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Home My WebLink AboutE-6 Staff Report - Beatty Basin Access EasementCONSENT ITEM E-6 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: DANIEL BOBADILLA, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER DATE: SEPTEMBER 17, 2018 SUBJECT: APPROVE A RESOLUTION GRANTING AN ACCESS EASEMENT OVER A PORTION OF OLD SIERRA MADRE AVENUE TO THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT BACKGROUND: The Los Angeles County Flood Control District (LACFCD) owns and maintains the Beatty Debris Basin located at the west end of Old Sierra Madre Avenue. The LACFCD has physical access to the basin but does not have legal access. The recommended action will grant the LACFCD with an access easement over a portion of Old Sierra Madre Avenue to legally access their debris basin. RECOMMENDATION: Staff recommends the City Council take the following action: 1)Approve the attached Resolution No. 2018-C53 granting an access easement over a portion of Old Sierra Madre Avenue to the Los Angeles County Flood Control District; and 2)Authorize the Mayor to execute the Easement Agreement. ANALYSIS: In 2006 as part of the Rosedale Project, the City of Azusa vacated Sierra Madre Avenue to realign the street and perform various street improvements. As part of the street vacation process, a portion of Sierra Madre Avenue was renamed Old Sierra Madre Avenue. Also during this process, the LACFCD was inadvertently left without an easement to legally access Beatty Debris Basin located at the west end of Old Sierra Madre Avenue. The attached resolution will grant the LACFCD with an easement for pedestrian, vehicular, and utility access of ingress and egress purposes across a portion of Old Sierra Madre Avenue as described in Exhibit A and depicted on Exhibit B of the attached Easement. FISCAL IMPACT: There is no fiscal impacted associated with the recommended action. APPROVED CITY COUNCIL 9/17/2018 Access Easement Over Old Sierra Madre Ave to LACFCD September 17, 2018 Page 2 Prepared By: Reviewed and Approved: Daniel Bobadilla, P.E. Sergio Gonzalez Director of Public Works/City Engineer City Manager Attachment: 1) Resolution No. 2018-C53 2) Easement Agreement 1 RESOLUTION NO. 2018-C53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA GRANTING AN EASEMENT OVER A PORTION OF OLD SIERRA MADRE AVENUE TO THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT WHEREAS, the City of Azusa is the owner of Old Sierra Madre Avenue; and WHEREAS, the Los Angeles County Flood District desires an easement for pedestrian, vehicular, and utility access of ingress and egress purposes in, on, over, and across a portion of Old Sierra Madre Avenue, more particularly described in the legal description and easement area map attached as Exhibits A and B; and NOW, THEREFORE, CITY COUNCIL OF THE CITY OF AZUSA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That an easement for pedestrian, vehicular, and utility access of ingress and egress purposes in, on, over, and across a portion of Old Sierra Madre Avenue, more particularly described in the legal description and easement area map attached as Exhibits A and B is granted to the Los Angeles County Flood Control District. SECTION 2. That the City Clerk is authorized to record a certified copy of this resolution with the Los Angeles County Recorder’s Office. SECTION 3. This resolution shall become effective immediately. PASSED, APPROVED and ADOPTED this 17th day of September, 2018. ___________________________________ Joseph Romero Rocha Mayor ATTEST: ___________________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk Attachment 1 2 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. _______ was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on the 17th day of September, 2018, by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ___________________________________ Jeffrey Lawrence Cornejo, Jr., City Clerk APPROVED AS TO FORM: ___________________________________ Best Best & Krieger, LLP City Attorney RECORDING REQUESTED BY A ND MAIL TO: COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS P.O. Box 1460 Alhambra, CA 91802-1460 Attention Survey/Mapping &Property M anagement Division Title &Escrow Section Spnce Above This Li~~e Reserved Ja~ Recor'der's Use THIS DOCUMENT IS EXEMPT FROM DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF THE REVENUE &TAXATION CODE. ASSBSSOr's Identification Number: THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO 8625-042-001 (Portion) SECTION 27383 OF THE GOVERNMENT CODE. 1 For a valuable consideration, receipt of which is hereby acknowledged, the CITY OF AZUSA, a municipal corporation, does hereby grant to the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic (hereinafter referred to as DISTRICT), an easement for pedestrian, vehicular, and utility access of ingress and egress purposes in, on, over, a nd across all that real property in the City of Azusa, County of Los Angeles, State of California, d escribed 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. Together with the further right to enter upon and to pass and repass over and along said easement and right of way to deposit tools, implements, and other materials thereon by said DISTRICT, its officers, agents, and employees, and by persons under contract with it and their e mployees, whenever and wherever necessary, for the purposes above set forth. It is hereby understood that the DISTRICT shall only be responsible for pavement maintenance and repairs resulting from its ingress and egress use of that portion of the private, paved roadway, which fronts DISTRICT's property at or near the terminus of Old Sierra Madre Avenue, Azusa. All other existing and/or future public or private improvements are to be maintained by others. Beatty Debris Basin (File: BEATTY DEBRIS BASIN 7) Parcel 7A 318A-RW 2 S.D.1 F4046528 Project ID No. MPM0000418 SM:bw SMP-9/P:CONF:EASE-BEATTYDEBRIS BASIN 7A FNL 1715 RVSD 61118 Attachment 2 Beatty Debris Basin (File: BEATTY DEBRIS BASIN 7) Parcel 7A Easement Page 2 I N WITNESS WHEREOF, on 20 , the CITY OF AZUSA, a municipal corporation, has caused this Easement document to be executed by its duly authorized officer pursuant to a resolution adopted by its city counsel. CITY OF AZUSA, a municipal corporation (City Seal) ATTEST: Mayor City Clerk ACKNOWLEDGMENT FORM A notary public or other officer completing this certificate verifes only the identity oP the individual who signed the document to which this certificate is attached, and not the truthfulness, accurac , or validit of that document. STATE OF CALIFORNIA ) ss. COUNTY OF } On ,before me, , Notary Public, (insert name of the officer) (insert title of the officer) personally appeared (insert names}and title(s)) w ho proved to me on the basis of satisfactory evidence to be the persons) whose names) is/are subscribed to the within i nstrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) N OTARIES: ATTACH ADDITIONAL OR OTHER FORMS, IF REQUIRED ACKNOWLEDGMENT FORM FOR COUNTY USE ONLY A notary public or other officer completing this certificate verifies only the identity of the individual who signed tt document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA } ss. COUNTY OF LOS ANGELES ) On ,before me, the County of Los Angeles, personally appeared Deputy County Clerk of w ho proved to me on the basis of satisfactory evidence to be the persons) whose names) is/are 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 signatures) on the instrument the persons}, or the entity upon behalf of which the persons) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and o~ciai seal. Deputy County Clerk of the County of Los Angeles (Seal) APPROVED as to title and execution, CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within 20 deed or grant is hereby accepted under the authority conferred by DEPARTMENT OF PUBLIC WORKS Ordinance No. 95-0052, duly and regularly adopted by the Board of Supervisors Survey/Mapping &Property Management Division of the County of Los Angeles on the 26th day of September 1995, and the Grantee consents to the recordation thereof by its duly authorized officer. Supervising Title Examiner dated ey By JAMES T. SPARKS ASSISTANT DEPUTY DIRECTOR Survey/Mapping &Property Management Division P:CONF:ACK4 RVSD 5916 ~",;, ; ,~ ~ ~ ,~ . ~,., ' ~ .G ~ 1 A.I.N. 8625-042-001 (Par~io~n) T.G. 569 (la4) I.M. X59-317 S.D. 1 F404652$ r ~ ~ ~ ., PARCEL N~. 7A (Easement for access road purposes): That portion of Lot "C", Tract No. 054057-3, as shown an map filed in Book 1375, pages 35 to 3~, inclusive, of Maps, in the office of the Registrar-Retarder/County Clerk of the County of Los Angeles, within the following described boundaries: B eginning at the most northerly northeasfierly corner of said Lot_"C', said corner also being fhe northwesterly corner of Old Sierra Madre Avenue, as shown an rnap of said Tract Na. 054057-3; thence South 0°48'20" East, along the easterly boundary of said Lot "C", a distance of 43.02 feet to the southwesterly corner of said Old Sierra M adre Avenue; thence South 89°11'40" West 2.27 feet; thence North 75°09'47" West 5 .92 feet, thence South 89°11'40" West 185.31 feet to the southerly prolongation of that certain course described as having a bearing and length S. 0°44'44" E. 263.38 feed i n the westerly boundary of that certain parcel of land described as Parcel 6A in deed to the LDS ANGELES COUNTY FLOOD CONTROL DISTRICT, recorded in Bonk D5099, page 400, of Official Records, in the Qffice of said Registrar-RecorderlCounty Clerk; thence North 0°44'44" West, a[ang said southerly prolongation and said certain course, a distance of 33.15 feet to the southerly boundary of said Parcel 6A, said southerly boundary also being the nor~her(y boundary of said Lot "C"; thence South 88°44'36" East, along said narfherly boundary, a distance of 105.90 feet to the wester{y terminus of that certain course having a bearing and length of N89°16'15"E 131.71 feet in said northerly boundary, as shown on said map of Tracf No. Q54057-3; thence North 89°19'56" East, along said last-mentioned certain course, a distance of 131.71 feet to the point of beginning. EXCEPTING therefrom that portion lying northerly of the westerly prolongation of the a bove-described certain course having a bearing and length of N89°16'15"E 131.71 feel. Containing: 7,344± square feet. i~L LAi~Ji K EVlN A. BUGN ~\ O EXP. ~~•/~ ~~ ~. LS 8056 .~`Z`~ tnr•t~ ~.,;r a a. o tvi,,...i II r~~r~~~~ttnn ~n~l Fvra~dl~ pCFCl1 Rinh1 of Wav ArnuiGitinn Pmiertst8FAl1l` bEBRIS BASIMPCL 7A.dOCX W z W O fll 'Af? Z ~ ~ `S A 1 ~'c s rn n ems' N O°44 44"W (263.38) —~- z ~n --- m ~ ~ ~? ~~`t r~{ zm ~g !~ m~ I '~ E =If w ~ °'a a ~BEATTY DEBRlS BASIND~a ~, o `s' o ~~ ~ ~ORD5099-400 c°o'LACFCD (FEE) o 'r ~,?f y~oa ~ ,~ , ~~ - r.~ ~ r,i ,~ O ~ ~~ r~ ~)~(POR) LOT 2~~ ~-o ~~ ~~ zV 8 cp Ul N ~ ~e ____._ ___~ _ _v_ v y Q ~Y~~'SEG 26/ T /V 0 r~~~ll ~i~~ ~} r~ .L ~,U7 ~_ N ~ ~1 ~CO ~~ t~j p -y o O O .N N v ~ ~ o ~ ~ ~' ~ ~ ~~ ~ ~— ~~ ~ m T1 N R10W o o w ~~~m ~'~° ~ C~N~' o ~ ~O~yV 1 N _ ~ ~ ~ s _ ~ _ .~ ~ ~ ~ _ ~. _ ~ o ~ ~SBM t3l ~ ~0 ~ ~~ DEBRIS BASiN G ~~ V(CENITY MAP NOT TO SCALE F EET 6 30 6D 90 120 100 60 p S CALE ~ \ ~ ( )DENOTES RECOR[3 DIMENSIONS. dIMENSIONS ARE IN FEET. ` ~'^~~- PRQPOSED LACFGD EASEMENT t~,'_ W a FOR ACCESS ROAD ~~~~o~yP~- ~~ n/p ~`~ KEVIN A. BUGH ~~ ~~ 4 ~~, LS 8056 ~`~`.~ „- `c F G~t~~r~~-~' :~ ~- a LICENSED RVEYOR DATE ~rP~~~s ,n^ LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS W:1Unit t & 2tFlced Acqui~itiont Heatty Debris BasintFinal Ezhihit t".ap !_