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RES-2013-187RESOLUTION NO. 2013-187 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A CERTAIN DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN INTERESTS IN REAL PROPERTY. WHEREAS, La Palma/Miller Owner, LLC ( "Grantor ") desires to convey to the City of Anaheim ( "CITY" or "City of Anaheim ") certain easements for valuable consideration through the easement deed in the form attached hereto as Exhibit "A" and incorporated herein by reference ( "DEED "); WHEREAS, Grantor has offered to convey to the CITY the DEED and the real property interests contained therein in connection with CITY utility service provided to Grantor's property; and WHEREAS, the City Council of the City of Anaheim does hereby find and determine it is in the best interests of the CITY to accept the DEED and the real property interests therein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: therein. 1. The City Council hereby accepts the DEED and the real property interests 2. Nothing herein shall be construed to be an acceptance of any parcel or property into the CITY street system (Streets and Highways Code Section 1806). 3. The Mayor is authorized to execute the DEED on behalf of the CITY provided the DEED is in the form attached hereto. 4. The City Clerk is authorized and directed to take any actions to cause the DEED to be recorded in the Office of the County Recorder of the County of Orange. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 17th Day of December , 2013, by the following roll call vote: AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring NOES: None ABSENT: None ABSTAIN: None ATTEST BY: CITY CLERK OF THE CITY OF NAHEIM MCIAN BY: MAY R OF THE Cl Y OF ANAHEIM EXHIBIT "A" DEED Recording Requested by: City Clerk of the City of Anaheim WHEN RECORDED MAIL TO: CITY CLERK CITY OF ANAHEIM P.O. BOX 3222 ANAHEIM, CA 92803 By: City Clerk, City of Anaheim EASEMENT DEED City Deed # APN # 345 - 081 -06 and 345 - 081 -26 File # ACQ6549 FOR A VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, LA PALMAIMILLER OWNER, LLC, a Delaware limited liability company ( " Grantor ") HEREBY GRANTS to the CITY OF ANAHEIM, a municipal corporation ( "Gr antee ") a non - exclusive easement for public utility and telecommunication purposes to construct, reconstruct, install, replace, reconfigure, operate, maintain, repair, relocate, remove, inspect, observe, and study Grantee's public utility and telecommunication facilities, equipment, and related appurtenances in, on, over, under, upon, above, along and across the land in the City of Anaheim, County of Orange, State of California, described in Exhibit A attached hereto and incorporated by reference herein ("Utility Area'), together with the right to utilize the Utility Area for ingress and egress to enter onto and exit the Utility Area with such vehicles, machinery, and equipment as may be necessary or convenient to the construction, reconstruction, installation, replacement, reconfiguration, operation, maintenance, repair, relocation, removal, inspection, observation, and study of said facilities, equipment, and appurtenances. Grantor also grants Grantee a non - exclusive easement over that certain roadway area (the " Roadway Area ", which is described in Exhibit B attached hereto and incorporated herein by reference) for ingress to and egress from the Utility Area, including the right to enter onto and exit the Roadway Area with such vehicles, machinery, and equipment as may be necessary or convenient to the construction, reconstruction, installation, replacement, reconfiguration, operation, maintenance, repair, relocation, removal, inspection, observation, and study of the Grantee's facilities, equipment, and appurtenances located on or within the Utility Area. The Utility Area and Roadway Area are collectively referred herein as the " Easement Area ", which is depicted in Exhibit C and Exhibit D attached hereto and incorporated herein by reference. Except as otherwise expressly provided herein, Grantor and Grantee each have the right to prevent any activity on or use of the Easement Area that (a) is inconsistent with their respective rights under this Easement Deed; (b) unreasonably interferes with or is harmful to the rights of the other provided herein; or (c) unreasonably interferes with 38820.015- 1084202v0.5 (Space Above Line For Recorders use uniy) or is harmful to their respective facilities. Grantor and Grantee hereby agree to cooperate in good faith and not to use rk allow the use of the Easement Area in such a way as to impede, harm, or interfere with (a) their respective rights hereunder; or (b) their respective facilities. Grantee will backfill to grade, pay reasonable costs of removal, repair or restoration, of grass or asphalt damaged by Grantee or adversely affected by work performed by Grantee in furtherance of the rights granted herein. 1. RESERVATION. Grantor hereby reserves perpetual access rights across, through, under, and over the Utility Area and the Roadway Area for Oe purposes of (a) obtaining access to any above - surface or below surface facilities of Grantor, (b) access to Grantor's adjacent lands, and (c) for pedestrian and vehicular ingress and egress and roadway purposes;, provided, however, Granto shall not unreasonably interfere with the rights granted to Grantee under the first twa paragraphs of this Easement Deed. 2. COMPLIANCE WITH REGULATORY AUTHORITIES In connection with Grantee's use of or performance of an activities permitted to be copducted in, on, over, or across the Easement Area, Grantee shall, at its own cost and expense., promptly and at all times ouserve, comply with and carry out, all orders, regulations, directions, rules, laws, ordinances; permits and requirements os all governmental authorities with jurisdiction in, on, over and about the Easement Area. 3. TERMINATION OR ABANDONMENT Grantee agrees that in the event Grantee's use of the Easement Area ceases for a continuous period of more than one (1) year and Grantee fails to provide Grantor written notice of such a cessation; Grantor shall provide Grantee written notice and evidence of the cessation. If Grantee does not dispute the written notice and evidence of cessation within thirty (30) days of Grantor's notice, Grantee shall, at Grantors request execute and deliver to Grantor for recordation in the Official Records of Orange County, California, a Quitclaim Deed sufficient to remove the encumbrance of this Easement Deed from title. Any written notice under this Paragraph 3 fr6r1ii Grantor to Grantee shall be provided to the Public Utilities General Manager at City of Anaheim, 201 S. Anaheim Blvd, Suite 1101 Anaheim, CA 92305. 4, SUCCESSORS This Easement Deed, and all of the terms, conditions and provisions herein, shall inure to the benefit of, and be binding upon, Grantor, Grantee, and their respective successors, transferors, and assigns. 5. GOVERNING LAW This Easement Deed and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of California; and in the event of any dispute resulting in litigation, the venue of such litigation shall be in Orange County. 6. COORDINATION, CONSTRUCTION AND MAINTENANCE To the extent Grantee conducts construction wr excavation activities or oth(.rwise disturbs the surface of the Utility Area, Grantee agrees to notify Grantor in writing sixty (60) days in advance of su- h planned activities, obtain Grantors written approval of all plans prior to commencement of any such activities. Once approved by Grantor, no changes or alterations shall be made to the plans without Grantors prior written approval. Said approval shall not be withheld unreasonably, nor shall said approval be necessary i" routine maintenance activities which do not involve disturbance of the surface area. To the extent Grantee. exercises such rights to utilize the Utility Area which use results in the disturbance of the Utility Area, Grantee shall restore the area to the condition that existed prior.to Grantee's disturbance of the Utility Area. Grantee shall restore any'of Grantor's facilities damaged or removed as the result of Grantee's construction activities the state that existed prior to disturbance of Utility Area at Grantee's sole cost and expense. Grantee shall, at no cost to Grantor, maintain in good repair and in safe condition all facilities constructed, used or placed upon the Utility Area by or on behalf of Grantee pursuant to this Easement Deed. To the extent Grantee causes any damage to the Roadway Area, Grantee shall, at Grantor's election, either (a repair the damage at Graptee's sole coast and expense or (b) reimburse Grantor for the cost of the repair within thirty (30) days of written deman .' therefor so long as Grantee does not'reasonably dispute the demanded amount. 38820,015 - 1084202x0.5 2 7. AUTHORITY Each individual executing this Easement Deed on behalf of an entity represents and warrants that he or she has been authorized to do so by the entity on whose behalf he or she executes this Easement Deed and that said entity will thereby be obligated to perform the terms of this Easement Deed. DATED: December —,2013.. LA PALMA/MILLER OWNER, LLC, a Delaware limited liability company By: LA PALMA/MILLER JV, LLC, a Delaware limited liability company, Its Sole Member By: LA PALMA & MILLER SBIPI, LLC, a California limited liability company, Administrative Member By: PDC OC /IE LLC, a Delaware limited liability company, Its Manager By: Stephen M. Batcheller, Local Partner DATED: December 2013 CITY OF ANAHEIM, a municipal corporation By: Mayor APPROVED AS TO'FORM: MICHAEL R.W. HOUSTON, CITY ATTORNEY 0 99066 Daniel A. Ballin Deputy City Attorney 38820.015- 1084202v0.5 3 EXHIBIT " A " UTILITY AREA [ATTACHED BEHIND THIS PAGE] 38820.015- 1084202v0.5 EXHIBIT A EXHIBIT "B" ROADWAY AREA [ATTACHED BEHIND THIS PAGE] 38820.015- 1084202v0.5 EXHIBIT B r �w `. i GP s r o f �E` r F w 6 .,.� B r i +� • r = r i r " r _ ,� '_' : i r�� :. r _ s E - s r r - ®..< E . 1l:E E � •` � w� *; ' ;.rr e�; t •'f w- �, - ° �iwr 4:° ► i w4 - r w, r r r= w rE we r 's r r r �Ea �W w ar i M 11 r t , 9 : : ^.r I .- `i. i +r "- 1 i i w • _ A II i::F .? M w.w i :- ! 11 I. ` r a f t e .yw 38820.015- 1084202v0.5 EXHIBIT B EXHIBIT "C" DEPICTION OF EASEMENT AREA [ATTACHED BEHIND THIS PAGE] 38820.015- 1084202v0.5 EXHIBIT C Exhi ' ' PAGE 3 04 Af"- x,751$q.fk (Ol4Aq M 74'x"4`E 378.71' N 74°41 E 39!.18 ' [MCA, ?016 1A6 S 15$58 E Lot 2 ' Lot Line Adjushr nt No. 897 N 74 E t 4 2013000335748 D1 •,. 43,93' bane 3rd 2013 S15*5 MWE fl- 14' P:1.1_E, 10,00 AP 345-MI �t �y,F {�u9 g, (yam s i 11 0 t 2111'i.Ai1 X71195 E. La Aw- LU f� S 12 W 131.16 N 4 E 264, S 74 °4121 W 261,7'7 ftr= 6 &1 S 15" MAT E UA No. i 8, 1 4 g 1 7.77 t,- S 6`1354' E 731W 1= ftm humm baM uw MwId d Lot Lire A*x"w 1 a`. �► N 74- it 697, W T — 74 1€3T 1t? h� 1v'ti�r Via. SCALE 384 11' City of Anaheim Sketth amofflpoy ON ) LOO DesaipOM f� Pulic Utility Ease t owe a an d APP # 34 ► -{81 -M �t9313115 E La P4r Am. �+a..s. 9�"t4r''1'3 by E Ct*d. Gist 1+11, I an. >��tr PL, dot Qt /Y 1r 38820.015- 1084202v0.5 EXHIBIT C EXHIBIT "D" DEPICTION OF EASEMENT AREA [ATTACHED BEHIND THIS PAGE] 38820.015- 1084202vO.5 EXHIBIT D NOT TU SCALE Lot 2 Lot 3 LILA 697 LLA 697 Lot L 64 Lott LLA 597 7 FLapawnaAw Location S ketc h ...... / -------------- NOT TO Qf^Al I= Uhibit"EY PAGE 4 of 4 Basis of Bearino p aroa I boundary iribmiation Ingress ffigress Easement shown herew based upon reowded Lot U overapmtionoftot21.I.A697 # $97. No field Zr ' V ` eY — w0 ' ; ` Area = 13644+1• sql (0.31Ac) performed for the preparation of this document Lot 2 ULA [No. 897 Dec. # 2013000335748 Hoc, Jun 3Td, 2013 3301/3311 E. La Palma Ave. Anaheim, Ck92803 1U PUE See Pages I and 3 ♦ -------------- ------- panat ra LLA ft 354 M C/L La Palma Ave. 20,0(Y---o N15 341.11' Lot I LLA, No, 697 z %-AAD EAS NO. 7016 C APN 345-081-26 N 74 E A 4O, UU in 40,09 Tr%* POO *-- 3 N 74 2T E Of boginr*v / 0 oyv. N WUME 254.16 4 7 N 74 E 672.66' N M vievi Point of commencement To CIL Miler SL Per LIA 697 C4 of Anaheim Sketch accompanying Logal Description for IngresslEgress Easernent Survey S" 0 n am a portion of APN # 345 -M -26 (3301/3311 E. La Palma Ave.) r — 9111113 Drwn by: IE IChkd: I Dist. Map I RIWNo an I=Qcfnn IM Q tinfel bate: M1113 mate 1 1401145 1 / 38820.015-1084202v0.5 EXHIBIT D STATE OF CALIFORNIA COUNTY OF ORANGE ss On December _, 2013, before me, , Notary Public, personally appeared Stephen M. Batcheller who proved to me on the basis of satisfactory evidence to be the person( -) whose name(o isle subscribed to the within instrument and acknowledged to me that he , executed the same in his /hef4ei t authorized capacity(ies), and that by his het/4heir signature(s) on the instrument the person(o, or the entity upon behalf of which the person(o 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) 38820.015- 1084202v0.5 STATE OF CALIFORNIA COUNTY OF ss On 2013, before me, , 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) 38820.015- 1084202v0.5