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HomeMy WebLinkAbout13 APPROVE GRANTS OF EASEMENT TO THE SOUTHERN CALIFORNIA EDISON COMPANY OVER PROPORTIONS OF THE FUTURE FLIGHT WAY (PUBLIC AND PRIVATE PORTIONS) AND AIRSHIP AVENUEAgenda AGENDA REPORT Reeweld m 1Reviewed. City Manager Finance Director/A MEETING DATE: OCTOBER 2, 2018 TO: JEFFREY C. PARKER, CITY MANAGER FROM: JOHN A. BUCHANAN, DIRECTOR OF ECONOMIC DEVELOPMENT DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: APPROVE GRANTS OF EASEMENT TO THE SOUTHERN CALIFORNIA EDISON COMPANY OVER PORTIONS OF THE FUTURE FLIGHT WAY (PUBLIC AND PRIVATE PORTIONS) AND AIRSHIP AVENUE SERVING THE FLIGHT OFFICE DEVELOPMENT AT TUSTIN LEGACY AND TUSTIN LECAGY PARK SUMMARY: Ongoing construction of the Flight Phase 1 office campus at Tustin Legacy necessitates the provision of easements for electrical service to the development. Underground electrical supply systems and communication systems (herein referred to as "systems") are to be provided within both the public and private portions of Flight Way which traverses both Phase 1 and 2 of the Flight development. System easements for SCE will also be provided within Airship Avenue which is a private roadway located in both Phase 1 and Phase 2. In addition to the easements serving the Flight development, there will also be a utility stub at Tustin Legacy Park for future electrical and communication needs. The owners of Phase 1 will record a grant of easement to the Southern California Edison Company (SCE) for portions of the systems within Phase 1; whereas the City of Tustin, being the owner of Phase 2, will need to record a grant of easement to SCE within the Phase 2 portions for the purposes of providing the systems to the Flight development. An easement is required in the public portion of Flight Way because the public right-of-way has not yet been formally dedicated by the City as a public street. 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 electrical service and communications infrastructure 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 the grants of easement to SCE as shown on the attached easement document exhibits for the purposes of installation and maintenance of the systems as outlined in the attached easement documents; and authorize the City Manager to approve any future modifications to the proposed grants of easement which may be necessary to meet the intent of providing said services to the Flight project and/or Tustin Legacy Park. FISCAL IMPACT: There is no fiscal impact associated with the proposed grant of easement. Grant of Easement to SCE October 2, 2018 Page 2 of 2 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. DISCUSSION/BACKGROUND: The proposed grants of easement to SCE for systems installation and future maintenance is a standard utility practice and beneficial to the development of the Flight office campus as well as Tustin Legacy Park. As the current property owner of Phase 2, it is necessary for the City to grant such an easement to allow for the systems to serve Phase 1 as well as the future Phase 2 of the Flight development. A copy of the proposed easement documents are attached for information, and the location of the easements are shown on Exhibit "B" of the documents. ohn .Buchanan C-Difedor of Economic Development D;recWof gas . Stack Public Works/City Engineer Attachments: 1. Grant of Easement Document for Southern California Edison Company — Flight Way public 2. Grant of Easement Document for Southern California Edison Company — Flight Way private (Phase 2) 3. Grant of Easement Document for Southern California Edison Company — Airship Avenue North ATTACHMENT 1 Grant of Easement Document for Southern California Edison Company — Flight Way public RECORDING REQUESTED BY ElSOUTHERN CALIFORNIA EDISON An EDISON INTERNATIONAL Company WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY 2 INNOVATION WA'Y', 2nd FLOOR POMONA, CA 91768 Attn: Title and Valuation SCE Doe. No. GRANT OF EASEMENT PHIS LINE t -OK KLUUKULK'S USL DOCUMENTARY TRANSFER TAX $ NONE OISTRCT §FRVIuhuKuhK NO. MAP SIZE VALUE AND CONSIDERATION LESS THAN 100.00 Central OC TD1322225 SCE Company FIM 39-16D-8 APN 430-271-40, 66, REALPROPERTIES SLS/BT 09/19/2018 SIG. OF DECLARANT OR AGENT DETERMININGTAX FIRM NAME DEPARTMENT and 67 THE CITY OF TUSTIN, a California municipal corporation, (hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as "Grantee"), an 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 underground electrical supply systems and communication systems (hereinafter referred to as "systems"), consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above -ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence, data and/or communications (eg. through fiber optic cable), in, on, over, under, across and along that certain real property in the County of Orange, State of California, described as follows: FOR LEGAL DESCRIPTION, SEE EXHIBITS "A" AND "B", BOTH ATTACHED HERETO AND MADE A PART HEREOF. Grantor further grants, bargains, sells and conveys unto the Grantee the right of assignment, in whole or in part, to others, without limitation, and the right to apportion or divide in whatever manner Grantee deems desirable, any one or more, or all, of the easements and rights, including but not limited to all rights of access and ingress and egress granted to the Grantee by this Grant of Easement. Grantor agrees for himself, his heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real property. The Grantee, and its contractors, agents and employees, shall have the right to trim or out tree roots as may endanger or interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein *granted; provided, however, that in making any excavation on said property of the Grantor, the Grantee shall make the same in such a mantier as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable. EXECUTED this day of , 20 GRANTOR THE CITY OF TUSTIN, a California municipal corporation Signature Print Name Title 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 ) On 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 aclmowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), 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. Signature (Seal) 2 DSE801726722 TD 1322225 EXECUTED this day of , 20_. GRANTEE SOUTHERN CALIFORNIA EDISON COMPANY, a corporation Signature Print Name Title 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 truthfuhasss, accuracy, or validity of that document. State of California ) County of ) On 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(ies), 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. Signature (Seal) 3 DSE801726722 TD 1322225 EXHIBIT "A" VARIOUS STRIPS OF LAND LYING WITHIN FLIGHT WAY, 72.00 FEET WIDE, SHOWN AS PARCEL A (FUTURE STREET) ON PARCEL MAP NO. 2015-168, AS PER MAP FILED IN BOOK 388, PAGES 26 AND 27 OF PARCEL MAPS, AND WITHIN LOT 5 OF TRACT NO. 17144, AS PER MAP FILED IN BOOK 906, PAGES 5 THROUGH 14 OF MISCELLANEOUS MAPS, • BOTH IN THE OFFICE OF THE, COUNTY RECORDER OF ORANGE COUNTY, DESCRIBED AS FOLLOWS: . STRIP #1 (6.00 FEET WIDE) THE CENTERLINE OF SAID STRIP IS DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF BARRANCA PARKWAY, 110.00 FOOT HALF - WIDTH, WITH THE CENTERLINE OF SAID FLIGHT WAY, AS SAID INTERSECTION IS SHOWN ON THE MAP OF SAID TRACT NO. 18082; THENCE ALONG THE CENTERLINE OF SAID FLIGHT WAY, NORTH 40040'19" EAST 258.63 FEET; THENCE LEAVING THE CENTERLINE OF SAID FLIGHT WAY, SOUTH 49°19'41" EAST 34.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 40'40'19" EAST 114.11 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A'; THENCE CONTINUING NORTH 40040'19" EAST 66.23 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE CONTINUING NORTH 40'40'19" EAST 145.03 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 12.50 FEET; THENCE NORTHEASTERLY, EASTERLY, AND SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 85054'24" AN ARC DISTANCE OF 18.74 FEET;, THENCE SOUTH 53025'17" EAST 13.32 FEET TO A POINT OF ENDING IN THE NORTHWESTERLY LINE OF LOT 7 OF TRACT NO. 18082, AS PER MAP FILED IN BOOK 969, PAGES 12 THROUGH 16 OF MISCELLANEOUS MAPS, IN THE OFFICE OF SAID COUNTY RECORDER. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN SAID LOT 7 OF TRACT NO. 18082. THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO TERMINATE SOUTHEASTERLY IN THE NORTHWESTERLY LINE OF SAID LOT 7 OF TRACT NO. 18082. STRIP #2 (6.00 FEET WIDE) THE CENTERLINE OF SAID STRIP IS DESCRIBED AS FOLLOWS: . BEGINNING AT SAID POINT "A"; THENCE NORTH 49019'41" WEST 70.00 FEET TO A POINT OF ENDING IN THE NORTHWESTERLY LINE OF SAID FLIGHT WAY. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN STRIP #1 DESCRIBED HEREINABOVE. STRIP #3 (10.00 FEET WIDE) THE CENTERLINE OF SAID STRIP IS DESCRIBED AS FOLLOWS: BEGINNING AT SAID POINT "B'; THENCE NORTH 49119'41" WEST 78.50 FEET TO A POINT OF ENDING. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN STRIP #1 DESCRIBED HEREINABOVE. DSE801726722 TD 1322225 FOR SKETCH TO ACCOMPANY LEGAL DESCRIPTION, SEE EXHIBIT `B" ATTACHED HERETO AND MADE A PART HEREOF. Prepared by me or under my supervision: Dated: y % '2018 Q�q��M. SSJON�� No. 0-18619 G� Exp OF CA�� Glenn M. Bakke R.C.E. #18619 Exp. 06-30-2019 � . 0 5 DSES01726722 TD1322225 --•mK- �7, -� r ff z M �2 Q 0 LLq 00 on on 0 �o ozo aU� �O H --•mK- �7, -� r 0 04 QO CID ui w �+ ,�•• :.� Lt"' W SKI v O a 41 Q) 12 O Ln 0 Lo _II O mo i— W U I- z Z E z W W W [Ifzm wLL. i- Mo Lj 0z I- LLI oIL Q OFW 'o LnO 0 .6z WC) O q, CL h- ` 9\ z � CL 04 .0 a �4 ff z M �2 Q 0 LLq 00 J w LOuj z o �� z z MI z J J J 0 04 QO CID ui w �+ ,�•• :.� Lt"' W SKI v O a 41 Q) 12 O Ln 0 Lo _II O mo i— W U I- z Z E z W W W [Ifzm wLL. i- Mo Lj 0z I- LLI oIL Q OFW 'o LnO 0 .6z WC) O q, CL h- ` 9\ z � CL 04 .0 a �4 ATTACHMENT 2 Grant of Easement Document for Southern California Edison Company — Flight Way private (Phase 2) RECORDING REQUESTED BY SOUTHERN CALIFORNIA EDISON An EDISON INTERNATIONAL Com WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY 2 INNOVATION WAY, 2nd FLOOR POMONA, CA 91768 Attn: Title and Valuation SCE Doe. No. GRANT OF EASEMENT E FOR DOCUMENTARY TRANSFER TAX $ NONE DISTRICT 5LKVIUL: UKL)tK SERIAL NO. MAP SIZE Central OC TD1322179 VALUE AND CONSIDERATION LESS THAN $100.00) SCE Company FIM 39.16D-8 : 0y WAlt SIG. OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME APN 430-271-41 REAL DEPARTMENT IES SLS/BT 08/30/2018 THE CITY OF TUSTIN, a California municipal corporation, (hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as "Grantee"), an 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 underground electrical supply systems and communication systems (hereinafter referred to as "systems"), consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above -ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence, data and/or communications (eg. through fiber optic cable), in, on, over, under, across and along that certain real property in the County of Orange, State of California, described as follows: FOR LEGAL DESCRIPTION, SEE EXHIBITS "A" AND "B", BOTH ATTACHED HERETO AND MADE A PART HEREOF. Grantor further grants, bargains, sells and conveys unto the Grantee the right of assignment, in whole or in part, to others, without limitation, and the right to apportion or divide in whatever manner Grantee deems desirable, any one or more, or all, of the easements and rights, including but not limited to all rights of access and ingress and egress granted to the Grantee by this Grant of Easement. Grantor agrees for himself, his heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real property. The Grantee, and its contractors, agents and employees, shall have the right to trim or out tree roots as may endanger or interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted; provided, however, that in malting any excavation on said property of the Grantor, the Grantee shall make the. same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable. EXECUTED this day of , 20_ GRANTOR THE CITY OF TUSTIN, a California municipal corporation Signature Print Name Title 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 ) On 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 aelmowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), 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. Signature (Seal) 2 DSE801724448 TD1322179 EXECUTED this day of , 20_. GRANTEE SOUTHERN CALIFORNIA EDISON COMPANY, a corporation Signature Print Name Title 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 ) On 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 instiument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), 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. Signature (Seal) 3 DSE801724448 TD1322179 EXHIBIT G°A" LEGAL DESCRIPTION SOUTHERN CALIFORNIA EDISON COMPANY EASEMENT PARCEL 2, PARCEL MAP NO. 2015-168 That certain parcel of land situated in the City of Tustin, County of Orange, State of California, being that portion of Parcel 2 of Parcel Map No. 2015-168 as shown on a map thereof filed in Book 388, Pages 26 and 27 of Parcel Maps in the Office of the County Recorder of said Orange County, lying within a strip of land of variable width, the centerline of which is described as follows: COMMENCING at the westerly corner of said Parcel 2, also being the southerly corner of Tract No. 18082 as shown on a map filed in Book 969, Pages 12 through 16 of Miscellaneous Maps in said Office of the County Recorder of Orange County; thence along the northwesterly line of said Parcel 2 North 40°40'19" East 535.24 feet to the TRUE POINT OF BEGINNING; thence leaving said northwesterly line South 53°29'26" East 34.02 feet; thence South 22°3956" East 6.75 feet; thence South 52°17'22" East 4.29 feet to'a point hereinafter referred to as Point "A"; thence continuing South 52°17'22" East 20.34 feet to a point hereinafter referred to as Point "B"; thence continuing South 52°17'22" East 1.99 feet; thence South 22°17'14" East 8.66 feet; thence South 52'17'22" East 385.16 feet to a point hereinafter referred to as Point "C"; thence continuing South 52'17'22" East 20.34 feet to a point hereinafter referred to as Point "D"; thence continuing South 52°17'22" East 4.29 feet; thence South 82020114" East 27.90 feet; thence South 52'17'22" East 232.34 feet to the beginning of a tangent curve concave southwesterly and having a radius of 12.50 feet; thence along said curve southeasterly and southerly 18.15 feet through a central angle of 83°11'18", a radial line of said curve from said point bears North 59006104" West. Said strip of land shall be 16.00 feet wide, lying 8.00 feet northeasterly and 8.00 feet southwesterly from said centerline between Points "A" and "B"; 15.50 feet wide, lying 6.00 feet northeasterly and 9.50 feet southwesterly from said centerline between Points "C" and "D"; and 6.00 feet wide, lying 3.00 feet northeasterly and 3.00 feet southwesterly from said centerline between the True Point Of Beginning and Point "A", between Points "B" and "C" and between Point "D" and the terminus of this strip. The sidelines of said strip shall be lengthened or shortened so as to terminate northwesterly in said northwesterly line of Parcel 2, southeasterly in the northwesterly right-of-way line of Armstrong Avenue as shown on said Parcel Map No. 2015-168, and southwesterly in said radial line which bears North 59°06'04" West. EXCEPTING THEREFROM that portion lying within Armstrong Avenue as shown on said Parcel Map No. 2015-168. Page 1 of 2 Southern California Edison Company Easement Parcel 2, Parcel Map No. 2015-168 Exhibit "A" CONTAINING: 4952 Square Feet, more or less. SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record. EXHIBIT "B" attached and by this reference made a part hereof. AM NO. 6673 William G. Cox, L.S. 6673 Date rr Michael Baker International 5 Hutton Centre Drive, Suite 500 `4T Santa Ana, California 92707 JN 1,67348 H:\pdata\,148280\CADD\Mapping\Exhibits\SCE\LEGAL\148280-LG,L-FlightWay.docm Page 2 of 2 H:\PDATA\148280\CADD\MAPPING\EXHIBITS\SCE\148280-EX-W01.DWG SHARRIS 8/14H8 3:20 °m t °0 N0. BEARING LENGTH T.P.O.B. S53° 29' 26"E L2 ``' 26.62' L3 34.02' 8.66' S52017'22'E 04 — L2 �3 409.79' 20.34' — _ �� 4.29' 385.16' —" 00.99, POINT "A" "B" "' �w N qq co N � 00 POINT co �} CNO ON 00 �) (� 1 r1J\L � PARCEL ry r� -� PARCEL MAP NO, 2015-168 LOz z `���, P.N1.8. 388/26-27 - CLUj 1-, zoW CL 1 - SEE BELOW - Lo t T.P.O.B. �- �° PARCEL 2 � �.� N � PARCEL 1�/JT�P J�lO.2015—'16S c0 cqco co P.NI.B. 388/26-27 w o� z z 8- m � n � NW'LY LINE PCL. 2 LU CO N CD= V P.M. NO. 2015-168 & Z z SE'LY BOUNDARY LINE `�� OF TRACT NO. 18082 Z P.O.C. 0 W'LY CORNER PCL. 2, P.M. NO. 2015-168 & S'LY CORNER OF Q TRACT NO. 18082 EXHIBIT "B" BARRANCA PARKWAY SHEET 11 I of 2 SHEETS SKETCH TO ACCOMPANY A LEG& DESCRIPTION FOR1-Michael• ker INTERNATIONAL SOUTHERN CALIFORNIA EDISON COMPANY 5 Hutton Centre Drive, Suite 500 EASEMENT Santa Ana, CA 92707 PARCEL 2, PARCEL MAP NO. 2015-168 (949) 472-3505 • MBAKERINTL.COM CONTAINING: 4952 S.F'.+/- AUGUST 14, 2018 167348 H:\PDATA\148280\CADD\MAPPING\EXHIBITS\SCE\148280-EX-W01.DWG SHARRIS 8/14H8 3:20 °m LINE DATA TABLE N0. BEARING LENGTH L1 S22°39'56"E 6.75' L2 S52°17'22"E 26.62' L3 S22°17'14"E 8.66' PARCEL 2 PARCEL MAP ]NO, 2015-168 P,KB, 388/26-27 ;� S52 17'22"E 4p9.79 385.16' Ht9 POINT '0 20.34' 4.29' POINT "D" LO CURVE DATA TABLE NO. DELTA RADIUS LENGTH Cl 83011'18" 12.50' 18.15' CD S52017'22"E 232.34' Li - -----�.- i 1� S52017'22"E J 232.34 3 LINE DATA TABLE NO. BEARING LENGTH L4 S82°20'14"E 27.90' -o , N °N O 00 qq v SRA N59° 8'46 -!!J PARCEI 2 N, o 46 PARCEL lu1AP 1\10, 2015-168 P,JVJ,B, 388/26-2700 0 A C:> , 00 NW'LY RIGHT—OF—WAY LINE EXHIBIT "B" OF ARMSTRONG AVE. PER SKETCHTOACCOMPAWA P.M. NO. 2015-168 ` LEM DESCRIPTION FOR j SOUTHERN CALIFORNIA EDISON COMPANY EASEMENT PARCEL 2, PARCEL MAP NO. 2015-168 CONTAINING: 4952 S.F.+l-- SHARRIS 8/14/18 3:53 - SHEET 2 OF 2 SHEETS INTERNATIONAL 5 Hutton Centre Drive, Suite 500 Santa Ana, CA 92707 (949)472-3505, MBAKERINTL.COM 4UGUST 14, 2018 167348 ATTACHMENT 3 Grant of Easement Document for Southern California Edison Company — Airship Avenue North REbORDING REQUESTED BY EJSOUTHERN CALIFORNIA EDISON An EDISON INTERNATIONAL Company WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY 2 INNOVATION WAY, 2nd FLOOR POMONA, CA 91768 Attn: Title and Valuation SCE Doc. No. GRANT OF EASEMENT SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $ NONE VALUE AND CONSIDERATION LESS THAN $100.00) Central OC TD1322692 SCE Company FIM 39-16D-8 SIG. OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME APN 430-271-45,46, REAL EPARTMENTIES SLS/BT 09/19/2018 and 6$ THE CITY OF TUSTIN, a California municipal corporation, (hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as "Grantee"), an 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 underground electrical supply systems and communication systems (hereinafter referred to as "systems"), consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above -ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence, data and/or communications (eg. through fiber optic cable), in, on, over, under, across and along that certain real property in the County of Orange, State of California, described as follows: FOR LEGAL DESCRIPTION, SEE EXHIBITS "A" AND "B", BOTH ATTACHED HERETO AND MADE A PART HEREOF. Grantor further grants, bargains, sells and conveys unto the Grantee the right of assignment, in whole or in part, to others, without limitation, and the right to apportion or divide in whatever manner Grantee deems desirable, any one or more, or all, of the easements and rights, including but not limited to all rights of access and ingress and egress granted to the Grantee by this Grant of Easement. Grantor agrees for himself, his heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real property. The Grantee, and its contractors, agents and employees, shall have the right to trim or cut tree roots as may endanger or interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable. EXECUTED this day of , 20 GRANTOR THE CITY OF TUSTIN, a California municipal corporation Signature Print Name Title A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the doctunent to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ) On 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(ies), 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. Signature (Seal) 2 DSE TD 1322692 EXECUTED this day of , 20_ GRANTEE SOUTHERN CALIFORNIA EDISON COMPANY, a corporation Signature Print Name Title A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the documenl to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ) On 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(ies), 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. Signature (Seal) 3 DSE TD 1322692 EXHIBIT ".A" VARIOUS STRIPS OF LAND LYING WITHIN PARCEL 2 OF PARCEL MAP NO. 2015-168, AS PER MAP FILED IN BOOK 388, PAGES 26 AND 27 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, THE CENTERLINES OF SAID STRIPS ARE DESCRIBED AS FOLLOWS: STRIP #1 (6.00 FEET WIDE) COMMENCING AT THE MOST SOUTHERLY CORNER OF LOT 2 OF TRACT NO. 18082, AS PER MAP FILED IN BOOK 969, PAGES 12 THROUGH 16 OF MISCELLANEOUS MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL 2, NORTH 40040'19" EAST 151.83 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING THE NORTHWESTERLY LINE OF SAID PARCEL 2, NORTH 67030'00" EAST 79.77 FEET; THENCE NORTH 40'40'19" EAST 55.65 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING NORTH 40'40'19" EAST 117.46 FEET; THENCE NORTH 87°28'38" EAST 2.50 FEET TO A POINT OF ENDING, SAID POINT IS HEREINAFTER REFERRED TO AS POINT `B". THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO JOIN AT THE ANGLE POINTS AND TO TERMINATE SOUTHWESTERLY IN SAID NORTHWESTERLY LINE. STRIP #2 (14.00 FEET WIDE) BEGINNING AT SAID POINT `B'; THENCE NORTH 87°28'38" EAST 20.00 FEET TO A POINT OF ENDING, SAID POINT IS HEREINAFTER REFERRED TO AS POINT "C". STRIP #3 (6.00 FEET WIDE) BEGINNING AT SAID POINT "C'; THENCE NORTH 87°28'38" EAST 3.91 FEET; THENCE NORTH 65°06'38" EAST 19.71 FEET; THENCE NORTH 87°28'38" EAST 221.03 FEET; THENCE NORTH 67°56'21" EAST 8.36 FEET; THENCE NORTH 28°51'47" EAST 7.27 FEET TO A POINT OF ENDING IN THE NORTHERLY LINE OF SAID PARCEL 2. THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO JOIN AT THE ANGLE POINTS AND TO TERMINATE NORTHEASTERLY IN THE NORTHERLY LINE OF SAID PARCEL 2 AND IN TIE WESTERLY LINE OF ARMSTRONG AVENUE. STRIP #4 (6.00 FEET WIDE) BEGINNING AT SAID POINT "A", SAID POINT BEING THE BEGINNING OF A CURVE, TANGENT TO THE CENTERLINE OF STRIP #1 DESCRIBED HEREINABOVE, CONCAVE TO THE WEST AND HAVING A RADIUS OF 12.50 FEET; THENCE NORTHEASTERLY, NORTHERLY?, AND NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90000'00" AN ARC DISTANCE OF 19.63 FEET; THENCE NORTH 49019'41" WEST 23.50 FEET TO A POINT OF ENDING IN THE NORTHWESTERLY LINE OF SAID PARCEL 2. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN STRIP #1 DESCRIBED HEREINABOVE, DSE TD1322692 FOR SKETCH TO ACCOMPANY LEGAL DESCRIPTION, SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. Prepared by me or under my supervision: Dated: e Q , 2018 QROF EM. SS/pNq a No. C-18619 rn Exp - "'*� ,A4e,,,r m, 9TH OF CA��F�� Glenn M. 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