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HomeMy WebLinkAboutR-10821 - REAL PROPERTY EASEMENT AGREEMENT WITH PACIFIC GAS & ELECTRIC FOR UTILITY LINESRESOLUTION NO. 10821 (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 Council Member Christianson, seconded by Council Member Gomez, and on the following roll call vote: AYES: Council Members Christianson, Gomez and Pease, Vice Mayor Rivoire and Mayor Harmon NOES: None ABSENT: None The foregoing resolution was adopted this 5th day of July 2017. ATTEST: Carrie Gallagher City Clerk R 10821 Resolution No. 10821 (2017 Series) Page 2 APPROVED AS TO FORM: . Christine Dietri City Attorney IN WITNESS WHEREOF, I have hereunto set my >nd and affixed the official seal of the City of San Luis Obispo, California, this P4h day of Carrie Gallagher City Clerk R 10821 Resolution No. 10821 (2017 Series) EXHIBIT A 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 LD# 2231 -12 - Page 3 (SPACE ABOVE FOR RECORDER'S USE ONLY) CITY OF SAN LUIS OBISPO, a chartered California municipal corporation, EASEMENT DEED 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 0 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. Resolution No. 10821 (2017 Series) EXHIBIT A Page 4 Grantor further grants to Grantee the right, from time to time, to trim 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 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 Los Padres Division; Area 4 San Luis Obispo Land Services Electric Distribution MDM, T31S, R12E Sec. 10, SWC of NWS FERC: N/A PG&E Dwg. #: S-3112158 Plat #: AY138-H07 Affected LD: N/A Cross Ref LD: N/A Interest: 03, 04, 06, 43 SBE: N/A PM: 31055285 JCN: N/A County: San Luis Obispo Utility Notice #: N/A 851 Approval Application # 851 Approval Decision # Prepared: trp; Checked:cjm L# 51891a.doc Office CITY OF SAN LUIS OBISPO, a chartered California municipal corporation By: Print Name: Heidi Harmon Title: _Mayor Pursuant to City Council Resolution No. 10821 (2017 Series) APPROVED AS TO FORM: By: Print Name: J. Christine Dietrick, City Attorney Resolution No. 10821 (2017 Series) EXHIBIT A Page 5 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 personally appeared before me, , Notary Public, Here insert name and title of the officer 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 Resolution No. 10821 (2017 Series) EXHIBIT A Page 6 Pacific Gas and Electric Company 1 "t, 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. ■ mal -erre 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. 10821 G-1017 Series EXHIBIT A Plat No. AY138-H07 City of San Luis Obispo Doc# 2014-035804 APN : 053-141-014 7roximate location cL 10' UG Strip Unless otherwise shown all courses extend to or along boundaries or lines Section 10, S W3 4 of NW' 4 City, Rancho, Subdivision, Etc. I Page 7 Ptn Parcel A SL 82-88 35 PM 98 "Y' ► Existing OH Line 1 f t r S a l 90 7� -471�o Box for wo N o Parce I C Tie-in a rn SLO 74-115 q 17 PM 57 Legend ik Existing Pole X New Pole - - - - Easement Delineation Property Line San Luis Obispo 1 1 "= 100' 1 07,/29/15 SECTION TOWNSHIP RANGE MERIDIAN COUNTY: San Luis Obispo APPLICANT: City—SLO 10 31S 12E MDM F.B.: DR. BY: trlD CH. BY: c'm REFERENCES: 51891 a.d n g PG&E Los Padres DIVISION 31055285 I AUTHORIZ S-311 2158 DRAWING NO. EXHIBIT "B"