HomeMy WebLinkAboutOrdinance 2281 N.C.S. 08/06/20071
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EFFECTIVE DATE
OF ORDINANCE
September 6, 2007
ORDINANCE NO. 2281 N.C.S.
Introduced by Seconded by
Mike Harris Mike O'Brien
AUTHORIZING GRANTING OF A UTILITY EASEMENT TO PACIFIC GAS AND ELECTRIC
COMPANY (PG&E) AND A UTILITY EASEMENT TO COMCAST FOR THE PURPOSES OF
INSTALLING AND MAINTAINING "DRY" PUBLIC UTILITIES AND ANCILLARY INFRASTRUCTURE
WITHIN CITY OWNED LAND SHOWN AS PARCEL N OF THE SOUTHGATE SUBDIVISION -
PHASE III FINAL MAP, FILED IN BOOK 706, PAGES 41-44, SCAR.
WHEREAS, Delco Builders, PG&E and Comcast are requesting that the City of Petaluma
grant a utility easement in favor of PG&E and a utility easement in favor of Comcast over the
City owned "Parcel N" per the Southgate Phase III final subdivision map (book 706, logs 41-44,
N.C.S.); and,
WHEREAS, the purpose for the easement is to allow PG&E and Comcast to relocate,
install and maintain the necessary utilities to bypass and serve the approved Southgate
Subdivision Phase III project; and,
WHEREAS, the City Engineer has reviewed the easement grant deeds, legal descriptions
and plats and has found them to be acceptable.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Ordinance No. 2281 N.C.S.
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Section 1. Grant of Easements.
Said grants of easement are hereby approved and shall be carried out; and the
City Manager is hereby authorized and directed to sign the easement grant
deeds.
Section 2. CEQA.
The actions authorized by this ordinance are categorically exempt from the
California Environmental Quality Act ("CEQA") because they constitute the minor
alteration of existing facilities by the addition of additional utility facilities to
existing public utility easements and facilities under 14 California Code of
Regulations section 15301.
Section 3. Severability.
If any section, subsection, sentence, clause or phrase or word of this Ordinance is
for any reason held to be unconstitutional, unlawful or otherwise invalid by a court
of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council of the City of Petaluma hereby
declares that it would have passed and adopted this Ordinance and each and all
provisions thereof irrespective of the fact that any one or more of said provisions be
declared unconstitutional, unlawful or otherwise invalid.
Section 4. Effective Date.
This ordinance shall become effective thirty (30) days after the date of its adoption
by the City Council.
Section 5. Publication.
The City Clerk is hereby directed to post and/or publish this ordinance or a synopsis
of it for the period and in the manner required by the City Charter.
Ordinance No. 281 N.C.S. Page 2
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INTRODUCED and ordered posted/wed this 161" day of July, 2007.
ADOPTED this 6th day of August, 2007, by the following vote:
AYES: Barrett, Freitas, Harris, Vice Mayor Nau, O'Brien, Rabbitt, Mayor Torliatt
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Claire Cooper, CMC, City Cle
APPROVED AS TO FORM:
Eric W. Danly, City Attorney
Ordinance No. 2281 N.C.S.
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