HomeMy WebLinkAbout06 APPROVE GRANT OF EASEMENT TO IRVINE RANCH WATER DISTRICTDocuSign Envelope ID: E73BD131-133E7-41C2-8610-02CC97182709
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AGENDA REPORT Reviewed:
City Manager
Finance Director N/A
MEETING DATE: MARCH 2, 2021
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
(IRWD) OVER A PORTION OF LOTS 1, 3, 4, 11, 12 AND 13 OF TRACT
NO. 18197 IN TUSTIN LEGACY
SUMMARY
Construction of the Tustin -Legacy Neighborhood "D" South Phase 1 Infrastructure Backbone (CIP No.
70246) and Non -Backbone (CIP No. 70250) Construction Project includes installation of Irvine Ranch
Water District (IRWD) facilities within the roadway and adjacent parcels. It is therefore necessary for
the City of Tustin to grant an easement to the IRWD for the sole object and purpose of constructing
and maintaining IRWD facilities in the easement areas 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 Lots 1, 3, 4, 11, 12 and 13 of Tract No. 18197 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. Second, the project addresses Goal D, Strategy 2 by working
collaboratively with agencies to address issues of mutual interest and concern.
DISCUSSIONIBACKGROUND
Construction of the Tustin -Legacy Neighborhood "D" South Phase 1 Infrastructure Backbone (CIP No.
70246) and Non -Backbone (CIP No. 70250) Construction Project includes installation of IRWD water
and sewer pipelines within the proposed easement areas. The IRWD requires the subject easement
for access and maintenance purposes. All improvements constructed or placed within the easement
area by the IRWD shall be operated and maintained at no cost to the City and shall be maintained by
the IRWD in good repair and working order.
DocuSign Envelope ID: E73BD1 31 -B3E7-41 C2-8131 0-02CC97182709
Grant of Easement to IRWD over Portions of TR 18197
March 2, 2021
Page 2
The proposed Grant of Easement is attached and the locations of the easement areas are shown on
Exhibit "B" of the document. Additionally, a general location exhibit is included for reference.
� S. Stack, P. E.
r of Public Works/City Engineer
Attachment(s):
1. Grant of Easement Document for Irvine Ranch Water District over a Portion of Lots 1,3, 4, 11,
12 and 13 of Tract No. 18197
2. Location Exhibit
S:\City Council Items\2021 Council Items\03-02-2021\Approve Grants of Easement to IRWD over Portions of Tract 18197\Approve
Grants of Easement to IRWD over Portions of Tract 18197.docx
DocuSign Envelope ID: E73BD1 31 -B3E7-41 C2-8131 0-02CC97182709
ATTACHMENT 1
Grant of Easement Document for Irvine Ranch Water
District and over a Portion of Lots 1, 3, 4, 11, 12 and 13 of
Tract No. 18197
DocuSign Envelope ID: E73BD131-133E7-41C2-8610-02CC97182709
RECORDED REQUESTED BY AND
WHEN RECORDED, 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
WITH A CONFORMED COPY TO:
City of Tustin
300 Centennial Way
Tustin, CA 92780
Attn:
Assessor's Parcel No. (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 water and sewer pipelines, 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 water
and sewer pipeline facilities consist of pipelines, appurtenances, 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
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
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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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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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APPROVED AS TO FORM:
David E. Kendig, City Attorney
ATTEST:
Erica N. Yasuda, City Clerk
DATED:
APPROVED AS TO FORM:
By:
General Counsel
GRANTOR:
CITY OF TUSTIN
Letitia Clark, Mayor
GRANTEE:
IRVINE RANCH WATER DISTRICT
By:
Paul A. Cook, General Manager
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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 tome 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
5
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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 , 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
6
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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
7
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1 EXHIBIT "A"
2 LEGAL DESCRIPTION
3
4 IRVINE RANCH WATER DISTRICT
5 PIPELINE EASEMENTS
6
7
8 Those certain parcels of land situated in the City of Tustin, County of Orange, State of California,
9 being portions of Lots 1, 3, 4, 11, 12 and 13 of Tract No. 18197 as shown on a map thereof filed
10 in Book 990, Pages 25 through 33 of Miscellaneous Maps in the Office of the County Recorder of
11 Said Orange County described as follows:
12
13
14 PARCEL 1
15
16 A strip of land 10.00 feet wide, the centerline of which is described as follows:
17
18 COMMENCING at the intersection of the centerline of Airship Avenue with the centerline of
19 Compass Avenue as shown on said Tract No. 18197, thence along the centerline of said
20 Compass Avenue North 40°40'07" East 152.45 feet to a point hereinafter referred to as POINT
21 "A"; thence continuing along said centerline North 40°40'07" East 49.15 feet; thence leaving said
22 centerline at right angles South 49°19'53" East 32.00 feet to the southeasterly right-of-way line of
23 said Compass Avenue and the TRUE POINT OF BEGINNING; thence continuing
24 South 49°19'53" East 15.00 feet.
25
26 Said strip of land shall be lengthened or shortened so as to originate in said southeasterly
27 right-of-way line of Compass Avenue,
28
29 CONTAINING: 150 S.F. more or less.
30
31
32 PARCEL 2
33
34 A strip of land 20.00 feet wide, the centerline of which is described as follows:
35
36 COMMENCING at the hereinabove described POINT "A"; thence at right angles from said
37 centerline of Compass Avenue South 49°19'53" East 32.00 feet to the southeasterly right-of-way
38 line of said Compass Avenue and the TRUE POINT OF BEGINNING; thence continuing
39 South 49019'53" East 15.00 feet.
40
41 Said strip of land shall be lengthened or shortened so as to originate in said southeasterly
42 right-of-way line of Compass Avenue.
43
44 CONTAINING: 300 S.F. more or less.
45
46
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IRWD Pipeline Easements
Exhibit "A"
47 PARCEL 3
48
49 A strip of land 36.00 feet wide, the centerline of which is described as follows:
50
51 COMMENCING at the intersection of the centerline of Peebler Avenue with the centerline of
52 Compass Avenue as shown on said Tract No. 18197, thence along the centerline of said
53 Compass Avenue South 17000'00" West 5.00 feet; thence leaving said centerline at right angles
54 South 73000'00" East 32.00 feet to the easterly right-of-way line of said Compass Avenue and the
55 TRUE POINT OF BEGINNING; thence continuing South 73000'00" East 15.00 feet.
56
57 Said strip of land shall be lengthened or shortened so as to originate in said easterly right-of-way
58 line of Compass Avenue,
59
60 CONTAINING: 540 S.F. more or less.
61
62
63 PARCEL 4
64
65 A strip of land 31.00 feet wide, the centerline of which is described as follows:
66
67 COMMENCING at the intersection of the centerline of Flight Way with the centerline of Compass
68 Avenue as shown on said Tract No. 18197, thence South 76°34'32" East 35.51 feet to the easterly
69 right-of-way line of said Compass Avenue and the TRUE POINT OF BEGINNING; thence
70 continuing South 76034'32" East 20.00 feet.
71
72 Said strip of land shall be lengthened or shortened so as to originate in said easterly right-of-way
73 line of Compass Avenue.
74
75 CONTAINING: 540 S.F. more or less.
76
77
78 PARCEL 5
79
80 A strip of land 30.00 feet wide, the centerline of which is described as follows:
81
82 COMMENCING at the intersection of the centerline of Flight Way with the centerline of Helber
83 Way as shown on said Tract No. 18197, thence South 19042'02" West 38.09 feet to the
84 southwesterly right-of-way line of said Flight Way and to the TRUE POINT OF BEGINNING;
85 thence continuing South 19°42'02" West 31.88 feet.
86
87 Said strip of land shall be lengthened or shortened so as to originate in said southwesterly
88 right-of-way line of Flight Way.
89
90 CONTAINING: 703 S.F. more or less.
91
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IRWD Pipeline Easements
Exhibit "A"
92
93 PARCEL 6
94
95 A strip of land 30.00 feet wide, the centerline of which is described as follows:
96
97 COMMENCING at the intersection of the centerline of Flight Way with the centerline of Helber
98 Way as shown on said Tract No. 18197 and at a point on a non -tangent curve concave
99 northeasterly and having a radius of 800.00 feet, a radial line of said curve from said point bears
100 North 19°42'02" East; thence along said curve and said centerline of Flight Way northwesterly
101 190.62 feet through a central angle of 13°39'09"; thence radially from said curve
102 North 33°21'11" East 37.15 feet to the northeasterly right-of-way of said Flight way to the TRUE
103 POINT OF BEGINNING; thence continuing North 33"21'11" East 25.00 feet.
104
105 Said strip of land shall be lengthened or shortened so as to originate in said northeasterly
106 right-of-way line of Flight Way.
107
108 CONTAINING: 749 S.F. more or less.
109
110
111 PARCEL 7
112
113 A strip of land 10.00 feet wide, the centerline of which is described as follows:
114
115 COMMENCING at the intersection of the centerline of Flight Way with the centerline of Helber
116 Way as shown on said Tract No. 18197; thence along said centerline of Helber Way
117 North 28°47'18" East 46.62 feet to the beginning of a tangent curve concave northwesterly and
118 having a radius of 1790.00 feet; thence along said curve and the centerline of Helber Way
119 northeasterly 176.51 feet through a central angle of 05°39'00"; thence radially from said curve
120 North 66°51'42" West 30.00 feet to the northwesterly right-of-way line of said Helber Way and the
121 TRUE POINT OF BEGINNING; thence continuing North 66°51'42" West 15.00 feet.
122
123 Said strip of land shall be lengthened or shortened so as to originate in said northwesterly
124 right-of-way line of Helber Way.
125
126 CONTAINING: 150 S.F. more or less.
127
128
129 PARCEL 8
130
131 A strip of land 20.00 feet wide, the centerline of which is described as follows:
132
133 COMMENCING at the intersection of the centerline of Feebler Way with the centerline of Helber
134 Way as shown on said Tract No. 18197; thence along said centerline of Helber Way
135 North 17000'00" East 104.00 feet; thence leaving said centerline at right angles
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136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
IRWD Pipeline Easements
Exhibit "A"
North 73000'00" West 30.00 feet to the westerly right-of-way line of said Helber Way and to the
TRUE POINT OF BEGINNING; thence continuing North 73000'00" West 15.00 feet.
Said strip of land shall be lengthened or shortened so as to originate in said westerly right-of-way
line of Helber Way.
CONTAINING. 300 S.F. 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.
12/17/2020 _
Steven . Slocum Date
Michael Baker International
5 Hutton Centre, Suite 500
Santa Ana, California 92707
JN 172411
H:\pdata\172411\CADD\Mapping\Exhibits\IRWD Easements\172411 IRWD EASEMENTS 01Legal.docm
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DocuSign Envelope ID: E73BD131-133E7-41C2-8610-02CC97182709
LEGEND
(R1) INDICATES RECORD DATA PER TRACT
AVENUE
NO, 18197, M. M, 990/25-33
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SHEET INDEX INTERNATIONAL
5 Hutton Centre Drive, Suite 500
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(949)472-3505, MBAKERINTL.COM
DECEMBER 17, 2020 172411
172411 IRWD EASEMENTS CAD.DWG MAGGIO, ANTHONY 12/16/2020 3:01 PM
DocuSign Envelope ID: E73BD131-133E7-41C2-8610-02CC97182709
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DECEMBER 17, 2020 172411
DocuSign Envelope ID: E73BD131-133E7-41C2-8610-02CC97182709
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DECEMBER 17, 2020 172411
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LEM oESCPJF ori FOR Santa Ana, CA 92707
IRVINE RANCH WATER DISTRICT (949) 472-3505 - MBAKERINTL.COM
PIPELINE EASEMENTS
DECEMBER 17, 2020 172411
DocuSign Envelope ID: E73BD1 31 -133E7-41 C2-8131 0-02CC97182709
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DECEMBER 17, 2020 172411
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INTERNATIONAL
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
(949) 472,3505 - MBAKERINTLCOM
DECEMBER 17, 2020 172411
DocuSign Envelope ID: E73BD1 31 -B3E7-41 C2-8131 0-02CC97182709
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SHEET 6 OF 6 SHEETS
BakerMichael
INTERNATIONAL
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
(949) 472-3505 - MBAKERINTL.COM
DECEMBER 17, 2020 172411
DocuSign Envelope ID: E73BD1 31 -B3E7-41 C2-8131 0-02CC97182709
ATTACHMENT 2
Location Exhibit
DocuSign Envelope ID: E73BD1 31 -B3E7-41 C2-8131 0-02CC97182709
PROJECT U)"'C"O'AlION MAP