HomeMy WebLinkAboutResolution No. UB- 10-C57RESOLUTION NO. 10-057
A RESOLUTION OF THE UTILITY BOARD/CITY COUNCIL OF THE
CITY OF AZUSA ACCEPTING A CERTAIN GRANT OF PERMANENT
EASEMENT AND DIRECTING THE RECORDING THEREOF.
THE UTILITY BOARD/CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. That Grant of Permanent Easement, Addendum and Exhibits A and B attached
hereto are accepted as executed by the Target Corporation, under the date of September 16th,
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 solely for
the purpose of constructing, laying, maintaining, operating, using, altering, repairing, replacing,
inspecting and relocating therein and thereupon and / or removing there from electrical utility
lines and related facilities, with any and all connections and devices necessary thereto for the
transportation, distribution and /or supply of electricity to the property, 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 Exhibits "A" and `B" attached hereto Grant of Permanent Easement.
SECTION 2. That the City Clerk is hereby authorized and directed to cause said attached Grant
of Permanent Easement, Addendum and Exhibits A and B to be filed for recording in the Office
of the Los Angeles County Recorder.
SECTION 3. That the City Clerk shall certify to the adoption of this
PASSED, APPROVED AND ADOPTED THIS 27 DAY OF
/oseph R. Roch4, 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 27th day of September, 2010.
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS:
ABSENT, COUNCILMEMBERS:
Vera Mendoza, Ci Clerk
GONZALES, CARRILLO, HANKS ROCHA,
NONE
MACIAS
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
The City of Azusa THIS DOCUMENT IS FILED AT THE
Light and Water Department REQUEST OF THE CITY OF AZUSA
729 North Azusa Avenue PURSUANT TO SECTION 6103 OF
P. O. Box 9500 THE GOVERNMENT CODE. NO
Azusa, CA 91702 FEE SHALL BE CHARGED THEREFOR.
(SPACE ABOVE nnS LINE FOR RECORDERS USE)
GRANT OF PERMANENT EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged, TARGET 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 perpetual easement and right-of-
way to construct, maintain, operate, use, repair, alter, replace, and remove electrical systems and
communications systems consisting of, but not limited to, overhead power lines, poles and
fixtures, guy wires, underground conduits, pull boxes, transformers, pads, vaults, cables,
conductors and other fixtures and appliances, with the necessary appurtenances, for conveying
electric energy to be used for light, heat, power and for transmitting data by electrical means
and/or other purposes ("Systems") 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 "Easement Area")
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.
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.
/J IN WITNESS HERETO, Grantor has executed this Grant of Permanent Easement
this A- day of SIQ/Y) 20JO.
TARGET CORPORATION
By:
Name Chris Case
LAI ec or meal Estate
Its: Target Corporation
STATE OF
CAPACITY CLAIMED BY SIGNER
COUNTY OF�"L✓'t j
-- INDIVIDUAL(S)
!n1 U
On ay4�0-MbL-- 14; 201Qbefore me,personally
,
- CORPORATE
appeared — S L." personally known to me -
OFFICER(S)
to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
TITLE(S)
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.
_ PARTNER(S)
_ATTORNEY-IN-FACT
Witness my hand and official seal.
- TRUSTEE(S)
- SUBSCRIBING WITNESS
- GUARDIAN/CONSERVATOR
VARY
-OTHER:
SI . URE OF
W'j
JANMILYLOUIE RARER
OTARYPUBLICMINNESOTA
MYCOMMISSION
EXPIRES JAN. 31, 2015
WE
SIGNER IS REPRESENTING:
nnnnnAAA
NAME OF PERSON(S) OR ENTITY(IES)
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could
Title or Type of Document
prevent fraudulent attachment of this certificate to unauthorized documents.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT
Number of Pages
RIGHT:
. _
Date of Document
Signer(s) Other Than Named Above
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 Rights; 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
related to the roadways and driveways within the Easement Area, or any landscaping, curbing, pavement or other
improvements related to the roadways and driveways within the Easement Area shall be disturbed by the installation,
operation, maintenance, replacement or removal activities, or other activities performed by or on behalf of Grantee in
connection with its use of the Easement, said surface and improvements referred to in this Section 5 shall be promptly
restored by Grantee to their condition just 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, material 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 Aeainst 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 hamdess 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; Subject 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.
10. Notices. All notices sent to Grantor shall be sent by certified or overnight maitto Grantor at the following
address:
Target Corporation
Attn: Real Estate -Existing Stores (T-2767)
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 California. 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.]
EXHIBIT
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