HomeMy WebLinkAboutStaff Report 5.B 03/21/2016L�
DATE: March 21, 2016
Agenda Item #5.B
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Dan St. John, F.ASCE — Director, Public Works & Utilities
Larry Zimmer, P.E. - Deputy Director, Public Works & Utilities
SUBJECT: Resolution Authorizing the Execution of a Joint Use Agreement with the
California Department of Transportation for City Owned Water Utilities within
the State Right of Way at the East Washington Interchange
RECOMMENDATION
It is recommended that the City Council approve a Resolution Authorizing the Execution of a
Joint Use Agreement with the California Department of Transportation for City Owned Water
Utilities within State Right of Way at the East Washington Interchange.
BACKGROUND
On June 1, 2009, the Petaluma City Council authorized the City Manager to execute a
cooperative agreement with the California Department of Transportation and the Sonoma County
Transportation Authority for the East Washington Interchange Project. The cooperative
agreement outlined responsibilities for delivering the project, including City -led water utility
relocations. There were multiple utility relocations required on the East Washington Interchange
Project, including those belonging to AT &T, PG &E, Comcast, Integra Telecom, and the City of
Petaluma. When a utility is located within the State of California Right of Way, a Joint Use
Agreement is normally executed between California Department of Transportation and the utility
owner to clearly define mutual rights and responsibilities.
Construction on the East Washington Street Interchange, including the utility relocations, was
completed in January 2013. As part of the project closeout process addressed in the cooperative
agreement, the City has been working with the California Department of Transportation, the
project right -of -way consultant, the project design consultant, and other utility companies to
complete the transfer of easements and execute necessary joint use agreements.
DISCUSSION
City owned water utilities were relocated along East Washington Street as part of the Interchange
Project under the terms of the cooperative agreement, which requires that any prior agreements
be terminated and a new Joint Use Agreement be executed between the California Department of
Transportation and the City. The proposed Joint Use Agreement allows the City to relinquish the
prior water utility easement location responsibilities and obtain new easements for the new utility
locations. The agreement spells out the City's responsibilities for maintenance of the new lines.
In the event that the California Department of Transportation needs to modify the highway right -
of -way in the future and requires rearrangement, relocation, reconstruction or removal of any of
the City's facilities, the State shall notify the City in writing of such necessity and agree to
reimburse the City for costs to comply with the modification. It is recommended that Council
approve the subject resolution and allow execution of the attached Joint Use Agreement.
FINANCIAL IMPACTS
There are no associated cost with the recommended action and no change in maintenance cost or
responsibility by execution of the proposed Joint Use Agreement. If in the unlikely event that
Caltrans actions require future relocation of the City water line the City would be reimbursed for
the cost of the work to relocate.
ATTACHMENTS
1. Resolution
2. Joint Use Agreement
2
Attachment 1
RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT USE AGREEMENT
WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR CITY
OWNED WATER UTILITIES WITHIN THE STATE RIGHT OF WAY AT THE EAST
WASHINGTON INTERCHANGE
WHEREAS, the City of Petaluma participated in the East Washington Interchange
Project and construction is completed; and
WHEREAS, a Joint'Use Agreement is required by the California Department of
Transportation whenever a utility is located within the State of California Right of Way; and
WHEREAS, City of Petaluma owned water utilities were relocated along East
Washington Street as part of the East Washington Interchange Project and now a Joint Use
Agreement needs to be executed between the California Department of Transportation and the
City; and
WHEREAS, the Joint Use Agreement between the City of Petaluma and the California
Department of Transportation relinquishes the prior water utility easement location and details
the new location; and
WHEREAS, in the event that the California Department of Transportation needs to
modify the highway right of way in the future and requires rearrangement, relocation,
reconstruction or removal of any of the City of Petaluma's facilities, the State shall notify the
City in writing of such necessity and agree to reimburse the City on demand for its costs incurred
in complying with the new modification.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma hereby authorizes and directs the City Manager to execute the Joint Use Agreement
between the City of Petaluma and the California Department of Transportation attached to this
resolution as Exhibit A and incorporated herein by reference, including any final changes to such
agreements approved by the City Attorney.
3
Exhibit A to Resolution
Document exempt from recording fee -
California Government Code Section 27383
RECORDING REQUESTED BY
STATE OF CALIFORNIA
------------------ - - - - --
WHEN RECORDED RETURN TO
DEPARTMENT OF TRANSPORTATION
PO BOX 23440, MS -11A
OAKLAND, CA 94623 -0440
Attn: Julie McDaniel
STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION Space above this line for Recorders Use
JOINT USE AGREEMENT
DISTRICT
COUNTY
ROUTE
POST MILE
J.U.A. NO.
UTILITY NO.
04
Son
101
4.8
9766 -A
04 -UT- 1811.8
(1658)
THIS AGREEMENT, entered into this day of , 201_, by and between City of
Petaluma, hereinafter called "Owner" and the STATE OF CALIFORNIA, acting by and through its
Department of Transportation, hereinafter called "State ".
WITNESSETH
WHEREAS, Owner is in possession of certain rights of way and easements, hereinafter referred to as
"Owner's easement ", and described as follows:
The rights of way for 10 ", 12 ", 16" and 18" water pipelines with valves and other appurtenances, fittings
and connections thereto, together with a right of way along said pipeline acquired by occupancy as an
implied easement.
and
WHEREAS, State has acquired certain lands for highway purposes in the vicinity of Petaluma, County
of Sonoma on State Road 101, hereinafter referred to as "highway right of way," which said highway
right of way is subject to Owner's easement; and
WHEREAS, Owner's facilities on said highway right of way will interfere with or obstruct the
construction, reconstruction, maintenance or use of said highway, and State desires to eliminate such
interference or obstruction.
D4 JOINT USE AGREEMENT
RW 13 -1 (REV 06/2015)
Page 1 of 3
I
Ut. No. 04 -UT- 1811.8 (1658)
J.U.A. No. 9766 -A
NOW, THEREFORE, Owner and State hereby mutually agree as follows:
1. The location of Owner's easement so far as it now lies within said highway right of way be and it
hereby is changed to the strip of land within said highway right of way hereinafter referred to as "new
location ", described as follows:
Parcel 1, including Laterals One, Two and Three, shown on the plat entitled JUA
9766 -A, appended and incorporated herewith.
2. Owner will rearrange, relocate or reconstruct within said new location any of its facilities now
installed pursuant to Owner's easement within said highway right of way and Owner does hereby
surrender and quitclaim to the State all of Owner's right, title and interest under and by virtue of
Owner's easement in the old location within said highway right of way and not included in said new
location. Owner hereby consents to the construction, reconstruction, maintenance or use by State
of a highway over, along and upon Owner's easement both in the old location and in the new
location within said highway right of way upon and subject to the terms and conditions herein
contained.
State acknowledges Owner's title to Owner's easement in said new location and priority of Owner's
title over the title of State therein. Owner has and reserves the right and easement to use, in
common with the public's use of said highway, said new location for all of the purposes for which
Owner's easement was acquired, without need for any further permit or permission from State.
Except in emergencies, Owner shall give reasonable notice to State before performing any work on
Owner's facilities in said new location where such work will be performed in, on or over the traveled
way or improved shoulders of said highway or will obstruct traffic. Owner shall make adequate
provision for the protection of the traveling public regarding any work performed on Owner's facilities
in said location.
4. State's access control line does not intersect Owner's easement.
In the event that the future use of said highway right of way shall at any time or times necessitate a
rearrangement, relocation, reconstruction or removal of any of Owner's facilities then existing in said
new location the State shall notify Owner in writing of such necessity and agree to reimburse Owner
on demand for its costs incurred in complying with such notice. Owner will provide State with plans
of its proposed rearrangement and an estimate of the cost thereof and, upon approval of such plans
by State, Owner will promptly proceed to effect such rearrangement, relocation, reconstruction or
removal. Owner shall make adequate provisions for the protection of the traveling public regarding
any rearrangement, relocation, reconstruction or removal of Owner's facilities in said new location.
No further permit or permission from State for such rearrangement shall be required and State will
(1) enter into a Joint Use Agreement on the same terms and conditions as are herein set forth
covering any such subsequent relocation of Owner's facilities within said highway right of way, (2)
provide executed document(s) granting to Owner good and sufficient easement outside of the
highway right of way if necessary to replace Owner's easement or any part thereof, and (3)
reimburse Owner for any costs which it may be required to expend to acquire such easement,
provided it is mutually agreed in writing that Owner shall acquire such easement.
6. Except as expressly set forth herein, this Agreement shall not in any way alter, modify or terminate
D4 JOINT USE AGREEMENT
RW 13 -1 (REV 06/2015)
Page 2 of 3
Ut. No. 04 -UT- 1811.8 (1658)
J.U.A. No. 9766 -A.
any provision of Owner's easement. Both State and Owner shall use said new location in such a
manner as not to interfere unreasonably with the rights of the other. Nothing herein contained shall
be construed as a release or waiver of any claim for compensation or damages which Owner or
State may now have or may hereafter acquire resulting from the construction of additional facilities
or the alteration of existing facilities by either State or Owner in such a manner as to cause an
unreasonable interference with the use of said new location by the other party.
7. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of both
parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate
by their respective officials thereunto duly authorized.
RECOMMENDED FOR APPROVAL: CITY OF PETALUMA
DAVID WILLIAMS
AECOM Technical Services, Inc.
Local Agency Utility Coordinator
RECOMMENDED FOR APPROVAL:
Am
City Manager Date
LAURA HAMEISTER City Clerk Date
District Utility Coordinator
Right of Way — Local Programs
go
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
MALCOLM DAUGHTERY
Director of Transportation
MARK L. WEAVER, Attorney in Fact
Deputy District Director
Right of Way and Land Surveys
ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654 -6410 or TDD
(916)654 -3880 or write Records and Forms Management, 1120 N Street, MS -89, Sacramento, CA 95814
D4 JOINT USE AGREEMENT
RW 13 -1 (REV 06/2015)
Page 3 of 3
COORDINATES, BEARINGS AND DISTANCES ARE
BASED ON THE CALIFORNIA COORDINATE SYSTEM
OF 1983, ZONE 3, EPOCH 1991.35. DISTANCES
ARE U.S. SURVEY FEET UNLESS OTHERWISE NOTED.
DISTANCES AND STATIONING ARE GRID DISTANCES.
DIVIDE DISTANCES BY 0.999966886 TO OBTAIN
GROUND LEVEL DISTANCES.
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COUNTY OF SONOMA
CITY OF PETALUMA
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PARCEL 1
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SCALE IN METERS
0 100
,--SEE SHEET 5 I
PREPARED BY
STATE OF CALIFORNIA
BUSINESS, TRANSPORTATION
■ . AND HOUSING AGENCY
DEPARTMENT OF TRANSPORTATION
DISTRICT 4
BKF J.U.A. 9766 -A
ENGINEERS I SURVEYORS (PLANNERS
325 TESCOM CR SANTA ROSly CA 95101
(707)583 -8500 FAX: 707 - 58.7 -8539
DRAWN BY: JAB
DATE: 11/19/14
CHECK BY: RHT
SCALE:
AS SHOWN
COUNTY
ROUTE
P.M.
DR.N0.
SON
1 101
4.8
11 OF 5
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COORDINATES, BEARINGS AND DISTANCES ARE
BASED ON THE CALIFORNIA COORDINATE SYSTEM
OF 1983, ZONE 3, EPOCH 1991.35. DISTANCES
ARE U.S. SURVEY FEET UNLESS OTHERWISE NOTED
DISTANCES AND STATIONING ARE GRID DISTANCES.
DIVIDE DISTANCES BY 0.999966886 TO OBTAIN
GROUND LEVEL DISTANCES.
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COUNTY
CITY OF
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PETALUMA
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J.U.A. 9766 —A
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SEE SHEET 3
SCALE IN METERS
0 30
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PARCEL LINE TABLE
LINE
DIRECTION
LENGTH
LO
N53'13'51 "W
27.636M
L1
N53'13'51 "W
3.048M
L2
SWO5'07 "W
4.232M
L18
N34'05'07 "E
4.186M
PARCEL CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
Cl
5'20'14"
101.524M
9.457M
C11
5'20'14"
98.476M
9.173M
LEGEND
POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
PREPARED BY
STATE OF CALIFORNIA
BUSINESS, TRANSPORTATION
.■ AND HOUSING AGENCY
■ DEPARTMENT OF TRANSPORTATION
- DISTRICT 4
J.U.A. 9766 -A
BRF DRAWN BY: JAB DATE: 11/19/14
CHECK BY: RHT SCALE: AS SHOWN
ENGINEERS !SURVEYORS !PLANNERS
325 mm m smTA wA eA 95101 COUNTY1 ROUTE P.M. I DR.NO.
(707 &900 `A` 707 -W-M SON 1 101 1 4.8 2 OF 5
a 099084 - WATERLINE- EXHB.dwg
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COORDINATES, BEARINGS AND DISTANCES ARE
BASED ON THE CALIFORNIA COORDINATE SYSTEM
OF 1983, ZONE 3, EPOCH 1991.35. DISTANCES
ARE U.S. SURVEY FEET UNLESS OTHERWISE NOTED.
DISTANCES AND STATIONING ARE GRID DISTANCES.
DIVIDE DISTANCES BY 0.999966886 TO OBTAIN
GROUND LEVEL DISTANCES.
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SEE SHEET 2
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TAN. BRG.
COUNTY OF SON OM A
CITY OF PETALUMA
J.U.A. 9766 —A
PARCEL 1
SEE SHEET 4
1 SCALE IN METERS
0 30
PARCEL LINE TABLE
LINE
DIRECTION
LENGTH
L3
N5314'02 "W
17.774M
L4
S37'45'04 "W
0.963M
L5
S84'04'13 "W
4.674M
L13
N84'04'1 3 "E
5.625M
L14
N36'30'43 "E
1.38OM
L15
N3745'04 "E
1.160M
L16
S52'33'1O "E
2.438M
L17
S53'1 4'02 "E
14.782M
PARCEL CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
C2
5'13'49"
298.476M
27.247M
C10
6'06'13"
301.524M
32.121 M
PREPARED BY
® STATE OF CALIFORNIA
BUSINESS, TRANSPORTATION
.■ AND HOUSING AGENCY
■ DEPARTMENT OF TRANSPORTATION
- DISTRICT 4
J.U.A. 9766 -A
BRF DRAWN BY: JAB DATE: 11/19/14
CHECK BY: RHT SCALE: AS SHOWN
"msTAcA "gyn mmmm COUNTY ROUTE P.M. I DR.NO,
(707)M sM FAX 707- 5e1 -as" SON 1 101 4.8 3 OF 5
E
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COORDINATES, BEARINGS AND DISTANCES ARE
BASED ON THE CALIFORNIA COORDINATE SYSTEM
OF 1983, ZONE 3, EPOCH 1991.35. DISTANCES
ARE U.S. SURVEY FEET UNLESS OTHERWISE NOTED.
DISTANCES AND STATIONING ARE GRID DISTANCES.
DIVIDE DISTANCES BY 0.999966886 TO OBTAIN
GROUND LEVEL DISTANCES.
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I
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C4
PT. A
C5
PT. B -
C6
L9 I
COUNTY OF SONOMA
CITY OF PETALUMA
J.U.A. 9766 -A
PARCEL 1
PARCEL CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
C3
1'49'44"
352.044M
11.237M
C4
1'25'56"
352.044M
8.801 M
C5
3'07'56"
352.044M
19.245M
C6
00'54'33"
352.044M
5.586M
C7
0014'49"
348.996M
1.505M
C8
5'13'36"
348.996M
31.836M
C9
1'49'44"
348.996M
11.140M
SEE DETAIL
SHEET 5
SCALE IN METERS
Gm-
0 30
Q
PARCEL LINE TABLE
LINE
DIRECTION
LENGTH
L6
S01'25'18 "E
9.637M
L7
S43'3442 "W
25.945M
L8
S36`1 6'33 "W
14.869M
L9
S52'40'55 "E
3.049M
L10
N36'16'33 "E
14.925M
L11
N4334'42 "E
27.208M
L12
N01'25'18 "W
9.776M
PREPARED BY
STATE OF CALIFORNIA
BUSINESS, TRANSPORTATION
■■ AND HOUSING AGENCY
■ DEPARTMENT OF TRANSPORTATION
- DISTRICT 4
J.U.A. 9766 -A
BRF DRAWN BY: JAB DATE: 11/19/14
CHECK BY: RHT SCALE: AS SHOWN
ENGINEERS /SURVEYORS' PLANNERS
3251ESMCRSMTAAOACA., COUNTY ROUTE P.M. jDR.N0.
(7071W -M FAX 707 -5W-MM SON I 19L_L 4.8 4 OF 5
0,99084_WATERLINE- EXHBAwg 10
E
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0
COORDINATES, BEARINGS AND DISTANCES ARE
BASED ON THE CALIFORNIA COORDINATE SYSTEM
OF 1983, ZONE 3, EPOCH 1991.35. DISTANCES
ARE U.S. SURVEY FEET UNLESS OTHERWISE NOTED.
DISTANCES AND STATIONING ARE GRID DISTANCES.
DIVIDE DISTANCES BY 0.999966886 TO OBTAIN
GROUND LEVEL DISTANCES.
L19
L20
LATERAL
ONE
POINT B
L23
LATERAL
TWO
rr)
O
I
Q
SEE SHEET 4
PARCEL CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
C12 .
0'29'46"
352.044M
3.049M
C13
0'29'47"
352.044M
3.050M
C14
0130'01"
348.996M
3.048M
099084 — WATERLINE —EXH B. dwg
COUNTY OF SONOMA
CITY OF PETALUMA
SCALE IN METERS
19/zo14-
PARCEL LINE TABLE
LINE
DIRECTION
LENGTH
L19
N48'35'1 0 "W
2.047M
L20
N49'28'09 "W
2.279M
L21
S33'39'1 8 "W
3.041M
L22
S48'35'1 0 "E
3.986M
L23
N55'09'39 "W
2.581M
L24
S33'39'18 "W
3.049M
L25
S55'09'39 "E
2.407M
L26
S53'21'55 "E
15.22OM
L27
N45'22'06 "E
3.084M
L28
N53'21'55 "W
15.681 M
PREPARED BY
NSTATE OF CALIFORNIA
BUSINESS, TRANSPORTATION
AND HOUSING AGENCY
DEPARTMENT OF TRANSPORTATION
DISTRICT 4
J.U.A. 9766 —A
BRF DRAWN BY: JAB DATE: 11/19/14
CHECK BY: RHT SCALE: AS SHOWN
ENGINEERS ISURVEYORS!PLANNERS
325 TES m aR smTA Ros& CA m COUNTY ROUTE P.M. I DR.NO.
(707)%3 -M Fxv iu/ -Dw-wm SON 1 101 15 OF 5