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HomeMy WebLinkAbout08 GR OF EASEMENT TO AT&T 12-04-07AGENDA REPORT MEETING DATE: DECEMBER 4, 2007 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: GRANT OF EASEMENT TO AT & T AT MAIN STREET WATER FACILITY SUMMARY AT & T has requested an easement on public property at the City's Main Street Water Facility at 275 Main Street to relocate two utility cabinets currently located within the sidewalk area on Main Street. The existing AT & T cabinets are located directly in front of the newly planned Tustin Library building. In exchange for the proposed easement AT & T has agreed to quit claim two existing easements to the City on the new Library property that would conflict with the location of the new Library building. RECOMMENDATION It is recommended that the City Council grant an easement to AT & T at the City's Main Street Water Facility for relocation of the utility cabinets on Main Street adjacent to the new Tustin Library property FISCAL IMPACT There is no fiscal impact to the City with this action BACKGROUND The City Council recently awarded a construction contract for the new Tustin Library. It is anticipated that a contractor will begin construction in January 2008, shortly after the first of the year. As part of the construction, the existing sidewalk on Main Street adjacent to the Library will be replaced, and the driveway currently serving the existing Library will be relocated westerly to serve the new Library. The construction also includes the removal. and relocation of utility cabinets within the sidewalk to areas where they will be less conspicuous. AT &T currently has two cabinets on Main Street adjacent to the new Library property. City staff has worked with AT & T to relocate these to the landscaped area behind the sidewalk on Main Street at the City's Main Street Water Facility. Also, AT & T has two easements on the new library property running east-west across the property that will conflict with the building location. They have agreed to quit claim these easements to the City as part of the cabinet relocation effort. Grant of Easement to AT &T at Main Street Water Facility December 4, 2007 Page 2 A copy of the proposed AT & T easement is attached for information, and the location of the easement is shown in Exhibit "B" of the easement documents. The City Attorney has reviewed and approved the easement documents as to form. Tim D. Serlet Director of Public Works/City Engineer Doug Anderson Transportation & Development Services Manager Attachment: Proposed Easement Location Proposed Easement Documents S\City Council\2007\Grant Easement to AT&T at Main St. Water Facillity.doc LOCATION MAP GRANT OF EASEMENT CITY'S MAIN STREET WATER FACILITY 275 MAIN STREET TUSTIN TUSTIN LEGACY NO SCALE LOT 1 LOT 2 LOT 3 ~ rn EASEMENT LOCATION CITY'S MAIN STREET WATER FACILITY 275 MAIN STREET MAIN STREET FILE: Gant of Easement.dwg Recording Requested By: CITY CLERK CITY OF TUSTIN 300 Centennial Way Tustin, CA 92780 And When Recorded Mail to: Same as Above S.B.E./APN 401-593-OS Tract 2187, Lot 1 LE(26)6186186 E060720/8084 Space above this line for recorder's use Free Recording Requested G.C. §§ 6103 & 27383 No Documentary Transfer Tax pursuant to Rev. & Tax. Code § 11922 Deputy City Clerk GRANT OF EASEMENT FOR COMMUNICATION FACILITIES GRANT OF EASEMENT FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, the City of Tustin, a municipal corporation ("Grantor"), hereby grants to Pacific Bell Telephone Company, a California corporation ("Grantee"), its successors and assigns, subject to the terms and conditions below, non-exclusive easement for access and surface use to establish, construct, repair, operate, and maintain for all time such underground communication facilities as Grantee(s) may from time to time require, including ingress and egress for said purposes in, over, under, upon 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 underground communication facilities consist of wires, cables, conduits, pipes, manholes, handholes, service boxes, aboveground markers, risers, service pedestals, underground and aboveground switches, fuses, terminals, terminal equipment cabinets, transformers with associated concrete pads, associated electrical conductors, necessary fixtures and appurtenances necessary to any and all thereof (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 precise location of the Improvements is to be approved by the Grantor. 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 fifteen (15) 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. If Grantor plants any tree, plant or shrub on, along, or adjacent to the Easement Area, which has the effect of interfering with Grantee's use of the Easement Area as described herein, Grantor shall remove such tree, plant or shrub at Grantor's expense upon written notification by 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. 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. 552982. 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. 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. GRANTOR: CITY OF TUSTIN By Lou Bone, Mayor APPROVED AS TO FORM: Douglas Holland, City Attorney ATTEST: Pamela Stoker, City Clerk DATED: PACIFIC BELL TELEPHONE COMPANY BY: Janet Lyons Janet Lyons Right of Way / Manager Print Name and Title CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On October 30, 2007 before me, Scott Ruffolo - Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Janet Lyons Name(s) of Signer(s) X personally known to me ^ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand official seal. Signature Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Grant of Easement Document Date: OCT 30 , 2007 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Janet Lyons ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney-in-Fact ^ Trustee ^ Guardian or Conservator X Other: Manager - AT&T California dba Pacific Bell Signer Is Representing: ®1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder. Call Toll-Free 1-800-876-6827 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On _____________, 20__, before me, __________________ personally appeared _______________, personally known to me (or proven to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument on behalf of _____________________ and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature (SEAL) EXHIBIT "A" A PORTION OF LAND LYING LOT ` 1' WITHIN THE CITY OF TUSTIN, AS SHOWN ON TRACT MAP No. 2187, COUNTY OF ORANGE, RECORDED IN BOOK 105, PAGES 37 AND 38, INCLUSIVE, OF TRACT MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, STATE OF CALIFORNIA, SAID PORTION OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF PREBLE DRIVE AND MAIN STREET; THENCE WEST ALONG SAID CENTERLINE OF SAID MAIN STREET, A DISTANCE OF 136.89 FEET; THENCE NORTH, A DISTANCE OF 40.00 FEET TO THE NORTHERLY RIGHT OF WAY OF SAID MAIN STREET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE WEST ALONG SAID NORTHERLY RIGHT OF WAY OF SAID MAIN STREET, A DISTANCE OF 17.00 FEET; THENCE NORTH, A DISTANCE OF 11.00 FEET; THENCE EAST, A DISTANCE OF 17.00 FEET; THENCE SOUTH, A DISTANCE OF 11.00 FEET TO SAID NORTHERLY RIGHT OF WAY OF SAID MAIN STREET, SAID POINT BEING THE TRUE POINT OF BEGINNING. SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. CONTAINING 187 SQUARE FEET (0.004 ACRES) MORE OR LESS. ~- -l~P r `b/ J~,~ ~ ~b~ ~ OQ~ ~ ~ J O ~ Z ~ {~ ~ ti. g> ~o o ~, ,~~, ~~~~ ~ N N M„05,00. '1S 318 M N ~ M . t' ~ ~ ~ O~ ~ ~ Z~ O ~ U Q ' 1 /~ ~ / ~ ~ - -~ ~ \ ~ _ _ i r ~~ ~ j o \ ~ \ / ~, ~ H O J o~ ~) M H W I i - 40.00' / ~ -NORTH _ I ~ `~ \~- ¢ H Q WI ~ W w 0 w ~ ~' _Z Q i i o~ ~ I M II Z '- t;.i U