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Home My WebLink AboutResolution No. UB- 10-C48RESOLUTION NO. 10-C48 A RESOLUTION OF THE UTILITY BOARD/CITY COUNCIL OF THE CITY OF AZUSA 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 KIR Covina, L.P., a Delaware Limited Partnership, under date of the 11th of June, 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. oseph R. Rocha, Mayor ATTE 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 -Y COUNCILMEMBE� CIAS Vera Mendoza, City Clerk RECORDING REQUESTED BY AND WHEN RECORDED NIAH. TO: The City of Azusa Light and Water Department 729 North Azusa Avenue P. O. Box 9500 Azusa, CA 91702 (SPACE ABOVE THIS LIKE FOR RECORDER'S USE) 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. GRANT OF PERMANENT EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, HIR Covina, L.P., a Delaware Limited Partnership ("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"), the permanent ten feet easement and right-of-way to construct, operate, maintain, use, repair, alter, replace, and remove at any time and 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 Covina, County of Los Angeles, State of California: As described in Exhibit "A" and depicted in Exhibit 'B" attached hereto and made a part hereof. 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, for the purpose of constructing, reconstructing, maintaining, operating, repairing, renewing, replacing, using, altering, or removing in any manner the Systems together with any and all of the purposes hereinbefore mentioned. TO HAVE AND TO HOLD the above granted and described premises unto the CITY OF AZUSA, CALIFORNIA, its successors and assigns forever. IN WTLNESS HERETO, Grantor has executed this Grant of Permanent Easement this I I+h day of JUftt 2010. KIR COVINA, L.P., a Delaware limited partnership By: Kir Covina 037, LLC, a Delaware limited liability company, its general partner By: Kimco Income Operating Partnership, L.P., a Delaware limited partnership, its managing member By: Kimco Income REIT, a Maryland real estate investment trust, its general partner By: Name: JOHNVISCONSI Title: VICE PRESIDENT Date: May 27th, 2010 City of Azusa Light and Water Department 729 North Azusa Avenue Azusa, CA 91702 OFFER OF WATER DISTRIBUTION EASEMENT TRACT NO. 45436 We hereby certify that we are the owners of the property included within the proposed Tract map No. 45436 and we do hereby, and for our heirs, executors, administrators, successors, and assigns, jointly and severally agree that prior to the transfer in fee of any lot/parcel as shown on the proposed Tract Map No. 45436 that we will notify the prospective owner in writing that an offer of a water distribution easement has been made to the City of Azusa and is an encumbrance on the property even though the document has not recorded. Enclosed are executed copies of the proposed easements. KIR COVINA, L.P., a Delaware limited partnership By: Kir Covina 037, LLC, a Delaware limited liability company, its general partner By: Kimco Income Operating Partnership, L.P., a Delaware limited partnership, its managing member By: Kimco Income REIT, a Maryland real estate investment trust, its general partner By.�'—� Name: Title: JOHN VISCONSI VICE PRESIDENT STATE OF \ ) CAPACITY CLAIMED BY SIGNER COUNTY OF ) - INDIVIDUAL(S) - CORPORATE On 0_, before me, personally appeared -p ersonally known to me - R - - proved to me on the basis of satisfactory evidence to be the OFFICER(S) person(s) whose name(s) is/a subscribed to the within instrument and acknowledged to me that he/she/they executed the same his/her/their authorized cepacity(ies), and that by his/herttheir signature(s) on the instrument the rson(s), or the entity upon behalf of which the person(s) TITLE(S) ( ) - PARTNER(S) acted, executed the instrument. - ATTORNEY-IN-FACT Witness my hand and official seal. - TRUSTEE(S) - SUBSCRIBING WITNESS - GUARDIAN/CONSERVATOR SIGNATURE OF NOTARY - OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR �n�y ENTITY(IES) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it cc d prevent Title or Type of Document fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Number of Pages Date of Document Signer(s) Other Than Named Above CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County of SAO p1t6O Ji On�Dkl-i, 1� 10\Tj before me, 1AU6,\-e NAC\ U\/ttly. ) Notary WOW– DMR Hem Lvsert Name and Tdof Ifin fW-1 personally appeared O)oy(uonsi NICOLE ANN CLARK Commission # 1789343 = _m Notary Public - Calilornlb E San Diego County �,h, Comm, F.Icn 27,2012 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isfare 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 California that the foregoing paragraph is true and correct. WITNESS m and and official seal. V Signature – U V� L, l— Place Notary Seal Above Signature of Notary Pudic OPTIONAL Though the information below is not required by law, it may prove valuable to pentons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner —❑ Limited ❑ General _ ❑ Attorney in Fact ❑ Trustee - Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer —Tdle(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0200] NaoWal Nolary A ocfa0on•9350 Oe Soto Aw..RO.BM2402•Chatswrr. CA 91313-2402•xwrv.Navona!Wtarrorg Item#5907 Reonler Call TdF 1 -BW -8]6-680 PAGE 1 OF 2 EXHIBIT "A" ONE STRIP OF LAND, FIFTEEN (15.00) FEET IN WIDTH, LUNG WITHIN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 1 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF COVINA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE ON APRIL 21, 1877, THE CENTER LINE OF SAID STRIP IS DESCRIBED AS FOLLOWS: STRIP "A": BEGINNING AT A POINT REFERRED TO AS POINT "A" IN THE DESCRIPTION OF THE CENTER LINE OF STRIP NO. 1 OF THAT CERTAIN EASEMENT GRANTED TO AZUSA VALLEY WATER COMPANY BY INSTRUMENT NO. 89-379839 RECORDED MARCH 8, 1989, OFFICIAL RECORDS OF SAID COUNTY; THENCE N53 -05-17"E 6.33' TO THE "TRUE POINT OF BEGINNING"; THENCE S00'13'51"E 114.31'; THENCE S8946'09"E 339.76'; THENCE N45'13'50"E 24.04'; THENCE N00'13'49"E 573.84; THENCE N89'11'24"W 170.28' TO THE "POINT OF TERMINUS". ATTACHED HERETO IS EXHIBIT "B" AND BY THIS REFERENCE MADE A PART HEREOF. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF, THIS DOCUMENT, CONSISTING OF EXHIBITS "A" AND "B", WAS PREPARED BY ME OR UNDER MY DIRECTION ON MAY 10, 2010. �o LSO SG �5 J. CH 1. ,1aL__ z No. 8554 DARYL J. CHRISTIAN, P.L.S. 8554 * Exp. 12/31/10 MY LICENSE EXPIRES: 12/31/10 qTF OF CP�1F0� PAGE 2 OF 2 EXHIBIT "B" O a M M 3 `n 0 0 0 P.O.T. STRIP "A' o w .N89'11'24"W 170_28' N89'45'05'E 197.52' ' N89'59'53"W I 75.00' L� I II I � I� 7m--I LLJ I rj w ^� aI WIII o a z MI I oI I zI POINT "A" STRIP NO. i I PER INST, NO. 89-379839 L �ar S89'59'53"E 254.69' N53-05-17"E ra' — — I 6.33' T. P.O.B. 589'59'53"E I 23.52' SOO'13'51"E 114.31' N45'13'50'E I 24.04 LL— - _------ _---- _ S89'46'09"E 339.76' SCALE: �1 "=100' CHRISTIAN LAND SERVICES LAND SURVEYING ENTITLEMENTS LAND PLANNING LEGEND: 2538 E. LARKSTONE DR. ORANGE, CA 92869 — — — PROPOSED 15 FOOT WIDE EASEMENT 714.225.5933 EXISTING EASEMENT mail®christionlandservices.com