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HomeMy WebLinkAboutAGENDA REPORT 2001 0905 CC REG ITEM 11FiTEm It. F. CITY O F 111OO :ARX,, ,NLT -7' k ACTION, Moorpark City Councilmzr Agenda Report To: The Honorable City Council From: Kenneth C. Gilbert, Director of Public Works Date: August 24, 2001 (Council Meeting 9 -5 -01) Subject: Acceptance of Storm Drain Easement at Arroyo Vista Community Park, from the Southern California Edison Company [SCE] DISCUSSION A. Background The initial construction of Arroyo Vista Community Park required the construction of a storm drain extending from the access road near the west parking lot, northwesterly to the Arroyo Simi. That storm drain crosses property owned by the Southern California Edison Company [SCE]. Verbal approval for the construction of the storm drain was granted by SCE staff, with the intent to formalize an easement at a future date. For a variety of reasons, the preparation, execution and recordation of that easement to the City, was deferred. B. Easement SCE has prepared and executed the subject easement deed (copy attached as Exhibit 1) granting to the City an easement for the placement and maintenance of the subject storm drain. As stated above all fees and costs have been waived. SCE estimates that those fees and costs are valued at $3,250. C. Acceptance The acceptance of all deeds must be approved by the City Council. RECOMMENDATION Authorize the City Clerk to sign the Certificate of Acceptance for the subject Easement Deed. Avp_SD Easement_CSE_010814 0,0027G RECORDING REQUESTED BY "SOUTHERN CALIFORNIA AD EDISt71V IN ERNA7IONAL Company WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY Real Properties and Administrative Services 10180 Telegraph Road Ventura CA 93004 -2915 Attn: Real Estate Revenue SPACE ABOVE THIS LINE FOR RECORDER'S USE Underground DOCUMENTARY TRANSFER TAX $ Sewer & Drain Thousand Oaks Easement COMPUTED ON FULL VALUE OF PROPERTY Location: City CONVEYED of Moorpark APN(S): SCE Company APPROVED: by SIG. OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME REAL PROPERTIES GPP 01/12/00 506. -010- 16 AND ADMIN. SVCS. 506- 010 -62 SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Grantor ", does hereby grant to THE CITY OF MOORPARK, a body corporate and politic, hereinafter called "Grantee ", an easement for underground sewer and storm drain purposes, in, on, under, over, along and across that certain real property in the City Moorpark, County of Ventura, State of California, described as follows: Being those portions of the lands described in the deeds to Southern California Edison Company, recorded November 30, 1960 as Instrument No. 47373, in Book 1933, page 408, and recorded November 24, 1964 as Instrument No. 85033, in Book 2677, page 169 both of Official Records, in the Office of the county Recorder of said county, described as follows: A strip of land 20.00 feet wide with its centerline described as follows: Beginning at a point being on the Southerly line of the fourth course described as "South 64 04 40" West, 1803.61 feet ", in said Instrument no. 47373, said point being North 64 04 40" East, 241.00 feet measured along said South line from the Westerly terminus thereof; thence North 70 43'06" West, a distance of 145.00 feet. Approved as to description attached as Exhibit "A". City of Moorpark City Council Certificate of Acceptance attached as Exhibit "B" Signed Date 0027 1 Underground Sewer and Storm Drain Easement S.C.E. Co., a corp., to THE CITY OF MOORPARK Serial No. 63146A i SUBJECT TO covenants, conditions, restrictions, reservations, exceptions, encumbrances, rights, easements, leases and licenses, affecting the above described real property or any portion thereof, whether of record or not, including but not limited to the following: 1. A Easement Deed to the Ventura County Flood Control District, for channel and bank protection work recorded March 30, 1956 as Instrument No. 13944, in Book 1392, page 408 and recorded March 30, 1956 as Instrument No. 13956 in Book 1392, page 452, both of Official Records, in the Office of the county Recorder of said County. The foregoing grant is made subject to the following terms and conditions: 1. The said Easement is granted subject to the right of Grantor to construct, maintain, use, operate, alter, add to, repair, replace, reconstruct, enlarge and /or remove in, on, over, under, through, along and across the above described real property, electric transmission and distribution lines and communication lines, together with supporting structures and appurtenances, for conveying electric energy for light, heat, power and communication purposes, and pipelines and appurtenances for the transportation of oil, petroleum, gas, water, or other substances, and conduits for any and all purposes. 2. Grantor shall not erect or place at any future time any -of its facilities so as to unreasonably interfere with the rights of Grantee created by this Easement grant. 3. The said Easement shall be exercised so as not to endanger or interfere with the construction, maintenance, use, operation, presence, repair, replacement, relocation, reconstruction or removal of such electric transmission, distribution or communication lines, pipelines, or other conduits. 4. Grantee agrees to hold harmless and indemnify Grantor to the fullest extent to which it can legally do so, from and against all claims, liens, encumbrances, actions, loss, damage, expense and /or liability arising from or growing out of loss or damage to property, including Grantor's own property, or injury to or death of persons, including employees of Grantor, resulting in any manner whatsoever, directly or indirectly, by reason of the exercise of the rights hereby granted; provided, however, that this covenant shall not apply in those instances where such claims, liens, encumbrances, actions, loss, damage, expense and /or liability are caused by the sole active negligence of Grantor. 5. Grantee agrees that in the exercise of its rights hereunder, its contractors, employees and other agents will maintain a minimum clearance of eleven (17) feet between their equipment and any and all overhead electric conductors and more than twenty -five (25) feet from all Edison structures. 6. Grantor shall have full unobstructed access to its facilities at all times and the right to clear, keep clear, and remove any and all obstructions of any kind at all times. 7. Grantor reserves for itself the right to trim any tree or trees which may grow in or on the abo ve described real property and which, in the opinion of Grantor, endanger or interfere with the proper operation or maintenance of said electric transmission, distribution and communication lines, to the extent necessary to prevent any such interference or danger. event; 8. the above described real property is to be used only for the purposes specified herein and in the (a) said real property is not so used:; (b) said real property shall be vacated as a underground sewer and storm drain right of way; or Underground Sewer and Storm Drain Easement S.C.E. Co., a corp., to THE CITY OF MOORPARK 0 Serial No. 63146A the project for which this Easement is being granted is abandoned, the Easement shall thereupon, ipso facto, revert to and merge in the interest of Grantor in the above described real property. 9. Upon termination or reversion of the rights herein granted, Grantee shall execute and deliver to Grantor, within thirty (30) days after service of a written demand therefor, a good and sufficient quitclaim deed to the rights herein given. Should Grantee fail or refuse to deliver to Grantor a quitclaim deed, as aforesaid, a written notice by Grantor reciting the failure or refusal of Grantee to execute and deliver said quitclaim deed as herein provided and terminating this Easement shall, after ten (10) days from the date of recordation of said notice, be conclusive evidence against Grantee and all persons claiming under Grantee of the termination or reversion of the rights herein given. 10. As a controlling part of the consideration for the execution and delivery of this instrument by Grantor, the Easement is accepted upon and subject to the express condition that the improvement for which the Easement is given, regardless of the time performed, and any other work or improvement commenced within two years from the date of recording of this Easement (which improvement and other work or improvement are hereinafter sometimes collectively called "Improvement ") shall be done without ssments is any cost or expense whatsoever to Grantor, and that in the event a special assessment or asse or are levied by an authorized lawful body against the real property of Grantor for the Improvement, Grantee agrees that it will reimburse Grantor and it shall be the binding obligation of the Grantee to reimburse Grantor for the full amount of any and all such special assessment or assessments so levied for said Improvement and paid by Grantor. 11. Also as a controlling part of the consideration for the execution and delivery of this instrument by Grantor, Grantee covenants, for itself, its successors and assigns, to construct and maintain the improvement to be located on the above described real property at its own expense. 12. Grantee hereby recognizes Grantor's title and interest in and to the above described real property and agrees never to assail or resist Grantor's title or interest therein. 13. Any earth fill placed by Grantee within the boundaries of the above described real property shall have a relative compaction density of ninety percent (90 %). 14. Grantee agrees that all construction equipment, when not in use, shall be parked clear of Edison's right of way and /or rendered immobile. 15. Grantee shall place identification and location markers of a number, location and nature suitable to Grantor, indicating the type, location and depth of any facilities, structures or equipment located by Grantee in the underground of the above described real property. 16. Any underground facilities shall be capable of supporting three -axle vehicles weighing up to forty (40) tons, and shall be of such type of construction and material as to be sufficient and safe for the purpose of which they are to be used. 17. Grantee shall promptly replace the earth over any underground facilities, shall tamp or water - settle such earth so that no depressions shall be left or shall develop in the surface of the ground over said underground facilities, and shall restore the surface of the ground over said underground facilities to as near its original condition and appearance as possible. Underground Sewer and Storm Drain Easement S.C.E. Co., a corp., to THE CITY OF MOORPARK Serial No. 6314A 0027 18. Upon the termination or reversion of the rights herein granted, Grantee shall at its own risk and expense remove said underground sewer and storm drain and restore said above described real property as nearly as possible to the same state and condition that it was in prior to any construction of said facilities, but if it should fail to do so within sixty (60) days after such termination, Grantor may do so at the risk of Grantee, and all cost and expense of such removal and the restoration of said premises as aforesaid, together with interest thereon at the rate of ten percent (10 %) per annum shall be paid by Grantee upon demand. 19. Grantee agrees that during any period of construction activity, it will periodically water down the construction area within the above described real property, so as to prevent dust contamination of Grantor's facilities. 20. Grantee agrees to maintain the above described real property in a condition satisfactory to Grantor. 21 The use of the neuter gender herein will, when appropriate, be construed to mean either the masculine or feminine gender or both. Unless expressly provided elsewhere, herein to the contrary, the terms, covenants and conditions of this Easement shall inure to the benefit of and are binding upon" the heirs, successors, representatives and assigns of the parties hereto. IN WITNESS HEREOF id Southern California Edison Company has caused this instrument to be executed this day of rv, 20M. SOUTHERN CALIFORNIA EDISON COMPANY, a corporation Right of Way Agent Corporate Real Estate THE CITY OF MOORPARK, a body corporate and politic, does hereby accept the above and foregoing Easement upon and subject to all of the terms, covenants and conditions therein contained, and does hereby agree to comply with and perform each and all of said terms, covenants and conditions. DATED as of this day of 20— THE CITY OF MOORPARK, a body corporate and politic LIM L-12 000274 STATE OF CALIFORNIA ) COUNTY OF V i�tll"cU.Q A ) ss. On --r--22. _ , 20-W, before me, personally appeared G.P. Perez, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized' capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signatf."(e�t STATE OF CALIFORNIA ) COUNTY OF ss. JAROLD O. BARNETI Commission T 1156399 z Notary Public - CaiifOrnia o-� Ventura County My comm. Fxpires Sep 22 20(31 On 20 before me, personally appeared a personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that (he /she) executed the same in his authorized capacity and that by (his /her) signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature 0 027 OCT 20 '99 11:13 FR CITY OF MOORPARK 005 529 6270 TO 6547275 P.03i09 O G� RALPH M DQMINGU . go 0 E� 1,67� S �Y-1 �� Alf °pQ ! ors t P e 0 � R G cy o \tea$ Z L V.0:5 0, � cr to y 0 4—g 5.0 . G'ifif a}' /�laar��o�k + ` SER. G,31461 PURPOSE_ U.QU, 1GV KS. .fib --'Z;3