HomeMy WebLinkAbout07 APPROVE CONSENT TO COMMON USE AGREEMENT NO. 102711-1 WITH CALTRANS FOR STORM DRAIN EASEMENT 017 0 Agenda Item 7
-t , AGENDA REPORT Reviewed
els a - 44. City Manager
UST% Finance Director N/A
MEETING DATE: OCTOBER 20, 2015
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: APPROVE CONSENT TO COMMON USE AGREEMENT NO. 102711-1 WITH
CALTRANS FOR STORM DRAIN EASEMENT WITHIN CALTRANS RIGHT OF
WAY AT JAMBOREE ROAD AND INTERSTATE 5
SUMMARY
Staff is recommending that the City Council approve Consent to Common Use Agreement No.
102711-1 with the California Department of Transportation (Caltrans) for a City of Tustin storm
drain easement within Caltrans right of way on the west side of Jamboree Road adjacent to
Jamboree Road and the northbound Interstate 5 onramp.
RECOMMENDATION
It is recommended that the City Council approve Consent to Common Use Agreement (CCUA) No.
102711-1 with the California Department of Transportation and authorize the Mayor and the City
Clerk to execute the CCUA on behalf of the City.
FISCAL IMPACT
There is no fiscal impact associated with this item.
CORRELATION TO THE STRATEGIC PLAN
The approval of the Consent to Common Use Agreement contributes to the fulfillment of the City's
Strategic Plan Goal G: Strong Community and Regional Relationships. Specifically, this approval
implements Strategy #2, which encourages working collaboratively with agencies outside Tustin on
issues of mutual interest and concern to the parties.
DISCUSSION AND BACKGROUND
In April 2014, the City of Irvine completed construction of roadway widening improvements of
Jamboree Road at Interstate 5 (1-5). Improvements at the northbound 1-5 onramp require the
dedication of an additional thirteen (13) feet of right-of-way by The Irvine Company, owners of the
adjacent commercial property, to the California Department of Transportation (Caltrans) along the
westerly side of the onramp. The City of Tustin possesses a forty (40) foot wide storm drain
easement within The Irvine Company's property and entirely over the portion being conveyed to
Caltrans.
Caltrans requires that the City of Tustin and the State enter into a Consent to Common Use
Agreement (CCUA), whereby the City consents to the construction, maintenance, and use by the
State of a highway over, along and upon the City's easement in the Area of Common Use and the
State acknowledges the City's title to its easement. The CCUA perpetuates the City's easement
rights and ensures that the City's utility use is compatible with highway traffic safety. The CCUA is
to be recorded at the time the property is conveyed to the State.
CCUA with Caltrans
October 20, 2015
Page 2
It is recommended that the City Council approve Consent to Common Use Agreement No. 102711-
1 with Caltrans for a City of Tustin storm drain easement within Caltrans right of way on the west
side of Jamboree Road adjacent to Jamboree Road and the northbound 1-5 onramp.
' Y
•ou. ,.s Stack, P.E.
Dirr c or . Public Works / City Engineer
Attachment: Consent to Common Use Agreement No. 102711-1
Recording Requested by
Department of Transportation
When recorded mail to:
State of California,Dept. of Transportation
Att: Right of Way Titles and Escrow
3347 Michelson Dr., Suite 100
Irvine,CA,92612-8894
This office is exempt from filing fees under Government Code 6103&27333. No tax due for Revenue&Taxation Code 11922
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION Space above this line for Recorder's Use
CONSENT TO COMMON USE AGREEMENT
12 Ora 5 27.6
Dist Co Rte PM
C.C.U.A. NO. 102711-I
THIS AGREEMENT, entered into this day of , 20 , by and between the CITY OF
TUSTIN, a California municipal corporation, hereinafter called"City,"and the STATE OF
CALIFORNIA, acting by and through its Department of Transportation, hereinafter called "State."
WITNESSETH
WHEREAS, City is in possession of certain rights of way and easements, hereinafter referred to as
"City's casement,"and described as follows:
That certain easement granted pursuant to the document recorded January 20, 1988, instrument no. 88-
028212 in the Official Records of Orange County, California ("Official Records"); and,
WHEREAS, State has acquired certain lands for highway purposes in the vicinity of the City of Tustin,
County of Orange on State Route 5, hereinafter referred to as "highway right of way," which said
highway right of way is subject to City's easement, and
WHEREAS, the highway right of way occupies a portion of City's easement and is subject to said
easement which said portion is hereinafter referred to as "Area of Common Use", and is described as
follows:
Said Area of Common Use is described on Exhibit"A" and delineated on Exhibit "B", both
attached hereto and by this reference made a part hereof.
NOW,THEREFORE, City and State hereby mutually agree as follows:
1. City hereby consents to the construction, reconstruction, maintenance and use by State of
a highway over, along and upon City's Easement in the Area of Common Use upon and
subject to the terms and conditions herein contained.
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Page 1 of4
C.C.U.A. NO. 102711-1
2. State acknowledges City's title to City's Easement in the Area of Common Use and the
priority of City's title over the title of State therein. City has and reserves the right and
easement to use, in common with the public's use of the highway, the Area of Common
Use for all of the purposes for which City's Easement was acquired, without need for any
further permit or permission from State. Except in emergencies, City shall give
reasonable notice to State before performing any work on City's facilities in the Area of
Common Use where such work will be performed in, on or over the traveled way or
improved shoulders of the highway or will obstruct traffic. In all cases, City shall make
adequate provision for the protection of the traveling public.
3. In the event that the future use of the highway right of way shall at any time or times
necessitate a rearrangement, relocation, reconstruction or removal of any of City's
facilities then existing in the Area of Common Use, State shall notify City in writing of
such necessity and agree to reimburse City on demand for its actual costs incurred in
complying with such notice. City will provide State with plans of its proposed
rearrangement, relocation, reconstruction or removal. City shall make adequate
•
provisions for the pfotection of the traveling public. No further permit or permission
from State for such rearrangement shall be required, and if such rearrangement shall
require the relocation of any of City's facilities outside of the Area of Common Use,
State will (1) enter into the standard form of Joint Use Agreement covering the new
location of City's easement within the highway right of way, (2) provide executed
document(s) granting to City a good and sufficient easement outside of the highway right
of way if necessary to replace City's easement or any part thereof, and (3)reimburse City
for any costs it may be required to expend to acquire such easement, provided that it is
mutually agreed in writing that City shall acquire such easement.
4. Except as expressly set forth herein, this Agreement shall not in any way alter, modify or
terminate any provision of City's Easement. Both State and City shall use the new
location in such a manner as not to interfere unreasonably with the rights of the other.
Nothing herein contained shall be construed as a release or waiver of any claim for
compensation or damages which City or State may now have or may hereafter acquire
resulting from the construction of additional facilities or the alteration of existing
facilities by either State or City in such a manner as to cause an unreasonable
interference with the use of the new location by the other party.
5. This Agreement shall inure to the benefit of and be binding upon the successors and
assigns of both parties.
COMMON USE AGREEMENT(Cont.)
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Page 2 of 4
C.C.U.A. NO. 102711-1
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate by
their respective officials thereunto duly authorized.
RECOMMENDED FOR APPROVAL: CITY OF TUSTIN, a California municipal
corporation
By: By:
Name: Charles E. Puckett
Title: Mayor of the City of Tustin
•
/ e/ ATTEST:
By: Altatder
'ame , 41s, ��' G By:
Tut- p, iy Pit/li wi cie j/ Erica N. Rabe
/f/6AI�� t68A- City Clerk of the City of Tustin
APPROVED AS TO FORM:
By:
David E. Kendig
City Attorney of the City of Tustin
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
Director of Transportation
By:
Attorney in Fact
Joe Canchola, Branch Chief
D-I2, Right of Way, Local Programs
COMMON USE AGREEMENT(Cont.)
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Page 3 of 4
C.C.U.A. NO. 102711-1
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of •
- )
On before me,
(insert name and title of the officer)
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 paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
COMMON USE AGREEMENT (Cont.)
RW 13-1
Page 4 of 4
C.C.U.A. NO. 102711-1
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of
On before me,
(insert name and title of the officer)
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 paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
COMMON USE AGREEMENT(Cont.)
RW 13-1
Page 5 of 4
EXHIBIT 'A'
LEGAL DESCRIPTION
PARCEL 102711-1
BEING A PORTION OF PARCEL 1 OF THAT CERTAIN LOT LINE ADJUSTMENT NO. 05-001,
IN THE CITY OF TUSTIN. COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED
FEBRUARY 1, 2006 AS INSTRUMENT NO. 2006000075104, OFFICIAL RECORDS OF SAID
COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF JAMBOREE ROAD AND EL
CAMINO REAL AS SHOWN ON PARCEL MAP NO. 93-204 FILED IN BOOK 291, PAGES 18
THROUGH 23, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY;
THENCE ALONG THE CENTERLINE OF JAMBOREE ROAD SOUTH 40°36'32" WEST, 84.02
FEET;
THENCE LEAVING SAID CENTERLINE NORTH 49°23'28" WEST, 77.00 'FEET TO THE
SOUTHERLY MOST CORNER OF THAT CERTAIN PARCEL DESCRIBED IN EASEMENT
DEED TO THE CITY OF TUSTIN RECORDED MARCH 22, 1996, AS INSTRUMENT NO.
19960141743 OFFICAL RECORDS OF SAID COUNTY;
THENCE ALONG THE NORTHWESTERLY RIGHT OF WAY LINE OF JAMBOREE ROAD AND
SOUTHEASTERLY LINE OF SAID PARCEL 1, SOUTH 40°36'32"WEST, 230.23 FEET TO THE
MOST NORTHERLY CORNER OF STATE PARCEL 101320-1 PER GRANT DEED
RECORDED SEPTEMBER 01, 1994 AS INSTRUMENT NO. 94-0538184 OF OFFICIAL
RECORDS OF SAID COUNTY SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG THE NORTHWESTERLY LINE OF JAMBOREE ROAD AND
SAID PARCEL 101320-1 SOUTH 40°36'32" WEST, 257.95 FEET TO AN ANGLE POINT
THEREIN;
THENCE LEAVING THE NORTHWESTERLY LINE OF SAID PARCEL 101320-1 AND
JAMBOREE ROAD AND ALONG THE NORTHWESTERLY LINE OF STATE PARCEL 72916
PER GRANT DEED RECORDED DECEMBER 28, 1989 AS INSTRUMENT NO. 89-702123
OFFICIAL RECORDS OF SAID COUNTY, THROUGH THE FOLLOWING COURSES;
SOUTH 45°31'56" WEST, 213.64 FEET TO THE BEGINNING OF A CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 500.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
12°10'23" AN ARC LENGTH OF 106.23 FEET;
THENCE LEAVING SAID RIGHT OF WAY NORTH 51°14'59" EAST, 30.92 FEET;
THENCE NORTH 45°32'23" EAST, 231.19 FEET TO THE INTERSECTION OF A LINE
PARALLEL WITH AND 90.00 FEET NORTHWESTERLY OF SAID CENTERLINE OF
JAMBOREE ROAD;
THENCE ALONG SAID PARALLEL LINE NORTH 40°36'32" EAST, 314.16 FEET;
THENCE SOUTH 49°23'28" EAST, 13.00 FEET TO THE TRUE POINT OF BEGINNING;
CONTAINS AN AREA OF 5,741 SQUARE FEET, MORE OR LESS.
PAGE 1 OF 2
V A-LD06
EXHIBIT 'A'
LEGAL DESCRIPTION
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT 'B' ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
THIS CONVEYANCE IS MADE FOR THE PURPOSE OF A FREEWAY AND THE GRANTOR
HEREBY RELEASES AND RELINQUISHES TO THE GRANTEE ANY AND ALL ABUTTERS
RIGHTS, INCLUDING ACCESS RIGHTS, APPURTENANT TO GRANTOR'S REMAINING
PROPERTY, IN AND TO SAID FREEWAY.
THE GRANTOR FURTHER UNDERSTANDS THAT THE PRESENT INTENTION OF THE .
GRANTEE IS TO CONSTRUCT AND MAINTAIN A PUBLIC HIGHWAY ON THE LANDS
HEREBY CONVEYED IN FEE AND THE GRANTOR, FOR ITSELF, ITS SUCCESSORS AND
ASSIGNS, HEREBY WAIVES ANY CLAIMS FOR ANY AND ALL DAMAGES TO GRANTOR'S
REMAINING PROPERTY CONTIGUOUS TO THE PROPERTY HEREBY CONVEYED BY
REASON OF THE LOCATION, CONSTRUCTION, LANDSCAPING OR MAINTENANCE OF
SAID HIGHWAY.
UNLESS OTHERWISE NOTED, ALL BEARINGS AND DISTANCES IN THIS DESCRIPTION
ARE GROUND. TO OBTAIN GRID DISTANCES, •MULTILY THE DISTANCES HEREIN BY •
0.99997820.
THIS DESCRIPTION HAS BEEN PREPARED BY ME DR UNDER MY DIRECTION AND DATED
THIS 74 DAY OF OCTOBER, 2010.
AND
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PAGE 2 OF 2
VA-LD06
NOTE: SEE PAGE 2 OF 2 FOR N
LINE, CURVE AND RADIAL 1
INFORMATION. R\W PER EASEMENT DEED NI
TO CITY OF TUSTIN PER i
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19960141743 O.R.
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RIGHT OF WAY LINE
CENTER LINE — DETAIL "A" sr9r �\P
LEGAL DESCRIPTION N.T.S. eOF CAL\EDR
BOUNDARY LINE
LOT LINE VA–LD06 AREA=5,741 S.F.
VA CONSULTING NC. REVISION DATE:
EXHIBIT 'B' PROJECT Na 9]}.01 0800
_ CIVIL ENGINEERS l ^ T
LAND SURVEYORS LAND PLANNERS Chi
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f DAT[: 10/26/10 t"=50'
TO ACCOMPANY LEGAL DESCRIPTION IN
PROJ MCR DOV PAGE
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'C 6100 OAC CANYON,SIVE BD THE CITY OF TUSTIN SURVEYOR: JOA
IRVINE, CA 92616 1919){7h1100 COUNTY OF ORANGE. STATE OF CALIFORNIA 2
DRAFTER: TCE
LINE TABLE
LINE BEARING LENGTH
Ll N49'23'28"W 87.00' I
L2 S4923'28"E 13.00'
L3 S45'31'56"W 213.64'
L4 N5114'59"E 30.92'
L5 N45'32'23"E 231.19'
L6 S40'36'32"W 84.02'
CURVE TABLE
CURVE LENGTH RADIUS DELTA
Cl 231.70' 500.00' 26'33'03"
C2 106.23' 500.00' 12'10'23" IA
RADIAL TABLE F��� 'SF /
RADIAL BEARING • o��1 /
R1 S32'17'41"E h"/ / /
PARCEL 1 Ne /
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LEGAL DESCRIPTION
BOUNDARY LINE
LOT LINE VA-LD06
VA CONSULTING INC. REVISION DATE:
EXHIBIT 'B' PRO.ECT No- 97101.0800
CIVIL ENGINEERS PLAT
A= LAND SLRVEYORS LAND PLANNERS DATE: t0/26/to 7'-50'
PROJATE NCR: 8/1 PACE
_. TO ACCOMPANY LEGAL DESCRIPTION IN 2
--� 6400 OAK CANYON.SIRE 150 1949)474-1400 THE CITY OF TUSTIN SURVEYOR: JOA
G/
IRVINE, CA 92618 COUNTY OF ORANGE, STATE OF CALIFORNIA DRAITER: IDE 2
Figure Name: Parcel A
North: 2209765.0859 East: 6092434.0920
Course: S 49-23-28 E Distance: 13.005
North: 2209756.6212 East: 6092443.9648
Course: S 40-36-32 W Distance: 257.945
North: 2209560.7969 East: 6092276.0704
Course: S 45-31-56 W Distance: 213.640
North: 2209411.1404 East: 6092123.6073
Arc Length: 106.231 Radius: 500.000 Delta: 12-10-23
Tangent: 53.316 Chord: 106.031 Ch Course: S 51-37-08 W
Course In: N 44-28-04 W Out: S 32-17-41 E
Ctr North: 2209767.9626 East: 6091773.3533
End North: 2209345.3065 East: 6092040.4896
Course:N 51-14-59 E Distance: 30.918
North: 2209364.6586 East: 6092064.6016
Course:N 45-32-23 E Distance: 231.186
North: 2209526.5847 East: 6092229.6075
Course: N 40-36-32 E Distance: 314,160
North: 2209765.0859 East: 6092434.0920
• Perimeter: 1167.085
Area: 5741.065 0.132 acres
Mathematical Closure-(Uses Survey Units)
Error of Closure: 0.0000 Course: S 90-00-00 E
Precision 1: 1167085065.54
I OF I
VA-LD06