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HomeMy Public PortalAbout84-015RESOLUTION NO. 84-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER .AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS AND DRAINAGE SYSTEM KNOWN AS PRIVATE DRAIN NO. T388, IN THE CITY OF CARSON FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZING THE TRANSFER AND CONVEYANCE THEREOF WHEREAS, there have been dedicated unto, or the City of Carson has otherwise acquired, the storm drain improvements known as Private Drain No. T388, described in Exhibit A, attached hereto; and WHEREAS, the City of Carson is authorized and empowered to transfer and convey unto the Los Angeles County Flood Control District any storm improvements and.drainage systems for future operation, maintenance, repair and improvement; and WHEREAS, the Board of Supervisors of the Los Angeles County Flood Control District is authorized and empowered under Section 13-3/4 of the Los Angeles County Flood Control Act, as amended, to accept on behalf of said District a transfer and conveyance of storm drain improvements and drainage systems lying within the territorial boundaries of said District whenever the governing body of any public agency owning or having jurisdiction over such storm drain improvements and drainage systems by resolution requests said Flood Control District to accept such improvements and systems, except that such Flood Control District shall not assume or be liable for any bonded indebtedness that may be against such storm drains or drainage systems; and WHEREAS, the best public interest will be served by transfer and conveyance of the storm drain improvements and drainage system described in Exhibit A, attached hereto, from the City of Carson to the Los Angeles County Flood Control District for future operation, maintenance, repair and improvement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CARSON that the City of Carson by and through its City Council does hereby request that the Los Angeles Flood Control District accept the transfer and conveyance to said Los Angeles County Flood Control District of the storm drain improvements and drainage system described in said Exhbiit A. BE IT FURTHER RESOLVED that, subject to the acceptance thereof by resolution of the Board of Supervisors of the County of Los Angeles, the ex -officio governing body of said Los Angeles County Flood Control District, the City Engineer of the City of Carson is directed and ordered to prepare all necessary instruments and documents, including deed, to effectuate said transfer and conveyance and to obtain the approval thereof of the Chief Engineer of said District, and that the Mayor, acting on behalf of the City of Carson, is authorized and instructed to execute said deed and other instruments and documents. District shall have no obligation or responsibility to maintain said storm drain, improvements and drainage until all rights of way for said drain now vested in the City of Carson and all other necessary rights of way therefore have been conveyed to and accepted by the District. Notwithstanding the.foregoing, District may at its sole discretion maintain said improvements and drainage system upon written request by City prior to conveyance of said rights of way. Said transfer is limited to the drainage structure proper and does not include transfer of responsibility for the repair of paving resulting from backfill failure in public streets. The City of Carson shall defend the County of Los Angeles and the Los Angeles County Flood Control District and hold each of said agencies free and harmless from any liability created by the construction of the facility so transferred herein. PASSED, APPROVED and ADOPTED this 23rd 1984. ATTEST: CITY GLERK Approved as to form by the City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF CARSON ) Resolution No. 84-015 - 2 day of January z MAYO I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing resolution, being Resolution No. 84-015 was duly and regularly adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 23rd day of January, 1984, and that the same was so passed and adopted by the following vote: AYES: COUNCIL MEMBERS: Bridgers, Calas, Egan, Muise and Mills NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None City Glerk, City df Carso , California IX1'=10 Res. No. 84-015 EXHIBIT "A" 2 $ STORM ptC.Alr! Ei4SEM&y]' -710 clry of c,4,e5OAJ l7Fsc R tB�� �s P.� a2 T g IN aR 90-0.5,80-s'67,8 ©0 m 240.48 Z8 VL y PROL 0AI C7 r ianr of t OF AVF: ,0jS72 7'.�e,4c r /ilD, 27987 MB 7ZI — // To 13 Nt y 1-1,VAr aF /90 77W .ST., .40 Ae,& 7` WIPS- i PER 7-R.gcr AVO, 27987 M 8 72/ // To /3 0 ScRLE 1".gyp` 27, 50 STorPM pR�4/N ��E`M�VT C / 7y 010 CH1,>SOn1 pEsci2/B" A--jr jc 14zTC /N Q2 80 - 058 0568 �1 m 75.2154 f /t AIL PQoLON647i0N OF v of cirAt e A[ Avg. AoK 7XAc r /Va. Z7987 M6 72/ - f/ 7a /3 1W L/n!E OF /90 Ts/ S7 - 46 T44 FEET tN/pE" PF.:¢ -7jeAC7' No. 2 798 7 /L/',8 72/ - // 7'0 /3 0 Res. No. 84-015 Ret. ' Recording Requested By ............................. ........................................ City o1 Carson When recorded mail to Citv of Carson 701 E. Carson Street ... ._................. •--......................... •----------.......................... _ ..............Carson.. CA._._90745 a. 84=015 CO D .f nc ecorded � . Has not been compared with o� rtg L Original will be returned when �i processing has, been completed. ! � L0S ANGELES COUNTY REGISTRAR - RECORDER above this line for Recorder's use -- — EASE -MEN FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Dominguez Properties, a limited partnership, o. es hereby grant to the CITY Or: ......... Ca.Ks.4.n............ -...... _................... _....... _............... _-.._... ._._ ._. an easement for, and e right to construct, maintain, operate, and use, ................................... ..............:....:..__.......---- _--- ----- .-.......... nd appurtenant structures in and across the real property in the _... lai.t.y......aL.._CaXSQn..._......-...__........ .._._....... _ ounly of Los Angeles, State of California, described as (See Legal Descriptions attached hereto and by this reference made,. a part hereof) This easement is granted on the following express terms and conditions: 1. The City of Carson hereby agrees to indemnify and hold harmless the Grantor and its successors and.assigns from all liability arising out of or with respect to the construction of storm drains, including liability for any damages or interference to the Grantor or any third party, or any cost or expenses, including reasonable attorney's fees, incurred by the Grantor which may be caused by or result from work or improvements. 2. The easement granted hereby is subject .to all existing rights of way, easements and other matters of record affecting the Easement Area, including without limitation, a lease to Shell Oil Company for the production of oil and gas. 3. Grantor reserves for itself and its successors and assigns all mineral, hydrocarbon and other substances from the Easement Area and the rights to remove such substances and drill under and through the Easement Area; provided Grantor shall have no right of surfaceentry or within 500 feet below the surface of the Easement Area. Together witb the right to enter upon and to pass and repass over and along said easement and right of way and to deposrl tools, implements, and other materials thereon, by said City, its officers, agents, and employees, and by any contractor, bis agents and employees, engaged by said City whenever and wherever necessary for the purposes above set forth. It is understood that each undersigned grantor grants only that portion of the abore described laud in which said r r rlrlor has an interest. DOMINGUEZ PROPERTIES, a parper5hip CARSON STATE COb1P_NY, a gc/Ieral, part Dated: .-...... .?un4._J 0 ........................... 19.8.0... .Ay .�� ... ------ - - .... FOR—US ... l-9.0-tb--- Stx'ee.t...4Y.10....Wi.lmin.g.tnn AMD .... 7.5 07.6.--5....(.CC.. No.,....338) - Y .._..— . I......... -`:. ...... - ---• >. . Search No...... ................................... Parcel ....... ............ ....- TSON LAPD COhIPA�NY;2/general partner Index Ma BY... �/�.% ... / +t... T Supervisorial District No .................................................... _. IM51—(.E #17-4/64 NOTE: Acknowledgment forms on reverse side. Res. No. 84-015 LEGAL DESCRIPTIONS FOR STORM DRAIN EASEMENTTS TO THE CITY OF CARSON FOR PROJECT NO. 338 Those portions of the tract of land marked I'Maria De Los Reyes Dominguez 611.05 Acres" on map of that part of the Rancho San Pedro, in the City of Carson, County of Los Angeles, State of California, filed in Case No. 3284 of the Superior Court of the State of California, for the County of Los Angeles, described as follows: PART A Beginning at'the intersection of the northerly prolongation of the centerline of Grandee Avenue, as shown on Map of Tract No. 27522 recorded in Book 700, Pages 6 to 12, inclusive, of Maps, in the office of the Registrar -Recorder of the County of Los Angeles, with a line parallel with and 40 feet northerly, measured at right angles, from the northerly line of 190th Street, 40 feet wide, as shown on said last mentioned map; thence westerly along said parallel line 5.40 feet; thence northerly at right angles from said parallel line 30 feet; thence easterly at right angles from said last mentioned course 31 feet; thence southerly at right angles from said last mentioned course 30 feet to said parallel line; thence westerly thereon 25.60 feet to the point of beginning. PART B Beginning at a point in a line parallel with and 40 feet northerly, measured at right angles, from the northerly of 190th Street, 40 feet wide, as shown on map of Tract No. 27987 recorded in Book 721, Pages 11 to 13, inclusive, of Maps, in the office of the Registrar - Recorder of the County of Los Angeles, said point being easterly along said parallel line'240.68 feet from the northerly prolongation of the centerline of Nestor Avenue, as shown on said last mentioned map; thence easterly along said parallel line 28 feet; thence northerly at right angles from said parallel line 30 feet; thence westerly at right angles from said last mentioned course 28 feet; thence southerly at right angles from said last mentioned course 30 feet to the point of beginning. PART C Beginning at a point in a line parallel with and 40 feet northerly, measured at right angles, from the northerly line of 190th street, 40 feet wide, as shown on Map of Tract No. 27987 recorded in Book 721, Pages 11 to 13, inclusive, of Maps, in the office of the Registrar - Recorder of the County of Los Angeles, said point being easterly along said parallel line 75.54 feet from the northerly prolongation of the center line of Central Avenue, as shown on said last mentioned map; thence easterly along said parallel line 27.50 feet; thence northerly at right angles from said parallel line 30 feet; thence westerly at right angles from said last mentioned course 27.50 feet; thence southerly at right angles from said last mentioned course 30 feet to the point of beginning. Res. No. 84-015 • -r _. i.UUNI Y Of LUS ANGLLLS , j , ,•'�lll �t-r<e, =, _ 19 So , before me, the undersigned a Notary Public in and for the said State, personally appeared _AL known to me to be the President and 4r —L'J� known to me to be the Secretary of JA4L q ) , the corporation that executed the within instrument on behalf of said corporation, said corporation being known to me to be one of thep artners of the part- nership that executed.the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. Witness my hand and official seal Signature���- TYPED ORPRINTE D NAME STATE OF CALIFORNIA COUNTY -OF LOS ANGELES ) ss On June 10 (Seal) OFFICIAL eIAL ' •,'� MARILYN t, EPPERSON NDTARY PI1[ILIC C10,:0nNIA PRINCIPAL OYF L' -'S ANGELE; ,!"6 IN My Commission "=: UN ry YIWIUHIflllIIILIIDmHssioHnExp?res July 23, 19tsp 19 80 , before me, the undersigned a Notary Public in and for the said State, personally appeared Joseph R. Brown, Jr. known to me to be the President and known to me to be the Edward C. Scheller Secretary of Carson Estate Company the corporation that executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the partners of DQMjngup, prQp�ztj_ea_ , the part- nership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. Witness my hand and official seal Signature TYPED OR PRINTEb t'tAMC U (Seal) �tmmmlHlmmnmm�lmnnnnunHu'Wn:r:nnn,uuuunnuuunuununnW \�\ OFFICIAL til:AL Bc?TY J. SOJKA ;`. ttd� otAerlvAuc..:n A Lo.: A^n,>_LLsc uy MYCOMM. Exp. May 15,1982 Illlllll W UIn11,I1111111GIW11U1111111111111UI1H11111111H1111iHUII11111H111111W11I STOlLM ©RAi� cQs6'/-f�NT Z'O 4f:/Ty O,m CgFLSON DL-�SGf2/B1r D AS y4/Z7 .Q / N 0,2 S D - 40_5-8055-S oil nl 7 01 1 I ti.. _ i o' I a Q N 1 Q� _I 1 9.40 O� iT 31 AL 9 Res. No. 84-015 IZEYtS�t� S iolZM ORA/N E<15EME;N� To C/7Y aF CAjUOn! AWOZ 83-984D64 25.60 TAll 45.6 0 NLY �ROLONGAT/ON OF ¢' OF GR-4NpEE .4✓E. A --A TRACT ND. 27512 M6 '700 - 6 To /Z I CNLy L/4ec5- of /1940 TI/ ST J 40 FEET W/O& PCA. 7;e/}CT IVO. Z752Z M8 700 _ 6 To /Z Q • a t s Q 0 N F t 0 N F Rcpcordingr Requested By __..._.._......__........................... ....... I ....... .. When recorded mail to ....... ........•--•------...................................................... .... City of Carson ................... 701• E. Carson Street - --- - -- -------- Carson, CA 90745 Res. No. 84-015 83 . r, R'�Corded 0,! MCC LOS P+ '- - pace above this Iiriefor Recard�eg& . - EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Dominguez Properties, a limited partnership es hereby grant to the CITY of _... ....... G.:xs al ................ ..... _._._...... _.......................... ..................... ..... an easement for, and e right to construct, maintain, operate, and use, .........stczxIIl_..dxains .............._...._..•:_----_- d appurtenant structures in and across the real property in the ........City .of _Carson_------__— ounty of Los Angeles, State of California, described as (See Legal Description attached hereto and by this reference made a part hereof) This easement is granted on the following express terms and conditions: 1. The City of Carson hereby agrees to indemnify and hold harmless the Grantor and its successors and assigns from all liability arising out of or with respect to the construction of storm drains, including liability for any damages or interference to the Grantor or any third party, or any cost or expenses, including reasonable attorney's fees, incurred by the Grantor which may be caused by or result from work or improvements. 2. The easement granted hereby is subject to all existing rights of way, easements and other matters of record affecting the Easement Area, including without limitation, a lease to Shell Oil Company for the production of oil and gas. 3. Grantor reserves for itself and its successors and assigns all mineral, hydrocarbon and other substances from the Easement Area and the rights to remove such substances and drill under and through the Easement Area; provided Grantor shall have no right of surface entry or within 500 feet below the surface of the Easement Area. This grant of easement is given in modification of that certain parcel of land described as Part A in the storm drain easement from the Grantor to the Grantee recorded as Document No. 80-0580558 of Official Records, in the office of the Registrar -Recorder of the County of Los Angeles; so as to correctly locate the easement des- cribed herein as such location of said easement was intended to have been described in said recorded easement, and in accepting this easement, the Grantee herein agrees to such modification. Together with the right to enter upon and io pass and repast orcr and along said easement and right of way and to deposit tools, implements, and other materials thereon, by said City, its officers, agents, and employees, and by any contractor, his agents and employees, engaged by said City whenever and wherever necessary for the purposes above set forth. It is understood that each undersigned grantor grants only that portion of the above described land bt :which said grantor has an interest. DOMINGUEZ PROPERTIES, a partnership J q CARSP ESTATE COMPANY" a general nartn Dated: __.....!/ ?L- s 19--L1 7 . . FOR---.N./5...1.90t �.............AUB...7.8,.9-6-.;7._..(CC_.ho 3.3.8.). By ��Y_. �://,.' .. ''<-' '� ` ` �iV'ATSO- LA, D _ OMPA a eneral Search No. Parcel -.............B i /� l/ Pad tne. rr Index Ma .--y-_-- -�/,--- Supervisorial L. P....................................... --- -- ------------------------------- Supervisorial District No ..............:. . 7018/0178 Res. No. 84-015 LEGAL DESCRIPTION FOR STORM DRAIN EASEMENT TO THE CITY OF CARSON FOR PROJECT NO. 338 That portion of the tract of land marked "Maria De Los Reyes Dominguez 611.05 Acres" on map of that part of the Rancho San Pedro, in the City of Carson, County of Los Angeles, State of California, filed in Case No. 3284 of the Superior Court of the State of California, for the County of Los Angeles, described as follows: Beginning at the intersection of the northerly pro- longation of the centerline of Grandee Avenue, as shown on Map of Tract No. 27522 recorded in Book 700, Pages 6 to 12, inclusive, of Maps, in the office of .the Registrar -Recorder of the County of Los Angeles, with a line parallel with and 40 feet northerly, measured at right angles, from the northerly line of 190th Street, 40 feet wide, as shown on said last mentioned map; thence westerly along said parallel line 9.40 feet; thence northerly at right angles from said parallel line 20 feet; thence easterly at right angles from said last mentioned course 55 feet; thence southerly at right angles from said last mentioned course 20 feet to said parallel line; thence westerly thereon 45.60 feet to the point of beginning. 1f CERTIFICATE OF ACCEPTANCE PHIS IS TO CERTIFY THAT THE INTEREST IN REAL PROPERTY CONVEYED BY THE 'WTTllIl,j DEED OR GRANT TO THE CITY OF i;ARSON, A POLITICAL, CORPORATION AND/ Olt GOVERNP•IENTAL AGENCY, IS HEREBY ACCEPTED BY ORDER OF THE CITY COUNCIL ON 14 OCTOBI?R 1368 , AND THE GIiAiITEE CONSENTS TO THE RECORDATION //ATE:. 'EREOF BY ITS DULY AUTHORIZED OFFICER. js CITY OF CARSON BY: MY RK r ■ Res. No. 84-015 sk:INIT of CALIFORNIA OUNFY OF LOS ANGL-IIS ) ss On August 5 19 83 , before me, the undersigned a Notary Public in and for the said State, personally appeared Joseph R. Brown, Jr. known to me (or proved to me on the basis of satisfactory evidence) to be the President and —_ Betty J. Soika known to me (or proved to me on the basis of satisfactory evidence) to be the CARSON ESTATE COMPANY Secretary of the corporation that executed the within instrument on.behalf of said corporation, said corporation being known to me to be one of the partners of DOMINGUEZ PROPERTIES , the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. Witness my hand and official seal Signature TYPED OR PRINTED NAME (Seal) ro C A UF OR•J!A LES COUNTY Exp4es Aug !9, 1985 SL'AT'E OF CALIFORNIA ) COUNTY OF LOS ANGELS ) On[ugvs /0 19 S-3 , before me, the under53gned.a Notary Public �---- in and for the said State, personally appeared known (or proved to me on the basis of satisfactory evidence) to me to be the President and i� /�O E� J`" -r - n wrC k known (or proved to me on the basis of satisfactory evidence) to me to be the Secretary of W'a/.ycl) the corporation that executed the within instrument on behalf of said corporation, said corporation being kncr+vn to me to be one of the partners of .Domi��uc-' Z f�"cpc•,^��Es the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. Witness my hand and official seal (Seal) Signature 1+ ,•.- OFFICIAL SEAL. Ity pMARILYN I. EPPERSON ;� ' NOTARY PU'JLIC - CAUFORNUV TYPED OR PRINTED NAhkE es; 0 + _ PRINCIPAL OFFICE IN ! r r LOS ANGELES COUNTY ■ `' Y - My Commission Exp. July 23. 1984 4ai�oaoa•woro�®io.4�maos