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HomeMy WebLinkAboutResolution No. UB- 12-C44RESOLUTION NO. 12-C44 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: SECTION 1: That certain Grant of Easement executed by LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, under date of the 29th of May, 2012, to the CITY OF AZUSA, a Municipal Corporation in Los Angeles County, State of California, its successors and assigns, an easement for water pipeline and appurtenant structures in, on, under, and across the real property in the unincorporated territory of the County of Los Angeles, State of California described in Exhibit A and shown on and delineated on Exhibit B, 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 25th day of June, 2012. Joseph R. Rocha, Mayor 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 25th day of June, 2012. AYES: NOES: Vera Mendoza, City Clerk GONZALES, MACIAS, HANKS, ROCHA NONE CARRILLO r ORIGINAL RECORDING REQUESTED BY AND MAIL TO: City of Azusa 213 East Foothill Boulevard Azusa, CA 91702 Attention Chet F. Anderson THIS DOCUMENT IS EXEMPT FROM DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF THE REVENUE & TAXATION CODE. Assessors Identification Numbers: THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO SECTION 8410-035-913 and 914 (Portions) 27383 OF THE GOVERNMENT CODE. 8419-001-901 (Porton) 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 CITY), an easement for water pipeline and appurtenant structures in, on, under, and across the real property in the unincorporated territory of the County of Los Angeles, State of California, described in Exhibit A and shown on and delineated on Exhibit B, both of which are attached hereto and by this reference made a part hereof. Subject to all matters of record and to the following reservation and conditions, which CITY 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. CITY agrees that it will not perform or arrange for the performance of any construction or reconstruction work in, on, under, 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. BIG DALTON WASH 93GE Easement Page 2 3. CITY shall indemnify, defend, and save harmless DISTRICT, its officers, agents, and/or employees, from any and all claims, demands, 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 CITY, its officers, agents, employees, or contractors arising out of the exercise by CITY, 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. The provisions and agreements contained in this Easement shall be binding upon CITY, 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 under the authority of this easement and provided further that the assessment be levied following CITY's exercise of these easement rights to construct such structures and improvements, CITY 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 CITY's said improvements. Dated H A (�\ ) LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic (LACFCD-SEAL) ATTEST: SACHI A. HAMA[, Executive Officer of the Board of Supervisors of the County of Los Angeles By Deputy KR:psr PUBIG DALTON 93GE By '-0-- Chairman, Boa df Supervisors Los Angeles Cponty Flood Contj Big Dalton Wash 93 (Azusa Light and Water) BIG DALTON WASH 93GE Includes Parcel 93GE.1 Also includes SAN DIMAS WASH 57GE 16-RW10 and 18-RW1.1 S.D.5 M1023008 Project ID: MPR0000075 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 Govemment Code that authorized the use of facsimile signatures of the Chairman of the Board on all papers, documents, or instruments requiring the Chairman's signature. The undersigned t the facsimile signature of certifies that on this2p +dKay of a —,20 , Chairman of the Board of Supervisors oiffte2bS 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 Chairman 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 seal the day and year above written. (LACFCD-SEAL) APPROVED AS TO FORM: JOHN F. KRATTLI Acting County Counsel I APPROVED as to title and execution, 20 OF PUBLIC WORKS I & Property Management Division Title Examiner P:CONF:ACK: FLODFAx.2 CITY OF AZUSA ACCPT RVSD 13012 SACHI A. HAMAI, Executive Officer of the Board of Supervisors of the ounty of Los Angeles By 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. 1 ? _(-4 a , of the City Council of the City of Azusa, and the Grantee consents to the recordation thereof by its duly authorized officer. Dated /6/ B��Z By Zo, - /II X ,Mayor Joseph R. Rocha EXHIBIT A BIG DALTON WASH 93GE Includes: Parcel No. 93GE.1 Also includes: SAN DIMAS WASH 57GE 16 -RW 10 and 18 -RW 1.1 A.I.N. 8410-035-913 (Portion) 8410-035-914 (Portion) 8419-001-901 (Portion) T.G. 598(H3) I.M. 144-297 S.D. 5 M1023008 LEGAL DESCRIPTION PARCEL NO. 93GE (Grant of easement for pipeline purposes): That portion of Lot 143, Tract No. 19943, as shown on map recorded in Book 519, pages 8,�9, and 10, of Maps, in the office of the Registrar-Recorder/County Clerk of the County of Los Angeles, within a strip of land 10 feet wide, lying 5 feet on each side of the following described centerline: Commencing at a point in the easterly line of the northwest quarter of Section 10, Township 1 South, Range 10 West, S.B.M., said point being distant North 0°11'50" East 235.22 feet, measured along said easterly line, from the Center of said Section 10, said easterly line also being the centerline of Lark Ellen Avenue, as said centerline is shown on map of Tract No. 18863, recorded in Book 622, pages 82, 83, and 84, of said Maps; thence at right angles from said easterly line, North 89°48'10" West 45.00 feet to a point in the westerly line of that certain parcel of land described as Part (a) in deed to COUNTY OF LOS ANGELES, recorded in Book D3339, page 604, of Official Records, in the office of said Registrar-Recorder/County Clerk, said last- mentioned point being the TRUE POINT OF BEGINNING; thence North 59°48'10" West 11.55 feet to a point in a line parallel with and 10.00 feet westerly, measured at right angles, from said westerly line; thence North 0011'50" East, along said parallel line, a distance of 61.24 feet; thence North 60011'50" East 11.55 feet to said westerly line. The sidelines of the above-described 10 -foot -wide strip of land shall be prolonged or shortened at angle points so as to terminate at their points of intersection C.WyFiles\AMMegaftBlG DALTON WASH& SAN DIMASH 93GE.d=. M V20m and shall be prolonged or shortened at their beginnings and ends so as to terminate in said westerly line. Containing: 843 ± square feet PARCEL NO. 93GE.1 (Grant of easement for pipeline purposes): That portion of above-mentioned Lot 143, within a strip of land 10 feet wide, lying 5 feet on each side of the following described centerline: Commencing at a point in the southerly line of above-mentioned northwest quarter of Section 10, said point being distant North 89058'35" West 45.00 feet, measured along said southerly line, from above-mentioned Center of Section 10, said point also being a point in the westerly line of that certain 90 -foot -wide strip of land described as Part (e) in above-mentioned deed to COUNTY OF LOS ANGELES; thence South 0026'15" West, along said westerly line, a distance of 49.28 feet to a point being hereby designated as Point "A" for the purpose of this description, said last-mentioned point also being the TRUE POINT OF BEGINNING; thence North 59°33'45" West 11.55 feet to a point in a line parallel with and 10.00 feet westerly, measured at right angles, from said westerly line; thence North 0°26'15" East, along said parallel line, a distance of 56.00 feet; thence North 45°26'15" East 14.01 feet to the westerly line of above-mentioned Part (a). The sidelines of the last above-described 10 -foot -wide strip of landshall be prolonged or shortened at angle points so as to terminate at their points of intersection and shall be prolonged or shortened at their ends so as to terminate in said westerly line of above-mentioned Part (a). Containing: 266 ± square feet PARCEL NO. 57GE (Grant of easement for pipeline purposes): That portion of that certain parcel of land in above-mentioned Section 10, described as PARCEL 57 in a Final Order of Condemnation, had in Superior Court Case No. 627548, a certified copy of which is recorded in Book 46511, page 420, of above-mentioned Official Records, within a strip of land 10 feet wide, lying 5 feet on each side of the following described centerline: Beginning at the above -designated Point "A"; thence North 59°33'45" West 11.55 feet to a point in a line parallel with and 10.00 feet westerly, measured at right angles, from the westerly line of above-mentioned 90 -foot -wide strip of land; thence North 0026'15" East, along said parallel line, a distance of 56.00 feet. CMAyFilesl lega(BIG DALTON WASH& SAN DIMASH 93GE.Eo= 10/12/2010 The sidelines of the last above-described 10 -foot -wide strip of land shall be prolonged or shortened at angle points so as to terminate at their points of intersection and shall be prolonged or shortened at their beginnings so as to terminate in said westerly line. Containing: 550 ± square feet A. LS 8056 _APPROVED AS TO DESCRIPTION Survey/Mapping and Property Management Division C:WyFiles%AMgegarGIG DALTON WASH& SAN DIMASH 93GE.Eom 10/1 10 \\V' 5100 lF�(c1 I P�'�oNl 1Gs ' I �\ (PARCEL NO. 93GE)L J AREA = 843± S.F. r M� �tig OR D3339-604 COUNTY OF LOS ANGELES Easement - Public Road Part (a) J (PARCEL NO. 93GEA)� AREA = 266± S.F. MOST SOOTHERLY LINE OF LOT 143.` TRACT NO. 19943, MB 51940 'jam\ 93 BIG DALTON WASH N89.58' 35'W �---114 SECTION LINE l (PARCEL NO. 57GE) V AREA = 550t S.F. f to,- SAN 0=SAN DIMAS WASH (18-RW1.1) Dec. OR 46511-420 57 LACFCD (FEE) 40' LINE TABLE 45' LINE \ DISTANCE 45' Q 45.00' T10 Z L6 J. .......... EOB _I as W 45' 1 45' EXHIBIT B LEGEND: ® -EASEMENT AREA 114 SECTION LINE L1 _ CITY OF COVINA COUNTY OF LOS ANGELES CENTER OF SE 10 PER TRACT NO. 9943 Point "A' TP05 I. NORTHERLY LINE OF TRACT NO. 19649, MB 492 - 21 8 22 owyn...ca< snwswv wns me ou iw PREPARED BY: A MERCADO 10105/10 OR03339-604 COUNTY OFLOS ANGELES Easement -Public Road Part (e) LIv NOT TO SCALE GRANT OF EASEMENTTO CITY OF AZUSA FOR PIPELINE PURPOSES LINE TABLE LINE BEARING DISTANCE LI N89'58'35"W 45.00' L2 SO"26'15"W 49.28' L3 N59"33'45"W 11.55' L4 NO'26'15'E 56.00' L5 N45°26'15'E 14.01' L6 N89'48'10"W 45.00' L7 N59°48'10'W 11.55' L8 NO'11'WE 61.24' L9 N60 -11'50"E 11.55' LEGEND: ® -EASEMENT AREA 114 SECTION LINE L1 _ CITY OF COVINA COUNTY OF LOS ANGELES CENTER OF SE 10 PER TRACT NO. 9943 Point "A' TP05 I. NORTHERLY LINE OF TRACT NO. 19649, MB 492 - 21 8 22 owyn...ca< snwswv wns me ou iw PREPARED BY: A MERCADO 10105/10 OR03339-604 COUNTY OFLOS ANGELES Easement -Public Road Part (e) LIv NOT TO SCALE GRANT OF EASEMENTTO CITY OF AZUSA FOR PIPELINE PURPOSES