DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/ CITY ENGINEER SUBJECT: SOUTHERN CALIFORNIA GAS COMPANY OVER A PORTION OF THE

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1 Agenda Item AGENDA REPORT Reviewed: City Manager A Finance Director / MEETING DATE: APRIL 17, 2018 TO: JEFFREY C. PARKER, CITY MANAGER FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/ CITY ENGINEER SUBJECT: APPROVE A REVISION TO THE GRANT OF EASEMENT TO THE SOUTHERN CALIFORNIA GAS COMPANY OVER A PORTION OF THE FUTURE FLIGHT WAY ( PRIVATE ROAD) SERVING THE FLIGHT OFFICE DEVELOPMENT AT TUSTIN LEGACY SUMMARY On March 7, 2018, the Tustin City Council approved a grant of easement to the Southern California Gas Company ( Gas Co.) for a gas line to be provided in the City owned portion of Flight Way ( Parcel 2) which delivers gas service to the Flight office campus at Tustin Legacy. After providing the executed grant of easement to the Gas Co. for recordation, a request to modify the routing of the gas line was made by the Gas Co., which consisted of providing a 90 degree turn in lieu of the 45 degree turn identified on the legal description accompanying the easement. Recordation of the grant of easement and installation of the gas line are on hold pending approval of attached) by the City Council. Staff is also requesting that the City Council delegate authority to the City Manager to make any future revisions to the easement that may a revised legal description ( be requested by the Gas Co. until such time that the gas facilities have been completed. RECOMMENDATION It is recommended that the City Council authorize the Mayor and City Clerk to execute a revised grant of easement to the Gas Co. over a portion of Parcel 2 of Parcel Map No as shown on the attached easement document exhibit for the purposes of installation and maintenance of gas facilities; and authorize the City Manager to approve any future modifications to the proposed grant of easement which may be necessary to meet the intent of providing gas service to the Flight project. FISCAL IMPACT There is no fiscal impact associated with the proposed grant of easement. CORRELATION TO THE STRATEGIC PLAN This agreement contributes to the fulfillment of two goals in the City' s Strategic Plan. First is contribution to the fulfillment of the City' s Strategic Plan Goal A: Economic and Neighborhood Development; specifically the project implementation of Strategy # 1 which, among other items, is to develop critical phases of Tustin Legacy. Secondly, the project addresses Goal D, Strategy # 2, by working collaboratively with agencies to address issues of mutual interest and concern. 149

2 DISCUSSION/ BACKGROUND Revised Grant of Easement to the Gas Company over portions of Flight Way ( Phase 2) April 17, 2018 Page 2 of 2 The proposed grant of easement to the Gas Co. for the installation and maintenance of gas facilities is a standard utility practice and beneficial to the development of the Flight office campus. As the current property owner of Phase 2, it is necessary for the City to grant such an easement to allow for gas service to Phase 1 as well as the future Phase 2 of the Flight development. A copy of the proposed revised easement document is attached for information, and the location of the easement is shown on Exhibit " B" of the document. tack, P. E. ublic Works/ City Engineer Attachment( s): 1. Revised Grant of Easement Document for Gas Company facilities over a portion of Parcel 2 of Parcel Map No

3 Recording Requested by and when recorded mail to: Southern California Gas Company 8101 Rosemead Blvd., ML SC722K Pico Rivera, California Attn.: Land & Right of Way 4; w DOCUMENTARY TRANSFER TAX $ CONVEYANCE OF EASEMENT ( OIL AND GAS LEASE) AND CONSIDERATION & VALUE Is LESS THAN $ 100. R& T Leak Survey Area: OC 682-3X Computed on full value of property conveyed APN: CPD#: Computed on full value less liens and encumbrances remaining at time of sale DISTRIBUTION R.W Southern California Gas Company GRANT OF EASEMENT FOR VALUABLE corporation, (" CONSIDERATION, Grantor"), THE CITY OF TUSTIN, a California hereby grants to Southern California Gas Company, municipal a California corporation, its successors and assigns (" Grantee"): A foot in width permanent non- exclusive easement (" Easement") to excavate for, lay, construct, reconstruct, relocate, reconfigure, use, inspect, maintain, operate, repair, replace, patrol, change the size of, add to, or remove from time to time, as Grantee deems necessary, one or more pipelines and conduits, together with devices for metering, measuring, regulating, cathodic protection, communications and other appurtenances ( all hereinafter referred to as the Facilities") for the transportation and distribution of natural gas and communications as Grantee deems necessary, convenient or beneficial over, under, through, along, and for all other purposes connected therewith, and together with the reasonable right of ingress and egress to and from the Easement to access the Facilities and the right to use Grantor' s abutting property during construction and maintenance of the Facilities, the strip of land located in the City of Tustin in the County of Orange, California, described in Exhibit " A" and depicted in Exhibit `B" attached hereto, and made a part of this agreement. Grantor, for its heirs, successors and assigns, agrees that, except as provided below, no change of grade of the Easement shall be made, that it shall not be inundated, that it shall be kept free of trees, deep- rooted shrubs, buildings and structures of all kinds ( except for Grantee' s Facilities), that nothing shall be done to impair Grantee's vehicular access to or along the Easement, and that nothing shall be done that unreasonably interferes with Grantee' s use of the Easement. Distribution Easement Form 1390 Reviewed by Legal Dept. Michelle Meghrouni 3/ 5/

4 Grantee shall have the right, but not the duty, to trim or remove trees, brush, roots or material from the Easement whenever Grantee deems it necessary. Said right shall not relieve Grantor of the duty as owner to trim or remove trees, brush or material to prevent danger or hazard to property or persons. Grantor reserves the right to ( 1) use any surface or subsurface areas, provided such use does not unreasonably or substantially interfere with Grantee' s use of the Easement; ( 2) improve the Easement area surface with landscaping ( except trees and deep- rooted shrubs), paved driveways, parking surfaces, sidewalks, curbs and gutters; provided, however, that before making any such improvements involving a change of grade, Grantor and its heirs, successors and assigns, shall notify the Grantee in advance and comply with underground service alert notification requirements pursuant to Government Code Sections 4216 and following. This Easement shall be binding upon and inure to the benefit of successors, heirs, and assigns of Grantor and Grantee. 152

5 R.W IN WITNESS WHEREOF, these presents are hereby signed this 20_ day of, GRANTOR: THE CITY OF TUSTIN, a California municipal corporation Signature Signature Name Name Title Title ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA } ss COUNTY OF On, I 20 before me,, a Notary Public, who personally appeared, 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 the that he/ she/ they executed the same in his/ her/their authorized capacity(ties), 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. Seal) Signature Commission #: Commission Expiration: 153

6 EXHIBIT " A" I 2 LEGAL DESCRIPTION 3 4 SOUTHERN CALIFORNIA GAS COMPANY EASEMENT That certain parcel of land situated in the City of Tustin, County of Orange, State of California, 9 being that portion of Parcel 2 of Parcel Map No as shown on a map filed in Book 388, 10 Pages 26 and 27 of Parcel Maps in the Office of the County Recorder of said Orange County, 11 included within a strip of land feet in width, the centerline of said strip being described as 12 follows: COMMENCING at the easterly corner of Lot 8 OF Tract No as shown on a map filed in 15 Book 969, Pages 12 through 16, inclusive, of Miscellaneous Maps in the Office of the County 16 Recorder of said Orange County; Thence along the southeasterly line of said Lot 8 South 40' 40' 19" West feet to the TRUE 19 POINT OF BEGINNING; Thence leaving said southeasterly line South 53 29' 26" East feet; Thence South 05037' 20" East feet; Thence South 52' 16' 37" East feet; Thence North 37042' 30" East feet; Thence South 52 16' 41" East feet; Thence South 52' 17' 14" East feet to the POINT OF TERMINATION in the easterly line 32 of said Parcel 2, being also the westerly right ofway line ofarmstrong Avenue (46 foot halfwidth) 33 as shown on said Parcel Map No The sidelines of said strip to be prolonged or shortened to terminate northwesterly in said southeasterly line of Lot 8 and southeasterly in said easterly line of Parcel CONTAINING: 7, 675 Square Feet or Acres, more or less SUBJECT TO all Covenants, Rights, Rights -of W - ay and Easements of Record EXHIBIT " B" attached and by this reference made a part hereof Page 1 of 2 154

7 Southern California Gas Company Easement Exhibit "A" ANo 51 52V4'efptd..;=. 03/ 20/2018 THOMAS E. 53 omas E. Verloop, L.S. 8 Date VERLOOP L Michael Baker International ( P Hutton Centre Drive, Suite 500 ' 4 57 Santa Ana, California Op cad 58 PN He\pdata\ l48280\ Admin\ Surveying Geomatics\ Gas Lgl\SoCal Gas Lgl Phase Idocm Page 2 of 2 155

8 LEGEND 150 P. O. C. POINT OF COMMENCEMENT T. P. O. B, TRUE POINT OF BEGINNING SCALE: 1"= 150' P. O. T. POINT OF TERMINATION PARCEL 2 PARCEL MAP N0. P. M. B / C 3rs S 0 1' 20,+E S52 16' 41" E ' Lo 10 m 8S" P.O.T. Mm 46' 46 SE' LY LINE E'E' LYLY LINELINE PARCELPARCEL 22 BASIS OF BEARINGS: LAND BEARINGS SHOWN HEREON ARE E. BASED ON THE SOUTHEASTERLY LINE OF LOT 8 OF TRACT NO , M. M. 969/ O p Z O BEING N40040' 19" E L. S SHEETSHEET 11 OFOF 11 SHEETSSHEETS EXHIBIT " Bn XM TOAs CWMYA LEG& DESCMP" FOR 90UTI ieiihl MUFCRNIA W COWAWY EASBENT CONTAINING 7,572 SQ. Fr. OR 0.17 ACRES+ IFEBRUARY 27, 2018 of IN THE CITY OF TUSTIN COUNTY OF ORANGE STATE OF CALIFORNIA PROJECTED SEC. T. 5 S., R. 9 W. 29, S. B. M. INTERNATIONAL INTERNATIONAL 55 HuttonHutton CentreCentre Drive,Drive, SuiteSuite SantaSanta Ana,Ana, CACA )949) MBAKERINTLCOM MBAKERINTLCOM