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HomeMy WebLinkAboutBoeing Corporation - 2014-09-15ti)z Dept. ID PW 14-052 Page 1 of 2 Meeting Date: 9/15/2014 Ao�4,1,0i)62) ;7 —0 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 9/15/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works i SUBJECT: Approve and authorize execution of a Special Utility Agrjement with Boeing Corporation for underground pipelines located in Astronutics Lane Statement of Issue: A Special Utility Easement Agreement is necessary to grant Boeing Co oration (Boeing) a perpetual, non-exclusive easement to install, maintain, repair, improve, and relocate their private underground pipeline(s) in Astronautics Lane. Financial Impact: None Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute the "Special Utility Easement Agreement" between the City of Huntington Beach and Boeing Corporation (Attachment 1); and, B) Authorize the City Clerk to record the Special Utility Easement Agreement with the Orange County Recorder. Alternative Action(s): Deny the recommended actions and provide staff with alternate direction. Without this easement Boeing would not be able to install new necessary conduit under Astronautics Lane. Analysis: On June 17, 2002, City Council took formal action to approve and execute the Subdivision Agreement between the City and Boeing Realty Corporation for Parcel Map 2001-226 (Attachment 2). This Map and Agreement allowed for the subdivision of 91.5 acres for future industrial development, as well required the dedication of certain streets for public use. One of the streets required to be dedicated for public use was Astronautics Lane, a portion of which previously existed as a private street. Prior to the street dedication, there existed certain underground private utilities in Astronautics Lane. These utilities included electrical service from the SCE electrical substation servicing the Boeing site exclusively, and private water lines from the central chiller/boiler plant exclusively to the Boeing site. These underground private utilities were apparently never documented by Boeing so when Astronautics Lane was dedicated to the City in 2002, the necessary utility easements were not retained by Boeing. Consequently, on November 21, 2012, Council took action to record a Special Utility Easement Agreement for the existing underground utilities. Item 6. - 1 xB -52- Dept. ID PW 14-052 Page 2 of 2 Meeting Date: 9/15/2014 Boeing now has the need to install additional electrical conduit outside of the limits of the previously recorded utility easement locations. Therefore, a new Special Utility Easement Agreement (Attachment 1) is necessary for those new locations to allow Boeing to construct and maintain those private utilities within the public right-of-way. Public Works Commission Action: Not applicable for this action. Environmental Status: Not applicable for this action. Strategic Plan Goal: Maintain and Enhance Public Safety. Attachments) 1. Special Utility Easement Agreement with Boeing Corp. 2. Parcel Map 2001-226 H->; - Item 6. - 2 Aoui =.« a ACHMENT - »z«®°©\ ` ` / %/\ «^ �ƒ © _: �` » :_-- .\ / 7� > � » ��,. < v : -6,..�x�s, m ' 2 %� This Document was electronically recorded by City of Huntington Beach RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 11111111111111111111111111111111111111111111111111111111111111I IIN0 FEE 2014000384685 09:36am 09/23/14 ) 105 409 Al 7 0.00 0.00 0.00 0.00 18.00 0.00 0.00 6.00 Space above this line for Recorder's use. This document is exempt from recording fees pursuant to Government Code Section 6103. SPECIAL UTILITY EASEMENT AGREEMENT For valuable consideration, receipt of which is hereby acknowledged the City of Huntington Beach, (hereinafter "GRANTOR") hereby grants and conveys to The Boeing Company;: its: successors and assigns (hereinafter "BOEING") a perpetual non-exclusive easement to install,maintain; repair, improve and relocate utility facilities, with incidental ordinary and necessary appurtenances and connection(s), in, on and. under said real property for the area described on Exhibit A and depicted on Exhibit B (which exhibits are attached hereto and incorporated by this reference and made a part hereof),"for, including without limitation: electrical lines, telecommunication, voice, data and telephone lines, fiber optics; natural gas; sanitary sewer; potable and non -potable water, whether reclaimed, heated, chilled, irrigation, fire prevention or otherwise; and compressed, gas; all the foregoing collectively referred to as "Utility Facilities" together with the right to enter GRANTOR'S, land in order to obtain access to and along said strip of land .and to deposit tools, implements and material, thereon.byBOEING, its officers, agents and employees or by persons under- contrac,tjo BOEING, whenever and wherever necessary for the purpose of .laying, constructing, .reconstructing, ,renewing, inspecting, maintaining, operating; repairing, enlarging, replacg in and using said Utility Facilities: BOEING shall obtain .an encroachment permit from, GRANTOR,in order to perform said work. ; GRANTOR retains the, right. to. use the surface and subsurface areas of the easement and right of way in such manner as GRANTOR shall deem proper. GRANTOR .1 of 3 may request BOEING to change or relocate BOEING's water mains or any equipment incidental thereto, at BOEING's expense. In the performance of any of the work which BOEING is authorized to perform in the area of such easement and right of way, BOEING shall avoid, to the extent reasonably possible, any damage or interference with any public facilities and utilities, including but not limited to water, sewer, gas, electric, cable TV, communications and street lighting installations in the areas of such easement or right of way. BOEING shall not alter the grade, surface or overhead conditions without prior written notification to GRANTOR. BOEING agrees to confer with GRANTOR in order that BOEING activity will result in a minimum of inconvenience or hardship. BOEING accepts the easement and right of way granted hereby with the knowledge that GRANTOR intends to maintain improvements to the surface of the easement herein granted and use the same for motor vehicle travel, pedestrian access and related purposes. In making any installation or in the performance of any work, BOEING shall adequately protect its installations against such use. In making any use of this easement, BOEING shall: a) Obtain an encroachment permit for work to be done in the public right-of- way; b) Make adequate provision for the safety and convenience of all persons using such areas or other improvements or facilities in such areas; c) Replace and restore the areas and surface improvements to the condition in which they were prior to the performance of such work, as per the direction of City Public Works inspectors; and d) Hold GRANTOR and other users of the easements harmless against all claims, liabilities or expenses, including costs and attorneys' fees, to the extent arising from BOEING's use of such area. Nothing herein shall obligate Boeing to hold harmless any party or person for sole negligence or sole willful misconduct of Grantor or of other non -Boeing parties or persons. 2 of 3 In its use of the easement and right of way herein granted, BOEING shall not permit any claim, lien or other encumbrance arising from such use to accrue against or attach to said easement and right of way or the interest of GRANTOR in the land in, on and under which said easement is granted. For further information regarding private underground utilities, please contact Boeing Facilities Manager and reference 2014 Adams -Streeter JN 14-1986 (Exhibit B). IN WITNESS WHEREOF, this Special Utility Easement has been executed by the Grantor herein on20,�V. THE BOEING COMPANY, a Delaware corporation v Authorized Signatory CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California r A.,,/ Mayor �� ` INITATED AND APPROVED: Director of Public orks APPROVED AS TO FORM: City KOray J:�:- 3 of 3 STATE OF MISSOURI COUNTY OF ST. LOUIS On this -"' day of A141'� tf6:f in the year 2014, before me appeared Marc A. Poulin, to me personally known, who, being by me duly sworn, did say that he is an authorized signatory of The Boeing Company, that said instrument was signed in behalf of and by authority of said company, and said person acknowledged said instrument to be the free act and deed of said company. In witness whereof, I have hereunto set my hand and affixed my official seal on the County and State aforesaid, the day and year first above written. HOLLY B.KARSTETER �p�tY PUB M Commission Expires NOTARY'..: AprV 5, 2015 ' Notary Public : K SEAL .-= St. Louis County ' PF,M� Commission #11168t140 ?. ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On September 22, 2014, before me, P. L. Esparza, Notary Public, personally appeared Joan L. Flynn and Matthew M. Harper who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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. P. L. ESPARD Commission * 2032750 i WITNESS my hand and official seal. Notary Public - California orange County M Comm. Ex Tres Au 4j017 (Seal) (Notary Signat EXHIBIT 66 A 99 LEGAL `@ EXHIBIT THE LAND REFERRED TO HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA. ®A ®CE9 "E" A PORTION OF LAND LYING WITHIN A PORTION OF ASTRONAUTICS (A PUBLIC STREET, 60.00 FEET WIDE) AS SHOWN ON PARCEL MAP NO. 2001-226 FILED IN BOOK 329, PAGES 25 THROUGH 32 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. COMMENCING AT THE SOUTHERLY TERMINUS OF THE COMMON PARCEL LINE FOR PARCELS 9 AND 10 OF SAID PARCEL MAP NO. 2001-226, SAID POINT BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID ASTRONAUTICS ON A NON -TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 530.00 FEET, TO WHICH POINT A RADIAL LINE BEARS NORTH 15007'03" WEST; THENCE NORTHEASTERLY ALONG SAID RIGHT-OF-WAY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 7030'03" AN ARC LENGTH OF 69.38 FEET TO THE TRUE POINT OF BEGINNING, TO WHICH POINT A RADIAL LINE BEARS NORTH 7037'00" WEST; THENCE CONTINUING NORTHEASTERLY ALONG SAID RIGHT-OF-WAY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 1005'22" AN ARC LENGTH OF 10.08 FEET; THENCE DEPARTING SAID RIGTH-OF-WAY LINE AND CROSSING SAID ASTRONAUTICS SOUTH 00000,001, EAST A DISTANCE OF 60.44 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID ASTRONAUTICS, SAID POINT ALSO BEING ON A NON -TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 470.00 FEET, TO WHICH POINT A RADIAL LINE BEARS NORTH 7021'54" WEST; THENCE SOUTHWESTERLY ALONG SAID RIGHT-OF-WAY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 1013'52" AN ARC LENGTH OF 10.10 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY LINE NORTH 00000'00" WEST A DISTANCE OF 60.60 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID ASTRONAUTICS, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF PARCEL 10 OF SAID PARCEL MAP 2001-226 AND THE TRUE POINT OF BEGINNING. CONTAINING A COMPUTED AREA OF 0.0139 ACRES MORE OR LESS. SUBJECT TO: ALL COVENANTS, RIGHTS, RIGHTS OF WAY AND EASEMENTS OF RECORD. EXHIBIT "B": ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: NOW- ''YF� Fy II C coNO.jo 25083 9 uui �P iZj31/2015 DAL L. STREET , R.C.E. 25083 OF EXPIRES 12-31-15 sr �9.►�L �`�� OF Page 1 of 1 EXHIBIT 11®11 UTILITY EASEMENT PARCEL "A" IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA PARCEL 10 —i N A=01'05'22" LLl L=10.08' u R=530.00're � t o 0 A=07'04'58" loo Z L==65.52'_ 536 00' L= 144.98' .0 , PARCEL ® E`' 0 0.0139 A.C. =391 .22 5� 4 "¢ g ASTRONAUTICSCD SHEET 1 OF 1 I a) N PARCEL 11 SDI c j L0 M 56.88' �— N89'26'40"W BOUNDARY P.M. 2001-226 00 / A=0113' 52" L=10.10' R=470.00' EXIST. EASEMENT "B" PER OR 2012000718183 RECORDED 11/21/12 N89'26'40'W 87Y 7.14' w z .J W EXIST. EASEMENT "C" 0 PER OR 2012000718183 RECORDED 11/21/12 N SCALE: 1" = 40' JN 14-1986 s /?n /gm e �� -� -, +� - ._� _ a r ;: ,. .n .r.. -. �:' ._. '— � _ �,: i COMMISSIONMY # -#'s I HEREBY ACCEPT ON BEHALF OF STREET i UTIL17Y PURPOSES:ASTRONAUTICS, AND i! ALSO ACCEPT ON OF OF 1. THE DOMESTIC WATER SYSTEM AND APPURTENANCES APPURTENANCES2. THE SANITARY SEWER SYSTEM AND STORM3, THE DRAIINI SYSTEM AND APPURTENANCES i STORM4. THE DRAIN EASEMENT AS DEDICATED. ASTRONAUTICS,5. THE VEHICULAR ACCESS RIGHTS TO: ROAD, AND SKYLAB -#.D AS RELEASED AND RELINQUISHE D DID ALSO APPROVE THIS • PURSUANT THE PRI TO i' B i # MAP DATED THIS DAY OF ROBERT F. BEARDSLE*4 DIRECTOR OF PUBLIC WOR * EXPIRES: - i ! i� i � 1• ! f , I''. w Pa C-4 &f) riIl, CL BOSIA MIME I-1 I I I. --c N8'Y25'OrW 2717.69'— W09347W 18.85, P89 % 087 ' 39 Zl 324.61' MR. R I 114VIF1111M rkmllvu NOTHING SET ESTABLISHED AS CENTERLINE 00, RECORD ANGLES AND DISTAN CL U.S. NAVY PALROAD R/W OF SECTION 9 AND BY HOU AT RANCHO ROAD. , ,or P 10 0 j PARCEL 5 -;tq 667 .29, T�-890 94') 9 [N89* memommmum 20 Nltr09*0frE ------------------ (RAD) PARCEL 4 PARCEL 2 — = Zo Q) SKYLAB M N8T24' 44.74; VC C) PM 97 — 190 W PMB 299/3-4 Lo dl� FM 1 95-1 36 FMB , 295/3-4 U4 o C6 ui 1 > i i # i • FLUSH *. ET IN CONCRETE DOWN 134 PER # i COORDINATES SHOWNi BASED ON i Ai Re A Willi PARCEL 8 2,364 ACRES PARCEL 9 2,443 ACRES PARCEL 10 1,050 ACRES PARCEL 11 2,228 ACRES PARCEL 12 2.031 ACRES RECORDINDICATES INDICATES RECORD PER PARCEL _ # V4 Ealm PARCEL 4 (4.3 5 9 AC N ET) PARCEL co rr) (4.3 64 AC a I 0 I. I Il: FIA PARCEL (5.09 9 AC PARCEL 1 (5.235 AC N (MI-30"26T I c 41. i :)ARCEL 7 ,,R- 97 AC N ET) N8 72 5'1 T W NST25'18"W "-50M, 295.73' 25 oot N 89'23'567 W 281.29' Lo z NB9*27'51OW Z06 PARCEL 12 1 Z-70' 12.76' ,--'o, PARCEL 6 oc,� ",g (2.0 31 AC N ET) (3.027 AC NET) C-4 00 N B9'26'4T W 1169.43' 294.05' i 520,77' N 8T26'4Cr W 1127,11 87T 14' ASTRONAUTICS 822.421 —2AL27 54�7 WIN— L11 55.28194.69' NO '-T'- N 89'26'4g w r3 1NB726'4TW 194.6. A 9'5,CW 130-78' PARCEL 10 (1.050 AC NET) f7l" .0 PARCEL 9 443 AC NET) -N SEE DETAIL C S) SHEET 7 /iV NNN A sr n 4 8 14 N44! 1 611low 13 16,40' (RAD) @ 16 0 7 ! Di 15 dNrol r24'43" W 238, 68' " DETAIL is Asp Q=36'52'12p R=37.50' L=24.13' N50'30'06"E 12.54' 6=36 38'39" R=27,00' L=17.27' N50" 30'06" E 85.28' N50'3O'06"E 93.22' PARCEL 4 N.T.S. PARCEL NI U-1 U-1 e!• I � I N$9'25'18"W Z An nn N.T.S. D ETA INS A kAN. w PARCEL 5 4t