HomeMy WebLinkAbout04 APPROVE A REVISION TO THE 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• Agenda Item
AGENDA REPORT Reviewed: —�
City Manager
Finance Director / A
MEETING DATE: APRIL 17, 2018
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: APPROVE A REVISION TO THE 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
On March 7, 2018, the Tustin City Council approved a grant of easement to the Southern California
Gas Company (Gas Co.) for a gas line to be provided in the City owned portion of Flight Way (Parcel
2) which delivers gas service to the Flight office campus at Tustin Legacy. After providing the
executed grant of easement to the Gas Co. for recordation, a request to modify the routing of the gas
line was made by the Gas Co., which consisted of providing a 90 degree turn in lieu of the 45 degree
turn identified on the legal description accompanying the easement.
Recordation of the grant of easement and installation of the gas line are on hold pending approval of
a revised legal description (attached) by the City Council. Staff is also requesting that the City
Council delegate authority to the City Manager to make any future revisions to the easement that may
be requested by the Gas Co. until such time that the gas facilities have been completed.
RECOMMENDATION
It is recommended that the City Council authorize the Mayor and City Clerk to execute a revised 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; and authorize the City Manager to approve any future modifications to the proposed grant of
easement which may be necessary to meet the intent of providing gas service to the Flight project.
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.
Revised Grant of Easement to the Gas Company over portions of Flight Way (Phase 2)
April 17, 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 revised easement document is attached for information, and the location of
the easement is shown on Exhibit "B" of the document.
)tack, P.E.
ublic Works/City Engineer
Attachment(s):
1. Revised 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., ML SC722K
Pico Rivera, California 90660-5100
Attn.: Land & Right of Way
4;w
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 full 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 property 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
Reviewed by Legal Dept. Michelle Meghrouni 3/5/13
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 the 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:
I 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 05037'20" East 10.51 feet;
24
25 Thence South 52'16'37" East 399.86 feet;
26
27 Thence North 37042'30" East 14.05 feet;
28
29 Thence South 52°16'41" East 243.22 feet;
30
31 Thence South 52'17'14" 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: 7,675 Square Feet or 0.18 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 1 AN o
51
52V4��'efptd..;=. 03/20/2018 THOMAS E. �
53 omas E. Verloop, L.S. 8 Date VERLOOP
54 � L5.5348
55 Michael Baker International (P ��-
56 5 Hutton Centre Drive, Suite 500 �' 4
57 Santa Ana, California 92707 Op cad
58 PN 163349
59 He\pdata\l48280\Admin\Surveying Geomatics\Gas Lgl\SoCal Gas Lgl Phase Idocm
Page 2 of 2
150 75 0 150
SCALE:1"=150'
SE'LY LINE
LEGEND
P.O.C.— POINT OF COMMENCEMENT
T.P.O.B, — TRUE POINT OF BEGINNING
P.O.T. — POINT OF TERMINATION
PARCEL 2
PARCEL MAP N0. 2015-168
P.M.B. 388/26-27
S 0 0 1' 20,+E
1
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 N40040'19"E
EXHIBIT "Bn
&XM TOAs CWMYA
LEG& DESCMP" FOR
90UTI•iEiihl MUFCRNIA W COWAWY EASBENT
CONTAINING 7,572 SQ. Fr. OR 0.17 ACRES+I-
FEBRUARY 27, 2018
.Lo
Mm
LAND
E.
O p
Z O
L. S. 5348
\oF
IN THE CITY OF TUSTIN
COUNTY OF ORANGE
STATE OF CALIFORNIA
PROJECTED SEC. 29,
T.5 S., R.9 W. S.B.M.
E'LY LINE
PARCEL 2
SHEET 1 OF 1 SHEETS
INTERNATIONAL
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
(949) 855-5711 � MBAKERINTLCOM
163349
1C
3rs�
8S"
m
S52°16'41"E
243.22'
P.O.T.
46 46'
E'LY LINE
PARCEL 2
SHEET 1 OF 1 SHEETS
INTERNATIONAL
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
(949) 855-5711 � MBAKERINTLCOM
163349