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CC - 1974-78 - Transfer and Conveyance of Storm Drain No 1171RESOLUTION NO. 74-78 A RESOLUTION.OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD , CALIFORNIA, 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. 1171 , IN THE CITY OF ROSEMEAD FOR FUTURE OPERA- TION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZING THE TRANSFER AND CONVEYANCE THEREOF WHEREAS, there have been dedicated unto, or the City of Rosemead has otherwise acquired, the storm drain improvements known as Private Drain No. 1171 , described in Exhibit A, attached'hereto; and WHEREAS, the City of Rosemead is autho- rized and empowered to transfer and convey unto the Los Angeles County Flood Control District any storm drain 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 when- ever 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 • Rosemead 0 to the Los Angeles County Flood Control District for future operation, maintenance, repair and improvement. NOW, THEREFORE, BE IT RESOLVED that the City of Rosemead by and through its City Council does hereby request that the Los Angeles County Flood Control Dis- trict accept the transfer and conveyance to said Los Angeles County Flood Control District of the storm drain improvements and drainage system described in said Exhibit A. BE IT FURTF-TvR 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 Rosemead is directed and ordered to pre- pare 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 Rosemead , is authorized and instructed to execute said deed and other instruments and documents. District shall have no obliga- tion or responsibility to maintain said storm drain, improvements and drainage until all rights of way for said drain now vested in the City of Rosemead and all other necessary rights of way therefore have been conveyed to and accepted by 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 Rosemead shall defend the - 2 - a 6CGgounty of Los Angeles and the Los Angeles County Flood Control District and hold each of said agencies free and harmless from any liability created thereby. Reference is hereby made to District Drawing No. 14-F170.1 and .2 ; the plan and profile of said storm drain improvements and drainage system on file in the office of the City Engineer and on file in the office of the Chief Engineer of said District for further data as to the exact location, extent and description of said storm drain improvements and drainage system. The City Clerk shall certify to the adoption of this resolution. q Adopted and approved this day of J 19 7~- Ma"o of t'e City of semead I HEREBY CERTIFY that the above and foregoing resolution was adopted at a regular meeting of the City Council of the City of Rosemead held on the day of~' , 197. By the affirmative vote of at least four-fifths of the Councilmen, to wit: Ayes: Andersen, Pike, G. Taylor, P. Taylor, Trujillo Noes: None Absent: None -3- EXHIBIT A PRIVATE DRAIN NO. 1171 An 18-inch reinforced concrete pipe conduit and appurtenant structures in Parcel Map 2764, filed in Book 45, page 48 of Parcel Maps, records of the County of Los Angeles. The ease- ment for this drainage system was granted by Document 3698, recorded June 7, 1973. The system is described as follows: Commencing at a junction with Rubio Wash, thence northerly in a 10-foot easement terminating at a catch basin in Delta Avenue. All as shown on District Drawing No. 14-F170.1 and .2. 4 AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ROSbIEAD ) being first duly sworn, depo e a s y:. now, and at all-times herein mentioned was, the That f L of and for the City of.Rosemsa~,. County of Co~ Angeles, State ,oaf.. Cal ifnrnia, State_o'f/Cal ifornia, .that on the ~o day r,f p4n, - z,,,--4L, 19 77" , -7 posted a true and correct copy of a copy of which is attached hereto and made a part hereof; at each of the three public places specified in Section 2800 of the. Rosemead City Code, Fursuant to Section 35933 of the California- Government Code, there being no adjudicated newspaper of general circulation published and circulated in.the City of Rosemead, that said posting was completed on the day of A., and that a total number of copies by law of Said were so posted.. I DECLARE UNDER PENALTY OF PERJURY THAT THE FOR=G0ING IS TRUE- ANJ3 CORRECT. Executed on the. / day of rS~s-~- lIGe'-O~ ; 19 at Rosemead, County of Los Angeles, Stake j/of Cal ifornia.