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HomeMy WebLinkAboutReso 56-2020 (20-302)City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) Igo South San Francisco, CA City Council Resolution: RES 56-2020 File Number: 20-302 Enactment Number: RES 56-2020 RESOLUTION APPROVING THE PROPOSED GRANT OF EASEMENT TO CALIFORNIA WATER SERVICE COMPANY ON THE CITY OF SOUTH SAN FRANCISCO PROPERTY TO BECOME THE FUTURE OYSTER POINT BOULEVARD AND MARINA BOULEVARD PUBLIC RIGHT-OF-WAY AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID GRANT OF EASEMENT. WHEREAS, Kilroy Realty Corporation is constructing the Oyster Point Development project pursuant to a Disposition and Development Agreement (DDA) dated March 23, 2011 with the Successor Agency to the City of South San Francisco Redevelopment Agency and with the City of South San Francisco; and WHEREAS, as part of said development project, Oyster Point Boulevard and Marina Boulevard will be reconstructed along a new alignment and will include the relocation of the public utilities that existed in the original street and project area; and WHEREAS, one of said public utilities to be relocated is a 12" diameter water main with fire hydrants and water services; and WHEREAS, said relocated water main facility will be owned, operated and maintained by California Water Service Company; and WHEREAS, California Water Service Company has an existing perpetual easement along the old alignment of their existing water main. Therefore, in order to relocate the water main, they require that the City provide them with an easement along the new alignment of the pipeline; and WHEREAS, once the new water main facility is in place and accepted by California Water Service Company, they will quitclaim their old water main easement back to the City; and WHEREAS, the proposed public right-of-way for the relocated Oyster Point Boulevard and Marina Boulevard is on the City's property; and WHEREAS, said public right-of-way will be created by the approval of a Parcel Map by the City Council which is scheduled for a City Council meeting in the summer of 2020; and WHEREAS, the proposed Grant of Easement to California Water Service Company for the relocated water main is attached hereto as Exhibit A; and City of South San Francisco Page 1 File Number: 20-302 Enactment Number: RES 56-2020 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 are in conformity with the City's General Plan; and WHEREAS, On March 14, 2011, the Planning Commission, through Resolution 2701-2011, determined that the Oyster Point Development Project including the realignment, reconfiguration, replacement and improvements to the existing roadways, related utility work, and infrastructure to facilitate the development (subject to the terms of the Project entitlements including the Proposed Developer Agreement), are consistent and compatible with all elements of the City of South San Francisco General Plan as amended in 2011 and as it applies currently to the Oyster Point Development Project; and WHEREAS, the proposed utility easement dedication is encompassed in such work and thus determined to be in conformity with the South San Francisco General Plan, consistent with the requirements of Government Code section 65402; and WHEREAS, the proposed utility easement would facilitate continuous water service for the City and would support the construction of the Oyster Point Development Project. THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco hereby takes the following actions: 1. Approves the proposed Grant of Easement to California Water Service Company on the City of South San Francisco property to become the future Oyster Point Boulevard and Marina Boulevard Public Right -of -Way, attached hereto as Exhibit A. 2. Authorizes the City Manager to execute said Grant of Easement in the form attached in Exhibit A, subject to approval by the City Attorney. 3. Authorizes the City Manager to take any other action consistent with the intent of this resolution. At a meeting of the City Council on 5/13/2020, a motion was made by Vice Mayor Addiego, 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 4 �O� lLk Pima Govea Acosta, City Clerk City of South San Francisco Page 2 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: When Recorded Return To: CALIFORNIA WATER SERVICE COMPANY Attention: Linda D. Przybyla 1720 North First Street San Jose, CA 95112 This is a conveyance of an easement and the consideration and value is less than $[___.__] __________________________________________________________________________________________________________________________________________________ The undersigned Grantor declares that the documentary transfer tax due is $[_________.__], computed on full value of property conveyed. Form 1381 GRANT OF EASEMENT By this instrument dated _____________________________, 2020, the CITY OF SOUTH SAN FRANCISCO ("Grantor") hereby grant to CALIFORNIA WATER SERVICE COMPANY, a California public utility water corporation, ("Grantee"), a non-exclusive easement in gross, consisting of the right from time to time to construct, reconstruct, install, inspect, maintain, repair, replace, remove, operate and use facilities of the type hereinafter specified, together with a right of way for such facilities and ingress to and egress from such facilities, upon, across and/or under the lands situated in the County of San Mateo, State of California, described in Exhibit A attached hereto and made a part hereof: The strip(s) or parcel(s) of land described in Exhibit A are referred to in this Grant of Easement as the "Easement Area" and is shown on the map attached hereto as Exhibit B. The Easement Area and the facilities installed by Grantee thereon shall be used by Grantee for the conveyance, distribution and/or storage of water, and the installation, operation, inspection, maintenance, repair, relocation, improvement, replacement and removal of such pipes, conduits, meters, valves, fittings, boxes, vaults, hydrants, pipeline markers, and other facilities as Grantee deems necessary or convenient in connection with Grantee's business as a public utility water company and for any other legally permitted purpose. Grantor hereby reserves, for itself, its successors and assigns, the right to use the surface of the Easement Area for public street, parking, landscaping, walkways, signs and driveways; provided that Grantor shall not erect or construct any building, improvement, fencing or structure, plant trees in the Easement Area. In exercising its rights to use the Easement Area as provided herein, Grantor shall use reasonable efforts to avoid any activity that will damage or is reasonably likely to damage, Grantee's facilities and equipment in the Easement Area. Without limiting the foregoing, Grantor shall not perform or permit any digging, tunneling or other forms of construction activity on the Easement Area which would substantially disturb, or are likely to substantially disturb the compaction or unearth Grantee's facilities located within the Easement Area or endanger the lateral support to such facilities and Grantor agrees that it shall be responsible for any such damage. Grantee hereby agrees that Grantee shall vacate the Easement Area and any improvements constructed by Grantee thereon and relocate its facilities to a reasonable alternative Easement Area, at Grantor's sole cost and expense upon six (6) month written notice from Grantor to Grantee. Upon such relocation, Grantee shall deliver to Grantor a quitclaim deed releasing Grantee's interest in the vacated Easement Area. Grantee agrees, at its sole cost, to keep all facilities and equipment of Grantee in the Easement Area in good condition and repair, subject only to ordinary wear and tear. In the event Grantee damages the surface of the Easement Area or improvements thereon, permitted by this Agreement and installed by or for Grantor, Grantee shall, at its cost, repair the damage caused by the activities of Grantee and make commercially reasonable efforts to restore the surface of the Easement Area, as reasonably possible, to the condition in which such surface area and improvements existed at the commencement of the activities of Grantee which caused such damage. In no event shall Grantee be obligated to repair damage caused by activities or causes other than the activities of Grantee. Grantee agrees to indemnify and defend Grantor, its agents, representatives, successors and assigns, against any and all claims, actions, liabilities or demands, costs or expense, including reasonable attorney’s fees, arising out of or in any way connected to Grantee’s use of the Easement Area, except to the extent it arises from the gross negligence or willful misconduct of Grantor, its agents, representatives, successors or assigns. The terms hereof shall be binding upon, and inure to the benefit of the successors and assigns of the parties hereto. As used herein, the term "Grantor" shall include all subsequent owners of the land subject to the easement granted hereby. The terms hereof shall run with Grantee's Easement Area. As used herein, the term "Grantee" shall include all subsequent owners of the easement in gross granted hereby. That Grantor covenants that Grantor has good right and title to grant the foregoing easement, and that Grantor and its successors and assigns shall warrant and defend the same unto Grantee, its successors and assigns, forever, against the lawful claims and demands of all persons. GRANTOR: CITY OF SOUTH SAN FRANCISCO _____________________________________ [NAME] [TITLE] Project No. SSF-113101 City of South San Francisco State of California ) ) ss County of _____________ ) On ____________________ before me, ____________________________________, 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. ______________________________ Signature (Seal) 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. EXHIBIT B Depiction of Easement