HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL TITO HAES, ASSISTANT CITY MANAGER/PUBLIC WORKS DIRECTOR

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1 CONSENT ITEM D-16 TO: FROM: VIA: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL TITO HAES, ASSISTANT CITY MANAGER/PUBLIC WORKS DIRECTOR JAMES MAKSHANOFF, CITY MANAGER DATE: JUNE 16, 2014 SUBJECT: RESOLUTIONS ACCEPTING AND QUITCLAIMING SEWER EASEMENTS LOCATED AT 301 AEROJET AVENUE RECOMMENDATION It is recommended that the City Council adopt the following resolutions benefiting existing City of Azusa sewer utilities on the property located at 301 Aerojet Avenue: 1. A resolution accepting a sewer easement. 2. A resolution quitclaiming a sewer easement. BACKGROUND Northrop Grumman Systems Corporation (NGSC) owns the property at 301 Aerojet Avenue, Azusa, and recently discovered historical errors in the chain of title affecting sewer easements of record which do not coincide with the location of existing City of Azusa sewer utilities. In an effort to clear up the title to its property, the proposed sewer easement encompasses the actual utility locations. Subsequently, the City would quitclaim the existing utility easement lying in the incorrect location. ENVIRONMENTAL REVIEW Environmental review is not required for the adoption of these resolutions. FISCAL IMPACT There is no fiscal impact. Enclosures: (1) Grant of Sewer Easement (2)Quitclaim of Sewer Easement

2 RESOLUTION NO. 14-C36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ACCEPTING A CERTAIN GRANT OF PERMANENT EASEMENT AND DIRECTING THE RECORDING THEREOF. THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That Grant of Permanent Easement, Addendum and Exhibits A and B attached hereto are accepted as executed by Northrop Grumman Systems Corporation, a Delaware Corporation, under the date of, 2014 to the CITY OF AZUSA, a municipal corporation in Los Angeles County, State of California, its successors and assigns, the right of perpetual easement and right of way solely for the purpose of constructing, reconstructing, laying, maintaining, operating, adding, using, altering, repairing, renewing, replacing, inspecting and relocating therein and thereupon and / or removing therefrom, sanitary sewer facilities, sanitary sewer pipeline and appurtenant structures over, under, in, on, along, and across the following described parcel of all that real property situated in the CITY OF AZUSA, Los Angeles County, State of California: As described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof Grant of Permanent Easement. SECTION 2. That the City Clerk is hereby authorized and directed to cause said attached Grant of Permanent Easement, Addendum and Exhibits A and B to be filed for recording in the Office of the Los Angeles County Recorder. SECTION 3. That the City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this day Joseph R. Rocha, Mayor

3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. was duly adopted by the City Council of the City of Azusa at a regular meeting of the City Council on the AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Jeffrey Lawrence Cornejo, Jr. City Clerk

4 RECORDING REQUESTED BY AND MAIL TO: CITY CLERK CITY OF AZUSA 213 E. FOOTHILL BLVD AZUSA, CA SPACE ABOVE THIS LINE FOR RECORDER S USE GRANT OF EASEMENT CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, NORTHROP GRUMMAN SYSTEMS CORPORATION, a Delaware corporation, its successors and assigns (collectively, Grantor ), does hereby grant to the CITY OF AZUSA, a municipal corporation duly organized and existing under and by virtue of the laws of the State of California ( Grantee or the City ), a nonexclusive permanent easement (the Easement ) for SANITARY SEWER PURPOSES, including the right to construct, use, maintain, alter, add to, repair, replace, and remove, all facilities therefore or connected therewith, in, over, under, across, and along the real property in the City of Azusa, County of Los Angeles, State of California, described as follows: ALL THAT REAL PROPERTY, described as follows: As described in Exhibit A and depicted in Exhibit B attached hereto and made a part hereof. The Easement shall be for the benefit of the City only and may not be divided, assigned, or licensed to any other party. The Easement shall be used solely for the public use by the City for sanitary sewer purposes and shall not be construed to be an easement in gross to the City or to any other person or entity. The Easement shall terminate upon abandonment or cessation of use for sanitary sewer purposes by the City. Grantee shall have a right of entry over the internal roadways located on Grantor s property as reasonably necessary to access the Easement. Grantee agrees to conduct its activities in such manner as not to unreasonably interfere with Grantor s business operation activities and in the event that Grantee s activities are likely to interfere with Grantor s business operation, Grantee hereby agrees to give at least seventy two hours (72) prior written notice to the Grantor advising Grantor of the nature, place, time as well as duration of the activity In the event of an emergency threatening public health, Grantee may give less than seventy two hours (72) prior written notice. Grantee shall restore the easement area and any portion of the burdened property affected by Grantee s activities. This Easement may not be supplemented, amended or modified without the prior written approval of both Grantor and Grantee. In consideration of the Easement and other rights granted herein, Grantee acknowledges and agrees that this Easement is in lieu of, and not in addition to, any and all other rights of access or other use of the burdened property, including any right to claim any prescriptive easement or

5 other right arising out of historic use or benefits, which rights are hereby expressly and irrevocably released and waived. TO HAVE AND TO HOLD the above granted and described premises unto the CITY OF AZUSA, CALIFORNIA, its successors and assigns forever. IN WITNESS WHEREOF, Grantor has executed this Grant of Easement this day of, NORTHROP GRUMMAN SYSTEMS CORPORATION, a Delaware corporation By: A. J. Paz, Corporate Director of Real Estate ~ 2 ~

6 State of California ) County of Los Angeles ) On, before me,, Notary Public, (here insert name and title of the officer) 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 ~

7 LEGAL DESCRIPTION SANITARY SEWER EASEMENT AN EASEMENT FOR SANITARY SEWER PURPOSES LYING WITHIN PARCEL 2 OF PARCEL MAP NO , IN THE CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AS FILED IN BOOK 95, PAGES 83 AND 84, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, OVER A STRIP OF LAND FEET IN WIDTH, SAID STRIP LYING 5.00 FEET OF EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 2; THENCE, ALONG THE WESTERLY LINE OF SAID PARCEL 2, NORTH 0 04' 56" EAST FEET TO THE TRUE POINT OF BEGINNING; THENCE, FROM SAID TRUE POINT OF BEGINNING, SOUTH 88 53' 56" EAST FEET; THENCE NORTH 0 00' 14" EAST FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 2. THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED AS TO TERMINATE WESTERLY AT THE WEST LINE OF SAID PARCEL 2 AND NORTHERLY AT THE NORTH LINE OF SAID PARCEL 2. SAID EASEMENT AS SHOWN ON EXHIBIT B ATTACHED HEREWITH AND MADE A PART HEREOF. EASEMENT AREA: 4,964 S.F. EXHIBIT A

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9 RESOLUTION NO. 14-C37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ACCEPTING A CERTAIN QUITCLAIM OF EASEMENT AND DIRECTING THE RECORDING THEREOF. THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That Quitclaim of Easement, Addendum and Exhibit A attached hereto are accepted by the CITY OF AZUSA, a municipal corporation in Los Angeles County, State of California, its successors and assigns on, along, and across the following described parcel of all that real property situated in the CITY OF AZUSA, Los Angeles County, State of California: As depicted in Exhibit "A" attached hereto and made a part hereof Quitclaim of Easement. SECTION 2. That the City Clerk is hereby authorized and directed to cause said attached Quitclaim of Easement, Addendum and Exhibits A and B to be filed for recording in the Office of the Los Angeles County Recorder. SECTION 3. That the City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this day Joseph R. Rocha, Mayor

10 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. was duly adopted by City Council of the City of Azusa at a regular meeting of the City Council on the, AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Jeffrey Lawrence Cornejo, Jr. City Clerk

11 RECORDING REQUESTED BY AND MAIL TO: CITY CLERK CITY OF AZUSA 213 E. FOOTHILL BLVD AZUSA, CA SPACE ABOVE THIS LINE FOR RECORDER S USE QUITCLAIM OF EASEMENT CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of Azusa, a municipal corporation duly organized and existing under and by virtue of the laws of the State of California, does hereby remise, release, and forever quitclaim to Northrop Grumman Systems Corporation, A Delaware Corporation, in and into that certain easement: ALL THAT REAL PROPERTY, described as follows, to-wit: That certain easement granted to the City of Azusa, a municipal corporation in the County of Los Angeles, State of California by Instrument No , as recorded in Official Records on May 19, 1978 in the Office of the County recorder of said County, lying within Parcel 2 of Parcel Map No as filed in book 95, pages 83 & 84 of Parcel Maps in the office of said County Recorder; excepting therefrom those portions of said easement lying east of a line parallel with and feet west of the easterly line of Parcel Map No , as filed in book 91, pages 49 & 50 of Parcel Maps, in the Office of said County Recorder. AS DEPICTED IN EXHIBIT A, ATTACHED HERETO AND MADE A PART HEREOF. AREA QUITCLAIMED: 8,303 SF IN WITNESS WHEROF, the said City has caused its name and seal to be affixed by its Mayor and City Clerk thereunto, duly authorized this day of, Joseph R. Rocha, Mayor Jeffrey L. Cornejo Jr., City Clerk

12 STATE OF CALIFORNIA County of Los Angeles On before me,, a notary public, personally appeared Joseph R. Rocha, known to be the Mayor, and Jeffrey L. Cornejo Jr., known to be the City Clerk of the City whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public

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