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Home My WebLink About07-05-2017 Item 11 - Los Osos Valley Road US 101 Interchange Improvement Project Meeting Date: 7/5/2017 FROM: Daryl R. Grigsby, Public Works Director Prepared By: Dan Van Beveren, Senior Civil Engineer SUBJECT: LOS OSOS VALLEY ROAD/US 101 INTERCHANGE IMPROVEMENT PROJECT, SPECIFICATION NO. 99821 – PG&E EASEMENT RECOMMENDATION Adopt a resolution authorizing the Mayor to execute an Easement Deed with Pacific Gas and Electric (PG&E) to complete the PG&E utility relocation in support of the Los Osos Valley Road/US 101 Interchange Improvement Project. DISCUSSION As part of the overall construction of the Los Osos Valley Road and U.S. 101 Interchange Improvement Project (LOVR, Specification No. 99821) it was necessary to relocate several utilities. These relocations are typical for large capital improvement projects and require cooperation between local agencies and utility companies. This project required adjustments to natural gas, water, and electrical utilities; and the results were successful throughout the construction phase of the project. One relocation involved an existing overhead PG&E power line which had previously crossed U.S. 101 north of Los Osos Valley Road, and was removed and rerouted through the existing LOVR overcrossing. To connect the new section within the bridge to the existing point of service, approximately 150’ of line was installed underground, crossing the Bob Jones Trail, and adjacent to westbound Los Osos Valley Road. As anticipated, PG&E is requesting that an Easement Deed be granted for the new location of the underground line. The new location extends from the eastern edge of the overpass abutment slope to the Bob Jones Trail bridge crossing Prefumo Creek. The Easement Deed will grant formal authorization for PG&E to own and operate the electrical lines within the City property through an easement. The location of the proposed easement is shown on the attached Vicinity Map (Attachment A) and Site Map (Attachment B). Resolution No. 5370 (1984 Series) authorizes the Mayor or Vice-Mayor to accept easement dedications on behalf of the City, but there is no corresponding blanket resolution that authorizes the Mayor or Vice-Mayor to dedicate easements from the City to others. The attached draft resolution (Attachment C) authorizes the Mayor to grant an easement to PG&E for their underground utility relocation. ENVIRONMENTAL REVIEW Utility relocations were included in the scope of work described in the approved environmental documents (Mitigated Negative Declaration) for the overall LOVR Project as a necessary part of the construction phase. Packet Pg 185 11 FISCAL IMPACT There is no fiscal impact to the City for the dedication of an easement. The cost of the physical utility relocation was borne entirely by PG&E per Section 680 of the Streets and Highways Code. ALTERNATIVES Deny approval of the PG&E Utility Relocation Easement. Council may choose to deny approval of the Real Property Permanent Easement with PG&E; however, another relocation alignment will need to be explored, approved, and reconstructed. Attachments: a - Vicinity Map b - Easement Location c - Easement Resolution d - Easement Deed (Exhibit A to Resolution) Packet Pg 186 11 VICINITY MAP REAL PROPERTY PERMANENT EASEMENT WITH PG&E LOS OSOS VALLEY ROAD / US 101 INTERCHANGE IMPROVEMENTS PROJECT, SPEC. NO 99821 EASEMENT LOCATION SAN LUIS OBISPO Packet Pg 187 11 Packet Pg 188 11 R _____ RESOLUTION NO. (2017 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”) constructed a new overpass at the Los Osos Valley Interchange (“LOVR Project”); WHEREAS, as part of the LOVR Project, the alignment of existing utility lines changed to accommodate the new design; the City and State of California required the relocation of an existing overhead Pacific Gas and Electric (PG&E) utility line crossing U.S. 101 north of the existing Los Osos Valley Road overcrossing; WHEREAS, to complete the relocation, PG&E needs to install an underground section of the new underground utility on City property between westbound Los Osos Valley Road and the Bob Jones Trail bridge. 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 _______________________, seconded by ________________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this ______ day of _______________ 2017. ________________________________ Mayor Heidi Harmon ATTEST: ______________________________ Carrie Gallagher City Clerk Packet Pg 189 11 Resolution No. (2017 Series) Page 2 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, this ______ day of ______________, _________. ____________________________________ Carrie Gallagher City Clerk Packet Pg 190 11 Distribution Easement (Rev. 05/15) RECORDING REQUESTED BY AND RETURN TO: PACIFIC GAS AND ELECTRIC COMPANY Land Services Office 4325 South Higuera 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 Full Value of Property Conveyed, or [ ] 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# 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 Obispo , County of San Luis Obispo , State of California, described as follows: APN 053-141-014 Those portions of Lot O and Lot 6 of Harford & Chapman’s Subdivision as said lot and block are shown upon the map filed for record September 28, 1876 in Book B of Maps at page 30, San Luis Obispo County Records described in the Relinquishment of Highway Right of Way dated August 20, 2014 and recorded as Document Number 2014- 035804, San Luis Obispo County Records. Said facilities and easement area are described as follows: Such underground conduits, pipes, manholes, service boxes, wires, cables, and electrical conductors; aboveground marker posts, risers, and service pedestals; underground and aboveground switches, fuses, terminals, and transformers with associated concrete pads; and fixtures and appurtenances necessary to any and all thereof, as Grantee deems necessary for the distribution of electric energy and communication purposes located within the strip of land of the uniform width of 10 feet, lying 5 feet on 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. Grantor hereby confirms in Grantee all necessary rights for Grantee's existing poles, wires and other appurtenances located on said lands. Packet Pg 191 11 Distribution Easement (Rev. 05/15) Grantor further 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 further grants to Grantee the right to assign to another public utility as defined in Section 216 of the California Public Utilities Code the right to install, inspect, maintain, replace, remove and use 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. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. Dated ______________________, 20____. 06/01/17 CITY OF SAN LUIS OBISPO, a chartered Los Padres Division; Area 4 California municipal corporation San Luis Obispo Land Services Office Electric Distribution MDM, T31S, R12E Sec. 10, SW¼ of NW¼ FERC: N/A PG&E Dwg. #: S-3112158 ______________________________________________ Plat #: AY138-H07 By: Affected LD: N/A Print Name: ____________________________ Cross Ref LD: N/A Interest: 03, 04, 06, 43 Title: ____________________________ SBE: N/A PM: 31055285 JCN: N/A County: San Luis Obispo Utility Notice #: N/A ______________________________________________ 851 Approval Application # __________ By: 851 Approval Decision # _____________ Print Name: ____________________________ Prepared: trp; Checked:cjm L# 51891a.doc Packet Pg 192 11 Distribution Easement (Rev. 05/15) State of California County of ) On __________________________, before me, , Notary Public, Here insert name and title 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/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 the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Packet Pg 193 11 Distribution Easement (Rev. 05/15) 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. 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. Packet Pg 194 11 07/29/15 trp Los Padres cjm 10 along boundaries or lines all courses extend to or Unless otherwise shown MDM 12E31S City-SLOSan Luis Obispo EXHIBIT "B" 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 New Pole Legend 1"= 100’ Easement DelineationB Ma p s 3 0Ha r f o r d & Ch a p ma n ’s Su b d i visi o nPt n s Lot O a n d Lot 6 U.S. Highway 10105-SLO-10135 PM 98 SL 82-88 Ptn Parcel A 17 PM 57 SLO 74-115 Parcel C Los Osos Valley Rd Existing OH Line Plat No. AY138-H07 Section 10, SW… of NW… San Luis Obispo 51891a.dgn 31055285 S-3112158 APN: 053-141-014 Doc# 2014-035804 City of San Luis Obispo Tie-in Box for Bob J ones Tr ail cL 10’ UG Strip Approximate location Packet Pg 195 11 Page intentionally left blank. Packet Pg 196 11