Lathrop Commerce Center is required to construct certain public storm water drainage facilities to serve the project.

Transcription

1 i TEM 4. 5 CTY MANAGER' S REPORT APRL 8, 2019, CTY COUNCL REGULAR MEETNG TEM: ACCEPTANCE OF STORM DRAN EASEMENT AGREEMENT ASSOCATED WTH SOUTH LATHROP COMMERCE CENTER RECOMMENDATON: Adopt a Resolution Accepting Dedication of Stom Dain Easement Ageement Associated with South Lathop Commece Cente, between South Lathop Land, L. L. C., and City of Lathop SUMMARY: Planning Commission appoved Vesting Tentative Pacel Map ( VTPM) No in 2015 and City Council appoved Pacel Map in Septembe 2018 fo the South Lathop Commece Cente Poject. Pusuant to Public Woks Condition of Appoval numbe thee ( 3) imposed on the Poject' s Vesting Tentative Pacel Map, South Lathop Commece Cente is equied to constuct cetain public stom wate dainage facilities to seve the poject. Staff and South Lathop Commece Cente have mutually detemined the location of a stom dainage pipe, to avoid conflict with a PG& E utility pole, should be aligned such that it is located on the poject site athe than within the public ightof- way, as oiginally shown on the VTPM. To allow fo this alignment of the stom dainage pipe, South Lathop Land, LLC, develope/ owne of the South Lathop Commece Cente, desies to gant a pepetual, non- exclusive easement fo the stom dainage pipe on a small potion of the poject site as shown in Attachment C Pusuant to the poposed Easement Ageement, the City agees to opeate and maintain the stom dainage pipe within the easement once constucted and dedication is accepted. Staff is equesting that City Council authoize staff to execute Stom Dain Easement Ageement ( Attachment B") associated with the South Lathop Commece Cente, between South Lathop Land, L. L. C., and City of Lathop.

2 CTY MANAGER' S REPORT PAGE 2 APRL 8, 2019, CTY COUNCL REGULAR MEETNG ACCEPTANCE OF STORM DRAN EASEMENT AGREEMENT ASSOCATED WTH SOUTH LATHROP COMMERCE CENTER BACKGROUND: The 273- ace South Lathop Commece Cente is to be developed with a maste planned business pak that includes, among othe things, industial and logistics uses, ancillay highway commecial uses, vaious open space uses, and elated onsite and off- site impovements. mpovements including a 1. 2 million squae foot waehouse that will be occupied by Wayfai, nc., ae cuently being constucted on- site. Futue impovements including an additional 3. 7 million squae feet of waehouse and commecial space ae cuently being designed and eviewed. The stom dain facilities ae needed to seve the cuent and futue developments. REASON FOR RECOMMENDATON: Staff and South Lathop Commece Cente have mutually detemined the location of a stom dainage pipe to avoid conflict with a PG& E utility pole. The stom dainage easement and easement ageement ae necessay fo the City to own and maintain the stom dainage pipe located in the easement. FSCAL MPACT: Thee is no cost to the City. ATTACH M ENTS: A. Resolution Accepting Dedication of Stom Dain Easement Ageement Associated with South Lathop Commece Cente, between South Lathop Land, L. L. C. and City of Lathop B. Stom Dain Easement Ageement C. Location Map

3 CTY MANAGER' S REPORT PAGE 3 APRL 8, 2019, GTY COUNCL REGULAR MEETNG ACCEPTANCE OF STORM_DRAN EASEMENT AGREEMENT ASSOCATED WTH' SOUTH LATHROP COMMERCE CENTER, _ j ---, APPROVALS: Bad T o Date Associate Enginee 3! 1/ o,, 3 z f King Date Assistant Publ' Woks Diecto Cai Finance Administative Sevices Diecto Date 3/ ll Salvado Navaete Date City Attoney Ste J. Salvatoe Date y Manage

4 RESOLUTON NO. f9- A RESOLUTOV OF THE CTY COUNCL OF THE CTY OF LATHROP ACCEPTNG DEDCATON OF STORM DRAN EASEMENT AGREEME101T ASSOCATED WTH SOUTH LATHROP COMMERCE CENTER, BETWEEN SOUTH L14THROP LAND, L. L. C. AND CTY OF LATHROP WHEREAS, Planning Commission appoved Vesting Tentative Pacel Map No in 2015 and City Council appoved Pacel Map in Septembe 2018 fo the South Lathop Commece Cente Foject; and WHEREAS, Public Woks Condition of Appoval numbe thee ( 3) fo the Vesting Tentative Pacel Map equies South Lathop Commece Cente to constuct cetain public stom wate dainage facilities to seve the poject; and WHEREAS, staff and South Lathop Commece Cente have mutually detemined the location of a stom dainage pipe should be aligned such that it is located on the poject site athe than within the public ight- of- way as oiginally shown on the Vesting Tentative Pacel Map, to avoid conflict with a PG& E utility pole; and WHEREAS, South Lathop Land, LLC, develope and owne of South Lathop Commece Cente, desies to gant a pepetual, non- exclusive easement fo the stom dainage pipe on a small potion of the poject site; and WFEREAS, South Lathop Land, LLC, has PROPOSED an Easement Ageement wheein the City agees to opeate and maintain the stom dainage pipe within the easement once constucted and dedication is accepted; and WHEREAS, staff is equesting that City Council fomally accept the offeed dedication of stom dain easement and Easement Ageement associated with the South Lathop Commece Cente. NOW, THEREFORE, BE T RESOLVED, by the City Council of the City of Lathop authoizes staff to execute a Stom Dain Easement Ageement delineated in " Attachment B" of the staff epot dated, Apil 8, 2019.

5 The foegoing esolution was passed and adopted this 8t'' day of Apil 2019, by the following vote of the City Council, to wit: AYES: NOES: ABSENT: ABSTAN: Sonny Dhaliwal, Mayo APPROi/ ED S TO FO M: ATTE T: Teesa Vagas, City Clek Salvado Navaete, City Attoney

6 Attachment B RECO NG REQLESTE3 Y AND W EN gteco ED TiJ 1 TO: City of Lathop City Clek 390 Towne Cente Dive Lathop, Califonia FOR 1tECO Y ER' S itse O1VLY STO DRAN EASEME TT AGREEMEN THS STORM DRAN EASEMENT AGREEMENT (" Easement Ageement") is enteed into on 2019 (" Effective Date"), by and between South Lathop Lancl, L.L. C., a Delawae limited liability company (" Ganto") and the City of Lathop, a municipal copaation of the State of Califonia (" Gantee"). ZEC''ALS WHEREAS, Ganto is the fee owne of that tact of land of appoximately twohunded- seventy- thee( 273) aces in size, located within the City of Lathop, which is the site of the planned South Lathop Commece Cente (" 1' oject Site") to be developed with a maste planned business pak that includes, among othe things, industial and logistics uses, - ancillay highway commecial uses, vaious open space uses, and elated on- and off-site impovements (" Poject"); and WHEREAS, Gantee is a municipal copoation of the State of Califonia, with land use juisdiction ove the Poject; and W EREAS, subject to a Development Ageement( the" Development Ageement") executed between Gantee and the pevious owne of the Poject Site ( and fo which Ganto has assumed all ights and obligations theeunde) and as a condition imposed on the Poject' s Vesting Tentative Pacel Map No (" VTPV"), Ganto is equied to constuct cetain public stom wate dainage facilities to seve the Poject ( collectively, " Public Dainage acilities"); and WHEREAS, on Septembe 10, 2018, the City Council appoved Pacel Map in connection with the Poject(" PacellVlap"), afte confiming the Pacel Map is in substantial compliance with the VTPM; and WHEREAS, the paties have muh.ially detemined the location of a stom dainage pipe Stom Dainage Pipe"), which is pat of the Public Dainage Facilities, should be aligned such that it is located on the Pojeet Site athe than within the public ight- of- way, as oiginally shown on the VTPM; and WHEREAS, to allow fo this alignment fo the Stom Dainage Pipe, Ganto desies to gant, and Gantee desies to obtain, a pepetual, non- exclusive easement fo the Stom Dainage Pipe on a cetain potion of the Poject Site fo puposes of opeation and maintenance of said pipe, as descibed futhe below; and CRH \

7 W REAS, Ganto is willing to gant said easement ights on the tems and conditions set foth below. NOW, THEREFORE, Ganto does heeby gant the easement ights set foth heein, and in and fo good and valuable consideation, the eceipt and sufficiency of which ae heeby acknowledged, Gantee and Ganto agee as follows: 1. Gant of Easement. Ganto heeby gants and conveys unto Gantee, a pepetual, non- exclusive easement on, unde and though that cetain aea on the Poject Site, as moe paticulaly descibed and shown in the attached Exhibits A and B (" Easeineeit Aea"), fo the pupose of opeating and maintaining the Stom Dainage Pipe and elated stom wate dainage and dischage to flow within said pipe, once Ganto installs said pipe collectively," Stom] Pipe Easement"). Gantee shall also have easonable ights of ingess and egess, consistent with the pupose of this Easement Ageement, fo the pupose of epai, econstuction, opeation, maintenance, inspection, emoval and/ o eplacement of the Stom Dainage Pipe. Gantee agees all epai, econstuction, opeation, maintenance, inspection, emoval and any othe elated activities in connection with the Stom Dainage Pipe that distiib the Easement Aea shall be easonably coodinated with Ganto so as to minimize any disuption to Poject Site, to the extent feasible. Notwithstanding the foegoing, Ganto shall have the ight to constuct and/ o install any and all othe impovements within the Easement Aea, including, without limitation, oadways, paved diveways, paking and/ o walkways; and landscaping, lighting, and/ o simila impovements; povided, howeve, the constuction and maintenance of such impovements shall not advesely affect o othewise substantially intefee with Gantee' s use of the Easement Aea, including, without limitation, obstucting any clean- outs fo the Stom Dainage Pipe. 2. nstallation O eation and Maintenance. a) Responsibility fo nstallation of Stom Daina ipe. Ganto and Gantee acknowledge and agee that Ganto is obligated to install the Public Dainage Facilities, including the Stom Dainage Pipe, pusuant to the tems and conditions set foth in that cetain Subdivision mpovementageement enteed into by Ganto and Gantee on n -, t o, 2018 (" SA"). n accodance theewith, Ganto shall be esponsible fo installing the Stom Dainage Pipe in the Easement Aea, and theeafte shall offe to dedicate said pipe to City( along with the othe Public Dainage Facilities as povided fo unde the SA). b) ResponsibilitX Gantee accepts the offe of dedication of the Stom Dainage Pipe pusuant to the povisions of the SA, then Gantee shall be esponsible fo maintaining said pipe in good condition and woking ode in accodance with City' s typical pactice of maintaining public impovements and consistent with industy standads. fo Maintenance of the Stam Daina, e Pipe. Once 3. Bindin E ffect. This Easement Ageement shall be binding upon and inue to the benefit of Ganto, Gantee and thei espective successos and assigns. 4. ndemnitv. Gantee agees to indemnify, defend and hold Ganto and its espective offices, diectos, shaeholdes, patnes, membes, manages, affiliates, employees, epesentatives, invitees, successos and assigns hamless fom and against any and all claims, CRH \ 54077\

8 liabilities, losses, judgments, expenses o costs of any kind ( including, without limitation, attoney' s fees) by eason of popety damage, death o injuy to pesons aising fom o elating to Gantee' s epai, econstuction, emoval, eplacement, inspection, opeation o maintenance of the Stom Dainage Pipe on the Poject Site. 5. Miscellaneous. a) All tems and povisions heein contained, including, without limitation, the benefits, budens and covenants, ae intended to un with the land descibed heein and shall be binding upon and inue to the benefit of the espective successos and assigns of the paties heeto... b) This Easement constitutes the entie ageement between the paties heeto with espect to the subject matte heeof. c) This Easement Ageenient shall be of no foce and effect until it is executed by the paties heeto. N WTNES S WHEREOF, the paties heeto have executed this Easement Ageement as of the date and yea fist above witten. Gant : Gan ee: South Lathop Land, L.L.C., City of Lathop, a Delawae limited liability company A Califonia Municipal Copoation By: CH West 109 South Lathop Land, By: L.P., a Delawae limited patneship, its managing membe City Manage By: CH LTH GP, L.L.C., a Delawae limited liability company, its Stephen J. Salvatoe geneal patn - By: est:.._".,. Na e: P il o Ti le: Pa s City Clek of and fo the City of Lathop, State of Califonia Teesa Vagas NOTARY ACKNOWLEDGEMENTS ON FOLLOWNG PAGE( S).] CRH \

9 ACd TO L DGNNEN' T A notay public o othe office completing this cetificate veifies only the identity of the individual who signed the document to which this cetificate is attached, and not the tuthfulness, accuacy, o validity of that document. State of Califonia Countyof (. S. h 3' On PCe,, U1 S, befoeme, dh 4t 5'- euleh, allotaypublic, pesonally appeaed p(; i, (- Q 5 who poved to me on the basis of satisfactoy evidence to be e peson( s) whose name( s) is/ ae subscibed to the within instuinent and acknowledged to me that he/ she/ they executed the same in his/ he/thei authoized capacity( ies), and that by his/ he/ thei signatue( s) on the instument the peson( s), o the entity upon behalf of which the peson( s) acted, executed the instument. cetify undec PENALTY OF PERJURY unde the laws of the State of Califonia that the foegoing paagaph is tue and coect. WTNESS iny hand and official seal. a.. -_ A! SONTHOMAS- GEUJEN Signatue f, tiotaypuolic- Caiifomia a l - Los Angeles County a Commission# Ny Comm. Expies Feb 25, 2022 CRH

10 / 13/ 18 Page lof`l EXHBT" A" LEGAL 1) ESCRPTON STORM DRAN EASEM[ ENT CERTAN REAL PROPERTY STUATED N THE CTY OF LATHROP, SAN JOAQUN COUNTY, STATE OF CALFORNA, BENG A PORTON OF PARCEL 1 OF PARCEL MAP AS RECORDED N BOOK 26 OF PARCEL MAPS, AT PAGE 114, SAN JOAQUN COUNTY RECORDS, MORE PARTCULARLY DESCRBED AS FOLLOWS: COM1ViEN li G AT THE MOST SOUTHERLY TERMNUS OF A SEGMENT OF THE MONUMENT LNE OF GLACER STREET LABELED NORTH 0 38' 12" EAST, FEET, ON SAD PARCEL MAP, THENCE NORTH 89 21' 48" WEST, FEET, TO THE PO TT OF EGNNNG, SAD PONT BENG THE PONT OF BEGNNNG OF A TANGENT CURVE ON THE WESTERLY LNE OF SAD GLACER STREET; THENCE ALONG SAD WESTERLY LNE ALONG SAD TANGENT CURVE TO THE LEFT, HAVNG A RADUS OF FEET, THROUGH A CENTRAL ANGLE OF 39 58' S6", AND AN ARC LENGTH OF FEET; THENCE LEAVNG SAD WESTERLY LNE AND ENTERNG SAD PARCEL 1 THREE( 3) COURSES: THE FOLLOWNG 1. NORTH 74 46' S1" WEST, FEET; 2. NORTH 0 38' 12" EAST, FEET; 3. SOUTH 89 21' 48" EAST, FEET, TO THE PONT OF BEGNNNG CONTANNG 4, 666 SQUARE FEET MORE OR LESS. A PLAT, EXHBT" B", S ATTACHED HERETO, AND BY THS REFERENCE MADE A PART HEREOF. END OF DESCRPTOV PREPARED BY LAND GE Mq CO G. L o Q No / AN B UCE A DONALD DATE LCE - LAND SURVEYORNO EXP. 12/ 31/ 19) STATE OF CALFORNA T y TF F CAl- F\ P m c Y som CNL EVGNEERNG LAND PL/, NNNG LAND SURVEYNG 5142 Fanklin Dive Suite B, Pleasanton, CA J P: 25223\ SRV vlapp ing\ Legals\ SDE. doc

11 EXH/B/T. ABn PAC 2 Of 1 o, LAND G MA C ` NO 38' 12" E Z o M; M 0. 8 P. O. B. o 115' N89 21 ' 48" W( R} ' S89 21 ' 48" E 2. 50' n i 30 P. O. C. S' y, of ca, F P w o T z N Q o jo N o ;'. xf vf, W 1 L7" RL, o JOAN 1 w PARCEL 1 s.;' 4'< \ PM , PARCEL 1 26 PM 114 c c, J'J,\ STORM DRAN o FF EASEMENT 4, 666± SF N 4 46 Sy W 8. 48, ' o 26 PM 14 LEGEND MONUMENT LNE SCALE: 1"= 50' BOUNDARY OF DESCRPTON EXSTNG PROPERTY LNE/ RGHT OF WAY p pt TO ACCOMPANY LEGAL DESCRPTON PM PARCEL MAP P. O. C. PONT OF COMMENCEMENT EXHBT ' B" P. O. B. PONT OF BEGNNNG STORM DRAN EASEMENT Qo STREET MONUMENT PER PM PM 114 N1- M MONUMENT TO MONUMENT AREA OF DESCRPTON CiY OF ATHROP CALFORNA 0 ENGNEERS PLANNERS SURVEYORS FRANKLN DR, PLEASANTON, CA ( 925) DRAWN BY DATE SCALE JOB N0. DY NOV "= 50' :30am Long Le P:\ 25223\ SRV MAPPNC\ PLATS\ SDE. DWG

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