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HomeMy WebLinkAboutRES 94-03RESOLUTION NO. 94- 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ACCEPTING THE OFFER OF DEDICATION OF THAT CERTAIN REAL PROPERTY HEREIN DESCRIBED FOR PUBLIC USE. A. RECITALS (i) WHEREAS, Atlantic Richfield Company, a Pennsylvania corporation, has offered to dedicate that certain public service easement for sanitary sewer purposes, as required by Planning Commission Resolution No. P.C. 92-23. A full, true and correct copy of said easement is set forth in that certain deed of easement attached hereto as Exhibit "A" and by this reference incorporated herein. (ii) WHEREAS, the City Engineer has reviewed the proposed easement, has caused the facilities installed therein to be inspected and has reported to the City Council that said easement, and the facilities contained therein, comply with all City requirements therefor. (iii) WHEREAS, the Planning Commission, by its Resolution No. P.C. 92-23, has heretofore reported that acceptance of said easement, and the facilities therein -` contained, comply with the City's proposed General Plan pursuant to the provisions -of California Government Code S 65402 and Ordinance No. 4 (1992). (iv) WHEREAS, All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: Section 1: In all respects as set forth in the Recitals, Part A, of this Resolution. Section 2: The City of Diamond Bar does hereby accept the offer of dedication of the easement described in Exhibit "A", and the facilities therein contained, for public use subject to the required one (1) year warranty requirements of the City. Section 3: The City Clerk shall: a. Certify to the adoption of this Resolution; and b. Cause the deed of easement described in Exhibit "A" to be recorded, indicating acceptance by the City, forthwith. The City Clerk shall certify to the passage of this resolution by the City Council of the City of Diamond Bar, and shall cause the same to be posted in three (3) conspicuous places in the City of Diamond Bar, and it shall thereupon take effect. PASSED, APPROVED AND ADOPTED this Ast day of Feb. , 1994. 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 1st day of February 1994, by the following Roll Call vote: AYES: COLINCILMEMBERS - Miller, Papen, Ansari, MPT/Harmony, M/Werner NOES: COL;NCILMEMBERS - None ABSENT: COVNCILMEMBERS - None ABSTAINED: COUNCILMEMBERS - None 0 — LYIWA BURGESS=, C ty-Clerk City of Diamond Bar- EXHIBIT "A" THE CITY, and its officers, agents and employees, and any contractor, its agents and employees, engagedby 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. DA= APPROVED: George A. Wentz, City Engineer Date: NOTE: Signature(s) of Grantor(s) must be notarized; Attach Acknowledgement form. RECORDING REQUESTED BY CITY OF DIAMOND BAR WHEN RECORDED MAIL 10 City Clerk City of Diamond B a r 21660 East Copley Drive Suite 100 Diamond Bar, CA 91765 GRANT OF EASEMENT for ' SANITARY SEWER PURPOSES FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE GRANTOR, Atlantic Richfield Comoanv, APennsvlvania Corporation, hereby grants to the City of Diamond Bar, a municipal corporation, hereinafter CITY, an easementfor sanitary sewer purposes andthe right toconstruct, reconstruct, use, maintain, operate, alter, addto, 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 1 as described in Certificate of Compliance recorded as Instrument No. 92-1990659, of Official Records in the Office of the County Recorder of Los Angeles County, State of California, more particularly described as follows: Astrip of land, ten(10) feetwide, the westerly and southerly lines of which are ? ` described as follows: Beginning at the northwesterly corner of said Lot 1; thence along the westerly line of = said lot, S 31 °33'51 "W 173.16 feet, tothe southwesterly corner of said lot; thence along the southerly line of said lot, S 60°55' 37"E 60.73 feet; thence continuing along _ '• said southerly line, S 11 °58'40"W 24.06 feet to an angle point in said southerly line. The easterly and northerly lines of said strip of land shall be lengthened or shortened t4 - meet at points of intersection of said lines and to terminate in the northerly line and southerly line of said lot. THE CITY, and its officers, agents and employees, and any contractor, its agents and employees, engagedby 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. DA= APPROVED: George A. Wentz, City Engineer Date: NOTE: Signature(s) of Grantor(s) must be notarized; Attach Acknowledgement form.