HomeMy WebLinkAboutStaff Report 4.A 09/11/2017Agenda Item #4.A �
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DATE: September 11, 2017
TO: Honorable M or and Members of the City Council through City Manager
FROM: D n St. o _ , CE — Director, Public Works and Utilities
Curtis . ates, P.E. — City Engineer
SUBJECT: Introduction (First Reading) of an Ordinance Authorizing the City Manager to
Approve an Easement Grant Deed to Pacific Gas and Electric Company for the
Purposes of Installing, Operating and Maintaining Public Utilities within City of
Petaluma Corporation Yard Property Identified as APN: 007 - 171 -016, Petaluma,
CA
RECOMMENDATION
It is recommended that the City Council Introduce an Ordinance Authorizing the City Manager
to Approve an Easement Grant Deed to Pacific Gas and Electric Company (PG &E) for the
Purposes of Installing, Operating and Maintaining Public Utilities within City of Petaluma
Corporation Yard Property Identified as APN: 007 - 171 -016, Petaluma, CA.
BACKGROUND
The City Council previously approved environmental and design review, as well as the tentative
and final maps for the Riverfront Subdivision. Construction of the project is underway. As part
of development of the site, PG &E utility infrastructure has been installed on the City owned
corporation yard property adjacent to the subdivision project site. PG &E requires the dedication
of an easement for that infrastructure prior to activating utility lines, which is an action requiring
City Council approval.
DISCUSSION
Once the City grants the easements to PG &E, PG &E will obtain legal rights from the City to
operate and maintain its underground utility line infrastructure that crosses City property. To
grant an easement to another entity, an ordinance, included as Attachment 1, must be approved
by the City Council. Normally, this occurs after construction to avoid having to abandon and re-
establish an easement if changes during construction require realigning the utility line from the
initial design. Therefore, this easement would be granted after construction when the alignment
of the easement is precisely known. The easement and placement of the underground utility lines
and electric vault have been located to coordinate with the future Caulfield Lane extension
through the corporation yard property, and will not affect the future roadway alignment. Neither
the easement, included as Attachment 2, nor installing the underground utilities will adversely
affect the City's properties. This work had been previously anticipated during the design
development and permitting of the Riverfront project.
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, including legal descriptions, plats and grant deed for the proposed
easements
2
EFFECTIVE DATE
OF ORDINANCE
Introduced by
Attachment 1
ORDINANCE NO. N.C.S.
Seconded by
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPROVE
AN EASEMENT GRANT DEED TO PACIFIC GAS AND ELECTRIC COMPANY
FOR THE PURPOSES OF INSTALLING, OPERATING AND MAINTAINING
PUBLIC UTILITIES WITHIN CITY OF PETALUMA CORPORATION YARD
PROPERTY IDENTIFIED AS APN: 007 - 171 -016, PETALUMA, CA
WHEREAS, the City Engineer and City Attorney have reviewed the easement grant deed and
legal descriptions 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:
That said grant of easements 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 utility easements to Pacific
Gas and Electric Company.
Distributim Easement (Rev,11/15)
RECORDING REQUESTED 13Y AND RETURN TO:
PACIFIC GAS AND ELECTRIC COMPANY
245 ilarket Sh -eet, NI 0.4, room 1015
P.O. Box 770000
Sue Francisco, Catfornia 94177
Location: City /Uninc
Recording Fee $
Document Transfer Tax $
] This is a conveyance where the consideration and
Value is less than $100.00 (RS T 11911).
[ ] Computed on Full Value of Property Conveyed, or
[ ] Computed on Full Value Less Liens
& Encumbrances Remaining at Time of Sale
Signature of declarant or agent determining tax
Attachment 2 - Exhibit A to Ordinance
SPACE ABOVE FOR RECORDER'S USE ONLY,
LD# 2405 -07- EASEMENT DEED
PM 31276114
CITY OF PETALUMA, a municipal corporation,
hereinafter called Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a
California corporation, hereinafter called Grantee, 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 the easement area as hereinafter set forth, and also ingress thereto
and egress therefrom, over and across the lands of Grantor situate in the City of Petaluma, County of
Sonoma, State of California, described as follows:
(APN 007 - 171 -016)
The parcel of land conveyed by Ben C. Gerwick, Inc., to the City of Petaluma, a nnnrnicipal
corporation, dated January 11, 1967 and recorded in Book 2257 of Official Records at page 112,
Sonoma County Records.
Said facilities and easement area are described as follows:
Such underground conduits, pipes, manholes, service boxes, wires, cables, and electrical
conductors; aboveground marker posts, risers, and service pedestals; underground and
aboveground switches, fuses, terminals, and transformers with associated concrete pads; and
fixtures and appurtenances necessary to any and all thereof, as Grantee deems necessary for the
distribution of electric energy and communication purposes located within the parcel of land
described in Exhibit "A" and shown upon Exhibit "B" attached hereto and made a pail hereof,
Grantor further grants to Grantee the right, from time to time, to trim or to cut down any and all trees
and brush now or hereafter within said easement area, and shall have the further right, from time to
time, to trim and cut down trees and brush along each side of said easement area which now or
hereafter in the opinion of Grantee may interfere with or be a hazard to the facilities installed
hereunder, or as Grantee deems necessary to comply with applicable state or federal regulations.
Grantor shall not erect or construct any building or other structure or drill or operate any well within
said easement area.
Ll
Distribution Easement Rev, (11/15)
Grantor firther grants to Grantee the right to assign to another public utility as defined in Section 216
of the California Public Utilities Code the right to install, inspect, maintain, replace, remove and use
communications facilities within said easement area (including ingress thereto and egress therefrom).
Grantor acknowledges that they have read the "Grant of Easement Disclosure Statement ", Exhibit
"C ", attached hereto and made a part hereof
The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective
Pat-ties hereto.
Dated:
CITE' OF PETALUMA, a municipal corporation
By
Print. Name & Title
By
Print Name & Title
I hereby certify that a resolution was adopted
On the _ day of , 20, by the
authorizing the foregoing grant of easement.
By
5
Distribution Easement Rev, (11 /15)
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
On , before me Here insert name a of t x officer (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 PENAL'f Y OF PERJURY tinder the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
(Seal)
Signature ofNotmyPublic
CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself /themselves
[ ] Corporate Officer(s) of the above named corporation(s)
[ ] TCUStee(S) of the above named Trust(s)
[ ]
Partner(s) of the above named Partnership(s)
[ ] Attorney(s) -in -Fact of the above named Principal(s)
[ ] Other
0
EXHIBIT "A"
LEGAL DESCRIPTION
PG &E EASEMENT
SITUATE IN THE CITY OF PETALUMA, COUNTY OF SONOMA, STATE OF CALIFORNIA.
BEING A PORTION OF THE LANDS OF THE CITY OF PETALUMA, AS CONVEYED BY DEED RECORDED IN
BOOK 2257 OF OFFICIAL RECORDS AT PAGE 112, SONOMA COUNTY RECORDS, AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE NORTHEASTERLY LINE OF CAULFIELD LANE EXTENSION, SAID POINT
ALSO BEING THE NORTHWESTERLY CORNER OF LOT 1 OF CITY OF PETALUMA PARCEL MAP NO. 386,
RECORDED IN BOOK 744 OF MAPS AT PAGES 44 -46, SONOMA COUNTY RECORDS, AND MARKED BY A
RAILROAD SPIKE, PUNCHED AND STAMPED "PLS 7950 "; THENCE SOUTH 46 °42'37" EAST, 342.60 FEET TO AN
UNTAGGED' /" IRON PIPE ON THE SOUTHERLY LINE OF SAID LOT 1; THENCE SOUTH 80 °51'38" WEST
242.52 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LANDS OF THE CITY OF PETALUMA, AND THE
POINT OF BEGINNING OF THIS DESCRIPTION; THENCE ALONG SAID NORTHERLY LINE,
NORTH 77 °21'20" WEST, 38.00 FEET; THENCE LEAVING SAID LINE, SOUTH 04 °40'23" WEST, 26.00 FEET;
THENCE SOUTH 77 °21'20" EAST, 23.00 FEET; THENCE SOUTH 12 °38'40" EAST, 43.00 FEET; THENCE
SOUTH 77 °21'20" EAST, 11.40 FEET TO THE WESTERLY FACE OF A STUCCO WALL; THENCE ALONG SAID
WALL FACE AND ITS NORTHERLY PROJECTION, NORTH 12 °38'40" EAST, 68.75 FEET TO THE POINT OF
BEGINNING.
CONTAINING 1422 SQ. FT, MORE OR LESS.
THE BASIS OF BEARINGS FOR THE ABOVE DESCRIPTION IS SOUTH 46 °42'37" EAST AS CALCULATED PER
THAT CERTAIN CITY OF PETALUMA PARCEL MAP NO. 386, FILED IN BOOK 744 OF MAPS, AT PAGES 44 -46,
SONOMA COUNTY RECORDS, BETWEEN FOUND MONUMENTS SHOWN ON SAID MAP AND HEREON.
DEAN J. BAR RIO, . .S. 8659 �LANGN JDATE o
STEVEN J. LAFRANCHI & ASSOCIATES, INC.
CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS
PETALUMA THEATRE SQUARE
140 SECOND STREET, SUITE 312, PETALUMA, CA 94952
TEL 707 - 762 -3122 FAX 707 -762 -3239
091358 PG &6 COP.PIPS.doc
7
t
PG&E EASEMENT
IVIDM, T5N, R7W, SEC. 34, N 1/2 OF�TTHE SW 11
SEE ■
POC
to �,
to \ 464?' 744 Maps 44
744 Maps 44 �co e'9S �3 >, Lot 11`
I.,of 2. q., /S �.F
3
4 F e�RiN�s so
,
1AcNEAh' CO,IAPANY PUBLIC RIGHT OF WAY
T/
,30' STR /P RESCPrVAT /ON C17-Y ON TO THE
IN 441 OR 9 DNN 2006P0.32019 � Z 52 l
Hopper � L1 Street
ti POB PETAL UAAA
RIVERFRON7,' LL C
y PG &E DN 2001 - 118292
EASEMENT
CITY OF FEW NIA
444 OR 9
APN 007- 171 -008
APN 007 - 171 -016
CITY OF PETAIIIAAA
2257 OR 112
''b1A.R.T.
DN 2004 - 028629
PETAL 04 /A
RIVERFRONT, LL C
ON 2001- 118292
0
0
N
STEVEN J. LAFRANCHI & ASSOCIATES, INC.
CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS - LANDSCAPE ARCHITECTS
PETALUMA THEATRE SQUARE
PETALUMA, CALIFORNIA 94952
140 SECOND STREET, SUITE 312
707.762.3122 FAX 707.762 -3239
LEGEND
COURSE DATA
POC
POINT OF COMMENCEMENT
LINE BEARING
LENGTH
POB
POINT OF BEGINNING
L 1
N7712 1'20"W
38.00'
DN
DOCUMENT NUMBER
L2
SO4'40'23 "W
26.00'
FOUND RAILROAD SPIKE,
L,7
S77'2 1'20"E
2100'
PUNCHED & STAMPED
"PLS ",
L4
S12'38'40 "W
43.00'
7950 PER R1
L5
S77'21'20 "E
11.40'
0
FOUND %" IRON PIPE, NO
Z
TAG, PER R1
L6
N12'38'40 "E
68.75'
0
R1
744 MAPS 44 -46
SCR
SONOMA COUNTY RECORD
1. .r
Pcl
PARCEL
STEVEN J. LAFRANCHI & ASSOCIATES, INC.
CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS - LANDSCAPE ARCHITECTS
PETALUMA THEATRE SQUARE
PETALUMA, CALIFORNIA 94952
140 SECOND STREET, SUITE 312
707.762.3122 FAX 707.762 -3239
Distribution Easement Rev. (11 /I5)
Pacific Gas and Eleeft is Company
7
EXHIBIT "C"
GRANT OF EASEMENT DISCLOSURE STATEMENT
This Disclosure Statement will assist you in evaluating the request for granting an easement to Pacific Gas and
Electric Company (PG &E) to accommodate a utility service extension to PG &E's applicant. Please read this
disclosure carefully before signing the Grant of Easement.
• You are under no obligation or threat of condemnation by PG &E to grant this easement.
• The granting of this easement is an accommodation to PG &E's applicant requesting the extension of
PG &E utility facilities to the applicant's property or project. Because this easement is an accommodation
for a service extension to a single customer or group of customers, PG &E is not authorized to purchase any
such easement.
• By granting this easement to PG &E, the easement area may be used to serve additional customers in the
area. Installation of any proposed facilities outside of this easement area will require an additional easernent.
• Removal and/or pruning of trees or other vegetation on your property may be necessary for the
installation of PG &E facilities. You have the option of having PG &E's contractors perform this work on
your property, if available, or granting permission to PG &E's applicant or the applicant's contractor to
perform this work. Additionally, in order to comply with California fire laws and safety orders, PG &E or its
contractors will periodically perform vegetation. maintenance activities on your property as provided for in
this grant of easement in order to maintain proper clearances from energized electric lines or other facilities.
• The description of the easement location where PG &E utility facilities are to be installed across your
property must be satisfactory to you.
• The California Public Utilities Commission has authorized PG &E's applicant to perform the installation
of certain utility facilities for utility service. In. addition to granting this easement to PG &E, your consent
may be requested by the applicant, or applicant's contractor, to work on your property. Upon completion of
the applicant's installation, the utility facilities will be inspected by PG &E. When the facility installation is
determined to be acceptable the facilities will be conveyed to PG &E by its applicant.
By signing the Grant of Easement, you are acknowledging that you have read this disclosure and understand that you
are voluntarily granting the easement to PG &E. Please return the signed and notarized Grant of Easement with this
Disclosure Statement attached to PG &E. The duplicate copy of the Grant of Easement and this Disclosure Statement
is for your records.
Distribution Easement Rev. (11/15)
Area 7 - Sonoma
Land Service Office: Santa Rosa
Operating Department: Electric Distribution
USGS location (MDM, T05N, R07W, SEC. 34, N 1/2 of the SW 1/4)
FERC License Number(s): N/A
PG &E Drawing Number(s): N/A
PLAT NO.: NN -3008
LD of any affected documents: N/A
LD of any Cross- referenced documents: N/A
TYPE OF INTEREST: 04, 06, 43
SBE Parcel Number: N/A
(For Quitclaims, % being quitclaimed): N/A
Order 4 or PM #: 31276114 (0070)
JCN: N/A
County: Sonoma
Utility Notice Numbers: N/A
851 Approval Application No. N/A Decision N/A
Prepared By: MOSY
Checked By: CSSB
Approved By: N/A
Revised By: N/A
\Land \R W 2016 \Sonoma \31276114e 31278063g 31279243 r20, Hopper St, Pet \Office\31276114b.docx
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