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Home My WebLink AboutRES 95-51RESOLUTION NO. 95 - 51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER PURPOSES ON LOT 41 OF TRACT NO. 47851 IN THE CITY OF DIAMOND BAR. PART A RECITALS (i) WHEREAS, Diamond Bar East Partners, a California Limited Partnership is the owner of Lot 41, Tract No. 47851, as shown on map filed in Book 1207 at Pages 47 to 56 inclusive of Maps and in the Office of the County Recorder of the County of Los Angeles, State of California and has granted to the City of Diamond Bar an easement for sanitary sewer purposes over portions of its property generally shown in Exhibit "A" as "New Sewer Easement per Description" and more particularly described in Exhibit "B", "Grant of Easement for Sanitary Sewer Purposes", attached hereto; and (ii) WHEREAS, § 65402 of the Government Code requires, in part, that no real property shall be acquired until the location, purpose and extent of the acquisition has been reported on by the Planning Commission; and (iii) WHEREAS, Planning Commission Resolution No. 95-11 which was adopted pursuant to a duly noticed and conducted public hearing, as cited therein, and which considered the proposed acquisition of said sanitary sewer easement and which found the location, purpose and extent of such aquisition to be in conformance with the General Plan, shall be the Planning Commission's report on this matter; and (iv) WHEREAS, the City Engineer has reviewed, approved and recommends acceptance of the said easement; and (v) WHEREAS, all legal prerequisites to the acceptance of this easement and the adoption of this resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: PART B - RESOLUTION Section 1 All of the facts set forth in Part A - Recitals, of this Resolution are true and correct. Section 2 The City Council of the City of Diamond Bar does hereby accept, for public use, the grant of 1 easement for sanitary sewer purposes on Lot 41, Tract No. 47851 as generally shown in Exhibit "A" as "New Sewer Easement per Description" and more particularly described in Exhibit "B", "Grant of Easement for Sanitary Sewer Purposes", attached hereto. Section 3 The City Clerk is hereby authorized and directed: (a) to execute a Certificate of Acceptance as required by § 27281 of the Government Code; (b) to forthwith cause the Grant of Easement for Sanitary Sewer Purposes along with the Certificate of Acceptance to be recorded on behalf of the City in the Office of the county Recorder and to execute any and all other documents as may be necessary or convenient to effect the recordation; and (c) to certify to the adoption of this resolution. PASSED, APPROVED AND ADOPTED THIS 5th DAY OF September, 1995 — I Phyl is E. Papen, Mayor City of Diamond Bar, California I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 5th day of September 1995, by the following roll call vote: AYES: COUNCIL MEMBER(S): Harmony, MPT/Werner, M/Papen NOES: COUNCIL MEMBER(S): Ansari ABSENT: COUNCIL MEMBER(S): None ABSTAINED: COUNCIL MEMBER(S): None ATTEST: ------�—�—------------ -- Lyrfda Surge--.�s,_,City Clerk City of Diamond Bar, California 3 r EXHIBIT "A" k��U- SEWER EASEMENT t EXHIBIT IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA OWNER EXISTINGAP NUMBERPARCELS--.. -. PROPOSED PARCELS REFERENCE NUMBERS DIAMOND BAR EAST LOTS 21, 40 AND 41 PARTNERS EXIST, EASEMENT FOR SANITARY SEWER PURPOSES PER MAP NO. 47651 TO BE VACATED 1 A %�-..� v ze r F2 4 't0 �r N 13@420'5. 33'"< 0 , CL �t1 EXIST. PRIVATE AND FUTURE EASEMENT FOR STORM DRAIN PURP09E9 PER MAP 476Qi 20,643'340C PURPOSEES AOF ACCE88R SANITARY SEWER & PRIVATE STORM DRAIN PER MAP NO, 47981 -1 1-010 AND F JOHN W. Rxi , 0;10.95 {� EXP. !/30/08 \ NQ. 4669 III .0413. N 4' 46' 00" W ;!!:10, 76' FE <--Q-k.NEWER DESCRIPTIONENT r0. . 1 MAP 4711351 EXHIBIT "A" SEWER EASEMENT A 10 FOOT WIDE STRIP OF LAND OVER, UNDER AND ACROSS A PORTION OF LOT 41 OF TRACT NO. 47851, IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK 1207, PAGES 47 THROUGH 56, INCLUSIVE, OF MAPS, RECORDED AUGUST 30, 1994, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE SOUTHERLY AND EASTERLY SIDELINE OF SAID 10 FOOT WIDE STRIP OF LAND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY SIDELINE OF THE EASEMENT SHOWN ON SAID MAP OF TRACT NO. 47851 AS "PRIVATE AND FUTURE EASEMENT FOR STORM DRAIN PURPOSES" WITH THAT CERTAIN COURSE OF THE EASTERLY BOUNDARY OF SAID LOT 41 SHOWN ON SAID MAP AS "NORTH 4045'00" WEST, 19.76'", SAID INTERSECTION POINT BEING 12.75 FEET SOUTHERLY OF THE NORTHERLY TERMINUS OF SAID CERTAIN COURSE; THENCE LEAVING SAID EASTERLY BOUNDARY ALONG SAID NORTHERLY SIDELINE SOUTH 48014'03" WEST 153.59 FEET; THENCE SOUTH 18042'12" EAST 66.33 FEET; THENCE SOUTH 67017'08" WEST 90.73; THENCE SOUTH 20043'34" EAST 8.11 FEET TO A POINT IN THE NORTHEASTERLY SIDELINE OF THAT CERTAIN EASEMENT ALONG THE SOUTHWESTERLY LINE OF SAID LOT 41 SHOWN ON SAID MAP AS AN EASEMENT FOR THE PURPOSES OF ACCESS, SANITARY SEWER AND PRIVATE STORM DRAIN. THE NORTHERLY AND WESTERLY SIDELINES OF SAID STRIP SHALL TERMINATE IN SAID EASTERLY BOUNDARY OF LOT 41 AND SAID NORTHEASTERLY SIDELINE OF SAID EASEMENT ALONG THE SOUTHWESTERLY LINE OF SAID LOT 41. -A,- 2 9-/3-9r JOHN W. HILL, JR. L.S. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. JH.kk mswordVnAegals10953Q09xa04.doc wo 0953-9x 9/13/95 kAND SOS /C< �L�< O J ' L.S. 5669 Exp. 9/30/95 CA1-�F�s R_WRJ1N6 REQUESTED BY CITY OF DIAMOND BAR WHEN RECORDED MAIL TO City Clerk City of Diamond Bar 21660 East Copley Drive Suite 100 Diamond Bar, CA 91765 EXHIBIT "B" GRANT OF EASEMENT for SANITARY SEWER PURPOSES FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE GRANTOR, Diamond Bar East Partners. a California Limited PartnershiI2, hereby grants to the City of Diamond Bar, a Municipal Corporation, hereinafter CITY, an easement for sanitary sewer purposes and the right to construct, reconstruct, use, maintain, operate, alter, add to, repair, replace, and/or remove its facilities consisting of underground conduits, manholes, and appurtenances for the collection and conveyance of domestic sewerage and other purposes over, in, under, across, along and through that certain real property situated in the City of Diamond Bar, County of Los Angeles, State of California, described as follows: That portion of Lot 41 of Tract 47851 recorded in Book 1207 at pages 47 to 56 inclusive of Maps in the Office of the County Recorder of the County of Los Angeles, State of California more particularly described as follows: SEE EXHIBIT "A" ATTACHED HERETO THE CITY, and its officers, agents and employees, and any contractor, its agents and employees, engaged by CITY, shall have the right of ingress to and egress from said easement and every part thereof, at all times, for the purpose of exercising the rights herein granted and shall have the right to enter upon and to pass over and onto said easement for any and all purposes herein described and to remove such growth, structures and other improvements as may endanger or interfere with said easement and rights herein granted. Such rights shall be reasonably exercised and the CITY shall be liable for any damage negligently done by it to the above described property. BY: Diamond Bar East Partners, a California Limited Partnership; by Diamond Ridge East Management Company, a California Corporati , as eneral Partner Grego Delgado, Pr nt Kurt Nelson, Secretary .91 Date Date APPR V eo1`g ntz, RCE, City E ineer LEGAL DESCRIPTION APPROVED FOR CITY BY: Date: Micharsl D. Myers, RCE 30702 Charles Abbott Associates Torrance, CA 41r)TF- CL.... rc(�\ �f r ...... ice\ _« i_.. _ . - _,..4. � A ^I -- . i_ i- - .