HomeMy WebLinkAboutAGENDA 2012 0104 CC REG ITEM 10D ITEM 10.D.
MOORPARK CITY COUNCILAcsioN:
AGENDA REPORT
TO: Honorable City Council
FROM: Hugh R. Riley, Assistant City Mana -�
BY: Ky Spangler, Special Projec onsultant
DATE: December 14, 2011 (CC Meeting of 1/4/12)
SUBJECT: Consider Granting an Easement to Pacific Bell Telephone
Company (dba AT&T California) for Existing Communication
Facilities within a Portion of Lot C of APN 512-0-171-235 (612
Spring Road, Ruben Castro Human Services Center)
BACKGROUND & DISCUSSION
The City of Moorpark ("City") owns the property located at 612 Spring Road which
includes APNs 512-0-171-235 and 512-0-171-245 ("Property"). The Property is the site
of the Ruben Castro Human Services Center, currently under construction. During
trenching for the footing of the north boundary wall, a buried vault and fiber optic conduit
containing active facilities owned by Pacific Bell Telephone Company, dba AT&T
California ("AT&T") were discovered. The existing AT&T vault and conduit are situated
directly below the location: of the boundary wall and its footing. Research of Property
records by both staff and the AT&T Right of Way Manager found that an easement for
these facilities was not previously recorded.
AT&T representatives have visited the site, and based on the type of facilities in the
ground and the status of site construction, moving the vault and fiber optic lines off of
the Property is infeasible without significant delay to the project. AT&T will, at their
cost, trench over their facilities, install a second conduit for possible future maintenance
needs, and raise the vault to finished grade. This will allow the wall to be constructed
with no changes to its planned location, design or appearance.
In order to allow these activities to commence and resume construction on the wall prior
to the granting and recordation of the easement, AT&T agreed to move forward under a
letter of permission. AT&T will need access to the Property to perform maintenance
activities in the future. The easement language provides that AT&T shall bear all costs
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Honorable City Council
January 4, 2012
Page 2
associated with any potential reconstruction or repair of the Property necessitated by
AT&T's future maintenance activities.
In light of this, it is appropriate for the City to convey an easement across the
northwesterly boundary of the Property as depicted on Attachment A of the Grant of
Easement document for ingress and egress to construct, reconstruct and maintain the
existing vault and fiber optic facilities in this location.
FISCAL IMPACT
There will be no fiscal impact as this is a grant deed of easement for no fee. AT&T will
bear all costs associated with addressing the current site condition and shall be
responsible for any future costs associated with maintenance of their existing facilities.
STAFF RECOMMENDATION
Authorize the City Manager to execute the Grant of Easement for the Property and have
staff return the same to Pacific Bell Telephone Company, dba AT&T California, for
recordation with the County of Ventura.
Attachment 1: Grant of Easement
Attachment 2: Letter of Permission
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i T CF0057B R/W UNDERGROUND
ATTACHMENT 1
RECORD AT THE REQUEST OF:
PACIFIC BELL TELEPHONE COMPANY
WHEN RECORDED RETURN TO:
Pacific Bell Telephone Company
100 N. Stoneman Avenue
Room 265
Alhambra,CA 91801
ATTN: RIGHT OF WAY DEPT.
DOCUMENT CHECKED NO DOCUMENTARY TRANSFER TAX DUE. BY
PACIFIC BELL TELEPHONE COMPANY AG NT
APPROVED, MGR. RNd CONSIDERATION AND VALUE LESS THAN$100
MOORPARK EXCHANGE LOT"C", TRACK NUMBER 1266-1
KD-11 PROJECT.#8553981 CO., MOORPARK
APN's 512-0-171-235
GRANT OF EASEMENT
The undersigned "Grantor(s)" hereby grant(s) to PACIFIC BELL TELEPHONE COMPANY, a Corporation, doing
business as AT&T California, its successors, assigns, lessees and agents, hereinafter referred to as "Grantee(s)", an
easement to construct, reconstruct and maintain (place, operate, inspect, repair, replace and remove) such
underground facilities as Grantee(s) may from time to time require (including ingress thereto and egress therefrom)
consisting of wires, cables, conduits, manholes, handholes, and above-ground markers, pedestals, terminals,
terminal equipment cabinets, associated electrical conductors, necessary fixtures and appurtenances in, over, under
and upon that certain real property in the County of Ventura, State of California,described as follows:
PARCEL C OF PARCEL MAP 5426 IN THE CITY OF MOORPARK, COUNTY OF VENTURA,
STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK 62 PAGES 35 AND 36 OF
PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
THE ABOVE DESCRIBED EASEMENT SHALL BE LOCATED WITHIN THE NORTHERLY 6
FEET OF THE WESTERLY 75 FEET OF LOT C.
THIS LEGAL DESCRIPTION PREPARED BY PACIFIC BELL TELEPHONE COMPANY
PURSUANT TO SECTION 8730(c)OF THE BUSINESS AND PROFESSIONS CODE
1
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Grantor(s) also grant(s) to Grantee(s) the right to trim such tree foliage and to cut such limbs and roots on said
property as may be necessary for the protection of said facilities.
Grantor(s)shall not erect or construct any building or drill or operate any well within said easement.
Grantee(s) shall be responsible for damage caused intentionally or by any negligent act or omission of Grantee(s), its
agents or employees while exercising the rights granted herein.
Grantee acknowledges and agrees that as consideration for Grantor's agreement to grant the easement to
construct, reconstruct and maintain Grantee's facilities on the above-referenced real property, Grantee shall
bear all costs associated with the reconstruction or repair of Grantor's real property or any improvements on
the real property to the extent such reconstruction or repair is necessitated in whole or in substantial part by
Grantee's exercise of its rights pursuant to this easement.
The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties
hereto.
Executed this day of 20
Grantor:
CITY OF MOORPARK
By:
PRINT
Title:
PRINT
STATE OF CALIFORNIA }
)ss.
COUNTY OF_ }
On , before me Notary Public
personally appeared
who proved to me on the basis of satisfactory evid3nce 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 of Notary
2
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ATTACHMENT 2
- ^}�} AT&T California
100 N.Stonernan Ave.
Rcom 265
December 13, 2011 Alhambra,CA 91801-3251
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: Ky Spangler
Re: Request for an AT&T Easement for communication facilities within the Northwesterly 6 feet by 75 feet of
City of Moorpark property, Lot C of APN 512-0-171-235.
Project No. 8553981
Ms.Spangler,
The intent of this letter is to expedite the path forward required for the construction project at the Ruben Castro
site visited on 12/6/2011, The following was discussed at a meeting on site between your self,Jeff Hammond,
Rick Klajic(AT&T Engineer), and Eugene Winfield (AT&T Manager Right of Way).
AT&T has been requested to relocate an existing 3'X5'X4'splice box currently located on the northwesterly
corner of the subject property located in the City of Moorpark. The facilities in question were installed between
2001-2003, After researching our records along with those of the County of Ventura's I can find no easement
on record for the existing facilities.
To expedite the process of moving the splice box and conduit required to complete construction of the wall,
AT&T will move its facilities and the full cost of this relocation will be the responsibility of AT&T based on the
execution of this letter of permission. The property site wall alignment and construction means and materials
will be unaffected, and the existing conduit and fiber will remain in their present location.
To address the need for potential future maintenance of the existing facilities,AT&T requests that the City of
Moorpark grant to Pacific Bell Telephone Company, a Corporation, doing business as AT&T California, a non-
exclusive underground easement for the existing conduit,splice box, and fiber.The cost for any impact to City
facilities including the block wall resulting from potential future installations and AT&T facility maintenance shall
be paid by AT&T. AT&T will prepare the easement document and bear the cost of creation of a legal description.
and/or depiction of the location of the facilities to be covered by the easement along with costs related to the
granting of said easement.
It is understood that due to the Holidays the Moorpark City Council will not meet in time to approve the
required easement. In order to move forward please sign and date this letter giving AT&T permission to
complete the required work on your property pending the grant of the official easement.
Sincerely,
Eugene Winfield Steven Kueny
AT&T Right of Way City Manager
100 N.Stoneman Avenue, Rm. 265 799 Moorpark Avenue
Alhambra,CA 91801-3521 Moorpark, CA 93021
;�<
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