Loading...
HomeMy WebLinkAboutOrdinance 2624 N.C.S. 09/18/20171 2 3 4 5 6 7 8 9 10 11 12 13 14 15 M 17 18 19 EFFECTIVE DATE OF ORDINANCE October 17, 2017 Introduced by Teresa Barrett ORDINANCE NO, 2624 N.C.S. Seconded by Kathy Miller 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, 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS 21 FOLLOWS: 22 23 1 24 25 2. 26 27 28 29 30 31 32 33 34 35 36 37 That said grant of easements are hereby approved and shall be carried out; and, 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. INTRODUCED, and ordered posted /published, this l l +h day of September, 2017. ADOPTED this 18th day of September, 2017, by the following vote: Ayes: Albertson, Vice Mayor Barrett, Mayor Glass, Healy, Kearney, King, Miller Noes: None Abstain: None Absent: None Ordinance No. 2624 N.C.S. Page 1 (1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 ATTEST: Claire Cooper, City Clerk David Glass, "Mavor APPROVED AS TO FORM; Eric Danly, City A Ordinance No. 2624 N.C.S. Page 2 Distribution Easement (Rev.11 /15) RECORDING REQUESTED BY AND RETURN TO: PACIFIC GAS AND ELECTRIC COMPANY 245 Market Street, NI 6A, room 1015 P.O. Box, 770000 San. Francisco, Catfornia 94177 Location: City /Uninc Recording Fee $ Document Transfer Taff $ [ ] 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 on Full Value Less Liens & Encumbrances Remaining at Tune of Sale Signature of declarant or agent determining tax SPACE ABOVE FOR RECORDER'S USE ONLY, Exhibit A 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, hie., to the City of Petaluma, a municipal 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 part hereof. Grantor further grants to Grantee the right, from time to time, to trim or to cut down any and all trees and blush now or hereafter within said easement area, and shall have the further right, from time to time, to trim and cut down trees and blush 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. Ordinance No. 2624 N.C.S. Page 3 Distribution Easement Rev. (11 /15) Grantor further 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 aciciiowledges 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 parties hereto. Dated: CITY OF PETALUMA, a municipal corporation S Print Name & Title 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 Ordinance No. 2624 N.C.S. Page 4 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, (NOTARY PUBLIC), Here insert ow aru G e of die officer 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. (Seal) Signature ofNotayPublie CAPACITY CLAIMED BY SIGNER [ ] Individuals) 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 Partnership(s) [ ] Attomey(s) -in -Fact of the above named Principal(s) [ ] Other Ordinance No. 2624 N.C.S. Page 5 EXHIBIT "A" LEGAL DESCRIPTION PG &EEASEMENT 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. 0"— / K1 44'L DEAN J. BAR RIO, .S. 8659 c�OFP11 La\�v © DEAN J. )0;4 DATE 0. BARBERIO C *\ L -8659 /+ 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&E—COP - PIPS.Hoc Ordinance No. 2624 N.C.S. Page 6 EXHIBIT "E" EASEMENT MDM, T5N, R7W, SEC. 34, N 1/2 OF THE SW 1/4 SEE EXHIBIT "A" FOR LEGAL DESCRIPTION m � J 744 Maps 114 � � e>>. 7411 Maps 44 Lot t Lot'I R� u. OF o �R/4 60 McNEAR COi1PANY PUBLIC R101 -IT OF WAY DEDICATION TO TH-E 30' STRIP RESCI?V11 T10N C17 y O- p ETAL f ,1,t /A IN 444 OR 9 --\ DN 2008-0-72049-\ Hopper v 017Y OF PETALV WA 444 0/f' 9 APN 007 - 171 -008 2t�2•`' S tre e t POB PETAL uMA RNERFRON7,' LLC j DN 2001- 118292 PG &E EASEMENT APN 007 - 171 -016 C17-Y OF PETAL L1b1A 2257 OR 112 S.M.A. Pi. 7.. DN 200-1 - 0286:29 PETAL Z41A R/VCRFRONT, LL C ON 2001 - 118292 �o 0 N of 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 Ordinance No. 2624 N.C.S. Page 7 LEGEND COURSE DATA POC POINT OF COMMENCEMENT LINE BEARING "W LENGTH -AAJZ POB POINT OF BEGINNING L 1 N77'21'20 "W 38.00' DN DOCUMENT NUMBER L2 SO4'40'23 26.00' �L FOUND RAILROAD SPIKE, L3 S77'21'20 "E 23.00' DEAN J, PUNCHED & STAMPED "PLS ", L4 S12'38'40"W , 43.00 B FHB 10 p 7950 PER R1 L5 S77'21'20 "E 11.40' n ® FOUND 3/4" IRON PIPE, NO L6 N1 2'38'40 "E 68.75' TAG, PER R1 r p c*ti R1 744 MAPS 44 -46 A SCR SONOMA COUNTY RECORD t PCI PARCEL of 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 Ordinance No. 2624 N.C.S. Page 7 Distribution Easement Rev. (111151 Pacific Gas and Electric Company 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 easement. 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 Cormnission 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. Ordinance No. 2624 N.C.S. Page 8 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 # 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 Ordinance No. 2624 N.C.S. Page 9