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HomeMy WebLinkAboutItem No. 14 - Grant of Easement to Southern California Edison near Lake Street14)Grant of Easement to Southern California Edison near Lake Street Approve and authorize City Manager to process the easement documents and instruct staff to forward the documents to Southern California Edison for recordation. Page 1 of 1 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Jason Simpson, City Manager Prepared by:Remon Habib, City Engineer Date:July 23, 2024 Subject:Grant of Easement to Southern California Edison near Lake Street Recommendation Approve and authorize City Manager to process the easement documents and instruct staff to forward the documents to Southern California Edison for recordation. Background Southern California Edison (SCE) is the utility purveyor responsible for installation and maintenance of electrical facilities in the City of Lake Elsinore. SCE is requesting from the City for an overheard electrical transmission easement related to the relocation of transmission poles along Lake Street. Transmission poles carry +115 KV and are being relocated due to the construction of Lake Street widening. Discussion Due to the placement of each transmission pole and ultimate alignment of overhead power lines, SCE requires an easement over the City parcel, APN 389-020-056. The easement consists of approximately a 10-foot strip area running adjacent to Lake Street with a total area of 3,361 SF and two (2) 5-foot strip area for guy lines with a total area of 120 SF. Fiscal Impact There are no fiscal impacts to the City. All costs related to this easement shall be the responsibility of SCE. Attachments Attachment 1 - Grant of Easement Engineering RECORDING REQUESTED BY SOUTHERN CALIFORNIA EDISON COMPANY WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY 2 INNOVATION WAY, 2ND FLOOR POMONA, CA 91768 ATTN: TITLE & REAL ESTATE SERVICES SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT OF EASEMENT DOCUMENTARY TRANSFER TAX $_____________________Serial No. 73588A Service Order 802360461 Location: City of Lake Elsinore __________ A.P.N.: 389-020-056 V&LM File: ACQ204302486 SCE Doc No. 531821 COMPUTED ON FULL VALUE OF PROPERTY CONVEYED Approved Vegetation & Land Management __________ OR COMPUTED ON FULL VALUE LESS LIENS AND ENCUMBRANCES REMAINING AT TIME OF SALE SO. CALIF. EDISON CO. SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME BY SF DATE 05/10/2024 THE CITY OF LAKE ELSINORE, a California municipal corporation, hereinafter called "Grantor", hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns, hereinafter called "Grantee", all those certain permanent and exclusive easements and rights of way to construct, use, maintain, alter, add to, enlarge, repair, replace, inspect, and/or remove, at any time and from time to time, electric lines, consisting of poles and towers made of various materials, "H" frame structures, guy wires and anchors, crossarms, wires and other fixtures and appliances and communication circuits with necessary appurtenances, both overhead and underground, for conveying electric energy to be used for light, heat, power, telephone and/or other purposes, in, under, on, over, along and across a strip of land of varying width, hereinafter described and designated as "Right of Way Strip," lying within that certain real property of the Grantor, situated in the County of Riverside, State of California, more particularly described on the Exhibit “C”, attached hereto and by this reference made a part hereof. The said Right of Way Strip is more particularly described on the Exhibit "A" and more particularly depicted on the Exhibit "B", both attached hereto and by this reference made a part hereof. Grantor also hereby grants to Grantee, its successors and assigns, an easement to construct, use, maintain, alter, add to, repair, replace, inspect, and or remove, at any time and from time to time, stub poles, guy wires, anchors and other appurtenant fixtures and/or equipment needed for anchorage purposes, hereinafter also referred to as "systems," in, under, on, over, along land across two strips of land five (5.00) feet wide (the “Anchor Strips”), more particularly described as Parcel B and Parcel C, on Exhibit "A", and more particularly depicted on Exhibit "B". Grantor further grants, bargains, sells and conveys unto the Grantee the right of assignment, in whole or in part, to others, without limitation, and the right to apportion or divide in whatever manner Grantee deems desirable, any one or more, or all, of the easements and rights, including but not limited to all rights of access and ingress and egress granted to the Grantee by this Grant of Easement. Grantee shall have the right to construct roads, use existing roads and make such additions thereto, on lands of Grantor within and/or adjoining said Right of Way Strip, as shall be necessary or convenient to Grantee's access to and use of its Right of Way Strip located on the lands of the Grantor or on lands of others, and the right to use all necessary and convenient means of ingress to and egress from said Right of Way Strip from the public highway most convenient thereto, for the uses and purposes and the exercising of the rights herein granted. In the event alternate public Grant of Easement The City of Lake Elsinore, to S.C.E. Co., a corp. Serial No. 73588A V&LM File No. ACQ204302486 roads are constructed which, in the opinion of Grantee, will provide Grantee with access to said Right of Way Strip as convenient and adequate as that which Grantee may then be using, Grantee agrees to quitclaim any such portion or portions of the access roads no longer required hereunder as may be determined by Grantee. Grantor hereby also grants to Grantee, its successors and assigns, and its and their contractors, agents, and employees, the right to clear and to keep clear said Right of Way Strip, free from explosives, buildings, equipment, brush, combustible material and any and all other obstructions of any kind (except for those herein provided) and the right to trim or remove any tree or shrub which in the opinion of Grantee, may endanger said electric lines or any part thereof or interfere with the exercise of the rights herein granted. Grantor reserves for Grantor and Grantor's successors and assigns, across (but not longitudinally along) said Right of Way Strip, rights for (1) underground water pipelines, (2) farm, grazing or pasture fences, and (3) roads, provided, however, that the exercise of such rights does not interfere with or endanger, in the opinion of Grantee, the operation or maintenance of the electric lines of Grantee, or Grantee's ready access to its said electric lines, or the exercise of any of the rights herein granted to Grantee. It is further understood and agreed that no other easement or easements shall be granted on, under or over said Right of Way Strip by Grantor to any person, firm or corporation without the previous written consent of Grantee. The terms, covenants and conditions of this Grant of Easement shall bind and inure to the benefit of the successors and assigns of Grantor and the successors and assigns of Grantee. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed by its officers thereunto duly authorized, this ______ day of ___________________, 20____. THE CITY OF LAKE ELSINORE, a California municipal corporation By_____________________________________ Name: _________________________________ Title: __________________________________ By_____________________________________ Name: _________________________________ Title: __________________________________ -2- Grant of Easement The City of Lake Elsinore, to S.C.E. Co., a corp. Serial No. 73588A V&LM File No. ACQ204302486 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 ) County of ________________) On _______________________ before me, personally appeared , a Notary Public, , 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. Signature _______________________________ -3- Grant of Easement The City of Lake Elsinore, to S.C.E. Co., a corp. Serial No. 73588A V&LM File No. ACQ204302486 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 ) County of ________________) On _______________________ before me, personally appeared , a Notary Public, , 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. Signature _______________________________ -4- Grant of Easement The City of Lake Elsinore, to S.C.E. Co., a corp. Serial No. 73588A V&LM File No. ACQ204302486 Exhibit “C” Legal Description Lands of the Grantor LOT 1 AS SHOWN ON TRACT NO. 28214-4, IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 396, PAGES 3 THROUGH 7, INCLUSIVE, OF MAPS, OFFICIAL RECORDS, EXCEPTING THEREFROM THOSE PORTIONS DESCRIBED AS FOLLOWS: PARCEL A: BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 4 AS SHOWN ON SAID MAP THENCE ALONG THE SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF SAID LOT 4, SOUTH 21° 00’ 21” WEST, 8.01 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 8.00 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE SOUTHWESTERLY LINE OF SAID LOT 4; THENCE LEAVING SAID SOUTHWESTERLY PROLONGATION OF SAID SOUTHEASTERLY LINE, ALONG SAID PARALLEL LINE, NORTH 66° 16’ 07” WEST, 95.32 FEET TO A POINT ON THE SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF SAID LOT 4; THENCE NORTHEASTERLY ALONG SAID LAST MENTIONED SOUTHWESTERLY PROLONGATION, NORTH 22° 40’ 30” EAST 8.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 4; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 4, SOUTH 66° 16’ 07” EAST, 95.09 FEET TO THE TRUE POINT OF BEGINNING. PARCEL B: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 1, THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 1, SOUTH 26° 12’ 12” WEST 66.06 1ET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE, SOUTH 26° 12’ 12” WEST 779.80 FEET TO A POINT ON THE NORTHWESTERLY RIGHT OF WAY OF ALDERWOODS CIRCLE AS SHOWN ON TRACT NO. 28214- 5, OF MAP RECORDED IN BOOK 403, PAGES 36 THROUGH 43, INCLUSIVE, OF MAPS, OFFICIAL RECORDS OF SAID COUNTY, SAID POINT ALSO BEING A POINT ON CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 65.00 FEET A RADIAL LINE TO SAID POINT BEARS NORTH 6° 33’ 40” WEST; THENCE ALONG SAID NORTHWESTERLY RIGHT OF WAY, SOUTHWESTERLY AN ARC LENGTH OF 65. 00 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45° 49’ 52”; THENCE LEAVING SAID SOUTHEASTERLY LINE ON A NON-TANGENT LINE NORTH 52° 23’ 32” WEST, 45.87 FEET; THENCE NORTH 21° 12’ 08” WEST 46.90 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 78.00 FEET; THENCE NORTHERLY, AN ARC LENGTH OF 75.46 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55° 25’ 48”; THENCE NORTH 34° 13’ 40” EAST 63.32 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 42.00 FEET; THENCE NORTHERLY, AN ARC LENGTH OF 40.84 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55° 42’ 54”; THENCE NORTH 21° 29’ 14” WEST 100.49 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 78.00 FEET; THENCE NORTHERLY, AN ARC LENGTH OF 66.14 FEET ALONG SAID CURVE THOUGH A CENTRAL ANGLE OF 48° 34’ 55”; THENCE NORTH 27° 05’ 41” EAST, 113.05 FEET; THENCE SOUTH 64° 33’ 42” EAST, 86.47 FEET; THENCE NORTH 57° 20’ 51” EAST, 93.85 FEET; THENCE NORTH 22° 57’ 20” EAST, 22.30 FEET; THENCE NORTH 25° 46’ 44” EAST, 83.38 FEET TO THE BEGINNING A NON-TANGENT CURVE CONCAVE NORTHERLY HAVING RADIUS OF 112.03 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS SOUTH 16° 34’ 02” WEST; THENCE NORTHWESTERLY, AN ARC LENGTH OF 136.23 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 69° 40’ 26”; THENCE NORTH 36° 53‘ 36” EAST, 31.57 FEET; THENCE NORTH 28° 29’ 48” EAST, 55.87 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 24.00 1FEET; THENCE NORTHEASTERLY, AN ARC LENGTH OF 10.03 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23° 57’ 14” TO A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 1, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING. -5- EXHIBIT “A” LEGAL DESCRIPTION SERIAL NO. 73588A APN: 389-020-056 OVERHEAD ELECTRICAL TRANSMISSION EASEMENT: THOSE PORTIONS OF LOT 1, AS SHOWN ON OF TRACT NO. 28214-4, IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ON FILE IN MAP BOOK 396, PAGES 3 THROUGH 7, INCLUSIVE, OF MAPS, RECORDS OF SAID COUNTY, SAID PORTIONS BEING 3 STRIPS OF LAND DESCRIBED AS FOLLOWS: PARCEL “A”: A VARIABLE WIDTH STRIP OF LAND, GENERALLY 10.00-FEET WIDE, LYING 10.00 FEET SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID LOT 1; THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT 1, NORTH 31°15’59” EAST, A DISTANCE OF 609.26 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE, NORTH 31°15’59” EAST, A DISTANCE OF 114.75 FEET TO A POINT BEING HEREINAFTER REFERRED TO AS POINT NO. 1; THENCE NORTHEASTERLY, CONTINUING ALONG SAID NORTHWESTERLY LINE, NORTH 31°15’59” EAST, A DISTANCE OF 36.72 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1810.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05°05’52”, AN ARC LENGTH OF 161.04 FEET TO A POINT BEING HEREINAFTER REFERRED TO AS POINT NO. 2, A RADIAL BEARING TO SAID POINT BEARS SOUTH 63°49’53” EAST; THENCE NORTHEASTERLY, CONTINUING ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 02°21’56”, AN ARC LENGTH OF 74.73 FEET TO THE POINT OF TERMINUS OF THIS DESCRIPTION, A RADIAL BEARING TO SAID POINT BEARS SOUTH 66°11’49” EAST; EXCEPTING THEREFROM THAT PORTION LYING WITHIN THAT EASEMENT GRANTED TO SOUTHERN CALIFORNIA EDISON COMPANY, RECORDED MARCH 1, 1990 AS INSTRUMENT NO. 075098, OF OFFICIAL RECORDS OF SAID RIVERSIDE COUNTY. CONTAINING 3,361 SQUARE FEET OR 0.077 ACRES, MORE OR LESS Page 1 of 2 WO# 802360461‐ Not# 204302486 SERIAL NO. 73588A PARCEL “B”: A STRIP OF LAND 5.00-FEET WIDE, LYING 2.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE HEREINABOVE DESCRIBED POINT NO. 1: THENCE SOUTH 58°52’39” EAST, A DISTANCE OF 22.00 FEET TO THE POINT OF TERMINUS OF THIS DESCRIPTION. THE SIDELINES OF SAID STRIP ARE TO TERMINATE AT THE SOUTHEASTERLY LINE OF PARCEL “A” DESCRIBED HEREIN. CONTAINING 60 SQUARE FEET OR 0.001 ACRES, MORE OR LESS. PARCEL “C”: A STRIP OF LAND 5.00-FEET WIDE, LYING 2.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE HEREINABOVE DESCRIBED POINT NO. 2: THENCE SOUTH 61°01’47” EAST, A DISTANCE OF 22.00 FEET TO THE POINT OF TERMINUS OF THIS DESCRIPTION. THE SIDELINES OF SAID STRIP ARE TO TERMINATE AT THE SOUTHEASTERLY LINE OF PARCEL “A” DESCRIBED HEREIN. CONTAINING 60 SQUARE FEET OR 0.001 ACRES, MORE OR LESS. ALL AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO ANY AND ALL EXISTING MATTERS OF RECORD. THIS DESCRIPTION IS NOT INTENDED FOR USE IN THE CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA. PREPARED BY ME OR UNDER MY DIRECTION: 06/05/2024 THOMAS M CASELDINE, P.L.S. No. 9029 DATE Page 2 of 2 WO# 802360461‐ Not# 204302486 SHEET 1 OF 2 SHEETSEXHIBIT "B" SERIAL NO. 73588A L EASEMENT LOCATION N. T. S. PREPARED UNDER THE SUPERVISION OF: No. 9029 06-05-24 THOMAS CASELDINE DATE CIVIL ENGINEERS PLANNERS SURVEYORS SHEET 2 OF 2 SHEETSEXHIBIT "B" SERIAL NO. 73588A 50'0 50' SCALE IN FEET CURVE TABLE NO. C1 DELTA 02°21'56" RADIUS 1810.00' LENGTH 74.73' LINE TABLE LINE # L1 L2 BEARING N31°15'59"E S58°52'39"E S61°01'47"E DISTANCE 36.72' 22.00' 22.00'L3 NORTHWESTERLY LINE OF LOT 1 SEE SHEET 1 OF 2 FOR LEGEND AND VICINITY MAP LOT 1 TRACT NO. 28214-4 M.B. 396 / 3-7 N31°15'59"E 609.26' CIVIL ENGINEERS PLANNERS SURVEYORS