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
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EXHIBIT "B"
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LS 4016 RESET SPK & W STAMPED
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1727- 798/799 — S 2343'30" W 7.10'
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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