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Home My WebLink AboutD-2427 COUNTY (j) Coj ~ II'" v ' /0;, , SA~'f~TION~STRICf~t. OF LOS ANGELES COUNTY 1955 Wo,kman Mill Rood, Whiitie" CA 90601-4998 Mailing Add,e", P. O. Box 499B, Wh,it;e" CA 90607,4996 Telephone (213) 699-7411, 12131665,5217 CHARLES W, CARRY Chief Engmeer and G~neraJ Manager July 9, 1990 File No: 31-100,20 15-23,02-00 CITY OF ARCADIA JUL 11 1990 CITY MANAGER Mr, George Watts City Manager Cily of Arcadia 240 Wes1 Huntington Drive Arcadia, CA 91007 JUll:3 1990 C,,..,.. Or ARCAC'IA CITY ClERI<; RECEIVED JUL 121990 OfI'T, "'''''. f':fJy ".. ~~ "'oItKS ..t)f. Dear Mr, WatlS: BuiIdover A2reement Enclosed for your files. please find a copy of the recorded Buildover Agreement for the cons1ruction of a covered building entrance over the Districts' Santa Ani1a Outfall Trunk Sewer (Upper Seclion), Uyou have any further questions. please contact the undersigned at (213) 699-7411, extension 2709, Very truly yours, Charles W, Carry KIf ~~ Kim M, Visser Engineering Technician Financial Planning & Properly Management Seclion KMV:ms Enclosure j..:\BUILDOVR\BUIlDOYMRCADlAtTR ;... _ .. _ ......._.. ........'nn...I,oiJ ~ LOS ANGELES COUNTY. 1955 WORKMAN MILL ROAD P. O. BOX 4998 WHITTIER, CAUFORNIA 90607. - "'.... BUILDOVER AGREEMENT wtWt IlECOllDEQ MAIl: TO ABOVE A""",u", r FREE 81 THIS AGREEMENT, made and entered into this \~ay of ~"?!4- .r- 19 9n , by and between Cily of Arcadia, a body corpora Ie and polilic hereidafter referred to as 'Owner,' and COUNlY SANITATION DISTRICT NO. 15 OF LOS ANGELES COUNlY, a body corpora1e and politic, hereinafter referred to as 'District.' WITNESSETH WHEREAS, fee tiUe is vested in Owner to the following described real property in the City of Arcadia, Olunly of Los Angeles, State of California: A portion of Lo1 3 of Trac1 No, 2409 as shown on map filed in Book 23, page 23 of maps, in 1he office of the Recorder of 1he Olunly of Los Angeles, and " r' \ (oJ WHEREAS, District has been granted a permit by Los Angeles Olunly da1ed December 15, 1942, for !he construc1ion of a 21-inch pipe line for sanitary sewer purposes, and f'.' WHEREAS, Owner desires to cons1ruCl a covered building enlrance for a senior citizens center, herewafter referred 10 as "Improvement", in or on the real property described in said permit, and ':"'~' WHEREAS, construction of Improvement could endanger the Dis1rict sewer which lies within the pennJ1 referred 10 above unless construction is carried out in striC1 conformance with the provisions of this Agreement, and WHEREAS, Distric1 is willing to permit construction of improvemen1 in or on the real properly described in said permi1 upon execution, of this Agreement by Ov.ner, NOW, TIlEREFORE, the panies hereto, for and in consideration of the mutual covenan15 and conditions hereinafter contained and the performance thereof, do agree as follows: RECORDED IN OFfICIAL RECORDS RECORDER'S OFFICE .A. LOS ANGELES COUNtY CAL\FORNI" 31 M1N, 9 A.M,JUN 4: '900 PAST. __ Santa Anita Outrall Trunk Sewer (Upper Section) ~~\1tr 1\1. -- 1. District grams permission 10 Owner to construct, opcrate, and maintain Improvement in or on 1he aforesaid permit provided thai detailed plans of Improvemen1 are first prepared by Owner and approved by 1he Chief Engineer of Distric1, and that Improvement is cons1ruC1ed in accordance with the approved plans 1herefore, 2, Dis1rict makes no represenl3lion concerning 1he nature; type, condition or degree of compaction of the backfill. In 1be even1 1he backfill within 1he permi1 is uns13ble or unusable for Owner's proposed use, or if Owner for any reason removes or treats the backfill or any pan thereof, 1he 10131 expense 1herefore shall be borne by Owner, 3, Owner shall indemnify and hold harmless District, its officers, agents, and employees, from and against all cost, liability, loss, or damage or expendi1ure of whatsoeVer kind and na1ure sustained or incurred by District by reason of 1he exercise of the rights provided for by Ibis Agreemen1, including bU1 n01 limited 10 the expense of 1he defense of any action ins1i1u1ed 10 recover damages, losses or expenses. 4, Owner hereby waives any righ1 10 make or prosecu1e any claims, or demands or actions against Dis1rict, or any of its officers, employees, or agents for any injury 10 or dea1h of any person or damage to property that may arise OU1 of 1he exercise of the rights provided by this Agreemen1, including but no1 limited to damages to or destruction of Improvement 5, Owner hereby grants 10 Dis1rict, its agents, representalives, officers and employees righ1 of ingress and egress 10 said permi1 including 1he ponion occupied by Improvement authorized hereunder, for the purpose of operalion, maintenance, repair, reconstruclion or removal of Distric1's facililies or olher lawful acts in or 10 said permit 6, The permission gran1ed hereunder shall not relieve Owner or Owner's heirs, successors in interes1 or assigns from liability for assessments for city or county improvements ai, in, on or about said permit 7, Owner shall provide continuous access 10 Districl's sewer manhole located wi1hin said real property suilable. The proper operation and maintenance of the sewer, 8, The panies here10 hereby agree thai both the benefits and the burdens crea1ed by Ihis Agreemen1 , 10uch and concern the land described in District's permi1, thai this Agreemen1 shall be and 2 90- 996071 { constilu1e a covenant running with said land and shall be binding upon _Owner's heirs, executors, administra10rs, successors in inleres1 and assigns as their in1eres1 may appear, and that this Agreement shall be recorded by District. IN WITNESS WHEREOF, the parties hereto have caused this Agreement 10 be executed the day and year firs1 hereinabove wriuen, CITY OF ARCADIA Name )' 0-:tL ~f/'- Title 0 COUNTY SANITATION DISTRICT NO. 15 OF LOS ANGELES COUNTY ~"b w. {ji '4 Chief Engineer and General Manager Signed on behalf of County Sanitation Distric1 No, 15 of Los Angeles County by the Chief Engineer and General Manager, pursuanl to authority conferred by resolution of the Board of DireclOrs of said District adopted on October 11, 1967, (All signatures hereto shall be n01arized) 3 90- 996071 STATE OF CALIFORNIA ) ) 55. COUNTY OF LOS ANGELES ) On the q 7L day of undersigned, a Notal)' Public in and for said Stale, rsonally appeared 0 personally known to me (or pr~~ 10 me on 1he basis of satisfac101)' eviden executed this instrumen1 as , 4-y m ~ " . '1P"- acknowledged to me thai the h " executed iL ) to be the person who and WITNESS my hand and official seal. ! . . . ... . . .. . . . . I 1 1 I . . . . . . @"on"IC1AlSEAl. : 'co . CINDY l. ROWE · : ~~ . _ :. tfQTARY PUBlIC-CAlIFORNIA : . , .' F"fINCIPAl OfFICE IN t L .. LOS A~[l.rs COUNTY + My Commission ElPlres Mar, 6, 19921 ...... . . . . . . . . . . . I I . . . . . STATE OF CALIFORNIA ) ) 55. COUNTY OF LOS ANGELES ) On the /,,{ Ci day of t/ before me, 1be undersigned, a NOlaI)' Public in and for said Stale, pe nally appeared Charles W, Carry, personally known to me (or proved to me on 1be basis of sa1isfactol)' evidence) 10 be the person wbo executed Ibis ins1rument as Chief Engineer and General Manager of County Sanita1ion District No, 15 and acknowledged to me that the Sanita1ion District execu1ed iL WITNESS my band and official seal. . OFFICIAL SEAL CAROl. A. M~ No~c.I"',"" LOS CClUN1Y ~~. NOTARY PUBUC D FOR SAID COUNlY AND STATE 90- 996071 BUllJ)()vR'SANTAN'f.AOR 4 I.' /' N '~ ~ V) ~ o eXls7/Na /6/ ~eW~ CASc~alT ' \ , , . \\ \, , ' , " ~ 'l~ I~ "'4tz.I,\ ,,. ,. S 1Z,>l,n , , , . . . -, '.~ . (.II.) , 2828"'" ; ,'1 131 , I , ~" . ''J It ie . . . .,f . ... -r ., I I 1 >;, .\ 0 IP, I . "f'8 j' ,._ 0 '" J: , . ,,. . ,... -rnAC" NO. .9.50 p,.'\rr, or ..o'r.3 MO,11'lr " ,.." . . I ~ ;, TI< I I I , ,- ~ ..1 t;l R., A:' C ..el 2""~ I 37 - -. '.' RECORDER'S MEMO! ll.UA~ RECORD IS DUE TO OF ORIGINAL OOr.OMFNT 90- 996071 e XIi/t3/T '.41 CITY OF ARCADIA DtGINEERING DEl'AR1li1EHT .lIA,"". 110. DA'" -5,2, 90 ICAa.I. I. I:::/.<<) IMcn or