electric, gas and water lines and
other utilities in the Easement Area, so long as such improvements do not substantially and unreasonably interfere with
Grantee's permitted use of the Easement Area.
2. Installation of Systems. The underground Systems placed in the Easement Area by Grantee shall be buried
to a depth not less than 30 inches below the existing surface, and Grantee shall cause the backfill to be compacted in layers to
avoid settling, voids and/or air pockets.
3. Conduct of Work and Notification. Any installation, maintenance, replacement, repair and/or removal of
the Systems performed by Grantee, its agents and employees shall be performed (i) at Grantee's sole cost and expense, (ii)
during months other than November, December or January (except in the event of an emergency), (iii) after thirty (30) days'
notice to the Grantor (except that in an emergency the work may be initiated after reasonable notice), (iv) after normal
business hours (except in the event of an emergency) and (v) with adequate provision for the safety and convenience of all
persons using the surface of such areas. In addition, Grantee, its agents and employees shall (a) promptly pay all costs and
expenses associated with said work and (b) diligently complete such work as quickly as possible.
4. Use: Maintenance. Any use of the Easement shall be performed with care and in such manner as to cause
the least interference with the surface of the Easement Area and with the use and enjoyment thereof by Grantor and others
lawfully present thereon. Grantee shall maintain the Systems in a good and safe condition, and Grantee shall install,
maintain, operate, repair, replace and remove the Systems in compliance with all applicable governmental rules, regulations
and requirements
5. Restoration by Grantee; Removal of Systems. If the surface of the Easement area or any portion thereof, or
any landscaping, curbing, pavement or other improvements thereon, shall be disturbed by installation, operation,
maintenance, replacement or removal activities or other activities performed by or on behalf of Grantee in connection with
the use of the Easement, said surface and improvements shall be promptly restored by Grantee to their conditionjust prior to
such disturbance. Immediately following the performance of work by or on behalf of Grantee, Grantee shall remove from the
Easement Area and surrounding land all equipment, materials and debris resulting from or used in connection with such
work.
6. Normal and Reasonable Use by Grantor. Grantor, its successors and assigns and persons occupying or
lawfully present on the Easement Area shall not be liable for damage, if any, which may be caused by normal and reasonable
use of, or vehicular or pedestrian traffic over, the Easement Area. Such normal and reasonable use may include the
landscaping or parking of vehicles on the Easement Area and installation, operation and maintenance of standard parking lot
improvements including paving, bumper curbs, light standards, striping and landscaping.
7. Prohibition Against Liens. Grantee shall not permit any mechanics', materialmen's or other liens to be filed
against the Easement Area or other property owned by Grantor or any part thereof for work or materials furnished Grantee in
connection with the use of the Easement, and Grantee agrees to indemnify, defend and hold Grantor harmless from and
against the same.
8. Indemnification. To the extent permitted by law, Grantee shall indemnify, defend and hold harmless Grantor
from and against any and all claims, demands, losses, damages, costs and expenses (including but not limited to court costs,
penalties and reasonable attorneys' fees), judgments, liabilities and causes of action of any nature whatsoever resulting from or
relating to the use or occupancy of the Easement by Grantee or arising in any manner out of the acts or omissions of Grantee or its
agents or employees or any other persons acting under Grantee's direction or control in connection with the Easement or with the
use or occupancy of the Easement Area.
9. No Representations or Warranties Subiect to Encumbrances. Grantee agrees that it is accepting the
Easement Area without any warranty or representation regarding the Easement, and subject to all valid and existing licenses,
leases, grants, exceptions, encumbrances, title defects, matters of record, reservations and conditions affecting the Easement
Area and/or affecting access thereto.
address:
10. Notices. All notices sent to Grantor shall be sent by certified or overnight mail to Grantor at the following
Target Corporation
Attn: Real Estate -Existing Stores
1000 Nicollet Mall
Minneapolis, Minnesota 55403
11. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the
State of Utah. This Agreement shall not be construed strictly for or against either Grantor or Grantee. The captions are
inserted in this Agreement only for convenience of reference and do not define, limit or describe the scope or intent of any
provisions of the Agreement. All notices to Grantor shall be delivered in writing at the address noted in the recitals or such
other address as is provided by Grantor.
[Rest of page intentionally left blank.]
STATE OF MINNESOTA )
CAPACITY CLAIMED BY SIGNER
) SS.
COUNTY OF HENNEPIN )
❑ INDIVIDUAL(S)
On A 20LCI before me, I� 0. �- • SOc.=• � � < < personally
%�-CORPOFATE
b;Q-tr cl" RcV<F
appeared ', 1 c CU (-1osc-r"-k-personally known
to me - OR - 0 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
whose
OFFICER(S)
c` -}e; t--
TITLE(S)
that he/she/they executed the same in his/her/their authorized capacity(ies), and that
❑ PARTNER(S)
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.
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
Witness my hand and official seal.
❑ SUBSCRIBING WITNESS
❑ GUARDIAN/CONSERVATOR
I1
❑ OTHER:
SIGNATURE OF VTARY
jY1/V'W V'Jv `J ✓'JV J':/'✓ V V' V�/'d—
3 DORA L. SPONHOWL Z
,,TARYPUBLIC-MINNESOTA
. MY COMMISSION
EXPIRES JAN. 31, 2014
*\MA^tANV\AVA^
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Cafn'r
v
ATTENTION NOTARY: Although the information requested below is
OPTIONAL, it could prevent fraudulent attachment of this certificate to
Title or Type of DocumentGra-4 "4 -
unauthorized documents.
Number of Pages
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT
DESCRIBED AT RIGHT:
Date of Document
Signer(s) Other Than Named Above
EXHIBIT "A"
LEGAL DESCRIPTION
IN THE CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, BEING A
STRIP OF LAND LYING WITHIN LOT 1 OF TRACT 70189, AS PER MAP FILED IN BOOK
1355, PAGES 42 AND 43, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, THE CENTERLINE LINE OF SAID STRIP BEING DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT; THENCE ALONG THE
EAST LINE OF SAID LOT NORTH 00000'54" EAST, 26.68 FEET TO THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID LINE SOUTH 69°33'24" WEST, 268.80 FEET;
THENCE SOUTH 89059'56" WEST, 47.96 FEET TO THE WEST LINE OF SAID LOT.
THE SIDELINES OF SAID STRIP TO BE PROLONGED OR SHORTENED TO ORIGINATE IN
SAID EAST LINE AND TO TERMINATE IN SAID WEST LINE.
THE ABOVE LEGAL DESCRIPTION IS DELINEATED ON EXHIBIT "B" AND IS MADE A PART
HEREOF FOR REFERENCE PURPOSES.
THIS DESCRIPTION WAS PREPARED BY ME, OR UNDER MY DIRECTION, IN
CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT.
NAND
SCAL APOTHELOZ, P.L.S. 7734 �2��PnscAL R.
LICENSE EXPIRES 12/31/09 U APOTHELOZ
DATE PREPARED: 10/15/09 Ilxl EXP.12-�l j
LS7734
EXHIBIT "A" - Page 1 of 1
L:\2007\07-620 Azusa Target\Exhibit\Water Easement\Water easement.doc
I
50'
EXHIBIT "Bet
PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR EXHIBIT "A"
40'
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4
40'
SCALE: 1-=.160'
i SHEET 1 Old 1
150 N. Riverview Drive,
EXHIBIT "B" Suite. 100
CITY OF AZUSA, CALIFORNIA Anaheim, CA 92808
flvll linglneering/Land Surveying/Land Planning (714) 685-6860