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Resolution No. 1225RESOLUTION N0. 1225 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS VACATING CASA GRANDE CIRCLE, PARKWAY AND PUBLIC UTILITY EASEMENTS LOCATED NORTH OF SURREY DRIVE AND SOUTH OF LINCOLN AVENUE EXTENDING WESTERLY FROM DENNI STREET WHEREAS, Resolution No. 1220, declaring the intention of the City Council to order the vacation of Casa Grande Circle, Parkway and Public Utility Ease- ments located North of Surrey Drive and South of Lincoln Avenue extending westerly from Denni Street and elected to proceed under the Street Vacation Act of 1941 and Public Service Easement Vacation Laws, was adopted by the City Council of the City of Cypress on November 22, 1971, and WHEREAS, such Resolution was posted in the manner prescribed by law for the posting of Ordinances of the City of Cypress, and WHEREAS, Notices were posted pursuant to such Resolution and Section 8322 of the Streets and Highways Code of California and Section 50441 of the Government Code of California, and WHEREAS, a hearing of all persons interested in or objecting to the proposed vacation was held by the City Council of the City of Cypress on December 13, 1971. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY RESOLVE, DETERMINE, ORDER AND FIND AS FOLLOWS: SECTION 1. That, from all the evidence submitted, the certain street and other easements described herein and in said Resolution of Intention will be un- necessary for present or prospective public street purposes. SECTION 2. An agreement dated December 13, 1971 between the City of Cypress and the owners of the fee title to the parcels vacated by this resolution which agrees to reserve required public utility easements, grant access rights to the City of Cypress, and accept drainage water from City Streets is hereby included as Exhibit "A" of this resolution. SECTION 3. That certain street and other easements described in said Resolution of Intention and more particularly described below, are hereby ordered vacated: DESCRIPTION: Those portions of Casa Grande Circle, Parkway and Public Utility easements located North of Surrey Drive and South of Lincoln Avenue extending westerly from Denni Street, more particularly described as follows: That certain easement for roadway and public utility purposes described as Parcel No. 3 in a deed to the City of Cypress recorded December 23, 1970 in Book 9498, pages 947 and 948 of official records. That certain easements for parkway and public utility purposes described as Parcel No. 1 and Parcel No. 2 in a deed to the City of Cypress recorded December 23, 1970 in Book 9498, pages 942 and 943 of official records. That certain easement for parkway and public utility purposes as described in a deed to the City of Cypress recorded December 21, 1970 in Book 9495, Pages 949, 950 and 951 of official records. Reserving in, on, over and through the above described parcel (a) An easement for public utilities and drainage purposes together with rights of ingress and egress for maintenance and repairs of such facilities and (b) An easement for access of fire, police and other public emergency vehicles including but not limited to the right to regulate parking of vehicles and/or the prohibition of "double parking" so as to preserve such access. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting on the 13th day of December, 1971. ATTEST: /4/1/,./ /--;./t> CITY CLE OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS MAYOR OF THE CITY OF CYP I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the said City Council held on the 13th day of December, 1971, by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: o COUNCILMEN: o COUNCILMEN: Kanel, Kanode, Lacayo, Roberts and Harvey None None ////'77///./ /2'2/ CITY CLERK OF THE TY OF CYPRESS 1 AGREEMENT THIS AGREEMENT is made and entered into this 13th day of December 197 1, by and between CASA GRANDE APARTMENTS, a limited partnership, and CLOCK-LUSK, • limited partnership, all of whom are hereinafter referred to collectively as "Casa Grande", and the City of Cypress, a political corporation, hereinafter referred to as the "City". WHEREAS, John D. Lusk & Son, a California corporation, and Casa Grande Apart- ments, a limited partnership, granted an easement for roadway and public utility purposes to the City of Cypress on December 15, 1970, which deed was recorded on December 23, 1970 as Document No. 18653 in Book 9498 at page 947; and WHEREAS, the parties are desirous of vacating the easement for roadway purposes and the dedication of said roadway commonly known as Casa Grande Ci-c'e to the City of Cypress; and WHEREAS, the City of Cypress desires the right to allow the flow of drainage water to enter said Casa Grande Circle from Denni Street and to be held harmless from lia- bility therefrom. IT IS AGREED AS FOLLOWS: 1. The City of Cypress, subject to the approval of the City Council of said City, hereby agrees to vacate that certain easement for roadway and public utility purposes and to quitclaim all right, title and interest in and to said easements to Casa Grande Apartments, a limited partnership, and Clock -Lusk, a limited partnership, the respective interests of each to be designated by CASA GRANDE APARTMENTS.and CLOCK- LUSK; the legal description of said property is attached hereto, marked Exhibit "A" and made a part hereof. 2. In consideration for said vacation and the quit claim by the City, "Casa Grande" hereby agrees that the City of Cypress shall have the right to allow the flow of drainage water to enter said vacated easement from Denni Street in the City of Cypress and to flow onto said vacated easement. 3. It is hereby represented that "Casa Grande" is the owner of all of the real property having frontage on said Casa Grande Circle, the legal description of which is attached hereto, marked Exhibit "8" and made a part hereof. It is further represented that CASA GRANDE APARTMENTS is the owner of Parcel 1 of said Exhibit "S" and that CLOCK-LUSK is the Owner of Parcels 2 and 3 of said Exhibit "B". "Casa Grande" as owners of said property hereby agrees to release and hold the City of Cypress harmless from any future liability, claims, demands, causes of action or claims of any nature resulting from the flow of the above mentioned drainage waters from Denni Street onto the vacated easement described in Exhibit "A" and onto the property described in Exhibit "B", if any. 4. It is further agreed that the City shall retain all easements for public utilities already constructed together with Rights of Ingress and Egress for maint- enance and repairs of such facilities, and an easement for access of fire, police and other public emergency vehicles including but not limited to the right to regulate parking of vehicles and/or the prohibition of "double parking" so as to preserve such access; and that "Casa Grande" shall arrange for the transfer of respon- sibility for street lighting from the City to "Casa Grande". 5. "Casa Grande" further agrees to initiate the necessary procedures pursuant to Section 21107.7 of the California Vehicle Code to allow the Police Department of the City of Cypress the right of access for control and security purposes. IN WITNESS WHEREOF, the parties hereunto set their hand the day and year above written. CITY OF CYPRESS, a political corporation SCC Mayor -/ 6,/4,4. C y Manager CiVtY%Co ey CASA GRANDE APARTMENTS, a limited partnership By: JOHN D. LUSK & SON,01- a California corporation, (1' a General Partner „., 4'* By: E. G. WARMINGTON, a General Partner E. G. War,. ..ton CLOCK-LUSK a limited partnership By: JOHN D. LUSK & SONT,Fr {tj a Califotaia corporation, 1 Partner S'i 7 EXHIBIT "A" DESCRIPTION Parcels to bequit-claimed by City of .Cypress. In the City of Cypress, County of Orange, State of California. PARCEL 1: That certain easement for roadway and public utility purposes described as Parcel No. Sin a deed to the City of Cypress recorded December 23, 1970 in Book 9498, Page 947 and 948 of Official Records. PARCEL 2: That certain easement for parkway and public utility purposes described as Parcels No. 1 and 2 in a deed to the City of Cypress recorded December 23, 1970 in Book 9498, Pegs 942 and 943 of Official Records. PARCEL 3: That certain easement for parkway and public utility purposes: as describe, in a deed totillggCy of Cypress recorded December 21, 1970 in Book. 9495 Pages 949, 950, and 951 of Official Records. i EXHIBIT "B" DESCRIPTION Parcels having f;onta$u on Casa Grande Circle. In the City of Cypress, Orange County, California. PAtCfl 1: Parcel 1 as shown on Division of Land Ne. 36 of the City of Cypress recorded November 3, 1971 in look 9875, Pages 93 to 96 of Official Records. Mg2: Parcel 2 as shown on Division of Land No. 36 of the City of Cypress recorded November 3, 1971 in look 9875, Pages 93 to 96 of Official Records. malt Parcel 3 as shown on Division of Land No. 31 of the City of Cypress recorded December 1, 1920 in Rook. 9475, Pages 166 to 169 of Official Records.