HomeMy WebLinkAbout16 GRANT OF PERMANENT ACCESS EASEMENTAgenda Item 16
Reviewed:
AGENDA REPORT City Manager
Finance Director f/A
MEETING DATE: JULY 17, 2018
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: ECONOMIC DEVELOPMENT DEPARTMENT
SUBJECT: GRANT OF PERMANENT ACCESS EASEMENT
SUMMARY:
Approval is requested to execute a Grant of Permanent Access Easement for Mutual
Propane at 1021 Edinger Avenue and to accept Mutual Propane's Grant of Permanent
Access Easement for 1001 Edinger Avenue.
RECOMMENDATION:
The City Council authorize the following:
1. The City Manager to execute a Grant of Permanent Access Easement for Mutual
Propane at 1021 Edinger Avenue, subject to any non -substantive revisions as
approved by the City Attorney; and
2. The City Manager to accept a Grant of Permanent Access Easement from
Mutual Propane for 1001 Edinger Avenue, subject to any non -substantive
revisions as approved by the City Attorney.
FISCAL IMPACT:
There is no fiscal impact.
COORELATION TO THE STRATEGIC PLAN:
The Grant of Permanent Access Easements are consistent with Goal A — Economic and
Neighborhood Development.
BACKGROUND:
Mutual Propane owns the property at 1001 Edinger Avenue. The propane operation is
located at the back of the property and they are currently building a gas station on the
front of the property. The City owns the adjacent parcel at 1021 Edinger Avenue. Both
Agenda Report
July 17, 2018
Page 2
properties share a common driveway with an easement that allows vehicles to exit on
Mutual Propane property.
The current easement does not account for the entire drive aisle on City property that is
necessary for Mutual Propane customers to access Mutual Propane's services towards
the rear of their property. In addition, the current easement does not extend far enough
for vehicles exiting from the back of City property on the drive aisle that sits on Mutual
Propane property. It is necessary to provide an easement for both properties for
ingress and egress purposes that runs from Edinger Avenue to the back of each
property (See Exhibit A). Each Grant of Permanent Access Easement acknowledges
the necessity for vehicles entering and exiting the property to be provided with an
easement.
Staff is available for any questions the City Council may have.
et.,�
(JorhnBuchanan
Economic Development
Jerry Craig
Deputy Direct/of 2qn/bm)Development
Attachment: 1. Exhibit A - Site Map of 1001R-a-nd 1021 Edinger Avenue
2. Mutual Propane Grant of Permanent Access Easement for 1001
Edinger Avenue
3. City of Tustin Grant of Permanent Access Easement for 1021 Edinger
Avenue
a
Property Line
Mutual Propane Property
R
r:.
12 Foot Easement
' City of Tustin Property
12 Foot Easement
�_ _ti
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Tustin
Attention: City Clerk
300 Centennial Way
Tustin, CA 92780
With a copy to:
Mutual Liquid Gas and Equipment Co., Inc.
Attn: Geoff Moore, CEO/COB
17117 S. Broadway
SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO SECTIONS 6103 AND 27383 OF THE
CALIFORNIA GOVERNMENT CODE AND/OR SECTION 11922 OF THE REVENUE AND TAXATION CODE.
GRANT OF PERMANENT ACCESS EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
MUTUAL LIQUID GAS AND EQUIPMENT CO., INC., a California corporation ("Grantor"),
does hereby GRANT to the CITY OF TUSTIN, a municipal corporation ("Grantee"), a perpetual
non-exclusive permanent access easement in, over, along, through, and upon that certain real
property situated in the County of Orange, State of California, as more particularly described in
EXHIBIT "A" and depicted in EXHIBIT "B", both attached hereto and made a part hereof, and
incorporated herein, for the purpose of allowing Grantee, its invitees and the general public ingress,
egress and access to Parcel 4 (INS. No. 95-0016484, O.R.), depicted in EXHIBIT "B" ("Grantee
Parcel").
This Permanent Access Easement shall be binding on and shall inure to the benefit of
Grantor's and Grantee's successors and assigns and shall benefit the Grantee Parcel, and shall be
effective on the date of the recording of this instrument with the County of Orange.
IN WITNESS WHEREOF, this instrument is executed as of this day of
2018.
MUTUAL LIQUID GAS AND EQUIPMENT CO., INC.
a California corporation
Un
Geoff Moore, CEO/COB
WE
1330397.1
CERTIFICATE OF ACCEPTANCE
Pursuant to Government Code § 27281, this is to certify that the interest in real property conveyed
by the attached Grant of Permanent Access Easement dated July _, 2018 from Mutual Liquid Gas and
Equipment Co., Inc., is hereby accepted by the undersigned officer or agent on behalf of the City of Tustin
pursuant to authority conferred by the Tustin City Council on July 17, 2018, and the City Council consents
to the recordation thereof by its duly authorized officer.
Dated this day of , 2018.
Grantee
Jeffrey C. Parker, City Manager
on behalf of the City of Tustin
2
1330397.1
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 ORANGE
On , 2018, before me, , Notary
Public, personally appeared , who proved to me
on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf
of which the person 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)
1330397.1
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 ORANGE
On , 2018, before me, , Notary
Public, personally appeared , who proved to me
on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf
of which the person 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)
4
1330397.1
EXHIBIT "A"
Legal Description
1330397.1
EXHIBIT A
LEGAL DESCRIPTION FOR PERMANENT ACCESS EASEMENT
THE SOUTHEASTERLY 12.00 FEET OF PARCEL 1 OF LOT LINE ADJUSTMENT NO.
2017-01 IN THE CITY OF TUSTIN, COUNTY OF ORANGE, RECORDED SEPTEMBER
25, 2017 AS INSTRUMENT NUMBER 2017000405087, OFFICIAL RECORDS.
THE SIDELINES OF SAID STRIPS SHALL BE PROLONGED OR SHORTENED AS TO
BEGIN AT THE NORTHEASTERLY RIGHT-OF-WAY OF EDINGER AVENUE, AND
TERMINATE AT THE NORTHEASTERLY LINE OF PARCEL 1 OF SAID LOT LINE
ADJUSTMENT.
CONTAINING 3,330 SQUARE FEET MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND
MADE A PART HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS-
OF-WAY AND EASEMENTS OF RECORD, IF ANY.
TREVOR D. RICE, PLS NO. 8862
SIGNED: 07/10/18
EXHIBIT "B"
Map Depiction of Access Easement
1330397.1
EXHIBIT "B"
PLAT FOR PERMANENT ACCESS EASEMENT
TUSTIN, CALIFORNIA
ORANGE COUNTY TRANSPORTATION AUTHORITY
- --cam - - - - --
Ln
NN49°21'43"W 146.96' NMO 419 OIL L3
r N49°21'43"W 119.26'---/ PARCEL 1
1 LLA NO. 2017-01 L4
INS. NO. 2017000405087, O.R.
7t
/O
V, v
0 50
1" = 50' Q
v
Lo
Iw- .....
-
VOR D. RICE
P.L.S. 8862
CURVE DATA:
Cl — A=
02'15'12"
R =
1054.47'
L =
41.47'
C2 — A=
08'45'44"
R =
862.02'
L =
131.83'
C3 — A=
00'47'51"
R =
862.02'
L =
12.00'
LINE DATA:
L1 — N49°21'15"W 30.00'
L2 — N40'38'17"E 24.98'
L3 — S01'09'17"W 24.62'
L4 — N49°21'15"W 18.00'
0
Lo
� L1
U)
N
�I
4
N
—30.00'
—12.00'
LEGEND:
EXHIBIT "B"
D. WOOLLEY & ASSOCIATES
DATE: 07/10/18
ADDRESS: 1001 NEWPORT AVENUE
TUSTIN, CALIFORNIA
2832 WALNUT AVENUE, SUITE A
TUSTIN, CA 92780
30.00'
DRAWN BY: JDR
LLA — LOT LINE ADJUSTMENT
CLIENT: MUTUAL LIQUID GAS & EQUIPMENT CO., INC.
(714) 734-8462 FAX (714) 508-7521
12.00'
INS. — INSTRUMENT
NO. — NUMBER
O.R. — OFFICIAL RECORDS
Ld I
w
PROPERTY LINE
r-
— CENTERLINE00
00
RIGHT OF WAY
0
0
N39°47'48 "E
z
I
z
N39°21e 19" E RADIAL
1)
(RADIAL)
C3
C2
Cl N40°35'39"E w
L__
(RADIAL) ry
'�' N31 °49 55 E Q
QC2 (RADIAL)
N35°36'31 "E AVENUE
E
Cl (RADIAL) EDINGER _
SHEET 1
OF 1
SCALE: 1" = 50'
EXHIBIT "B"
D. WOOLLEY & ASSOCIATES
DATE: 07/10/18
ADDRESS: 1001 NEWPORT AVENUE
TUSTIN, CALIFORNIA
2832 WALNUT AVENUE, SUITE A
TUSTIN, CA 92780
FILE NO.
17002
DRAWN BY: JDR
CHKD. BY: TDR
CLIENT: MUTUAL LIQUID GAS & EQUIPMENT CO., INC.
(714) 734-8462 FAX (714) 508-7521
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Mutual Liquid Gas and Equipment Co., Inc.
Attn: Geoff Moore, CEO/COB
17117 S. Broadway
Gardena, CA 90248
With a copy to:
City of Tustin
Attention: City Clerk
300 Centennial Way
SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
GRANT OF PERMANENT ACCESS EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the
CITY OF TUSTIN, a municipal corporation, ("Grantor"), does hereby GRANT to MUTUAL
LIQUID GAS AND EQUIPMENT CO., INC., a California corporation ("Grantee"), a perpetual
non-exclusive permanent access easement in, over, along, through, and upon that certain real
property situated in the County of Orange, State of California, as more particularly described in
EXHIBIT "A" and depicted in EXHIBIT "B", both attached hereto and made a part hereof, and
incorporated herein, for the purpose of allowing Grantee, its invitees and the general public ingress,
egress and access to Parcel I (LLA No. 2017-01; INS. No. 2017000405087, O.R.), depicted in
EXHIBIT "B" ("Grantee Parcel").
This Permanent Access Easement shall be binding on and shall inure to the benefit of
Grantor's and Grantee's successors and assigns and shall benefit the Grantee Parcel, and shall be
effective on the date of the recording of this instrument with the County of Orange.
IN WITNESS WHEREOF, this instrument is executed as of this day of
2018.
CITY OF TUSTIN
a municipal corporation
C
Jeffrey C. Parker, City Manager
1330396.1
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 ORANGE
On , 2018, before me, , Notary
Public, personally appeared , who proved to me
on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf
of which the person 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)
2
1330396.1
EXHIBIT "A"
Legal Description
1330396.1
EXHIBIT A
LEGAL DESCRIPTION FOR PERMANENT ACCESS EASEMENT
THE NORTHWESTERLY 12.00 FEET OF PARCEL 4 OF CORPORATION GRANT DEED,
RECORDED JANUARY 13, 1995 AS INSTRUMENT NUMBER 95-0016484, OFFICIAL
RECORDS OF ORANGE COUNTY, CALIFORNIA. MORE PARTICULARLY DESCRIBED
AS:
THAT PORTION OF LOT 65 OF IRVINE'S SUBDIVISION, AS SHOWN ON A MAP FILED
IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA, INCLUDED WITHIN NEWPORT AVENUE AS VACATED BY
RESOLUTION OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, A
CERTIFIED COPY OF WHICH WAS RECORDED AUGUST 14, 1968 IN BOOK 8691,
PAGE 487 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.
THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED AS TO
BEGIN AT THE NORTHEASTERLY RIGHT-OF-WAY OF EDINGER AVENUE, AND
TERMINATE AT THE NORTHEASTERLY LINE OF PARCEL 1 OF SAID INSTRUMENT
NUMBER 95-0016484.
CONTAINING 3,480 SQUARE FEET MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND
MADE A PART HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS-
OF-WAY AND EASEMENTS OF RECORD, IF ANY.
Tf�EVOR D. RICE, PLS NO. 8862
SIGNED: 07/10/18
EXHIBIT "B"
Map Depiction of Access Easement
1330396.1
EXHIBIT "B"
PLAT FOR PERMANENT ACCESS EASEMENT
TUSTIN, CALIFORNIA
LINE DATA: ORANGE COUNTY TRANSPORTATION AUTHORITY
L1 - N49°21'15"W 12.00' - - - - (� - _ - _
L2 - N49'21'43"W 12.00' ;n
N
L1
LEGEND:
LLA - LOT LINE ADJUSTMENT
INS. - INSTRUMENT -04
NO. - NUMBER o 0
O.R. - OFFICIAL RECORDS o 0
PROPERTY LINE N I c°'v
CENTERLINE I
— — — — RIGHT OF WAY �A
30.00' POR. LOT 65
p
N\ 12.00' BLOCK 10
=4
IRVINE'S SUB'D.
®� I -� M.M. 1/88
5 � U
0' 50' I Q
zPARCEL 1
1" = 50' I
01 INS. NO. 95-0016484, O.R.
30.00'
L,1A 12.00'
�1Is,
OR
0 ( 00
No. 8862 z z
CA [I1�lo - — —
L2
w
IY
> o
'r EDINGER AVENUE
VOR D. RICEP.L.S. 8862
SHEET 1
OF 1
SCALE: 1" = 50'
EXHIBIT "B"
D. WOOLLEY & ASSOCIATES
DATE: 07/10/18
ADDRESS: 1021 EDINGER AVENUE
TUSTIN, CALIFORNIA
2832 WALNUT AVENUE, SUITE A
TUSTIN, CA 92780
FILE NO.
17002
DRAWN BY: JDR
CHKD. BY: TDR
CLIENT: CITY OF TUSTIN
(714) 734-8462 FAX (714) 508-7521