HomeMy WebLinkAbout04 APPROVE GRANTS OF EASEMENT TO THE SOUTHERN CALIFORNIA EDISON COMPANY OVER PORTIONS OF AIRHSIP AVENUE SERVING THE FLIGHT OFFICE DEVELOPMENT AT TUSTIN LEGACYvAgenda
AGENDA REPORT Ree eltd: 4
v
City Manager
Finance Director/A
MEETING DATE: OCTOBER 16, 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 AIRSHIP AVENUE 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 multiple easements for electrical service to the development. On October 2, 2018, the City Council
approved underground electrical supply systems and communication systems (herein referred to as
"systems") for the Flight development. Additional system easements for Southern California Edison
(SCE) are required in Airship Avenue which will serve the Phase 2 development of Flight.
As the owner of Phase 2, the City will need to approve the attached grants of easement to SCE in order
to serve the future Phase 2 development The systems easements are located within the larger Utility
Agreement Easement Area and will allow the systems to be stubbed at the future Phase 2 buildable
area boundary.
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 16, 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. The proposed grants of
easement will provide utility infrastructure to the Phase 2 property currently owned by the City.
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.
John A. Buchanan
�reEts of Economic Development
Do g s . Stack
re of Public Works/City Engineer
Attachments: 1. Grant of Easement Document for Southern California Edison Company — Airship 1
2. Grant of Easement Document for Southern California Edison Company — Airship 2
ATTACHMENT 1
Grant of Easement Document for
Southern California Edison Company - Airship 1
' RECORDING REQUESTED BY
An
SOUTHERN CALIFORNIA
EDISON
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
DOCUMENTARY TRANSFER TAX $ NONE
VALUE AND CONSIDERATION LESS THAN $100.00)
Central OC
TD1322662
SCE Company
FIM 39-16D-8
c
SIG, OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME
APN 430-271-44
pPPROPERTIESA.
SLS/BT
09/27/2018
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 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 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 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 DSE801769030
TD1322662
EXECUTED this day of 120
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 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 DSE801769030
TD1322662
EXHIBIT "A"
A 6.00 FOOT WIDE STRIP 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 CENTERLINE OF SAID STRIP IS DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE NORTHWESTERLY LINE OF SAID PARCEL 2, SAID POINT ALSO BEING 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 40'40'19" EAST 44.21 FEET TO THE TRUE POINT OF
BEGINNING; THENCE LEAVING THE NORTHWESTERLY LINE OF SAID PARCEL 2, SOUTH 49020'19" EAST 42.00
FEET TO A POINT OF ENDING,
THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO TERMINATE NORTHWESTERLY
IN THE NORTHWESTERLY LINE OF SAID PARCEL 2.
FOR SKETCH TO ACCOMPANY LEGAL DESCRIPTION, SEE EXHIBIT`B" ATTACHED HERETO AND MADE A
PART HEREOF.
Prepared by me or under my supervision:
Dated: , 2018
A.W, 44A4:�
Glenn M. Bakke R.C.E. #18619 Exp. 06-30-2019
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ATTACHMENT 2
Grant of Easement Document for
Southern California Edison Company — Airship 2
RECORDING REQUESTED BY
SOUTHERN CALIFORNIA
EDISON
An EDISON INTERNATIONAL Co
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
DOCUMENTAL TRANSFER TAX $NONE
VALUE AND CONSIDERATION LESS THAN $100.00
Central OC
TD1322225
SCE Company
FIM D-8
Arl'KUVW:
ay
DATE
SIG, DF DECLARANT CR AGENT DETERMINING TAX FIRM NAME
APN 430-271-41
MA �RT
SLS/BT
10/02/2018
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 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 I , 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 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(g) 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
TD1322225
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 thiscertificate 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 DSES01726722
TD1322225
EXHIBIT "A"
A 6.00 FOOT WIDE STRIP 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 CENTERLINE OF SAID STRIP IS DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE NORTHWESTERLY LINE OF SAID PARCEL 2, SAID POINT ALSO BEING
THE MOST SOUTHERLY CORNER OF LOT 8 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 40-40'19" EAST 12.90 FEET TO THE TRUE POINT OF
BEGINNING; THENCE LEAVING THE NORTHWESTERLY LINE OF SAID PARCEL 2, SOUTH 49°19'41" EAST 42.00
FEET TO A POINT OF ENDING.
FOR SKETCH TO ACCOMPANY LEGAL DESCRIPTION, SEE EXHIBIT `B" ATTACHED HERETO AND MADE A
PART HEREOF.
Prepared by me or under my supervision:
Dated: aems. oz., , 2018
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