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2016/01/12 City Council Resolution 2016-001RESOLUTION NO. 2016-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE GRANT OF AN EASEMENT TO PACIFIC GAS AND ELECTRIC COMPANY (PG&E) FOR THE PURPOSE OF SERVING THE RESERVE AT DOWDELL WHEREAS, the Reserve at Dowdell (the Reserve) is a multi -unit residential property currently under construction on 5.4 acres in the Stadium Lands Planned Development Area, which was previously City -owned property; and WHEREAS, as required by its Conditions of Approval, the Developer of the Reserve has undergrounded the electric and communication utilities the serve the property; and WHEREAS, in order to complete service to the Reserve, Pacific Gas & Electric Company will need to connect to existing overhead utilities on the City's wastewater pump station property; and WHEREAS, PG&E's existing easements across the City's wastewater pump station property do not align with the existing overhead utilities; and WHEREAS, PG&E has requested the City to provide one easement across the very northern edge of City property for the construction, installation, operation and maintenance of the existing PG&E facilities that serve the Stadium Lands Planned Development Area, including The Reserve property; and WHEREAS, PG&E will quitclaim their current, unused and less -direct easements through the City property; and WHEREAS, the City is willing to grant the easement in consideration of the benefit of reconfiguring where the existing PG&E easement is located on the City's property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby approve the grant of an easement to PG&E for the purpose of providing service to The Reserves. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to take all actions to effectuate this easement for and on behalf of the City of Rohnert Park, including execution and recordation, if necessary, in substantially similar form to the easement attached hereto as Exhibit "A" and Exhibit "B", and incorporated herein by this reference, subject to minor modifications by the City Manager or City Attorney. DULY AND REGULARLY ADOPTED this 12`h day of January, 2016. CITY OF ROHNERT PARK A"v Gia e e, Ma�or ATTEST: J Arne M. Buergler, City ClerY Attachments: Exhibit "A" and Exhibit `B" AIIANOTU; . `j t CALLINAN: R yt STAFFORD. AVC MACKENZIE; AqJE, BELFoRTE: A Y C_ AYES: ( 5 ) NOES: (0 ) ABSENT: (0 ) ABSTAIN: (0 ) (2) 2016-001 Attachment 2 - Exhibit A to Resolution Dislribulion Easement (Rev. 09/15) RECORDING REQUESTED BY AND RETURN TO: PACIFIC GAS AND ELECTRIC COMPANY 24.5 Margret Street, N1 OA, Roost 1015 P.O. Box 770000 San Francisco, California 94177 Location: CitylUnine —_- Recording Fee $_ -- Document Transfer Tax [ ] '.1']jis is a conveyance Nyhere the eonsideration and Value is less than $100.0 (1tAT 11911). [ ] Connputed on Full Value of Property Conveyed, or [ ] Cc niputed on 1'1111 Value Less Liens Encumbrances Remaining at Time of Sale Signature of declarant or agent detenniniing Lax LDt# 24(]6-08- PMti 31 1.09290 THE CI`T'Y OF ROITNERT PARD., a public body of the State of California, EASEMENT ULL'i) 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 Rohncrt Parr, County of Sonoma, State of California, described as follows; (APN 143-040-114) LOT 1 as shown upon the Parcel Map No, 175 filed for record July 14, 2005 in Book 679 of Maps at page 13, Sonoma County Records. Said facilities and easement area are describedas follows: STRIP 1 Such poles, aerial wires, cables., electrical conductors with associated crossarrns, braces, transfouners, 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 described as follows: A strip of land of the uniform width of 292.70 feet lying contiguous to and southerly of the northerly boundary line of said lands, beginning at a point on said northerly boundary line distant 43.65 feel lmr, flic northwesterly of said lands (measured easterly along northerly boundary line) and extending southerly lO.Of) feet (measured perpendicularly from said northerly boundary line). Distribution Lasemenl Rev. (09(15) STRIP 2 & 3 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 center line of which is delineated by the heavy dashed line shown upon the print of Grantee's Drawing No. 31109284 attached hereto and made a part hereof; excepting therefrom any portion lying outside of said LOT 1. The foregoing descriptions are based on a survey made by Grantee in January 2015. The basis of bearings used is based on a course in the northerly boundary line of LOT 4 which course according to Parcel Map No. ISO filed for record December 11, 2009 in Book 736 of Maps at page 30, Sonoma County Records, has a bearing of South 89°58'40" 'Vilest and a distance of 282.35 feet. Grantor further grants to Grantee the right, from time to time, to trine 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 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. Disin"bution EASOMIML Rev. ((Ni I i) The provisions hereof shall inure to the benefit of and bind the successors arid. assigns of the respective Parties here'ta., Dated: THECITY OF ROHNERT PARK Print Name Print Title By Pfin 1 Name Print Title I hereby certify that a resolution was adopted on t. ho day of by the ,jfhoriting the forego ng grant. of easement.: Name & Title Distribution Easement Rev (09/15) 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 Calif am i.a County of Oil personal iy appemred Ware >ne, (Nntarv-Public Ficrc iatxcn`tonirnarrd lisle :q[ tMp ofistvr who proved to ale on the basis of satisfactory, evidence to be the person(s) whose name(s) Ware 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, 1 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 seril. (sea]) Si�atal�r of � fnlwy 1'u�lic CAPACITY CLAIMED BY SIGNIIIR [ ] hidividual(s) signing foi' oneself/themselves [ ] Corporate Officer(s) of the above named corporation(s) [ ] Trustee(s) of the above named, Trust(s) [ ] Partrier(s) of the above named Paitnership(s) [ ] Attorney(s)-in-Fact of the above named Principal(s) f 7 Other - BASIS OF 13EARINIGS DETAIL (NTS) Ar TAGGED LS 7935 f TAGGED LS 6149 ~ N 89" 5f3' 40" k 8x:3' _--- `�x RANCHO COTATE SONOMA MEDIA INVESTMENTS, LLC DEED DATED NOVEMBER 5, 2012 DOCUMENT NUMBER 2012112024 APN 143--040-112 TAGGED LS 6149STRIP 1 TIE: N 896 53'!40" E 43,65' ca STRIP 1: N 890 58' 40" El 292,70' 4. .-W STRIP 3: 1 i ..�t�.• �.•�� ---� S 0° F 15.0' � g r'- J STRIP Z. o-- f N 760 46' 56" G. POINT OF BEGINNING \-, Nx \DOCUMENT STIZIJ+ 2 DETAIL (NTS) IEXISTING PG&E EASEMENT DATED JANUARY '14, 1980 NO. 806144581 LD 2406-08-0602 (TO BE QUITCLAIMED) I �N 600 15' 36" W 16.89' / TR 1 a JSTRlW3_--.,•�,51TtiP3 5 9905914011W N $J°5$'4¢" E t 75.5.1' a STRIP 3 DETAIL ((ATS) CITY OF ROHNERT PARK, A MUNICIPAL CORPORATION DFFD DATED DL, CE ER 12-, 2001 DOCI' AIENT NUMII.FR 200.1173231 APN 143-040-114 BASIS OF BEARINGS: N 89 58'40" E 282.35' I!2" IRON PIPE TAGGED PLS 7935 AND 112" IRON PIPE TAGGED LS 6149 PER PARCEL MAP NO. 160 FILED DECEMBER 11, 2.009 M BOOK 7,16 OF MAPS AT PAGE 30 SONOMA COUNTY RECORDS LEGEND U10 ELLCTIUC STRIPS 2 AJ N.T.S. S y� - E- EXISTING POLE. LINE -�- REMOVE POLE LINE -- -- - CENTERLINE OF UG EASEMENT ---------• OUTLINE OF OH EASEMENT 8 EXISTING POLE EXISTING ANCHOR O FOUND 112" IRON PIPE BOB BASIS OF BEARINGS UNLESS OTHERWISE SHOWN ALL COURSES EXTEND TO OR ALONG BOUNDARIES OR LINES _ RULE 20 DOWDELL AVE EXT. SECTION TOWNSHIP RANGE MHUDIAN COU - (NE OF NW) (6N) (8W) (MD.B&M) (23) _ F. B..: PLAT MAP KK -2811; KK -2812 REFERENCES 736M 30; LID 2406-08-0602 PG N W 2 W 0 r-, 1."=60' 112/3/15 SONOMA IC.ITY OF: ROHNERT.PARK /DCF DR.BY: KXJM CH.By. DAK8 SOI (OMA 31].0928431109284 DIVISION I AUTHORI2 DRAWING SIO. Distribution Easement Rev. (0911 S) 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&I) to accommodate a utility service extension to PCi&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&F utility facilities to the applicant's property or project. Because this easemcnt is an accommodation for a service extension to a single customer or group of custotners; 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 ;id/or pruning of trees or other vegetation on your property may be nocessary for the installation of PO&E Facilities. You have the option of having PG&E's contractors perl'orna this work on your ,properly, if available, or ga'anting permission to PG&E's applicant or the applicant's contractor to perform this work. Additionally, is order to corxrply with California 1`irre laws and safety orders, PG&E or its contractors will periodically perform vegetation maintenance. activities cera 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 roust 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 t& granting this casement to PG&E, your consent may be: retluested by the applicant, or appiieant's contractor, to worm on your property. Upon completion of the applicant's installation, tine 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. Disfriblifion Fawmalt RtV, ([]x3115) The Area and Divisiori- Area 7. Soni rna Division LICIIIdService Dfficc: Santa Rosa Lafid Managern-CrIt Operating 1Depirrinient:1 Electric Distribution US GS location (MDM, T06N, R,08 W, See. 23, NIB 1/4 of the NW -'V4) Rancho Cotate FERC LicienSe:Number(s):,- N/A PG&KDrawing Number(s): .5.1105294 PLATNG,: ICK -2$1i IC 1,D of anyaffected documents:N/A LD ofanyGross-referenced :documents: 2406-08-0602 TYPE OF INTEREST: ST!04, 06%) 43 'SBE Parcel Number: N/A (For Quitclaims, % being qUitclairned): Under # or PM #: 31109284 0070 IM IIIA towity-. Sonoma Utility Notice Numbers-, N/A 8S 1 Approval Applit-ation No. N/A Decision N/A .Prepared By: KXJM Checked By: DAIC9 S:\Land\R—W 201415bNOMA131109284 Dowdell Ave'Ext, Rohnert Park\3,1109284�Rlevldoc. Quitclaim deed (Rev.0 1111) RECORD NG REQUESTED BY AND RETURN TO: PACIFIC GAS AND ELECTRIC COMPANY 245 Market Street, X] 0A, Room 1015 P.O. Box 770000 San Francisco, California 94177 Location: City/Uninc Recording Fee $_ -- Document Transl'cr Tix This is a conveyance where the considerationind Value is less than $ 100,00 (RST 11911). Computed on Full Value of Property Conveyed, or Conipute(l on Full Value Less Liens & Eacumbl-PTIces Reniainipig at Time af Sale nature of declarant or went deterinining tux Attachment 3 - Exhibit B to Resolution (SPACE ABOVE FOR RECORDEIVS USLONLY) LD# 2406-08- EASEMEN'l" QUITCLAIM DEED W.031109284 PACIFIC GAS AND ELECTRIC COMPANY, a Califorrda. corporation, hereinafter called PG&E, hereby cluitclaims to THE CITY OF R01 -INERT PARK, a public body of the State of California, the real property, situate in [lie, City W'Rohnert Park, County of Sonoma, Mate of California, described as follows: (AM 143-040-114) A portion. of the easement and rights granted to PG&E by Rohnert Park District, a murvAcipal corporation, dated January 14, 1980, and recorded as Document Ntimber 800445810 Sonoma Country Records; said portion lying within LOT 1 as shown upon Parcel Map 4175 filed for record July 14, 2005 in Book 6719 of Maps, at page 13 Sonoma County Rcoards. The real property hereby quitclainied is no longer necessaiy or usefill to PCI&E, in the performance by it of its duties to the public. Dated 20 PACIFIC GAS AND ELECTRIC COMPANY, a California corporation By Sarah Hug Supervisor Land Rights Services North Coast SONOMA MEDIA INVESTMENTS, LLC APN 143-040-135 r RANCHO COTATE SONOMA MEDIA INVESTMENTS, LLC APN 143-040.-112 EXISTING PG&E EASEMENT DATED JANUARY 14, 1980 DOCUMENT NO, 80044581 LD 2406-08-0602 (TCS BE QUITCLAIMED) CITY OFROiFTiNERTPARK, - A .MUNICIPAL CORPORATION DEED DATED DECEMBER 12, 2 301 DOCUMENT NUMBER 2001173231 APN 143-040-1X4 UNLESS OTHERWISE SHOWN ALL COURSES EXTEND TO OR ALONG BOUNDARIES OR LINES Appiicant: SCALE DATE QUITCLAIM: CITY OF ROHNERT PARK 1" =60' 12/29/15 SECTION TOWNSHIP RANGE MERIDIAN COURlY OF. SONOMA CM OF, ROHNERT PARK_ (NE OF EO3 NW) (6N) (8W) (MDB &M) F,B.: KX]MIWDCF DR.BY: KXI-M CH.BY: CSSB PLAT MAP KK -28 .1,; KK -2812 SONOMA 1 31109281 131109284A QC REFERENCES 736 M 30; LD 24.06--08-0602 PG DIVISION AUTHORIZ I DRAWING NO. i Area :7 ,:8,onoma Division Santa Rosa Land Management Operating Department: Elec[ric Distribution USGS location (MDM,'r6N, R8W, Sec, 23, NW I/o): Rancho Cotate, FJ_-'RC, License Number(s) PG&E Drawing Nuinber(s)::31 10,'9284A-.QC PLAT NG. KY,-2912 LD of any affected documents: 2406-08-0602 LD of-any Cross-referenced documents TYPE.DFINTEREST: Ilq SBE Parcel Number 30%being quitelaimed Order -gor?M4h.311,09284 0070 JCN: County; Sonoma Utility Notice Numbers (if appliuible) 85 I,Approval Applicatiom'-No, Decision Prepared By V- _KXJM Checked 13y: CSSB _644,4 Revision Number (if applicable) S:R W 2014\SONO1VIA\31109284 Dowdelt Ave EI(t, Rohnert Park13-110928 4CityQC- doe