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HomeMy WebLinkAboutR-11215 execute an Easement Deed with Pacific Gas and Electric for utility relocation at 136 North Chorro StreetR 11215 RESOLUTION NO. 11215 (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; and 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; and 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; and 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; and 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. Resolution No. 11215 (2021 Series) Page 2 R 11215 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 Council Member Christianson, seconded by Council Member Pease, and on the following roll call vote: AYES: Council Member Christianson, Marx, Pease, Vice Mayor Stewart, and Mayor Harmon NOES: None ABSENT: None The foregoing resolution was adopted this 2nd day of February 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 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). 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________________________________ 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. 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. 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 Chorro 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 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: