HomeMy WebLinkAboutCC Item No. 11 Grants of Easements to EVMWDCITY OF
1S11Y01ZE
DREAM EXTREME.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: DECEMBER 14, 2010
SUBJECT: GRANT OF EASEMENTS TO ELSINORE VALLEY MUNICIPAL WATER
DISTRICT
Background
Elsinore Valley Municipal Water District (EVMWD) is in the process of improving the
quality of their overall water distribution system. EVMWD is asking the City for two (2)
easements, a 76 foot wide temporary construction easement and a 20 foot wide
permanent utility easement.
Discussion
EVMWD needs to construct a water pipeline along the south east side of a parcel of
land owned by the City and identified as Lot 38 of Tract No. 31920-1 filed in Book 394,
pages 41 through 51, inclusive, of Maps in the Office of the County Recorder of
Riverside County. The pipeline will allow EVMWD to blend water from different wells in
order to improve the quality of the water and meet regulatory requirements. The 76 foot
wide easement will be temporary, and for construction purposes only. The temporary
easement will expire on December 1, 2011. The 20 foot wide easement will be
permanent in nature, and allow for future maintenance of the new pipeline.
Fiscal Impact
There are no fiscal impacts to the City. All costs related to this easement shall be the
responsibility of Elsinore Valley Municipal Water District.
AGENDA ITEM NO. 11
Page 1 of 15
Grant of Easement to EVMWD
December 14, 2010
Page 2
Recommendation
Authorize the City Manager to process the easement documents and instruct staff to
forward the document to the County for recordation.
Prepared by: Dina Purvis
Engineering Technician
Ken Seumalo (4S
Director of Public Works
Approved by: Robert A. Brad
City Manager
Attachment: Vicinity Map
Easements
Page 2 of 15
VICINITY MAP
EVMWD WELL BLENDING SITE
GRANT OF EASEMENTS
\f
)PROJECT SITEI
O
CITY COUNCIL MEETING
DECEMBER 14, 2010
Page 3 of 15
Page 4 of 15
Recording requested by and
when recorded return to:
Engineering Dept.
Elsinore Valley Municipal Water District
PO Box 3000
Lake Elsinore, CA 92531-3000
APN:371270027
Exempt - Gov't Code 6103
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real
property conveyed by this instrument is
hereby accepted by the undersigned
Agency on behalf of the Board of Directors
of the Elsinore Valley Municipal Water
District pursuant to authority conferred by
Resolution No. 649 adopted by said Board
November 17, 1980 and the grantee
consents to recordation thereof by its
duly authorized officer.
DOCUMENTARY TRANSFER TAX
No Documentary Transfer Tax due -
Grantee is a public agency
(Rev. & Tax. Code Section 11922)
E. Young, General Manager
GRANT OF EASEMENT
FOR VALUABLE CONSIDERATION, CITY OF LAKE ELSINORE, Grantor, hereby
grants to the ELSINORE VALLEY MUNICIPAL WATER DISTRICT, a public agency,
Grantee, and assigns, the following described easement and rights in and upon that
certain real property located in the City of Lake Elsinore, County of Riverside, State of
California, described on Exhibits "A", Legal Description, and "B", Plat Map, attached
hereto and by this reference made a part hereof.
An easement in, upon, over, under and across the property described on
Exhibits "A" and "B" attached hereto for the construction, reconstruction, replacement,
repair, maintenance and use of an access road and a pipeline for water purposes
together with all necessary fixtures and appurtenances at such locations and elevations,
upon, along, over and under said real property as Grantee may now or hereinafter deem
convenient and necessary from time to time, together with the right of ingress thereto
and egress there from, to and along said easement by a convenient route or routes in,
upon, over and across the said described property.
Grantee shall have the further right to use during the construction of said
access road and pipeline such areas adjacent to the easement herein granted as may be
reasonably necessary for the performance of the work and for access to the work during
construction.
Page 5 of 15
Grantor shall not erect any building, fence or other structure upon said
easement which will in any way interfere with Grantee's rights and operations
hereunder.
Grantor shall not increase or decrease or permit to be increased or decreased,
the now existing ground elevations of said easement without the prior written consent of
Grantee.
Grantee shall make every effort to cooperate with other utilities in sharing the
use of the easement herein granted provided that such sharing will not adversely effect
Grantor's use of the easement as described herein.
This instrument shall be binding upon and encumber the benefit of the
successors and assigns of Grantor.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this
day of 120-.
State of California )
County of Riverside) as.
On before me,
Notary Public, personally appeared
GRANTOR
(Signature)
(Print name, Title)
(Company Name)
(Street Address)
(City, State, Zip)
GRANTOR:
(Signature)
(Print name, Title)
(Company Name)
(Street Address)
(City, State, Zip)
who 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
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
Notary Public in and for said County and State
F:Engin\Va1\Fo=\0=t of Easement Page 6 of 15
RBF CONSULTING
40810 County Center Drive, Suite 100
Temecula, CA 92591-6022
August 13, 2010
JN 15102087-M1
Page 1 of 1
EXHIBIT "A"
WATER EASEMENT
That certain parcel of land situated in the City of Lake Elsinore, County of Riverside, State of
California, being that portion of Lot 38 of Tract No. 31920-1 filed in Book 394, pages 41 through
51, inclusive, of Maps in the Office of the County Recorder of said County, within a strip of land,
20.00 feet in width, the sidelines of said strip lying 6.00 feet southeasterly, and 14.00 feet
northwesterly of the following described line:
COMMENCING at the most easterly corner of said Lot 38;
thence along the northeasterly line of said Lot 38 North 51°26'09" West 36.01 feet to a line
parallel with and northwesterly 36.00 feet from the southeasterly line of said Lot 38, said point
being the TRUE POINT OF BEGINNING;
thence leaving said line along said parallel line South 37°11'53" West 423.40 feet to the
southwesterly line of said Lot 38, said point being the POINT OF TERMINATION.
The sidelines of said strip to be prolonged or shortened so as to originate in said northeasterly
line of Lot 38, and terminate in said southwesterly line of Lot 38.
CONTAINING: 8,469 square feet or 0.19 acres more or less.
EXHIBIT "B" attached hereto and by this reference made a part hereof.
This description was prepared
by me or under my direction.
O R O
No. 7568 n
AOL-
hn R. Duquette, 7566 o Exp.12.31•
My license expires 2/31/11
H:~ndata1151020871AdminVegaW2087LGL001.doc Page 7 Of 15
EM BIT TO
WATER EASEMENT
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LEGEND
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WATER EASEMENT
P.O.C. POINT OF COMMENCEMENT
C~ T.P.O.B. TRUE POINT OF BEGINNING
~F,9< P.O.T. POINT OF TERMINATION
\k, DuQ(j & IV
STS
0- -1 No. 7566
Exp. 2-31-
100 50 0 100 200 300
SHEET 1 OF 1
SCALE: 1"=100'
H:\PDATA\15102087\CADD\MAPPING\EXHIBIT\2087EX00l.DWG JDUQUETTE. 8/16/10 9:59 am CONSULTING
SCALE JOB NO.
AUGUST 13, 2010 1°=100' 15102087-M1
EVMWD ESMTS.OUT
RBF CONSULTING
JOB ID : 15-102087 DATE 08/16/2010 AT 10:25:30
FILE NAME : H:\PDATA\15102087\CADD\MAPPING\EXHIBIT\EVMWD ESMTS.TRV
TRAVERSE OF : C/L
ESMT LOT 38
TRAV # 1
BEARING
DISTANCE
NORTHING
EASTING
STARTING
AT 2177250.0244
6241103.3211 PT # 1300
N 51-26-09.00 w
36.0100
TO 2177272.4727
6241075.1645
S 37-11-53.00 w
423.4000
To 2176935.2132
6240819.1886
N 42-04-04.00 E
424.0800
TO 2177250.0302
6241103.3262
ERROR OF CLOSURE
NORTH =
-0.0058035
EAST = -0.0051006
BEARING
S 41-18-42.00 W DISTANCE = 0.0077
AREA =
7621.2 SF
0.1750 ACRES
PERIMETER
= 883.4900
PRECISION =
1 : 114,347
0
RBF CONSULTING
JOB ID : 15-102087 DATE 08/16/2010 AT 10:25:30
FILE NAME : H:\PDATA\15102087\CADD\MAPPING\EXHIBIT\EVMWD ESMTS.TRV
TRAVERSE OF : ESMT LOT 38 AREA
TRAV # 2
BEARING
DISTANCE
NORTHING
EASTING
STARTING
AT
2177272.4728
6241075.1643 PT # 1301
S
51-26-09.00 E
6.0000
TO
2177268.7325
6241079.8557
S
37-11-53.00 W
423.2500
TO
2176931.5925
6240823.9706
N
52-52-29.00 w
20.0000
To
2176943.6637
6240808.0243
N
37-11-53.00 E
423.7600
To
2177281.2099
6241064.2177
S
51-26-09.00 E
14.0000
TO
2177272.4825
6241075.1645
ERROR OF CLOSURE
NORTH =
-0.00
96228
EAST = -0.0001872
BEARING
S 01-06-52.00
w DISTANCE = 0.0096
AREA =
8468.9 SF
0.1944 ACRES
PERIMETER
= 887.0100
PRECISION =
1 : 92,161
D
Page 9 of 15
Page 10 of 15
Recording requested by and
when recorded return to:
Engineering Dept.
Elsinore Valley Municipal Water District
PO Box 3000
Lake Elsinore, CA 92531-3000
APN:371270027
Exempt - Gov't Code 6103
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real
property conveyed by this instrument is
hereby accepted by the undersigned
Agency on behalf of the Board of Directors
of the Elsinore Valley Municipal Water
District pursuant to authority conferred by
Resolution No. 649 adopted by said Board
November 17, 1980 and the grantee
consents to recordation thereof by its
duly authorized officer.
DOCUMENTARY TRANSFER TAX
No Documentary Transfer Tax due -
Grantee is a public agency
(Rev. & Tax. Code Section 11922)
Ronald E. Young, General Manager
ELSINORE VALLEY MUNICIPAL WATER DISTRICT
GRANT OP TEMPORARY CONSTRUCTION EASEMENT
This easement shall expire at midnight on December 1, 2011
FOR VALUABLE CONSIDERATION, CITY OF LAKE ELSINORE, Grantor, hereby
grants to the ELSINORE VALLEY MUNICIPAL WATER DISTRICT, a public agency,
Grantee, and assigns, the following described easement and rights in and upon that
certain real property located in the City of Lake Elsinore, County of Riverside, State of
California, described on Exhibits "A", Legal Description, and "B", Plat Map, attached
hereto and by this reference made a part hereof.
A temporary easement in, upon, over, under and across the property described
on Exhibits "A" and "B" attached hereto for the construction purposes together with the
right of ingress thereto and egress there from, to and along said easement by a
convenient route or routes in, upon, over and across the said described property.
Grantor shall not erect any building, fence or other structure upon said
easement which will in any way interfere with Grantee's rights and operations
hereunder.
Grantor shall not increase or decrease or permit to be increased or decreased,
the now existing ground elevations of said easement without the prior written consent of
Grantee.
Grantee shall make every effort to cooperate with other utilities in sharing the
use of the easement herein granted provided that such sharing will not adversely effect
Grantor's use of the easement as described herein.
Page 11 of 15
This instrument shall be binding upon and encumber the benefit of the
successors and assigns of Grantor.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this
day of 20
GRANTOR:
(Signature)
(Print name, Title)
(Company Name)
(Street Address)
(City, State, Zip)
GRANTOR:
(Signature)
(Print name, Title)
(Company Name)
(Street Address)
(City, State, Zip)
State of California )
County of Riverside ) ss.
On _ before me,
Notary Public, personally appeared
who 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
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
Notary Public in and for said County and State
H: \pdata\ 15102087\Admin\legals\Grant of Easement 2087LGL002.doc
Page 12 of 15
RBF CONSULTING
40810 County Center Drive, Suite 100
Temecula, CA 92591-6022
August 13, 2010
JN 15102087-M2
Page 1 of 1
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
That certain parcel of land situated in the City of Lake Elsinore, County of Riverside, State of California,
being that portion of Lot 38 of Tract No. 31920-1 filed in Book 394, pages 41 through 51, inclusive, of
I'Maps in the Office of the County Recorder of said County, within a strip of land, 76.00 feet in width, the
sidelines of said strip lying 36.00 feet southeasterly, and 40.00 feet northwesterly of the following
described line:
COMMENCING at the most easterly corner of said Lot 38;
thence along the northeasterly line of said Lot 38 North 51°26'09" West 36.01 feet to a line parallel with
and northwesterly 36.00 feet from the southeasterly line of said Lot 38, said point being the TRUE POINT
OF BEGINNING;
thence leaving said line along said parallel line South 37°11'53" West 423.40 to the southwesterly line of
said Lot 38, said point being the POINT OF TERMINATION.
EXCEPTING THEREFROM, that portion lying within a strip of land 20.00 feet in width, the sidelines of
said strip lying 6.00 feet southeasterly and 14.00 feet northwesterly of the following described line:
COMMENCING at the most easterly corner of said Lot 38;
thence along the northeasterly line of said Lot 38 North 51°26'09" West 36.01 feet to a line parallel with
and northwesterly 36.00 feet from the southeasterly line of said Lot 38, said point being the TRUE POINT
OF BEGINNING;
thence leaving said line along said parallel line South 37°11'53" West 423.40 feet to the POINT OF
TERMINATION.
CONTAINING: 23,713 square feet or 0.54 acres more or less.
EXHIBIT "B" attached hereto and by this reference made a part hereof
This description was prepared
by me or under my direction. \oNpl LAIyOSG
DUO~~
k Oj TA J h R. Duquette, LS 7 6 a No. 7566 m p
M icense expires 12/3 /11 * Exp. 12-31- tl
OF
H:IpdataX1510208714dminVegalsl2O87LGL002.doc Page 13 Of 15
EXHIBIT "B"
TEMPORARY CONSTRUCTION EASEMENT
or10,
'PO'
+ .
?O
7 LEGEND
® TEMPORARY CONSTRUCTION
EASEMENT
P.O.C. POINT OF COMMENCEMENT
T.P.O.B. TRUE POINT OF BEGINNING
P.O.T. POINT OF TERMINATION
L -2 No. 7566
* Exp.12.31~
rC A~~F
100 50 0 100 200 300
SHEET 1 OF 1 Fa3F
SCALE: 1"=100'
H:\PDATA\15102087\CADD\MAPPING\EXHIBIT\2087EX002.DWG JDUQUETTE 8/16/10 10:09 am CONSULTING
I SCALE JOB NO.
AUGUST 13, 2010 1"=100' 15102087-M2
EVMWD ESMTS.OUT
RBF CONSULTING
JOB ID : 15-102087 DATE 08/16/2010 AT 10:27:13
FILE NAME : H:\PDATA\15102087\CADD\MAPPING\EXHIBIT\EVMWD ESMTS.TRV
TRAVERSE OF : C/L
ESMT LOT 38
TRAV # 1
BEARING
DISTANCE
NORTHING
EASTING
STARTING
AT
2177250.0244
6241103.3211 PT # 1300
N 51-26-09.00 w
36.0100
TO
2177272.4727
6241075.1645
S 37-11-53.00 w
423.4000
To
2176935.2132
6240819.1886
N 42-04-04.00 E
424.0800
To
2177250.0302
6241103.3262
ERROR OF CLOSURE
NORTH =
-0.00
58035
EAST =:-0.0051006
BEARING
S 41-18-42.00
W DISTANCE = 0.0077
AREA =
7621.2 SF
0.1750 ACRES
PERIMETER
= 883.4900
PRECISION =
1 : 114,347
0
RBF CONSULTING
JOB ID : 15-102087 DATE 08/16/2010 AT 10:27:13
FILE NAME : H:\PDATA\15102087\CADD\MAPPING\EXHIBIT\EVMWD ESMTS.TRV-
TRAVERSE OF : ESMT
LOT 38 AREA
TRAV # 2
BEARING
DISTANCE
NORTHING
- EASTING
STARTING
AT
2177272.4728
6241075.1643 PT # 1301
S
51-26-09.00 E
6.0000
To
2177268.7325
6241079.8557
S
37-11-53.00 w
423.2500
To
2176931.5925
6240823.9706
N
52-52-29.00 w
20.0000
To
2176943.6637
6240808.0243
N
37-11-53.00 E
423.7600
To
2177281.2099
6241064.2177
5
51-26-09.00 E
14.0000
To
2177272.4825
6241075.1645
ERROR OF CLOSURE
NORTH =
-0.0
096228
EAST = -0.0001872
BEARING
S 01-06-
52.0
0 W - DISTANCE = 0.0096
• AREA = 8468.9 SF
0.1944 ACRES
PERIMETER
= 887.0100
PRECISION =
1 : 92,161
0
RBF CONSULTING
JOB ID : 15-102087 DATE 08/16/2010 AT 10:27:13
FILE NAME : H:\PDATA\15102087\CADD\MAPPING\EXHIBIT\EVMWDESMTS.TRV
TRAVERSE OF : ESMT LOT 38 TCE AREA
TRAV # 5'
BEARING
DISTANCE
NORTHING
EASTING
STARTING
AT
2177250.0244
6241103.3211 PT # 1300
S
37-11-53.00 w
422.5000
TO
2176913.4818
6240847.8894
N
52-52-29.00 w
76.0000
TO
2176959.3524
6240787.2932
N
37-11-54.00 E
424.4100
TO
2177297.4151
6241043.8813
S
51-26-09.00 E
76.0200
TO
2177250.0249
6241103.3221
ERROR OF CLOSURE
NORTH =
-0.0005514
EAST = -0.0010606
-
BEARING
S 62-31-47.00 w DISTANCE = 0.0012
AREA =
32182.3 SF
0.7388 ACRES
PERIMETER
= 998.9300
PRECISION =
1 : 835,696
Page 1
Page 15 of 15