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Home My WebLink About06 APPROVE GRANT EASEMENT TO SOUTHERN CALIFORNIA GAS COMPANY OVER PORTIONS OF LEGACY ROAD (CIP NO. 70231) IN TUSTIN LEGACY• Agenda Item 6 AGENDA REPORT Reviewed: City Manager Finance Director /A MEETING DATE: OCTOBER 16, 2018 TO: JEFFREY C. PARKER, CITY MANAGER FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: APPROVE GRANT OF EASEMENT TO SOUTHERN CALIFORNIA GAS COMPANY OVER PORTIONS OF LEGACY ROAD (CIP NO. 70231) IN TUSTIN LEGACY SUMMARY Construction of the ongoing Legacy Road Extension (CIP No. 70231) includes installation of Southern California Gas Company (SoCalGas) facilities within the roadway and adjacent parcels. It is therefore necessary for the City of Tustin to grant an easement to SoCalGas for these facilities and for access purposes over these parcels. RECOMMENDATION It is recommended that the City Council grant an easement to the Southern California Gas Company over a portion of Lots T & U of TR 17404 and Lot 35 of TR 17026 as shown on the attached easement document exhibits for gas 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 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 Construction of the ongoing Legacy Road Extension (CIP No. 70231) includes installation of Southern California Gas Company facilities within the project area. The property is owned by the City of Tustin. These facilities will serve future projects including the Tustin Legacy Magnet School. SoCalGas requires an easement to be granted to them for access and maintenance purposes. Grants of Easement to SoCalGas over Portions of Legacy Road October 16, 2018 Page 2 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. /S. Stack, P.E. of Public Works/City Engineer Attachment: Grant of Easement Document for Gas Facilities Over a Portion of Lots T & U of TR 17404 and Lot 35 of TR 17026. S:\City Council Items\2018 Council Items\10-16-2018\Approve Grant of Easement to Gas Co. Over Portions of Legacy Road\Approve Grant of Easement to Gas Co. over Portions of Legacy Road.docx 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 Leak Survey Area: APN: OC 682-2X CPD#: 30097005 DOCUMENTARY TRANSFER TAX $ CONVEYANCE OF EASEMENT (On. ANND GAs LEAsg) AND CONSIDERATION & VALUE Is Las 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 . DISTRIBUTION R.W. 265960 Southern California Gas Company GRANT OF EASEMENT FOR VALUABLE CONSIDERATION, CITY OF TUSTIN, CALIFORNIA, ("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. 265960 IN WITNESS WHEREOF, these presents are hereby signed this day of , 20_. GRANTOR: CITY OF TUSTIN, CALIFORNIA 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 } 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 band and official seat. (Seal) Signature Commission #: Commission Expiration: EXHIBIT "A" LEGAL DESCR><PTION PARCEL 1 In the City of Tustin, County of Orange, State of California, being that portion of Lots T and U of Tract No. 17404 as per 'map filed in Book 907, Pages 6 through 42, inclusive, of Miscellaneous Maps, in the office of the County Recorder of said county, described as follows; Commencing at the centerline intersection of Kensington Park Drive with Valencia Avenue as shown on said Tract No, 17404; thence South 49°39'15" West 52.00 feet to the southwesterly Right of Way line of said Valencia Avenue; thence along said southwesterly Right of Way line South 49°20'45" East 74.00 feet to the True Point of Beginning; thence leaving said southwesterly Right of Way line South 86°41'45" West 38.90 feet to a line parallel with and distant 46,00 feet southeasterly from the above described course "South 49°39'15" West 52.00 feet"; thence along said parallel line South 40°39115" West 3.89 feet to a point on the southwesterly line of said Lot U, said point being the most northerly corner of that portion of Parcel A lying southeasterly of Legacy Road as shown on Exhibit B of the. Grant Deed recorded October 26, 2017 as Instrument No. 2017000456342 of Official Rbcords, in the Office of the County Recorder of said County, said corner being the northwesterly terminus of that. certain course shown as "N49°10'16" W 224.33"' in the northeasterly boundary of said Parcel A; thence along the southwesterly line of said Lot U, North 49°10116"'West 10.00 feet to a line parallel with and distant 36.00 feet southeasterly from the above described course "South 49°39'15" West 52.00 feet"; thence along last said parallel line North 40°39115" East 19.35 feet to a curve concave southeasterly having a radius of 21.50 feet; thence northeasterly 12.13 feet along said curve through a central angle of 32°20'10" to said southwesterly Right of Way line; thence non -tangent along said southwesterly Right of Way line South 49°2045" East 34.67 feet to the True Point of Beginning. Containing 674 square feet, more or less. Revised June 21, 2018 March 23, 2017 WO No. 0449-40X Page 1 of 5 H&A Legal No, 9315 - GAS Legacy -City By: K. Vo Checked By: J. Kinnie EXHIBIT "A» LEGAL DESCRIPTION PARCEL 2 A strip of land 10.00 feet in width, in the City of Tustin, County of Orange, State of Callfornia, being that portion of Lot 35 of Tract No. 17026 as per map filed in Book 884, Pages 1 through 14, inclusive, of Miscellaneous Maps, in the office of the County Recorder of said county, the southeasterly line of said strip, described as follows: Commencing at the centerline intersection of Kensington Park with Valencia Avenue as shown on said Tract No.17404; thence South 49°39'15" West $2.00 feet to the southwesterly Right of Way line of said Valencia Avenue; thence along said southwesterly Right of Way line South 49120'45" East 74.00 feet; thence leaving said southwesterly Right of Way line South 86°41'45" West 38,90 feet to a a line parallef with and distant 46.00 feet southeasterly from the above described course "South 49°39'15" West 52.00 feet"; thence along said parallel tine South 40°39'15" West 3.89 feet to the True Point of Beginning, said point being on the southwesterly line of Lot U of Tract No. 17404 as pe'r map filed in Book 907, Pages 6 through 12, inclusive, of Miscellaneous Maps, in the office of the County Recorder of said County, said point also being the. most northerly corner of that portion of Parcel A lying southeasterly of Legacy Road as shown on Exhibit B of the Grant Deed recorded October 26, 2017 as Instrument No. 2017000456342 of Official Records, in the Office of the County Recorder of said County, said corner being the beginning of a curve concave northwesterly having a radius of 1196,00, a radial to the beginning of said curve bears South 49°20'21" East; thence along the northwesterly boundary of that portion of said Parcel A the following four (5) courses: 1. southwesterly 62.32 feet along said curve through a central angle of 2°59'09" to a point referred to hereon as Point A, 2. continuing along said curve southwesterly 331.19 feet along said curve through a central angle of 15°51'57" to a point referred to hereon as Point B, 3. continuing along said curve southwesterly 319,50 feet through a central angle of 15°18'22", Revised June 21, 2018 March 23, 7017 WO No. 04494OX Page 2 of 5 H&A Legal No. 9315 - GAS Legacy -City By: K. Vo Checked By: J. Finnie EXHIBIT "A" LEGAL DESCIUPTION 4. South 7404997" West 230.40 feet to a curve concave southerly having a radius of 1104.00 feet and 5. westerly 122.75 feet along said curve through a central angle of 6°22'14" to the easterly boundary of Lot 58 of said Tract No. 17404. The northwesterly sideline of said strip to terminate northeasterly in the southwesterly boundary of said Lot U, Excepting therefrom that portion lying within Lot 58 of said Tract No, 17404. Containing 10,611 square feet, more or less. PARCEL 3 A strip of land 10.00 feet in width, in the City of Tustin, County of Orange, State of California, being that portion of Lot 35 of Tract No. 17026 as per map filed in Book 884, Pages 1 through 14, inclusive, of Miscellaneous Maps, in the office of the County Recorder of said county, the southwesterly and northwesterly lines of said strip, described as follows: Beginning at the hereinabove described Point A; thence North 46°3534" West 92.00 feet to a point on the boundary of that portion of Parcel A lying northwesterly of Legacy Road as shown on Exhibit B of the Grant Deed recorded October 26,' 2017 as Instrument No. 2017000456342 of Official Records, in the Office of the County Recorder of said County, said point being on a non - tangent curve concave northwesterly having a radius of 1104.00 feet, a radial line to the beginning of said curve bears South 46°2900" East; thence along the southeasterly boundary of that portion of said Parcel A northeasterly 58.19 feet through a central angle of 3°01'11" to the northeasterly boundary, of that portion of said Parcel A. Revised Jane 21, 2018 March 23, 2017 WO No, 0449-40X Page 3 of 5 H&A Legal No. 9315 - GAS Legacy -City By: K. Vo Checked By; J. Kinnie EXHIBIT "A" LEGAL DESCRIPTION The southeasterly sideline of said strip to terminate northeasterly in the southwesterly boundary of Lot U of Tract No. 17404 as per map riled in Book 907, Pages 6 through 12, inclusive, of Miscellaneous Maps, in the office of the County Recorder of said County. Excepting therefrom that portion lying within the hereinabove described Parcel 2. Containing 1,304 square feet, more or less. PARCEL 4 In the City of Tustin, County of Orange, State of California, being that portion of Lots T and U of Tract No. 17404 as per map filed in Book 907, Pages 6 through 42, inclusive, of Miscellaneous Maps, in the office of the County Recorder of said county, described as follows: Commencing at the centerline intersection of Kensington Park Drive with Valencia Avenue as shown on said Tract No. 17404; thence South 49°39'15" West 52.00 feet to the southwesterly Right of Way line of said Valencia Avenue; thence along said southwesterly Right of Way line North 49020'45" West 74.00 feet to the True Point of Beginning; thence leaving said southwesterly Right of Way line South 5°23'15" East 38.90 feet to a line parallel with and distant 46.00 feet northwesterly from the above described course "South 49°39'15" West 52,00 feet"; thence South 40°39'15" West 3.60 feet to a point on the southwesterly line of said Lot U, said point being the most easterly corner of that portion of Parcel A lying northwesterly of Legacy Road as shown on Exhibit B of the Grant Deed recorded October 26, 2017 as Instrument No. 2017000456342 of Official Records, in the Office of the County Recorder of said County, said comer being the southeasterly terminus of that certain course shown as "N49°10'16" W 525.94"' in the northeasterly boundary of that portion of said Parcel A; thence along the southwesterly line of said Lot U, South 49°10'16" East 10.00 feet- to eetto a line parallel with and distant 36.00 feet northwesterly from the above described course "South 49039'15" West 52.00 feet"; thence North 40°39'15" East 30.64 feet to said southwesterly Right of Revised June 21, 2018 March 23, 2017 WO No. 0449-40X Page 4 of 5 H&A Legal No. 9315 - PAS Legacy -City By: K. Vo Checked By; J. Kinnie EXHIBIT "A" LEGAL DESCRIPTION Way line; thence along said southwesterly Right of Way line. North 49°20'45" West 38.00 feet to the True Point of Beginning. Containing 674 square feet, more or less. PARCELS A strip of land 10.00 feet in width, in the City of Tustin, County of Orange, State of California, being portion of Lot 35 of Tract No. 17026 as per map filed in Book 884, Pages 1 through 14, inclusive, of Miscellaneous Maps, in the office of the County Recorder of said county, the centerline of said strip, described as follows: Beginning at the above described Point B; thence North 31°32'29" West 116,57 feet to the point of terminus. Excepting therefrom that portion lying within the hereinabove described Parcel 2. Also Excepting therefrom that portion lying within Parcel A as described in the Grant Deed recorded October 26, 2017 as Instrument No. 2017000456342 of Official Records, in the Office of the County Recorder of said County. Containing 820 square feet, more or less. All as shown on Exhibit "B" attached hereto and by this reference made a part hereof. 4 zz� �-' Jas n R. Kinnie, L.S, No. 7090 Date: oG -A/- Zo/ 8 FO DIF SU 0o No, 7090 9�OF CAS-�� Revised June 21, 2418 March 23, 2017 WO No. 0449-40X Page 5 of 5 H&A Legal No. 9315 - GAS Legacy -City By: K, Vo Checked By: J. Kinnie { } INDICATES RECORD DATA PER TRACT NO. 17404, M.M. 907/6-42. [ ] INDICATES RECORD DATA PER INST. NO. 2017000456342. O.R. d- 0 Q) EXHIBIT "B" Sketch to Accompany Legal Description P.O.C. KENSINGTON PARK DRIVE - --, 1 52' l ; PCE, 1, z & 4 VALENCIA AVENUE _(N49°20'45"IN 845.61' _ "`- (541.91' CALL)L N (79.0 T-, `— POR. L 0 T JJJJJ TRACT NO. 17404 M.M. 907/6-42 PDR. L 0 T IIIII TRACT NO. 17404 M.M. 907/6-42 PARCEL A INST. NO. 2017000456342, PCL 4-/ 684 SA PCL 3 1,304 S.F. 46, 1 PCL 5 820 S.F. O.R. �O d wo') LOT KKKK (N40'39'15"E 104.00') �LOT U o PCL 1 674 S.F. .- 10' V� "-PCL 2 3O 10,611 S,F, PARCEL. A INST. NO. 2017000456342, O.R. POR TION OF 35 .9. TRACT NO. 17026 *6- M.M. 884/1-14 OO LEGEND: / /0, � INDICATES SHEET NUMBER / 58 / TRACT NO. 17404 / M. M. - 907/6- 42 HUNSAKER & ASSOCIATES EXHIBIT I R V I N E, I N G PtANHNG ■ MNWUNG ■ SURVEYING 4m K4w • Wkwo CA WAII . Ptt"sks-** • Fxt (419F se3cvs9 CITY OF: TUBTiN. COUNTY OF CRANK STATE OF GA4JFOAN1A °1'x'3-23-18 0 6-21-18 e"x" K. VOCxld J. KINNIE SCALE: 1"- 180' W.O.449-40X ' I: TustinLe oc LD 9315 -GAS Le ac •-Cit SHT01,dw H&A LEGAL NO. 9315 SHEET i OF 6 VALENCIA AVENUE -•--- (N49020'45"W (541,91' CALC) PCL 4- 684 S.F. T.P.oa. PCL 4 TRACT NO.� EXHIBIT "B" Sketch to Accompany Legca Description 1 52' 1 o > ri Ie zrl) c�Y zCie W _ 845.61') (79.00') b PCL 1, 2 do 4 (N49'2045"W 615,94') � Q (565:93' CALL) . I' a N1 T00'35"W� -- 74,00' f RAD 1 C _ L8 -_ �'�` 1. 74.00' 1 17404 ' LOT T i`�._ 39.33'-- 34:67 ' °'1 1 LINE TABLE n 36' Ll 1/6 ; 42 ' v - LINE BEARING LENGTH L1 N40'39'15"E .3.89' L2 N86.41'45"E 38.90' L3 N49010'16"W 10.00' L4 N4(r39'15"E 19.35 L5 N46.35'34"W 92.00' L6 N40'39'15"E 3.60' U N05°23'15"W 38.90' L8 49'20'45"W 38.00' L9 N40'39'150E 30.64' L10 N49"1016"W 10,00' VALENCIA AVENUE -•--- (N49020'45"W (541,91' CALC) PCL 4- 684 S.F. T.P.oa. PCL 4 TRACT NO.� EXHIBIT "B" Sketch to Accompany Legca Description 1 52' 1 o > ri Ie zrl) c�Y zCie W _ 845.61') (79.00') b PCL 1, 2 do 4 (N49'2045"W 615,94') � Q (565:93' CALL) . I' a N1 T00'35"W� -- 74,00' f RAD 1 C _ L8 -_ �'�` 1. 74.00' 1 17404 ' LOT T i`�._ 39.33'-- 34:67 ' °'1 1 CURVE TABLE M. M, 907 �.., ,,a n 36' Ll 1/6 ; 42 ' v - -•--- - [525,94'] (N49.10'16"W I -� L10 L3 1 12.13' ,� N49°21'1"W t0' 1 ---- RZ-- --- -� sgCLI 62.32' C3 w SHEET 3 J PCL 3 ci� I R KANNNJG V I N E, ■ MONRAW q 1,304 S.F. lam` N46°20'00" W �,r' - - L5 RAD Q 46'~•-- 46' - W 92' CURVE TABLE CURVE DELTA RADIUS CN Cl Oz 1 12.13' C2 sgCLI 62.32' C3 O SHEET 3 J HUNSAKBR & ASSOCIATES I R KANNNJG V I N E, ■ MONRAW I N C, ■ SURVEYING CURVE TABLE CURVE DELTA RADIUS I LENGTH Cl 32.20'10" 21.50' 1 12.13' C2 2'59'09" 1196.00 62.32' C3 3°01'11" 1104,00' 1 58.19 LOT KKKK 8 g TRACT NO. 17404 r M.M. 907/6--42 i ;,,• PVL 1 760.52') �+- 10' 674 S.F. T.P.O.B. s PCL 2 ' ,,--.[N49'20'21*Wl RAD ! J N46'21�'12� W_RAD, POINT A P.Q.B.—PCL 3 PARCEL A M PCL 2 INST. NO. 10,611 S.F. 2017000456342, 0. R. Lo : INDICATES RECORD DATA PER TRACT NO. 17404, M.M. 907/6-42. r [ ] INDICATES RECORD DATA PER 1 INST. NO, 2017000456342, O.R. EXHIBIT i*n HU00 • Wro. CA 9%% ■ M* ISD MWO " FIR 00 sa3WW CITY OF iUlMN, COUNTY OF ORANGA STATE OF CAUFORMA °" 3-23-18 0� 6�-21-18 en K. VO er. J. KINNI 3CALF: 1"= 40' W0.449 -40X FM IATu ac LD 9315—GAS Legacy— CitSHT02,dwH&A LEC4AL No. 8315 SHEET 2 OF 6 PARCEL A INS T, N0. 2017000456342, 0. R. EXHIBIT "BA Sketch to Aocompany Legal Description h SEE SHEET 2 r � r o 0z o 4 V lop a � 46' f 46' sFF syF� ' [ ] INDICATES RECORD DATA PER 4 / INST. N0, 2017000456342, O.R. E PCL 2 10,611 S.F. PCL 6 820 S.F. •^r a � 1 POINT 8 P.O.B.—PCL 5 M' p v PARCEL A INST. N0. 2017000456342, 0, R. HUNSAKER & ASSOCIATES EXHIBIT I R Y I N E, 1 N C. KAWNG m SING • SURVEYING 1h" "MOM 4 M4 G m6m • Im"MMM . fie " Saw* CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA " '°A or, J. KINNIE 403-23-18t�EW.O. 44940X ' I; TustinLe ac LD 9315—GAS Legacy —Cit SHT03.dw HSA LEt�AL Na 9315 SHEET 3 OF 6 0 EXHIBIT V Sketch to Accompany Legal Description SEE SHEET 3 PARCEL A ` INST, N0. 2017000456342, 0. R. ►�� 4 f6o f /r SEE SHEET 5 1 \moi h ,bv �OQ'� PCL 2 `' 10,611 S.F. Q �1 PARCEL A .o� INST. N0. ' 2017000456342, 0. R. ti [ ] INDICATES RECORD DATA PER INST. NO, 2017000456342, O.R. ® HUNSAKER & ASSOCIATES EXHIBIT I R V I N E, i N C . ■ ENGIN MNG ■ SURVEYING 7h" Hudw a- "619 . M"MMM - M 00 583OW CRY OF Y1=14 COUNTY OF Of"M WAM 00 OWFOi;lVIA °A 3-23-18 6-20-18 FT K. VO ex° J. KINNIE SCALE: 1■.- 40' W.O.449.40X ` I:\TustinLegacy\LD\9315-GAS Legacy- CKSHT04, d wg H&A LEGAL. Na 9315 SHEET 4 OF 6 EXHIBIT AB" Sketch to Accompany ,legal Description PARCEL A INST. N0. 2017000456342, O.R. ¢6' TRACT N0,117404 \ [N21 RAD / / f / M.M. 907/6-42 PCL 2 10,611 S.F. - PARCEL A INST. N0, 2017000456342, O.R. [ ] INDICATES RECORD DATA PER INST. NO. 2017000456342, O.R. INHUNSAKER & ASSOCIATES EXHIBIT I k V I N E, I N C Tawe H4W h1K 9610 • ft"SD" ° FM fes) CITY OF JUSTIN, COUNTY OF ORANdA STATE OF C"OWA DATE, 3-23-18 0 � 4-25-18 o,,,°K: VO ' J. KINNIE SCALE: 1"= 40' 1 W.O. 449-40X Fm I:\TustInLegocy\LD\9315—GAS Le aq --Cit SHTO5,dwg H&A LEGAL No, 9315 1 SHEET 5 OF 6