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Home My WebLink About07 APPROVE GRANT OF EASEMENT TO SCEDocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F 7 Agenda Item DS AGENDA REPORT C ty/Manager Finance Director N/A MEETING DATE: NOVEMBER 7, 2023 TO: NICOLE BERNARD, ACTING CITY MANAGER FROM: MICHAEL GRISSO, ACTING DIRECTOR OF PUBLIC WORKS SUBJECT: APPROVE GRANT OF EASEMENT TO THE SOUTHERN CALIFORNIA EDISON COMPANY OVER A PORTION OF LOT B OF TR 18197 FOR THE RELOCATION OF EXISTING TRANSFORMER IN CONFLICT WITH PROPOSED JOHN JOHNSON WAY AT TUSTIN LEGACY SUMMARY: The future construction of John Johnson Way in Neighborhood D South at Tustin Legacy necessitates the provision of easements for the relocation of an existing SCE transformer that is in conflict with the proposed roadway. 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 relocating the existing transformer. 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 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 Neighborhood D South Phase 2 project. Michael Baker International as the design engineer has approved the easement in coordination with SCE. 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. chae 1 -6 risso Acting Director of Public Works Attachments: 1. Grant of Easement Document for SCE Company — Warner Ave, relocation of transformer DocuSign Envelope ID: 6EA22186-lF25-4BFA-9167-587106976A9F RECORDING REQUESTED BY �'® SOUTHERN CALIFORNIA :F EDISON An EDISON INTERNATIONAL Company WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY 2 INNOVATION WAY, 2nd FLOOR POMONA, CA 91768 Attn: Title and Real Estate Services SCE Doc. No. GRANT OF EASEMENT SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $ NONE Central OC TD2126447 VALUE AND CONSIDERATION LESS THAN $100.00) SCE Company GVM MT-2329-Al 7PPROVE17— BY DATE SIG. OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME APN 430-481-26 VEGETTAATIION& SLS/CG 08/25/23 MANAGEMENT CITY OF TUSTIN, a California municipal corporation (hereinafter referred to as "Grantor'), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred 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, underground 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 AND SKETCH TO ACCOMPANY LEGAL DESCRIPTION, SEE EXHIBITS "A" AND "B" BOTH ATTACHED HERETO AND MADE A PART HEREOF. Grantor further grants, bargains, sells and conveys unto the Grantee the right of assignment, in whole or in part, to others, without limitation, 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. Grantor agrees for himself, his heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real property. The 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 exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, 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: 6EA22186-1F25-4BFA-9167-587106976A9F EXECUTED this day of 20 GRANTOR CITY OF TUSTIN, a California municipal corporation Signature Print Name Title 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 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) DSE802295818 TD2126447 DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F EXECUTED this day of 120 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 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) DSE802295818 TD2126447 DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F EXi1.IBIT "A" A 10.00 FOOT WIDE STRIP OF LAND LYING WITHIN LOT "B" 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, CALIFORNIA, THE CENTERLINE OF SAID STRIP IS DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF JOHN JOHNSON WAY, 56.00 FEET WIDE, WITH THE CENTERLINE OF WARNER AVENUE, WIDTH VARIES, AS SHOWN ON TRACT NO. 18197, SAID POINT BEING IN A CURVE IN THE CENTERLINE OF SAID WARNER AVENUE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1400.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 17024'55" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02"27'21" AN ARC DISTANCE OF 60.01 FEET; THENCE ALONG A RADIAL LINE OF SAID CURVE, SOUTH 19°52'16" WEST 76.61 FEET TO THE SOUTHWESTERLY LINE OF SAID WARNER AVENUE AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RADIAL LINE, SOUTH 19152' 16" WEST 9.00 FEET TO A POINT OF ENDING. THE SIDELINES OF SAID STRIP ARE TO BE SHORTENED TO TERMINATE NORTHERLY IN THE SOUTHWESTERLY AND SOUTHEASTERLY LINES OF SAID WARNER AVENUE. FOR SKETCH TO ACCOMPANY LEGAL DESCRIPTION, SEE EXHIBIT "B" ATTAC14ED HERETO AND MADE A PART HEREOF. Prepared by me or under any supervision: Dated. ! ( , 2023 Glenn. Bakke R.C.E. #18619 Exp. 06-30-2025 N. 6-18619 M Exp CA DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F EXHIBIT 111311 ,72�,, N17-24'55"E (RAD),�-402- ' 0 21- 0. V Poc o /" TPOB (-V o �� 28- 28, Co �� - o� SCE EASEMENT 10' WIDE LOT "B" TRACT NO. 18197 M.M. 990/25-33 o� M. o r C�*) No. C-18 19 Q) Exp 30 0 30 60 scale 1 "= 30' feet LEGEND r---" DENOTES L --- i SCE EASEMENT AREA POC = POINT OF COMMENCEMENT TPOB = TRUE POINT OF BEGINNING clvl\, OF Dated , 2023 Glenn M. Bakke R.C.E.# 18619 Exp. 6-30-25