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Home My WebLink AboutStaff Report 5.F 4/7/2014(i) DATE: April 7, 2014 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Dan St. John, F.ASCE - Director of Public Works and Utilities Curt Bates, P.E. — City Engineer SUBJECT: Introduction (first reading) of an Ordinance Authorizing the City Manager to Execute an Easement Grant Deed Dedicating a Utility Easement for a Rail Line Central Instrument Location System (CIL) to Sonoma Marin Area Rail Transit District (SMART) for the Purposes of Installation, Operations, Access and Maintenance within City Owned Property Identified in Document 2008046260 Sonoma County Records (S.C.R.). RECOMMENDATION It is recommended that the City Council introduce an ordinance authorizing the City Manager to execute an easement grant deed dedicating an equipment utility easement for a rail line central instrument location system (CIL) to Sonoma Marin Area Rail Transit District (SMART) for the purposes of installation, operations, access and maintenance within City Owned property identified in Document 2008046260 Sonoma County Records (S.C.R.). BACKGROUND The Sonoma Marin Area Rail Transit (SMART) sales tax Measure Q was approved by voters in November of 2008. The SMART rail commuter line will service Sonoma and Marin Counties between Santa Rosa and Larkspur and is expected to commence passenger rail service starting in 2016. The SMART project has been under construction for several years, including segments within the City of Petaluma. As part of the project, SMART is required to install a central instrument location system in the City's property adjacent to Lakeville Street, north of Washington Street which currently contains the Dairyman's Feed rail spur line. The property was obtained by the City of Petaluma in 2008 by fmal order of condemnation per document 2008046260 Sonoma County Records. Furthermore, the installation of the CIL and related improvements is addressed in an agreement entitled "Inter agency agreement between City of Petaluma and the Sonoma -Marin Area Rail Transit Regarding Spur Relocation" dated 8/29/07. Per the agreement, the City is responsible for all costs of installing "Additional Proposed Signal Upgrades" including the cost of land acquisition for these upgrades. The amount addressed Agenda Review: City Attorneya Finance Director City Manager`\ herein is a part of those upgrades and therefore the City is proposing to transfer those easements to SMART at no cost. Access and operations easements are required by public entities for newly installed and/or relocated equipment and utilities. By granting the easement, SMART will obtain legal rights from the City to operate and maintain the central instrument location system. As required by section 46 of the City's charter, in order for the City to grant easements to another entity on property it owns, an ordinance must be approved by the City Council. City staff has reviewed the proposed location for conflicts with existing infrastructure or future land use opportunities and does not object to the location of the easement or equipment. Granting of the easement and installation of the central instrument location system has been designed as to not affect existing, nor forseeable future land use or infrastructure of the City's property and future Madison Street. The recommended action meets Council Goal: "Plan for and implement priority capital projects as funding permits." FINANCIAL IMPACTS Staff time is accommodated through existing approved budgets and staff cost allocations. ATTACHMENTS 1. Draft Ordinance 2. Exhibit A - legal description, plat, easement grant deed ORDINANCE NO. N.C.S. EFFECTIVE DATE OF ORDINANCE Attachment 1 Introduced by Seconded by AN ORDINANCE APPROVING A GRANT OF UTILITY EASEMENT TO SONOMA MARIN AREA RAIL TRANSIT DISTRICT (SMART) FOR THE PURPOSES OF INSTALLATION, OPERATION, ACCESS AND MAINTAINANCE PUBLIC UTILITY LINES WITHIN CITY OWNED PROPERTY IDENTIFIED IN DOCUMENT 2008046260 SONOMA COUNTY RECORDS (S.C.R.) IN ACCORDANCE WITH SECTION 46 OF THE PETALUMA CHARTER WHEREAS, the City Engineer and City Attorney have reviewed the easement grant deed and legal description noted as "Exhibit A" and have reported them to be in conformity with applicable City standards and policies, the Subdivision Ordinance and Subdivision Map Act and such reports have been forwarded to and reviewed by this Council; and WHEREAS, grant of the utility easement described in Exhibit A to SMART for installation, operation and maintenance of a central instrument location system is categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to section 15301 of the CEQA Guidelines as operation, repair, maintenance, and minor alteration of existing public structures, facilities and mechanical equipment involving negligible expansion of use beyond that now existing on the City property adjacent to Lakeville Street, north of Washington Street, which currently contains the Dairyman's Feed rail spur line. Such installation, operation and maintenance of a central instrument location system affects no existing or foreseeable land uses or infrastructure on the City property or future Madison Street and is part of SMART's preparations for commencement of passenger service on its railway. 3 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: The grant of utility easement attached to and made a part of this ordinance as Exhibit A is hereby approved. 2. The City Manager is hereby authorized and directed to sign the utility easement grant deed contained in Exhibit A conveying a utility easement to Sonoma Marin Area Rail Transit District (SMART) for installation, operation, access and maintenance of public utility lines within City property, as further described in Exhibit A. 4 Attachment 2 — Exhibit A Exhibit "A" Legal Description Lying within the City of Pclalunm, County of Sonoma, State of California laid being a portion of the lands of ON of Petaluma us described by that certain document titled "Final Order of Condentnution:' recorded under (document Number 2008-046260, Official Records of Sonoma Cotmty, said portion being more particufaily described as fol lows PARCEL ONE— UTILITY EASEMENT Beginning at the intersection of the soutimesterly right of tvay line of Lakeville Street and the southeasterly right of way line of Madison Street, said intersection being marked by a found Y;' iron pipe lagged ITS 7950 as shown on file Record of Survey filed in Bool< 728 of Maps, :it Page 46. Sonoma County Records, and front which a found K" iron pipe tagged PLS 7930 bears South 54'05'16" East 260.99 feet IN 54°98'43" W 261.04 Icet. Record of Survey); thence along said southeasterly right of way line of Madison Street, South 36'03'15" Nest 25.00 feet; thence leaving said southeasterly right of way line, parallel to said southwesterly right of way line of Lakeville Street, South 54"0526' Hast 30.00 fecC thence parallel with said soufhcastcrly right of way line of Madison Street. North 36"03'15' Hast 25.00 feet to said southwesterly right of rvay line of Lakeville Shea: thence along said right of way line, North 54®05'76" West 20.00 feet In the Point of Beuinnina. Containing 500 Square Feet. more or less. END 01' DESCRIPTION Basis of Bearings: Record of Survey for the Sonama—Karin Arca Rail 'I ransit District filed for record in Book 741 of Maps, Pages I through 2.1. Sonoma County Records. Prepared 11 "Cinquuu&Pussm no Inc ti4 LAN y J „.tn'1 nvs h( cke(. ITS 791,-t' Date Di 1360 Nonh Dulton Avenue. suile IS(1, Sanla Rosa. CA 76-101 Tel. (707)542-6268 Fax: (707) 54'_'106 mw a .c my u i a ipnssari nn avn CPI No.: 6167-09 Page 1 of I GRAPHICSCAN,' n I m h 0 IL I � i I I OWNER NAME & ADDRESS SONOMA-MARIN AREA RAIL TRANSIT DISTRICT CITY OF PETALUMA AREAS UTILITY EASEMENT n ENGLISH STREET CITY OF PETALUMA PETALUMA, CA 94952 UTII-TY EASEMENT: 500 S.F. TO A.P. No. S.M.A.R.T.D. O.R. No.D.N. 2008-046260 Scale: 1"=50' 1 Date: 12/18/13 2 LEGEND'. LINE TABLE D.N. DOCUMENT NUMBER I LINEBEARING I LENGTH P.D.B. POINT OF BEGINNING _II_ O.R. OFFICIAL RECORDS �q ® FND. 1/2" IROIJ PIPE STAMPED PLS 7950 l U_' / / I I I l :..-. OF °-TA�Ut4•. Li UTILITY _ EASEMENT - �6'o Q, LAKEVUE STREET (HOPPER ST) GRAPHICSCAN,' n I m h 0 IL I � i I I OWNER NAME & ADDRESS SONOMA-MARIN AREA RAIL TRANSIT DISTRICT CITY OF PETALUMA AREAS UTILITY EASEMENT n ENGLISH STREET CITY OF PETALUMA PETALUMA, CA 94952 UTII-TY EASEMENT: 500 S.F. TO A.P. No. S.M.A.R.T.D. O.R. No.D.N. 2008-046260 Scale: 1"=50' 1 Date: 12/18/13 2