HomeMy WebLinkAbout06 APPROVE GRANTS OF EASEMENT TO THE IRWDDocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8
AG
•"N E N DA R E P`Agenda Item 6
F_ Reviewed: os
City Manager m9W
Finance Director N/A
MEETING DATE: OCTOBER 18, 2022
TO: MATTHEW S. WEST, CITY MANAGER
FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: APPROVE GRANTS OF EASEMENT TO THE IRVINE RANCH WATER
DISTRICT OVER PORTIONS OF NEIGHBORHOOD E AND
NEIGHBORHOOD D SOUTH IN TUSTIN LEGACY
SUMMARY
Construction of the Flight Phase 1 Development Project and the N -D South Phase 1 Construction
Project included installation of onsite Irvine Ranch Water District (IRWD) sewer, domestic water, and
recycled water pipeline facilities across Neighborhood E (N -E) and Neighborhood D South (N -D
South) in Tustin Legacy. It is therefore necessary for the City of Tustin to grant non-exclusive
easements to IRWD for sewer, domestic water, and recycled water pipelines and access purposes on
these properties.
RECOMMENDATION
It is recommended that the City Council:
Grant a non-exclusive easement to the Irvine Ranch Water District on Portions of Parcel 2 of
Parcel Map No. 2015-168 and on a Portion of Lot "BB" of Tract No. 17144 in WE for sewer,
domestic water, and recycled water pipelines and access purposes, and authorize the Mayor
and City Clerk to execute the document on behalf of the City.
2. Grant a non-exclusive easement to the Irvine Ranch Water District on Portions of Lot 1 of TR
18197 in N -D South for domestic water pipelines 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 item 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 Flight Phase 1 Development Project and the N -D South Phase 1 Construction
Project included installation of onsite Irvine Ranch Water District (IRWD) sewer, domestic water, and
DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8
Grant of Easements to IRWD over Portions of N -E and N -D South in Tustin Legacy
October 18, 2022
Page 2
recycled water pipeline facilities within N -E and N -D South in Tustin Legacy. The property is owned
by the City of Tustin. IRWD requires non-exclusive easements to be granted to them for access and
maintenance purposes. Copies of the proposed easement documents are attached for information,
and the location of the easements are shown on the attached Location Map.
'Stack, P. E.
Public Works/City Engineer
Attachments:
1. Grant of Easement for sewer, domestic water, and recycled water facilities over Portions of Parcel 2 of
Parcel Map No. 2015-168 and on a Portion of Lot "BB" of Tract No. 17144
2. Grant of Easement for domestic water facilities over a Portion of Lot 1 of TR 18197
3. Location Map of Easements
DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8
ATTACHMENT 1
Grant of Easement for sewer, domestic water, and recycled
water facilities over Portions of Parcel 2 of Parcel Map No.
2015-168 and on a Portion of Lot "BB" of Tract No. 17144
DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8
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. E2567
WITH A CONFORMED COPY TO:
City of Tustin
300 Centennial Way
Tustin, CA 92780
Attn: City Clerk
Assessor's Parcel No. 430-272-08, 430-461-11 (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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DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8
APPROVED AS TO FORM:
David E. Kendig, City Attorney
ATTEST:
Erica N. Yasuda, City Clerk
DATED:
APPROVED AS TO FORM:
General Counsel
i.\ MON
CITY OF TUSTIN
Austin Lumbard, Mayor
GRANTEE:
IRVINE RANCH WATER DISTRICT
2
Paul A. Cook, General Manager
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DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8
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
5
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DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8
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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DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8
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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EXHIBIT "A"
LEGAL DESCRIPTION
IRVINE RANCH WATER DISTRICT
PIPELINE EASEMENT
PARCEL 1
That certain parcel of land situated in the City of Tustin, County of Orange, State of California,
being that portion of Parcel 2 of Parcel Map No. 2015-168 as shown on a map thereof filed in
Book 388, Pages 26 and 27 of Parcel Maps in the Office of the County Recorder of said Orange
County, described as follows:
COMMENCING at Orange County Surveyor Horizontal Control Station "GPS No. 6535"
California Coordinate System (CCS83) Zone VI NAD 1983 (1991.35 Epoch OCS GPS
Adjustment) monumenting the intersection of the centerline of Barranca Parkway with the
centerline of Armstrong Avenue as shown on said Parcel Map No. 2015-168; thence along said
centerline of Armstrong Avenue North 40°40'20" East 110.00 feet to the southeasterly
prolongation of the southwesterly line of said Parcel 2 of said map; thence along said southeasterly
prolongation North 49°19'41" West 60.00 feet to the southerly corner of said Parcel 2; thence
continuing along said southwesterly line North 49°19'41" West 758.72 feet to the westerly corner
of said Parcel 2, also being the southerly corner of Tract No. 18082 as shown on a map filed in
Book 969, Pages 12 through 16 of Miscellaneous Maps in said Office of the County Recorder of
Orange County; thence along the northwesterly line of said Parcel 2 and the southeasterly
boundary line of said Tract No. 18082, North 40'40'19" East 198.54 feet to the TRUE POINT
OF BEGINNING; thence leaving said northwesterly line and said southeasterly boundary line at
a right angle South 49°19'41" East 13.00 feet to a line parallel with and 13.00 feet southeasterly
from said northwesterly line; thence along said parallel line North 40°40'19" East 10.47 feet;
thence South 49°19'41" East 5.00 feet; thence North 40°40'19" East 10.00 feet; thence
North 49°19'41" West 5.00 feet to a line parallel with and 13.00 feet southeasterly from said
northwesterly line; thence along said parallel line North 40'40'19" East 302.22 feet to the
beginning of a tangent curve concave southerly and having a radius of 25.00 feet; thence along
said curve northeasterly and easterly 37.98 feet through a central angle of 87°02'27"; thence
tangent from said curve South 52°17'14" East 386.90 feet, said course hereinafter referred to as
Course "A"; thence South 37°42'46" West 4.00 feet; thence South 52'17'14" East 10.00 feet;
thence North 37°42'46" East 2.75 feet; thence South 29°47'14" East 30.71 feet; thence
South 52°17'14" East 289.10 feet, said course hereinafter referred to as Course "B", to the general
westerly right-of-way line of Armstrong Avenue as shown on said Parcel Map 2015-168, said
point being on a non -tangent curve concave northwesterly and having a radius of 1354.04 feet, a
radial line of said curve from said point bears North 59°39'08" West; thence along said general
westerly right-of-way line and said curve northeasterly 52.58 feet through a central angle of
02'13'29" to a line parallel with and 52.00 feet northeasterly from said Course `B"; thence along
said parallel line, non -tangent from said curve North 52°17'14" West 281.35 feet; thence
North 74°47'14" West 10.45 feet to a line parallel with and 35.00 feet northeasterly from said
Course "A"; thence along said parallel line North 52'l T14" West 411.22 feet to the beginning of
Pagel of 3
DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8
Irvine Ranch Water District
Pipeline Easement
Exhibit "A"
47 a tangent curve concave easterly and having a radius of 25.00 feet; thence along said curve
48 northwesterly and northerly 40.56 feet through a central angle of 92°57'33" to a line parallel with
49 and 13.00 feet southeasterly from said northwesterly line of Parcel 2; thence along said parallel
50 line, tangent from said curve North 40°40'19" East 376.42 feet; thence South 49°19'41" East 5.00
51 feet; thence North 40°40'19" East 12.00 feet; thence North 49°19'41" West 5.00 feet to a line
52 parallel with and 13.00 feet southeasterly from said northwesterly line; thence along said parallel
53 line North 40°40'19" East 248.93 feet; thence South 49°19'41" East 5.00 feet; thence
54 North 40°40'19" East 10.00 feet; thence North 49°19'41" West 5.00 feet to aline parallel with and
55 13.00 feet southeasterly from said northwesterly line; thence along said parallel line
56 North 40'40'19" East 50.89 feet to the beginning of a tangent curve concave southeasterly and
57 having a radius of 45.00 feet; thence along said curve northeasterly 36.76 feet through a central
58 angle of 46'48'19" to a point of tangency with a line parallel with and 7.50 feet southerly from the
59 northerly line of said Parcel 2; thence along said parallel line, tangent from said curve
60 North 87°28'38" East 16.62 feet to the beginning of a tangent curve concave southwesterly and
61 having a radius of 5.00 feet; thence along said curve easterly 3.05 feet through a central angle of
62 34°59'31"; thence tangent from said curve South 57°31'51" East 9.52 feet to the beginning of a
63 tangent curve concave northeasterly and having a radius of 45.00 feet; thence along said curve
64 easterly 27.48 feet through a central angle of 34°59'31" to a point of tangency with a line parallel
65 with and 22.00 feet southerly from said northerly line of Parcel 2; thence along said parallel line,
66 tangent from said curve North 87°28'38" East 223.81 feet to the general westerly right-of-way line
67 of Armstrong Avenue as shown on said Parcel Map 2015-168; thence along said general westerly
68 right-of-way line North 08°18'27" East 22.40 feet to said northerly line of Parcel 2; thence along
69 said northerly line and said northwesterly line of Parcel 2 South 87°28'38" West 311.38 feet and
70 South 40°40'19" West 1123.60 feet to the TRUE POINT OF BEGINNING.
71
72 CONTAINING: 1.189 Acres, more or less.
73
74
75 PARCEL 2
76
77 That certain parcel of land situated in the City of Tustin, County of Orange, State of California,
78 being that portion of Parcel 2 of Parcel Map No. 2015-168 as shown on a map thereof filed in
79 Book 388, Pages 26 and 27 of Parcel Maps in the Office of the County Recorder of said Orange
80 County, lying within a strip of land 10.00 feet wide, the southwesterly line of which is described
81 as follows:
82
83 COMMENCING at Orange County Surveyor Horizontal Control Station "GPS No. 6535"
84 California Coordinate System (CCS83) Zone VI NAD 1983 (1991.35 Epoch OCS GPS
85 Adjustment) monumenting the intersection of the centerline of Barranca Parkway with the
86 centerline of Armstrong Avenue as shown on said Parcel Map No. 2015-168; thence along said
87 centerline of Armstrong Avenue North 40°40'20" East 110.00 feet to the southeasterly
88 prolongation of the southwesterly line of said Parcel 2 of said map; thence along said southeasterly
89 prolongation North 49'19'41 " West 60.00 feet to the southerly corner of said Parcel 2; thence along
90 the southeasterly line of said Parcel 2, also being the general westerly right-of-way line of
91 Armstrong Avenue as shown on said map, North 40°40'20" East 223.83 feet to the TRUE POINT
Page 2 of 3
DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8
Irvine Ranch Water District
Pipeline Easement
Exhibit "A"
OF BEGINNING; thence leaving said general westerly right-of-way line North 49°19'40" West
12.00 feet.
The sidelines of said strip of land shall be lengthened or shortened so as to terminate southeasterly
in said general westerly right-of-way line of Armstrong Avenue.
CONTAINING: 120 Square Feet, more or less.
PARCEL 3
That certain parcel of land situated in the City of Tustin, County of Orange, State of California,
being that portion of Lot `BB" of Tract No. 17144 as shown on a map thereof filed in Book 906,
Pages 5 through 14 of Miscellaneous Maps in the Office of the County Recorder of said Orange
County, lying within a strip of land 40.00 feet wide, the westerly line of which is described as
follows:
BEGINNING at a point in the northerly boundary line of Tract No. 18082 as shown on a map
thereof filed in Book 969, Pages 12 through 16 of Miscellaneous Maps in said Office of the County
Recorder of Orange County, distant thereon South 87°39'30" West 118.11 feet from the
northeasterly corner of Lot 4 of said Tract No. 18082, also being a point of intersection with the
westerly line of said Lot `BB" of Tract No. 17144; thence along said westerly line
North 02°20'30" West 320.07 feet.
The sidelines of said strip of land shall be lengthened or shortened so as to terminate southerly in
said northerly boundary line of Tract No. 18082.
CONTAINING: 12,803 Square Feet, 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.
08/30/2022
Steven C. Slocum, P.L.S. 9044 Date
131
132 Michael Baker International
133 5 Hutton Centre, Suite 500
134 Santa Ana, California 92707
135 JN 163349
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DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8
ITY OF IRVINE
C/L B RANCA PARKWAY L
RECORD REFERENCES LEGEND
( ) RECORD DATA AS NOTED
R1 PARCEL MAP NO. 2015-168,
P.M.B. 388/26-27
R2 TRACT NO. 18082,
M.M. 969/12-16
R3 TRACT NO. 17144
M.M. 906/5-14
EXHIBIT "B"
SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR
IRVINE RANCH WATER DISTRICT
PIPELINE EASEMENT
H:
i
T.P.O.B.
PARCEL 2
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P.O.C.
PARCEL I & 2
A DENOTES ORANGE COUNTY SURVEYOR
HORIZONTAL CONTROL STATION MONUMENT
"GPS NO. 6535" PER R2
O2 SHEET NUMBER
AC. ACRES
R.O.W. RIGHT—OF—WAY
S.F. SQUARE FEET
SHEET 10F 8 SHEETS
INDEX SHEET
I N T E R N AT 1 0 N A L
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
(949) 472-3505 - MBAKERINTL.COM
AUGUST 30, 2022 148280
DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8
TRACT 1\10. 1 80832
KK 969/12-16
JT 83
T.P.O.B.
PARCEL 1
JT 10
SE'LY BOUNDARY LINE
TRACT NO. 18082
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EXHIBIT "B"
SKUCH TO ACCWPANYA NOTES
LEGAL DESCRIPTION FOR
IRVINE RANCH WATER DISTRICT
PIPELINE EASEMENT
1. SEE SHEET 1 FOR INDEX MAP,
LEGEND & RECORD REFERENCES.
2. SEE SHEET 8 FOR LINE & CURVE
DATA TABLES.
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5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
(949) 472-3505 - MBAKERINTL.COM
AUGUST 30, 2022 148280
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EXHIBIT "B"
SKUCH TO ACCWPANYA NOTES
LEGAL DESCRIPTION FOR
IRVINE RANCH WATER DISTRICT
PIPELINE EASEMENT
1. SEE SHEET 1 FOR INDEX MAP,
LEGEND & RECORD REFERENCES.
2. SEE SHEET 8 FOR LINE & CURVE
DATA TABLES.
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I N T E R N AT 1 0 N A L
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Santa Ana, CA 92707
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AUGUST 30, 2022 148280
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(758.72')R1/R2
~ (N49°19'41"W 818.72')R1/R2
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-...--- C/L BARRANCA PARKWAY
EXHIBIT "B"
SKUCH TO ACCWPANYA NOTES
LEGAL DESCRIPTION FOR
IRVINE RANCH WATER DISTRICT
PIPELINE EASEMENT
1. SEE SHEET 1 FOR INDEX MAP,
LEGEND & RECORD REFERENCES.
2. SEE SHEET 8 FOR LINE & CURVE
DATA TABLES.
H:\PDATA\148280\CADD\MAPPING\EXHIBITS\IRWD\148280-IRWD-PCL2-SHEET.DWG TRAI 8/30/22 2:24 pm
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I N T E R N AT 1 0 N A L
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
(949) 472-3505 - MBAKERINTL.COM
AUGUST 30, 2022 148280
DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8
TKIACT 1\10, 18082
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TRACT NO. 18082
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1k1\11, 969/12-16
EXHIBIT "B"
SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR
IRVINE RANCH WATER DISTRICT
PIPELINE EASEMENT
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SHEET 3 OF 8 SHEETS I
I N T E R N AT 1 0 N A L
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
(949) 472-3505 - MBAKERINTL.COM
AUGUST 30, 2022 148280
DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8
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LEGAL DESCRIPrION FOR -CIL j�W�RQI N TE R N A T 1 0 N A L
IRVINE RANCH WATER DISTRICT 5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
PIPELINE EASEMENT
(949) 472-3505 - MBAKERINTL.COM
AUGUST 30, 2022 148280
H:\PDATA\148280\CADD\MAPPING\EXHIBITS\IRWD\148280-IRWD-PCL2-SHEET.DWG TRAI 8/30/22 2:20 pm
DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8
NOTES — SEE SHEET 6 —
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IRVINE RANCH WATER DISTRICT
Santa Ana, CA 92707
PIPELINE EASEMENT
— SEE
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(949) 472-3505 - MBAKERINTL.COM
AUGUST 30, 2022 148280
:\PDATA\148280\CADD\MAPPING\EXHIBITS\IRWD\148280-IRWD-PCL2-SHEET.DWG TRAI 8/30/22 2:18 pm
DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8
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LEGAL DESCRIPTION FOR
IRVINE RANCH WATER DISTRICT
PIPELINE EASEMENT
N'LY LINE PCL. 2
P.M. NO. 2015-168
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4:\PDATA\148280\CADD\MAPPING\EXHIBITS\IRWD\148280-IRWD-PCL2-SHEET.DWG TRAI 8/30/22 2:16 pm
NOTES
1. SEE SHEET 1 FOR INDEX MAP,
LEGEND & RECORD REFERENCES.
2. SEE SHEET 8 FOR LINE & CURVE
DATA TABLES.
SHEET 6 OF 8 SHEETS I
I N T E R N AT 1 0 N A L
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
(949) 472-3505 - MBAKERINTL.COM
AUGUST 30, 2022 148280
DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8
PARCEL 2
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�A SOUTHERN CALIFORNIA EDISON COMPANY
EASEMENT FOR ACCESS & DRY UTILITY PURPOSES
PER INSTRUMENT NO. 2014000249989, O.R.
(RECORDED 06/25/2014)
VARIES
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P.M. NO. 2015-168
(758.72')R1/R2=\!:,_ _ (60.00')R1/R2
(N49°19'41"W 818.72')R1/R2
EXHIBIT "B"
SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR
IRVINE RANCH WATER DISTRICT
PIPELINE EASEMENT
P.O.C.
PARCEL 1 & 2
_z— C/L BARRANCA PARKWAY
Klf%TCO
1. SEE SHEET 1 FOR INDEX MAP,
LEGEND & RECORD REFERENCES.
2. SEE SHEET 8 FOR LINE & CURVE
DATA TABLES.
�:\PDATA\148280\CADD\MAPPING\EXHIBITS\IRWD\148280-IRWD-PCL2-SHEET.DWG TRAI 8/30/22 2:14 pm
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I N T E R N AT 1 0 N A L
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
(949) 472-3505 - MBAKERINTL.COM
AUGUST 30, 2022 148280
DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8
R1/R2
TRACT JNJ O. 171414
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1. SEE SHEET 1 FOR INDEX MAP,
LEGEND & RECORD REFERENCES.
EXHIBIT "B"
SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR
IRVINE RANCH WATER DISTRICT
PIPELINE EASEMENT
CURVE
DATA TABLE
BEARING
NO.
DELTA
RADIUS
LENGTH
C1
87°02'27"
25.00'
37.98'
C2
02°13'29"
1354.04'
52.58'
C3
92°57'33"
25.00'
40.56'
C4
46°48'19"
45.00'
36.76'
C5
34°59'31"
5.00'
3.05'
C6
34°59'31"
45.00'
27.48'
C7
(01°48'16"
1452.04'
45.73')
R1/R2
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1. SEE SHEET 1 FOR INDEX MAP,
LEGEND & RECORD REFERENCES.
EXHIBIT "B"
SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR
IRVINE RANCH WATER DISTRICT
PIPELINE EASEMENT
R 1 /R2
108°18'27"E 107.99') R1/R2
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N'LY BOUNDARY LINE
TRACT NO. 18082 INTERNATIONAL
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
(949) 472-3505 - MBAKERINTL.COM
AUGUST 30, 2022 148280
I:\PDATA\148280\CADD\MAPPING\EXHIBITS\IRWD\148280-IRWD-PCL2-SHEET.DWG TRAI 8/30/22 2:11 pm
LINE DATA TABLE
NO.
BEARING
LENGTH
L1
(N40°40'20"E
110.00')
L2
S49°19'40"E
12.00'
L3
S49°19'41"E
13.00'
L4
N40°40'19"E
10.47'
L5
S49°19'41"E
5.00'
1-6
N40°40'19"E
10.00'
L7
N49°19'41"W
5.00'
L8
S37°42'46"W
4.00'
L9
S52°17'14"E
10.00'
L10
N37°42'46"E
2.75'
111
S29°47'14"E
30.71'
L12
N74°47'14"W
10.45'
L13
S49°19'41"E
5.00'
L14
N40°40'19"E
12.00'
L15
N49°19'41"W
5.00'
L16
S49°19'41"E
5.00'
L17
N40°40'19"E
10.00'
L18
N49°19'41"W
5.00'
L19
N40°40'19"E
50.89'
L20
N87°28'38"E
16.62'
L21
S57°31'51"E
9.52'
L22
R 1 /R2
108°18'27"E 107.99') R1/R2
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TRACT x\10. 18082
IM, IM, 969/ 1 2-16
L J T 2f SHEET 8 OF 8 SHEETS
N'LY BOUNDARY LINE
TRACT NO. 18082 INTERNATIONAL
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
(949) 472-3505 - MBAKERINTL.COM
AUGUST 30, 2022 148280
I:\PDATA\148280\CADD\MAPPING\EXHIBITS\IRWD\148280-IRWD-PCL2-SHEET.DWG TRAI 8/30/22 2:11 pm
DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8
ATTACHMENT 2
Grant of Easement for domestic water facilities over a Portion
of Lot 1 of TR 18197
DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8
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. E2568
WITH A CONFORMED COPY TO:
City of Tustin
300 Centennial Way
Tustin, CA 92780
Attn: City Clerk
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 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 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
7586W Esmt.docx
DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8
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.
2
7586W Esmt.docx
DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8
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)
3
7586W Esmt.docx
DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8
APPROVED AS TO FORM:
David E. Kendig, City Attorney
ATTEST:
Erica N. Yasuda, City Clerk
DATED:
APPROVED AS TO FORM:
0
General Counsel
CITY OF TUSTIN
Austin Lumbard, Mayor
GRANTEE:
IRVINE RANCH WATER DISTRICT
ica
2
Paul A. Cook, General Manager
7586W Esmt.docx
DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8
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
5
7586WEsmt.docx
DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8
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
7586WEsmt.docx
DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8
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
LIM
Leslie Bonkowski
Secretary to Board of Directors
7
7586WEsmt.docx
DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8
EXHIBIT A
LEGAL DESCRIPTION
FOR IRWD EASEMENT WITHIN LOT 1 TRACT NO. 18197
A 10.00 FOOT WIDE STRIP OF LAND LYING WITHIN LOT 1 OF TRACT NO. 18197, IN THE
CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS MAP FILED IN BOOK
990 PAGES 25 THROUGH 33, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, THE WESTERLY LINE DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE
SHOWN AS "NORTH 73000'00" WEST 642.06 FEET" ON THE GENERALLY NORTHERLY
LINE OF SAID LOT 1;
THENCE ALONG SAID GENERALLY NORTHERLY LINE SOUTH 73000'00" EAST 114.57
FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID GENERALLY NORTHERLY LINE, SOUTH 17°00'00" WEST 10.00
FEET.
THE ABOVE DESCRIBED PARCEL CONTAINS 100 SQUARE FEET, MORE OR LESS.
AS SHOWN ON EXHIBIT B, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
THIS DESCRIPTION WAS PREPARED BY ME, OR UNDER MY DIRECTION, IN
CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS' ACT.
U CLQ
-j--0- -
KURT R. TROXELL, P.L.S. 7854
DATE PREPARED: 7/5/2022
EXHIBIT A - Page 1 of 1
M:\Mapping\308\081\Legals\IRWD\308-081 IRWD.doc
DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8
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EXHIBIT B
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CITY OF TUSTIN
CITY OF IRVINE
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BARRANCA PARKWAY
LINE LEGEND:
SUBJECT PROPERTY LINES
CENTERLINES
EASEMENT LINES
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7/5/2022
M:\Mapping\308\081\Legals\IRWD\308-081 IRWD.dwg I PLOT: 7/5/2022 3:59:03 PM
ADJACENT PROPERTY LINES 200'
0'
100' 200'
SCALE: 1 "
= 200'
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EXHIBIT B
DATE: July 5,
2022
E N 6 I N E E R i x e
FN: 308-081 IRWD
DRAWN BY: CS
PLAT TO ACCOMPANY LEGAL DESCRIPTIO]CHECKED
16795 Von Karman, Suite 100
Irvine, California 92606
BY:
KRT
tel 949.474.1960 C fax 949.474.5315
of: IRWD EASEMENT
www.fuscoe.com
SHEET 1 OF 1
M:\Mapping\308\081\Legals\IRWD\308-081 IRWD.dwg I PLOT: 7/5/2022 3:59:03 PM
DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8
ATTACHMENT 3
Location Map of Easements
DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8 ,
EXISTING' '
WATER & SEWER
EASEMENT PER
INST.2018000091180
PROPOSED
WATER & SEWER
EASEMENT
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PROPOSED
WATER & SEWER
EASEMENT may¢
PROPOSED
Ana, -� _ k WATER EASEMENT
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STIN FLI GHQ
-_ THE LANDING
PROPOSED
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►� WATER & SEWER — O
EASEMENT
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PROPOSED EASEMENTS FROM CITY OF TUSTIN 1 inch = 300 feet