HomeMy WebLinkAbout05/02/1989, C-7 - EASEMENT PERMITTING PACIFIC BELL TO INSTALL TELEPHONE EQUIPMENT WITHIN THE MARSH STREET PARKING STR MEEnNG DAM
UuNMI l city O f San LUIS OBISPO May 2 . 1989
COUNCIL AGENDA REPORT .
FROM:
David F. RomeroWayne A. Peterson
Public Works Director City Engineer
Subject
Easement Permitting Pacific Bell to Install Telephone Equipment within the Marsh Street Parking
Structure
Staff Recommendation:
Adopt Resolution Authorizing the Mayor to Sign Easement
Background:
During the early review of the Marsh Street Parking Structure, staff was requested to work with
Pacific Telephone to remove overhead wires along the Chorro Street frontage of the building. The
project as designed provides conduit to carry the Pacific Telephone wires under the sidewalk.
Pacific Telephone will reroute their existing overhead wires into these conduits during the
construction of the project allowing the removal of the existing poles and wires. In order to allow
the proper servicing of their wires, Pacific Telephone required the installation of a cabinet near
mid-block on Chorro Street. The sidewalk is narrow and a large metal switch box is detrimental to
the appearance of the parking structure.
A small room is to be provided in the structure to contain their equipment. The attached easement
is designed to formalize the understanding of how the utility will use this room and what would
happen if either they vacate the premises or the City demolishes or removes the building.
Impacts:
The significant fiscal impact of this easement is that a 10 X 12 portion of the building is lost as
a potential revenue source.
Alternative:
The City could require that Pacific Bell install the switching box in the public right-of-way on
Chorro Street. This type of installation has been opposed by the City in the downtown area for some
time now, because it significantly narrows the sidewalk area, and because it looks bad. It is
staff's wish and the desire of all the reviewing bodies that sidewalks be safe and convenient and
that the parking structure be as attractive as possible.
Staff Recommendation:
Staff recommends that the Council adopt the attached resolution authorizing the Mayor to sign the grant
of easement and authorize its recording.
Attachment:
Grant.Deed of Easement
Resolution
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Easement Permitting Pacific Bell to Install Equipment
Page Two
APPROVED:
City A ministrative Officer
City Attorney
Public Works Director
B8/pacbell_
I
r^ RESOLUTION NO. (1989 Series)
`-' A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO APPROVING
AN EASEMENT FOR PACIFIC BELL WITHIN THE
MARSH STREET PARKING STRUCTURE
WHEREAS, the City of San Luis Obispo is in the process of
constructing the Marsh Street Parking Structure; and
WHEREAS, the Council finds that it is in the best interest of
the City to allow Pacific Bell to place their equipment in the
structure; and
WHEREAS, the attached easement defines the terms and conditions
of the use of the building by Pacific Bell;
NOW, THEREFORE, BE IT RESOLVED that the Council authorizes the
Mayor to sign a Deed of Easement to Pacific Bell for the easement
and directs the City Clerk to record the easement with the County
Recorder.
On motion of , seconded by
and on the following roll call vote:
J
AYES:
NOES:
ABSENT:
the following resolution was passed this day of 1989.
MAYOR RON DUNIN
ATTEST:
CITY CLERK PAMELA VOGES
B8/resolution
Resolution No.
APPROVED:
City A ministrative Officer
City Attorne
Public Works Director
i Recording Requested by:
and when recorded mail to:
Pack Bell
1320 E. Shaw Avenue
Suite 120B
Fresno, CA 93762
and
City Engineer
City of San Luis Obispo
955 Morro Street
San Luis Obispo, CA 93401
DEED OF EASEMENT
APN 3-527-05
�! The undersigned Grantor(s) hereby grant(s) to Pacific Bell, A Corporation, Grantee its successors
and assigns, an easement to construct and maintain (place, operate, inspect, repair, replace and remove)
such underground communication facilities as Grantee may from time to time require (including ingress
thereto and egress therefrom) consisting of wires, cables, conduits, manholes, handholes and aboveground
markers, pedestals, terminal equipment cabinets, other associated electrical conductors and necessary
fixtures and appurtenances in, under and upon that certain real property in the City of San Luis Obispo,
County of San Luis Obispo, State of California, described as:
That portion of Lot 15 in Block 100 of the Mission Vineyard Tract according to the map recorded in
Book A at page 143 of Maps of said County, described as follows:
Beginning at the most Westerly corner of said Lot 15; thence, South 36 53' East, along the
Southwesterly line of said Lot 15, a distance of 3 feet to the true point of beginning; thence,
North 53 07' East, a distance of 22 feet; thence, South 36 .53' East, a distance of 10 feet;
thence, South 53 07' West, a distance of 22 feet to a point on the Southwesterly line of said Lot
15; thence, North 36 53' West, along said Southwesterly line, a distance of 10 feet more or less to
the true point of beginning.
All above ground facilities shall be located within the Northeasterly 12 feet of said easement. The
Southwesterly 10 feet of said easement shall be limited to underground facilities.
In,the event Grantee shall abandon the use of said facilities (non-use thereof for any consecutive
period of one (1) year shall be evidence of such abandonment), the rights and right of way herein
granted shall automatically terminate and Grantee will thereupon, if requested by Grantor, execute,
C' acknowledge and deliver to Grantor a good and sufficient deed quitclaiming said right of way.
Should the building or structure housing said telephone facilities be demolished or removed, Grantee,
within a reasonable period of time after receipt of Grantor's written notice to do so, shall relocate,
at Grantee's cost and expense, its facilities within the above described easement to some other location
on Grantor's real property as designated by Grantor and acceptable to Grantee; provided that Grantor
shall grant to Grantee a new easement for such new location without cost to Grantee. Grantee shall
thereupon quitclaim its interest in the former location.
"Notwithstanding anything to the contrary stated herein, Grantee shall not be required to make, at
Grantee's cost and expense, more than one rearrangement, relocation or adjustment of any of its
facilities placed hereunder."
Grantee shall be responsible for damage caused intentionally or by any negligent act or omission of
Grantee, its agents or employees while exercising the rights granted herein..
Dated City of San Luis Obispo, a Public Body
of the State of California
By:
(Attach Notary Certificate Here)
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