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Home My WebLink AboutOrdinance 2317 N.C.S. 12/15/20081 2 3 4 5 6 7 8 9 10 EFFECTIVE DATE ORDINANCE NO. 2317 N.C.S. OF ORDINANCE January 15, 2009 Introduced by Seconded by Mike O'Brien Teresa Barrett 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 Street 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 Creek. 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. Ordinance No. 2317 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 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 b. 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 15fh day of December 2008 by the following vote: Ayes: Noes: Abstain: Absent: ATTEST: Barrett, Freitas, Harris, Nau, O'Brien, Vice Mayor Rabbitt, Mayor Torliatt None None None Claire Cooper, City Clerk APPROVED AS TO FORM: 0 J Eric W. Danly, Cit torney Ordinance No. 2317 N.C.S. Page 2 Distribution Easement (Rev. 06/08) RECORDING REQUESTED BY AND RETURN TO: PACIFIC GAS AND ELECTRIC COMPANY Santa Rosa Land Senices Office 111 Stony Circle Santa Rosa, CA 95401-9599 Location: City/Uninc Recording Fee $ Document Transfer Tax $ [ ] 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 [ 1 Computed on 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 parry'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.G.&E. CO. 0 COPY Ordinance No. 2317 N.C.S. Page 3 Distribution Easement Rcv. (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 first 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 By ME Area 7 Santa Rosa Land Service Office Distribution T5N, 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; a/o 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: W RL2 i1011- Revision Number: File: S:\r\w flocs\sonW\40906101.doc Ordinance No. 2317 N.C.S. Page 4 Distribution Easement Rev. (06/09) State of California County of On before me, Here insert a&m and rifle of the 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/herAheir 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 die instrument. 1 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) Sipaturc of Notary Public CAPACITY CLAIMED BY SIGNER [) Individual(s) signing for oneself/themselves [ J Corporate Officer(s) of the above named corporation(s) [ ] Trustee(s) of die above named Trust(s) (] Partner(s) of the above named Partnership(s) [ J Attomey(s)-in-Fact of the above named Principal(s) [ J Other Ordinance No. 2317 N.C.S. Page 5 62-338 Rev. 5/B5 Riaht of Way Mop LINE TABLE L1 N 3537'37u E 14.0 BASIS OF BEARINGS L2 S 83'34'07 E 3.1 N 54'1612 W 90.00 L3 N 3716'07" E 8.1' F /- � , - - - _ � (PER. 254 RS 5) L2 Ln 4y P0B gyp) 9C,k � �� SSFS CD DETAIL N.T.S. 06 O0/r- �5 C, o*FP e�� ss0 66 3 c^ V F� I/ CFO sfz�cF �. 'PS /y \\ \\ S OO 00 P �a� N, ��' 5r7 STRIP CONFIGURATION LEGEND \ / / 5' 1 D' 5' NEW GAS UNE o =MONUMENT AS NOTED C(TY,RANCH0,SU6DIVISi0N,ETC. SCALE DATE GAS SERVICE TO WEINER—LAKEVILLE ST, PETALUMA 1" = 80, 10-6-08 SECTION 33 TOWNSHIP 5N RANGE 7W I MERIDIAN MDB&M NW 1 4 DR.BY: CSSB CH.BY: DAK8 CHG DATE DESCRIPTION AUTH 8Y CH ZE7KNCES PG&E S00 OMA 409 06101 2405-07-0722 DRAWING NO1 C G_ Ordinance No. 2317 N.C.S. Page 6