Loading...
HomeMy WebLinkAboutD-0311-A 'J ,-, I ",/',.. "'?? RESOlUTION NO. 867_ ~ ... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA ACCEPTIlm AU EASEMEliT OF CERTAIN REAL PROPERTY HEREINAFTER DESCRIBED FOR \7ATER MAIN AND RIGHTS OF WAY. THE CITY COmrCIL OF THE CITY OF ARCADIA DOES RESO~VE AS FOLLOWS: , SECTION 1: That thslt certain agreement of easement dated June 2, 1937, by and between Three Citie~ Land Company,. a Cali- fornia corporation, herein callec. the grantor and the City of Arcadia a Munic'ipal Corporation., granting to the City of Arce,dia a right of way to lay, construct, maintain, operate. repair and remove a single pipe ,line of a diameter not greater than eighteen, (18) inches, for the transportation of water 'under. over and through a certain,.strip of land five (5) feet in width consti- tuting a portion of Lot 9. Block 97 of Santa Anita Tract in the City of Arcadia., County of Los Angeles, state of California, as per map recorded in Book 34., Pages 41 and 42 of Miscellaneous Records in the office of the County Recorder ~!-said Los ~eles Cqunty, the center line of said strip of land , being described as follows,,: to-wit: Beginning twelve (12) feet east of the northwest corner of said Lot 9, said point being on the south line of Central Avenue as shown on said map; thence southerly, parallel with and twelve (12) feet 'easterly from the westerly line ,of said Lot 9, six bundredtwenty-seven (627) feet more or leas to the northerly line of Tract No. 8765, as per map recorded in Book 127. Pages 56 and 57 of Maps, Records of said 'Los Angeles County, be and the same is hereby accepted. It Is Further Resolved, that the Mayor of the City of Arcadia and the City Clerk of the CitY,of Arcadia, be and theYlJ.re hereby . . ~...,l , J authorized to sign sa~d agreement on behalf of the City of Arcadia. The City Clerk shall certify to the adoption of this Reso- lution. , "," ; , -1- .,~ . '" I hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of ~rcadia held on the 15th day of June. 1937. by the ,s.f'f1rmative vote of at least t~ee councilmen. to-witt AYES, C~cilmen.. Corby, Grif fit'!:s, HotrInan end McLean NOES, None ABSENTt .Counc1lmen Deniels _-!~~ And signed and approved this 15th day of June. 1937. ~w.~..t.t Mayor l) A~~.~ / . " ty. e ~ , -2- THIS AGREEMENT, dated this )..... ~ day of ~ ' 1937, by and between THREE CITIES LAND COJ,iPANY, a California corporation, hereinafter called "Grantor", and CITY OF ARCADIA, a municipal corporation, located in the County of Los Angeles, State of California, hereinafter called "Grantee", WIT N E SSE T H : That Grantor, for and in consideration of the cove- nants and agreements herein contained to be kept and performed by Grantee, and subject to all of the limitations, restrictions and reservations herein set forth, does hereby grant unto Gran- tee, a right-of-way to lay, construct, maintain, operate, re- new, repair and remove a single pipe line of a diameter not greater than eighteen (18) inches, for the transportation of water under, over and through a certain strip of land five (5) feet in width constituting.a portion of Lot 9, Block 97 of Santa Anita Tract in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 34, Pages 41 and 42 of Miscellaneous Records in the office of the County Recorder of said Los Angeles County, the center line of s aid strip of land being described as fo1- lows, to-wit: Beginning twelve (12) feet east of the north- west corner of said Lot 9, said point being on the south line of Central Avenue as shown on said map; thence southerly, parallel with and twelve (l2) feet easterly from the westerly line of said Lot 9, six hundred twenty-seven (627) feet more or less to the northerly line of Tract No. 8765, as per map recorded in Book 127, Pages 56 and 57 of Maps, Records of said Los Angeles County. This conveyance is made and 'accepted, and said right-of-way is hereby granted subject to the following express limitations, restrictions, conditions and covenants which shall apply to and bind Grantee and every assignee and successor in interest thereof. v FIRST: It is expressly understood that Grantor reserves as a part of its rights incident to its ownership of the land subject to this right-of-way, full rights to dedi- cate said land for a public street, or to otherwise use or cause said land to be used for a public or private street, highway or way, and Grantee agrees to cooperate with Grantor and others in using said land for such purposes. SECOND: No part of said pipe line or of any appur- tenance thereto shall be maintained on said right-of-way at a depth of less than eighteen (18) inches below the ground surface of s aid right-of-way. In the event that Grantor desires to lower said ground surface, Grantee shall, upon request of Grantor, and at Grantee's risk and expense, lower said pipe line and appurtenances so that no part thereof shall be less than eighteen (18) inches below such proposed Ground surface. THIRD: Grantee agrees to keep all pipe lines and other facilities installed or maintained pursuant to this grant in good order and repair at all times. FOURTH: Grantee hereby agrees to indemnify and hold Grantor harmless against all injuries or damage to persons or property, whether of Grantor or others, resulting from the main- tenance by Grantee of any pipe line or other facilities on said , ri8ht-of-way, or from any act or failure to act on the part of Grantee, its officers, agents or employees on said right-mf-way, and against all liability and claims therefor, and against all consequent costs and expenses. FIFTH: In the event Grantee fails to complete a pipe line on said right-of-way within one (1) year from the date here- of, or in the event that Grantee, having constructed a pipe line -2- as herein provided, fails to use the same for the transpor- tation of water for a period of one (1) year, all rights of Grantee hereunder shall forthuith and uithout further notice cease and terminate, and all pipes, structures and other equip- ment remainine on said right-of-way at the termination of said one (l) year period shall become the property of Grantor, its successors or assigns. IN \'IITNESS WHEREOF, the parties hereto have caused these presents to be executed by their proper officers there- unto duly authorized, and their corporate seals to be hereunto affixed, the day and year first herein written. THREE CITIES LAND Cm.'iPANY, By If .....e__.L P ~ -K 0 /6 . BY~ Grantor CITY OF ARCADIA, By ~o..o--+ W' ~~ ~~.i-t.. ~/~ By ~ . ('W~~~ STATE OF CALIFORNIA, ) , , ) 58: County of Los Angeles, ~ On this t(~4 day of .hI'/? e )/,<., ffi:~~/;, 0/ said County and State, personally appeared ROLA~TD p, to me to be the President, and C~ LONGLEY, knoVln , A. D" 1937, be- fore me, , a Notary Public in and for the BISHOP, known to me to be the Secretary of the Three Cities Land Company, the corporation that executed the within instrument, known to me to be the per- sons who executed the within instrument on behalf of the corpora- tion herein named, and acknowledged to me that such corporation -3- executed the same, IN WITNESS ViHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above ~ritten. Notary Public County and My Connnission -4- ~ \}46 ~lAl;" !'y. ~- ----t---~- ~- ...--'__ .,,-C70~4 ~ ~ . ~{'.-;'/"1 . \ '.,'" ~~ ,- , CjJy ~~;;::CO:<i...:L''';..t rlGra~'~ j Jill ~ 1937 t; 0l'J;;:~, /} t' ~ Morl@lg........,i ~ t'l,t ~1 A.M. ~~ortgagor......; )! BOCK..I.S'L3...3..:;;: Ass~gnOe,.... ...., fiT PAGE - @ L.....e.........., .......Z,8...., t, Atlorn.y,:......, SF r-:::f!Cif,L RECljUOS, ~ sheriff..........., IO~ ,'''''' [S "0 i CA' tl Clail!1w..,......, .. ~ ......, j. ... r>::. 'ren'~6'l:. I li 7............. "::,~~\&J. C:lJnty P.scm:~r ! : ";'0/ ,. c 1 jlav~ wrct;'y 'imr,u,r:b...J <" rio', - "",, -r.llon." """,' '...0 ".--"" , c. , ''', .... ""'''If:. Q .................. .........u .......... .__... ..~.:z..1 ~~Iil. (lu1lD!y R5COrd.r's Off'A ~ ' _ ~. ;:cl; " _ L " . ~JCI1:TL' 11'" l'r,l. " ' .,I' - .. - . ~ !FREE j6/(Jj