HomeMy WebLinkAbout07 APPROVE GRANTS OF EASEMENT TO IRWDMEETING DATE: MARCH 19, 2013
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: APPROVE GRANTS OF EASEMENTS TO THE IRVINE RANCH WATER
DISTRICT OVER DISPOSITION PARCEL 1A IN TUSTIN LEGACY
SUMMARY
Construction of the ongoing Tustin Ranch Road Extension Project includes installation of onsite Irvine
Ranch Water District (IRWD) sewer and water pipeline facilities across Disposition Parcel 1A. It is
therefore necessary for the City of Tustin to grant non-exclusive easements to IRWD for sewer and
water pipeline and access purposes on this property.
RECOMMENDATION
It is recommended that the City Council:
Grant a non-exclusive easement to the Irvine Ranch Water District on Lots 21 and PPP of TR
17404 for sewer pipeline and access purposes, and authorize the Mayor and City Clerk to
execute the document on behalf of the City; and
2. Grant a non-exclusive easement to the Irvine Ranch Water District on Lots 20, NNN, and
PPP of TR 17404 for water pipeline and access purposes, and authorize the Mayor and City
Clerk to execute the document on behalf of the City.
FISCAL IMPACT
There is no fiscal impact associated with this item.
DISCUSSION /BACKGROUND
Construction of the ongoing Tustin Ranch Road Extension Project includes installation of onsite Irvine
Ranch Water District (IRWD) sewer and water pipeline facilities within Disposition Parcel 1A. The
property is owned by the City of Tustin. IRWD requires a non-exclusive easement to be granted to
them for access and maintenance purposes.
Copies of the proposed easement documents are attached for information, and the location of the
easements are shown on Exhibit "B" of each document. The City Attorney has reviewed and
approved the easement documents as to form.
Stack, P. E.
Public Works/City Engineer
1. Grant of Easement Document for sewer facilities over Lots 21 and PPP of TR 17404
2. Grant of Easement Document for water facilities over Lots 20, NNN, and PPP of TR 17404
S:\City Council ltems\2013 Council ltems\Approve Grants of Easements to IRWD for Disposition Parcel 1 A in Tustin Legacy.docx
13M
CITY CLERK
CITY OF TUSTIN
'y •
And When Recorded Mail to:
Same as Above
APN: 430-381-09 10, & 11 Space above this line for recorder's use
IRWD Doc. E1966 Free Recording Requested G.C. §§ 6103 & 27383
No Documentary Transfer Tax pursuant to Rev. & Tax. Code § 11922
Deputy City Clerk
FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, the City of Tustin,
a municipal corporation ("Grantor'), hereby grants to IRVINE RANCH WATER DISTRICT, a California
Water District organized under and existing pursuant to Section 34000 et seq. of the California Water
Code, ("Grantee its successors and assigns, subject to the terms and conditions below, non-
exclusive easement for sewer pipeline and access purposes. The easement shall include, but not by
way of limitation, the right to construct, reconstruct, remove and replace, renew, inspect, maintain,
repair, improve, and otherwise use the hereinafter described property for these purposes, together
with dental appurtenances and connections, and ingress and egress for said purposes in, over,
under, upon, along, through, and across the real property situated in the City of Tustin, County of
Orange, State of California, as described in Exhibit "A" and depicted on Exhibit "B attached hereto
and incorporated herein • reference (the "Property" • "Easement Area"). Said facilities shall consist
*f the originally installed facilities and any other replacements, renewals, repairs, and improvements
*f any of the foregoing (hereinafter referred to as "Improvements").
1 . This grant of non-exclusive easement is made for the sole object and purpose of
constructing and maintaining Improvements on the Easement Area, as described in Exhibit "A" and
depicted • Exhibit "B". Excluding the Improvements described herein, Grantee shall not construct,
place, maintain, or erect any additional or other building, structure, equipment, or facility of any nature
within the Easement Area without prior written approval from Grantor. The specific location of the
Improvements is to be approved by the Grantor.
732729.2
2. All Improvements constructed or placed within the Easement Area by Grantee shall be
operated and maintained at no cost to Grantor. Grantee shall maintain the Improvements in a good
repair and working order.
3. Grantor shall have the right to access, at its sole authority and discretion, the Easement
Area to inspect and/or perform maintenance to any municipal infrastructure located within or adjoining
the Easement Area. Except in an emergency, Grantor covenants and agrees to provide Grantee with
thirty (30) days prior written notice of the request to enter the Easement Area, which notice shall
contain reasonable information regarding the work to be performed and the anticipated duration of the
entry. Grantee agrees to cooperate and coordinate with Grantor to facilitate any entry on or within the
Easement Area. Except in an emergency, Grantor agrees to comply with any reasonable requests of
Grantee in connection with any entry within the Easement Area and to not unreasonably interfere with
Grantee's use therein.
4. In the event of an emergency situation, as determined by Grantor, in its sole discretion,
and in the reasonable exercise of the duty of Grantor to protect the public health, safety and welfare,
Grantor shall have the right to immediately enter the Easement Area. In such event, Grantor shall
have the right to perform any work on any municipal infrastructure either within or adjoining the
Easement Area. If Grantor enters the Easement Area pursuant to this section, Grantor shall provide
notice to Grantee as soon as possible and as reasonable under the circumstances. In connection with
any entry within the Easement Area pursuant to this section, Grantor covenants and agrees to
promptly restore the Easement Area to substantially the same condition as existing prior to the entry.
5. Prior to any modification or alteration of the Improvements within the Easement Area,
except for emergency maintenance activities, Grantee shall obtain the prior written consent of
Grantor, which consent, shall not be unreasonably withheld, but shall be subject to all applicable
governmental laws, rules, and regulations.
6. Grantor shall not plant any trees in said Easement Area without the prior written consent
of Grantee.
7. Grantee shall, at its sole cost, install landscaping to screen the Improvements
constructed and maintained within the Easement Area.
8. Grantee may trim trees, landscaping, or other foliage and may cut and/or remove tree
limbs and roots within the Easement Area for the protection of the Improvements.
9. Subject to Grantor's prior approval, Grantee may cut, fill, or otherwise change the
grading of the Easement Area, and may install drainage and retaining structures within the Easement
Area, for the protection of the Improvements. Use by the Grantor of the Easement Area for roadway
improvements, which do not result in cuts closer than three (3) feet above the top of Grantee's
Improvements or fills greater than two (2) feet above the existing ground may be made without
notification to or concurrence of Grantee. It is agreed, however, that no use of the Easement Area for
any other purposes shall be made by Grantor until plans for such proposed use by Grantor have been
reviewed with or submitted to Grantee, and Grantee has concurred that such proposed use will be
consistent with Grantee's use of the Improvements. If Grantee fails to provide objection in writing to
any such proposed use by the Grantor within ten (10) days after plans for the proposed use have
been submitted to Grantee, such proposed use shall be deemed concurred in by Grantee. Grantee
agrees that it shall not unreasonably withhold its concurrence.
732729,2
10. Grantee may, at its sole cost, receive commercial electricity service from a utility
provider, and an electrical service utility may install and maintain infrastructure necessary to provide
electrical service, within the Easement Area.
11. Grantee shall defend, indemnify, and hold harmless (with counsel reasonably
acceptable to Grantor) Grantor, its officers, officials, employees, agents, and representatives, from
and against any and all claims, demands, losses, liens, damages, costs, expenses, environmental
mitigation costs, penalties, fines or liabilities of any kind or nature (including actual attorneys' fees)
(collectively "Liabilities") which Grantor, its officers, officials, employees, agents, and representatives,
may sustain or incur or which may be imposed upon them for injury to or death of persons, or
damage to property (including injury or damage to Grantor's employees or damage to Grantor's
property) as a result of, or arising out of, any negligence or willful misconduct or omissions of
Grantee, its officers, directors, employees, agents, contractors, subcontractors, suppliers,
representatives, invitees, or licensees in connection with this Grant of Easement, except that this
obligation shall not include, to the extent it arises, from the negligence or willful misconduct of
Grantor, or its employees or representatives. Nothing herein shall be deemed to require Grantee to
indemnify or hold the Grantor, its officers, officials, employees, agents, or representatives harmless
from any Liabilities related to Grantor's exercise of its rights pursuant to exceptions and reservations
in favor of Grantor described in this Grant of Easement including but not limited to Sections 3 and 4.
12. This Grant of Easement shall terminate upon the earlier to occur of the following: (a)
there is a change in use of the Easement Area by Grantee for a use other than the use specifically
granted herein; (b) the Improvements are either relocated or removed; or (c) in the event Grantee
abandons the easement hereby granted.
13. Nothing contained herein will result in a forfeiture or reversion of Grantor's title to the
Easement Area in any respect. Grantor reserves all rights to the Easement Area not expressly
granted herein, including, but not limited to, the right to grant, license, or otherwise allow others the
non-exclusive rights in the use of the Easement Area. Without limiting the foregoing, Grantor
expressly reserves the public use of the surface area of the Property for all public purposes not
inconsistent with the Grantee's use, including but not limited to the existing and continued public use
of the surface area of the easement for park purposes.
14. All obligations and covenants made under this Grant of Easement shall bind and inure
to the benefit of any successors or assigns of the respective parties.
(signatures on next page)
7
32729,2
Attorney
Jeffrey C. Parker, City Clerk
7327292
CITY OF TUSTIN
Elwyn A. Murray, Mayor
F0103OW44
jI Cook, General Manager
On 1 1 520, before me, a Notary
Public in and for said State, personally appeared i who
proved to me on the basis of satisfactory evidence to be the persons) whose names) ,mare
subscribed to the within instrument and acknowledged- to me thatifiie'/she/they executed the same in
higAer/their authorized capaciti(iesL and that by bi�A�their signatures) on the instrument the
person, or the entity upon behalf of which the person (s�,acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws • the State of California that the foregoing is
true and correct.
Signature
73272),2
RMI-0
rl
w
This is to certify that the interest in real property conveyed by deed or grant dated—/ I L ��JL
f rom CITY OF TUSTIN, a municipal corporation
to IRVINE RANCH WATER DISTRICT, a California Water District, is hereby accepted by the
undersigned officer • behalf • the Board • Directors pursuant to authority conferred • Resolution
1965-36 of the Board of Directors, adopted on October 6, 1965, and the grantee consents to
recordation thereof • its duly authorized officer.
Date'.
2 3, 9 15
732729.2
IRVINE RANCH WATER DISTRICT
By:
Leslie Bonkowski
Secretary to Board of Directors
EXHIBIT "A"
LEGAL DESCRIPTION
TUSTIN RANCH ROAD IRWD SANITARY SEWER EASEMENT
In the City of Tustin, County of Orange, State of California, being that portion of Lots 21 and PPP
of Tract No. 17404, as shown on a map filed in Book 907, Pages 6 through 42, inclusive of
Miscellaneous Maps, in the office of the County Recorder of said County.
Being a strip of land 35.00 feet in width, lying southwesterly of the following described line:
BEGINNING at the northeasterly terminus of that certain line described as "North 40'37'31" East
155.58 feet" as shown on said map; thence along the southeasterly prolongation of the
southwesterly line of said Lot 20 and said southwesterly line thereof, North 49'22'29" west 268.56
feet to the easterly line of Lot 22 of said map, said point being the POINT OF TERMINUS.
The sidelines of said strip shall begin of the southeasterly line of said Lot 21 and end on the easterly
line of said Lot 22.
Containing an area of 8,671 square feet, more or less.
As shown on Exhibit "B" attached hereto and by this reference made a part hereof.
Paul I
Date:
`�- LAND
L.S. 7083
OF CAL\
August 28, 2012
WO No. 449-21
Page I of I
H&A Legal No. 7891
By: R. Beuschlein
Checked By: R. Wheeler
EXHIBIT "B"
Sketch to Accompany Legal Description
P.O.B.
NE'LY TERMINUS OF LINE
DESCRIBED AS
"N40*37'31"E 155.58 FEET"
PER TR. 17404, M.M. 907/6-42.
POINT OF TERMINUS
NW LY TERMINUS OF LINE
DESCRIBED AS
"N49022'29"W 258.56 FEET"
PER TR. 17404, M.M. 907/6-42.
N
'y
111-11,90
,9.
DETAIL "A"
N.T.S.
SW'LY LOT LINE OF LOT 20 PER
TR. 17404, M.M. 907/6-42
1�
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4
SEE DETAIL
"A" ABOVE
HUNSAKER & ASSOCIATES
I R V I N E , I N C . EXHIBIT
PLANNING ■ ENGINEERING ■ SURVEYING
Three Hughes - Irviv, CA 92618 - PH: (949) 583-1010 - FX (949) 583-0759 CITY OF TUSTINI, COUNTY OF ORANGE, STATE OF CAUFORNIA
DATE-' I REI — — — 'HEELER
08L28/12 776B7,—RBeuschlein R SCALE:
nLE: DATE Y. i %e W 1n= 60' W.O. 449-21
1: \TustinL.egacy\L.D\7891 \SHT01.dwg H&A LEGAL No. 7891 SHEET 1 OF 1
CITY CLERK
CITY OF TUSTIN
Same as Above
APN: 430-381-09, 10, & 11 Space above this line for recorder's use
IRWD Doc. E I JU Free Recording Requested G.C. §§ 6103 & 27383
No Documentary Transfer Tax pursuant to Rev. & Tax. Code § 11922
GRANT OF EASEMENT
FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, the City of Tustin,
a municipal corporation ("Grantor"), hereby grants to IRVINE RANCH WATER DISTRICT, a California
Water District organized under and existing pursuant to Section 34000 et seq. of the California Water
Code, ("Grantee"), its successors and assigns, subject to the terms and conditions below, non-
exclusive easement for water pipeline and access purposes. The easement shall include, but not by
way of limitation, the right to construct, reconstruct, remove and replace, renew, inspect, maintain,
repair, improve, and otherwise use the hereinafter described property for these purposes, together
with incidental appurtenances and connections, and ingress and egress for said purposes in, over,
under, upon, along, through, and across the real property situated in the City of Tustin, County of
Orange, State of California, as described in Exhibit "A" and depicted on Exhibit "B", attached hereto
and incorporated herein by reference (the "Property' or "Easement Area"). Said facilities shall consist
of the originally installed facilities and any other replacements, renewals, repairs, and improvements
of any of the foregoing (hereinafter referred to as "Improvements").
1. This grant of non-exclusive easement is made for the sole object and purpose of
constructing and maintaining Improvements on the Easement Area, as described in Exhibit "A" and
depicted on Exhibit "B". Excluding the Improvements described herein, Grantee shall not construct,
place, maintain, or erect any additional or other building, structure, equipment,
within the Easement Area without prior written approval from Grantor. The
Improvements is to be approved by the Grantor.
T327 2 1
1.
or facility of any nature
specific location of the
2. All Improvements constructed or placed within the Easement Area by Grantee shall be
operated and maintained at no cost to Grantor. Grantee shall maintain the Improvements in a good
repair and working order.
4. In the event of an emergency situation, as determined by Grantor, in its sole discretion,
and in the reasonable exercise of the duty of Grantor to protect the public health, safety and welfare,
Grantor shall have the right to immediately enter the Easement Area. In such event, Grantor shall
have the right to perform any work on any municipal infrastructure either within or adjoining the
Easement Area. If Grantor enters the Easement Area pursuant to this section, Grantor shall provide
notice to Grantee as soon as possible and as reasonable under the circumstances. In connection with
any entry within the Easement Area pursuant to this section, Grantor covenants and agrees to
promptly restore the Easement Area to substantially the same condition as existing prior to the entry.
5. Prior to any modification or alteration of the Improvements within the Easement Area,
except for emergency maintenance activities, Grantee shall obtain the prior written consent of
Grantor, which consent, shall not be unreasonably withheld, but shall be subject to all applicable
governmental laws, rules, and regulations.
6. Grantor shall not plant any trees in said Easement Area without the prior written consent
of Grantee.
7. Grantee shall, at its sole cost, install landscaping to screen the Improvements
constructed and maintained within the Easement Area.
8. Grantee may trim trees, landscaping, • other foliage and may cut and/or remove tree
limbs and roots within the Easement Area for the protection • the Improvements.
9. Subject to Grantor's prior approval, Grantee may cut, fill, • otherwise change the
grading • the Easement Area, and may install drainage and retaining structures within the Easement
Area, for the protection • the Improvements. Use • the Grantor • the Easement Area for roadway
improvements, which do not result in cuts closer than three (3) feet above the top of Grantee's
Improvements or fills greater than two (2) feet above the existing ground may be made without
notification to or concurrence of Grantee. It is agreed, however, that no use of the Easement Area for
any other purposes shall be made • Grantor until plans for such proposed use • Grantor have been
reviewed with or submitted to Grantee, and Grantee has concurred that such proposed use will be
consistent with Grantee's use
• the Improvements. If Grantee fails to provide objection in writing to
any such proposed use by the Grantor within ten (10) days after plans for the proposed use have
been submitted to Grantee, such proposed use shall be deemed concurred in by Grantee. Grantee
agrees that it shall not unreasonably withhold its concurrence.
732729,2
10. Grantee may, at its sole cost, receive commercial electricity service from a utility
provider, and an electrical service utility may install and maintain infrastructure necessary to provide
-lectrical service, within the Easement Area.
11. Grantee shall defend, indemnify, and hold harmless (with counsel reasonably
acceptable to Grantor) Grantor, its officers, officials, employees, agents, and representatives, from
and against any and all claims, demands, losses, liens, damages, costs, expenses, environmental
mitigation costs, penalties, fines or liabilities of any kind or nature (including actual attorneys' fees)
(collectively "Liabilities") which Grantor, its officers, officials, employees, agents, and representatives,
may sustain or incur or which may be imposed upon them for injury to or death of persons, or
damage to property (including injury or damage to Grantor's employees or damage to Grantor's
property) as a result of, or arising out of, any negligence or willful misconduct or omissions of
Grantee, its officers, directors, employees, agents, contractors, subcontractors, suppliers,
representatives, invitees, or licensees in connection with this Grant of Easement, except that this
obligation shall not include, to the extent it arises, from the negligence or willful misconduct of
Grantor, or its employees or representatives. Nothing herein shall be deemed to require Grantee to
indemnify or hold the Grantor, its officers, officials, employees, agents, or representatives harmless
from any Liabilities related to Grantor's exercise of its rights pursuant to exceptions and reservations
in favor of Grantor described in this Grant of Easement including but not limited to Sections 3 and 4.
12. This Grant of Easement shall terminate upon the earlier to occur of the following: (a)
there is a change in use of the Easement Area by Grantee for a use other than the use specifically
granted herein; (b) the Improvements are either relocated or removed; or (c) in the event Grantee
abandons the easement hereby granted.
13. Nothing contained herein will result in a forfeiture or reversion • Grantor's title to the
Easement Area in any respect. Grantor reserves all rights • the Easement Area not expressly
granted herein, including, but not limited to, the right to grant, license, or otherwise allow others the
non-exclusive rights in the use of the Easement Area. Without limiting the foregoing, Grantor
expressly reserves the public use • the surface area of the Property for all public purposes not
inconsistent with the Grantee's use, including but not limited to the existing and continued public use
of the surface area of the easement for park purposes.
14. All obligations and covenants made under this Grant of Easement shall bind and inure
to the benefit of any successors or assigns of the respective parties.
732729.2
ty Attorney
N"11=11110
Jeffrey C. Parker, City Clerk
CITY OF TUSTIN
Elwyn A. Murray, Mayor
IRVINE RANCH WATER DISTRICT
DATED: 1 v,
1 "Paul Cook, General Manager
�
732729.2
On -Y20 L, before me, a Notary
Public in and for said State, personally appeared who
proved to me on the basis of satisfactory evidence to be the perso6(s� whose names) r i *are-
subscribed to the within instrument and acknowledged to me thatfi,sheftey executed the same in
'6i�Vherftheir authorized capacity*"), and that by Ni-OTer/their signatures}, on the instrument the
persons), or the entity upon behalf of which the perso-6�(§) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is
true and correct.
Signature -7L. L u, A-
73-2729.2
Date:
N ?3, IfJjl/"
732729.2
IRVINE RANCH WATER DISTRICT
I
By: 4,
Leslie Bonkowski
Secretary to Board of Directors
EXHIBIT "A"
LEGAL DESCRIPTION
TUSTIN RANCH ROAD IRWD WATER EASETNIENT
In the City of Tustin, County of Orange, State of California, being that portion of Lots 20, NNN
and PPP of Tract No. 17404, as shown on a map filed in Book 907, Pages 6 through 42, inclusive of
Miscellaneous Maps, in the office of the County Recorder of said County.
Being a strip of land 15.00 feet in width, lying northeasterly of the following described line:
BEGINNING at the southwesterly terminus of that certain line described as "North 40'3731" East
10.60 feet" as shown on said map; thence along the southwesterly line of said Lot 20 North
49'22"419" West 269.56 feet to a point of intersection with the easterly line of said Lot 22; thence
along said easterly line and the northerly prolongation thereof North 09'18'25" West 108.14 feet;
thence North 47'26'59" West 14,28 feet to a point on the northwesterly line of said Lot NNN, said
point also being a point on the southeasterly line of Lot YYY of said map and the POINT OF
MRM
The sidelines of said strip shall begin of the southeasterly line of said Lot PPP, join at all angle
points and end on the northwesterly line of said Lot NNN.
Containing an area of 5,876 square feet, more or less.
As shown on Exhibit -B" attached hereto and by this reference made a part hereof.
Paul R. Huddleston Jr., L. S. No 7083
Date:/
�QDDt
L.& 7083
0" CAL
Revised: February 13, 2013
August 28, 2012
WO No. 449-21
Page I of I
H&A Legal No. 7887
By: R. Beuschleill
Checked By: R. Wheeler
EXHIBIT ,f :s
Sketch to Accompany Legal Description
R�
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DETAIL "A"
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SEE DETAIL
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