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HomeMy WebLinkAboutAGENDA REPORT 1997 0205 CC REG ITEM 10J- ..TEA IO.T AGENDA RE PORT C = TY O F MOORPARK J TO: The Honorable City Council FROM: Kenneth C. Gilbert, Director of Public Works �. y DATE: January 29, 1997 (Council Meeting 2 -5 -97) SUBJECT: Consider Approval of a Certificate of Acceptance for an Easement from the Southern California Edison Company for the Storm Drain Serving Arroyo Vista Community Park DISCUSSION A. Background 1. Storm Drain Construction: The first phase of construction for Arroyo Vista Community Park included the site grading and the construction of all of the infrastructure improvements for the site. That work included the construction of a storm drain extending from the park property northerly to the Arroyo. 2. SCE Property: The storm drain serving the park crosses property owned by the Southern California Edison Company (SCE) before it reaches the Arroyo. SCE agreed to grant the City an easement for this storm drain at no cost to the City in the early stages of project design. 3. First Draft Legal Description: The legal description of the easement initially prepared did not include a formal metes and bounds legal. description and was rejected by the County recorder. 4. Second Draft Legal Description: Attempts to prepare a legal description for the subject easement encountered difficulties when it was discovered that the legal description of the deed to the park property contained errors. Attempts to remedy those errors have been on- going. 5. Park Survey: The City recently completed a survey of Arroyo Vista Community Park and has recorded that survey as the new legal description of the park property. 6. Final Legal Description: The legal description for the subject Easement Deed does not reference the park survey. It references the legal description of the SCE property. However, the City Engineer was unable to check that legal description to confirm compliance with the legal description for the park property until the new park survey was completed. a� sd 00027G Arroyo Vista Park Storm Drain Easement February 5, 1997 Page 2 B. Easement Deed It has been determined that the legal description for the subject easement is in proper order and the Deed is ready to be recorded. A copy of the subject Easement Deed is attached. RECOMMENDATION Staff recommends that the City Council approve a Certificate of Acceptance for the subject Easement Deed and direct staff to forward said deed to the Southern California Edison Company for recordation. avp_sa 000276 10..60 11 +0' ARROYO SIM1 / - - - - - -_ - -�-- _ _. _- 12`00 • / STA 10 +00.00 _ 1-22" RCP OUTLET, INV. 461.00 � SOTTOM OF ARROYO SIMI r _ _ 00 STA 10 +53.74 4� ll"�� Z c>s U; O -P cfl �y � N O N G � Q o + 1 m � 0 i ti O6' 3 8 ss v _ 78,47, 51 R _ 75.00, ?0.63, R _ 79-,39, 4 3.. 60.00, 83-42' 13� VENTURA COUNTY FLOOD CGt 50' SOUTHERN CALIFORt E➢tSa ►J N 64' 16'54 E 408.45' NORTHERLY PARK BOUNDA h 6 IE XK qk �ti SAP ,N°c ' LINE ..A., f< j.•� 0 CIN� •'k'i , ST �x i, I, 0 RECORDING REQUESTED BY SOUTHERN CALIFORNIA EDISON COMPANY WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY P.O. BOX 410 LANG BEACH. CA 90801 ATTEN: REAI, PROP. AND ADMIN. SVCS. LAND RIGHTS Underground Sewer & Storm Drain Easement I.ocatlon: City of Moorpark APN(S): 506 - 010 -16 506-010 -62 SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $ COMPUTED ON FULL VALUE OF PROPERTY CONVEYED CA COMPUTED ON FULL VALUE LESS LIENS AND —ENCUMBRANCES REMAINING AT TIME OF SALE SO_ CAt IF_ FOISON CO. SIGNATURE OF DECIARANT OR AGENT DETERMINING TAX FIRM NAME :-R. 63146A so. 3121 Approved REAL PROPERTIES AND ADMINISTRATIVE SERVICES Y JG DATE 01110/94 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 of 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 64 004'40" 'Vest, 1803.61 feet ", in said Instrument No. 47373, said point being North 64 °04'40" Last, 241.00 feet measured along said South line from the Westerly terminus thereof: thence North 700 43' 06" West, a distance of 145.00 feet. Approved as to description: LANO i RALPH i(a DOMINGUQ , * No.5425 Exp. 9 -30 -00 Signed Date 000277 lo,eop,9A?TY Ole . SO u r"45AIN e4 e- hfratziVIA 2 G 77 O.R. /6; `` ��;' 'f �QM /NGU rn /FO 2 6,7 7 /V CO.1 1J, :5e Oro /11 — ry 241.0 0' P.O.B. �z C�- 9,sxf-17-- ARA-0Y- CqwaeY, 6AS,5�"W46Nr 0/= 77,46- V,-:W77-lA24 COe,Jlv-r?e CON 7-)eOL- god A.,VO A PCKTIol'-1 of 5377 0-9-57o. Z4 17. 14 9 I Underground Sewer and Storm Drain Easement S.C.E.Co., a corp., to THE CITY OF MOORPARK Serial No. 63146A 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 Recorded 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 (11) 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 obstnictions of any kind at all times. -2- 000266 Underground Sewer and Storm Drain Easement S.C.E.Co., a corp., to THE CITY OF MOORPARK Serial No. 63146A 7. Grantor reserves for itself the right to trim any tree or trees which may grow in or on the above 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. 8. The above described real property is to be used only for the purposes specified herein and in the event: (a) said real property is not so used; (b) said real property shall be vacated as a underground sever and storm drain right of way; or (c) 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 any cost or expense whatsoever to Grantor, and that in the event a special assessment or assessments is 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. -3- Uvv2b1 Underground Sewer and Storm Drain Easement S.C.E.Co., a core., to THE CITY OF MOORPARK Serial No. 63146A 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 for which they are to be used. 17. Grantee shall promptly and properly 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. 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. M 0 UUto, C_�L Underground Sewer and Storm Drain Easement S.C.E.Co., a Corp., to THE CITY OF MOORPARK Serial No. 63146A IN WITNESS WHEREOF, said Southern California Edison Company has caused this instrument to be executed this day of 19 SOUTHERN CALIFORNIA EDISON COMPANY, a corporation CA D. C. JONES Regional Manager Land Services Division Real Properties and Administrative Services 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 19 THE CITY OF MOORPARK, a body corporate and politic I3y By -5- OW283 Underground Sewer and Storm Drain Easement S.C.E.Co., a Corp., to THE CITY OF MOORPARK Serial No. 63146A STATE OF CALIFORNIA ) ss. COUNTY OF ) On , before me, , personally appeared D. C. Jones, 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. Signature STATE OF CALIFORNIA ) ss. COUNTY OF ) On , before me, , personally appeared , 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 /her) 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 -6- 000284.