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HomeMy WebLinkAbout7050RESOLUTION NO. 7050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ACCEPTING TWO GRANTS OF EASEMENT FOR PURPOSES OF CONSTRUCTING A "SHOTCRETE WALL" AND FOR MAINTENANCE AND REPAIR THEREOF (2205 CANYON ROAD) WHEREAS, the City of Arcadia has recently entered into a settlement agreement with Eric T. Chen and Sylvia C. Chen (collectively the "Grantor ") pertaining to Grantor's claim that the City caused certain soils subsidence on and adjacent to Grantor's property; and WHEREAS, pursuant to the settlement agreement, the Grantor is required to grant to the City easements for purposes of constructing a "shotcrete" wall, and for purposes of maintenance and repair thereof; and WHEREAS, the Grantor has executed and delivered to the City two Grants of Easement for the foregoing purposes, both of which are attached hereto as Exhibit "A" and "B ". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby accepts the two Grants of Easement as attached hereto as Exhibit "A" and Exhibit "B ", and the City Clerk is authorized and directed to append thereto the City's Certificate of Acceptance and to record the Grants of Easement in the Office of the Los Angeles County Registrar /Recorder. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. 1 Passed, approved, and adopted this -/4t -h day of November „2014. FWAINX31 City r APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 2 Ma or of the City of Arcadia STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 7050 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 4th day of November, 2014 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Beck, Chandler, Kovacic, Tay and Wuo NOES: None ABSENT: None 3 City erk of) (e City of Arcadia RECORDING REQUESTED BY WHEN RECORDED RETURN TO: City of Arcadia 240 West Huntington Drive Arcadia, CA 60021 Attention: City Clerk FREE RECORDING: This instrument is for the benefit of City of Arcadia, and is entitled to be recorded without fee or tax. (Govt. Code 6103, 27383 and Rev. & Tax Code 11922) APN: 5765- 031 -010 Above Space for Recorder's Use GRANT OF EASEMENT (Maintenance and Repair Easement) . ERIC T. CHEN and SYLVIA C. CHEN (collectively "Grantor "), are the owners of that certain real property located in the City of Arcadia, County of Los Angeles, State of California, more particularly described in Exhibit "1" attached hereto ( "Grantor's Property "). FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Grantor hereby grants to the CITY OF ARCADIA, a California municipal corporation, ( "Grantee "), its agents, representatives, successors and assigns, a temporary and non - exclusive maintenance and repair easement and right of way over, on, under, in, across, along and through that portion of Grantor's Property more particularly described and depicted in Exhibit "2" attached hereto ( "Easement Area "), for the purpose of all reasonably necessary and convenient activities associated with the maintenance and repair of a "shotcrete" wall, which wall begins on Grantor's Property and continues downslope onto property owned by Grantee. Grantee will provide to Grantor not less than five (5) business days prior notification of Grantee's intent to utilize the Easement Area. DATED: October 2014 GRANTOR: ERIC T. CHEN SYLVIA C. CHEN EXHIBIT 24347.00313 \8687419.1 ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF On before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I 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 EXHIBIT "K' 24347.00313 \8687419.1 2 (Seal) EXHIBIT "1" TO GRANT OF EASEMENT LEGAL DESCRIPTION OF GRANTOR'S PROPERTY Real property in the City of Arcadia, County of Los Angeles, State of California, described as follows: Lot 54 of Tract No. 23145, in the City of Arcadia, County of Los Angeles, State of California, as per Map recorded in Book 631, Pages 90 to 92 inclusive of Maps, in the Office of the County Recorder of said County. Also known as: 2205 Canyon Road, Arcadia, CA 91006 APN No. 5765- 031 -010 EXHIBIT "N' Exhibit 1 24347.00313 \8687419.1 EXHIBIT "2" TO GRANT OF EASEMENT LEGAL DESCRIPTION OF EASEMENT AREA Grantee, its agents, representatives, successors and assigns shall be provided reasonable access on the Real Property described in Exhibit "1 ", but shall be outside of the residence located on said real property for the sole and limited purpose of reasonably necessary and convenient activities associated with the maintenance and repair of a "shotcrete" wall, which wall begins on Grantor's Property and continues downslope onto property owned by Grantee. 24347.00313 \8687419.1 CITY OF ARCADIA CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Grant of Easement to which this Certificate of Acceptance is attached, from: ERIC T. CHEN and SYLVIA C. CHEN ( "Grantor ") to: CITY OF ARCADIA, a California municipal corporation ( "Grantee ") is hereby accepted by the undersigned officer on behalf of Grantee pursuant to authority granted by Grantee's City Council, and Grantee hereby consents to recordation of said Grant of Easement. Dated: 24347.00313 \8687419.1 CITY OF ARCADIA, a California municipal corporation EXHIBIT 'A" RECORDING REQUESTED BY WHEN RECORDED RETURN TO: City of Arcadia 240 West Huntington Drive Arcadia, CA 60021 Attention: City Clerk FREE RECORDING: This instrument is for the benefit of City of Arcadia, and is entitled to be recorded without fee or tax. (Govt. Code 6103, 27383 and Rev. & Tax Code 11922) APN: 5765- 031 -010 GRANT OF EASEMENT (Wall) Above Space for Recorder's Use ERIC T. CHEN and SYLVIA C. CHEN (collectively "Grantor "), are the owners of that certain real property located in the City of Arcadia, County of Los Angeles, State of California, more particularly described in Exhibit "1" attached hereto ( "Grantor's Property "). FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Grantor hereby grants to the CITY OF ARCADIA, a California municipal corporation, ( "Grantee "), its successors and assigns, a permanent and perpetual easement to construct, use, maintain, repair, replace, improve, alter, relocate and inspect a "shotcrete" wall and appurtenances over, under and upon an area as more fully described in Exhibits "A" and `B" of Grantor's Property in which the wall is placed thereon or immediately adjacent thereto ( "Easement Area "). Grantor shall not erect or construct or permit to be erected or constructed, any building, structure or improvement on, over or under any portion of the Easement Area or plant any trees or other vegetation on any portion of the Easement Area. Grantee shall have access to the Easement Area from time to time for purposes of maintenance, repair and replacement of wall improvements within the Easement Area. No other easement shall be granted on, under or over the Easement Area without Grantee's prior written consent, which may be granted or withheld in Grantee's sole discretion. The terms, covenants and conditions of this Grant of Easement shall bind and inure to the benefit of the successors and assigns of Grantor and Grantee. DATED: October , 2014 GRANTOR: ERIC T. CHEN SYLVIA C. CHEN EXHIBIT "B" ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF On before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I 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 EXHIBIT "B" 2 (Seal) EXHIBIT "1" TO GRANT OF EASEMENT LEGAL DESCRIPTION OF GRANTOR'S PROPERTY Real property in the City of Arcadia, County of Los Angeles, State of California, described as follows: Lot 54 of Tract No. 23145, in the City of Arcadia, County of Los Angeles, State of California, as per Map recorded in Book 631, Pages 90 to 92 inclusive of Maps, in the Office of the County Recorder of said County. Also known as: 2205 Canyon Road, Arcadia, CA 91006 APN No. 5765- 031 -010 EXHIBIT "t" Exhibit 1 24347.00313 \8687731.1 EXHIBIT "All That portion of Lot 54 of Tract No. 23145 in the City of Arcadia, County of Los Angeles,State of California, per map recorded in Book 631, Pages 90 to 92, inclusive, of Maps in the Office of the County Recorder of Los Angeles County described as follows: Beginning at an angle point in the westerly line of said Lot 54, thence North 9 '28'38" West 58.65 feet along the westerly line of said Lot 54; thence South 30857'50" East 5.82 feet; thence South 11 042'35" East 16.00 feet; thence South 18 '03'45" East 16.06 feet; thence South 210 25'50" East 13.50 feet, thence South 23 °43'30" West 7.10 feet; thence South 20 '30'15" 6.48 feet; thence South 23034'00" West 6.93 feet; thence South 42°15'40" West 12.43 feet; thence North 50c08'00" West 4.54 feet to the westerly line of said Lot 54; thence North 39`52'00" 20.66 feet along said westerly line to the point of beginning. Containing 331 square feet. LAND S DAVID L. LINDELL T S41 /9TF OF C 10-1-14 EXHIBIT "B" � FD. SPK W /CAP IN TREE ROOT PER PWFB 1727 - 791799 S 30'57'50" E 5.82' 0 10 20 40 N W - CP SURVEYED BY m DAVID z TRACT NO. 23145 SEPTEMBER MBER 25, 5, 20 2014 N 00 � (M. B. 631 -90 -92 ' w w LAND Q°_ w Go N N DAVID L LlELL rn LS 4016 RESET SPK & W STAMPED LS 4016 IN PLACE OF FD REBAR W /CAP PER PWFB 1727- 798/799 — S 2343'30" W 7.10' qTF OF CP% L� S 2030'15" W 6.48' / �p0 S 2334'00" W 6.93' / S 42'1 5'40" W 12.43' ��Z c� EE N 50x8'00" E 4.54' / LOT 54 / - -- - T E L O 55 FD. HUB W/TACK PER PWFB 1727- 798/799 CITY OF ARCADIA CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Grant of Easement to which this Certificate of Acceptance is attached, from: ERIC T. CHEN and SYLVIA C. CHEN ( "Grantor ") to: CITY OF ARCADIA, a California municipal corporation ( "Grantee ") is hereby accepted by the undersigned officer on behalf of Grantee pursuant to authority granted by Grantee's City Council, and Grantee hereby consents to recordation of said Grant of Easement. Dated: CITY OF ARCADIA, a California municipal corporation EXHIBIT "B" 24347.00313 \8687731.1