HomeMy WebLinkAbout04 APPROVE GRANT OF EASEMENT TO SOUTHERN CAL GAS CO. OVER FUTURE FLIGHT WAY (PRIVATE RD) SERVING THE FLIGHT OFFICE DEVELOMENT AT TUSTIN LEGACYnda
AGENDA REPORT Ree eweld m
City Manager *5Cf7
Finance Director NIA
MEETING DATE: MARCH 7, 2018
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: APPROVE A GRANT OF EASEMENT TO THE SOUTHERN CALIFORNIA
GAS COMPANY OVER A PORTION OF THE FUTURE FLIGHT WAY
(PRIVATE ROAD) SERVING THE FLIGHT OFFICE DEVELOPMENT AT
TUSTIN LEGACY
SUMMARY:
Ongoing construction of the Flight Phase 1 office campus at Tustin Legacy necessitates the provision
of an easement for gas service to the development. Gas service lines are to be provided within the
private road of Flight Way which traverses both Phase 1 and 2 of the Flight development. The owners
of Phase 1 will record of grant of easement to the Southern California Gas Company (Gas Co.) for
portions of the gas line within Phase 1; whereas the City of Tustin, being the owner of Phase 2, will
need to record a grant of easement to the Gas Co. within the Phase 2 portion of Flight Way for the
purposes of providing gas service to the Flight development.
Pursuant to the Disposition and Development Agreement (DDA) between Flight Venture, LLC (Flight
Developer) and the City of Tustin originally entered into on November 15, 2016, as amended, The Flight
Developer has the Option to purchase the Phase 2 property from the City. The proposed gas service
will benefit both Phase 1 and 2 of the Flight development regardless of whether or not the Flight
Developer exercises the Option to purchase Phase 2.
RECOMMENDATION:
It is recommended that the City Council authorize the Mayor and City Clerk to execute a grant of
easement to the Gas Co. over a portion of Parcel 2 of Parcel Map No. 2015-168 as shown on the
attached easement document exhibit for the purposes of installation and maintenance of gas facilities.
FISCAL IMPACT:
There is no fiscal impact associated with the proposed grant of easement.
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.
Grant of Easement to the Gas Company over portions of Flight Way (Phase 2)
March 7, 2018
Page 2 of 2
DISCUSSION/BACKGROUND:
The proposed grant of easement to the Gas Co. for the installation and maintenance of gas facilities is
a standard utility practice and beneficial to the development of the Flight office campus. As the current
property owner of Phase 2, it is necessary for the City to grant such an easement to allow for gas
service to Phase 1 as well as the future Phase 2 of the Flight development.
A copy of the proposed easement document is attached for information, and the location of the
easement is shown on Exhibit "B" of the document.
r
Dou 4 S/Stack, P.E.
Di cto f Public Works/City Engineer
Attachment(s):
1. Grant of Easement Document for Gas Company facilities over a portion of Parcel 2 of Parcel Map No. 2015-168
Recording Requested by and
when recorded mail to:
Southern California Gas Company
8101 Rosemead Blvd., MIL SC722K
Pico Rivera, California 90660-5100
Attn.: Land & Right of Way
Leak
Survey
Area: OC 682-3X
APN:
CPD#: 30097635
DISTRIBUTION R.W. 265011
DOCUMENTARY TRANSFER TAX $ CONVEYANCE OF EASEMENT (OIL AND GAS
LEASE) AND CONSIDERATION & VALUE IS LESS THAN $100. R&T 11911
Computed on fall value of property conveyed
Computed on full value less liens and encumbrances
remaining at time of sale
GRANT OF EASEMENT
Southern California Gas Company
FOR VALUABLE CONSIDERATION, THE CITY OF TUSTIN, a California municipal
corporation, ("Grantor"), hereby grants to Southern California Gas Company, a California
corporation, its successors and assigns ("Grantee"): A 10.00 foot in width permanent non-exclusive
easement ("Easement") to excavate for, lay, construct, reconstruct, relocate, reconfigure, use, inspect,
maintain, operate, repair, replace, patrol, change the size of, add to, or remove from time to time, as Grantee
deems necessary, one or more pipelines and conduits, together with devices for metering, measuring,
regulating, cathodic protection, communications and other appurtenances (all hereinafter referred to as the
"Facilities") for the transportation and distribution of natural gas and communications as Grantee deems
necessary, convenient or beneficial over, under, through, along, and for all other purposes connected
therewith, and together with the reasonable right of ingress and egress to and from the Easement to access
the Facilities and the right to use Grantor's abutting properly during construction and maintenance of the
Facilities, the strip of land located in the City of Tustin in the County of Orange, California, described in
Exhibit "A" and depicted in Exhibit "B" attached hereto, and made a part of this agreement.
Grantor, for its heirs, successors and assigns, agrees that, except as provided below, no change of grade of
the Easement shall be made, that it shall not be inundated, that it shall be kept free of trees, deep-rooted
shrubs, buildings and structures of all kinds (except for Grantee's Facilities), that nothing shall be done to
impair Grantee's vehicular access to or along the Easement, and that nothing shall be done that unreasonably
interferes with Grantee's use of the Easement.
Distribution Easement Form 1390
Grantee shall have the right, but not the duty, to trim or remove trees, brush, roots or material from the
Easement whenever Grantee deems it necessary. Said right shall not relieve Grantor of the duty as owner
to trim or remove trees, brush or material to prevent danger or hazard to property or persons.
Grantor reserves the right to (1) use any surface or subsurface areas, provided such use does not
unreasonably or substantially interfere with Grantee's use of the Easement; (2) improve the Easement area
surface with landscaping (except trees and deep-rooted shrubs), paved driveways, parking surfaces,
sidewalks, curbs and gutters; provided, however, that before making any such improvements involving a
change of grade, Grantor and its heirs, successors and assigns, shall notify the Grantee in advance and
comply with underground service alert notification requirements pursuant to Government Code Sections
4216 and following.
This Easement shall be binding upon and inure to the benefit of successors, heirs, and assigns of Grantor
and Grantee.
R.W. 265011
IN WITNESS WHEREOF, these presents are hereby signed this day of , 20_
GRANTOR: THE CITY OF TUSTIN, a California municipal corporation
Signature
Name
Title
Signature
Name
Title
ALL-PURPOSE 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 }
}ss
COUNTY OF I
On , 20� before me, , a Notary Public,
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(ties), 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.
(Seal)
Signature
Commission #:
Commission Expiration:
1 1 EXHIBIT "A"
2
3 LEGAL DESCRIPTION
4
5 SOUTHERN CALIFORNIA GAS COMPANY EASEMENT
6
7
8 That certain parcel of land situated in the City of Tustin, County of Orange, State of California,
9 being that portion of Parcel 2 of Parcel Map No. 2015-168 as shown on a map filed in Book 388,
10 Pages 26 and 27 of Parcel Maps in the Office of the County Recorder of said Orange County,
11 included within a strip of land 10.00 feet in width, the centerline of said strip being described as
12 follows:
13
14 COMMENCING at the easterly corner of Lot 8 OF Tract No. 18082 as shown on a map filed in
15 Book 969, Pages 12 through 16, inclusive, of Miscellaneous Maps in the Office of the County
16 Recorder of said Orange County;
17
18 Thence along the southeasterly line of said Lot 8 South 40'40'19" West 22.04 feet to the TRUE
19 POINT OF BEGINNING;
20
21 Thence leaving said southeasterly line_ South 53°29'26" East 35.98 feet;
22
23 Thence South 05°37'20" East 10.51 feet;
24
25 Thence South 52°16'37" East 375.54 feet;
26
27 Thence South 82'17'14" East 28.09 feet;
28
29 Thence South 52°16'41" East 243.22 feet;
30
31 Thence South 52017'14" East 63.85 feet to the POINT OF TERMINATION in the easterly line
32 of said Parcel 2, being also the westerly right of way line of Armstrong Avenue (46 foot half width)
33 as shown on said Parcel Map No. 2015-168.
34
35 The sidelines of said strip to be prolonged or shortened to terminate northwesterly in said
36 southeasterly line of Lot 8 and southeasterly in said easterly line of Parcel 2.
37
38 CONTAINING: 7,572 Square Feet or 0.17 Acres, more or less.
39
40
41 SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record.
42
43
44 EXHIBIT "B" attached and by this reference made a part hereof.
45
46
Page 1 of 2
Southern California Gas Company Easement
Exhibit "A"
47
48
49
50
51
52 ` 02/27/2018
53 Thomas E. Verloop, L.S. Date
54
55 Michael Baker International
56 5 Hutton Centre Drive, Suite 500
57 Santa Ana, California 92707
58 PN 163349
59 H:\pdata\148280\Admin\Surveying Geomatics\Gas Lgl\SoCal Gas Lgl Phase 2.docm
Page 2 of 2
THOMAS E. p
.r VERLOOP ';D
L.S. 5348
OF—C
150 75 0 150 LEGEND
P.O.C.— POINT OF COMMENCEMENT
T.P.O.B. — TRUE POINT OF BEGINNING
SCALE:1"=150' P.O.T. — POINT OF TERMINATION
BASIS OF BEARINGS:
BEARINGS SHOWN HEREON ARE
BASED ON THE SOUTHEASTERLY
LINE OF LOT 8 OF TRACT NO.
18082, M.M. 969/12-16
BEING N40°40'19"E
EXHIBIT "B"
SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR
SOUTHERN =FORMA GAS COMPANY EASEMENT
CONTAINNNG: 7,572 SQ. Fr. OR 0.17 ACRES +/ -
FEBRUARY 27, 2018
% LAND Sp9`
E. VFrl
Jl L.S. 5348` `
IN THE CITY OF TUSTIN
COUNTY OF ORANGE
STATE OF CALIFORNIA
PROJECTED SEC. 29,
T.5 S., R.9 W. S.B.M.
6' 146'
SHEET 1 OF 1 SHEETS
INTERNATIONAL
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
(949) 855-5711 • MBAKERINTL.COM
163349