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C4<IFORNNP CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 6, 2013 CONSENT AGENDA
SUBJECT: APPROVE THE SALE AND GRANT OF AN EASEMENT TO SOUTHERN
CALIFORNIA EDISON COMPANY OVER CITY OWNED PROPERTY
GENERALLY LOCATED ON THE EAST SIDE OF GENE AUTRY TRAIL,
NORTH OF PAR ROAD, IN THE AMOUNT OF $19,500 TO PERMIT THE
INSTALLATION AND MAINTENANCE OF ELECTRICAL FACILITIES.
(APNs 681-141-015 and 680-020-070)
FROM: David H. Ready, City Manager
BY: David Barakian, Director of Public Works
Douglas Holland, City Attorney
SUMMARY
Southern California Edison has offered the City $19,500 for an easement over approximately
16,610 square feet of city owned land on the east side of Gene Autry Trail, north of Par
Road. The affected City property consists of: (a) a lot which is used as a landscaped
pedestrian walkway to the Tahquitz Creek Bridge and (b) a portion of the Tahquitz Creek
Golf Course.
RECOMMENDATION:
Approve the sale and grant of an easement to Southern California Edison over a
portion of City owned land generally located on the east side of Gene Autry Trail, north
of Par Road (APNs 681-141-015 and 680-020-070) to allow the installation and
maintenance of electrical supply systems and authorize the City Manager to execute
the Grant of Easement.
ANALYSIS
Southern California Edison has offered to purchase an easement over a portion of city owned
property near the Tahquitz Creek Bridge and the Tahquitz Creek Goff
Course. The purpose of the easement is to accommodate newly installed electrical supply
systems that are necessary to serve Edison customers in the City. Edison has offered to
purchase the easement for $19,500, consistent with an appraisal Edison commissioned and
the City has reviewed. The easement will not interfere with the ability or the right of the City
to maintain its municipal and governmental uses of the affected property. It is not anticipated
ITEM NO._ a N
City Council Staff Report February 6, 2013
SCE Easement Page 2 of 2
that any widening of Gene Autry Trail will be required. In the event the City undertakes a
change of grade of Gene Autry, Edison has agreed to raise or lower the top casting of any
vault to match the change of grade at its sole cost and expense.
FISCAL IMPACTS
The City will receive a one-time payment of$19,500 for the easement.
XL
Douglas Holland David Barakian, Director of Public Works
City Attorney
David H. Ready, Ci ger
Attachment: Grant of Easement (including maps of easement areas)
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RECORDING REQUESTED BY
SOUTHERN CALIFORNIA
EDISON
An EDISO 'INTERNATIONAL Company
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
Real Properties
2131 Walnut Grove Avenue,2"Floor
Rosemead,CA 91770
Attn: Distribution/TRES
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT OF DOCUMENTARYTRANSFER TAX$NONE(VALUE
ul�lmui �iIIT IMP Sim
EASEMENT AND CONSIDERATION LESS THAN$100.00) Palm Springs 6579-4859 9-4867
TD408402
uAlm
SCE CGmpe y FIN:594-1924-5 APPROVED: '..
SIG.OFDEtl.NRPNTMAGE DETERMININGTM FIRMNAME 595-1924-5 Real Properties SLSBKM 6/29/12
595-1926-9
APN:681-141-015
680-020-070 _
CITY OF PALM SPRINGS (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, overhead and underground electrical supply systems and communication systems(hereinafter referred to as"systems"),
consisting of poles, guys and anchors, crossamrs, wires, underground conduits, cables, vaults, manholes, handholes, and
including aboveground enclosures,markers and concrete pads and other appurtenant fixtures and equipment necessary or useful
for distributing electrical energy and for transmitting intelligence by electrical means, 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.
This legal description was prepared pursuant to Sec. 8730m of the Business & Professions Code. For the purpose of this
Easement, poles, guys, anchors, crossarms and above-ground wires may only be installed in the event that the underground
system Fails or is in need of repair or maintenance or other work(e.g., the upgrade of such systems). Such temporary above
ground equipment shall be removed within a reasonable period of time following the completion of repairs,maintenance or other
work on or to the underground systems. Notwithstanding the foregoing, Grantee may install and or maintain vaults, manholes,
handholes, and other aboveground enclosures, markers, and concrete pads on the subject property which are not subject to
removal.
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 hereinbefore described
easement area. The Grantee,and its contractors,agents and employees, shall have the right to trim or top such trees and to cut
such 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; and(3) Grantee shall provide Grantor with reasonable notice prior
to conducting any non-emergency work requiring excavation that will result in an outage and will take reasonable measures to
prevent any undue interference with Grantor's use and enjoyment of the underlying property.
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The Grantee agrees, by the acceptance of this instrument, that in the event the said systems shall interfere with the
development of the above-described property of the Grantor(s) to the extent Grantee's systems now or hereinafter installed
interfere with a future change of grade in and to Grantor's roads, Grantee shall, at Grantee's cost and expense, upon written
request and upon being provided Grantor's Plans for such change of grade (provided such Plans are of reasonably sufficient
detail)raise or lower the top casting of any existing vault to match the change of grade. Grantee shall not be obligated to raise or
lower any other portion of its Systems(including,but not limited to the vault or conduit bank),unless Grantee agrees to pay Fifty
Percent of the cost to raise or lower any such portion of its system.
EXECUTED this day of ,20_.
GRANTOR
CITY OF PALM SPRINGS
Signature
Print Name
Title
GRANTEE
SOUTHERN CALIFORNIA EDISON COMPANY,a corporation
By:
Dino J.LaBanca,
Real Properties Department
Date:
2 DSB800684826
6579-4859/94867
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State of California )
County of )
On before me, ,personally
(here insert name and title of the officer) _
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
(This area for notary stamp)
State of California )
County of )
On before me, ,personally
(here insert name and title of the officer)
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
(This area for notary stamp)
3 DSB800684826
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EXHIBIT"A"-LEGAL DESCRIPTION
THE LANDS DESCRIBED HEREIN ARE SITUATED IN THE CITY OF PALM SPRINGS, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA,DESCRIBED AS FOLLOWS:
VARIOUS STRIPS OF LAND LYING WITHIN LOT 52 OF TRACT NO. 2159, AS PER MAP RECORDED IN
BOOK 41, PAGE 74, OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID
STRIPS BEING DESCRIBED AS FOLLOWS:
PARCEL 1 (FOR UNDERGROUND SYSTEMS ONLY)
A STRIP OF LAND 6.00 FEET WIDE LYING 3.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 52, THENCE ALONG THE SOUTHERLY
LINE OF SAID LOT NORTH 89050'30" EAST 57.76 FEET TO THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID SOUTHERLY LINE NORTH 50022'34" EAST 4.53 FEET; THENCE NORTH 0°09'30" WEST
60.68 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT"A'; THENCE NORTH 22046'33" WEST
13.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT `B'; THENCE NORTH 22046'33" WEST
3.00 FEET TO A POINT OF ENDING.
THE SIDELINES SHALL BE LENGTHENED OR FORESHORTENED TO TERMINATE SOUTHERLY IN SAID
SOUTHERLY LINE OF LOT 52,AND AT THE ANGLE POINTS,
PARCEL 2(FOR UNDERGROUND SYSTEMS ONLY)
A STRIP OF LAND 6.00 FEET WIDE LYING 3.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
BEGINNING AT THE AFOREMENTIONED POINT"A"; THENCE NORTH 22027'33" EAST 16.00 FEET TO A
POINT OF ENDING.
EXCEPT THEREFROM ANY PORTION LYING WITHIN PARCEL I DESCRIBED HEREINABOVE.
PARCEL 3 (FOR OVERHEAD SYSTEMS ONLY)
A STRIP OF LAND 10.00 FEET WIDE LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
COMMENCING AT THE AFOREMENTIONED POINT B; THENCE SOUTH 89°50'30" WEST 5.00 FEET TO
THE TRUE POINT OF BEGININNING; THENCE NORTH 89°50'30" EAST 20.00 FEET TO A POINT OF
ENDING.
PARCEL 4(FOR UNDERGROUND SYSTEMS ONLY)
A STRIP OF LAND 5.00 FEET WIDE, THE WESTERLY SIDELINE BEING THE SOUTHERLY
PROLONGATION OF THE EASTERLY RIGHT OF WAY LINE OF GENE AUTRY TRAIL(FORMERLY BOGIE
ROAD), 50.00 FOOT HALF-WIDTH, AS SHOWN ON A RECORD OF SURVEY FILED IN RECORD OF
SURVEY BOOK 67, PAGES 69 AND 70, RECORDS OF SAID COUNTY,THE EASTERLY SIDELINE BEING A
LINE CONCENTRIC WITH AND 5.00 EASTERLY OF SAID SOUTHERLY PROLONGATION,AND BOUNDED
TO THE NORTH AND SOUTH BY THE NORTH AND SOUTH LINES OF SAID LOT 52.
PARCELS 1 THROUGH 4 ARE SHOWN ON EXHIBIT`B" ATTACHED HERETO AND BY THIS REFERENCE
MADE A PART THEREOF.
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VARIOUS STRIPS OF LAND LYING WITHIN PARCEL I OF PARCEL MAP NO. M508, AS PER MAP
RECORDED IN BOOK 128, PAGES 49 AND 50, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, SAID STRIPS BEING DESCRIBED AS FOLLOWS:
PARCEL 5 (FOR UNDERGROUND SYSTEMS ONLY)
A STRIP OF LAND 15.00 FEET WIDE, THE NORTHWESTERLY SIDELINE BEING THE SOUTHEASTERLY
RIGHT OF WAY LINE OF GENE AUTRY TRAIL(FORMERLY BOGIE ROAD),50.00 FOOT HALF-WIDTH,AS
SHOWN ON A RECORD OF SURVEY FILED IN RECORD OF SURVEY BOOK 67, PAGES 69 AND 70,
RECORDS OF SAID COUNTY,THE SOUTHEASTERLY SIDELINE BEING A LINE CONCENTRIC WITH AND
15.00 SOUTHEASTERLY OF SAID RIGHT OF WAY LINE, BOUNDED TO THE SOUTH BY THE SOUTH
LINE OF SAID PARCEL 1 AND BOUNDED TO THE NORTH BY THE SOUTHERLY LINE OF THE LAND
DESCRIBED IN DOCUMENT NO. 2001-455078 RECORDED SEPTEMBER 19, 2001, OFFICIAL RECORDS OF
SAID COUNTY.
PARCEL 6(FOR OVERHEAD SYSTEMS ONLY)
THAT PORTION OF THE HEREINABOVE DESCRIBED PARCEL 5 DESCRIBED AS FOLLOWS:
A STRIP OF LAND 10.00 FEET WIDE LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
COMMENCING AT A POINT ON THE CENTERLINE OF SAID GENE AUTRY TRAIL, SAID POINT BEING
THE NORTHERLY TERMINUS OF THAT CERTAIN CENTERLINE CURVE SHOWN ON SAID RECORD OF
SURVEY AS BEING CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 2758.43 FEET, A CENTRAL
ANGLE OF 32057'50" AND A LENGTH OF 1587.00 FEET, A RADIAL LINE TO SAID NORTHERLY
TERMINUS BEARS NORTH 56°45'39" WEST; THENCE SOUTHWESTERLY 591.76 FEET ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 12017'42"; THENCE LEAVING SAID CENTERLINE ON A
RADIAL LINE TO SAID CURVE SOUTH 69003'21" EAST 50.00 FEET TO A POINT ON SAID
SOUTHEASTERLY RIGHT OF WAY LINE OF GENE AUTRY TRAIL, SAID POINT BEING THE TRUE POINT
OF BEGINNING; THENCE CONTINUING ALONG SAID RADIAL LINE 15.00 FEET TO SAID LINE
CONCENTRIC WITH AND 15.00 FEET SOUTHEASTERLY OF SAID RIGHT OF WAY LINE.
THE SIDELINES SHALL BE LENGTHENED OR FORESHORTENED TO TERMINATE NORTHWESTERLY IN
SAID SOUTHEASTERLY RIGHT OF WAY LINE OF GENE AUTRY TRAIL,AND SOUTHEASTERLY IN SAID
LINE CONCENTRIC WITH AND 15.00 FEET SOUTHEASTERLY OF SAID RIGHT OF WAY LINE.
PARCELS 5 AND 6 ARE SHOWN ON EXHIBIT"C"ATTACHED HERETO AND BY THIS REFERENCE MADE
A PART THEREOF.
PARCELS 1,2,4 AND 5 (FOR UNDERGROUND SYSTEMS ONLY)CONTAIN 16,260 S.F., MORE OR LESS.
PARCELS 3 AND 6(FOR OVERHEAD SYSTEMS ONLY)CONTAIN 350 S.F.,MORE OR LESS.
It is the intention of the Grantor(s),by this conveyance,to grant an easement only over the above-described property
of the Grantor(s).
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 pursuant to Sec.8730(c) LAND S
of the Busin/eesss&P,,rro�ofessions Code. v�aS�� 'P/.�`oP
/ /I'/ja�/ /1f Brian K. Mickelson
BRIAN K.MICKELSON,L.S.#7320 No. 7320
5 OF CAI\E� 6DSB8006848259/ 6
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EXHIBIT "B"
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
50r 1 Or EASTERLY RIGHT OF WAY LINE GENE AUTRY
501 TRAIL (BOGIE ROAD) PER R.S. 67/69-70.MLM<
J R RSJOE COUWff FLOOD CONTROLAND
WATER OOb3SERVA1TOON D93TR#CT RlW
0'30"E 100.00')
Q POINT POINT"B" N 9R50'30"E
Ln
20,00'
1'=30'
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06 ��: C
�z 15.00'
50' 5.00' to POINT"A"
co PARCEL 4 5 <v LOT 51
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PAR BEGINING PARCEL 1 DRIVE
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Q SOUTHERLY PROLONGATION OF THE
co EASTERLY RIGHT OF WAY LINE GENE AUTRY
W TRAIL(BOGIE ROAD)PER R.S.67169-70.
W NOTE: THE BEARINGS AND DISTANCES
SHOWN IN PARANTHESES HEREON ARE
BASED ON THE MAP OF TRACT NO. 2159
V RECORDED IN BOOK 41, PAGE 74, SEO�ANDSUq`
W O RECORDS OF RIVERSIDE COUNTY. \�F� Fi0
PREPARED BY ME OR UNDER MY v Brian K.Mickelson
V m �SUPERVISION n N0. 7320
BRIAN K. MICKELSON, L.S.#7320 lFOF CAt�FO�
08
EXHIBIT "C"
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
POINT OF
PARCEL 2 ry��� — COMMENCEMENT
h ry t PARCEL PARCEL 6
(N 89'52'17" W 674.90')
/ so,z p,
/ sa, /�y `fN SOUTHERLY LINE OF DOC.
ro 56•S #2001-455078, 0.R.
fI
3- 0' 39 h�' 07q �
NOTE: THE BEARINGS AND
/ 1 DISTANCES SHOWN IN
p (PARANTHESES) HEREON
/ ryQ PARCEL MAP ^ ARE BASED ON PARCEL MAP
NO 205M -co
NO. 20508 FILED IN BOOK 128
� P.M.S. 5128149 e 60 Li OF PARCEL MAPS, PAGES 49
rn a AND 50; BEARINGS AND
v DISTANCES SHOWN IN
/A, TRUE POINT OF {BRACKETS) HEREON ARE
BEGINNING BASED ON RECORD OF
N6g 03, PARCEL 6 SURVEY RSB 67169-70, BOTH
6Sg0.14 14 RECORDS OF RIVERSIDE
/co o Op COUNTY.
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{ (N 89'56'07" W 675.60') a m m
I I RNERSI®E OOUMY FLOOD CONTROL AND ���0 SAND SUR`F4
' Brian K.Mickelson
I No. 7320
I TRACT NO. 1 2150 1 U.S. 1 49/74;l
03