Loading...
HomeMy WebLinkAboutResolution No. 10-C59RESOLUTION NO. 10-059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ACCEPTING A GRANT OF EASEMENT FROM THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT FOR PUBLIC ROAD AND HIGHWAY PURPOSES WHEREAS, The Los Angeles County Flood Control District is.the owner of certain real property legally described as set forth in Exhibit "A" and depicted in Exhibit "B", attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, The Los Angeles County Flood Control District reserves the paramount right to use said land for flood control purposes; and WHEREAS, The City of Azusa agrees that it will not perform or arrange for the performance of any construction or reconstruction work in, on, over, and across the land herein - described until the plans and specifications for such construction or reconstruction work shall have first been submitted to and been approved in writing by the Chief Engineer of the Los Angeles County Flood Control District. Such approval by the Los Angeles County Flood Control District shall not be interpreted or inferred as an endorsement or approval as to the design, accuracy, correctness, or authenticity of the information shown on the submitted plans and specifications. Furthermore, such approval cannot be relied upon for any other purpose or by any third party for any reason. whatsoever. The Los Angeles County Flood Control District does not accept ownership or responsibility for the improvements; and WHEREAS, The City of Azusa agrees that it shall indemnify and save harmless the Los Angeles County Flood Control District, its officers, agents and/or employees, from any and all liability, loss, damage or expense to which the Los Angeles County Flood Control District, its officers, agents and/or employees may be subjected as the result of any act or omission by the City of Azusa, its officers, agents and/or employees, arising out of the exercise by the City of Azusa, its officers, agents, employees or contractors of any of the rights granted to it by this easement document. WHEREAS, It is expressly understood that the Los Angeles County Flood Control District will not be called upon to construct, repair, maintain, or reconstruct any structure or improvement to be erected or constructed pursuant to this easement document; and WHEREAS, The provisions and agreements contained in this Easement document shall be binding upon the City of Azusa, its successors and assigns; and WHEREAS, the City of Azusa City Council elects to accept the Grant of Easement from the County of Los Angeles Flood Control District. 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 accepted. 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 after final approval by the County of Los Angeles. Section 3. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 40' day of October, 2010. oseph R. 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 4h day of October, 2010. AYES: COUNCIL MEMBERS:GONZALES, CARRILLO, HANKS, MACIAS, ROCHA NOES: COUNCIL MEMBERS:NONE ABSTAIN: COUNCIL MEMBERS:NONE ABSENT: COUNCIL MEMBERS:NONE City Clerk R ANC \AG µME\ P I.EE"E FEET 15 30 45 60 60 30 D SCALE ".m RECORD DISTANCES SHOWN IN 1 1. DIS T.NCES SH1. IN FEET UNLESS OINERNISE INDICATED. AREAS SND. INIW.RE FEET UNLESS OTHERWISE ].$IATED. RE OENOTE5 E&SE"ENE FOR PUBLIC HEAD AND HICH"Y PURPOSES. P SEE TITLE REPORT R COw;yTOE VESTING D6OPoUT1O1. X01 P 2 ,106 A2V ap soil SO NENpv Y01 106 +xa+ a°+ N WASH eO/Sr µ..orE.e ns ° �cacD �accL nJ. ' ICE N4 _ - \ � °.. R9 IJ51• EIME LESS - •° �s� 13 ti iaE:�O, PM ,�g5.50 5 ALL IN THE CITY OF AZUSA PARCEL 17 ANTI —C. XD. VESTING DEE° r ED"y OF SO -E. NIDE ESE ENI *NE sruE Of c LIFDFxu PEN o5 Dr z..0-ze° DE, NO'S11E A. DOF xAPm e« OR REFERENCES RIGHT OF WAY MAP COUNTY OF LOS ANGELES DEPARi1ENT OF PE,LIE NII9NS C -IL F.RBER OIRECIDR R PU9LIC "AS VI SPY Y/ PING 6 PRpPFR IV WN/LE:ENI D/TC MENDPROJEC! MUS: ON ' ALOSTA PEDESTRIAN BRIDGE l ll E: 4051A AVENEE IBi A!!F [i s: LITTLE DALTON WASH, PENCEL NO. iN z3. 2009 1 SHEET I ORIGINAL RECORDING REQUESTED BY AND MAIL TO: City of Azusa 213 East Foothill Boulevard Azusa, CA 91702-2514 Space Abava Thfs Line Rasmed ]w Rsc lees Use THIS DOCUMENT IS EXEMPT FROM DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11822 OF THE REVENUE & TAXATION CODE THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO Assessors Identification Number: SECTION 27383 OF THE GOVERNMENTCODE 8624-002-901 (Portion) EASEMENT For a valuable consideration, receipt of which is hereby acknowledged, the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, (hereinafter referred to as DISTRICT), does hereby grant to the CITY OF AZUSA, a municipal corporation (hereinafter referred to as the GRANTEE), an easement for public road and highway purposes in, on, over, and across all that real property in the City of Azusa, County of Los Angeles, State of California, described in Exhibit A attached hereto and by this reference made a part hereof. Subject to all matters of record and to the following reservation and conditions which GRANTEE, by the acceptance of this Easement and/or the exercise of any of the rights granted herein, agrees to keep and perform, viz: 1. DISTRICT reserves the paramount right to use said land for flood control purposes 2. GRANTEE agrees that it will not perform or arrange for the performance of any construction or reconstruction work in, on, over, and across the land herein -described until the plans and specifications for such construction or reconstruction work shall have first been submitted to and been approved in writing by the Chief Engineer of the Los Angeles County Flood Control District. Such approval by DISTRICT shall not be interpreted or inferred as an endorsement or approval as to the design, accuracy, correctness, or authenticity of the information shown on the submitted plans and specifications. Furthermore, such approval cannot be relied upon for any other purpose or by any third party for any reason whatsoever. DISTRICT does not accept ownership or responsibility for the improvements. Alosta Pedestrian Bridge ALOSTA AVENUE 8-1RE Affects: LITTLE DALTON WASH 74 13 -RW 19.2 X2101783 S.D.1 RDC0015291 P:CONF:EASE-ALOSTA AVENUE (8) 1 R E OOcX ALOSTA PEDESTRIAN BRIDGE Easement Page 2 3. ^ GRANTEE agrees that it shall indemnify and save harmless the DISTRICT, its officers, agents and/or employees, from any and all liability, loss, damage or expense to which DISTRICT, its officers, agents and employees may be subjected as the result of any act or omission by GRANTEE, its officers, agents, and/or employees, arising out of the exercise by GRANTEE, its officers, agents, employees or contractors of any of the rights granted to It by this Easement document. 4. It is expressly understood that DISTRICT will not be called upon to construct, repair, maintain, or reconstruct any structure or improvement to be erected or constructed pursuant to this Easement document. & The provisions and agreements contained in this Easement document shall be binding upon GRANTEE, its successors and assigns. To the extent any lawful assessment be levied pertaining to the area to which this easement applies and to the extent that the assessment is based on the structures and improvements being constructed tinder the authority of this easement and provided further that the assessment be levied following GRANTEE's exercise of these easement rights to construct such structures and improvements, GRANTEE agrees to pay on behalf of DISTRICT that part of any such assessment levied against DISTRICT, which is based on the value contributed to that area by GRANTEE's said improvements. Dated LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic By Chair, Board of Supervisors of the Los Angeles County Flood Control District (LACFCD-SEAL) ATTEST: SACHI A. HAMA[, Executive Officer of the Board of Supervisors of the County of Los Angeles Deputy NOTE: Acknowledgment form on reverse side. MP -6 13.041 X2101783 Mr. Steven Steinhoff, Assistant Deputy Director Survey/Mapping & Property Management Division Los Angeles County Department of Public Works P.O. Box 1460 Alhambra, CA 91802-1460 Attention: Wanda Hinkley Dear Mr. Steinhoff. ALOSTA. PEDESTRIAN BRIDGE ALOSTA AVENUE — PARCEL 8-1 RE APPROVAL OF EASEMENT We have examined and do hereby approve and accept the terms and conditions stipulated in the proposed Easement from the Los Angeles County Flood Control District to the City of Azusa. We hereby authorize the Los Angeles County Flood Control District to record the original document and instruct the County Registrar -Recorder to mail said document to the City at the address set forth below VAU Signature Joseph R. Rocha Name Address: 213 E. Foothill Blvd. Azusa, CA 91702 P:lmppublWordproVAcq&revWosta doc approval. doc 10/4/10 Date Title STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) On January 6, 1987, the Board of Supervisors for the County of Los Angeles and ex officio the governing body of all other special assessment and taxing districts, agencies, and authorities for which said Board so acts adopted a resolution pursuant to Section 25103 of the Government Code that authorized the use of facsimile signatures of the Chair of the Board on all papers, documents, or instruments requiring the Chair's signature. The undersigned hereby certifies that on this _ day of 20`, the facsimile signature of Chair of the Board of Supervisors of the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, was affixed hereto as the official execution of this document. The undersigned further certifies that on this date a copy of the document was delivered to the Chair of the Board of Supervisors of the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT. In witness whereof, I have also hereunto set my hand and affixed my official seat the day and year above written. (LACFCD-SEAL) APPROVED AS TO FORM ROBERT E. KALUNIAN Acting County Counsel By Deputy as to title and execution, 20 OF PUBLIC WORKS & Property Management Division Title Examiner P:CDW:AM FLODFM 2 cnY AccPT Rvso 1027D9 SACH A. HAMAi, Executive Officer of the Board of Supervisors of the County of Los Angeles Deputy CERTIFICATE OF ACCEPTANCE This is to certify that the interest In real property conveyed by the deed or grant herein, dated , from the Los Angeles County Flood Control District, a body corporate and politic, to the City of Azusa, a municipal corporation, is hereby accepted pursuant to authority conferred by Resolution No. of the City (council of the City of Azusa, adopted on 'and the grantee consents to the recordation thereof by Its duly authorized officer. By EXHIBIT A Project Name: Alosta Pedestrian Bridge ALOSTA AVENUE 8 -IRE Affects: Little Dalton Wash 74 13 -RW 19.2 AJ N. 8624-002-901 T.G. 569 (A6) I.M. 159-317 First District X2101783 LEGAL DESCRIPTION PARCEL NO. 8 -IRE (Easement for public road and highway purposes): That portion of that part of the Rancho Azusa, Finally Confirmed to Henry Dalton, as shown on map recorded in Book 2, pages 106 and 107, of Patents, in the office of the Registrar-Recorder/County Clerk of the County of Los Angeles, described as Parcel No. 74 in a Final Order of Condemnation, had in Superior Court Case No. 743427, a certified copy of which is recorded in Book D1697, page 459, of Official Records, in the office of said Registrar-Recorder/County Clerk, within the following described boundaries: Beginning at the intersection of the northeasterly boundary of that certain 80 -foot wide strip of land described in deed to the State of California, recorded in Book 12230, page 230, of said Official Records, (said 80 -foot wide strip of land was relinquished to the City of Azusa as shown in document recorded in Book R3392, page 344, of said Official Records) and a line parallel with and 35 feet northwesterly, measured at right angles, from that certain course having a bearing and length of N 70°31'04" E 42430 feet in the centerline of said Parcel No. 74; thence North 70°31'04" East along said parallel line, a distance of 10.74 feet to a line parallel with and 10 feet northeasterly, measured at right angles, from said northeasterly boundary; thence South 40"52'47' East along said last-mentioned parallel line, a distance of 70.34 feet to the southerly boundary of said Parcel No. 74: thence southwesterly, in a direct line, to a point in said northeasterly boundary, said point being distant along said northeasterly boundary South 40052'47" East 5.00 feet from the southerly sideline of that certain 60 -foot wide strip of land described in said Parcel No, 74; thence North 40'52'47" West along said northeasterly boundary, a distance of 74.81 feet to the point of beginning. Containing: 726± square feet. To be known as ALOSTA AVENUE This real prapeo o, description has been prepared in confornnnrce with the Profes yioned land Surveyors Act The signatory herein A ecempi puntu ant ro,Ser.tiun 8726 of dee raliforma Buyiness mut Professions Code RO C:IMVRestLegal Desc6phonsNAIWa Pedestdan Bsidge\&IRE doc APPROVED AS TO DESCRIPTION r�ceml�Cj- 23 , 2009 COUNTY OF LOS ANGELES By m� S RV G CADASTRAL ENGINEER III Mapping and Properly Management Division RECORDING REQUESTED BY WHEN RECORDED MAIL TO NAME Vera Mendoza City Clerk City of Azusa ADDRESS 213 E. Foothill Blvd. CITY, STATE Azusa, CA ZIP CODE 91702 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE TITLE(S) RESOLUTION ACCEPTING A GRANT OF EASEMENT: Los Angeles County Flood Control District.