COUNTY OF LOS ANGELES

Transcription

1 JAMES A. NOYES, Director March 20, 2002 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA Telephone: (626) ADDRESS ALL CORRESPONDENCE TO: P.O. BOX 1460 ALHAMBRA, CALIFORNIA IN REPLY PLEASE REFER TO FILE: MP-6 The Honorable Board of Supervisors County of Los Angeles 383 Kenneth Hahn Hall of Administration 500 West Temple Street Los Angeles, CA Dear Supervisors: LAGUNA DOMINGUEZ FLOOD CONTROL SYSTEM-DOMINGUEZ CHANNEL PARCELS 94 AND 392 GRANT OF EASEMENT - CITY OF CARSON SUPERVISORIAL DISTRICT 2 3 VOTES IT IS RECOMMENDED THAT YOUR BOARD: 1. Find this transaction categorically exempt from the provisions of the California Environmental Quality Act (CEQA). 2. Approve the grant of easement for public highway and bridge purposes from the Los Angeles County Flood Control District to the City of Carson within Laguna Dominguez Flood Control System-Dominguez Channel, Parcels 94 and 392 (11,536± square feet), for $24,800. The parcels are located at the intersection of Sepulveda Boulevard and the Dominguez Channel, in the City of Carson. 3. Instruct the Chairman to sign the enclosed Easement and authorize delivery to the Grantee. PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION This action will allow the Los Angeles County Flood Control District to grant an easement in Dominguez Channel, Parcels 94 and 392, to the City of Carson. The easement is located east of Alameda Street, at the intersection of Sepulveda Boulevard and the Dominguez Channel, in the City of Carson.

2 The Honorable Board of Supervisors March 20, 2002 Page 2 The City of Carson requested the easement for public highway and bridge purposes in order to widen the Sepulveda Boulevard Bridge over the Dominguez Channel. The granting of this easement is not considered adverse to the District s purposes. Moreover, the instrument reserves paramount rights for the District s interest. Implementation of Strategic Plan Goals This action is consistent with the Strategic Plan Goal of Fiscal Responsibility. The revenue from this transaction will be used for flood control purposes. FISCAL IMPACT/FINANCING The City of Carson has paid $24,800 for the easement. This amount has been paid and deposited into the Flood Control District Fund. FACTS AND PROVISIONS/LEGAL REQUIREMENTS The granting of this easement will not hinder the use of the channel for possible transportation, utility, or recreational corridors. The enclosed document has been approved by County Counsel and will be recorded. ENVIRONMENTAL DOCUMENTATION With respect to requirements of the California Environmental Quality Act (CEQA), this transaction is categorically exempt, as specified in Class 5 of the Environmental Document Reporting Procedures and Guidelines adopted by your Board on November 17, 1987, Synopsis 57, and Section of the State CEQA Guidelines. IMPACT ON CURRENT SERVICES (OR PROJECTS) None.

3 The Honorable Board of Supervisors March 20, 2002 Page 3 CONCLUSION Enclosed are an original and two duplicates of the Easement. Please have the original and one duplicate signed by the Chairman and acknowledged by the Executive Officer of the Board of Supervisors. Please return the executed original and one duplicate to this office, retaining one duplicate for your files. One approved copy of this letter is requested. Respectfully submitted, JAMES A. NOYES Director of Public Works JT:bw P6:401A Enc. cc: Chief Administrative Office County Counsel

4 RECORDING REQUESTED BY AND MAIL TO: CITY OF CARSON PUBLIC WORKS DEPARTMENT 701 East Carson Street Carson, CA THIS DOCUMENT IS EXEMPT FROM DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION OF THE REVENUE & TAXATION CODE THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO SECTION OF THE GOVERNMENT CODE Space Above This Line Reserved for Recorder's Use EASEMENT Assessor s Identification Numbers: (Portion) For a valuable consideration, receipt of which is hereby acknowledged, LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, hereinafter referred to as District, does hereby grant to the CITY OF CARSON, a municipal corporation, hereinafter referred to as City, easements for public highway and bridge purposes in, on, over and across all that real property in the City of Carson, County of Los Angeles, State of California, described in Exhibit "A" attached hereto and by this reference made a part hereof. Subject to all matters of record and to the following reservations and conditions which the City, by the acceptance of this Easement document and/or the exercise of any of the rights granted herein, agrees to keep and perform, viz: 1. District reserves the paramount right to use said land for flood control purposes. 2. City agrees that it will not perform or arrange for the performance of any construction or reconstruction work in, on, over and across the land herein described until the plans and specifications for such construction or reconstruction shall have first been submitted to and been approved in writing by the Chief Engineer of the Los Angeles County Flood Control District. Such approval by District shall not be interpreted or inferred as an endorsement or approval as to the design, accuracy, correctness or authenticity of the information shown on the submitted plans and specifications. Furthermore, such approval cannot be relied upon for any other purpose or by any third party for any reason whatsoever. The District does not accept ownership or responsibility for the improvements. 3. City agrees that it will indemnify and save harmless the District, its officers, agents, and/or employees from any and all liability, loss, or damage to which District, its officers, agents and/or employees may be subjected as the result of any act or omission by City, its officers, agents and/or employees, arising out of the exercise by City, its officers, agents and/or employees, of any rights granted to it by this instrument. 4. City agrees that any damage to District s existing structure that may be caused, or related in any manner to the exercise by the City of the rights herein conveyed, shall be the sole responsibility of the City. DOMINGUEZ CHANNEL 94 Affects: Parcel 392 I.M AH:MP-9:AH16/401A BrdLtr.wpd

5 5. It is expressly understood that the District will not be called upon to construct, repair, maintain, or reconstruct any structure or improvement to be erected or constructed pursuant to this Easement document.. 6. This grant is subject to all valid and existing encumbrances of record, and is subject to the continuing right of the District and its successors to use the said land hereof, in common with the City and its successors, with the understanding that after completion of the highway and bridge construction work presently contemplated, whenever either party alters or improves its facilities within the common area, such party shall assume the actual and necessary cost, exclusive of betterments, of accommodating the other s facilities located in such common area and necessarily affected by the proposed alterations or improvements, and that neither party will undertake any such alterations or improvements without first submitting to and obtaining the written approval by the other of the plans and specifications thereof, which approval shall not be unreasonably withheld. 7. The provisions and agreements contained in this Easement document shall be binding upon the City, its successors, and assigns. To the extent any lawful assessment be levied pertaining to the area to which these easements apply and to the extent that the assessment is based on the structures and improvements being constructed under the authority of these easements and provided further that the assessment be levied following City s exercise of these easement rights to construct such structures and improvements, City agrees to pay on behalf of District, that part of any such assessment levied against the District which is based on the value contributed to that area by City s said structures and improvements. Dated LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic (LACFCD-SEAL) By CHAIRMAN, BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT ATTEST: VIOLET VARONA-LUKENS, Executive Officer of the Board of Supervisors of the County of Los Angeles By Deputy NOTE: Acknowledgment form on reverse side.

6 STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On January 6, 1987, the Board of Supervisors for the County of Los Angeles and ex officio the governing body of all other special assessment and taxing districts, agencies and authorities for which said Board so acts adopted a resolution pursuant to Section of the Government Code which authorized the use of facsimile signatures of the Chairman of the Board on all papers, documents, or instruments requiring his signature. The undersigned hereby certifies that on this day of, 200, the facsimile signature of, Chairman of the Board of Supervisors of the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT was affixed hereto as the official execution of this document. The undersigned further certifies that on this date, a copy of the document was delivered to the Chairman of the Board of Supervisors of the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT. In witness whereof, I have also hereunto set my hand and affixed my official seal the day and year above written. VIOLET VARONA-LUKENS, Executive Officer- Clerk of the Board of Supervisors (LACFCD-SEAL) APPROVED as to form LLOYD W. PELLMAN, County Counsel By Deputy By Deputy APPROVED as to title and execution,, 200. DEPARTMENT OF PUBLIC WORKS Mapping & Property Management Division MARTIN J. YOUNG Supervising Title Examiner III CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within deed or grant to the City of Carson, a municipal corporation, is hereby accepted under the authority of Resolution No., of the City Council of said City adopted on, 200, and the Grantee consents to the recordation of said deed or grant by its duly authorized officer. Dated By By MP-9:Floodfax-2000

7 File with: DOMINGUEZ CHANNEL 94 Affects: Parcel No. 392 Also affects: SEPULVEDA BOULEVARD Parcel Nos. 28-1RE and 28-2RE 28-RW 7.1 and 28-RW 8.1 A.P.N (Por.) and T.G. 794 (J2 and J3) I.M Second District M LEGAL DESCRIPTION (Grant of easements for highway and bridge purposes) Part A (Sepulveda Boulevard- Parcel No. 28-1RE): All that portion of that certain 250-foot wide strip of land in the Maria Dolores Dominguez de Watson acre allotment in the Rancho San Pedro, as shown on Clerk=s Filed Map No. 145, filed in Case No of the Superior Court of the State of California, in and for the County of Los Angeles, described as PARCEL IV in deed to LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, recorded in Book 19568, page 40, of Official Records, in the office of the Recorder of said County, lying southerly of a line parallel with and 15 feet northerly, measured at right angles, from the northerly sideline of Sepulveda Boulevard, 60 feet wide, as shown on map of Tract No , recorded in Book 301, pages 37, 38 and 39, of Maps, in the office of said Recorder. Containing: 4,326" s.f. Part B (Sepulveda Boulevard- Parcel No. 28-2RE): All of that certain parcel of land in the above-mentioned Maria Dolores Dominguez de Watson acre allotment, described as PARCEL NO. 392 in a Final Order of Condemnation, had in Superior Court Case No , a certified copy of which is recorded in Book D1030, page 896, of above-mentioned Official Records. Containing: 7,210" s.f. D:\1\ld\dominguez\94_sepulveda bl 3/21/2 EXHIBIT A