HomeMy WebLinkAbout2015-10-13 - RESOLUTIONS - MONITORING WELL VALENCIA (2)AGREEMENTA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, APPROVING A GRANT OF EASEMENT AND RIGHTOF ENTRY AND CONSTRUCTION
PROPOSEDCLARITA AND THE CASTAIC LAKE WATER AGENCY IN CONNECTION WITH A
PROPERTY
AT THE VALENCIA LIBRARY
WHEREAS, Castaic Lake Water Agency (CLWA) has proposed the installation of a
groundwater monitoring well on public property at the Valencia Library (Library) located at
4WestValencia Boulevards Clarita (City); d
WHEREASI a monitoring well located at the Libraryability
to monitor long-term water quality within the Santa Clarita Valley; and
WHEREAS, the City requires a Grant EasementA) for
CLWA maintain and aand
VvTHEREAS, the City requires a Right of Entry and Construction Agreement (attached
:hereto as Exhibit or CLWA to access the construction area and construct said monitoring
well; and
WHEREAS, the City Council of the City of Santa Clarita, California hereby desires to
rant to CLWA a Grant of Easement and Right of :entry and ConstructionAgreement to
construct and access the monitoring'well site described in said easements attached hereto.
NOW THEREFORE, the City Council of the City of Santa Clarita, California does
hereby resolve as follows:
SECTION 2. ` City Council e hereby approveEasement and the
Right of Entry and Construction Agreement by and between the City and the CLWA in the form
presented to the City Council at the meeting at which this Resolution is being adopted.
�jECTION 3. This resolution shall take effect immediately.
SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution,
cause the same to be entered in the book of resolutions of the City, and make a minute of the
passage and adoption thereof in the records and proceedings of the City Council of the City in
the minutes of the meeting at which the same is presented.
PASSED, APPROVED,, AND ADOPTED this 13th day of October 2015.
2
MAYOR
DATE.- (D/C�1)� /4�0
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES s
CITY OF SANTA CLARITA I
1, Kevin Tfit, noian, City Clerk of the City of Santa Clarita, do hereby certify that the
foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a
regular meeting thereof, held on the 13thday of October 2015, by the following vote:
AYES: COUNCILMEMBERS: Boydston, Weste, Acosta, Kellar, McLeaj
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Date: October 13, 2015
Grantor.- Castaic Lake Water Agency
27234 Bouquet Canyon Road
Santa Clarita., CA 91350-2173
Grantee: City of Santa Clarita
ANNE& 23920 Valencia Boulevard, Suite 225
1 Santa Clarita, CA 91355
RECORDING REQUESTED BY AN
WHEN RECORDED MAIL TO: I
CITY OF SANTA CLARITA
Attention: CITY CLERK
23920 Valencia Blvd.
Santa Clarita, California 9135-,'-4.1
Telephone: 661-259-2489
Portion of APN 2861-009-908 FREE GOVERNMENT
RECORDING PURSUANT TO
GOVERNMENT CODE SEC. 27383
AND EXEMPT FROM TAX
PURSUANT TO REVENUE AND
TAX CODE SEC. 11922
GRANT OF EASEMENT
(Monitoring Well)
This Grant of Easement Agreement ("Agreement") is made this day of 1 2015, between the
City of Santa Clarita, a municipal corporation ("Grantor") and the Castaic Lake Water Agency, a public agency
organized and existing under the laws of the State of California, its Successors and Assigns (collectively,
"Grantee").
PUK&SAMUD
A. Grantor is the legal owner of a fee interest in certain real property located in the County of Los
Angeles, State of California ("Easement Area"), more specifically described in the attached Legal Description
(Exhibit A) and further depicted in the attached Map of the Easement Area (Exhibit B).
B. Grantee seeks to obtain a non-exclusive, revocable easement in, on, under and across a portion of
the Easement'Area for the purpose of drilling, installing, maintaining, and repairing a monitoring well. The
easement shall be permanent from the date of recording, unless terminated consistent with the provisions of this
easement. Grantee intends to install the proposed monitoring well for water sampling purposes in one parking
stall, in the parking lot area portion of the Easement Area. Grantee represents that access to the monitoring well
will be periodic, and generally no more than four times per calendar year.
C. Prior to any drilling, the Grantee or its designees will visit, select, and mark the actual location of
the well; obtain all necessary approvals for drilling; acquire any applicable well/boring permits; and coordinate
with Dig -Alert prior to any digging. Grantee represents that they will undertake only activities necessary in
furtherance of the water sampling activities, and work with the Grantor to prevent long-term impacts to the
Valencia Public Library's operations. This includes limiting sampling to the Valencia Public Library's non-
business hoursl, if available. The pat -ties will enter into a separate agreement which will detail the process of
scheduling of necessary monitoring actives.
D. Grantee's monitoring well is estimated to be 1,200 feet below ground. Grantee represents that
the monitoring well will be constructed in accordance with the California Department of Water Resources' Well
Standards, including those contained in Bulletin 74-81 and 74-90. The proposed design of the well is attached as
Exhibit C. and Grantee will immediately update Grantor with any changes to the proposed design. After the
installation, Grantee will cover the well with an 18 -inch manhole cover.
E. Now, therefore and in valuable consideration of the sum of $1,400.00, the receipt and sufficiency
of which is hereby acknowledged, Grantor and Grantee hereby agree as follows:
easement is ora non-exclusive, revocable easement in, on, under and across
the Easement Area for drilling, installing, maintaining, and repairing a monitoring well in the
Easement Area. This easement grant is permanent in nature unless terminated as provided for in
Section 7 below. In addition, the Grantee and its designees may reasonably access the areas
adjacent to the Easement Area, as depicted in Exhibit 13, to execute the rights contained in this
Agreement.
2. Grantor shall not erect or construct any building or other structure within the
easement route, strip, or parcel.
3. Grantee may remove all objects that may prevent access and use of the easeme
parcel under this easement, after written approval is provided by Grantor. Grantee shall b
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responsible for replacement of any non -permanent structures within the easement area, t a]
extends to any agreed upon removal of non -permanent structures required for maintenance o,
repair of the facilities related to the implementation of this Agreement.
4. Grantee must maintain the Easement Area in good condition, and in a manner that
does not unreasonably interfere with the Grantor's use of the Easement Area for any library
related purposes.
5. Grantor reserves the right with one-year written notice to, require Grantee, at
Grantee's expense, to remove and relocate all improvements placed by Grantee on the Easement,
upon determination by Grantor that the same will interfere with future development or use of
Grantor's property. Grantor shall grant Grantee with an easement in a feasible new location, on
the same terms and conditions as herein stated, and Grantee thereupon shall reconvey to Grantor
the easement herein granted.
6. Grantor shall retain all normal rights and incidents of ownership of the underlyin
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11
fee interest n the Easemi
ent Area not inconsistent wth this Agreement.
7. The easement may be terminated under the following circumstances:
a. By mutual agreement of the partiel
b. If Grantee uses the Easement in a manner not consistent with the grant of
rights described herein or if Grantee abandons or ceases to use the Easement, the Grantor shall be -
authorized to terminate the Easement upon 30 days written notice.
8. on the termination of this Easement, Grantee shall remove all equipment from
the Easement Area, at the Grantee's sole cost and expense, and restore the property to its original
condition to the extent reasonably practical.
9. Grantee agrees to indemnify, defend, and hold harmless the Grantor from and
against any action, suit, claim, damage, loss, cost, penalty, obligation, error, omission or liability
that is related to any act, omission, or negligence of the Grantee's use of this easement, including
any claims arising out of Grantee's construction of the monitoring well or its water sampling
activities.
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11. This Agreement may be enforced by an action at law or in equity and in the event
that suit is brought for the enforcement of this Agreement or as the result of any alleged breach
thereof, the prevailing party in such suit shall be entitled to recover reasonable attorneys' fees
from the other party and any judgment or decree rendered in such suit shall include an award
therefore. This Agreement shall be governed by, enforced and construed in accordance with the
laws of the State of California.
ND: 4846-2454-9633, v. 2
12. All notice required under this easement shall be provided to the following
contacts:
CITY.- City of to Clarita
Attn: Director of Public Works
23920 Valencia Boulevard, Suite 225
Santa Clarita, CA 91355
Telephone: 661-294-2520
CLWA: James R. Leserman, P.E.
Senior Engineer
Castaic Lake Water Agency
27234 Bouquet Canyon Road
Santa Clarita, CA 91350-2173
Telephone: 661-297-1600
1.3. Wherever possible, each provision of this Agreement shall be interpreted in such *,I
manner as to be valid under applicable law. If any provision of this Agreement is determined b
n
a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisio
shall nevertheless continue in full force and effect.
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14. This Agreement may be executed in one or more counterparts, wnicn, taken
together, shall constitute one complete and enforceable agreement.
15. All exhibits are incorporated into this Agreement by reference. This is the entire
agreement between Grantor and Grantee with respect to this easement. No other prior oral or
written agreements are binding on the parties. Any modification of this Agreement will be
effective only if it is in writing and executed by both parties.
Executed on this day of 2015.
CITY OF SANTA CLARITA
a municipal corporation
M
Kevin Tonoian
City Clerk
Kenneth W. Striplin
City Manager
APPROVED AS TO FORM:
Burke, Williams and Sorensen, LLP
Joseph M. Montes
CityAttorney
M
Dan Masnada
General Manager
LJ
Exhibit A Legal
Description
That portion of the Rancho San Francisco in the City of Santa Clarita, County of Los Angeles,
State of California, per Map filed in Book I Pages 521 and 522 of patents, records of said
County, described as follows:
Commencing at the intersection of the centerline of variable width Valencia Boulevard with the
centerline of I 00.00 -foot wide Magic Mountain Parkway-,
thence, along the centerline of Valencia Boulevard, South 17' 36' 35" West 176.22 feel
thence, leaving said centerline South 73' 22' 36" West 114.33 feet to the Point of Beginning;
thence, eei.
1, South 19' 33' 24" West 6.00 f
thence,, South 70' 26' 36" East 6.00
feet thence., North 190 331 24" East 6.0#
thence, North 70' 26' 36" West 6.00 feet to the Point of Beginning.
ND: 4846-2454-9633, v. 2)
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STATE OF CALIFORNIA
ss.
COUNTY OF
On , before me, , a
notary public, personally appeared personally
known to me {car 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 me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures)
on the instrument, the person(s), or the entity upon behalf of is the person(s) acted, executed
the instrument.
Witness my hand and official seal.
tThis area for official notary seat'
L
(Certificate of Acceptance, Government Code Section 2728 1)
This is to certify that the CASTAIC LAKE WATER AGENCY, a public agency organized and
existing under the laws of the State of California, Grantee herein, hereby accepts for public purposes the
real property or interest therein, conveyed by the within Easement Grant Deed and consents to t e
recordation thereof in the County of Los Angeles, State of California.
In witness whereof, I have hereunto set my an this day of 12015.
CASTAIC LAKE WATER AGENCY
Dan Masnada, General Manager
ND: 4846-2454-9633, v. 2
A
[on
Date: October 13, 2015
Grantor: Castaic Lake Water Agency
27234 Bouquet Canyon Road
Santa Clarita, CA 91350-2173
Grantee: it of Santa Clarita
23920 Valencia Boulevard, Suite 225
Santa Clarita, CA 91355
�J
me i PROJECT: Castaic Lake Water Agency
Monitoring Well
PARCEL
O. APN 2861-009-908
OWNER: City of Santa Clarita
PC
(Monitoring Well)
This Entry and Construction Agreement ("Agreement") is between the City of Santa Clarita ("City") and
the Castaic Lake Water Agency ("CLWA"), and is effective as of 2015 ("Effective
Date").
L`', ff, a 5 HAW, ,
A. City is the legal owner of real property located at 23743 Valencia Blvd., Santa Clarita,
CA ("Property"), more specifically described in the attached Legal Description (Exhibit A) and further
depicted in the attached Map of the Property (Exhibit B). The Property is currently used to operate the
Valencia Public Library.
ell B. CLWA is constructing a monitoring well on a portion of the Property that is used for
I
parking to conduct water sampling ("Project") of water sources located within the City. CLWA seeks an
agreement from the City to temporarily use portions of the Property to access, stage, store, and otherwise
use the Property in order to construct the monitoring well.
Now therefore'. Grantor and Grantee hereby agree as followso
1. Right of Entry and Establishment of Work Areas. City grants CLWA (including it
employees, agents and contractors) the right to enter the Property for the purposes of: (a) constructing th
Project (also referred to herein as the -, and (b) establishing temporary work areas on th
Property, includin travel paths as depicted within Exhibit B in support of the Work ("Work Area").
2. Construction Travel Paths. City further grants CLWA (including its employees, agent
and contractors) permission for temporary ingress and egress across the Property to and from the Wor
Area via the travel paths ("TP") depicted on Exhibit B. As depicted in Exhibit B, for security and safe
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t
CLWA will erect and maintain fencing in the Work Area and TP during the construction of Prcje
improvements, in a manner acceptable to the City. At the conclusion of construction of the Prcje
Improvements and use of the TP, CLWA will remove such fencing and will restore the Property to is
close to original conon as possible.
3. Hours of or CLWA will conduct work Monday to Friday 7:00 a.m. to 5:00 P.M. If
additional hours or days are required, CLWA will be required toobtain written permission from the City
first.
4. Term. This Agreement commences on the, Effective Date and will terminate upon the
sooner of (1) the completion of the Project, or (2) 6 weeks from the City's receipt of written notice from
CLWA of the commencement of construction activity.
5. Termination. This Agreement may be terminated under the following circumstances:
a. By mutual agreement of the parties.
b. If CLWA violates this Agreement or if CL WA abandons or fails to construct the
well improvements in the Term period, the Grantor shall be authorized to terminate this Agreement upon
15 days written notice.
In the event this Agreement is terminated, Grantee shall remove all equipment from the Property,
at CLWA's sole cost and expense, and restore the property to its original condition to the extent
reasonably practical.
6. Indemnification. C agrees to indemnify, defend, and hold harmless the City from
and against any action, suit, claim, damage, loss, cost, penalty, obligation, error, omission or liability that
is related to any act, omission, or negligence of the CLWA's use of this Agreement or the Property,
except to the extent arising from the sole or active negligence or willftil misconduct of City.
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7. Insurance. Prior to commencing any or at the Property, CLWA and its contractors
must carry, maintain, and keep in full force and effect, insurance commercial general liability,
comprehensive automobile liability, and Workers' Compensation insurance meeting all of the following
requirements:
a. A commercial general liability policy in an amount not less than Two Million
Dollars ($2,000,000) combined single limit, including contractual liability.
b. A comprehensive automobile liability policy in the amount of One Million
Dollars ($1,000,000) combined single limit. Such policy or policies shall be written on an occurrence
form.
C. Workers' Compensation insurance as required by law.
d. Companies writing the insurance required hereunder shall be approved to
conduct business in the State of California. CLWA's insurance shall be placed with insurers with a
current A.M. Best's rating of no less than A -NII. CLWA shall furnish appropriate certificate(s) of
insurance evidencing the insurance coverage required by City hereunder., and the City and its officers,
officials and employees shall be named as additional insured parties under the liability policies required
hereunder. Coverage provided hereunder by CLWA shall be primary insurance and shall not be
contributing with any insurance, self-insurance or joint self-insurance maintained by City, and the policy
shall contain such an endorsement. The insurance policy or the endorsement shall contain a waiver of
subrogation for the benefit of City tothe extent that such waiver is commonly available with respect to
such coverages. Within thirty (30) business days following City's written request, CLWA shall deliver,
or cause its contractor to deliver, to City, certificates evidencing the insurance required hereunder. If
CLWA opts to provide such coverage itself rather than through its contractor, CLWA may maintain such
commercial general liability insurance coverage and satisfy its insurance obligations under this paragraph,
by virtue of CLWA's participation in a joint powers insurance authority, so long as the coverage afforded
thereby is at least equivali:..nt the liability insurance coverage required above. The Grantor's officers,
agents and employees shall be named as an additional insured on the Grantee's insurance.
8. This Agreement may be •enforced by an action at law or in equity and in the event that
suit is brought for the enforcement of this Agreement or as the result of any alleged breach thereof, the
prevailing party in such suit shall be entitled to recover reasonable attorneys' fees from the other party
and any judgment or decree rendered in such suit shall include an award therefore. This Agreement shall
be governed by, enforced and construed in accordance with the laws of the State of California.
9. All notice required under this Agreement shall be provided to the following contacts:
LA #4833-4524-1125 v1
CITY: City of Santa Clarita
Attn- Director of Public Works
23920 Valencia Boulevard, Suite 225
Santa Clarita, CA 91355
Telephone: 661-294-2520
CLWA: James R. Leserman, P.E.
Senior Engineer
Castaic Lake Water Agency
27234 Bouquet Canyon Road
Santa Clarita, CA 91350-2173
Telephone.- 661-297-1600
Interpretation. Wherever possible, each provision of this Agreement shall be interpreted in such a manner
as to be valid under applicable law. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless
continue in full force and effect.
10. CounteEparts. This Agreement may be executed in one or more counterparts, which,
taken together, shall constitute one complete and enforceable agreement.
11. Severab . If any term, covenant, condition or provision oft is Agreement is found by
a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions will
remain in full force and effect and will not be affected,, impaired or invalidated thereby.
12. California Law. This Agreement will be construed and interpreted pursuant to the laws
of the State of California.
13.- Recitals and Exhibits. The foregoing recitals and exhibits are incorporated herein by
reference as though fully set forth.
14. Amendment. Any amendment to this Agreement must be made in writing and signed by
the parties.
Executed on this day of 12015.
CITY OF SANTA CLARITA
?. municipal corporation
M
Kevin Tonoian
City Clerk
LA #4833-4524-1125 v 1
Kenneth W. Striplin
City Manager
Burke, Williams and Sorensen, LLP
Joseph M. Monte
City Attorney I
ion
LA #4833-4524-1125 v1
Dan Masnada
General Manaer
g
Exhibit A Legal
Description
Temporary Construction
Easement .
That portion of the Rancho San Francisco in the City of Santa Clarita, County of Los Angeles,
State of California,, per Map filed in Book I Pages 521 and 522 of patents, records of said County,
described as follows. -
Commencing at the intersection of the centerline of variable width Valencia Boulevard with the
centerline of I 00.00 -foot wide Magic Mountain Parkway,
thence, along the centerline of Valencia Boulevard, South 17' 36' 35" West 176.22 feet;
thence, leaving said centerline North 71' 16' 56" West 54.86 feet to a point on the northeasterly
line of the land described in the Quitclaim Deed from the County of Los Angeles to the City of
Santa Clarita recorded on June 23, 2011 as Instrument Number 20110850402.
', records of said
County, said point being the Point of Beginning,
thence, along said northeasterly line and the northwesterly projection thereof,
North 70'21' 59" West 80.22 feet-,
thence, South 19' 24' 25" West 28.02 feet;
thence, South 70' 22' 25" East 36.72 feell
thence, South 19' 33' 24" West 136.39 feet;
thence, South 70' 2 1' 18 " East 3 5.24 feet tote beginning of a non -tangent curve concave
northwesterly having a radius of 1258.71 feet, a radial line through said point bears out
63' 50' 39" East,
thence northeasterly along said curve through a central angle of 7' 29' 54" an arc distance of
164.73 feet to the Point of Beginning
Except therefrom that portion thereof not included within the land described in said instrument
Number 20110850402.
LA #4833-4524-1125 v1
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