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2019/09/03 City Council Resolution 2019-101 RESOLUTION NO. 2019-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AN EASEMENT DEED GRANTING EASEMENTS TO PACIFIC GAS AND ELECTRIC COMPANY (PG&E) FOR THE PURPOSE OF UNDERGROUNDING OVERHEAD UTILITIES ON EAST COTATI AVENUE (CITY PROJECT 2017-17) WHEREAS; the City's approved Capital Improvement Program (CIP) includes the East Cotati Avenue Overlay Project (Project 2017-17), which will overlay the roadway from Snyder Lane west to the City limits; and WHEREAS, PG&E maintains existing overhead utility lines in the right-of-way within the limits of the East Cotati Overlay Project; and WHEREAS, undergrounding the existing overhead utility infrastructure prior to the overlay project will improve reliability, accessibility, aesthetics and safety within this area; and WHEREAS, on May 8, 2018, the City Council approved Resolution 2018-073 establishing the East Cotati Avenue Utility Undergrounding District in order to recognize the benefits of utility undergrounding in this area; and WHEREAS, PG&E is completing its design and has requested easements in the City's landscape strip adjacent to the project area for the construction, installation, operation and maintenance of PG&E's underground facilities; and WHEREAS,the City is willing to grant the easements in consideration of the public benefits of utility undergrounding to the City and its residents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby approve an Easement Deed granting easements to PG&E for the purpose of undergrounding overhead utilities on East Cotati Avenue. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute and record the Easement Deed, in substantially similar form to that attached hereto as Exhibits "A" and incorporated herein by this reference, subject to minor modifications by the City Manager or City Attorney, and to take all actions and execute any documents necessary to effectuate the Easement Deed for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 3`d day of September, 2019. CITY OF ROHNERT PARK Gi elf rte, ayor ATTEST: Sylvia Lopez Cuevas, Assistant City Clerk Attachment: Exhibit A ADAMS: MACKENZIE: STAFFORD: CALLINAN: BELFORTE: AYES: ( ) NOES: ( ENT: ( ) ABST N: ( ) Resolution 2019-101 2 Exhibit A Distribution Easement(Rev.11/18) RECORDING REQUESTED BY AND RETURN TO: PACIFIC GAS AND ELECTRIC COMPANY 245 Market Street,NIOA,Room 1015 P.O.Box 770000 San Francisco, California 94177 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 [ ]Exempt from the fee per GC 27388.1 (a)(2);This document is subject to Documentary Transfer Tax (SPACE ABOVE FOR RECORDER'S USE ONLY) Signature of declarant or agent determining tax LD# 2406-08- EASEMENT DEED PM#35051448—E.Cotati R20A CITY OF ROHNERT PARK, a public body of the State of California, hereinafter called Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation,hereinafter called Grantee,the right from time to time to excavate for,construct, reconstruct, install, replace (of initial or any other size), remove, maintain, inspect 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 158-270-066) PARCEL "A" as shown upon the map entitled "COLEGIO VISTA UNIT NO.5-B" filed for record August 21, 1979 in Book 292 of Maps at page 23, Sonoma County Records. Said facilities and easement area are described as follows: Such underground conduits, pipes, manholes, service boxes, wires, cables, and electrical conductors; abovegound 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 strips of land described as follows: STRIP 1 A strip of land of the uniform width of 60 feet lying contiguous to and northeasterly of the southwesterly boundary line of said lands and extending from the northwesterly boundary line of East Cotati Avenue, a city street, northwesterly 25.00 feet more or less to the general northwesterly boundary line of said lands(measured along said southwesterly boundary line). Distribution Easement Rev.(11/18) STRIP 2 A strip of land of the uniform width of 9.50 feet lying contiguous to and northwesterly of the northwesterly boundary line of said city street and extending from a line perpendicular to said northwesterly boundary line and 200.00 feet northeasterly of the northeasterly boundary line of said STRIP 1, northeasterly 34.00 feet(measured along said northwesterly boundary line). STRIP 3 A strip of land of the uniform with of 15 feet lying contiguous to and northwesterly of the northwesterly boundary line of said city street and extending from a radial line 210.12 feet from the southwesterly terminus a curve in said northwesterly boundary line (measured along said curve) with a radius of 800 feet, central angle of 48142'46" and a length of 680.16 feet (shown upon said map), northerly 15 feet(measured along said curve). 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 also grants to Grantee the right to use such portion of said lands contiguous to said easement area as may be reasonably necessary in connection with the excavation, construction, reconstruction, replacement, removal, maintenance and inspection of said facilities. Grantor shall not place or construct, nor allow a third party to place or construct, any building or other structure, or store flammable substances, or drill or operate any well, or construct any reservoir or other obstruction within said easement area, or diminish or substantially add to the ground level within said easement area, or construct any fences that will interfere with the maintenance and operation of said facilities. 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. Distribution Easement Rev.(11/18) The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land. Dated: , CITY OF ROHNERT PARK, a public body of the State of California By By Print Name Print Name Print Title Print 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 Rev. 11/18 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 before me, Notary Public, Insert name 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 LOT 292M23) I , LOT 58 B (2921V123) �• �� � , TA UNIT NO 5 COLEG'O(292M23) 16 1 T59 (292M23) lbb �•" LOT 60 Q; , SHEET 1 of 2 UNLESS OTHERWISE SHOWN ALL COURSES EXTEND TO OR ALONG BOUNDARIES OR LINES Applicant: SCALE DATE EAST COTATI AVE R20A, ROHNERT PARK 1°=50' 7/31/19 SECTION TOWNSHIP RANGE MERIDIAN (SE of SE) (6N) 8W) (MDBM) COUNTY OF: SONOMA CITY OF: ROHNERT PARK ( (25) F.B.: DR.BY: KXJM CH.BY: DAK8 PLAT MAP LL-2805 SONOMA 35051448 350514488 REFERENCES 292M23 PG&E DIVISION AUTHORIZ DRAWING NO. A UNIT NG 5-13 B ��4~v GGI,EGIG'S'fT 3) �292M�3) Q� Qly --- LG 4 / V (292112 3) i P,L'p' O��lti9bb ,�o;o0 moo 5 292M23) 292M�3) STRIP 3 DETAIL \ j 110T TO SCALE \ ly i % - - � SHEET 2 of 2 UNLESS OTHERWISE SHOWN ALL COURSES EXTEND TO OR ALONG BOUNDARIES OR LINES Applicant: SCALE DATE EAST COTATI AVE R20A, ROHNERT PARK 1..=s0' 7/31/19 SECTION TOWNSHIP RANGE MERIDIAN COUNTY OF: SONOMA CITY OF: ROHNERT PARK (SE 25; E) (6N) (8W) (MDBM) F.B.: DR.BY: KXJM CH.BY: DAK8 PLAT MAP LL-2805SONOMA 1 35051448 3505.14486.., REFERENCES 2921123 PG&E DIVISION AUTHORIZ DRAWING NO. Distribution Easement Rev.(11/18) Attach to LD: 2406-08- Area,Region or Location: 7 Land Service Office: Santa Rosa Line of Business: Electric Distribution(43) Business Doc Type: Easements MTRSQ: 24.06.08.25.22, FERC License Number:N/A PG&E Drawing Number: 35051448B Plat No.: LL-2805 LD of Affected Documents:N/A LD of Cross Referenced Documents:N/A Type of interest: Cominunication Easements (6),Electric Underground Easements (4) SBE Parcel:N/A %Being Quitclaimed:N/A Order or PM: 35051448 JCN:N/A County: Sonoma Utility Notice Number:N/A 851 Approval Application No:N/A ;Decision:N/A Prepared By: KXJM s Checked By: DAK Approved By: Revised by: S:\GenlSvcs\Land\R W 2019\Sonoma\35051448 E Cotati Ave R20A,Rohnert Park\Working Files\35051448B REVl 8-13-19.docx B x F { i h F