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HomeMy WebLinkAboutStaff Report 4.C 12/01/20084.0 December 1, 2008 CITY OF PETALLUUNIA, CALIFORNIA AGENDA BILL Agenda Title: Ordinance Approving Grant of Utility Easement to Pacific Meeting Date: December 1, 2008 Gas and Electric Company in Support of the U.S. Army Corps of Engineers' Railroad Industry Track Relocation Project (4C00500103) and Authorizing the City Manager to Execute all Documents to Effect Grant of Easement Meeting Time: ❑ 3:00 PM ® 7:00 PM Category: ❑ Presentation ❑ Consent Calendar ❑ Public Hearing ❑ Unfinished Business ® New Business Denartment: Director: Water Resources & Michael Ban Conservation Cost of PronosaL $0 Amount Budgeted: $0 Contact Person: Michael Ban Phone Number: 778-4546 Name of Fund: Storm Drainage Impact Fees Account Number: 3160-C00500103 Recommendation: It is recommended that the City Council take the following action: It is recommended the City Council approve the ordinance authorizing the City Manager to execute all documents to effect grant of easement to Pacific Gas and Electric Company in support of the U.S. Army Corps of Engineers' Railroad Industry Track Relocation Project (4C00500103). The ordinance will receive a second reading on December 15, 2008. Summary Statement: During construction of the U. S. Army Corps of Engineers' Railroad Industry Track Relocation Project, it was determined that the new retaining wall was in conflict with an existing PG&E gas service to the Weiner property. The retaining wall could not be moved. In order to alleviate this conflict, PG&E had to re-route the gas service through City property. To help the City, PG&E agreed to re-route the service prior to obtaining the easement so that the construction of the project could proceed without delay. It is now requested that the City provide an easement to PG&E for this work. Attachments to Agenda Packet Item: Ordinance f Reviewed by Admin. Svcs. Dir: ""Date: l/ /� Rev. #r'� � a e Last Revised: Reviewed by City Attornev: AnnrQed-lYMity Manager: J a� Date: Date: 11/13/08 File: S:\C.I.P. Folder\DRAINAGE Folder\C500I03 RR Industry Track Relocation\city council\December 1 - 2008\pg&e gas easement\agenda report.draftl.doe CITY OF PETALUMA, CALIFORNIA DECEMBER 1, 2008 AGENDA REPORT FOR ORDINANCE APPROVING GRANT OF UTILITY EASEMENT TO PACIFIC GAS AND ELECTRIC COMPANY IN SUPPORT OF THE U.S. ARMY CORPS OF ENGINEERS' RAILROAD INDUSTRY TRACK RELOCATION PROJECT (#C00500103) AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS TO EFFECT GRANT OF EASEMENT RECOMMENDATION: It is recommended the City Council approve the ordinance authorizing the City Manager to execute all documents to effect grant of easement to Pacific Gas and Electric Company in support of the U.S. Army Corps of Engineers' Railroad Industry Track Relocation Project (#C00500103). The ordinance will receive a second reading on December 15, 2008. 2. BACKGROUND: In July 1996, the City of Petaluma and the U.S. Army Corps of Engineers (Corps) entered into a project cooperation agreement (PCA) for design and construction of the Petaluma River Flood Control Project. hi general, this project consists of channel improvements, road and railroad bridge replacements, along with the construction of floodwalls for a portion of the river between the turning basin and the junction with Lynch Creek. The purpose of the project is to increase conveyance capacity of the river and provide a greater level of flood protection. After nine years of construction activities and the administration of various contracts by the Corps, the Petaluma River Flood Control Project is nearing completion. The City of Petaluma, as the local sponsor for the project, is responsible for providing the necessary lands, easements, and rights-of-way for construction, operation, and maintenance of the project. One of the last remaining projects to be completed is the Railroad Industry Track Relocation Project. This project provides rail service to Dairyman's Feed and Supply from the Main Line in the vicinity of Lakeville Street and Madison Street, and includes constructing a switch on the new Maui Line near the existing Longs Drugs building, with a curve bearing towards Dairymen's Feed & Supply. The Corps began construction of this project in April. During construction of the project, it was determined that the new retaining wall was in conflict with an existing PG&E gas service to the Weiner property. The retaining wall could not be moved. In order to alleviate this conflict, PG&E had to re-route the gas service through City property. To help the City, PG&E agreed to re-route the service prior to obtaining the easement so that the construction of the project could proceed without delay. q- DISCUSSION: Following adoption of the ordinance, the City Manager will execute all documents relating to the Grant of Easement and the City Clerk will record the document with the Sonoma County Recorder. 4. FINANCIAL IMPACTS: There is no cost associated with the granting of this easement, other than City staff time to review the documents and prepare the agenda report. /1J J1 L\.m ORDINANCE NO. N.C.S. Introduced By Seconded By ORDINANCE APPROVING GRANT OF UTILITY EASEMENT TO PACIFIC GAS AND ELECTRIC COMPANY IN SUPPORT OF THE U.S. ARMY CORPS OF ENGINEERS' RAILROAD INDUSTRY TRACK RELOCATION PROJECT (#C00500103) AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS TO EFFECT GRANT OF EASEMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. City of Petaluma (Grantor) is the owner of a parcel of real property located at Lakeville Road and East Madison, in the City of Petaluma, County of Sonoma, California, Sonoma County Assessor's Parcel No. 007-072-031. Section 2. Pacific Gas and Electric Company (Grantee) is acquiring from Grantor an easement for relocation of a gas service. Section 3. For such purposes, Grantee intends to relocate existing gas service onto the Easement. Section 4. In July 1996, the City of Petaluma and the U.S. Army Corps of Engineers (Corps) entered into a project cooperation agreement (PCA) for design and construction of the Petaluma River Flood Control Project. In general, this project consists of channel improvements, road and railroad bridge replacements, along with the construction of floodwalls for a portion of the river between the turning basin and the junction with Lynch Creels. The purpose of the project is to increase conveyance capacity of the river and provide a greater level of flood protection. The City of Petaluma, as the local sponsor for the project, is responsible for providing the necessary lands, easements, and rights-of-way for construction, operation, and maintenance of the project. Section 5. Pacific Gas and Electric Company, in consultation with the Grantor, has prepared a draft grant of easement, which is included as Exhibit A. Section 6. The City Manager is authorized to execute all documents related to this action of relocating the gas service and granting the Grant of Easement. INTRODUCED and ordered posted this 1st day of December 2008. ADOPTED this 15°i day of December 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Pamela Torliatt, Mayor APPROVED AS TO FORM: Claire Cooper, City Clerk Eric Danly, City Attorney U FM�� -1 Distribution Eusemml (Rev. 06/08) RECORDING REQUESTED BY AND RETURN TO: PACIFIC GAS AND ELECTRIC COMPANY Salta Rosa Laud Services Office 111 Stony Circle Santa Rosa, CA 95401-9599 Location: City/Unine Recording Fee S Document Transfer Tax S [ ] This is a conveyance where the consideration and Value is less than $100.00 (R&T 11911). [ ] Computed on Full Value of Property Conveyed, or [ ] Computed an Full Value Less Liens & Encumbrances Remaining at Time of Sale Signature of declarant or agent determining tax (SPACE ABOVE FOR RECORDER'S USE ONLY) LD# EASEMENT DEED CITY OF PETALUMA, a public body of the State of California, hereinafter called first party, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called second party, the right from time to time to construct, reconstruct, install, inspect, maintain, replace, remove, and use facilities of the type hereinafter specified, together with a right of way therefor, within a strip or parcel of land or along a route as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands of first party situate in the city of Petaluma, county of Sonoma, state of California, described as follows: (APN 007-072-031) por. The parcel of land described in the final order of condemnation, wherein the City of Petaluma is plaintiff, dated May 1, 2008 and recorded as Official Records Series Number 2008046260, Sonoma County Records. Said facilities shall consist of: One or more underground pipes with suitable service pipes and connections, as second party deems necessary, for the conveyance of gas to be installed within the strip of land of the uniform width of 10 feet, the center line of which is delineated by the heavy dashed lines shown upon the print of second party's Drawing No. 40906101 attached hereto and made a part hereof. The foregoing description is based on a survey made by second party (PG&E) in September 2008. The bearings used are based on the Record of Survey filed for record June 23, 1977 in Book 254 of Maps at page 5, Sonoma County Records. First party further grants to second party the right from time to time to trim or to cut down and clear away any and all trees and brush now or hereafter along said route or within said strip or parcel and shall have the further right from time to time to trim and to cut down and clear away trees on each side along said route, strip or parcel which now or hereafter in the opinion of second party may be a hazard to the facilities installed hereunder by reason of the danger of falling thereon, provided, however, that P. O COPY �> t' Distribution Easement Rev. (06/08) all trees which second party is hereby authorized to cut and remove, if valuable for timber or wood, shall continue to be the property of fust party, but all tops, lops and brush shall be burned or removed by second party. First party shall not erect or construct any building or other structure or drill or operate any well within said strip. The legal description herein, or the map attached hereto, defining the location of this utility distribution easement, was prepared by Pacific Gas and Electric Company pursuant to Section 8730 (c) of the Business and Professions Code. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. Dated: CITY OF PETALUMA RTA m Area 7 Santa Rosa Land Service Office Distribution TSN, R7W, MDB&M, SEC 33, NW 1/4 FERC License Number(s): N/A PG&E Drawing Number(s): 40906101 PLAT NO. 2768-F5 LD of any affected documents: 2405-07-0722 LD of any Cross-referenced documents: N/A TYPE OF INTEREST: 5, 53 SBE Parcel Number: (For Quitclaims, % being quitclaimed) Order # or PM #: 40906101 JCN: N/A County: SONOMA Utility Notice Numbers: N/A 851 Approval Application No. Decision Prepared By: CSSB Checked By: WRL2 I/I9�f Revision Number: File: S:\r\w docs\son7O8\40906101.doc Distribution Easement Rev. (06106) State of California County of 1 On , before me, H. msm. and tick dam altar 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) an 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. Sipwarc M.W, F.H. CAPACITY CLAIMED BY SIGNER [ ] Individual(s) signing for oneself/themselves [ ] Corporate Officer(s) of the above named corporation(s) [ ] Trustee(s) of the above named Trust(s) [ ] Partner(s) of the above named Parmership(s) [ ] Attorney(s)-in-Fact of the above named Principal(s) [ ] Other (Seal) 62-338 Rev. 5/B5 Right of Way Map L1 L2 L3 LINE TABLE N 3537'37" E S 83'34'07" E N 3716'07" E T2s c/ PR of T��Ck 71Q_ 9+ 190, 0.> 1 1 \ POB DETAIL N.T.S. 0 lk y sire 1 Q� 1 / Op N� \`. 1// cF,�F,p �� •�q��� `i Go q % T2 c'pcF �• `� � � �� J� � i 09'f' \ >9�s°AFP \� \ ?\N'�'1 rp ` zq 0X990 / N Cl / BASIS OF BEARINGS N 5416'12" W 90.00 (PER. 254 RS 5) Ln I 9SSF3 m o Sop• a 110E o8 eooh O) 9 fsr?9 ?SA o F SAN FO 'PS V \ 00 P/qo 0> /10 2 \057 STRIP CONFIGURATION 5' 10' S' LEGEND NEW GAS LINE r— m MONUMENT AS NOTED CftY,RANCHO,SUBDNISION,ETC,i--lr—li- CALE DATE GAS SERVICE TO WEINER-LAKEVILLE ST, PETALUMA J 1"s=.0' 10-6-08 ISECTION TOWNSHIP I RANGE I MERIDIAN 33 SN 7W MDB&M NW 1/4 CHGI DATE DESCRIPTION ATUTTH BY CCH DR.BY: CSSB CH.BY: DAKB REFERENCES 2405-07-0722 I PG&E I 5000�6MA 1409 0601 I OROW06100 I CHG.