2014/07/08 City Council Resolution 2014-079RESOLUTION NO. 2014 -079
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING A GRANT OF EASEMENT DEED TO PACIFIC GAS
AND ELECTRIC COMPANY AFFECTING A PORTION OF APN 143 - 040 -128,
RELATING TO THE FIORI ESTATES DEVELOPMENT ON DOWDELL AVENUE
WHEREAS, Pacific Gas and Electric Company has requested the City to grant an easement for
the purpose of providing and maintaining public utilities as defined in Section 216 of the California
Public Utilities Code to service the Fiori Estates Development project; and
WHEREAS, the Fiori Estates Development project was found to be consistent with the City's
General Plan and obtained a Conditional Use Permit and Site Plan and Architectural Review approval
from the City of Rohnert Park Planning Commission on February 28, 2013, pursuant to PC Resolution
No. 2013 -07; and
WHEREAS, the Fiori Estates Development is within the Stadium Area Master Plan and is
covered under the Environmental Impact Report prepared for the Stadium Area Master Plan State
Clearinghouse No. 12005042111; and.
NOW, THEREFORE, the City Council of the City of Rohnert Park does hereby resolve,
determine, find and order as follows:
Section 1. Grant of Easement Deed. The City Manager is hereby authorized and directed to execute and
deliver the Easement Deed in substantially similar form as attached hereto as Exhibit A and incorporated
by this reference.
Section 2. Consistency with General Plan. Pursuant to Government Code Section 65402, the City
Council hereby finds the actions described in this Resolution are consistent with the City's General Plan.
Section 3. City Clerk Authorization. The City Clerk of the City of Rohnert Park is hereby authorized
and directed to cause a certified copy of this Resolution to be recorded with the Easement Deed in the
office of the Sonoma County Recorder, State of California.
DULY AND REGULARLY ADOPTED this 8th day of July, 2014.
CITY OF ROHNE T� ARK
Joseph Callinan, ayor
BELFORTE: � �� MACKENZIE: (i STAFFORD: =V-1' ANANOTU: h`C-`, CALLINAN: `; °,
AYES: ( ) NOES: ( Ci ) ABSENT: ( 0 ) ABSTAIN: ( 6 )
Distribution Easement
RECORDING REQUESTED BY AND RETURN TO:
PACIFIC GAS AND ELECTRIC COMPANY
Santa Rosa Land Management Office
111 Stony Circle
Santa Rosa, CA 95401
Location: CityJUninc ,
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# 2406 -08- EASEMENT DEED
PM# 30998407e
CITY OF ROfINERT PARK, a 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 Rohnert Park, County
of Sonoma, State of California, described as follows:
(APN 143 - 040 -128)
REMAINING LANDS as shown upon Parcel Map No. 180 filed for record December 11, 2009 in
Book 736 of Maps at page 30, Sonoma 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 parcels of land described in Exhibit "A" and shown upon
Exhibit "B" attached hereto and made a part hereof.
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.
ECCOF'Y
Distribution Easement
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).
The parties to this Easement Deed recognize that certain rights to property may create a possessory interest
as that term is defined by California Revenue and Tax Code Section 107. For all purposes of compliance
by City with Revenue and Taxation Code Section 107.6, Pacific Gas and Electric (PG &E) is hereby
notified that a taxing authority may assess PG &E property taxes based on PG &E's interest in this
Easement Deed. This notification shall be deemed by PG &E to constitute full compliance by the City with
that statutory obligation. PG &E is obligated to pay any property taxes levied on such interest and failure
to do so may be considered a material breach of this Easement Deed. All questions of initial determination
of possessory interest and valuation of such interest, if any, shall be the responsibility of the State Board of
Equalization and PG &E.
Grantor acknowledges that they have read the "Grant of Easement Disclosure Statement ", Exhibit "C ",
attached hereto and made a part hereof.
The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective
parties hereto.
Dated:
CITY OF ROHNERT PARK,
a Municipal corporation
In
Print Name & Title
By
Print Name & Title
I hereby certify that a resolution was adopted
on the day of _, 20 , by
the
authorizing the foregoing grant of easement.
By
Name & Title
Distribution Easement
State of California
County of
Oil before me, Notary Public,
Here insert narne 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 ]land 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
Exhibit A
LEGAL DESCRIPTION
Being an easement over a portion of the Remaining Lands as shown on Parcel Map
Number 180 recorded in Book 736 of Maps at Pages 30 through 32, Sonoma County
Records, said portion being more particularly described as follows:
COMMENCING at a 1/2 inch iron pipe tagged "LS 6149" being the northwesterly corner
of said Remaining Lands; thence along the westerly boundary of said Remaining Lands,
South 0 °00'00" East 173.62 feet to a 1/2 inch iron pipe tagged "LS 6149 "; thence leaving
said westerly boundary, South 85 °44'29" East 27.07 feet to the westerly boundary of an
existing Public Utility Easement (P.U.E.) as shown on said Parcel Map Number 180 and
the POINT OF BEGINNING; thence North 89 °58'39" West 4.28 feet; thence North
0 °00'00" East 15.14 feet; thence South 89 °58'39" East 4.28 feet to said westerly
boundary of the existing P.U.E.; thence along said westerly boundary, South 0 °00'00"
East 15.14 feet to the POINT OF BEGINNING.
Containing 64 square feet more or less.
Basis of Bearings
Parcel Map Number 180 recorded in Book 736 of Maps at Pages 30 through 32, Sonoma
County Records.
Being a portion of APN 143- 040 -128
Prepared by Cinquini & Passarino, Inc.
2.2 1.2 ak
Ant ion C, incjui P.L.S. 8614' l/ Da e
1360 North Dutton Avenue, Suite 150, Santa Rosa, CA 95401
Tel: (707) 542 -6268 Fax: (707) 542 -2106
www.cinquinipassarino.com
CPI No.: 6720 -13
Page 1 of 1
APN 143 - 040 -125 (PORTION)
T6N. R8W, SEC 23, NW 1/4 (PROJECTED)
RANCHO COTATE
SONOMA COUNTY
.s �.. POINT OF LANDS OF CITY OF it
COMMENCEMENT NERT PARK
FOUND 1/2 ROH
IRON PIPE DN NERT ARK
TAGGED LS 6149 APN 143 - 040 -128
LYING WITHIN
RANCHO COTATE
PARCEL MAP /
No. 180
736 MAPS 30I
pt� LAIYp REMAINING '
Cf s, � LANDS
P.
1S'P+ o 8614 u N I
�TOF CAL��O� w ¢ o p
0g w
o CnV)
LANDS OF RURAL 0 0 a
CA. BROADCASTING CORP 0
DN 2006 - 041455 V V LO
APN 143 -040 -118 m r-
1
EXISTING 5.00' P.U.E. PER ---I �-�
PARCEL MAP No. 180
736 MAPS 30 -32 j
SEE Z
DETAIL
Q
FOUND 1/1/2"— ! --
(RIGHT)
IRON PIPE Li w �!
TAGGED LS 6149 POB W
looe—
i
— CARLSON AVENUE —
PREPARED BY
CI was & PASSARINO, INC.
LAND SURVEYING
EXHIBIT 'B'
THIS DIAGRAM IS FOR GRAPHIC PURPOSES
ONLY. ANY ERRORS OR OMISSIONS SHALL
NOT EFFECT THE LEGAL DESCRIPTION.
EXISTING PG &E BOX
POB = POINT OF BEGINNING
LINE TABLE
UNE
BEARING
LENGTH
Ll
S85' 4!29"
27.07'
L2
N89'58'39 "W
4.28
L3
N00'00'00 "E
15.14'
L4
S89'S8'39 "E
4.20'
L5
I SOO'00'00 "E
15.14'
3.0'e
r�
J
21cm
0
co
W o
z
an'
QJ °I
(n
0 Zo
V) o%
L4 warr")
t
i; BOX
Poo
GRAPHIC SCALE
a0 0 1s
11E!
1 inch = 30 ft.
Distribution Easement
Pacific Gas and Electric Company
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.
Distribution Easement
AREA 7 —NORTH COAST
SANTA ROSA LAND MANAGEMENT
Operating Department: ELECTRIC DISTRIBUTION
USGS location (MDM, T6N, RBW, SEC 23, NW 1/4 )
RANCHO COTATE
FERC License Number(s): N/A
PG &E Drawing Number(s): N/A
PLAT NO. KK -2811
LD of any affected documents: N/A
LD of any Cross - referenced documents:
TYPE OF INTEREST: 04, 06, 43
SBE Parcel Number: N/A
(For Quitclaims, % being quitclaimed)
Order # or PM #: 30998407e
JCN: N/A
County: SONOMA
( PG &E CO. APPROVED I
SR. LAND AGENT
(BKS3)
ISee email approval
Utility Notice Numbers:
851 Approval Application No. Decision_
Prepared By: SRSM
Checked By: CSSB
Revision Number:
S:\GenISvcs\Land\R—W 2014 \SONOMA \30998407 MORI ESTATES \3099840713 revl.doc