HomeMy WebLinkAboutCC AG PKT 2006-04-24 #P2
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 HELLMAN
PROPERTIES, LLC FOR ACCESS ACROSS A
WESTERLY PORTION OF CITY CORPORATION
YARD PROPERTY
SUMMARY OF REOUEST:
The proposed City Council action will approve Resolution No. _ approving a Grant
of Easement to Hellman Properties, LLC for access across a westerly portion of the City
Corporation Yard property.
BACKGROUND:
With the development of the Hellman Subdivision Tract No. 15402, access to the easterly
oil wells along Seal Beach Boulevard had to be relocated to the northerly side of the
Hellman property which eliminated direct access to the Hellman property from Seal
Beach Boulevard. The Hellman oil field, however still needs access to and from Seal
Beach Boulevard in order to be able to better service and maintain their oil wells. It was
agreed as part of the Hellman Subdivision Tract No. 15402 Agreement that the City
would allow Hellman Properties, LLC access across a westerly portion of the City
Corporation Yard to provide access to and from Seal Beach Boulevard by way of Adolfo
Lopez Drive,
The proposed easement will provide for, and will allow Hellman Properties, LLC, the
agreed upon access.
The area of the 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 Hellman Properties, LLC to repair
and maintain the surface improvements, such as pavement and driveway approach, and to
Agenda Item P. 2.
repair any damage done by Hellman Properties, LLC to surface or underground facilities
at Hellman Properties, LLC expense.
Note that a similar easement, by separate deed, over this same easement area will also be
rccommended to the City Council to be granted to the Orange County Flood Control
District (District) to allow the District access from Adolfo Lopez Drive to an access
easement on the Hellman property being granted by Hellman Properties, LLC to the
District. These easements will allow the District access to a proposed District flood
control pump station to be constructed in the Hellman property by the District along the
southerly side of the Los Alamitos Retarding Basin located westerly of the City
Corporation Yard.
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 Hellman Properties, LLC for access across a westerly portion of the City
Corporation Yard property.
Prepared By:
,~
Sean Crumby, P.E.
Deputy City Engineer
Reviewed By:
NO
",~ ~ -
Mark K. Vukojevic, P.E.
Director of Public Works/City Engineer
Attachments: Grant of Easement to Hellman Properties
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 THIS LINE FOR RECORDER'S USE
THE CITY OF SEAL BEACH, a California Municipal Corporation, and Charter City
hereinafter designated "Grantor" 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 HELLMAN
PROPERTIES, LLC, a California Limited Liability Company, successor by merger to Hellman
Properties, a California Limited Partnership, hereinafter designated as "Grantee", 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".
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 of Ril!hts: Maintenance. ReDair. Reolacement. 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 dpes 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.
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.
10f 8
2, Restricted Access due to Emere:ency. Grantee agrees that access 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 other 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 Improvements 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 damage any of the surface facilities within the Easement area.
5. Prohibition Ae:ainst Liens. Grantee shall not permit any mechanics', materialmen's or other
liens to be ftled 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.
6. 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 employees 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.
7, No Representations or Warranties: Subject 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 of record, reservations and conditions affecting
Grantor's Property and/or affecting access thereto.
8, 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 Facilities
or with respect to removing or relocating the same.
20fS
9, 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 of litigation, including, but not limited to, appellate
proceedings, in addition to any other remedy granted.
10. Successors and Assigns. The terms "Grantor" and "Grantee", wherever used in this
instrument, are intended in each instance to include the successors and assigns of Grantor
as the owner of the Easement Area, and Grantee as the owner of the 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.
11. 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 execution 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
HELLMAN PROPERTIES, LLC
a California Limited Liability Company
By:
By:
Title:
Title:
30f8
STATEOFCALlFORNIA )
)
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 satisfactory evidence) to be the person(s) whose name(s) Ware 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 instrument.
WITNESS my han~ and official seal.
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 satisfactory evidence) to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/sheJthey 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 instrument.
WITNESS my hand and official seal.
CERTIFICATE OF ACCEPTANCE
40f8
This is to certify that the interest in the access and utility easement conveyed by the Grant Deed
herein from Hellman Properties, LLC, a California Limited Liability Company, to the City of Seal
Beach, a municipal corporation, is hereby accepted by the undersigned officer or agent on behalf of the
City of Seal Beach pursuant to the authority conferred by resolution of the City Council for the City of
Seal Beach, adopted on September 9, 2002, and the City of Seal Beach consents to the recording
thereof by its duly authorized officer,
DATED:
CITY OF SEAL BEACH
Signed:
Mayor
Acknowledged:
City Clerk
/
50f8
EXHIBIT "A"
(ACCESS EASEMENT)
APN NO. 095-010-51
THAT PORTION OF PARCEL 1. IN THE CITY OF SEAL BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS'SHOWN ON MAP FILED IN BOOK 94, PAGE 1 OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECOR.DER OF SAID COUNTY, 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 COUNTY; 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 CENTRAL ANGLE OF 41803'3" AN ARC DISTANCE OF 79,68 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 HEREINBEFORE DESCRISED AS HAVING A RADIUS OF 97.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 65853'45' AN ARC
DISTANCE OF 71,31 FEET; THENCE NORTH 88437'01' WEST 28.38 FEET TO THE WESTERLY LINE OF
SAID PARCEL 1; THENCE ALONG SAID WESTERLY LINE, SOUTH 01813'20' WEST 3,38 FEET TO THE
POINT OF BEGINNING.
CONTAINING 7,139 SQUARE FEET OR 0,184 ACRES. MORE OR LESS.
AS SHOWN ON EXHIBIT'S" ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED UNDER THE SUPERVISION OF:
60f8
EXHIBIT "B"
(ACCESS EASEMENT)
SHEET 1 OF 2 SHEETS
SCALE 1". 200'
200 100 0
1
GRAPHIC SCALE
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11/11103
913012005)
LEGEND
l111.lfINDICATES SUBJECT PROPERlY
INDICATES SUBJECT PROPERTY BOUNDARY LINE
_ INDICATES EXISTING LOT LINE
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH APPROVING A GRANT OF EASEMENT TO HELLMAN
PROPERTIES, LLC FOR ACCESS ACROSS A WESTERLY PORTION
OF THE CITY CORPORATION YARD
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RllSOLVE:
WHEREAS, with the development ofthe Hellman Subdivision Tract No. 15402 a<:cesslo tho
..sterly oil wells along Seal Be..h Blvd. had to be ,elocaled to the northerly side of the Hellman
property which ehminated direct access to the Hellmnn properly from Seal Beach Blvd.; and
WHEREAS, ti,e Hellman oilfield still needs acceas to and from Seal Beach Blvd. in onler to be
able to better service Bod maintain their oil wells; and
WHEREAS, it was agreed as part of the Hellman Subdivision Tract No. 15402 Agreement that
the City would allow Hellman Properties, LLC access ..ross a westerly portion of the City
Corporation Yard to provide access to and from Seal Besch Blvd by way of Adolfo Lopez Drive;
and
WHEREAS, an access easement across tho westerly portion of the City Corporation Yard will
provide for, and will allow Hellman Properties, LLC, tho agreed to access; and
WHEREAS, the area of an acceas easement is proposed to be located along the westerly side of
the Animal Shelter Property which will provide ..cess from Adolfo Lopez Drive to the Hellman
property and does not interfere with any of the active area of the City Corporation Yard; and
WHEREAS, tho proposed Grant of Easement also sets forth conditions for Hollman Properties,
LLC to repair and maintain the surface improvements, such as pavement and driveway approach,
and to repair any damage done by Hellman Properties, u.c to aunace or underground f..ilities
at Hellman Properties, LLC expense; and
WHEREAS, a similar easemen~ by separate deed, over Ibis same easement area, and separate
deed will also be recommended to tho City Council to be granted. to tho Orange County Flood
Control District (District) to allow tho District access from Adolfo Lopez Drive to an access
....ment on the Hellman property being granted by Hellman Properties, LLC to tho District
which will allow tho District ..cess to a proposed District flood conttol pump station to be
constructed in tho Hellman property by tho District along tho southerly side of the Los Alamitos
Rclarding Basin located westerly of tho City Corporation Yard; and
WHEREAS, Hellman Properties, LLC has executed the aforementioned GrMt of Easement
..knowledging and agreeing to the conditions of approval set forth in said Grant of Easement;
and
WHEREAS, the City Engineer recommends that the City Council of the City of Seal Beach
approve the GrMt of Easement to Hellman Properties, LLC.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES
HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION I. The City Council of tho City of SoaI Beach hereby approvoa the aforementioned
GrMt of Easement to Hellman Properties, LLC; and
SECTION 2. The City Council of the City of Seal Beach hereby authol'izes the Mayor to
execute tbe aforementioned Grant of Easement to Hellman Properties, LLC on
behalf of the City Council; and
SECl'ION 3. The City Council of the City of Seal Beach authorizes the City Clerk of the City
of Seal Beach to have the aforementioned Grant of Easement duly and properly
recorded in the official records of the office of the Recorder of the County of
Orange; and
SECTION 4. Th. City Council of tho City of Seal Beach shall, upon ...tum of tho
afo...mentioned ...corded Grant of Easement from office of tho Recorder of tho
County of Orange di...ct that a copy of tho aforementioned ...corded Grant of
Easement be forwarded to Hellman Properties, LLC.
PASSED, APPROVED AND ADOPl'ED by the City Council of tho City of S.a1 B.ach at a
meeting th....ofheld on tho day of .2006.
AYES. Councilm.mbers
NOES: Councilmembers
ABSENT: Councilm.mbers
Mayor
ArrEST:
Linda D.vin., City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Linda Devino, City Clerk of tho City of Seal B.ach, California, do h....by certifY that tho
foregoing resolution is an original copy of Resolution Number on file ib the Office of
tho City Clerk, paased, approved and adopted by tho City Council of tho City of S..I Beach at a
meeting thereofh.ld on tho day of .2006,
Linda Devin., City Clerk
2
2lJ06.D4-24 RES AcllClplllll Eac:mcnl from City to Hd.lmlltl