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HomeMy WebLinkAboutRES 2017-29RESOLUTION NO. 2017-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR GRANTING AN EASEMENT FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF SOUTHERN CALIFORNIA EDISON FACILITIES LOCATED IN LARKSTONE PARK WHEREAS, Southern California Edison Company, a corporation, is requesting the City of Diamond Bar to grant an exclusive easement more particularly described in the Grant of Easement for the Construction, Operation and Maintenance of Southern California Edison Facilities, attached hereto as Exhibit "I"; WHEREAS, the City Engineer has reviewed, approved and recommends granting of the Grant of Easement for the Construction, Operation and Maintenance of Southern California Edison Facilities; and WHEREAS, all legal prerequisites to the grant of the easement and the adoption of this resolution have occurred. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Diamond Bar does hereby find and determine as follows: That all of the facts set forth in the recitals of this resolution are true and correct. 2. The City Council of the City of Diamond Bar does hereby grant an easement for the construction, operation and maintenance of Southern California Edison facilities in the form attached hereto as Exhibit "I" and consents to recordation of this Grant of Easement for the Construction, Operation and Maintenance of Southern California Edison Facilities. 3. The City Manager is authorized to execute the Grant of Easement APPROVED AND ADOPTED this 151h day of August, 2017. �d Jimmy Lin, Mayor Attest: J-6'� I a'd' Tommye Cribbins, City Clerk 1075317,1 2017-29 I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 15th day of August, 2017, by the following vote: AYES: COUNCIL MEMBERS: Herrera, Lyons, Tye, MPT/Low, M/Lin NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None G -1 a Tommye h. Cribbins, City Clerk City of Diamond Bar 10753171 2017-29 RECORDING REQUESTED BY SOUTHERN CALIFORNIA EDISON An ED'SUA' NTE3,1_4770FAL 0.,p.. n,, WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA FDISON COMPANY 2 INNOVATION WAY, 2nd FLOOR POMONA, CA 91768 Attn: Title and Real Estate Services SCE Doc. No. GRANT OF EASEMENT EXHIBIT I DOCUMENTARY TRANSFER TAX$ NONE VALUE AND CONSIDERATION LESS THAN $100.001 Covina TO 1170687 SCE Company FIM 109-4332-0 APPROVED: BY UAT� S�G.OF OECLARANTORAGENT DETERMINING iA% FIflM NAME AN 8763-02SS0S RO LPRiOPETIVES SLS/BT O7/_ 21/2017 CITY OF DIAMOND BAR, a municipal corporation, (hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as "Grantee"), an easement and right of way to construct, use, maintain, operate, alter, addto, repair, replace, reconstruct, inspect and remove at any time and from time to time underground electrical supply systems and communication systems (hereinafter referred to as ''systems"), consisting of wires, underground conduits, cables, vaults, manholes, handholes, and 'including above -ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence, data and/or communications (eg. through fiber optic cable), in, on, over, under, across and along that certain real property in the County of Los Angeles, State of California, described as follows: TWO STRIPS OF LAND LYING WITHIN THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 2 SOUTH, RANGE 9 WEST, SAN BERNARDINO MERIDIAN, THE CENTERLINES OF SAID STRIPS ARE DESCRIBED AS FOLLOWS: STRIP 41 (10.00 FEET WIDE) COMMENCING AT THE MOST SOUTHERLY CORNER OF LOT 72 OF TRACT NO, 32091, AS PER MAP FILED IN BOOK 897, PAGES 72 THROUGH 78 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 72, NORTH 58'39'40" WEST 6,25 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING THE SOUTHWESTERLY LINE OF SAID LOT 72, SOUTH 31°20'20" WEST 6.50 FEET TO A POINT OF ENDING. STRIP 92 (6.00 FEET WIDE) COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID LOT 72, SAID CORNER BEING THE BEGINNING OF A CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 390.00 FEET, A RADIAL LINE PASSING THROUGH SAID BEGINNING BEARS SOUTH 31'02'20" WEST; THENCE SOUTHEASTERLY AND EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 34°30'50" AN ARC DISTANCE OF 234.93 FEET; THENCE NORTH 86°31'30" EAST 39.50 FEET TO TRUE POINT OF BEGINNING; THENCE SOUTH 03028'30" EAST 4.50 FEET TO A POINT OF ENDING, This legal description was prepared pursuant to Sec. 8730(c) of the Business 2e Professions Code. 2017-29 It is understood and agreed that the purpose of the easement is to provide electricity to Grantor's adjacent park facility. For the purposes set forth in this Grant of Easement, Grantor further grants, bargains, sells and conveys unto the Grantee the right of assignment, in whole or in part, to others, without limitation, and the right to apportion or divide in whatever manner Grantee deems desirable, any one or more, or all, of the easements and rights, including but not limited to all rights of access and ingress and egress granted to the Grantee by this Grant of Easement. Grantor agrees for himself, his heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real property. The Grantee and its contractors, agents and employees, shall have free access to the systems and every part thereof, at all times, for the purpose of exercising the rights hereingranted, including cutting or trimming of trees or tree roots that encroach upon the easement area and endanger or interfere with Grantee's systems. In the event of excavation within the easement area, Grantee shall perform the work in a manner to cause the least injury to the ground and restore it to as near the same condition as practicable as it was prior to such excavation. EXECUTED this 16 th day of August , 2017 . GRANTOR CITY OF DIAMOND BAR, a municipal corporation r' Signature Dan Print Name City Manager Title A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of L05 Aoyjdf� On (UggSt 1�t%before me, Uoayi tn"C'� Amce— ,aNotary Public, personally appeared yyGv rp 70 , who proved to me on the basis of satisfactory evidence to be the person(kwhose name(gis/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(i& and that by his/her/their signature(Xj on the instrument the person(�,X, or the entity upon behalf of which the personN 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. JOAN GRACE CAUL Signature _ (Seal) a NOtery Public - CeUtornfi L tot AnpNee County z Commission 4t 2169744 M Comm. Ez fires Oct 21, 2020 DSE801584861 TD 1170687 EXECUTED this day of 120_. GRANTEE SOUTHERN CALIFORNIA EDISON COMPANY, a corporation Signature Name Title A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ) On before me, , a 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 (Seal) 3 DSES01594861 TD 1170687 2017-29