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HomeMy WebLinkAboutReso 50-2020 (20-254)City of South San Francisco City Council � Resolution: RES 50-2020 File Number: 20-254 P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA Enactment Number: RES 50-2020 RESOLUTION APPROVING THE GRANT OF A FIBER OPTICS EASEMENT IN THE CITY OF SOUTH SAN FRANCISCO RIGHT-OF-WAY FOR THE SOUTH SAN FRANCISCO STATION IMPROVEMENTS PROJECT (ST1603) TO UNION PACIFIC RAILROAD FOR JOINT TRENCH LINES, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT. WHEREAS, the Peninsula Corridor Joint Powers Board ("JPB") South San Francisco Station Improvements ("Project") is currently constructing a new Caltrain Station to the south of the existing Caltrain station near the Grand Avenue overpass and Poletti Way within the City of South San Francisco ("City"); 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 stairwell; and WHEREAS, Union Pacific Railroad ("UPRR") has existing fiber optics facilities that will require relocation to accommodate the new pedestrian underpass stairwell and ramp; and WHEREAS, the Project proposes to relocate the joint trench facilities into the City's Right -of -Way ("ROW"); and WHEREAS, UPRR does not currently have an easement agreement to relocate these facilities within the ROW; and WHEREAS, UPRR requests the City grant a fiber optics easement for the limited purpose of accommodating the relocation of existing joint trench lines; and WHEREAS, due to the proximity and overlap of the proposed relocation of the joint trench over the City's Storm Drain infrastructure, the City's Public Works department will retain rights to access, maintain, and repair stormwater facilities within the easement area; and WHEREAS, the draft Grant of Easement is shown on Exhibit A; and WHEREAS, the draft plat and legal description of the proposed easement is shown on Exhibit B; and City of South San Francisco Page 9 File Number: 20-254 Enactment Number. RES 50-2020 WHEREAS, the Engineering Division and the City Attorney's office have reviewed and accepted the draft grant of easement, plat exhibit, and legal description for recording the easement; and WHEREAS, consistent with Government Code section 65402, the City's planning department has determined that the location, purpose and extent of the proposed fiber optics easement is in conformity with the City's General Plan as it will serve telecommunications operation in the City and facilitate the construction of the project to promote the City's multi -modal transportation visions and goals, as outlined in the adopted General Plan, Strategic Plan, and further described in the accompanying staff report. THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco hereby approves the grant of a fiber optics easement, attached hereto and incorporated herein as Exhibit A, in the City of South San Francisco Right -of -Way, for the South San Francisco Station Improvements Proj ect (st 1603), to Union Pacific Railroad for j oint trench lines. 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 Exhibit A, on behalf of the City in order to effectuate the grant of the fiber optics easement, and to make minor edits that do not increase the City's obligations, 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 4/22/2020, a motion was made by Councilmember Matsumoto, seconded by Councilmember Nagales, that this Resolution be approved. The motion passed. Yes: 5 Mayor Garbarino, Vice Mayor Addiego, Councilmember Nagales, Councilmember Nicolas, and Councilmember Matsumoto Attest by C 14 � osa Govea Acosta, City Clerk City of South San Francisco Page 2 Page 1 of 2 WHEN RECORDED RETURN TO: MAIL TAX STATEMENTS TO: SPACE ABOVE THIS LINE FOR RECORDER’S USE The undersigned grantee hereby declares this instrument to be exempt from Recording Fees (Govt. Code §27383 and Government Code §6103) and Documentary Transfer Tax (Revenue and Taxation Code §11922). FIBER OPTICS EASEMENT The CITY OF SOUTH SAN FRANCISCO, a municipal corporation, owner of that certain real property situated in the County of San Mateo, State of California, as described in Exhibit A (the "Property"), which description is incorporated herein by reference, hereby grants to UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, a perpetual, non-exclusive subsurface easement (Easement) in gross for the construction, installation, use, operation, maintenance, reconstruction, and replacement of fiber optic communication systems, lines and facilities on, under and through the Property for the purposes authorized hereunder. UNION PACIFIC RAILROAD COMPANY’s use of the Easement shall not disturb, damage or impede the existing storm drain facilities located in the Easement area, as shown on Exhibit B and incorporated herein. The CITY OF SOUTH SAN FRANCISCO shall have the right to enter onto the premises for the purposes of maintaining and repairing the stormwater facilities depicted in Exhibit B. [Signature on the Following Page] Page 2 of 2 DATED this day of , 2020 CITY OF SOUTH SAN FRANCISCO A Municipal Corporation By____________________________________ Attest: _______________________________________________ City Clerk 3504505.1 April 4, 2020 Page 1 of 2 RSE, Inc. Portion of CSSF Right of Way Fiber Optic Cable Easement LEGAL DESCRIPTION All that real property in the City of South San Francisco, County of San Mateo, State of California lying within a portion of Poletti Way (formerly Industrial Way) and East Grand Avenue as shown on Parcel Map recorded in Book 107 at pages 27 through 30, inclusive and Parcel Map recorded in Book 53 at pages 19 and 20 in the office of the San Mateo County Recorder San Mateo, California said easement being more particularly described as follows: COMMENCING at an angle point on the northwesterly line of Parcel 8-A as shown on said Parcel map recorded in Book 53 pages 19 and 20 also being on the southeasterly line of Industrial Way as shown on said map being the southwesterly terminus of that certain line having a bearing shown as “N 38°00’19” E, 324.57”; Thence, North 51°17’46” West, 59.54 feet to the Southeasterly line of the PCJPB Right of Way, also being the TRUE POINT OF BEGINNING; Thence, leaving said right of way line, South 18°17’22” West, 28.67 feet to a point on a line lying 10 feet southeasterly of and parallel with said PCJPB Right of Way; Thence, on said parallel line, South 38°42’14” West, 107.60 feet; Thence, leaving said parallel line, South 23°43’24” West, 19.58 feet; Thence, South 38°11’46” West, 31.07 feet; Thence, South 25°03’12” West, 52.57 feet to the southerly Right of Way line of said East Grand Avenue; Thence, on said right of way line, North 88°57’06” West, 12.26 feet; Thence, leaving said right of way line, North 37°45’08” East, 5.47 feet to a point on a line lying 10 feet northwesterly of and parallel with the previous course described hereon as “South 25°03’12” West, 52.57”; Thence, on said parallel line, North 25°03’12” East, 53.38 feet to a point on a line lying 10 feet northwesterly of and parallel with the previous course described hereon as “South 38°11’46” West, 31.07 feet”; April 4, 2020 Page 2 of 2 Thence, on said parallel line, North 38°11’46 East, 30.95 feet to a point on a line lying 10 feet northwesterly of and parallel with the previous course described hereon as “South 23°43’24” West, 19.58 feet”; Thence, on said parallel line, North 23°43’24” East, 19.63 feet to a point on the southwesterly extension of said southeasterly line of the PCJPB right of way; Thence, on said extension and right of way line North 38°42’14” East, at 5.12 feet pass an angle point on said right of way line, then for a total distance of 135.78 feet to the TRUE POINT OF BEGINNING. The sidelines of said easement shall be prolonged or shortened to form a continuous line. Containing 2,284.86 Square feet or 0.05 acres, more or less The bearings and distances in this description are based on the California Coordinate System of 1983 (CCS ’83) Zone 3, 2010.00 Epoch. The distances are grid distances. To obtain ground distances multiply grid distance by a combined scale factor of 1.00006518. A plat showing the above-described parcel is attached hereto and made a part hereof. This description was prepared by me or under my direction in conformance with requirements of the Professional Land Surveyors’ Act. END OF DESCRIPTION ______________________ ________________________ James A. Drenon, PLS 6153 Dated Expires: 03-31-2022