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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 q&MV Cemm. EcpNn A0421,2007 'r CX IIZb~L~tl I~~ P 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 AREA f /a6 SCALE: 1"=100' 4 EXHIBIT "B" N /9C 9d I b . A bMl Bs h7 _m~~ EFP r x v 0 4 A! 9R ~5~1 ~w Aj ti y Y : !Od Nq 111 Dp .'ah H ~ a L9~y a , N N .Y ".oa. Q O a . O ~ a tl /re. EASY iST. Jp ~ y Y h h ~ t Y ' A 4 ti 4 O 14 0 ia. 0 z0 !aO l.J Ob0 4 o~ U, AA W N !0 0 40.90 I}7 ti b 60 6d /en.r~ uc VALLEY g BLVD. K &x'04'303' _ 8