HomeMy WebLinkAboutResolution 2016-044 N.C.S. 03/21/2016Resolution No. 2016-044 N.C.S.
of the City of Petaluma, California
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.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the i proved as to
Council of the City of Petaluma at a Regular meeting on the 21St day of March,�form:
2016, by the following vote:,
Cites orney
AYES: Barrett, Mayor Glass, Healy, Kearney, Vice Mayor King, Miller
NOES:
None
ABSENT:
Albertson
ABSTAIN:
None
ATTEST:
City Clerk
Resolution No. 2016-044 N.C.S.
4ayvlor
Page 1
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
JOINT USE AGREEMENT
Exhibit A to Resolution
Space above this line for Recorder's Use
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.
Resolution No, 2016-044 N.C.S. Page 2
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
Resolution No. 2016-044 N.C.S. Page 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:
DAVID WILLIAMS
AECOM Technical Services, Inc.
Local Agency Utility Coordinator
as
RECOMMENDED FOR APPROVAL:
IJ
LAURA HAMEISTER
District Utility Coordinator
Right of Way — Local Programs
CITY OF PETALUMA
City Manager
City Clerk
Date
Date
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
Resolution No. 2016-044 N.C.S. Page 4
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.
M
u
F—
W
W
S
W
M.
M
M
M
0
0
W
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COUNTY OF SON OM A
CITY OF PETALUMA
J.U.A. 9766—A
PARCEL 1
,P. t
STA
etric
SCALE IN METERS
0 100
a N1_ LANp
,--SEE SHEET 5
PREPARED BY�
STATE OF CALIFORNIA
BUSINESS, TRANSPORTATION
zi AND HOUSING AGENCY
wn
DEPARTMENT OF TRANSPORTATION
DISTRICT 4
J.U.A. 9766—A
DRAWN BY: JAB DATE: 11/19/14
B k CHECK BY: RHT SCALE: AS SHOWN
�aIMi,ii�usia,iMRos!,"�"ssw, COUNTY ROUTE P.M. DR.NO.
(707)%3 -asap Fuc roe -sea -ass SON 101 h.$ 1 OF 5
Resolution No. 2016-044 N.C.S.
Page 5
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.
W,
t7
M
O
POB
1.1 LO
COUNTY OF SON OM A
CITY OF PETALU M A
J.U.A. 9766--A
(L21.18 PARCEL
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0
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M
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to a
4 ' ;r
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N ' Z
M r M
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3 % ;Uj
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M
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SEE SHEET 3
SCALE IN METERS
fqo, 476
� - 0 30
0 -_--
PARCEL LINE TABLE
LINE
DIRECTION
LENGTH
LO
N5313'51"W
27.636M
L1
N53'13'51"W
3.048M
L2
S34'05'07"W
4.232M
L18
N34'05'07"E
4.186M
PARCEL CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
C1
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
DRAWN BY: JAB DATE: 11/19/14
CHECK BY: RHT SCALE: AS SHOWN
Efis
J25 a CRs►HTa WA CA ,95101 COUNTY ROUTEP.M. DR.NO.
(707)sea MW Fax: 707 -sea -M39 SON 101 4.8 2 OF 5
Resolution No. 2016-044 N.C.S.
Page 6
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.
d
L4
L5
oa
rn
0
w
0
p
03
M
z
L16
L15
L14
L13
SEE SHEET 2
N3712'02"E
TAN. BRG.
COUNTY OF SON OM A
CITY OF PETALUMA
J.U.A. 9766-A
mal m
SEE SHEET 4
SCALE IN METERS
0
/9/7m4 --
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
N84'04'13"E
5.625M
L14
N36'30'43"E
1.380M
L15
N37'45'04"E
1.160M
L16
S52'33'10"E
2.438M
L17
S53'14'02"E
14.782M
PARCEL CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
C2
5'13'49"
298.476M
27.247M
C10
6'06'13"
301.524M
32.121M
30
STATE OF CALIFORNIA
BUSINESS, TRANSPORTATION
AND HOUSING AGENCY
DEPARTMENT OF TRANSPORTATION
DISTRICT 4
J.U.A. 9766-A
DRAWN BY., JAB DATE: 11/19/14
CHECK BY: RHT SCALE: AS SHOWN
COUNTY ROUTE P.M. I DR.NO.
SON 1 101 4.8 13 OF 5
Resolution No. 2016-044 N.C.S. Page 7
0
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0
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COORDINATES, BEARINGS AND DISTANCES ARE
BASED ON THE CALIFORNIA COORDINATE SYSTEM
OF 1963, 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.
M}
O
0
C4
PT. A
C5
PT. B -
C6
UP 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
8.801M
C5
3'07'56"
352.044M
19.245M
C6
00'5433"
352.044M
5.586M
C7
00'14'49"
348.996M
1.505M
C8
5'13'36"
348.996M
31.836M
C9
1'49'44"
348.996M
11.140M
SCALE IN METERS
0 30
000
PARCEL LINE TABLE
LINE
DIRECTION
LENGTH
L6
S01'25`1 WE
9.637M
L7
S4334'42"W
25.945M
LS
S36'16'33"W
14.869M
L9
S52'40'55"E
3.049M
L10
N36'16'33"E
14.925M
L11
N43'34'42"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
5kF DRAWN BY: JAB DATE: 11/19/14
CHECK BY: RHT SCALE: AS SHOWN
t+ERS
1E5=CRUSMTAWACAN95i01 COUNTY1 ROUTE P.M. 1 DRAO.
(707).%3-M FAx 707-50-85M SON 1 101 1 4.P 14 OF 5
Resolution No. 2016-044 N.C.S. Page 8
E
9
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2
0
CL
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.
1-19
L20
LATERAL
ONE
POINT B
L23
LATERAL
TWO
W,
t�
M
M
0
EA
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
1 0'30'01"
1 348.996M
3,048M
COUNTY OF SON OMA
CITY OF PETALUMA
SCALE IN METERS
PARCEL LINE TABLE
LINE
DIRECTION
LENGTH
L19
N48'35'10"W
2.047M
L20
N49'28'09"W
2.279M
L21
S33'39'18"W
3.041M
L22
S48"35'10"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
15.220M
L27
N45'22'06"E
3.084M
L28
N53'21'55"W
I 15.681M
PREPARED BY
STATE OF CALIFORNIA
BUSINESS, TRANSPORTATION
AND HOUSING AGENCY
DEPARTMENT OF TRANSPORTATION
DISTRICT 4
J.U.A. 9766—A
Li 0 t DRAWN BY: JAB DATE: 11/19/14
CHECK BY: RHT SCALE: AS SHOWN
EWWEER3f325 ESM oars SmTA m �4o a COUNTY ROUTE P.M. DR.NO.
(707)563-M nuc: NI-DW-OXW SON 1 101 4.$ _ 15 OF 5
Resolution No. 2016-044 N.C.S.
Page 9