CC - Item 4D - Acceptance of Easement Deed for Storm Drain Purposes 9509 Valley BlvdTO: BILL CROWE, CITY MANAGER
FROM: KEN RUKAVINA, CITY ENGINEER
DATE: NOVEMBER 2, 2004
RE: ACCEPTANCE OF EASEMENT DEED FOR STORM DRAIN PURPOSES -
9509 VALLEY BOULEVARD
Attached is a deed for a storm drain easement along the west side of the MC Gill property
at 9509 Valley Boulevard.
Staff is currently preparing plans and specifications for the reconstruction of the alley north
of Valley Boulevard, east of Rio Hondo Avenue. Presently the alley drains onto private
property. As part of the alley reconstruction project, a storm drain lateral will be extended
from Valley Boulevard to the east end of the alley in order to allow for the construction of a
catch basin to provide an adequate drainage outlet. This dedication will allow for the
construction of the storm drain lateral in a dedicated storm drain easement.
RECOMMENDATION
It is recommended that the City Council accept the attached document and direct the City
Clerk to record the deed together with the certification of acceptance.
Attachments
COUNCIL AGES=FDA
NOV 0 g 2004
ITEP7 FAI0. _e6-74
COPY
RECORDING REQUESTED BY:
City of Rosemead
WHEN RECORDED MAIL TO
CITY CLERK
CITY OF ROSEMEAD
8838 E. VALLEY BOULEVARD
ROSEMEAD, CA 91770
Recording Fee: Exempt Space above this line for Recorder's use
(Government Code Section 27383)
Documentary Transfer Tax: Exempt Assessors Parcel No. 8592-008-043 All
(Revenue and Taxation Code Section 11922) Portion
GRANT OF EASEMENT
For valuable consideration, receipt of which is hereby acknowledged,
MERWYN C. GILL, AS TRUSTEE OF THE GILL FAMILY TRUST
UNDER DECLARATION TRUST DATED APRIL 9, 1989, AS AMENDED ("Owner")
Do(es) hereby grant to the City of Rosemead (the "City") an easement for the purpose
of the construction, repair, maintenance and replacement of a storm drain by the City,
at its sole cost and expense and all uses incident thereto, in, upon, over and across
the real property located in the City of El Monte, County of Los Angeles, State of
California (the "Easement Area"), described as:
See Attached Legal Description and Map
Exhibits "A" and "B"
The City shall indemnify, defend and hold Owner harmless from any and all
costs, claims or liabilities arising from: (a) the City's ingress to, egress from and
occupation of the Easement Area; (b) the construction, repair, maintenance and
replacement of any and all materials and equipment to be placed within the Easement
Area and any area incidental thereto for the purposes of the construction
maintenance, repair and/or replacement of the storm drain; (c) any accident, incident,
injury or damage how so ever and by whom so ever caused, to any person or
property occurring in or about Easement Area as a result of the. construction, repair,
maintenance, replacement malfunction and/or existence of the storm drain placed
within the Easement Area by the City, its agents, representatives, contractors, or
subcontractors (the "City Parties"); (d) the conduct of the City Parties or anything
done or permitted by the City Parties to be done in or about the Easement Area,
including, but not limited to any contamination of the Easement Area resulting from
the presence or use of Hazardous Materials caused or permitted by the City Parities;
(e) any breach or default in the performance of the City's obligations under this Grant
of Easement; (f) other acts or omissions of the City Parties or (g) any and all claims,
costs and/or damages suffered by any tenant of Owner as a result of the failure of the
City's storm drain, which failure results in the flooding of Owner's real property. The
City shall defend the Owner of any such costs, claims or liabilities at the City's
expense with counsel reasonably acceptable to the Owner or, at the Owner's
election, the City shall reimburse the Owner for any legal fees or costs incurred by the
Owner in connection with any such claim. As a material part of the consideration to
the Owner, at the Owner's election, the City shall reimburse the Owner for any legal
fees or costs incurred by the Owner in connection with any such claim. As a material
part of the consideration to the Owner, the City assumes all risks of damage to the
Easement Area and the surrounding property owned by Owner and/or the M.C. Gill
Corporation, a California corporation, or entry to persons in or about said properties
arising from any cause, and the City hereby waives all claims in respect thereof
against Owner, except for any claim arising out of the Owner's gross negligence or
willful misconduct. As used herein, the term "Hazardous Material" means any
hazardous or toxic substance, material or waste which is or becomes regulated by
any local governmental authority, the State of California or the United States
Government.
Within ten (10) days following completion of the initial construction work, or
any repair, maintenance or replacement work thereafter, the City shall (a) remove the
City's construction equipment and materials from the Easement Area and (b) restore
the Easement Area to the condition it was in on the date and at the time of the
execution of this Grant of Easement. This restoration work shall include, but not be
limited to, the repair or replacement of any and all landscaping, curbs, sidewalks,
fences, walls, sprinkler systems, signs, utility installations, pavement, structures,
driveways or other improvements on the Easement Area that belong to Owner and
that are removed, damaged or destroyed by the City or the City Parties.
The easement granted in this Grant of Easement is not exclusive. Owner
retains the right to make any use of the Easement Area, including the right to grant
concurrent easements, in the Easement Area to third parties, so long as such use does
not interfere unreasonably with the City's free use and enjoyment of the Easement
Area for the purposes specifically delineated herein.
If any legal action or proceeding arising out of or relating to this Grant of
Easement is brought by either party to this Agreement, the prevailing party shall be
entitled to receive from the other party, in addition to any other relief that may be
granted, the actual attorneys' fees, costs and expenses incurred in the action
proceeded by the prevailing party. Notwithstanding the foregoing, the City shall also
reimburse the Owner for all attorneys' fees, costs and expenses incurred by Owner in
the review, negotiation and preparation of this Grant of Easement.
This Grant of Easement constitutes the entire agreement between the City and
the Owner relating to the City's use of the Easement Area. Any prior agreements,
promises, negotiations or representations not expressly set forth in this are of, no
force and effect. Any amendment to this Grant of Easement shall be of no force and
effect unless it is in writing and signed by the Owner.
This Grant of Easement shall be binding on and shall inure to the benefit of the
heirs, executors, administrators, successors and assigns of the Owner.
THE GILL FAMILY TRUST UNDER
DECLARATION OF TRUST DATED
APRIL 9, 1989, AS AMENDED
~ P, U
C. Mill, T
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
Date: ~ v Z7-0 +
~i 50.'1
On OctoberaZ 2004, before me, Ohl? I-~}IEIE , a Notary Public in and
for said County and State, personally appeared Merwyn C. Gill, personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument, and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the
instrument the person, or the entity upon behalf of which the person acted, executed
the instrument.
WITNESS my hand and official seal.
-CHRISTINE PETERSON
[SEAL] Comm. 11.413328 r^
N WIAPY MILIC-CAINORNIA N
Orange County
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Signature of Notary
GAD0CS\M\MCGC0RP\12821 R-Easement\EasementGrant002.doc
EXHIBIT "A"
LEGAL DESCRIPTION
STORM DRAIN EASEMENT
That portion of the westerly 10.00 feet of Parcel 2 of Parcel Map No. 372, in.the City of El
Monte, County of Los Angeles, State of California, as per map filed in Book 132 Pages 37 and
38 of Parcel Maps, in the Office of the County Recorder of said County, bounded as follows:
Southerly by the southerly line of said Parcel 2; _
Northerly by the westerly prolongation of the northerly line of that certain 20 foot wide alley
lying northerly of Valley Boulevard and as shown on map of Tract No. 9411, as recorded in
Book 127 Page:72 of Maps, in the Office of the County Recorder of said County.
As shown on Exhibit "B" attached hereto and by this reference made a part hereof
Prepared under my supervision:
d d . Ate- 1-6-0Y
David O. Knell PLS 5301 Date
C1wpdoc Vosemead\delmarstoimdrain.doc
January 6, 2004
INDICATES EASEMENT
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