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HomeMy WebLinkAboutReso 101-19 Approving the Easement Deed to Pacific Gas and Electric Company for Electric Facilities at 7494 Donohue DriveRESOLUTION NO. 101 - 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *********** APPROVING THE EASEMENT DEED TO PACIFIC GAS AND ELECTRIC COMPANY FOR ELECTRIC FACILITES AT 7494 DONOHUE DRIVE WHEREAS, the City of Dublin acquired title to property for Fire Station No. 16, Assessor's Parcel Number 941-0173-001-10, located at 7494 Donohue Drive, by Quitclaim Deed dated June 25, 1997, Document No. 97160045 in the Office of the Alameda County Recorder; and WHEREAS, a new transformer and electrical facilities are necessary for the operation of Fire Station No. 16; and WHEREAS, Pacific Gas and Electric Company (PG&E) has requested that the City grant an easement for electric facilities across said property to allow PG&E access for construction and maintenance; and WHEREAS, PG&E has prepared an Easement Deed document for execution by the City Manager; and WHEREAS, Staff has reviewed the Easement Deed and the plan to install a new transformer and electrical facilities and finds that the PG&E easement is necessary for the City -owned property and the operation of Fire Station No. 16. NOW, THEREFORE, BE IT RESOLVED by the City Council that: 1. The easement across APN 941-0173-001-10, located at 7494 Donohue Drive, as more particularly described in the Easement Deed attached hereto as Exhibit A, is hereby granted to PG&E pursuant to the terms contained within the easement document; and 2. The City Council hereby directs and authorizes the City Manager to execute the Easement Deed of behalf of the City. BE IT FURTHER RESOLVED that the Clerk of this City Council is hereby directed to cause a certified copy of this resolution to be recorded in the Office of the Alameda County Recorder. PASSED, APPROVED AND ADOPTED this 1st day of October 2019, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers Goel, Hernandez, Josey, Kumagai and Mayor Haubert ATTEST: r p cy City Clerk Reso 101-19, Adopted 10/1/2019, Item 4.2 Page 1 of 1 Utility Distribution Easement (11/18) RECORDING REQUESTED BY AND RETURN TO: PACIFIC GASAND ELECTRIC COMPANY 245 Market Street, N10A, 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 Signature of declarant or agent determining tax LD# 2303-01-1406 THE CITY OF DUBLIN, a public agency, (SPACE ABOVE FOR RECORDER'S USE ONLY) EASEMENT DEED 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, replace (of initial or any other size), remove, maintain, inspect, and use facilities and associated equipment for public utility purposes, including, but not limited to electric and communication facilities, together with a right of way therefor, on 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 Dublin, County of Alameda, State of California, described as follows: (APN 941-0173-001-10) The parcel of land conveyed in the quitclaim deed from Dougherty Regional Fire Authority to the City of Dublin, a public agency dated June 25, 1997 and recorded as Document No. 97160045, Alameda County Records. Said easement area is described as follows: The strip of land described in EXHIBIT "A" and shown on EXHIBIT "B" attached hereto and made a part hereof. 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. Utility Distribution Easement (11/18) 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 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: O�fv CITY OF DUBLIN, a public agency B Name 01 ri s+o e.V L . Fvh Title C i Utility Distribution Easement (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 A I fin e a; On OC "I.. b {1 ) 2 ✓I ti personally appeared , before me. \J'4 (1R1 RZ Insert name S�-phR L F'ss Notary Public, who proved to me on the basis of satisfactory evidence to be the person whose names,)' is/a'subscribed to the within instrument and acknowledged to me that he/ Je/they executed the same in his/her/thir authorized capacity(i5es j, and that by his/h9rTthpfr signature($on the instrument the person(; or the entity upon behalf of which the person 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 gf4icial seal. Stature of Notary Pint 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 0 cc z (Seal) WALFRED SOLORZANO COMM. #2189503 z Notary Public • California p Alameda County My Comm, Expires Apr. 2, 2021 P BALS'PROJECT NO.18-3558; MARCH 25, 2019 EXHIBIT A LEGAL DESCRIPTION - PGE EASEMENT REAL PROPERTY SITUATED. IN THE CITY OF DUBLIN,COUNTY OF ALAMEDA, STATE OF CALIFORNIA. BEING A PORTION OF LOTS .1 AND 2, BLOCK 2, AS SHOWN ON THE "TRACT 2162", FILED AUGUST 23, 1960 IN BOOK 42 OF MAPS AT PAGE 50, ALAMEDA COUNTY RECORDS, BEING ALSO A PORTION OF THE LANDS CONVEYED IN THE DEED RECORDED JUNE 27, 1997, UNDER SERIES NUMBER 97160045, ALAMEDA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND :10 FEET WIDE THE CENTERLINE BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID PARCEL CONVEYED IN THE DEED RECORDED JUNE 27, 1997, UNDER. SERIES NUMBER 97160045 DISTANCE THERON SOUTH 69°06'49" WEST,154.84 FEET FROM THE SOUTHEAST CORNER THEREOF; THENCE, NORTH 21°42'54" EAST, 53.30 FEET. THE SIDELINES OF SAID EASEMENT SHALL BE PROLONGED OR SHORTENED SO AS TO BEGIN AT.THE'SOUTH LINE OF SAID PARCEL CONVEYED IN THE DEED RECORDED JUNE 27, 1997, UNDER SERIES NUMBER 97160045 AND TO TERMINATE AT RIGHT ANGLES, CONTAINING. AN AREA OF 533 SQUARE FEET, MORE OR LESS. THE LEGAL DESCRIPTIONS HEREIN ARE BASED UPON A SURVEY MADE BY KEITH S. BUSH OR UNDER MY DIRECTION IN JANUARY 2019. TEIE BEARINGS CONTAINED HEREIN ARE BASED UPON THE BOUNDARY LINES OF LOTS 1 AND 2 AS SHOWN UPON THE MAP FILED FOR RECORD IN BOOK 42 OF MAPS AT PAGE 50, COUNTY RECORDS. EXHIBIT. "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART OF TFIIS DESCRIPTION. END OF DESCRIPTION Ln 0) cn z 6 IIJ _J Lil z —J ,ocroo 3„1.1.,cc.OZS hJ z a. ki) w 0 z 0 0 094 co z co a) I 07 0 co I t,) ai 0 m. SG 0 (an ,o9) JAIIICE filIONOCE 2„ I.gg,OZS 3 (\-) t.0 • 0 10-1 _t k o ekipe kt, Qn "407 fr4f4 0 -- In PA (=L c:72. +-4 P-4 H 1-1-1 (2.4 crt o o 4 (7) z k fle- 0S ‘ qbt° 0..0 E9, 0 cv 0; II f2 it 0 •,,1\ x n --1 -‹ ill 4.: , 0 'S a • A -0 E 40 41 i • v.., 'N tti C, 4) , A R., Vt en *.(ix a FL . C? A,-%1 ' E ' •.‘,..;:00... i\V' / .,„ ••92; v < co 1--cn ! a _., . a z i 03 IX I 0 M CI 6 m ‹ . Utility Distribution Easement (11/18) Pacific Gas and Electric Company tt! EXHIBIT "C" 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&E) to accommodate a utility service extension to PG&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&E utility facilities to the applicant's property or project. Because this easement is an accommodation for a service extension to a single customer or group of customers, 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 and may be used to install additional utility facilities. Installation of any proposed facilities outside of this easement area will require an additional easement. • Removal and/or pruning of trees or other vegetation on your property may be necessary for the installation of PG&E facilities. You have the option of having PG&E's contractors perform this work on your property, if available, or granting permission to PG&E's applicant or the applicant's contractor to perform this work. Additionally, in order to comply with California fire laws and safety orders, PG&E or its contractors will periodically perform vegetation maintenance activities on 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 must 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 to granting this easement to PG&E, your consent may be requested by the applicant, or applicant's contractor, to work on your property. Upon completion of the applicant's installation, the 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. Utility Distribution Easement (11/18) RECORDING REQUESTED BY AND RETURN TO: PACIFIC GAS AND ELECTRIC COMPANY 245 Market Street, N10A, Room 1015 P.O. Box 770000 San Francisco, California 94177 Location: �ity nine l7 v ft-t Recordinae $ Dopument Transfer Tax $ j} ['1 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 isubject to ocumentary Transfer Tax Signature of declarant or agent determining tax LD# 2303-01-1406 THE CITY OF.DUBLIN, a public agency, COPY of Document Recorded at Alameda, CA County Recorder 2019209709 BK: PG: 10/16/2019 has not been original. Original will be process has been completed. compared with returned when Fee: 114.00 DTT: 0.00 CA-SB2: 0.00 Total: 114.00 (SPACE ABOVE FOR RECORDERS USE ONLY) EASEMENT DEED 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, replace (of initial or any other size), remove,maintain, inspect, and use facilities and associated equipment for public utility purposes, including, • but not limited to electric and, communication facilities, together with a right of way therefor, on 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 Dublin,. County of Alameda, State of California, described as follows: (APN 941-0173-001-10) The parcel of land conveyed in the quitclaim deed from Dougherty Regional Fire Authority to the City of Dublin, a public agency dated June 25, 1997 and recorded as Document No. 97160045, Alameda County Records. Said easement area is described as follows: The strip of land described in EXHIBIT "A" and shown on EXHIBIT "B" attached hereto and made a part hereof. Grantoil further grants to Grantee the right, from time to time, to trim or to cut downiany and all trees and brush now or hereafter within said easement area. Utility Distribution Easement (11/18) 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 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: 06 U CITY OF DUBLIN, a public agency Utility Distribution Easement (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 / ct v"` On OC] ' L' 1) 2 0l before me 1�`� `t I' d 5')��� NotaryPublic, Insert name personally appeared `!ti s »�i✓t � SS who proved to me on the basis of satisfactory evidence to be the person(vhose nameX is/subscribed to the within instrument and acknowledged to me that he/sjae/tbd'y executed the same in his/r/ir authorized capacity', and that by his/li6/tir signature on the instrument the person, or the entity upon behalf of which the person 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 . d o icial seal.. /},gnatureof •otary/P,Gbtfo . CAPACITY CLAIMED BY SIGNER [ ] Individuals) 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) [ ] Attomey(s)-in-Fact of the above named Principal(s) [ ] Other WALFRED SOLORZANO d COMM. #2189503 z Notary Public • California a Alameda County My Comm. F7xpires Apr. 2, 2021 I (Seal) - 1 Administrative Block Attach to LD 2303-01-1406 The Area, Region or Location Area 2, Mission Division Land Service Office: Concord RMC Line of Business: 43 Business Doc Type: Easements MTRSQ: (23.03.01.02.11) Rancho Santa Rita FERC License Number(s): N/A PG&E Drawing Number(s): N/A PLAT NO. I1308 LD of any affected documents: N/A LD of any Cross-referenced documents: N/A TYPE OF INTEREST: 4,6,86 SBE Parcel Number: N/A (For Quitclaims, % being quitclaimed): N/A Order # or PM #: 31390615 Ops:0070 JCN: N/A County: Alameda , Utility Notice Numbers: N/A 851 Approval Applicatio No. N/A Decision N/A Prepared By: RKA8 Checked By: ASSZ (This page must be recorded with document) BALS PROJECT NO. 18-3558; MARCH 25, 2019 EXHIBIT A LEGAL DESCRIPTION - PGE EASEMENT REAL PROPERTY SITUATED IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA. BEING A PORTION OF LOTS 1 AND 2, BLOCK 2, AS SHOWN ON THE "TRACT 2162", FILED AUGUST 23, 1960 IN BOOK 42 OF MAPS AT PAGE 50, ALAMEDA COUNTY RECORDS, BEING ALSO A PORTION OF THE LANDS CONVEYED TN THE DEED RECORDED JUNE 27, 1997, UNDER SERIES NUMBER 97160045, ALAMEDA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 10 FEET WIDE THE CENTERLINE BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID PARCEL CONVEYED IN THE DEED RECORDED JUNE 27, 1997, UNDER SERIES NUMBER 97160045 DISTANCE THERON SOUTH 69°06'49" WEST, 154.84 FEET FROM THE SOUTHEAST CORNER THEREOF; THENCE, NORTH 21 °42'54" EAST, 53.30 FEET. THE SIDELINES OF SAID EASEMENT SHALL BE PROLONGED OR SHORTENED SO AS TO BEGIN AT THE SOUTH LINE OF SAID PARCEL CONVEYED IN THE DEED RECORDED JUNE 27, 1997, UNDER SERIES NUMBER 97160045 AND TO TERMINATE AT RIGHT ANGLES. CONTAINING AN AREA OF 533 SQUARE FEET, MORE OR LESS. THE LEGAL DESCRIPTIONS HEREIN ARE BASED UPON A SURVEY MADE BY KETTH S. BUSH OR UNDER MY DIRECTION IN JANUARY 2019. THE BEARINGS CONTAINED HEREIN ARE BASED UPON THE BOUNDARY LINES OF LOTS 1 AND 2 AS SHOWN UPON THE MAP FILED FOR RECORD IN BOOK 42 OF MAPS AT PAGE 50, COUNTY RECORDS. EXHIBIT "13" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART OF THIS DESCRIPTION. END OF DESCRIPTION A O". 7/ cC��\. i �° �G>Oti• 6, -V D NiP I o r) \0 -IN ON cp, CC) TV IA \)15) ro D Z 0 c om a� r �0 CO0 r g• 2 O -0 m 0 01 0 60—L00—£Ll0—t46 NdV co a pGF c wwD C 1 .. 0 0 A � � I O D� N r w N Il0 > O rn(f) r r 0 /i)�50 9.39.00• 6S yR �•, "1cT 0 G�� h � J-o,� 41e 00 4,p'105 Si) 1Ty 00 <<c CO Z 0 mac-` N 01 IV 0 97.59' k .9 1 0 1 � W 0w D Z (7 p Z =Dm CO Ewi O O Z N 0 C7 Duo mz r zaN z� 0 m 0 S20'53'li"E DONOHUE DRIVE (so' WIDE) •80.00' co tn 0 m V32JV 1N3W3SV3 1o3ren S20'53'11 "E 100.00' m N 0 00 Z 0 C m Z z n Z A m m o 0 z Z m z m 13021Vd 103r9fS z m Z 0 3„64,90.69N