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HomeMy WebLinkAbout07 APPROVE GRANT OF EASEMENT TO IRVINE RANCH WATER DISTRICT OVER A PORTION OF LOT "I" OF TRACT 17144• Agenda Item 7 AGENDA REPORT Reviewed.- City eviewed.City Manager Finance Director N/A MEETING DATE: FEBRUARY 19, 2019 TO: MATTHEW S. WEST, ACTING CITY MANAGER FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: APPROVE GRANT OF EASEMENT TO IRVINE RANCH WATER DISTRICT OVER A PORTION OF LOT "I" OF TRACT NO. 17144 IN TUSTIN LEGACY SUMMARY Construction of the ongoing Tustin Legacy Linear Park (CIP No. 20077) includes installation of Irvine Ranch Water District facilities within the roadway and adjacent parcel. It is therefore necessary for the City of Tustin to grant an easement to Irvine Ranch Water District (IRWD) for the sole object and purpose of constructing and maintaining IRWD facilities on the easement area, as described in the Grant of Easement. RECOMMENDATION It is recommended that the City Council grant an easement to the Irvine Ranch Water District over a Portion of Lot "I" of Tract No. 17144 as shown on the attached easement document exhibits for Irvine Ranch Water District 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 Tustin Legacy Linear Park (CIP No. 20077) includes installation of Irvine Ranch Water District recycled water meters within the proposed easement. Irvine Ranch Water District requires the subject easement for access and maintenance purposes. All improvements constructed or placed within the easement area by IRWD shall be operated and maintained at no cost to the City and shall be maintained by IRWD in a good repair and working order. Grant of Easement to IRWD February 19, 2019 Page 2 The proposed Grant of Easement is attached and the location of the easement is shown on Exhibit "B" of the document. Additionally, a general location exhibit is included for reference. ou s . Stack, P.E. Dir c of Public Works/City Engineer Attachment(s): 1. Grant of Easement Document for Irvine Ranch Water District over a Portion of Lot "I" of Tract No. 17144 2. Location Exhibit C:\Users\dstack\Desktop\Approve Grants of Easement to IRWD over Parcels adjacent to Valencia Ave and Armstrong Ave_v2.docx ATTACHMENT 1 Grant of Easement Document for Irvine Ranch Water District and over a Portion of Lot "I" of Tract No. 17144 Recording Requested By and Return to: Ray Thatcher, District R/W Agent Irvine Ranch Water District 15600 Sand Canyon Avenue P. O. Box 57000 Irvine, California 92619-7000 IRWD Doc. E APN: 430-272-04 Space above this line for recorder's use Free Recording Requested G.C. §§ 6103 & 27383 No Documentary Transfer Tax pursuant to Rev. & Tax. Code § 11922 GRANT OF EASEMENT GRANT OF EASEMENT FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, the City of Tustin, a municipal corporation ("Grantor"), hereby grants to IRVINE RANCH WATER DISTRICT, a California Water District organized under and existing pursuant to Section 34000 et seq. of the California Water Code, ("Grantee"), its successors and assigns, subject to the terms and conditions below, non- exclusive easement for recycled water pipelines and access purposes. The easement shall include, but not by way of limitation, the right to construct, reconstruct, remove and replace, renew, inspect, maintain, repair, improve, enter upon, and otherwise use the hereinafter described property for these purposes, together with incidental appurtenances and connections, and ingress and egress for said purposes in, over, under, upon, along, through, and across the real property situated in the City of Tustin, County of Orange, State of California, as described in Exhibit "A" and depicted on Exhibit "B", attached hereto and incorporated herein by reference (the "Property" or "Easement Area"). Said facilities shall consist of the originally installed facilities and any other replacements, renewals, repairs, and improvements of any of the foregoing (hereinafter referred to as "Improvements"). TERMS AND CONDITIONS 1. This grant of non-exclusive easement is made for the sole object and purpose of constructing and maintaining Improvements on the Easement Area, as described in Exhibit "A" and depicted on Exhibit "B Excluding the Improvements described herein, Grantee shall not construct, place, maintain, or erect any additional or other building, structure, equipment, or facility of any nature within the Easement Area without prior written approval from Grantor. The specific location of the Improvements is to be approved by the Grantor. 2. All Improvements constructed or placed within the Easement Area by Grantee shall be operated and maintained at no cost to Grantor. Grantee shall maintain the Improvements in a good repair and working order. 6669RWESMT.docx -1- 3. Grantor shall have the right to access, at its sole authority and discretion, the Easement Area to inspect and/or perform maintenance to any municipal infrastructure located within or adjoining the Easement Area. Except in an emergency, Grantor covenants and agrees to provide Grantee with thirty (30) days prior written notice of the request to enter the Easement Area, which notice shall contain reasonable information regarding the work to be performed and the anticipated duration of the entry. Grantee agrees to cooperate and coordinate with Grantor to facilitate any entry on or within the Easement Area. Except in an emergency, Grantor agrees to comply with any reasonable requests of Grantee in connection with any entry within the Easement Area and to not unreasonably interfere with Grantee's use therein. 4. In the event of an emergency situation, as determined by Grantor, in its sole discretion, and in the reasonable exercise of the duty of Grantor to protect the public health, safety and welfare, Grantor shall have the right to immediately enter the Easement Area. In such event, Grantor shall have the right to perform any work on any municipal infrastructure either within or adjoining the Easement Area. If Grantor enters the Easement Area pursuant to this section, Grantor shall provide notice to Grantee as soon as possible and as reasonable under the circumstances. In connection with any entry within the Easement Area pursuant to this section, Grantor covenants and agrees to promptly restore the Easement Area to substantially the same condition as existing prior to the entry. 5. Prior to any modification or alteration of the Improvements within the Easement Area, except for emergency maintenance activities, Grantee shall obtain the prior written consent of Grantor, which consent, shall not be unreasonably withheld, but shall be subject to all applicable governmental laws, rules, and regulations. 6. Grantor shall not plant any trees in said Easement Area without the prior written consent of Grantee. 7. Grantee may, at its sole cost, install landscaping to screen the Improvements constructed and maintained within the Easement Area. 8. Grantee may trim trees, landscaping, or other foliage and may cut and/or remove tree limbs and roots within the Easement Area for the protection of the Improvements. 9. Subject to Grantor's prior approval, Grantee may cut, fill, or otherwise change the grading of the Easement Area, and may install drainage and retaining structures within the Easement Area, for the protection of the Improvements. Use by the Grantor of the Easement Area for roadway improvements, which do not result in cuts closer than three (3) feet above the top of Grantee's Improvements or fills greater than two (2) feet above the existing ground may be made without notification to or concurrence of Grantee. It is agreed, however, that no use of the Easement Area for any other purposes shall be made by Grantor until plans for such proposed use by Grantor have been reviewed with or submitted to Grantee, and Grantee has concurred that such proposed use will be consistent with Grantee's use of the Improvements. If Grantee fails to provide objection in writing to any such proposed use by the Grantor within ten (10) days after plans for the proposed use have been submitted to Grantee, such proposed use shall be deemed concurred in by Grantee. Grantee agrees that it shall not unreasonably withhold its concurrence. 10. Grantee may, at its sole cost, receive commercial electricity service from a utility provider, and an electrical service utility may install and maintain infrastructure necessary to provide electrical service, within the Easement Area. 6669RWESMT.docx -2- 11. Grantee shall defend, indemnify, and hold harmless (with counsel reasonably acceptable to Grantor) Grantor, its officers, officials, employees, agents, and representatives, from and against any and all claims, demands, losses, liens, damages, costs, expenses, environmental mitigation costs, penalties, fines or liabilities of any kind or nature (including actual attorneys' fees) (collectively "Liabilities") which Grantor, its officers, officials, employees, agents, and representatives, may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property (including injury or damage to Grantor's employees or damage to Grantor's property) as a result of, or arising out of, any negligence or willful misconduct or omissions of Grantee, its officers, directors, employees, agents, contractors, subcontractors, suppliers, representatives, invitees, or licensees in connection with this Grant of Easement, except that this obligation shall not include, to the extent it arises, from the negligence or willful misconduct of Grantor, or its employees or representatives. Nothing herein shall be deemed to require Grantee to indemnify or hold the Grantor, its officers, officials, employees, agents, or representatives harmless from any Liabilities related to Grantor's exercise of its rights pursuant to exceptions and reservations in favor of Grantor described in this Grant of Easement including but not limited to Sections 3 and 4. 12. This Grant of Easement shall terminate upon the earlier to occur of the following: (a) there is a change in use of the Easement Area by Grantee for a use other than the use specifically granted herein; (b) the Improvements are either relocated or removed; or (c) in the event Grantee abandons the easement hereby granted. 13. Nothing contained herein will result in a forfeiture or reversion of Grantor's title to the Easement Area in any respect. Grantor reserves all rights to the Easement Area not expressly granted herein, including, but not limited to, the right to grant, license, or otherwise allow others the non- exclusive. rights on-exclusive.rights in the use of the Easement Area. Without limiting the foregoing, Grantor expressly reserves the public use of the surface area of the Property for all public purposes not inconsistent with the Grantee's use, including but not limited to the existing and continued public use of the surface area of the easement for park purposes. 14. All obligations and covenants made under this Grant of Easement shall bind and inure to the benefit of any successors or assigns of the respective parties. (signatures on next page) 6669RWESMT.docx -3- APPROVED AS TO FORM: Name: City Attorney ATTEST: Name: City Clerk DATED: 6669RWESMT.docx GRANTOR: CITY OF TUSTIN Name: Mayor GRANTEE: IRVINE RANCH WATER DISTRICT Paul A. Cook, General Manager -4- ACKNOWLEDGMENT (GRANTOR) 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 120 , before me, a Notary Public in and for said State, 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 is true and correct. WITNESS my hand and official seal. Signature (SEAL) 6669RWESMT.docx -5- ACKNOWLEDGMENT (GRANTEE) 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 120 , before me, , a Notary Public in and for said State, 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 is true and correct. WITNESS my hand and official seal. Signature (SEAL) 6669RWESMT.docx -6- IRVINE RANCH WATER DISTRICT CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by deed or grant dated from CITY OF TUSTIN, a municipal corporation to IRVINE RANCH WATER DISTRICT, a California Water District undersigned officer on behalf of the Board of Directors pursuant to au 2014-40 of the Board of Directors, adopted on September 8, 2014, recordation thereof by its duly authorized officer. Date: 6669RWESMT.docx IRVINE RANCH WATER DISTRICT iereby accepted by the conferred by Resolution the grantee consents to By: Leslie Bonkowski Secretary to Board of Directors -7- 10 11 12 13 14 15 16 117 18 19 20 .21 23 24 25 26 27 28, 29 30 31 32 .33 34 35 36 37 38 39 40 41 42 43 44 45 EXHIBIT "A" LEGAL DESCRIPTION IRVINE RANCH WATER, DISTRICT , RIGHT�OF-W.AY EASEMENT That certain parcel of land situated in the City of Tustin, County of Orange, State of California, being that portion of Lot "I" of Tract No. 17144., as shown on ainap thereof filed in. Book 906,, Pages 5 through 14 of Miscellaneous Maps in the Office of the County Recorder of said Orange County, included within a strip ofland 5.00, feetwide, the southeasterly, line Of which is described as follows-, COMMENCING at the southwesterly terminus of that certain course shown as. "North 060 1012" East 478.01 feet" in the centerline of ArmstrongAvenueas shown.on said Tract ,No. 17144; thence along said centerline North 060102" East 478.0'1 feet to. the beginning oftangent curve, ,concavd southeasterly and having a radius of 1400.04 feet; thence along said curve northerly 360.69 feet through a central angle, of 14°45'40'1; thence leaving said centerline, radially from said curve North - 69*0348" West 52.00 feet to, the northwesterly right-of-way line of said Armstrong Avenue, said point being. -On a non tangent curve concave. southeasterly and having, a radius- of 1452,04 feet, a radial line of said curve from said point bears South 69003'48" East, said point being, the. TRUE POINT OF BEGINNING; thence along said northwesterly right-of-way line and said curve, northerly 19.99,foot through a,,central angle of 00147120". Said . strip of land, shall be lengthened or shortened so as to terminate southwesterly in radial line which bears North 69003'48" West st and northeasterly in a radial line which bears North ,6816"2$"1 West. CONTAINING: 100 Square Feet, More or less. SUBJECT TO, all Covenants, Rights, Rights -of -Way and Easements Of Record. EXHIBIT `811 attached and, by this reference made a part hereof, William G. Cox, L.S. 6673 Date Michael Baker International .5 IftittonCentre Drive., Suite 500 Santa Ana, Califbrma 92707 JN 144986 .ti:\Pdata11,3959$44dmin\Legals". 39MAWD RW-5wide Lgl,docm Page 1 of 1 in,00*-, b P.O.G. CURVE DATA TABLE N0. DELTA RADIUS LENGTH' Cl 00`47"20" 1452.04' 99.99' 4/10/i: 4:33 Pm SHEET 1 OF I SHEET )�iIchael Bakeo' INTERNATIONAL 5 Hutton Centra MY% Suite 500 Santa Ana, CA 92707' (949)•472-3505- MSAKERINTL.COM' AU"T 11. 2017 A 1449M ATTACHMENT 2 Location Exhibit