HomeMy WebLinkAboutItem 08 - Utility Easement for 136 North Chorro Department Name: Community Development
Cost Center: 4003
For Agenda of: February 2, 2021
Placement: Consent
Estimated Time: N/A
FROM: Michael Codron, Director of Community Development
Prepared By: Dan Van Beveren, Senior Civil Engineer
SUBJECT: UTILITY EASEMENT FOR 136 NORTH CHORRO
RECOMMENDATION
Adopt a Resolution (Attachment A) approving and authorizing the Mayor to execute an
Easement Deed (Attachment B) with Pacific Gas and Electric (PG&E) to allow for utility
relocation within the City-owned property at 136 North Chorro Street.
DISCUSSION
Background
A mixed use project, located at 790 Foothill Blvd (Attachment C), is currently under
construction. The project consists of a new building with 6,800 square feet of commercial/retail
space, and 78 residential units.
The approved set of Public Improvement Plans for the mixed-use project includes the
construction of new sidewalks, sewer facilities, a new traffic signal, and the undergrounding of
existing overhead utility lines along the project frontage as well as a segment that crosses North
Chorro Street and connects to an existing utility pole located on private property on the east side
of the street (Attachment D).
In order to connect to the existing utility pole on the east side of the street, a segment of utility
lines will need be undergrounded within a City-owned property at 136 North Chorro. This
property is the location of City Fire Station #2. The undergrounding within the property will
require a utility easement to be recorded. The developer of the 790 Foothill mixed-use project
has obtained a draft Easement Deed from PG&E, which includes a legal description and exhibit
for the utility easement. Once this Easement Deed is executed and recorded, the underground
utility lines can be installed, and the overhead lines can be removed.
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Previous Council or Advisory Body Action
• On January 16, 2019, the City Council denied an appeal and upheld the Planning
Commission’s approval of the mixed-use project located at 790 Foothill Blvd. One of the
conditions of approval of the project requires the emergency communications antenna
currently located on the Fire Station #2 site to be relocated. This project is currently
under way, and the antenna will be co-located with other emergency communications
facilities to be located on the Cal Poly campus, which results in enhanced service to the
community.
• On July 25, 2018, the Planning Commission approved the use permit for a mixed-use
project in the Foothill Boulevard/Santa Rosa Special Planning Area, expanded
commercial/retail hours of operation, and approved the use of mechanical parking lifts.
• On July 16, 2018, the Architectural Review Commission (ARC) approved architectural
plans for the mixed-use project that had been revised based on the ARC’s directional
items.
• On May 7, 2018 the ARC reviewed the architectural aspects of the project, continued the
project, and provided the applicant with eleven (11) directional items to incorporate
within the revised project.
CONCURRENCE
The City’s Fire Department, Public Works Department, and Community Development
Department all concur on the recommended action.
ENVIRONMENTAL REVIEW
The mixed-use project was determined to be categorically exempt from the California
Environmental Quality Act (CEQA) as an in-fill development project. For the specific action of
executing an easement deed, environmental review is not required.
FISCAL IMPACT
Budgeted: N/A Budget Year: N/A
Funding Identified: N/A
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Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A N/A N/A
State N/A N/A N/A
Federal N/A N/A N/A
Fees N/A N/A N/A
Other: N/A N/A N/A
Total N/A
Other than a minor and likely insignificant impact to the value of the property containing the new
easement, there is no fiscal impact associated with the recording of an easement.
ALTERNATIVES
Council could elect to not approve the easement deed. This option would result in the existing
overhead utility lines to remain in place along the project frontage. This alt ernative is not
recommended and is not consistent with the City’s long-term efforts of undergrounding overhead
utility lines.
Attachments:
a - Draft Resolution
b - Easement Deed (Exhibit to Draft Resolution)
c - Vicinity Map
d - Site Map
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R ______
RESOLUTION NO. _______ (2021 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE AN EASEMENT DEED WITH PACIFIC GAS
AND ELECTRIC TO ALLOW FOR UTILITY RELOCATION WITHIN
THE CITY-OWNED PROPERTY AT 136 NORTH CHORRO STREET
WHEREAS, a private mixed-use development project at 790 Foothill Blvd (the “Project”)
is currently under construction, and includes the undergrounding of existing overhead utility wires;
WHEREAS, a portion of the undergrounding required as a condition of approval for the
Project is located within a City-owned property located at 136 North Chorro Street;
WHEREAS, the City-owned property located at 136 North Chorro Street does not contain
an easement allowing for this undergrounding work, and thus a utility easement agreement is
necessary to complete the undergrounding of existing overhead utility wires on this City-owned
property;
WHEREAS, Pacific Gas and Electric (PG&E) has provided a draft easement agreement
(Exhibit A) that permits the undergrounding of existing overhead utility wires at 136 North Chorro
Street,;
WHEREAS, City staff has reviewed the draft easement agreement and finds it to be acceptable in
form for the purpose of dedicating the required easement.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The above recitals are true and correct and incorporated herein by this
reference.
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Resolution No. _____ (2021 Series) Page 2
R ________
SECTION 2. The City Council hereby approves and authorizes the Mayor to execute the
Easement Deed with Pacific Gas & Electric attached hereto as Exhibit “A”.
Upon motion of _______________________, seconded by ________________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2021.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on ____________________________.
____________________________________
Teresa Purrington
City Clerk
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Utility Distribution Easement (02/2020)
RECORDING REQUESTED BY AND RETURN TO:
PACIFIC GAS AND ELECTRIC COMPANY
245 Market Street, N10A, Room 1015
P.O. Box 770000
San Francisco, California 94177
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
[ ] Computed on Full Value Less Lien s
& Encumbrances Remaining at Time of Sale
[ ] Exempt from the fee per GC 27388.1 (a) (2); This
document is subject to Documentary Transfer Tax
Signature of declarant or agent determining tax
(SPACE ABOVE FOR RECORDER'S USE ONLY)
LD# 2230-12- EASEMENT DEED
CITY OF SAN LUIS OBISPO, a public body of the State of California,
hereinafter called Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a
California corporation, hereinafter called Grantee, the right from time to time to excavate for,
construct, reconstruct, replace (of initial or any other size), remove, maintain, inspect, and use
facilities and associated equipment for public utility purposes, including, but not limited to electric,
gas, and communication facilities, together with a right of way therefor, on, over, and under the
easement area as hereinafter set forth, and also ingress thereto and egress therefrom, over and across
the lands of Grantor situated in the City of San Luis Obispo, County of San Luis Obispo, State of
California, described as follows:
(APN 052-332-021)
Lot 21 in Block B of Tract No. 66 as said lot and block are shown upon the map filed for record
February 29, 1952 in Book 5 of Maps at page 81, San Luis Obispo County Records.
The easement area is described as follows:
A strip of land of the uniform width of 5 feet lying contiguous to and northerly of the southerly
boundary line of said lands and extending from the northeasterly boundary line of the city street
known as North Chorro Street (60 feet wide) easterly 78.0 feet (measured along said southerly
boundary line).
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Utility Distribution Easement (02/2020)
Grantor further grants to Grantee the right, from time to time, to trim or to cut down, without Grantee
paying compensation, 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 also grants to Grantee the right to use such portion of said lands contiguous to said easement
area as may be reasonably necessary in connection with the excavation, construction, reconstruction,
replacement, removal, maintenance and inspection of said facilities.
Grantor hereby covenants and agrees not to place or construct, nor allow a third party to place or
construct, any building or other structure, or store flammable substances, or drill or operate any well,
or construct any reservoir or other obstruction within said easement area, or diminish or substantially
add to the ground level within said easement area, or construct any fences that will interfere with the
maintenance and operation of said facilities.
Grantor further grants to Grantee the right to apportion to another public utility (as defined in Section
216 of the California Public Utilities Code) the right to excavate for, construct, reconstruct, replace,
remove, maintain, inspect, and use the 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
“A”, attached hereto and made a part hereof.
The legal description herein, or the map attached hereto, defining the location of this utility
distribution easement, was prepared by Grantee pursuant to Section 8730 (c) of the Business and
Professions Code.
This document may be executed in multiple counterparts, each of which shall be deemed an original,
but all of which, together, shall constitute one and the same instrument.
The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective
parties hereto, and all covenants shall apply to and run with the land.
Dated : __________________, _______.
_________________________________
By:
I hereby certify that a resolution was adopted on the _______ day of ______________ , 20___ by the
_____________________________________ authorizing the foregoing grant of easement.
By__________________________________ Title________________________________
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Utility Distribution Easement (02/2020)
State of California
County of )
On __________________________, before me, Notary Public,
Insert name
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 of Notary Public
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 Partnership(s)
[ ] Attorney(s)-in-Fact of the above named Principal(s)
[ ] Other
A notary public or other officer completing this certificate verifies only the identity of th e individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
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Utility Distribution Easement (02/2020)
Pacific Gas and Electric Company
EXHIBIT “A”
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 and may be used to install additional utility facilities. 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 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.
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Los Padres
22
along boundaries or lines
all courses extend to or
Unless otherwise shown
MDM
12E30S
San Luis Obispo
City, Rancho, Subdivision, Etc.
SECTION TOWNSHIP RANGE
REFERENCES:
MERIDIAN
DATESCALE
APPLICANT:
DRAWING NO.AUTHORIZDIVISIONPG&E
COUNTY:
F.B.: DR.BY: CH.BY:
Existing Pole
Property Line
Legend
Easement Delineation
l3b0 trpc
Foothill Blvd.
North
Ch
orr
o St.
60'
4
21
20
Doc# 2014-041041
a CA limited liability Company
NKT University Square, LLC
APN: 052-332-028APN: 052-332-029
Utility Strip
5' x 5'
T30S, R12E, MDM
Ptn SE¼ of SE¼, Sec 22
Plat No. AY138-D04Section 22, SE¼ of SE¼
San Luis Obispo
31485044-Sdwg.dgn
CAP IX
31485044
1"= 50'11/24/2020
LD 2230-12-0312
Existing OH line
S-3012206
Utility Strip
5' x 78'
Vol 702 OR Pg 593
City of San Luis Obispo
APN: 052-332-021
POC
TPOB
S89°47'00"E 73.0'
See Detail
5.0'5.0'78.0'5.0'S89°47'00"E
TPOB
Detail: 1" = 10'
73.0'
5 Maps 81
Tract No. 66
Lot 5, Block B
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Utility Distribution Easement (02/2020)
Area, Region or Location: 4
Land Service Office: San Luis Obispo
Line of Business: Electric Distribution (43)
Business Doc Type: Easements
MTRSQ: 22.30.12.22.22,
FERC License Number: N/A
PG&E Drawing Number: S-3012206
Plat No.: AY138-D04
LD of Affected Documents: N/A
LD of Cross Referenced Documents: 2230-12-0312
Type of interest: Utility Easement (86)
SBE Parcel: N/A
% Being Quitclaimed: N/A
Order or PM: 31485044
JCN: N/A
County: San Luis Obispo
Utility Notice Number: N/A
851 Approval Application No: N/A ;Decision: N/A
Prepared By: l3b0
Checked By: trpc
Approved By:
Revised by:
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