The URL can be used to link to this page

Home My WebLink About16 C38820B Grant of Easement to SCESTAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: June 24, 2021 PREPARED BY: Randy Bowman, Deputy Director of Public Works REQUEST: Approve the Grant of Easement to Southern California Edison for Utility Purposes Over a Portion of Assessor’s Parcel No. 622-250- 014 in Conjunction with the Construction of the San Pablo Avenue Phase 2 Streetscape Improvements (Project No. 681-20). ___________________________________________________________________________ Recommendation By Minute Motion: 1. Approve the Grant of Easement to Southern California Edison (SCE) over a portion of Assessor’s Parcel No. 622-250-014 for utility purposes; and 2. Authorize the Mayor to execute the same. Strategic Plan The improvements to the San Pablo Corridor fulfill priorities identified in the City’s Strategic Plan, including the following: • Tourism and Marketing – Priority 1: “Improve access to Palm Desert and its attractions to enhance the ease of lifestyle.” • Transportation – Priority 1: “Create walkable neighborhoods and areas within Palm Desert that would include residential, retail, services and employment centers, and parks, recreation and open space to reduce the use of low occupancy vehicles.” • Transportation – Priority 3: “De-emphasize single/low-occupancy vehicles and optimize modes of travel (bus, carpool, golf-cart, bicycle and pedestrian).” • Land Use - Priority 4: “Create a mixed-use city core integrating shopping, dining, lodging, and housing.” Background Analysis On September 10, 2020, the City Council awarded Contract No. C38820B to Los Angeles Engineering, Inc. of Covina, California, in the amount of $6,655,233.00, for the construction of San Pablo Avenue Phase 2 Streetscape Improvements (Project No. 681- 20). June 24, 2021 -Staff Report San Pablo Phase 2 (Project No . 681-20) Grant of Easement to SCE Page 2 of 2 In order to facilitate the construction of the improvements , it is necessary for Southern California Edison (SCE) to relocate electrical service cabinets from the San Pablo Avenue right-of-way further east into the Civic Center Park at the entrance to San Pablo Avenue. The relocation necessitates the City dedicating a 1,281-square foot easement to SCE over a parcel owned by the City of Palm Desert. The City Attorney and the City Surveyor have reviewed the attached legal instruments . Fiscal Analysis There is no additional fiscal impact associated with this action. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW N/A ..'A.nc[y J'irestine n1a Robert W . Hargreaves Andy Firestine Janet M. Moore City Attorney Assistant City Manager Director of Finance City Manager, L. Todd Hi leman : L. Toli{G{ HiLeVvt~ II\, ATTACHMENTS : Grant of Easement Vicinity Map ASSISTANT CITY MANAGER ..'A.nc[y J'ires t ine Andy Firestine Assistant City Manager CITY COUNCIL AC TION APPROVED _ _.--f__ _____ DENTED------ RECEIVED OTHER------ MEETING DATE.-~~~~~--om-----:---,-r.-1 AYES: .1..1.k:f:t..4J~~i:;.u.,:,.i.:.l;l.~~I.Ll,dl~I..I.U.I.-~~.._ NOES: _-1.:~~------------ ABSENT: _ __.:...;.::;.iu.i.,_,,..---------- ABSTAIN: J.e VERIFIED BY: 8 Gi S I S I'.> Original on File with City Clerk's Office RECORDING REQUESTED BY WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY 2 INNOVATION WAY, 2nd FLOOR POMONA, CA 91768 Attn: Title and Real Estate Services SPACE ABOVE THIS LINE FOR RECORDER’S USE SCE Doc. No. GRANT OF EASEMENT DOCUMENTARY TRANSFER TAX $ NONE VALUE AND CONSIDERATION LESS THAN $100.00) DISTRICT Palm Springs SERVICE ORDER TD1805020 SERIAL NO.MAP SIZE _____________________ SCE Company SIG. OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME GV M NT -5732 -A3 APN 622-250-014 APPROVED: VEGETATION & LAND MANAGEMENT BY SLS/CG DATE 05/19/21 CITY OF PALM DESERT, a California municipal corporation (hereinafter referred to as “Grantor”), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as “Grantee”), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time underground electrical supply systems and communication systems (hereinafter referred to as “systems”), consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above-ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence, data and/or communications (eg. through fiber optic cable), in, on, over, under, across and along that certain real property in the County of Riverside, State of California, described as follows: FOR LEGAL DESCRIPTION, SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF. 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. Grantor agrees for himself, his heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real property. The Grantee, and its contractors, agents and employees, shall have the right to trim or cut tree roots as may endanger or interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, 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. 2 DSE802050268 TD1805020 EXECUTED this _____ day of _______________________, 20____. GRANTOR CITY OF PALM DESERT, a California municipal corporation ____________________________________ Signature KATHLEEN KELLY___________________ Print name MAYOR____________________________ Title 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, , a 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. Signature _______________________________ (Seal) 3 DSE802050268 TD1805020 EXECUTED this _____ day of _______________________, 20____. GRANTEE SOUTHERN CALIFORNIA EDISON COMPANY, a corporation ____________________________________ Signature ____________________________________ Print name ____________________________________ Title 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, , a 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. Signature _______________________________ (Seal) 4 DSE802050268 TD1805020 EXHIBIT “A” VARIOUS STRIPS OF LAND LYING WITHIN PARCEL 1 OF PARCEL MAP NO. 37347, AS PER MAP FILED IN BOOK 245, PAGES 100 THROUGH 110 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: STRIP #1 (6.00 FEET WIDE) THE CENTERLINE OF SAID STRIP IS DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF FRED WARING DRIVE, 86.00 FOOT HALF-WIDTH, WITH THE CENTERLINE OF SAN PABLO AVENUE, 63.00 FOOT HALF-WIDTH, AS SHOWN ON SAID PARCEL MAP NO. 37347; THENCE ALONG THE CENTERLINE OF SAID SAN PABLO AVENUE, NORTH 00°09’47” EAST 1777.50 FEET; THENCE SOUTH 89°50’13” EAST 70.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00°09’47” EAST 5.00 FEET TO A POINT TO BE HEREINAFTER REFERRED TO AS POINT “A”; THENCE CONTINUING NORTH 00°09’47” EAST 13.50 FEET; THENCE SOUTH 89°50’13” EAST 123.50 FEET; THENCE NORTH 00°09’47” EAST 6.00 FEET TO A POINT OF ENDING, SAID POINT TO BE HEREINAFTER REFERRED TO AS POINT “B”. THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO JOIN AT THE ANGLE POINTS. STRIP #2 (12.00 FEET WIDE) THE CENTERLINE OF SAID STRIP IS DESCRIBED AS FOLLOWS: COMMENCING AT SAID POINT “B”; THENCE SOUTH 89°50’13” EAST 1.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00°09’47” EAST 16.50 FEET TO A POINT OF ENDING. STRIP #3 (14.00 FEET WIDE) THE WESTERLY LINE OF SAID STRIP IS DESCRIBED AS FOLLOWS: COMMENCING AT SAID POINT “A”; THENCE NORTH 89°50’13” WEST 7.00 FEET TO THE EASTERLY LINE OF SAID SAN PABLO AVENUE AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID EASTERLY LINE, NORTH 00°09’47” EAST 10.00 FEET TO A POINT OF ENDING. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN STRIP #1 DESCRIBED HEREINABOVE. AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. It is understood and agreed that the above description is approximate only, it being the intention of the Grantor(s) to grant an easement for said systems as constructed. The centerline of the easement shall be coincidental with the centerline of said systems as constructed in, on, over, under, across, and along the Grantor(s) property. This legal description was prepared by Spectrum Land Services pursuant to Sec. 8730(c) of the Business & Professions Code. I � � 63' I � � � � rn 0 � � N EXHIBIT "B" N � DETAIL B N.T.S. i I STRIP #2 SEE _ _ _ � SEE 12' WIDE �DETAIL B �� DETAIL A �� / � STRIP #2 \ \ �S89°50'13"E 123.50' ` / 12' WIDE � � /� � \ / � / � � \ I I — — � -'�' \ STRIP #1 / � - � S89°50'13"E _ � STRIP #3 6' WIDE � o \ 70.00' 14' WIDE � o cfl � � TPOB � o � I W � STRIP #1 �I 6TRWIDE 1 L4 z . / i �� I � � � � �� -' � PT. "B" � / � � PARCEL 1 � � • / � � � PARCEL MAP NO. 37347 � � i ol� � i � � • �1 � i � � i P.M.B. 245/100-110 � � � i � ��--- � � DETAIL A � N.T.S. I� � — —�� LINE DATA TABLE � � / � STRIP #1 \� � L1 N00°09'47"E 5.00' � I /� � 6' WIDE � \ � L2 N00°09'47"E 13.50' � / I � � L3 N00°09'47"E 6.00' � � I I L4 S89°50'13"E 1.50' I � w L � � I L5 N89°50'13"W 7.00' I i� _ �� o � iJ �� STRIP #3 � o 0 14' WIDE j � ��I L5 _ J i � 1 � �- _ „„ � 60 0 60 120 I - �-- J PT. A �___ / scale 1 "= 60' feet � \\ � � // LEGEND � TPOB �� STRIP #1/� � DENOTES SCE EASEMENT AREA ` \ � � � � i / POC = POINT OF COMMENCEMENT � __—� TPOB = TRUE POINT OF BEGINNING �-- -- -- -- -- -- -- -- -- w i� � i � 0 0 0 z � Poc STRIP #1 FI�ED WA1�I1�T G DRI VE `° � � [This page has intentionally been left blank.] Location of SCE Utility Easement Vicinity Map