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HomeMy WebLinkAbout09 APPROVE GRANT OF EASEMENT TO WICKLAND PIPELINES LLC OVER PORTIONS OF LOTS 2 & C OF TR 17144•Agenda AGENDA REPORT Reeeldm 9 v City Manager Finance Director A MEETING DATE: NOVEMBER 7, 2017 TO: JEFFREY C. PARKER, CITY MANAGER FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: APPROVE GRANT OF EASEMENT TO WICKLAND PIPELINES LLC OVER PORTIONS OF LOTS 2 AND C OF TR 17144 SUMMARY Wickland Pipelines LLC (Wickland) is requesting a non-exclusive easement from the City of Tustin for the purpose of connecting the John Wayne Airport Jet Fuel Pipeline cathodic protection system to a power access point owned and operated by the Southern California Edison Company (SCE). RECOMMENDATION It is recommended that the City Council grant an easement to Wickland over portions of lots 2 and C of TR 17144 as shown on the attached easement document exhibits for electrical facilities 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 three 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. Secondly, the project addresses Goal D, Strategy #2, by working collaboratively with agencies to address issues of mutual interest and concern. Lastly, the easement addresses Goal B, Strategy # 3 to ensure public safety and protection of assets through continuous maintenance and improvement of public facilities. DISCUSSION/BACKGROUND Wickland is constructing an approximately 5 -mile long 12 -inch CPUC regulated common carrier jet fuel pipeline connecting John Wayne Airport to an existing 16 -inch products pipeline operated by Kinder Morgan Energy Partners (Kinder Morgan). The project provides airline companies operating at John Wayne Airport with an enhanced jet fuel storage and transportation system. When the project is completed, the pipeline will be protected from corrosion by both fusion bond epoxy coating and a cathodic protection system. The cathodic protection system requires an electrical connection to operate and has been installed beneath ground level at the intersection of Red Hill Avenue and Warner Avenue in the public right-of-way subject to the terms of the approved Franchise Agreement. However, an electrical conduit/connection easement approximately 106 feet long running under/across the Warner Avenue landscape setback area, not covered by the Franchise Agreement, is required to access the nearest existing SCE handhole and supply electricity to the cathodic protection equipment. Wickland requires an easement to be granted to them for access and maintenance purposes of this system. Grant of Easement to Wickland Pipelines LLC Over Portions of Lots 2 and C of TR 17144 November 7, 2017 Page 2 A copy of the proposed easement document is attached for information, and the location of the easement areas are shown on Exhibit "B" of the document. All documents have been reviewed and approved as -to -form by the City Attorney's Office. fTiffi/M Douglas S Stack, P.E. Dire for Public Works/City Engineer Attachment: 1. Grant of Easement Document to Wickland Pipelines LLC Over Portions of Lots 2 and C of TR 17144 SACity Council Items\2017 Council Items\11-07-2017\Grant of Easement to Wickland\Approve Grant of Easement to Wickland Pipelines LLC Over Portions of Lots 2 and C of TR 17144.docx Recording Requested By: CITY CLERK CITY OF TUSTIN 300 Centennial Way Tustin, CA 92780 And When Recorded Mail to: Same as Above 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 GRANT OF EASEMENT GRANT OF EASEMENT City Clerk The City of Tustin, a municipal corporation ("Grantor"), hereby grants to Wickland Pipelines, LLC , a California limited liability company ("Grantee"), its successors and assigns, subject to the terms and conditions below, a non-exclusive easement and right of way to construct, use, maintain, operate, alter, add to, repair , replace, reconstruct, inspect and remove at any time and from time to time an underground electrical line consisting of wires, underground conduits, cables, vaults, manholes, handholes, and. including above -ground enclosures, markers and concrete pads and other equipment to be installed in the easement area necessary for distributing electrical energy to the cathodic protection system protecting the John Wayne Airport Jet Fuel Pipeline, a portion of which is located in Red Hill Avenue pursuant to Tustin City Ordinance 1459, 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 facilities shall hereinafter be referred to as the "Improvements"). TERMS AND CONDITIONS I. This grant of non-exclusive easement is made for the sole object and purpose of constructing and maintaining the Improvements on the Easement Area. 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�E`asement 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 1274185.1 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. Grantee shall use its best efforts to minimize alteration, removal, or damage to any improvements, landscaping, natural terrain and natural vegetation in the Easement Area in connection with Grantee's exercise of the rights herein granted, and Grantee shall, at Grantee's expense and to the reasonable satisfaction of Grantor, replace or otherwise restore any improvements, landscaping, natural terrain and natural vegetation in the Easement Area, that do not interfere with Grantee's use and enjoyment of the Easement Area, which are altered, removed, or damaged as a result of or in connection with Grantee's exercise of the rights herein granted and/or Grantee's negligence or willful misconduct. 7. Grantee shall promptly complete the repair and/or replacement, at Grantee's expense, of the roadways, streets, backfill, curbs, gutters, sidewalks, and other roadway appurtenances that are damaged by Grantee as •a result of or in connection with Grantee's exercise of the rights herein granted and/or Grantee's negligence or willful misconduct. 8. 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. 9. Grantee may, at Grantee's expense and subject to prior written approval by Grantor, 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. 10. Grantee may, at its sole cost, receive commercial electricity service from a utility provider, and an electrical service utility may, at Grantee's expense and subject to prior written approval by Grantor, 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, 1274185.1 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. 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. Upon termination of this Grant of Easement, Grantee shall, at Grantee's expense, furnish Grantor a good and sufficient quitclaim deed of all rights, title, and interest herein granted and shall promptly restore the Easement Area to substantially the same condition as existing prior to the execution of this Grant of Easement. Should Grantee abandon the easement hereby created, then the easement rights granted hereunder shall lapse and revert to Grantor, its successors and assigns. Such abandonment shall be conclusively presumed following non-use of the Easement Area by Grantee for a period of one (1) year and with use not being resumed within sixty (60) days following receipt of written notice of abandonment (sent certified, return -receipt - requested) from Grantor to Grantee. On such abandonment, and upon Grantor's request, Grantee shall execute any and all necessary documents to evidence such abandonment. If Grantee fails to execute such documents within thirty (30) days after receipt, Grantor is hereby authorized, as Grantee's attorney-in-fact, to execute all necessary documents evidencing such abandonment on behalf of Grantee. 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. [Signatures on Next Page] 1274185.1 ...e o m_ •-a- u DAVID KENDIG City Attorney ATTEST: ERICA N. RABE City Clerk DATED: + .O / A 1274185.1 UY43:71 CITY OF TUSTIN DR. ALLAN BERNSTEIN Mayor GRANTEE: WICKLAND PIPELINES, LLC By: DANIEL E. HALL Assistant Manager 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 i County of i. � tm On W:' btr efore me, I a 61tif r JNJ /) (here insert name and title of the officer personally appeared who proved to me on the basis of satisfactory evidence to be the personXwhose name(es))axe-subscribed to the within instrument and acknowledged to me that /she/threy executed the same in i/ferh�ir authorized capacity(ies'r, and that y �s herr4tt-eir--s-ignature(s) on the instrument the personal, or the entity upon behalf of which the person) acts, 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 f,� 't G A VMMSR COMM. #2134022 a Notary Public . California Sacramento County r Conor. Nw. 16 2019 (Seal) 0tidal Inf r: mation Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: representing: Tit] e(s) Name(s) of Person(s) or Entity(ies) Signer is Representing Method of Signer Identification Proved to me on the basis of satisfactory evidence: 0 form(s) of identification O credible witness(es) Notarial event is detailed in notaryjournal on: Page # Entry # Notary contact: Other ❑ AdditionalSigner(s) ❑ Signer(s)Thumbprint(s) El O Copyright 2007-2015 Notary Rotary, Inc. PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. SHEET 1 OF 2 EASEMENT ►Iw THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING THOSE PORTIONS OF LOTS 2 AND "C" OF TRACT NO. 17144 AS SHOWN ON A MAP THEREOF FILED IN BOOK 906, PAGES 5 THROUGH 14 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, LYING WITHIN A STRIP OF LAND, 3.00 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF RED HILL AVENUE AND WARNER AVENUE AS DEPICTED ON SAID TRACT NO. 17144; THENCE ALONG SAID CENTERLINE OF RED HILL AVENUE SOUTH 40°37'53" WEST 69.17 FEET TO A LINE PARALLEL WITH SAID CENTERLINE OF WARNER AVENUE; THENCE ALONG SAID PARALLEL LINE SOUTH 49°22'21" EAST 110.03 FEET TO THE NORTHWESTERLY BOUNDARY OF SAID TRACT NO. 17144, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 44°51'33" EAST 105.73 FEET TO THE POINT OF TERMINUS. THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED SO AS TO TERMINATE NORTHWESTERLY IN SAID NORTHWESTERLY LINE OF TRACT NO. 17144. CONTAINING: 317 SQ. FT. MORE OR LESS. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS--OF—WAY AND EASEMENTS OF RECORD. EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECT SUPERVISION. 10/13/2017 DAVID T. ROSELL r P.L.S. 6281 f No. 6281 ✓/�'ZF�CAL`FQ�`�� (APN 4-30-271-36) (APN 430-271-51)