HomeMy WebLinkAboutAdopt Resolution No. 2016-85 delegating authority for execut Dept.ID PW 16-071 Page 1 of 2
Meeting Date: 12/19/2016
y?.. CITY OF HUNTINGTON BEACH
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REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 12/19/2016
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
SUBJECT: Adopt Resolution No. 2016-85 delegating authority for execution of Special Utility
Easement Agreements for Sewer and/or Storm Drain purposes
Statement of Issue:
A resolution is required for City Council to delegate authority to the Director of Public Works and/or
City Engineer for the execution of a Special Utility Easement Agreement when the City's public
sewer and/or storm drain pipeline(s) are located within private property.
Financial Impact:
Not Applicable.
Recommended Action:
Adopt Resolution No. 2016-85, "A Resolution of the City Council of the City of Huntington Beach
Establishing the Delegation of Authority For the Execution of Special Utility Easement Agreement
for Sewer and/or Storm Drain Purposes"to the Director of Public Works and/or City Engineer.
Alternative Action(s):
Do not adopt Resolution No. 2016-85. Future Special Utility Easement Agreements would then
require separate City Council action for each particular project, as needed.
Analysis:
Execution of a Special Utility Easement Agreement is a typical development requirement when a
public utility is located on private property within an easement dedicated to the City. Examples of
this condition include water, sewer or storm drain pipelines within private residential streets; within
the parking lot of a private shopping center; or sometimes within/between residential lots. The
proposed Resolution establishes the delegation of authority to the Director of Public Works and/or
City Engineer to execute Special Utility Easement Agreements.
It occasionally becomes necessary for the City to require access to the easement area to repair or
maintain the public utility located on private property, Typically the City is responsible for effecting
repairs to the utility and restoring the subsurface, while the private property owner is responsible for
the maintenance/replacement of any enhanced surface improvements (e.g. architectural paving,
landscaping) within the easement area. A Special Utility Easement Agreement defines each party's
responsibilities.
In 2003, City Council adopted Resolution 2003-29 establishing the delegation of authority for the
execution of Special Utility Easement Agreement for water pipelines only. It is now requested that
City Council take similar action for the purposes of storm water and/or sanitary sewer pipelines.
Item 8. - I K -54-
Dept.ID PW 16-071 Page 2 of 2
Meeting Date: 12/19/2016
This particular need was prompted by the recent discovery of a public storm drain easement across
a private residential property and that homeowner's desire to build an addition to his home in the
vicinity of the easement area. The easement itself had been previously recorded with the
subdivision map, but a Special Utility Easement Agreement did not exist which would have defined
responsibilities to better protect both the homeowner and the City.
A sample Special Utility Easement Agreement (approved as to form by the City Attorney) is
attached to the proposed Resolution and is similar to that previously approved for water pipelines.
City Council's delegation of authority to the Director of Public Works and/or City Engineer for
execution of future agreements (regarding sanitary sewers and storm drains) will streamline the
utility easement process.
Public Works Commission Action:
Not required
Environmental Status:
Not applicable
Strategic Plan Goal:
Non-Applicable—Administrative Item
Attachment(s):
1. Resolution No. 2016-85, "A Resolution of the City Council of the City of Huntington Beach
Establishing the Delegation of Authority for the Execution of Special Utility Easement
Agreement for Sewer and/or Storm Drain Purposes"
K -55- Item 8. - 2
RESOLUTION NO. 2016-85
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH
ESTABLISHING THE DELEGATION OF AUTHORITY FOR THE
EXECUTION OF SPECIAL UTILITY EASEMENT AGREEMENT
FOR SEWER AND/OR STORM DRAIN PURPOSES
WHEREAS, it is sometimes necessary for the City to execute Special Utility Easement
Agreements to define the City's responsibilities regarding public sewer and storm water pipeline
repairs, replacements and surface uses within a City easement area, when the City's public sewer
and/or storm water pipelines and appurtenances are located on private property,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
The Director of Public Works and/or City Engineer are authorized to execute Special
Utility Easement Agreements after approval as to form by the City Attorney, for future utility
easements, in substantially the same form as the attached agreement(which has been approved
as to form by the Office of the City Attorney).
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 19th day of December , 2016.
Mayor
ATTEST: Q APPROVED AS RM:
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City Clerk City orney �,v
REVIE APPROVED: TIATED AND APPROVED:
Cityf a g r Director of Public Work
16-5523/147094/DO
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RECORDING REQUESTED BY )
AND WHEN RECORDED RETURN TO: )
City Clerk )
City of Huntington Beach ) _
2000 Main Street )
Huntington Beach, CA 92648 )
[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 SANITARY SEWER AND/OR STORM DRAIN PURPOSES
Property Address:
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, with incidental ordinary and
necessary appurtenances and connection(s), in, on and under said real property for the
entire length and full width of easement area 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 sanitary sewer and/or storm water and all appurtenances,
including but not limited to, catch basins, clean outs, inlets, 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 deliver and operate heavy
equipment (such as a backhoe), 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, constructing, reconstructing, renewing,
1&552311470978" l
inspecting, maintaining, operating, repairing, lining, enlarging, replacing and using said
sewer and/or storm water pipeline(s).
Grantor retains the right to use the surface areas and the non-exclusive right to use
the subsurface areas of the easement area and right of way in such manner as Grantor shall
deem proper. Grantor may request CITY to change or relocate CITY's sanitary sewer
and/or storm water pipelines 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 area 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 area 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 area measured from
finished ground level, nor shall any trees be located within, or overhang 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 area and right of way granted hereby with the
knowledge that Grantor may 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 area, 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: (1) any
enhanced pavement treatments other than asphalt concrete, (2) any
landscaping, and any landscape irrigation facilities which shall be the
responsibility of Grantor, (3) any temporary or permanent structures located
within the easement area which shall be the responsibility of Grantor; and
(4) any public or private walls or fencing that requires removal for the
16-5523/147097/MV 2
purpose of gaining access to easement area with equipment (such as a
backhoe)to affect repairs,which shall be the responsibility of the 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 20 -
GRANTOR CITY OF HUNTINGTON BEACH, a municipal
corporation of the State of California
By:
print name Director of Public Works
ITS: (circle one)Chairman/President/Vice
President ATTEST:
By: City Clerk
print name
ITS: (circle one)Secretary/Chief Financial APPROVED AS RM:
Officer/Asst.Secretary-Treasurer
ity Attorney ���/
VIEWED AND APPROVED:
City Manager
16-5523/147097/MV 3
Res. No. 2016-85
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on December 19, 2016 by the following vote:
AYES: O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, Peterson
NOES: None
ABSENT: None
RECUSE: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California