HomeMy WebLinkAboutC.C. 09 LWR PETERS CYN 02-03-92CONSENT CALENDAR NO. 9
w. 2-3-92
AGENL;A,�-)
ATE
JANUARY 27, 1992
WILLIAM A. HUSTON, CITY MANAGER
F1,30T,1_ PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
LOWER PETERS CANYON RETARDING BASIN (P. W. FILE NO. 1132 )
RECOMMENDATION
That the Tustin City Council approve the granting of an easement to
the Orange County Flood Control District and authorize the Mayor to
execute an easement deed for the Lower Peters Canyon pipeline
facility on Lot 23, Tract No. 12870 and Lot 22, Tract No. 13627.
BACKGROUND
Lower Peters Canyon Retarding Basin was constructed by the City of
Tustin with the use of Assessment District No. 86-2 funds as part
of the flood control infrastructure improvements for the Tustin
Ranch development. These improvements consisted of an earthen dam
which provides a retarding basin approximately 16 acres in size and
a controlled flow outlet pipe from the basin to the open channel
(Peter's Canyon wash) at the northerly end of the Tustin Ranch Golf
Course.
The outlet pipe is located within a forty-six (46) foot wide
easement which is located within several lots of Tract No. 13627
and 12870. Lot 23 of Tract of No. 12870 and Lot 22 of Tract No.
13627 are designated park sites within the Tustin Ranch development
and both have been dedicated to the City for park purposes.
DISCUSSION
The retarding basin and outlet pipeline have been turned over to
the Orange County Flood Control District (O.C.F.C.D.) for ownership
and operation. As a part of the ownership and operation of the
outline pipeline, O.C.F.C.D. has required that an easement for the
pipeline be granted so that they will have access to the entire
pipeline and the right to maintain and operate the facility. The
required easement is partially located on Lot 23 of Tract 12870,
which is delineated on Exhibit A-2 of the attached easement deed
and on Lot 22 of Tract No. 13627 which is delineated on Exhibit B-2
of the attached easement deed. The City will have surface use of
these easements for park purposes which will not impact the
original intended use of each lot as a public park.
Staff requests that the City Council approve the granting of an
easement for the Orange County Flood Control District over portions
of Lot 23, Tract No. 12870 and Lot 22, Tract No. 13627 for flood
control purposes and authorize the Mayor to execute said easement
deed pertaining to the Peters Canyon Retarding Basin (F06B01) for
Parcels 201 and 202.
Robert S. Ledendecker
Director of Public Works/City Engineer
RSL:ktb:PETERSCYN
Recording requested by and )
when recorded return to: )
Orange County Flood Control )
District )
Post Office Box 4048 )
400 Civic Center Drive West )
Santa Ana, California 92702 )
(Space above for Recorder's use)
Facility: Peters Canyon Basin
Facility No.: F06BOl
Parcel Nos.: 201 and 202
Location: City of Tustin
EASEMENT DEED
For a valuable consideration, receipt of which is hereby
acknowledged, The City of Tustin, a Municipal corporation, and
the Orange County Flood Control District, a body corporate and
politic, agree as follows:
1. Grant of Easement.
The City of Tustin, a Municipal corporation ("Grantor"),
does hereby grant to the Orange County Flood Control District, a
body corporate and politic ("Grantee"), an easement in gross for
flood control purposes in, on and over the real property in the
City of Tustin, County of Orange, State of California, legally
described on Exhibit A-1, depicted on Exhibit A-2 and referred to
as Parcel 201;
TOGETHER WITH an easement in gross for storm drain and
appurtenant purposes in, on and over the real property in the
City of Tustin, County of Orange, State of California, legally
described on Exhibit B-1, depicted on Exhibit B-2 and referred to
as Parcel 202.
2. General Conditions. The following conditions apply to
Parcels 201 and 202 (the "Easement Area") unless otherwise
specified.
(a) Operation, Maintenance, Replacement and Repairs.
All operation, maintenance, replacement and repairs, whether
ordinary or extraordinary, capital or expense in nature, major or
minor, in the Easement Area shall be performed at Grantee's sole
121091 1 189112-01
cost and expense, except with regard to specific restrictions for
Parcel 202 stated in Section 2(b) below. All maintenance and
repairs shall be performed in such manner and at such intervals
as shall be required.
(b) Restrictions Within Parcel 202. The following
restrictions apply to the easement through Parcel 202:
(i) Except for curbs, paving and landscaping, no
buildings, permanent structures or additional earth fill will be
permitted within Parcel 202. In addition, no block walls or
fences creating a water barrier or otherwise unreasonably
hampering access for operation and maintenance across Parcel 202
will be permitted.
(ii) No construction shall be commenced within
Parcel 202 until the plans for such construction have first been
approved in writing by the Director of the Environmental
Management Agency, County of Orange (the "Director"). The
Grantee agrees that such plans shall be approved or disapproved
within a reasonable time following receipt thereof, and that
approval will not be withheld without good cause.
(iii) Any improvements which may be allowed shall be
operated and maintained at no cost to Grantee.
(iv) Grantor, or its successors or assigns, agree
to hold Grantee harmless from claims for damages and cost of
storm drain repair caused by Grantor's overloading of said storm
drain and shall reimburse Grantee for the costs of said storm
drain repair.
(v) Grantor agrees to hold Grantee harmless from
any claims for damage to Grantor's improvements within Parcel 202
resulting from the operation, maintenance, repair,
reconstruction, replacement or enlargement of the flood control
facilities constructed within Parcel 202 or from damage caused by
flood or overflow conditions, except to the extent caused by
Grantee's failure to maintain the storm drain facilities provided
under this Easement Deed.
(vi) In the event Grantee finds it necessary in the
future to enter on and disturb the surface or subsurface of
Parcel 202 in order to maintain, repair, reconstruct or enlarge
the flood control facilities, Grantee's only responsibility shall
be to restore any section of the flood control facilities
affected to the same load specifications as originally
constructed and to backfill with compacted earth to the grade of
the surrounding property following completion of Grantee's
activity. The responsibility for restoration of Grantor's
affected improvements within Parcel 202 shall be that of Grantor.
121091 2 189112-01
(vii) Except in an emergency found to exist by
Grantee's Director, if the Grantee intends to disturb the surface
of Parcel 202, then Grantee shall give Grantor not less than 60
days prior written notice specifying the date of such entry, the
duration thereof and the nature of the work to be performed by
Grantee. Grantee further agrees to use its best efforts to
minimize any inconvenience to Grantor or Grantor's adjoining
property and to minimize the period of time that the surface of
Parcel 202 will be disturbed.
(c) Liens. Grantee shall not suffer or permit to be
enforced against the Easement Area any mechanics, laborers,
materialmen's, contractors, subcontractors, or any other liens
arising from or any claims for damages growing out of any work of
construction or improvement initiated by Grantee, but Grantee
shall pay or cause to be paid all of said liens, claims and
demands before any action is brought to enforce the same against
the Easement Area; and Grantee hereby indemnifies and agrees to
hold Grantor and the Easement Area free and harmless from all
liability for any such liens, claims and demands, together with
all costs and expenses, and Grantor shall have the right at any
time and from time to time to post and maintain on the Easement
Area or any part thereof, such Notices of Nonresponsibility as
desired by Grantor or as may be provided by law. Notwithstanding
anything to the contrary contained in this paragraph, if Grantee
shall in good faith contest the validity of any such lien, claim
or demand, then Grantee shall, at its expense, defend itself and
Grantor against the same and shall pay and satisfy any adverse
judgment that may be rendered thereon before the enforcement
thereof against Grantee or the Easement Area, and if Grantor
shall require, Grantee shall furnish to Grantor a surety bond
satisfactory to Grantor in an amount equal to such contested
lien, claim or demand indemnifying Grantor against liability for
same, or, if Grantor shall request, Grantee shall procure and
record the bond provided for in the Civil Code of the State of
California, or any comparable statute hereafter enacted providing
for a bond freeing the Easement Area from the effect of such lien
or claim or action thereon.
(d) Insurance. Grantee shall, at all times during the
term of this Agreement and prior to any entry upon the Easement
Area, require that any contractor used by Grantee to operate,
repair, replace or maintain the improvements maintain a policy of
comprehensive general liability insurance by the terms of which
Grantor is indemnified against liability for damage or injury in
an amount not less than One Million Dollars ($1,000,000.00)
combined single limit bodily injury and property damage liability
per occurrence, or the actual limit of liability carried by such
contractor, whichever is greater, for the operations of such
contractor within the Easement Area and the acts of such
contractor and its representatives on or about the Easement
Area. Such liability insurance shall include automobile
121091 3 189112-01
liability, personal injury, products/completed operations and
broad -form property damage.
(e) Compatible Use of Easements by Grantor. The
easements granted herein are subject to the rights of Grantor or
its successors in interest to use the Easement Area for any
purposes which do not unreasonably interfere with or are not
inconsistent with Grantee's use of the Easement Area. Such uses
by Grantor shall include, but are not limited to, the compatible
use for roadways, pipelines, fences, walls, cuts, fills, horse
trails, bike trails or other compatible improvements or uses.
Provided, however:
(i) No such use for any other purposes shall be
made until plans for such proposed use by Grantor have been
provided to Grantee for Grantee's review and written approval.
(ii) No paralleling utilities shall be allowed in
Parcel 202 except if located in, under or over a public street or
highway.
(f) Indemnification of Grantor by Grantee. Grantor and
its officers and employees shall not be responsible for any
damage or liability arising from the performance or failure of
performance of any of the obligations of the Grantee under this
_ Easement Deed, including operation, maintenance, repair or
replacement of improvements in the Easement Area and use of the
Easement Area ("Obligations"). The Grantee shall indemnify,
defend, and hold Grantor harmless from any liability imposed for
injury (as defined by Government Code Section 810.8) arising from
the performance or failure of performance of any of the
Obligations of the Grantee under this Easement Deed except for
that resulting from Grantor's own negligence.
(g) Successors and Assigns. -The provisions of this
Easement shall bind and inure to the benefit of all successors
and assigns of Grantor and the permitted assigns of Grantee
(collectively "assignee"). Any assionee of an interest hereunder
shall automatically, as of the effective date of•the assignment,
(i) succeed to the rights herein granted and (ii) be deemed to
have assumed the obligations hereunder. No such assignment shall
be deemed to relieve Grantee of its obligations under this
Easement unless such release is in writing executed by both
121091 4 189112-01
parties hereto. Upon the request of either party hereto, any
assignee shall execute and acknowledge an instrument in
recordable form providing for the assumption of the obligations
of its assignor pursuant to this Easement.
(h) Incorporation of Attachments. All the attachments
to this Easement Deed are made a part hereof and incorporated
herein by reference.
Dated: THE CITY OF TUSTIN, a
municipal corporation
By•
Title:
ATTEST:
APPROVED AS TO FORM
James G. Rourke, City Attorney
City of Tustin
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On , 19 , before me, the undersigned, a
Notary Public in and for said County and State, personally
appeared , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the
persons who executed the within instrument
as , on behalf of the City of Tustin, a
municipal corporation, the municipal corporation herein named,
and acknowledged to me that such city -executed it.
WITNESS my hand and official seal.
Notary Public in and for said
County and State
121091 5 189112-01
EXHIBIT A-1
LEGAL DESCRIPTION FOR MAINTENANCE EASEMENT
An easement for maintenance purposes over that portion of Lot 23
of Tract No. 12870 .i n the City of Tustin, in the County of Orange,
State of California, as shown on a map filed in Book 601, pages 1
through 20, inclusive, of Miscellaneous Maps in the Office of the
County Recorder of said County, described as follows:
Beginning at the westerly corner of said lot; thence
N.62024'18"E. 40.00 feet; thence S.28033'00"E. 426.08 feet; thence
N.76006'03"E. 61.75 feet; thence S.28°33'00"E. 26.00 feet; thence
S.24026'00"W. 80.05 feet; thence N.46042'00"W. 114.99 feet; thence
N.28033'00"W. 407.29 feet to the Point of Beginning.
As more particularly shown on a map attached hereto and made a
part hereof.
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No. 5780
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J#os R. Til It U.S. 5780
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April 10, 1991
Page 1 of 1
W.O. 449-9
H & A Legal No. 3122
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EXHIBIT A-2
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EXHIBIT B-1
LEGAL DESCRIPTION FOR
STORM DRAIN PURPOSES
LOT 22
TRACT 13627
That portion of Lot 22 of Tract No. 13627 in the City of Tustin, in the County of
Orange, State of California as shown on a map filed in Book 644, pages 1 through 20,
inclusive, of Miscellaneous Maps in the office of the County Recorder of said County,
described as follows:
Beginning at the southwest corner of said lot, thence N.25030'00"E. 523.88 feet
along the northwesterly line of said lot; thence N.31 01 0'00"W. 33.51 feet along said
northwesterly line; thence leaving said northwesterly line, N.251030'00"E. 122.65 feet to
said northwesterly line; thence N.52055'00"E. 17.81 feet along said northwesterly line
to the beginning of a tangent curve concave northwesterly having a radius of 150.00
feet ; thence northeasterly 149.66 feet along said curve through a central angle of
57010'00" and along said northwesterly line; thence N.4°16001W. 10.64 feet along
said northwesterly line; thence leaving said northwesterly line, N.25°30'00"E. 143.13
feet to the northeasterly line of said lot; thence S.64°30'00"E. 46.00 feet along said
northeasterly line; thence leaving said northeasterly line, S.25030'00"W. 971.09 feet to
the southerly line of said lot; thence N.81 °37'00"W. 18.83 feet along said southerly line
to the Point of Beginning.
As more particularly shown on a map attached hereto and made a part hereof.
J s R. Gill, L.S. 5ftO
U66nse Expires: 6/30/92
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No. 5784 Q
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November 7, 1991
Page 1 of 1
W.O.449-10X
H & A Legal No. 3248
H. Foss
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STOfl�M DRAIN PURPOSES
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