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Home My WebLink About2020-05-26 - AGENDA REPORTS - SCV WATER AGENCY AND SOUTHERN CA EDISON ESMT DEDIC (2)O Agenda Item: 7 P CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL:1 DATE: May 26, 2020 SUBJECT: SANTA CLARITA VALLEY WATER AGENCY AND SOUTHERN CALIFORNIA EDISON EASEMENT DEDICATION DEPARTMENT: Recreation and Community Services PRESENTER: Janine Prado RECOMMENDED ACTION City Council approve and authorize the City Manager or designee to execute the attached Grant of Easement (EAS19-00028) to Santa Clarita Valley Water Agency. BACKGROUND Santa Clarita Valley Water Agency (SCVWA) has requested to install a 29' x 19' pressure reducing station along Sierra Highway on property previously dedicated to the City of Santa Clarita, Assessor's Parcel Number 2827-052-904. The purpose of the pressure reducing station is to regulate water pressure from Zone 2 to Zone 7 of the Needham Ranch project. In an emergency situation, the pressure reducing station will regulate the water pressure should the pressure drop. A 6' high wall with landscaping will screen the structure from pedestrian and vehicle view along Sierra Highway. The Needham Ranch project was originally approved by the City Council on June 24, 2003, as part of Master Case 99-264, including the certification of the Environmental Impact Report prepared for the project, along with the following entitlements: Tentative Tract Map 50283; the Development Agreement; General Plan Amendment; Zone Change; Conditional Use Permit; Hillside Review; and Oak Tree Permit. The Final Tract Map for Tract No. 50283-01 was approved by City Council on February 27, 2018. ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT Page 1 Packet Pg. 59 There is no fiscal impact for this item. ATTACHMENTS Grant of Easement EAS 19-00028 Easement Location Map Page 2 Packet Pg. 60 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Exempt from fees pursuant to Government Code Section 27383 Santa Clarita Valley Water Agency - PO Box 903 Santa Clarita, CA 91380-9003 ATTN: Mike Alvord APN: 2827-052-904 GRANT OF EASEMENT EAS 19-00028 SPACE ABOVE LINE FOR RECORDER Documentary Transfer Tax $ None Signature of Declarant or Agent (no ) (consideration) Santa Clarita Valley Water Agency This is a conveyance of an easement or deed and the consideration and Value and consideration less than $100 R & T 11911. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF SANTA CLARITA ("Grantor"), does hereby grant to the SANTA CLARITA VALLEY WATER AGENCY, a California special act water agency (Chapter 833, Statutes of 2017), and its successors, assigns, and invitee ("Grantee"), a permanent non-exclusive easement and right of way in, upon, over, and across the lands hereinafter described to construct, reconstruct, replace, maintain, alter, inspect, survey, operate, remove and use a water pipeline or pipelines, wells, water tanks, conduit or similar facilities of whatever nature, valves and meter structures, service connections, and other necessary facilities and appurtenances for public utility purposes therewith (collectively, the "Easement Facilities"), including, but not limited to the foregoing, together with the right of ingress thereto and egress therefrom, to and along said right of way by a principal route or routes in, upon, over, across and along the herein described lands, together with the right to maintain, clear and keep clear said right of way. The lands in which said general non-exclusive easement and right of way is hereby granted (collectively referred to as "the Easement Property") are as described in Exhibits A and B attached hereto and incorporated by reference. Grantor agrees for itself, its heirs, successors and assigns, not to plant, erect, install, alter, place or maintain, nor to permit the planting, erection, a Iteration, placement or maintenance of any tree, building, or permanent structure (collectively, "Permanent Structure") on the Easement Property. If any Permanent Structure is made on the Easement Property, any such Permanent Structure shall be removed at Grantor's sole cost and expense within thirty (30) days after the receipt of Grantee's written request. Grantee and its contractors, agents and employees, shall have the right to trim or cut tree roots and shall have free access to any and all systems and infrastructure that may exist on the Easement Property at all times, for the purpose of exercising rights herein granted, however, that in making any excavation of said Easement Property, the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable, including replacing or repairing any asphalt or other existing road surfaces. Grantee shall use and operate the Easement Property and the Easement Facilities in a manner so as to insure the safety of persons or property in the vicinity of the Easement Property and Easement Facilities, including, without limitation, installing appropriate protective devices such as, but not limited to, walls or fencing, and appropriate signage warning of any potential hazards. Grantee agrees that it will, at its expense, install landscaping in conformity with Exhibit C attached hereto and incorporated by reference, and will maintain such landscaping in good condition. Grantee agrees to indemnify, protect, defend and hold harmless Grantor, its officials, officers, agents, employees, successors and assigns from and against any and all claims, liabilities, losses, penalties, fines, actions, causes of action, costs and expenses (including attorneys' fees and court costs) which they, or any of them, may suffer or incur arising out of or relating to (a) Grantee's use and operation of the Easement Property and Easement Facilities, (b) Grantee's exercise of its rights granted under this agreement, and (c) the activities of Grantee, its employees, agents, servants and contractors in or about the Easement Property or the Easement Facilities. The easement granted herein, the restrictions hereby imposed, and the agreements contained in this agreement shall be deemed to be an easement, restriction, and covenants running with the land pursuant to California Civil Code Section 1468 and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successor, and assigns. Notwithstanding the foregoing or anything else in this agreement to the contrary, if Grantee ceases to use the Easement Facilities for a continuous period of three hundred sixty-five (365) days (except where due to the making of alterations or necessary repairs to the Easement Facilities), then this agreement and the easement and right of way granted hereunder shall automatically terminate and be of no further force and effect; provided, that without limiting the foregoing, in the event of such cessation of use, upon written demand by Grantor, Grantee agrees to execute and deliver to Grantee a quitclaim deed in recordable form acknowledging the termination of this agreement and quitclaiming the Easement Property to Grantor; provided, further, that if Grantee fails to execute and deliver such quitclaim deed to Grantor within thirty (30) days following Grantor's receipt of Grantee's written demand, then Grantee shall be irrevocably authorized to record a notice of termination of this Agreement and the easement and right of way granted hereunder. This instrument shall inure to the benefit of, and be binding upon, the respective heirs, personal representatives, successors and assigns of Grantor and Grantee, respectively. Reference herein to Grantor and Grantee and its or their rights and obligations hereunder shall include reference to any successors in interest and assignees of Grantor and Grantee. Subject to the rights of Grantee, covenants and restrictions contained herein, Grantor retains the right to use the Easement Property for any purpose (including, without limitation, for the purpose of granting further easements) that does not interfere with Grantee's use of the Easement Property and exercise of all rights and privileges thereof. Date: IN WITNESS WHEREOF, this instrument has been executed as of the date first set forth above. GRANTEE Santa Clarita Valley Water Agency - a California Special Act Water Agency Its: General Manager GRANTOR City of Santa Clarita, a general law city and municipal corporation By: Its City Manager •;, l- l 1, THAT r T OF LOT 12, IN THE CITY F f. ' [ CLARITA, COUNTY OF LOS ANGELES, STATE O CALIFORNIA, AS SHOWN ON MAP OF TRACT NO. 50283-01 FILED IN BOOK 1403, PAGES 71 THROUGH 78, INCLUSIVEi OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, DESCRIBED AS O. [ r [.. • [ s j �', CENTRALrHENCE NORTHERLY ALONG SAID WESTERLY LINE OF SIERRA HIGHWAY AND ALONG SAID CURVE — THROUGH A ANGLE OF 6*2 s AN ARC DISTANCEOF • THE TRUE POINT OF THENCE CONTINUING NORTHERLY ALONG SAID WESTERLY LINE OF SIERRA HIGHWAY AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01°59'16" AN ARC DISTANCE OF 32.68 FEET; THENCE LEAVING SAID WESTERLY LINE OF SIERRA HIGHWAY, NORTH 81°34'03" WEST 20.91 FEET; THENCE SOUTH 08°25'57" WEST 32.68 FEET; THENCE SOUTH 81°34'03" EAST 21.27 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 692 SQUARE FEET, MORE OR LESS 5642 EXHIBIT "L" EAS 19-00028 S83°11'37"E (R Q AND S,� �I L.S.5642 .rn co It � L a -cPoe �OF CAS\F� L3 o � S81°12'21"Eclq (� 02-13-20 LOT 12 TRACT NO. 50283-01 M.B. 1403-71-78 LINE TABLE N0, BEARING LENGTH L1 N81°34'03"W 20.91' L2 S08°25'57"W 32.68' L3 S81°34'03"E 21.27' 1N co N LEGEND POC POINT OF COMMENCEMENT TPOB TRUE POINT OF BEGINNING POC m 4t W r PRESSURE REDUCING STATION L - - J C FEET 30' 15' 0' 30' INCHES