HomeMy WebLinkAboutCC AG PKT 2006-04-24 #P1
AGENDA REPORT
DATE: April 24, 2006
TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
FROM: Mark Vukojevic, Director of Public Works/City Engineer
SUBJECT: APPROVING GRANT OF EASEMENT TO THE
ORANGE COUNTY FLOOD CONTROL DISTRICT FOR
ACCESS ACROSS A WESTERLY PORTION OF CITY
CORPORATION YARD PROPERTY
SUMMARY OF REQUEST:
The proposed City Council action will approve Resolution No. _ approving a Grant
of Easement to the Orange County Flood Control District for access across a westerly
portion of the City Corporation Yard property.
BACKGROUND:
The Orange County Flood Control District (District) is in the process of designing a flood
control pump station to be reconstructed at the Los Alamitos Retarding Basin (Retarding
Basin) located northwest of the City Corporation Yard. The flood control pump station
will improve the operation of the Retarding Basin which will improve flood control
capacity in and around the City of Seal Beach.
In order to maintain the flood control pump station properly. the District has requested
that the City grant an access easement across a westerly portion of the City Corporation
Yard to the District which will allow the District to access the pump station from Seal
Beach Blvd, by way of Adolfo Lopez Drive. The easement being requested is the same
easement that is being proposed for the Hellman property access needed to their oil fields
from Adolfo Lopez Drive which was agreed to by the City as part of the Hellman
Subdivision Tract No. 15402 Agreement.
The District has additionally requested an access easement from Hellman Properties,
LLC on the northerly portion of the Hellman property adjacent to and along the southerly
side of the Retarding Basin. This easement would connect with the access easement now
being proposed from the City to the District across a westerly portion of the City
Agenda Item P I
Corporation Yard. These connecting easements would allow the District good access to
their proposed flood control pump station.
The area of the proposed easement is located along the westerly side of the Animal
Shelter property and provides access from Adolfo Lopez Drive to the Hellman property
and does not interfere with any of the active area of the City Corporation Yard,
The Grant of Easement also sets forth conditions for the District to repair and maintain
the surface improvements, such as pavement and driveway approach, and to repair any
damage done by the District to surface or underground facilities at the District's expense.
FISCAL IMPACT:
There will be no fiscal impact to the City.
RECOMMENDATION:
It is recommended that the City Council approve Resolution No. approving the
Grant of Easement to the Orange County Flood Control District for access across a westerly
portion of the City Corporation Yard property.
Prepared By:
,~
Sean Crumby, P,E.
Deputy City Engineer
Reviewed By:
?;Ii{. ~
Mark K. Vukojevic, P,E,
Director of Public Works/City Engineer
Attachments: Grant of Easement to Orange County Flood Control District
Resolution No._ Acceptance of Easement Deed
Agenda Item
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Seal Beach
Attention: City Clerk
211 Eighth Street
Seal Beach, CA 90740
GRANT OF EASEMENT
SPACE ABOVE TInS LINE FOR RECORDER'S USE
THE CITY OF SEAL BEACH, a California Municipal Corporation, and Charter
City hereinafter designated "Grantor or City" does, for a valuable consideration, the
receipt of which is hereby acknowledged, grant and convey on this the _ day of
.20-, THIS GRANT OF EASEMENT, hereinafter designated "Easement",
being a non-exclusive easement as described in Exhibit "A" and Exhibit "B" attached
hereto and made a part of the description, to the ORANGE COUNTY FLOOD
CONTROL DISTRICT, a body corporate and politic, hereinafter designated as "Grantee
or District", subject to the terms and conditions set forth below, for the specific purpose
of permitting Grantee the right to take access over and across that portion of Grantor's
property as described in Exhibit "A" and Exhibit "B" (the Easement Area).
Grantor herein reserves the right to grant to others an easement or easements over,
upon or on the surface of the above described easement.
By acceptance of the Easement created hereby, Grantee covenants and agrees with
Grantor as follows:
1. Reservation ofRil!:hts: Maintenance. Renair. Renlacement. and Relocation
of Certain Facilities Within Easement Area. Grantor hereby reserves and
retains all other property rights in and to the Easement Area, including
without limitation, the rights to (a) use the Easement Area for any purpose
whatsoever, so long as such use does not unreasonably interfere with
Grantee's rights hereunder (it being expressly understood that the use of
the surface of the Easement Area for vehicular traffic, pedestrian traffic,
landscaping, parking, signage, maintenance and repair of facilities
installed in and on Easement Area shall be deemed not to unreasonably
interfere with Grantee's rights hereunder) and (b) locate or relocate
electric, gas, water, and sewer lines and other utilities in the Easement
Area, so long as such improvements do not unreasonably interfere with
Grantee's permitted use of the Easement Area.
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Grantor, its successors and assigns and persons occupying or lawfully
present on the Easement Area shall not be liable for damage, if any, which
may be caused by normal and reasonable use of, or vehicular or pedestrian
traffic over, the Easement Area by Grantee.
2. Restricted Access due to Emergencv. Grantee agrces that access to the
Easement Area may be restricted by Grantor in the case of an emergency
requiring the maintenance, replacement, repair and/or removal of the
above noted facilities. Grantor will endeavor to minimize the time
required to eliminate the emergency and the time required for restricted
access.
3. Other Easements and Uses of Easement Area. Grantee acknowledges that
the Easement Area contains other easements for use and access and that
Grantor may, at Grantor's discretion, create or eliminate such other
easements as Grantor deems appropriate. Grantor agrees other easements
or uses granted or allowed by Grantor on or within the Easement Area will
not be allowed to unreasonably interfere with Grantee's right to take
access over and across the Easement Area.
4. Maintenance of Surface Imorovements Within Easement Area. Grantee
agrees that it will provide 50% of the cost of the maintenance and repair of
surface facilities within the Easement Area, including asphalt concrete
pavement, base rock, dirt and slope maintenance, fencing, irrigation, and
landscaping and other items that may be installed from time to time.
Grantor agrees to exercise and to require others using the Easement Area
to exercise due care to not clAmage any of the surface facilities within the
Easement Area.
5. Removal of Ex is tine: Water Line. Grantee agrees to remove, at no cost to
Grantor, the existing City of Seal Beach water line within the County of
Orange Los Alamitos Retarding Basin ("Retarding Basin") which was
originally installed under Orange County Permit No. 09768.
6. Grant of Access and Water Line Easement. Grantee agrees to grant to the
City of Seal Beach ("City") a 30 foot wide access and water line casement
("City Easement)" for access and construction of water lines in, over on,
under, upon, along, across, and through the Retarding Basin (AP# 095-
010-36) service road along the southerly 500 feet of the east service road
and along the full length of the south side service road as described in
Exhibit "C" and shown in Exhibit "D". The City Easement will provide
access and will allow the City to construct a new water line tie from the
City's existing water line at the southwest comer of the Retarding Basin to
the City's existing water line in Adolfo Lopez Drive. Damages to
District's property resulting from City's use of the City Easernent shall be
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repaired by City to the satisfaction of District at City's cost. Access to the
City Easement will be taken from the westerly end of Adolfo Lopez Drive,
the City of Seal Beach Corporation Yard Property, and the Hellman
Property adjacent to the Los Alamitos Retarding Basin.
7. Prohibition Al!ainst Liens, Grantee shall not permit any mechanics',
materialmen's or othcr liens to be filed against Grantor's property or any
part thereof for work or materials furnished Grantee in connection with the
Easement, and Grantee agrees to indemnify, defend and hold Grantor
harmless from and against the same.
8. Indemnification. To the extent permitted by applicable law, Grantee shall
indemnify, defend and hold harmless Grantor from and against any and all
claims, demands, losses, damages, costs and expenses (including but not
limited to court costs, penalties and reasonable attorneys' fees), judgments,
liabilities and causes of action of any nature whatsoever resulting from or
relating to the use or occupancy of the Easement Area by Grantee or arising
in any manner out of the acts or omissions of Grantee or its agents or
ernployees or any other persons acting under Grantee's direction or control in
connection with the Easement or with the use or occupancy of the Easement
Area. The indemnity obligations noted herein shall survive any termination
of the Easement.
9. No Reoresentations or Warranties: Subiect to Encumbrances. Grantee
agrees that it is accepting the Easement without any warranty or
representation regarding the Easement or the Easement Area, and subject
to all valid and existing licenses, leases, grants, exceptions, encumbrances,
title, defects, matters ofrecord, reservations and conditions affecting
Grantor's property and/or affecting access thereto.
10. Condemnation, Grantee shall not claim or declare any fee interest in and
to the Easement Area, and in the event of eminent domain proceedings or
settlement pursuant thereto, Grantee shall make no claim against the award
or compensation accruing out of or resulting from such event, save and
except any payment made to Grantee for damage to the surface facilities or
with respect to removing or relocating the same,
11. Attomevs' Fees. If either party brings an action at law or in equity to
enforce or interpret this agreement, the prevailing party in such action shall
be entitled to recover reasonable attorneys' fees and court costs for all stages
oflitigation, including, but not limited to, appellate proceedings, in addition
to any other remedy granted.
12. Successors and Assil!DS. The terms "Grantor" and "Grantee", wherever
used in this instrument, are intended in each instance to include the
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successors and assigns of Grantor as the owner of the Easement Area, and
Grantee as the owner of the surface facilities; provided however, that any
liability or obligation of Grantor as to future events shall terminate upon
the transfer of ownership of the Easement Area.
13. Miscellaneous, This agreement shall be governed by and construed in
accordance with the laws of the State of California. This agreement shall
not be construed strictly for or against either Grantor or Grantee.
By its acceptance of this instrument, Grantee certifies to Grantor that it is authorized
to and hereby accepts and agrees to the same, and that its covenants and agreements herein
above stated constitute legal and binding obligations of Grantee and are enforceable against
Grantee in accordance with their terms.
IN WITNESS WHEREOF, the undersigned has executed this instrument as of the
date first above written.
CITY OF SEAL BEACH,
a Municipal Corporation and Charter City
Signed:
Mayor
Acknowledged:
City Clerk
4 of 11
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
)
COUNTY OF )
On before me, a
Notary Public for the State of California, personally appeared
personally known to me (or proved to me on the
basis of satisfl1-Ctory evidence) to be the person(s) whose narne(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in
his/her/their 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 instrwnent.
WITNESS my hand and official seal.
Signature
5 of 11
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the within deed or grant to
the ORANGE COUNTY FLOOD CONTROL DISTRICT, a bo~y corporate and politic is
hereby accepted by order of the Board of Supervisors of the County of Orange,
California, acting as the governing board of the ORANGE COUNTY FLOOD
CONTROL DISTRICT, and the ORANGE COUNTY FLOOD CONTROL DISTRICT
consents to recordation thereof by its duly authorized officer.
ORANGE COUNTY FLOOD CONTROL DISTRICT
Dated:
By:
Chairman, Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY
OF THE DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD.
ATTEST:
Darlene J. Bloom
Clerk of the hoard of aupervilors
Oraoge County Flood Control District
Oranlle County, California
Approved as to fonn:
County Counsel
By:
Deputy
Date:
6 of 11
EXHIBIT "A"
(ACCESS EASEMENT)
APN NO. 095-410-51
THAT PORTION OF PARCEL 1. IN THE CI"TY OF SEAL BEACH, COUN"TY OF ORANGE, STATE OF
CALIFORNIA, AS'SHOWN ON MAP FILED IN BOOK 94, PAGE 1 OF PARCEL MAPS, IN THE OFFICE OF THE
COUN"TY RECOR.DER OF SAID COUN"TY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL 1, SAID CORNER BEING AN ANGLE
POINT IN THE NORTHEASTERLY LINE OF THE LAND SHOWN "DESIGNATED REMAINDER PARCEL" ON
TRACT NO. 15402 RECORDED IN BOOK 832. PAGES 38 THROUGH 44 INCLUSIVE OF MISCELLANEOUS
MAPS, RECORDS OF SAID COUN"TY; THENCE ALONG THE SOUTHWESTERLY LINE OF SAIO PARCEL 1
AND ALONG SAID NORTHEASTERLY LINE OF SAID "DESIGNATED REMAINDER PARCEL", SOUTH
64842'55" EAST 65.27 FEET TO A POINT, SAID POINT BEING THE BEGINNING OF A NON.TANGENT CURVE
CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 91.00 FEET, A RADIAL LINE OF SAID CURVE
FROM SAID POINT BEARS NORTH 17'27'33" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE
THROUGH A CEI!lTRAL ANGLE OF 41803"3" AN ARC DISTANCE OF 79.66 FEET; THENCE NORTH 25829'14"
EAST 114.1"3 FEET TO THE SOUTHWESTERLY LINE OF ADOLFO LOPEZ DRIVE, 80 FEET WIDE, AS
SHOWN ON SAID TRACT NO, 15402; THENCE ALONG SAID LAST-MENTIONED SOUTHWESTERLY LINE,
NORTH 64442'13" WEST 35.00 FEET TO A LINE PARALLEL WITH AND DISTANT NORTHWESTERLY 35.00
FEET, MEASURED AT RIGHT ANGLES, FROM THAT CERTAIN COURSE HEREINBEFORE DESCRIBED AS
HAVING A BI;ARING AND DISTANCE OF "NORTH 25829'14'" EAST 114.13 FEET; THENCE ALONG SAID
PARALLEL LINE, SOUTH 25"29'14" WEST 114,01 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 62.00 FEET, SAID CURVE BEING
CONCENTRIC WITH SAID CURVE HE~EINBEFORE DESCRISED AS HAVING A RADIUS OF 97.00 FEET;
THENCE SOUTHWESTERLY AI.ONG SAID CURVE THROUGH A CENTRAL ANGLE OF 65853'45" AN ARC
DISTANCE OF 71.31 FEET; THENCE NORTH 88437'01" WEST 28.36 FEET TO THE WESTERLY LINE OF
SAID PARCEL 1; THENCE ALONG SAID WESTERLY LINE, SOUTH 01813'20" WEST 3.36 FEET TO THE
POINT OF BEGINNING.
CONTAINING 7,139 SQUARE FEET OR 0.164 ACRES. MORE OR LESS.
AS SHOWN ON EXHIBIT "S" ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED UNDER THE SUPERVISION OF:
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EXHIBIT "B"
(ACCESS EASEMENT)
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8 of 11
EXHIBIT "B"
(ACCESS EASEMENT)
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EXHIBIT "C"
(FUTURE WATER LINE AND ACCESS EASEMENT TO BE GRANTED
TO THE CITY OF SEAL BEACH BY THE ORANGE COUNTY FLOOD
CONTROL DISTRICT)
APN NO. 095-010-36
THAT PORTION OF PARCEL NO, C1-104 OF DEED TO ORANGE COUNTY FLOOD
CONTROL DISTRICT, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA,
RECORDED 1-27-1961 AS INSTRUMENT NO, 15591, IN BOOK 5609, AT PAGE 69 OF
OFFICIAL REDORDS IN THE OFFICE OF THE COUNTY RECORDER OF THE
COUNTY OF ORANGE, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL NO. C1-104 ,
SAID CORNER ALSO BEING AN ANGLE POINT IN THE NORTHEASTERLY LINE OF
THE LAND SHOWN AS "DESIGNATED REMAINDER PARCEL" ON TRACT NO.
15402 RECORDED IN BOOK 832, AT PAGES 38 THROUGH 44 INCLUSIVE OF
MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY; THENCE ALONG THE
SOUTHERLY LINE OF SAID PARCEL NO. C1-104, NORTH 89843'20" WEST, 380.00
FEET, TO AN ANGLE POINT; THENCE ALONG THE SOUTHWESTERLY LINE OF
SAID PARCEL NO, C1-104, NORTH 53829'39" WEST, 1116.68 FEET, TO AN ANGLE
POINT; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL NO. C1-
104, NORTH 89842'55' WEST, 310,00 FEET, TO AN ANGLE POINT; THENCE
ALONG THE WESTERLY LINE OF SAID PARCEL NO. C1-104, NORTH 0816'00'
EAST, 30.00 FEET; THENCE DEPARTING TO THE RIGHT FROM THE AFORESAID
LINE SOUTH 89842'55' EAST, 319.81 FEET, SAID LINE BEING PARALLEL TO AND
BEING 30.00 FEET PERPENDICULAR DISTANCE FROM THE ABOVE NOTED
PARCEL NO. C1-1 04 SOUTHWESTERLY LINE; THENCE SOUTH 53829'39" EAST,
1116.68 FEET, SAID LINE BEING PARALLEL TO AND BEING 30.00 FEET
PERPENDICULAR DISTANCE FROM THE ABOVE NOTED PARCEL NO. C1-104
SOUTHWESTERLY LINE; THENCE SOUTH 89843'20" EAST 340.15 FEET, SAID LINE
BEING PARALLEL TO AND BEING 30,00 FEET PERPENDICULAR DISTANCE FROM
THE ABOVE NOTED PARCEL NO. C1-104 SOUTHERLY LINE; THENCE NORTH
0816'50" EAST, 260,14 FEET, SAID LINE BEING PARALLEL TO AND BEING 30.00
FEET PERPENDICULAR DISTANCE FROM PARCEL NO, C1-104 EASTERLY LINE;
THENCE SOUTH 89843'10' EAST, 30.00 FEET, TO A POINT IN THE EASTERLY
LINE OF SAID PARCEL NO. C1-1 04; THENCE ALONG THE EASTERLY LINE OF
SAID PARCEL C1-104 SOUTH 0816'50' WEST, 290,17 FEET TO THE POINT OF
BEGINNING.
10 of 11
CONTAINING 61,988 SQUARE FEET OR 1.423 ACRES, MORE OR LESS.
AS SHOWN ON EXHIBIT "0" ATTACHED HERETO AND MADE A PART HEREOF.
EXHIBIT "0"
(FUTURE WATER LINE AND ACCESS EASEMENT TO BE GRANTED
TO THE CITY OF SEAL BEACH BY THE ORANGE COUNTY FLOOD
CONTROL DISTRICT)
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11 of 11
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH APPROVING A GRANT OF EASEMENT TO THE ORANGE
COUNTY FLOOD CONTROL DISTRICT FOR ACCESS ACROSS A
WESTERLY PORTION OF THE CITY CORPORATION Y ARB
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
WHEREAS, Th. Orange County Flood Control District (Di.trict) i. in the process of de.igning
a flood control pump station to be constructed in the Hellman property along the southerly side
of the Lo. Alamito. Retarding Ba.in (Retarding Basin) located west.rly of the City Corporation
Yard; and
WHEREAS. the proposed flood control pump .tation will improve the operation of the
Retarding Basin which will improve flood control capacity in and around tho City of Seal Be..h;
and
WHEREAS, in order to maintain the flood control pump station properly the District has
requested that tho City grant an acc... ....m.nt acro.. a westerly portion of tho City
COlpnration Yard to tho Di.trict which will allow tho Di.trict to acce.. tho pump station from
Seal B...h Blvd, by way of Adolfo Lopez Drive; and
WHEREAS. the easement being requested is the same easement that is being proposed for the
H.lIman property acc... n.eded to th.ir oil fi.lds from Adolfo Lopez Drive which was agreed to
by tho City a. part of the H.lIman Subdivi.ion Tract No. 15402 Agreement; and
WHEREAS, the Di.trict has additionally requested an ..ce.. easement from H.lIman
Properties, LLC on th. north.rly portion of tho Hellman property adjacent to and along the
southerly .id. ofth. Retarding Basin; and
WHEREAS, this easem.nt would connect with tho acc... easement now being proposed from
the City to the Di.trict ..ro.. a westerly portion the City Corporation Yard; and
WHEREAS, these connecting ....ments would allow the District good acees. to their proposed
flood control pump station; and
WHEREAS, the area ofth. propo.ed easement i.located along the westerly .id. of the Animal
Shelter Property and provides acce.. from Adolfo Lopez Drive to the H.llman property and doe.
not interfere with any of the active area of the City Corporation Yard; and
WHEREAS, the Grant of Easement also .ot. fnrth condition. for the District to repair and
maintain the surface improvements, such as pavement and driveway approach, and to repair any
damage done by the District to .urface or und.rground facilitie. at tho District'. expense; and
WHEREAS. when the District accepts and executes the aforementioned Grant of EBl!Iement the
District will be ..knowl.dging and agreeing to tho condition. of approval ..t forth in said Grant
of Easement; and
WHEREAS, the City Engineer recommends that the City Council of the City of Seal Beach
approve tho Grant of Easement to the Orange County Flood Control Di.trict.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES
HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council of the City of S.al Beach thatth. aforem.ntioned Grant of
Easement to Orange County Flood Control District i. hereby approved; and
SECl'ION 2. The City Council of tho City of Seal Beach hereby authorize. tho Mayor to
.xecute th. aforem.ntioned Grant of Easement In tho Orang. County Flood
Control Di.trict on behalf of the City Council; and
SECTION 3. The City Council of the City of Seal Beach shall have the aforementioned Grant
nfEasoment duly and properly recorded in the official records of the offi.. of
the Recorder of the County of Orange; and
SECTION 4. The City Council of the City of Seal Beach shall, upon return of the
aforementioned recorded Grant of Easement from office of the Recorder of the
County of Orange have a copy of the aforementioned recorded Grant of
Easement be forwarded to the Orange County Flood Control District.
PASSED, APPROVED AND ADOPTED hy tile City Council of the City of Seal Be..h at a
meeting thereof held on the day of . 2006.
AYES: Councilmemhers
NOES: Councilmembers
ABSENT: Councilmembers
Mayor
ATTEST:
Linda Devine, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Linda Devino, City Clerk of the City of Seal Beach, California, do hereby certifY that the
foregoing resolution is an original copy of Resolution Number on file in the Offi.. of
the City Clerk, passed, approved and adopted by the City Council of the City of Seal Beach at a
mooting thereof held on the day of . 2006.
Linda Devine, City Clerk
2
200&-04-24 RES AcccpllllJ Eascmcnl rrom CI1)'IO Counly