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HomeMy WebLinkAboutReso 133-2018 (18-644)City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City Council Resolution: RES 133 -2018 File Number: 18 -644 Enactment Number: RES 133 -2018 RESOLUTION APPROVING THE GRANT OF UTILITY EASEMENTS ON CITY OF SOUTH SAN FRANCISCO PROPERTY, APN 012 - 338 -160, FOR THE SOUTH SAN FRANCISCO STATION IMPROVEMENTS PROJECT (ST1603) TO PACIFIC GAS & ELECTRIC'S FOR GAS AND ELECTRICAL LINES, AND TO CALIFORNIA WATER SERVICE'S FOR WATER LINE, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN EASEMENT DEED TO GRANT THE EASEMENTS. WHEREAS, the Peninsula Corridor Joint Powers Board ( "JPB ") South San Francisco Station Improvements ( "Project ") will construct a new Caltrain Station to the south of the existing Caltrain station near the Grand Avenue overpass and Poletti Way; and WHEREAS, the Project includes a new pedestrian underpass that will connect the new center platform with the Downtown Area at Grand Avenue and Airport Boulevard, and the East of 101 at Poletti Way; and WHEREAS, the Project requires utility relocations in order to resolve existing utility conflicts with the proposed pedestrian underpass; and WHEREAS, Pacific Gas & Electric ( "PG &E ") and California Water Service ( "Calwater ") both have existing utilities that will require relocation in order to accommodate the new pedestrian underpass; and WHEREAS, the property located in parcel APN 012- 338 -160 ( "Property"), is owned by the City of South San Francisco ( "City "); and WHEREAS, the Property does not currently include a dedicated utility easement to accommodate the new location of each of the utilities owned by PG &E and Calwater; and WHEREAS, PG &E requests a grant of a utility easement to accommodate relocation of both its existing gas and electrical lines; and WHEREAS, Calwater also requests a grant of a separate utility easement to accommodate the relocation of its existing water line; and WHEREAS, the general locations of the proposed easements are shown on Exhibit A; and WHEREAS, exact locations for the utility easements on the Property will be submitted for approval by the City once construction has been completed; and City of South San Francisco Page 1 File Number. 18 -644 Enactment Number., RES 133 -2018 WHEREAS, the City Manager will retain authority to authorize the final exact location of the easements for filing with the San Mateo County Recorder, based on the as -built engineering plans; and WHERAS, California Government Code section 65402 requires that, as a precondition to any disposition of real property, the City's Planning Commission must determine that the location, purpose and extent of the proposed disposition conforms with the City's General Plan; and WHEREAS, on July 19, 2018, the Planning Commission determined that the location, purpose, and extent of the proposed grant of utility easements for Pacific Gas & Electric's gas and electrical lines and California Water Service's water line are in conformity with the City's adopted General Plan in accordance with Government Code section 65402. THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco hereby approves the grant of proposed separate public utility easements on the City of South San Francisco property, APN 012 - 338 -160, for the South San Francisco Station Improvements Project to be granted for Pacific Gas & Electric's gas and electrical lines and California Water Service's water line. BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco hereby authorizes the City Manager to execute easement deed, in substantially the same form as the document is attached hereto as Exhibit B, on behalf of the City in order to effectuate the grant of the utility easements, subject to review and approval as to form by the City Attorney, and take any other action necessary to accomplish the intent of this resolution. At a meeting of the City Council on 8/8/2018, a motion was made by Richard Garbarino, seconded by Mark Addiego, that this Resolution be approved. The motion passed. Yes: 5 Mayor Normandy, Mayor Pro Tem Matsumoto, Councilmember Garbarino, Councilmember Gupta, andliuncilmember Addiego Attest Krista City of South San Francisco Page 2 RECORDING REQUESTED BY AND RETURN TO: [INSERT PUBLIC UTILITY NAME AND ADDRESS- PG&E and Cal Water] 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# EASEMENT DEED The City of South San Francisco, hereinafter called Grantor, hereby grants to [respectively, PACIFIC GAS AND ELECTRIC COMPANY/CALIFORNIA WATER SERVICES], a California corporation, hereinafter called Grantee, the right from time to time to construct, reconstruct, install, inspect, maintain, replace, remove, and use facilities for [gas distribution/electricity distribution/water distribution (corresponding to the public utility grantee)], and more particularly specified hereinafter (“Work”), together with a right of way therefor, on, over, and under 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 South San Francisco, County of San Mateo, State of California, described as follows: (APN 012-338-160) Insert Land Description Said easement area is described as follows: Final easement description to be selected and approved by the City for each public utility (1) The strip(s) of land described in Exhibit “A” and shown on Exhibit “B” attached hereto and made a part hereof (2) The strip(s) of land of the uniform width of ______ feet, the center line(s) of which is/are delineated by the heavy dashed line(s) shown upon the print(s) of Grantee's Drawing No. _________ attached hereto and made a part hereof (3) The strip(s)/parcel(s) of land outlined by heavy dashed lines on the print(s) of Grantee's Drawing No. _________ attached hereto and made a part hereof. (4) The strip(s) of land of the uniform width of ______ feet, lying ______feet on each side of the alignment of the facilities as initially installed hereunder. The approximate locations of said facilities are shown upon Grantee’s Drawing No. ___________ attached hereto and made a part hereof. Grantee agrees that on receiving a request in writing, it will at Grantor’s expense, survey, prepare and record a “Notice of Final Description” referring to this instrument and setting forth a description of said strip(s) of land. Said Work in the easement area above are as follows: (Select appropriate category for the public utility grantee): For Gas Distribution: Grantee proposes to relocate an existing 8in diameter gas line (operating pressure of 46psig) housed in plastic pipe that is in the way of the new station pedestrian underpass with a new 8in diameter gas line (operating pressure of 46psig) that avoids the new underpass. For Electricity Distribution: Grantee proposes to relocate 4kv and 12kv electrical distribution lines to avoid new station pedestrian underpass. For Water Distribution: Grantee proposes to excavate existing ground for a bore pit for the relocated line that will be installed by jacking and boring underneath the existing railroad tracks; to excavate trench for new water line alignment within the easement area; to connect new line to existing line near Grand Avenue-Airport Boulevard Intersection; and to deactivate old 18-inch line. 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 by Grantee or Grantee’s qualified and licensed contractors 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, or construct any reservoir or other obstruction within said easement area, or diminish or substantially add to the ground level in said easement area, or construct any fences that will interfere with the maintenance and operation of said facilities. 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 South San Francisco . State of California County of ) On __________________________, before me, , 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.