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Home My WebLink About05 APPROVE GRANT OF EASEMENT WITH SCE FOR NEIGHBORHOOD DDocuSign Envelope ID: 95B688E9-C404-4AF4-AB82-F6ECBC9ACEB7 AGENDAREPORT MEETING DATE: APRIL 6, 2021 TO: MATTHEW S WEST, CITY MANAGER Agenda Item Reviewed: City Manager Finance Director FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: APPROVE GRANT OF EASEMENT TO THE SOUTHERN CALIFORNIA EDISON COMPANY OVER PORTIONS OF LOTS B, 1, 2 AND 12 OF TR 18197 SERVING NEIGHBORHOOD D SOUTH AT TUSTIN LEGACY 5 SUMMARY: Ongoing construction of the Brookfield Development in Neighborhood D South at Tustin Legacy necessitates the provision of easements for electrical service to the development. Underground electrical supply systems and communication systems are to be subsequently provided RECOMMENDATION: It is recommended that the City Council authorize the Mayor to execute the grant of easement to Southern California Edison ("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 Brookfield project. FISCAL IMPACT: There is no fiscal impact associated with the proposed grant of easement. 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 grant of easement to SCE for systems installation and future maintenance is a standard utility practice and beneficial to the development of the Brookfield project. Both Michael Baker International as the design engineer and Brookfield Homes have approved the easement. A copy of the proposed easement document is attached for information, and the location of the easements are described and shown on Exhibits "A" and "B" of the document. 'Stack, P. E. Ptublic Works/City Engineer Attachments: 1. Grant of Easement Document for Southern California Edison Company - N -D South DocuSign Envelope ID: 95B688E9-C404-4AF4-AB82-F6ECBC9ACEB7 Please have the wet, original executed easement returned to the following address: Spectrum Land Services 725 Town & Country Road Suite 410 Orange, CA 92868 SCEDoc. No. GRANT OF EASEMENT SPACE ABOVE THIS LINE FOR RECORDER'S USE CITY OF TUSTIN, CALIFORNLA., a municipal corporation (hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter refen-ed 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, underg round 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 EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. Granter further grants , bargains, sells and conveys unto the Grantee the right of assignment, in whole or in part, to others, without limitati on, 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. Granter agrees for himself, his heirs and assigns, not to erect, place or maintain, nor to pemlit the erectio n, placement or maintenance of any building, planter boxes, earth fill or other strnctures except walls and fences on the above described real property. TIIe 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 exerc ising the rights herein granted; provided, however, that in making any excavation on said propeIiy of the Granter, 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. DIJ 111ICT ocK -C UKUCK ocRIAL NO. M> of ZE DOCUMENTARY TRANSFER TAX NONE Central OC TD1594973 TD 1617259 VALUE AND CONSIDERATION LESS THAN $100.00) SCE Company FIM 39-16 B-8 APN NIA --v-': VEGETATION & SLS /CG c 01/18/21 SIG OF DECLARANT OR AGENT DETERMI NI NG TAX FIRM NAME LAND MANAGEMENT CITY OF TUSTIN, CALIFORNLA., a municipal corporation (hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter refen-ed 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, underg round 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 EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. Granter further grants , bargains, sells and conveys unto the Grantee the right of assignment, in whole or in part, to others, without limitati on, 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. Granter agrees for himself, his heirs and assigns, not to erect, place or maintain, nor to pemlit the erectio n, placement or maintenance of any building, planter boxes, earth fill or other strnctures except walls and fences on the above described real property. TIIe 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 exerc ising the rights herein granted; provided, however, that in making any excavation on said propeIiy of the Granter, 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. DocuSign Envelope ID: 95B688E9-C404-4AF4-AB82-F6ECBC9ACEB7 EXECUTED this dayof ,20 — — GRANTOR CITY OF TUSTIN, CALIFORNIA, a municipal corporation Signature Print Name Title A Notary Public or other officer completing this certificat e 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 DSE801943153 TD1594973 TD 1617259 DocuSign Envelope ID: 95B688E9-C404-4AF4-AB82-F6ECBC9ACEB7 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 documen t to which this cc Ii ificate is attached, and not the truthfulness, accuracy, or validity of that document. State ofCalifornia ) 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/the y 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 c ertify under PENALTY OF PERTTJRY under the laws of the State of California that the foregoing paragraph is true and coJTect. WITNESS my hand and official seal. Signature (Seal) 3 DSE801943153 TD 1594973 TDI617259 DocuSign Envelope ID: 95B688E9-C404-4AF4-AB82-F6ECBC9ACEB7 EXIIIBIT "A" VARIOUS STRIPS OF LAND LYING WITHIN LOTS B, 1, 2, AND 12 OF TRACT NO. 18197, AS PER MAP FILED IN BOOK 990, PAGES 25 THROUGH 33 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, DESCRIBED AS FOLLOWS: STRIP #1 THAT PORTION OF SAID LOT BL YING SOUTHERLY OF THE FOLLOWING DESCRIBED LINES: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF VETERANS WAY WITH THE CENTERLINE OF AIRSHIP AVENUE, AS SHOWN ON SAID TRACT NO. 18197, SAID POINT BEING IN A CURVE IN THE CENTERLINE OF SAID AIRSHIP AVENUE, CONCAVE SOUTHERLY AND HAYING A RADIUS OF 2000.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 16005'03" EAST; THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 00054'57" AN ARC DISTANCE OF 31.97 FEET; THENCE CONTINUING ALONG THE CENTERLINE OF SAID AIRSHIP AVENUE, SOUTH 73000'00" EAST 35.00 FEET; THENCE NORTH 17000'00" EAST 28.00 FEET TO THE NORTHERLY LINE OF SAID AIRSHIP AVENUE AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 17000'00" EAST 6.00 FEET; THENCE SOUTH 73000'00" EAST 8.00 FEET; THENCE NORTH 17000'00" EAST 3.00 FEET; THENCE SOUTH 73000'00" EAST 10.00 FEET; THENCE SOUTH 17000'00" WEST 9.00 FEET TO A POINT OF ENDING IN SAID NORTHERLY LINE, SAID POINT TO BE HEREINAFTER REFERRED TO AS POINT "A". STRIP #2 THAT PORTION OF SAID LOT B LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINES: COMMENCING AT SAID POINT "A" , BEING IN THE NORTHERLY LINE OF SAID AIRSHIP AVENUE; THENCE ALONG SAID NORTHERLY LINE, SOUTH 73000'00" EAST 319.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 17000'00" EAST 5.00 FEET; THENCE SOUTH 73000'00" EAST 17.00 FEET; THENCE NORTH 17000'00" EAST 6.50 FEET; THENCE SOUTH 73000'00" EAST 20.00 FEET; THENCE SOUTH 17°00'00" WEST 6.50 FEET; THENCE SOUTH 73000'00" EAST 13.00 FEET; THENCE SOUTH 1 7000'00" WEST 5.26 FEET TO A POINT OF ENDING IN SAID NORTHERLY LINE. STRIP #3 THAT PORTION OF SAID LOT 12 LYING WESTER.LY OF THE FOLLOWING DESCRIBED LINES: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF PEEBLER WAY WITH THE CENTERLINE OF COMPASS AVENUE, AS SHOWN ON SAID TRACT NO. 18197; THENCE ALONG THE CENTERLINE OF SAID COMPASS AVENUE, NORTH 17°00'00" EAST 55.00 FEET; THENCE SOUTH 73000'00" EAST 32.00 FEET TO THE EASTERJI Y LINE OF SAID COMPASS AVENUE AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 73'00'00" EAST 9.00 FEET; THENCE NORTH 17000'00" EAST 10.00 FEET; THENCE NORTH 73°00'00" WEST 2.50 FEET; THENCE NORTH 17000' 00" EAST 7.00 FEET; THENCE NORTH 73000'00" WEST 6.50 FEET TO A POINT OF ENDING IN SAID EASTERLY LINE. 4 DSE801943153 TD 1594973 TD1617259 DocuSign Envelope ID: 95B688E9-C404-4AF4-AB82-F6ECBC9ACEB7 STRIP 44 THAT PORTION OF SAID LOT 12 LYING WESTERLY OF THE FOLLOWING DESCRIBED LINES: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF SWAIM WAY WITH THE CENTERLINE OF COMPASS AVENUE, AS SHOWN ON SAID TRACT NO. 18197; THENCE ALONG THE CENTERLINE OF SAID COMPASS AVENUE, NORTH 17°00'00" EAST 109.00 FEET; THENCE SOUTH 73000'00" EAST 32.00 FEET TO THE EASTERLY LINE OF SAID COMPASS AVENUE AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 73000'00" EAST 4.00 FEET; THENCE NORTH 17000'00" EAST 9.00 FEET; THENCE SOUTH 73000'00" EAST 11.00 FEET; THENCE NORTH 17000'00" EAST 20.00 FEET; THENCE NORTH 73000'00" WEST 11.00 FEET; THENCE NORTH 17000'00" EAST 17.00 FEET; THENCE NORTH 73000'00" WEST 4.00 FEET TO A POINT OF ENDING IN SAID EASTERLY LINE. STRIP 95 THAT PORTION OF SAID LOT 2 LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINES: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF VETERANS WAY WITH THE CENTERLINE OF FLIGHT WAY, AS SHOWN ON SAID TRACT NO. 18197; THENCE ALONG THE CENTERLINE OF SAID FLIGHT WAY, NORTH 73000'00" WEST 206.00 FEET; THENCE SOUTH 17000'00" WEST 28.00 FEET TO THE SOUTHERLY LINE OF SAID FLIGHT WAY AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 17000'00" WEST 9.00 FEET; THENCE NORTH 73000'00" WEST 31.00 FEET; THENCE SOUTH 17000'00" WEST 7.00 FEET; THENCE NORTH 73000'00" WEST 20.00 FEET; THENCE NORTH 17000'00" EAST 11.00 FEET; THENCE NORTH 73000'00" WEST 10.00 FEET; THENCE NORTH 17000'00" EAST 5.00 FEET TO A POINT OF ENDING IN SAID SOUTHERLY LINE. THAT PORTION OF SAID LOT 1 LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINES: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF FLIGHT WAY WITH THE CENTERLINE OF ARMSTRONG AVENUE, AS SHOWN ON SAID TRACT NO. 18197, SAID POINT BEING IN A CURVE IN THE CENTERLINE OF SAID ARMSTRONG AVENUE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1400.04 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 60028'57" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03024'38" AN ARC DISTANCE OF 83.34 FEET; THENCE SOUTH 57004'20" EAST 46.00 FEET TO THE SOUTHEASTERLY BOUNDARY OF SAID ARMSTRONG AVENUE AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 57004'20" EAST 16.00 FEET; THENCE NORTH 32055'40" EAST 35.43 FEET TO A POINT OF ENDING IN THE SOUTHERLY BOUNDARY OF SAID FLIGHT WAY. FOR SKETCH TO ACCOMPANY LEGAL DESCRIPTION, SEE EXHIBIT "B" A PART HEREOF. �,�OFES Prepared by me or under my supervision: Dated: 2q, , 2021 1— 7 lZ Glenn M. Bakke R.C.E. 418619 Exp. 06-30-2021 w 0 ATTACHED HERETO AND MADE No. C-18619 r -T1' Exp�� 10,a v s � r�`r DSE801943153 TD 1594973 TD 1617259 _ DocuSign Envelope ID: 95B688E9-C404-4AF4-AB82-F6ECBC9ACEB7 EXHIBIT "B" :LOT15 co� Q' �¢ STRIP #1 / L6 ('V/ x73.00,0 °E LINE DATA TABLE L1 S73'00'00"E 35.00' L2 N1 TOO'00"E 28.00' L3 N1 TOO'00"E 6.00' L4 S73'00'00"E 8.00' L5 N1 T00'oo"E 3.00' L6 s73-oo-oo"E 10.00' L7 S 1 T00'oo "w 9.00' L8 N1 T00'00"E 5.00' L9 S73'00'00"E 17.00' L10 N1 T00'oo"E 6.50' L11 S73'00'00"E 20.00' L12 s1Too-oo'w 6.50' L13 S73'00'00"E 13.00' L14 S1 TOO'00"W 5.26' CURVE DATA TABLE C1 L'i=00'54'57" R=2000.00' L=31.97' 60 0 60 120 scale 1 "= 60' feet T,FGF,ND ENOTES SCE EASEMENT AREA POC = POINT OF COMMENCEMENT TPOB= TRUE POIN T OF BEGINNING LOTS TRACT NO. 18197 M.M. 990/25-33 Sf HEET 1 OF 31 /0 M. Z7 �v No. C-18619 Ex ZQ Z 1 CALe�� Dated ' Z r 2021 L m Glenn M. Bakke R. C.E. # 18619 Exp. 6-30-21 DocuSign Envelope ID: 95B688E9-C404-4AF4-AB82-F6ECBC9ACEB7 / 3 EXHIBIT "B" 00 o� N S ------- p if if. LOT 10 J --------- :lif-R Emmmm MEME f$14 y rV STRIP #3 POC STRIP #3 I TPOB STRIP #3 LOT9 ' 40, �2' r 32' 60 0 60 120 scale 1 "= 60' feet l' f LINE DATA TABLE L1 S73"00'00"E 9.00' L2 N1 T00'00" E 10.00 ' L3 N73"00'00"W 2.50' L4 N1 T00'00"E 7.00' LS N73"0 0'00 "W 6.50' L6 S73"00'00"E 4.00' L7 N1 T00'00"E 9.00' L8 S73"00'00"E 11.00' L9 N1 T00'00"E 20.00' L10 N73"00'00"W 11.00' L11 N1 T00'00"E 17.00' L12 N73"00'00"W 4.00' V I r LOT 12 1 TRACTNO. 18197 M.M. 990/25-33 r V� r o X12 I n� �� J I X10 s o, /-j r 0 o, POC o STRIP #4 C6 ^ L,3 STRIP 4 J or 0 r, r TPOB STRIP #4 LEGEND - ------S IY4 �Jtt ur ENOTES ' _ SCE EASEMENT AREA ------------f- y4�/ POC = POINT OF COMMENCEMENT TPOB = TRUE POINT OF BEGINNING SHEET 2 OF 3 .......... DocuSign Envelope ID: 95B688E9-C404-4AF4-AB82-F6ECBC9ACEB7 EXHIBIT "B" I/ LOT 1 LINE DATA TABLE L1 S1 T00'00"W 9.00' L2 N73"00'00"W 31.00' L3 S 1 TOO'00"W 7.00' 1_4 N73-oo-oo"w 20.00' L5 N17'00'00"E 11.00' L6 N73-oo-oo"w 10.00' L7 N 17'00'QO"E 5.00' L8 S5TO4'20"E 16.00' 00, LOT2 TRACT NO. 18197 M.M. 990/25-33 [SHEET 3 OF 31