HomeMy WebLinkAbout06 GRANT OF EASEMENT TO IRWD DocuSign Envelope ID: 1EEFDB96-4D07-45E7-B674-1BC7CB10383E
• Agenda Item 6
AGENDA REPORT Reviewed:
City Manager D5W
Finance Director N/A
MEETING DATE: MAY 5, 2020
TO: MATTHEW S. WEST, CITY MANAGER
FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: APPROVE GRANT OF EASEMENT TO IRVINE RANCH WATER DISTRICT
FOR SEWER SIPHON FACILITY IMPROVEMENTS AT THE TUSTIN
METROLINK STATION
SUMMARY
Irvine Ranch Water District's Sewer Siphon Improvements Project includes installation of facilities on
the Tustin Metrolink Station Property. 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 a non-exclusive easement to the Irvine Ranch Water
District on the Tustin Metrolink Station Property for sewer facilities, electrical appurtenances, and
related access purposes, as shown on the attached easement document exhibits, 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 the City's Strategic Plan Goal D, Strategy 2 by working
collaboratively with agencies to address issues of mutual interest and concern.
DISCUSSION/BACKGROUND
Irvine Ranch Water District's Sewer Siphon Improvements Project will install an odor control facility and
a grit trap within the Tustin Metrolink Station site, which will be connected to their existing sewer line
running through the northeast corner of the site. These improvements will enhance operations and
maintenance of the existing sewer system in that area and help to reduce nuisance odors. As the
owner of the Tustin Metrolink Station Property, it is necessary for the City to grant an easement to
IRWD for construction, operation, and maintenance of the facilities. All improvements constructed or
placed within the easement area by IRWD shall be operated and maintained by IRWD in good repair
and working order at no cost to the City.
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DocuSign Envelope ID: 1EEFDB96-4D07-45E7-B674-1BC7CB10383E
Grant of Easement to IRWD
May 5, 2020
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.
Dou Os . Stack, P.E.
Di c of Public Works/City Engineer
Attachment(s):
1. Grant of Easement Document
2. Location Exhibit
S:\City Council Items\2020 Council Items\05-05-2020\Grant of Esmt to IRWD at Tustin Metrolink\Approve Grant of Easement to
IRWD at Tustin Metrolink.docx
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RECORDED REQUESTED BY AND
WHEN RECORDED, RETURN TO:
Ray Thatcher, District RM Agent
Irvine Ranch Water District
15600 Sand Canyon Avenue
P. O. Box 57000
Irvine, California 92619-7000
IRWD Doc. E2475
WITH A CONFORMED COPY TO:
City of Tustin
300 Centennial Way
Tustin, CA 92780
Attn:
Assessor's Parcel No. 430-201-22, 27 (Space above line for Recorder's use only)
Exempt from Filing Fees per Gov. C. 6103 and 27383
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 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, a non-exclusive easement for sewer facilities, electrical appurtenances, and
related 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"). The sewer
facilities consist of sewer odor control facilities (including an 8-foot above-ground enclosure
structure, chemical dosing system, and below-grade 4-inch chemical injection line),
underground electrical facilities appurtenant to the sewer odor control facilities, and any related
replacements, renewals, repairs, and improvements (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, operating, maintaining, and otherwise accessing the Improvements on the
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Easement Area, as described in Exhibit A and depicted on Exhibit B. 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 good repair and working order.
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, provided that such activities do not unreasonably
interfere with Grantee's use therein. 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.
4. 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.
5. Grantor shall not plant any trees in said Easement. Area without the prior written .
consent of Grantee.
6. Grantee may, at its sole cost, install, and thereafter maintain in good condition,
landscaping to screen the Improvements constructed and maintained within the Easement Area.
7. 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.
8. Grantee shall, at its own expense and to the reasonable satisfaction of Grantor,
remove or cause to be removed any graffiti on the Improvements. Grantee shall commence
said removal within 48 hours of either: (1) Grantee's discovery of such graffiti; or(2) Grantor
notifying Grantee of such graffiti. Graffiti shall include without limitation any painting, cutting,
scratching, affixing, or attaching of anything to enclosure walls and access swing gate, top
slabs, access vaults, access hatches, vents, and any other above-ground facilities. Graffiti
removal may be accomplished by painting with color-matched paint, soda/sand blasting, or
pressure washing and Grantee shall diligently work to complete said work within said 48-hour
period or as soon thereafter as reasonably feasible.
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. Grantee shall use reasonable efforts to
minimize alteration, removal, or damage to any improvements, landscaping, natural terrain and
natural vegetation in the Easement Area in connection with Grantee's exercise of the rights
herein granted, and Grantee shall, at its own expense and to the reasonable satisfaction of
Grantor, replace or otherwise restore any of Grantor's improvements, landscaping, natural
terrain and natural vegetation in the Easement Area, that do not interfere with Grantee's use
and enjoyment of the Easement Area, and which are altered, removed, or damaged as a result
of or in connection with Grantee's exercise of the rights herein granted and/or Grantee's
negligence or willful misconduct.
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DocuSign Envelope ID: 1EEFDB96-4D07-45E7-B674-1BC7CB10383E
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.
11. Grantee shall, to the fullest extent permitted by law, defend (at Grantee's sole
cost and expense and with counsel reasonably acceptable to Grantor), indemnify, protect and
hold harmless 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, Grantee's, its officers', directors',
employees', agents', contractors', subcontractors', suppliers', representatives', invitees', or
licensees' exercise of rights granted by, or obligations imposed by this Grant of Easement,
except that this obligation shall not include liabilities arising from the sole negligence or willful
misconduct of Grantor, or its employees or representatives.
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; (c) in the
event Grantee abandons the easement hereby granted; (d) Grantee is in continuing violation of
any of the terms or express limitations of the easement rights granted herein; or (e) upon
Grantee's execution and tender of a quitclaim deed to Grantor. Upon termination of this
easement, Grantee shall, at its sole cost and expense, furnish Grantor a good and sufficient
quitclaim deed of all rights, title, and interest herein granted and shall promptly restore the
Easement Area to substantially the same condition as existing prior to the grant of this
easement.
13. Nothing contained herein will result in a forfeiture or reversion of Grantor's title to
the Easement Area in any respect. Granter 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 in the use of the Easement Area.
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)
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DocuSign Envelope ID: 1EEFDB96-4D07-45E7-B674-1BC7CB10383E
GRANTOR:
CITY OF TUSTIN
Dr. Allan Bernstein, Mayor
APPROVED AS TO FORM:
David E. Kendig, City Attorney
ATTEST:
Erica N. Yasuda, City Clerk
GRANTEE:
IRVINE RANCH WATER DISTRICT
DATED:
By:
Paul A. Cook, General Manager
APPROVED AS TO FORM:
General unset
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DocuSign Envelope ID: 1EEFDB96-4D07-45E7-B674-1BC7CB10383E
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 IVI(�roH Z, 220 before me, kr��h�c Swan a Notary Public,
personally appeared Cnk1 who proved to me on the basis of
satisfactory evidence to be the person{) whose name(-&) is/ate subscribed to the within
instrument and acknowledged to me that he/s� executed the same in hist A r
authorized capacity(t , and that by his/fit#eir signature(a) on the instrument the person(,
or the entity upon behalf of which the personH 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.
KRISTINE SWAM
COMM, #2185887 z
Notary Public•California ;DOrange County
@MY Cam.Expires Mar.9,2021
Signature
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DocuSign Envelope ID: 1EEFDB96-4D07-45E7-B674-1BC7CB10383E
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 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
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DocuSign Envelope I D: 1 EEFDB96-4D07-45E7-B674-1 BC7CB 10383E
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, is hereby accepted by the
undersigned officer on behalf of the Board of Directors pursuant to authority conferred by
Resolution 2020-1 of the Board of Directors, adopted on January 13, 2020, and the grantee
consents to recordation thereof by its duly authorized officer.
Date IRVINE RANCH WATER DISTRICT
By
Leslie Bonkowski
Secretary to Board of Directors
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DocuSign Envelope ID: 1EEFDB96-4D07-45E7-B674-lBC7CB10383E
EXHIBIT"A"
EASEMENT FOR SEWER AND ELECTRICAL
PURPOSES TO IRVINE RANCH WATER DISTRICT
(CITY OF TUSTIN-APN 430-201-22,27)
i
LEGAL DESCRIPTION
That certain parcel of land situated in the City of Tustin, County of Orange, State of California being
that portion of Parcel 1 of Lot Line Adjustment No. 2010-02 as described and depicted in that certain
document recorded November 5,2010 as Instrument No. 2010000588431 of Official Records and that
portion of Parcel B of Parcel Map No. 91-265 as shown on a map thereof filed in Book 276, Pages 34
through 44 of Parcel Maps,both in the Office of the County Recorder of said County being more
particularly described as follows:
COMMENCING at the most easterly corner of said Parcel B; thence along the southeasterly line of
said parcel South 33°16'57"West 50.42 feet to the general northeasterly line of that certain easement for
trunk sewer and appurtenant facilities recorded March 1, 1988 as Instrument No. 88-090873 of Official
Records in said Office of the County Recorder; thence along said general northeasterly line North
49°20'36"West 13.80 feet to the TRUE POINT OF BEGINNING; thence continuing along said
general northeasterly line North 49°20'36"West 5.00 feet; thence North 40°39'24"East 22.75 feet;
thence North 49°20'36"West 16.50 feet; thence North 40°39'24"East 12.25 feet to the southwesterly
line of that certain easement for gas line purposes recorded August 20, 1965 in Book 7638, Page 765 of
Official Records in said Office of the County Recorder; thence along said southwesterly line South
49°20'36"East 15.50 feet; thence North 40°39'24"East 2.49 feet; thence North 6°42'00"East 15.08
feet to the northeasterly line of said Parcel 1,being also the southwesterly line of the Orange County
Transportation Authority railroad right of way(100 feet wide); thence along said last described line
South 49°20'36"East 7.23 feet; thence South 6°42'00"West 12.87 feet; thence South 40°39'24"West
39.32 feet to the TRUE POINT OF BEGINNING.
CONTAINING: 481 square feet,more or less.
SUBECT TO: Covenants,conditions,reservations,restrictions,rights-of-way, and easements of record,
if any.
EXHIBIT`B" attached hereto and by this reference made a part hereof
I
Prepared by me or under my direction: j
Dated: January 28,2019 oQRofEssro,�<
eo
N0. C31926
EXP. 12-31-20
teven L. Mal oy, .C.E. 3192 *slur£
Ro
F CALIF
License expires December 31, 2020
ExAlegal.docx
Page 1 of 1
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DocuSign Envelope I D: 1 EEFDB96-4D07-45E7-B674-1 BC7CB 10383E
DATA TABLE:
EASEMENT AREA: 481 S.F. t O S 33'16'57 "W 50.42'
OCTA RR R/W O N 49'20'36" W 13.80'
OCTA LICENSE 3
TO IRWD P.O.C. N 49'20'36" W 5.00'
O
10 O N 40'39'24" E 22.75'
_ _ _ _ _ _ _ _ _ _ _ 11
. - - - - - - - - - - - - O N 49'20'36" W 16.50'
O N 40'39'24" E 12.25'
25' -b 7 8 O7 S 49'20'36" E 15.50'
- - - - - -I - - -F J - - - - - O N 40'39'24" E 2.49'
A � D 6 1O O N 6'42'00" E 15.08'
5 12 10 S 49'20'36" E 7.23'
4 11 S 6'42;00" W 12.87'
� - - - I- - - -L- - - - - - 12 S 403924 W 39.32
r? rL i i T - O
� I I
B 3 2
LL,r'l, NO,I 20IJJJ-;, IINSr, NO, 2010000558,643
� N
T.P.O.B.
EASEMENT NOTES:
O50' WIDE UTILITY ESMT.
RESERVED BY CITY OF TUSTIN
PER INST. NO. 85-269319, O.R.
C
OSEWER PIPELINE EASEMENT
TO I.R.W.D. PER INST. NO.
88-090873, O.R.
I
O 10' WIDE WATER PIPELINE ESMT.
TO I.R.W.D. PER INST, NO. SCALE: 1" = 30'
2013000102735, O.R. I L
DO 10' WIDE GAS PIPELINE ESMT. I _ Jr�ri r'rL
TO SO. COUNTIES GAS CO. OF I- 7pr ,)I/f, /O, f,J J
CA PER O.R. 7638/765 I I
PAdA 276/34-441
EXHIBIT "B" j
SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR SHEET 1 OF 1 SHEET
EASEMENT FOR SEWER & ELECTRICAL Irvine Ranch
WATER DISTRICT
PURPOSES TO IRVINE RANCH WATER DISTRICT 15600 SAND CANYON AVENUE, IRVINE, CA 92619
(CITY OF TUSTIN-
PN: 430-201-22, 27 JANUARY 28, 2020 PROJECT 07886
EXBPLAT.DWG
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LOCATION EXHIBIT
\ NO SCALE
q�
IRWD SEWER
TUSTIN METROLINK � SIPHON FACILITIES
STATION
010.�' Qct
/ G
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