HomeMy WebLinkAbout08 APPROVE GRRANT OF EASEMENT TO IRWD OVER PARCEL 2C IN TUSTIN LEGACY• Agenda Item 8
AGENDA REPORT Reviewed
City Manager
Finance Director N A
MEETING DATE: JUNE 3, 2014
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS /CITY ENGINEER
SUBJECT: APPROVE GRANT OF EASEMENT TO THE IRVINE RANCH WATER
DISTRICT OVER DISPOSITION PARCEL 2C IN TUSTIN LEGACY
SUMMARY
Construction of the ongoing Barranca Channel and Barranca Parkway Improvements Project includes
installation of onsite Irvine Ranch Water District (IRWD) sewer and recycled water pipeline facilities
across Disposition Parcel 2C. It is therefore necessary for the City of Tustin to grant a non - exclusive
easement to IRWD for sewer and recycled water pipelines 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 34, TTTT, J, and
K of TR 17404 for sewer and recycled water pipelines 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.
CORRELATION TO THE STRATEGIC PLAN
This agreement contributes to the fulfillment of two goals in the City's Strategic Plan. First is
contribution to the fulfillment of the City's Strategic Plan Goal A: Economic and Neighborhood
Development; specifically the project implementation of Strategy #1 which, among other items, is to
develop critical phases of Tustin Legacy. Secondly the project addresses Goal D, Strategy #2 by
working collaboratively with agencies to address issues of mutual interest and concern.
DISCUSSION/BACKGROUND
Construction of the ongoing Barranca Channel and Barranca Parkway Improvements Project includes
installation of onsite Irvine Ranch Water District (IRWD) sewer and recycled water pipeline facilities
within Disposition Parcel 2C. 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.
A copy of the proposed easement document is attached for information, and the location of the
easement is shown on Exhibit "B ". The City Attorney has reviewed and approved the easement
document as to form.
Stack, P.E.
Public Works /City Engineer
Attachment: Grant of Easement Document for sewer and recycled water facilities over Lots 34, TTTr, J, and K of TR 17404.
Recording Requested By:
CITY CLERK
CITY OF TUSTIN
300 Centennial Way
Tustin, CA 92780
And When Recorded Mail to:
Same as Above
APN: 430 - 271 -82 86, 67, 88 Space above this line for recorder's use
IRWD Doc. E Free Recording Requested G.C. §§ 6103 & 27383
No Documentary Transfer Tax pursuant to Rev. & Tax. Code § 11922
GRANT OF EASEMENT
GRANT OF EASEMENT
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 and recycled water pipelines 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 ").
TERMS AND CONDITIONS
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, 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.
7327292
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.
7327292
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)
7927292
GRANTOR:
CITY OF TUSTIN
Elwyn A. Murray, Mayor
AP-ROVED AS TO FORM:
David E. Kendig, City Attorn J
ATTEST:
Jeffrey C. Parker, City Clerk
GRANTEE:
IRVINE RANCH WATER DISTRICT
DATED:
Paul Cook, General Manager
732729.2
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On 20_, 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 person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is
true and correct.
WITNESS my hand and official seal.
Signature
(SEAL)
732729.2
IRVINE RANCH WATER DISTRICT
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by deed or grant dated
from CITY OF TUSTIN, a municipal corporation
to IRVINE RANCH WATER DISTRICT, a California Water District, is hereby accepted by the
undersigned officer on behalf of the Board of Directors pursuant to authority conferred by Resolution
1965 -36 of the Board of Directors, adopted on October 6, 1965, and the grantee consents to
recordation thereof by its duly authorized officer.
IRVINE RANCH WATER DISTRICT
By:
Leslie Bonkowski
Secretary to Board of Directors
732729.2
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EXHIBIT "A"
LEGAL DESCRIPTION
IRWD PIPELINE EASEMENT
WITHIN TRACT NO. 17404
That certain parcel of land situated in the City of Tustin, County of Orange, State of California,
being those portions of Lots "TTTT ", ".1 ". "K ", and 34 of Tract No. 17404 as shown on a map
thereof filed in Book 907, Pages 6 through 42 of Miscellaneous Maps in the Office of the County
Recorder of said Orange County, described as follows:
BEGINNING at the most westerly corner of said Lot "TTTT ", also being an angle point in the
general southwesterly boundary line of said Tract No. 17404; thence along said general
southwesterly boundary line through the following courses: South 49 °19'52" East 1196.19 feet;
thence North 84 °44'02" East 5.95 feet; thence North 40 °40'08" East 52.00 feet; thence leaving
said general southwesterly boundary line North 70 °16'31" West 114.77 feet to a Tine parallel
with and 15.25 feet northeasterly of said hereinabove described general southwesterly boundary
line having a bearing of South 49 °19'52" East; thence along said parallel line
North 49 °19'52" West 1093.14 feet to the northwesterly line of said Lot "'rrrr; thence along
said northwesterly line South 40 °40'19" West 15.25 feet to the POINT OF BEGINNING.
CONTAINING: 20,495 Square Feet, more or less.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record.
EXHIBIT "B" attached and by this reference made a part hereof.
1
4/21/2014
Kurt R. Troxell. L.S. 7854 Date
RBF Consulting
14725 Alton Parkway
Irvine, California 92618
Project No. 10107351/10104755
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CONTAINING: 20,495 SQ. FT.
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APRIL 22, 2014
J.N. 10- 107351/10-104755
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