HomeMy WebLinkAboutUTILITY EASEMENT AGREEMENT - 2003-04-07C OF HUNTINGTON BEACH
MEETING DATE: April 7, 2003 DEPARTMENT 1 UMBER: PW 03-014
Council/Agency Meeting Held:
Deferred/Continued to:
Approved L] Conditionally Approved ❑ Denied
City Clerk's Sig �e
Council Meeting Date: April 7, 2003
Department ID Number: PW:03-014
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION "p~
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SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS —
SUBMITTED BY: RAY SILVER, City Administrator ld"�
VPREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works
SUBJECT: APPROVE SPECIAL UTILITY EASEMENT AGREEMENT
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: It is necessary for the City to institute a "Special Utility Easement
Agreement" to define the City's responsibilities regarding pipeline repairs, replacements and
surface uses within the easement, when the City's public water pipelines are located on
private property.
Funding Source: Not applicable.
Recommended Action:
1. Authorize the Director of Public Works to execute Special Utility Easement Agreements
for all applicable future developments, in substantially the same form as the attached
agreement, which has been approved as to form by the Office of the City Attorney.
Alternative Action(s): Do not authorize the Director of Public Works to execute a special
utility easement agreement. Denial of this authority will necessitate the approval by City
Council of each individual special utility easement agreement for each particular
development.
G:1R C A12003103-014 April 7 Debow (Special Utility Easements).doc 4
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OREQUEST FOR ACTION
MEETING DATE: April 7, 2003
DEPARTMENT ID NUMBER: PW 03-014
Analysis: The requirement for a special utility easement agreement is a typical condition of
approval for development projects where public water systems are located on private
property. A sample agreement that can be used as appropriate for future developments has
been drafted and approved by the City Attorney's office. Approving the sample agreement,
and authorizing the Director of Public Works to execute the agreement for future
developments can streamline the special easement process.
Occasionally, a public water pipeline, serving a private development, is located on private
property. Examples may be found in private streets within residential communities, or within
a parking lot for a private shopping center. In these circumstances, City forces require
access to operate and maintain the public water system, within the easement on private
property. While the City is responsible for effecting repairs on the water system, the
maintenance or replacement of any enhanced surface improvements (i.e. paving) within the
pipeline easement is the responsibility of the private property owner.
Common in the industry, a special utility easement agreement defines each of the party's
responsibilities for the improvements within the easement area. It defines requirements for
access to maintain, repair, or replace water utilities and to restore any work areas. It also
defines the responsibility of the developer and/or future property owners to repair or replace
enhanced architectural pavement, landscaping, or irrigation facilities within the easement.
Public Works Commission Action: No action required.
Environmental Status: Not applicable.
Attachment(s):
RCA Author: D. DeBow:jm
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G:IR C A12003103-014 April 7 Debow (Special Utility Easements).doc -�-
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ATTACHMENT #1
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City Clerk }
City of Huntington Beach }
2000 Main Street }
Huntington Beach, CA 92648 )
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[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
(hereinafter "GRANTOR") hereby grants and conveys to the
City of Huntington Beach, a municipal corporation of the State of California, (hereinafter
"CITY'} a perpetual non-exclusive easement and right of way to install, maintain, repair,
improve and relocate a pipeline or pipelines, vdth incidental ordinary and necessary
appurtenances and connection(s), in, on and under said real property for its entire length and full
width as described on Exhibit A (attached hereto and incorporated by this reference), and made a
part hereof; and to construct structures for the transmission and delivery of water, or reclaimed
water, including but not limited to, manholes, measuring devices, air valves, blow -offs, stations,
standpipes, fire hydrants, and service connection structures appurtenant to' said line or lines,
which structures may extend above the surface of the ground; together with the right to enter and
traverse upon other land of Grantor in order to obtain access to and along said strip of land and to
deposit tools, implements and material thereon by CITY, its officers, agents and employees or by
persons under contract to CITY, whenever and wherever necessary for the purpose of laying,
03agree/specil utility easement13,24103 1
constructing, reconstructing, renewing, inspecting, maintaining, operating, repairing, enlarging,
replacing and using said water transmission and delivery line or lines.
Grantor retains the right to use the surface areas and the non-exclusive right to use the
subsurface areas of the easement and right of way in such manner as Grantor shall deem proper.
Grantor may request CITY to change or relocate CITY's water mains or any equipment
incidental thereto, at Grantor's expense. In the performance of any of the work which CITY is
authorized to perform in the area of such easement and right of way, CITY shall avoid, to the
extent reasonably possible, any damage or interference with other installations in the areas of
such easement or right of way. Grantor shall not alter the grade, surface or overhead conditions
without prior written approval from the CITY. There shall also be no less than 20 feet of clear
vertical space immediately above the surface areas of the easement measured from finished
ground level, nor shall any trees be located within, or overhand into the easement ground area.
The CITY agrees to confer with Grantor thereof in order that CITY activity will result in a
minimum of inconvenience or hardship.
CITY accepts the easement and right of way granted hereby with the knowledge that
Grantor intends to improve the surface of the easement herein granted and use the same for
motor vehicle travel, pedestrian access, landscaping and related purposes. In making any
installation or in the performance of any work, CITY shall adequately protect its installations
against such use. In making any use of this easement, CITY shall:
(a) Make adequate provision for the safety and convenience of all persons using such
areas or other improvements or facilities in such areas;
(b) Replace and restore the areas and surface improvements to the condition in which
they were prior to the performance of such work, except for any enhanced pavement
03agree/specil utility easemend3/24r'03 2
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treatments other than asphalt concrete, any landscaping, and any landscape irrigation
facilities which shall be the responsibility of Grantor;
(c) Have no obligation for maintenance, repair or replacement of enhanced pavement
treatments; landscaping or irrigation facilities; and
(d) Hold Grantor and other users of the easements harmless against all claims, liabilities
or expenses, including costs and attorneys' fees, arising from CITY's use of such area.
In its use of the easement and right of way herein granted, CITY 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.
IN WITNESS WHEREOF, this Special Utility Easement has been executed by the
Grantor herein this day of
... GRANTOR
LIM
print name
ITS: (circle one) Chairman/President/Vice
President
print name
ITS: (circle one) Secretary/Chief Financial
Officer/Asst. Secretary - Treasurer
REVIEWED AND APPROVED:
APPROVED AS TO FORM:
City Attorneyp3
AND APPR ED:
'7DDire7ctorof Public Works
City Administrator
03agree/speciI utility easement/3/24/03 3
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RCA ROUTING SHEET
INITIATING DEPARTMENT:
Public Works
SUBJECT:
Approve Special Utiltiy Easement Agreement
COUNCIL MEETING DATE:
Aril 7, 2003
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (wlexhibits if applicable)
(Signed in full by the City Attorney)
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Not Applicable
Financial Impact Statement (Unbud et, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Aperoval and/or Denial
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED
RETURNED
FORWARDED
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial
City Clerk
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