HomeMy WebLinkAboutStaff Report 4.B 11/21/2016DATE:
TO:
Agenda Item #4.B
November 21, 2016
Honorable Mayor and Members of the City Council through City Manager
FROM: Dan §'t. ASCE — Director, Public Works and Utilities
Curtis ates, P.E. — City Engineer
SUBJECT: Introduction (First Reading) of an Ordinance Authorizing the City Manager to
Execute a Grant Deed for a 10 -foot Wide Underground Solar Easement to Beer
Baron Properties, LLC, (Lagunitas Brewing Company) for the Purposes of
Installing, Operating and Maintaining Underground Wiring and Conduit within
City Owned Property Identified as Assessor's Parcel Number: 007 -582 -007,
Petaluma, CA.
RECOMMENDATION
It is recommended that the City Council introduce an Ordinance Authorizing the City Manager
to Execute a Grant Deed for a 10 -Foot Wide Underground Solar Easement to Beer Baron
Properties, LLC (Lagunitas brewing Company) for the Purposes of Installing, Operating and
Maintaining Underground Wiring and Conduit Within City Owned Property Identified as
Assessor's Parcel Number: 007 -582 -007, Petaluma, CA.
BACKGROUND
Beer Baron Properties, LLC, otherwise known as the Lagunitas Brewing Company, has proposed
to install a solar array on privately owned property within the County of Sonoma. The subject
parcel is identified as assessor parcel number 137 -011 -025. The City's property and Sonoma
Marin Area Rail Transit (SMART) railroad right of way are located in between the Lagunitas
campus and property with the proposed solar array as shown on the attached vicinity map,
Exhibit 3. In order to connect the proposed solar array to the Lagunitas campus, an underground
easement, electrical wiring and conduit are required across City property. Lagunitas is in the
process of acquiring an easement from SMART for the same purpose as is being requested from
the City.
DISCUSSION
The City's property contains a storm water ditch used for public drainage purposes. The
proposed conduit and wiring within the underground solar easement will be installed by boring
an underground conduit a minimum of five feet beneath the bottom of the existing ditch. The
proposed conduit and electrical wiring is not expected to impact existing or future drainage
operations within the City's parcel. By granting the easement, Lagunitas will obtain legal rights
from the City to install, operate and maintain its utility line infrastructure on the City's property.
To grant an easement over City property to another entity, an ordinance, included as Attachment
1, must be approved by the City Council. While the City retains the right to request fair
compensation for the value of an easement, the subject easement is expected to have only
nominal value. This is because it is only 500 square feet, crosses a drainage way that has no
apparent development potential, and does not restrict the City's use of the property. The cost of
an appraisal would most likely exceed the any potential value of the easement, and as such,
compensation has not been requested as part of this transaction.
FINANCIAL IMPACTS
The project is subject to cost recovery with all expenses paid by the applicant. This action has
no impact on the City's budget.
ATTACHMENTS
1. Ordinance
2. Exhibit A to Ordinance
3, Vicinity Map
2
EFFECTIVE DATE
OF ORDINANCE
Introduced by
Attachment 1
ORDINANCE NO. N.C.S.
Seconded by
ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT
DEED FOR A 10 -FOOT WIDE UNDERGROUND SOLAR EASEMENT TO BEER
BARON PROPERTIES, LLC (THE LAGUNITAS BREWING COMPANY) FOR THE
PURPOSES OF INSTALLING, OPERATING AND MAINTAINING UNDERGROUND
WIRING AND CONDUIT WITHIN CITY OWNED PROPERTY IDENTIFIED AS
ASSESSOR'S PARCEL NUMBER: 007 -582 -007, PETALUMA, CA.
WHEREAS, the City Engineer and City Attorney have reviewed the easement grant deed and
legal description noted as "Exhibit A to the Ordinance" 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.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
PETALUMA AS FOLLOWS:
1. That said grant of easement are hereby approved and shall be carried out; and,
2. The City Manager is hereby authorized and directed to sign the easement grant deed,
attached as "Exhibit A to the Ordinance ", thereby offering the underground solar
easement to Beer Baron Properties, LLC.
3
_ ._. Attachment 2
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO AND MAIL
TAX STATEMENTS TO:
BEER BARON PROPERTIES, LLC
C/O MICHAEL J. BUCKLE, Y AND JOAN B.
BUCKLEY
3853 GROVE STREET
SONOMA, CA 95476
ORDER NO.:
SPACE ABOVE THIS LINE. FOR RECORDER'S USE
EASEMENT GRANT DEED
THE UNDERSIGNED GRANTOR(s) DECLARE(s) R&T 11911— Confirms Title in Grantee's Name
❑ unincorporated area ❑ computed on full value of interest or property conveyed, or
* the City of Petaluma ❑ full value less value of liens or encumbrances retraining at the
time of sale
Parcel No. 007 -582 -007 lntn)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
City of Petaluma, a Municipal Corporation and Political Subdivision of the State of California
hereby GRANT(s) to
Beer Baron Properties, LLC
the following real property in the City of Petaluma County of Sonoma, State of California:
SEE EXHIBITS "A" AND "B" ATTACHED
Dated: July 18, 2016
City of Petaluma, a Municipal Corporation and Political .
Subdivision of the State of California
John C. Brown, City Manager
A notary public or other officer completing this certificate verifies only the Identity
of the individual who signed the document to which this certificate is attached, and
not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF Sonoma SS:
before me, FOR NOTARY SEAL OR STAMP
a 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 i
GRANrna®r'r
i
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EXHIBIT A
UNDERGROUND SOLAR BASEMENT
The City of Petaluma to Michael J, Buckley and Joan B. Buckley, trustees of the
Michael and Joan Buckley Living Trust dated April 21, 1992.
A 10 foot wide easement for underground solar electric conduits over the following
described property:
Beginning at a point on the northeasterly boundary line of the lands of Michael J.
Buckley and Joan B. Brickley, trustees of the Michael and Joan Buckley Living Trust
dated April 21, 1992 as said lands are described by deed recorded under Official
Records Document Number 1998- 0155969, Sonoma County Records, from which point
a 3/4 inch iron pipe tagged LS 5087 marking the most northerly corner of said lands of
the Buckley Living Trust bears N 39'40'165" W, 50.25 feet, said point also being on
the southwesterly line of the lands of the City of Petaluma, being "Parcel A" as
dedicated "for drainage channel purposes" on the final map of "Petaluma Industrial
Park, Unit No. 1" filed February 20, 1968 in Book 127 of Maps at Pages 19 -20, Sonoma
County Records; thence from said point of beginning, leaving said northeasterly line of
the Buckley Living Trust, N 50 °19'44' E, 50.00 feet, to a point in the northeasterly line
the herein above referenced "Parcel A ", said point also being on the southwesterly line
of the Sonoma /Maria Area Rail Transit District right of way; thence along the
northeasterly line of said "Parcel A ", S 39'40'161' E, 10,00 feet; thence leaving said
northeasterly line S 50'19'44" W, 50.00 feet, to a point on the northeasterly line of said
lands of the Buckley Living Trust; thence along said northeasterly line N 39'40'16" W,
10.00 feet, to the point of beginning, affecting an area of 500 square feet.
Affects a Portion of APN 007 -582 -007
The Basis of Bearings for the above description is S 49024'14" W, being the bearing of
the northwesterly line of the lands of Michael J. Buckley and Joan B, Buckley, trustees
of the Michael and Joan Buckley Living Trust dated April 21, 1992 as said lands are
described by deed recorded under Official Records Document Number 1998- 0155969,
Sonoma County Records, said northwesterly line also being the common line of Lots 25
& 26 as shown on the final map of "Petaluma Industrial Park, Unit No. 1" filed
February 20, 1968 in Book 127 of Maps at Pages 19 -20, Sonoma County Records.
Date :._ __ , 2016
Prepared by:
Paul M. Brown, PLS 5087
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Attachment 3
This exhibit is for graphic
purposes only. Any errors or
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Attachment 3
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APN '007- -582 -007
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