CC - Item 4D - Release Of Sewer Easement For Parcel Map 26446 7637-7641 Graves Ave50
TO: BILL CROWE, CITY MANAGER
FROM: KEN RUKAVINA, CITY ENGINEER
DATE: OCTOBER 2, 2002
RE: RELEASE OF SEWER EASEMENT FOR PARCEL MAP 26446
7637-7641 GRAVES AVENUE
A public sewer easement dedication was granted on the subject parcel map for sewer
purposes and accepted by the City Council on July 23, 2002. The original concept called
for a new sewer mainline to be constructed in the private driveway, extending to the sewer
mainline in Graves Avenue. All individual house laterals were to connect to this new sewer
mainline.
During the design and engineering phase, the developer's engineer discovered that an
existing publicly maintained sewer main lies along the far western edge of the subject
property. This sewer main provides an adequate outlet for all sewer house laterals
required for the project, thereby eliminating the need for the new sewer mainline in the
private driveway. Therefore, the sewer easement dedicated by the map is no longer
required. .
Attached is a Quitclaim of Easement that provides for the release of the City's interest in
the sewer easement that is no longer required. A Quitclaim is required as the parcel map
has already been recorded.
On July 9, 2002, the City Council approved an undertaking agreement forthe construction
of the public improvements. A cash deposit in lieu of bonds was made to guarantee
construction of the improvements. The bond amount can be reduced by $31,050, due to
elimination of the need to construct the sewer. This amount, with appropriate interest
applied, will be refunded the property owner. The remainder of the cash deposit ($10,950)
will be.retained to guarantee construction of the parkway improvements along Graves
Avenue as well as setting the survey monuments.
COUNCIL
OCT 0 8 2002
rr M No. 2~ • M-l
October 2, 2002
Page 2
RECOMMENDATION
It is recommended that City Council release the sewer easement, authorize the Mayorto
sign the Quitclaim document, authorized refunding a portion of the cash deposit in lieu
of bonds, plus interest, and direct the City Clerk to arrange for the recordation of the
Quitclaim of Easement.
Attachment
2002rsmd/staff rptlcity
RECORDING REQUESTED BY:
PETER M. JONG and BRENDA JONG,
WHEN RECORDED MAIL TO:
MR. PETER M. JONG
802 EAST MOONEY DRIVE,
MONTEREY PARK, CA 91754
QUITCLAIM OF EASEMENT
FOR NO CONSIDERATION,
THE CITY OF ROSEMEAD, a body corporate and politic,
does hereby remise, release and forever quitclaim to
PETER M. JONG and BRENDA JONG,
all its rights, title and interest in and to that certain easement for sanitary sewer purposes, as acquired by dedication
on the map of Parcel Map No. 26446, in the City of Rosemead, County Of Los Angeles, State of California, as per
map filed in Book 311, Pages 94 through 97, inclusive of Parcel Maps, in the office of the County Recorder of said
County, described as follows:
See legal description in Exhibit "A", attached hereto and by this reference made a part hereof.
Tax Parcel ID#5285-026-014, -024, -025.
State of California 1
County of Los Angeles S.S.
Grantor:
On this 2002, before me, City of Rosemead,
a Notary Public in and for said State, personally appeared
personally known to me (or proved to me on the basis of By.
satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that Title:
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
Witness My Hand
Signature
Notary Public in and for said State
My principal place of business is it
County.
My commission expires
EXHIBIT "A"
LEGAL DESCRIPTION:
THAT CERTAIN 10 FEET WIDE NON-EXCLUSIVE EASEMENT FOR SEWER
MAINLINE AND MAINTENANCE PURPOSES, DEDICATED TO THE CITY OF
ROSEMEAD, AS SHOWN ON THE MAP OF OF PARCEL MAP NO. 26446, IN THE
CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS
PER MAP FILED IN BOOK 311, PAGES 94 THROUGH 97, INCLUSIVE OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF PARCEL 3 OF SAID PARCEL
MAP, WHICH IS A POINT ON THE NORTHERLY SIDELINE OF GRAVES AVENUE,
70 FEET WIDE, AS SHOWN ON SAID MAP; THENCE ALONG THE EASTERLY LINE
OF SAID PARCEL 3, NORTH 0° 14'00" EAST 194.00 FEET TO AN ANGLE POINT OF
SAID PARCEL 3; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 3,
NORTH 89° 50'50" WEST 10.00 FEET TO A POINT ON A LINE WHICH IS PARALLEL
WITH AND DISTANT 10.00 FEET, MEASURED AT RIGHT ANGLES TO THE SAID
EASTERLY LINE OF SAID PARCEL 3; THENCE ALONG SAID PARALLEL LINE,
SOUTH 0° 14' 00" WEST 194.00 FEET TO A POINT ON SAID NORTHERLY
SIDELINE OF GRAVES AVENUE; THENCE ALONG SAID SIDELINE SOUTH 89° 50'
50" EAST 10.00 FEET TO THE POINT OF BEGINNING.
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INDICATES THE BOUNDARY OF
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CITY OF ROSEMEAD
UNDERTAKING AGREEMENT
Trt
THIS AGREEMENT made and entered this day of u N 201A, by and
between the CITY OF ROSEMEAD, State. of California, acting by and through its City
Council, hereinafter referred to as "CITY." and
O
or,j rpFx P!,69 CA 717 574,
hereinafter called the "CONTRACTOR."
W ITNESSETH:
FIRST: The CONTRACTOR, for and in consideration of the approval of the final
map of that certain land division known as Parcel Map 26446. hereby agrees, at the
CONTRACTOR'S own cost and expense to furnish all labor, materials,. and equipment
necessary to perform and complete, and with4Hwenty-four (24) months from the date of
filing of said map, to perform and complete in a good and timely manner, the following work,
to wit:
Drive approaches, curb and gutter, AC pavement, sidewalk, sewer mainline,
sewer laterals and survey monuments.
Said work shall be done to the satisfaction of the City Engineer and shall not be
deemed complete until approved and accepted as completed by.the City Council of the
CITY. The estimated cost to do all work and furnish all materials necessary to complete the
work is $28,000.
SECOND: The CITY shall not nor shall any officer or employee thereof, be liable or
responsible for any accident, loss, or damage happening or occurring to the work specified
in this agreement prior to the completion and approval of same; nor shall the CITY, nor any
officer or employee thereof, be liable for any persons or property injured by reason of the
nature of said work, or by reason of the acts or omissions of the CONTRACTOR, his agents,
or employees, in performances of said work. All of said liabilities shall be assumed by the
CONTRACTOR. The CONTRACTOR further agrees to protect and hold harmless the CITY,
its officers, and employees, in performance of said work. All of said liabilities shall be
assumed by the CONTRACTOR.
The CONTRACTOR further agrees to protect and hold harmless the CITY, its
officers, and employees, from any and all claims, demands, causes of action, liability, or loss
of any sort because of, or arising out of, the acts or omissions of the CONTRACTOR, his
agents, and employees, in the performance of this agreement, or arising out of the use of
any patent or patented article, in the perfbrmance of said agreement.
THIRD: The CONTRACTOR hereby grants to the CITY, the Surety upon any Bond,
and to the agents, employees, and CONTRACTOR or either of them, the irrevocable
permission to enter upon the lands of the subject land division for the purpose of completing
the work. This permission shall terminate in the event that the CONTRACTOR or the Surety
has completed the work within the time specified or any extension thereof granted by the
City Council.
FOURTH: It is further agreed that the CONTRACTOR shall have the control of the
ground reserved for the installation of said work, and the streets in which they are to be
placed, as is necessary to allow him to carry out this agreement.
FIFTH: Contemporaneously with the execution of this Agreement, CONTRACTOR
shall file with the CITY a Cash Deposit in an amount of Forty-Two Thousand Dollars
($42,000) to guarantee faithful performance of all the provisions of this agreement and for
the payment of all persons performing labor and furnishings materials in connection with this
agreement. If the Cash Deposit, in the. opinion of the CITY, becomes insufficient,
CONTRACTOR agrees to renew said Cash Deposit within ten days of receiving notice that
said Cash Deposit is insufficient.
SIXTH: If the CONTRACTOR neglects, refuses, or fails to prosecute the work with
such diligence as to ensure its completion within the time specified, or within such
extensions of said time as have been granted by the City Council, or if the CONTRACTOR
violates or neglects, refuses, or fails to perform satisfactorily any of the provisions of the
plans and specifications, he shall be in default of this agreement and notice in writing of
such default shall be served upon him and upon any Surety in connection with this contract.
The City Council shall have the power, on recommendation of the City Engineer, to
terminate all rights of the CONTRACTOR or his Surety then existing or which thereafter
occur because of such default. The determination by the City Engineer of the question as to
whether any of the terms of the contract or specifications have been violated, or have not
been performed satisfactorily, shall be conclusive upon the CONTRACTOR, his Surety, and
any and all other parties who may have any interest in the contract or any portion thereof.
The foregoing provisions of this section shall be in addition to all other rights and remedies
available to the CITY under law.
SEVENTH: In case suit is brought upon this contract, the CONTRACTOR hereby
agrees to pay to the CITY a reasonable attorneys fee to be fixed by the Court.
EIGHTH: It is further agreed by and between the parties hereto, including the Surety
or Sureties on any Bond attached to this contract, that in the event it is deemed necessary to
extend the time of completion of the work.contemplated to be done under this contract, said
i
extension may be granted by the City Council, either at its own option, or upon request of the
CONTRACTOR, and shall in no way affect the validity of this contract or release the Surety
of Sureties on any Bond attached hereto.
IN WITNESS THEREOF, the parties hereto for themselves, their heirs, executors,
administrators, successors, and assigns do hereby agree to the full performance of this
agreement and affix their names, titles, and seals this dayas above indicated.
4 LUONG VAN
- Commission • 1298093
Notary Public - California
Los Angeles County
My Cwm. Hires Mar22, 2005
By g2~~
By
(Seal)
Note:
SIGNATURES MUST BE ACKNOWLEDGED
BEFORE A NOTARY PUBLIC.
(ATTACH APPROPRIATE ACKNOWLEDGEMENTS)
B _ Qo
M or of the Ity o os ead
Attested .rx b~
City Clerk o he City of Rosemed
State of California )
County of Los Angeles ) SS.
On June 27, 2002, before me, the undersigned,.a Notary Public in and for said County and State
personally appeared Branda Jong proved to me on the basis of satisfactory evidence to be the
person whose name is subscribed to this instrument and acknowledged that she executed it.
Witness my hand and official seal.
WONG VAN AU
Commisslon! 1298007
S*CoffmF NotaryPublic - CafforNs
Las Angeles Couna .
Sig nature: ~eestr22.11115
Luong Van Au
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RECEIPT FOR PAYMENT
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Class Registation
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