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HomeMy WebLinkAboutR-10607 Approving Property Easement Agreement with PG&E for Utility LinesRESOLUTION NO. 10607 (2015 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING THE REAL PROPERTY EASEMENT AGREEMENT WITH PACIFIC GAS & ELECTRIC FOR UTILITY LINES WHEREAS, the City of San Luis Obispo ( "City ") is constructing a new overpass at the Los Osos Valley Interchange ( "LOVR Project "); and WHEREAS, as part of the LOVR Project, the City will construct a temporary southbound off -ramp onto the Calle Joaquin cul -de -sac; and WHEREAS, in order to construct such temporary off -ramp, the City needs relocate certain utility poles along Calle Joaquin to insure the safety of the traveling public. 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. 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 Vice Mayor Ashbaugh, and on the following roll call vote: AYES: Council Members Carpenter, Christianson and Rivoire, Vice Mayor Ashbaugh and Mayor Marx NOES: None ABSENT: None The foregoing resolution was adopted this 31St day of March, 2015. yo an Marx ATTEST: R 10607 Resolution No. 10607 (2015 Series) Page 2 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this 'l day, of Resolution No. 10607 (2015 Series) Page 3 Distribution Easement (Rev, 04113) RECORDING REQUESTED BV AND RETURN TO: PACIFIC GAS AND ELECTRIC COMPANY Land Services Of 4325 South 111guera Street San Luis Obispo, CA 93401 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 Pull Value of Property Conveyed, or [ ] Computed on Full Value Less Liens & Encumbrances Remaining at Time of Sale, Signature of declarant or agent detennining tax Exhibit A (SPACE ABOVE FOR RECORDLR'S 11SE ONLY) LD# 2231 -12- EASEMENT DEED CITY OF SAN LUIS OBISPO, a chartered California municipal corporation, hereinafter called Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called Grantee, 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 the easement area as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands of Grantor situate in the city of San Luis obi s o , County of San L,Uis Obispo , State of California, described as follows: APN 053 -152 -006, -007, -00£3 Parcel 5 of Parcel Map S..O 04 -0615 as said parcel, is shown upon the map filed for record November 8, 2006 in Book 67 of Parcel Maps at page 68, San Luis Obispo County Records. Said facilities and easement area are described as follows: Such poles, aerial wires, cables, electrical conductors with assoc.iate.d crossarms, braces, transformers, anchors, guy wires and cables, fixtures and appurtenances, as Grantee deems necessary for the distribution of electric enemy and communication purposes located within the strip of land of the uniform width of :1C) feet lying 5 feet on each side of the a]_i gnment of the faci:l.i ties as initially installed hereunder. The approximate .location of said facilities are shown upon Grantee',s map Exhibit- "R ", attached hereto and made a part hereof. (Strip 1) Such poles, aerial wires, cables, electrical conductors with associated cr.ossarrns, braces, transformers, anchors, guy wires and cables, fixtures and appurtenances, as Grantee deems necessary for the distribution of electric energy and communication purposes located within the strip of land of the uniform width of 5 feet lying 2.5 feet an each side of the alignment of the facilities as initially installed hereunder. The approximate location of said facilities are shown upon Grantee's map Exhibit "B ", attached hereto and made a part hereof, (Strip 2) Resolution No. 10607 (2015 Series) Page 4 Disiribmion Easement (Rev. 04/13) Exhibit A Grantor and Grantee acknowledge and agree that said easement granted herein is non- exclusive and in gross. Grantor fuliher grants to Grantee the right, from time to time, to trim or to cut down 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 shall not erect or construct any building or other structure or drill or operate any well within said easement area. Grantor acknowledges that they have read the "Grant of Fasement 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. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, Dated _ , 2016-_. 12/11/14 Los Padres Division; Area 4 San Luis Obispo Land Services Office Electric Distribution (MDM, T31S, R12E) (Sec. 3, S'-2 of SW' -A) FERC: N/A PG &E Dwg. #: S- 3112155 P1a- #: NN -33 -11 Affected LD: N/A Cross Ref LD: N/A Interest: 03, 06, 43 SBE: N/A PM: 31055284 JCN: N/A County: San Luis Obispo Utility Notice #: N/A 851 Approval Application it 851 Approval Decision # trp /cjm L# 51875.doc CITY OF SAN LUIS OBISPO, a chartered California municipal corporation By: V11 Howell Marx . t Name: J Title: City Mayor APPROVI; " TO F M: Print Name: J. Christine Dietrick Resolution No. 10607 (2015 Series) Page 5 Exhibit A CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 : �: en�r, �. ��•.. �r, �r. �a. �, �c, �ca�n�r. �r. �crx�. �xc., �n ,.c�.c�.ncu:�x-�..��.:��;e:c=.r A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On IS� before me, .AA VAI(j, , , c,",r.� J1- iL. Date lH,ere I sert >� and Title of thd Officer r personally appeared � Q � � t-' nc j Namalleof Signer,( who proved to me on the basis of satisfactory evidence to be the persor),(0 whose namgKdg4ake- subscribed to the within instrument and acknowledged to me that he9shelthey executed the same in hef%a4tnir authorized capacity(.iesj, and that by h to '�treir signature(syon the instrument the person, o, or the entity upon behalf of which the persort(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 h• 1d and official seal. ANTHONY JOSEPH MEJM Commisslon N 20', wwr Notary Public - California Signaturei,,� f, Los Angeles County M Comm, Ex ir" Jun 10, 2017 Signet ran of ublic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ee_r _. Document Date:] I u t Number of Pages: _ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _' :�x ►G�,a� L.I. Naar- c Signer's Name: Corporate Officer — Title(s): _ rl-n, syo ❑ Corporate Officer — Title(s): Partner — , I Limited n General I U Partner — ❑ Limited F.1 General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact L] Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: m __.. -1 Other: _ Signer Is Representing:. C ;� n Signer Is Representing: vti�( '�4>"GXsY3(,`t.{94:Cf{•:S�G�{?4 �' t: 4" i-' G` tt�.' �fi' 4%•` Ce�C;' 4�s^! L3<7 4' rC: �G' G+ G'S:4Y%C.'t�<.4w`ti4.{'�.ei,"t icy' tt�' c;G: c�Y:. C�XS[, L` C' �';.` S' eL+ K�1SiCX::, t." F,: fi. `ii4X•wr�+Cr`S%4}X'Cy'SdtX�i:Y 02014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 -876 -6827) Item #5907 DDResolution No. 10607 (2015 Series) Distri L99P4ement (Rev. 04/13) Pacific Gas and Electric Company 1 "81 EXHIBIT "A" GRANT OF EASEMENT DISCLOSURE STATEMENT Exhibit A 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. a 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. Installation of any proposed facilities outside of this easement area will require an additional easement. a 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. Resolution No. 10607 (2015 Series) M z Q CAft Well OZ`S _— Detail: 1" = 80' �,%�9ry1 Q « Tank 05 ti r 0 0 k �A, r r i i R'O�IJ. '9p 0 � JI Ptn Lot 5 City of San Luis Obispo, a charter CA Municipal Corp Doc# 2006 - 079697 Doc# 2013 - 006696 APN: 053 -152 -006, -007, -008 �a ti� Sign EXHIBIT "B" Approximate location Approximate location ti cL 5' OH Strip (Strip 2) cL 10' OH Strip (Strip 1) /__-7 0,11 See Detail \ r r r r �pt3 / IJ. J JI I r� zpf2 J IJ 1 J J f l�� , JJ 6jA0o� X68 J 0005) I Legend 4704 r Existing Pole Unless otherwise shown all courses extend to or J X New Pole along boundaries or lines 3 Easement Delineation c� �� {`Section 3, SY of SW,ra} JJ Property Line City, Rancho, Subdivision, Etc. SCALE DATE San Luis Obispo 1 "= 200 11/1 7 14 SECTION TOWNSHIP I RANGE MERIDIAN COUNTY: Son Luis Obispo APPLICANT: PGE LOVR)_ (3) (31s) 12E MDM F. B.: DR.BY: tro CH.BY: cim REFERENCES: 51875.dgn PG &E DIVISION s AUOTHORIZ DRAWING NO. EXHIBIT "B"