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HomeMy WebLinkAboutItem 4.02 SaleEasemntPacBellCEV (2) " "i1;:'" .. >. ~ ., CITY CLERK File # D~f7l[Q]-~1Q] .', AGENDA STATEMENT CITY COUNCIL MEETING DATE: January 23,1996 SUBJECT: Consent as Lessee of Civic Center Site to Sale of Easement to Pacific Bell for Controlled Environmental Vault (CEV) Report Prepared by: Lee S. Thompson, Public Works Director EXHIBITS AITACHED: 1) 2) 3) 1 4) , Resolution (including Deed as Exhibit A) Location Map Pacific Bell acknowledgement of City conditions Please see Exhibit 3 of Dublin Information, Inc., Agenda Statement for Specification and Photograph of Vault RECOMMENDATION: ~oPt resolution FINANCIAL STATEMENT: Pacific Bell has agreed to pay Dublin Information, Inc. (DIl), $3,000 ($9.00 per square foot) for the easement, and will pay a $500 processing fee to the City of Dublin (Lessee). . DESCRIPTION: Pacific Bell has requested to purchase a 12' x 27' easement at the northwest comer of the Civic Center site for installation of an underground Controlled Environmental Vault (CBV). The vault is to be used for expanded fiberoptics service. This easement would be located adjacent to the Alamo Channel. There would be a visible maintenance accessway above ground at the back of the easement. The size would be about 4' x 6' by 3' high and would be screened by shrubs. The remainder of the vault would be located underground. Pacific Bell would replace any turf and irrigation facilities that need to be removed for installation. Pacific Bell has acknowledged that they will conform to the City's conditions (see Exhibit 3) regarding the vault. It should be noted that the electric service cabinet for the vault will be approximately 46" high (per PG&E specification), but is an otherwise small unit that can be located near the channel fence and screened by shrubs. The Civic Center site is owned by Dublin Information, Inc., and leasedto the City of Dublin. According to the terms of the lease agreement, Dublin Information, Inc., would need to agree to ~ale of the easement as lessor, and the City would need to consent to the sale as lessee of the property. Staff recommends that the City Council adopt the resolution consenting to sale of the easement by Dublin Information, Inc. .. .~------------------------------~----------------------------------- ,:. COPIES TO: Pacific Bell . ITEM NO. 4.2 g. \agenmlsc:\c2pbell . " RESOLUTION NO. - 96 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* CONSENTING TO SALE OF EASEMENT TO PACIFIC BELL BY DUBLIN INFORMATION, INC. WHEREAS, Pacific Bell has requested an easement for a Controlled Environmental Vault (CEV) at the northwest corner of the Civic Center site; and WHEREAS, the Civic Center site is owned by Dublin Information, Inc., and leased to the City of Dublin under the terms of a 1993 lease agreement; and WHEREAS, the terms of said Lease Agreement requires consent of both Dublin Information, Inc., as Lessor, and the City of Dublin, as Lessee, for permitted encumbrances such as said easement; and WHEREAS, said easement for Pacific Bell CEV will not impair the use of the site; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby consent to sale of the easement as described in Exhibit "A" to Pacific Bell by Dublin Information, Inc. ." BE IT FURTHER RESOLVED that the City Manager is authorized to notify Dublin Information, . Inc., in writing of said consent. PASSED, APPROVED AND ADOPTED this 23rd day of January, 1996. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk .g:\agenmiSC\reSOC2Pb ........... ~. il"";; ^ ..", , :r~\. ?..) D ~ i ~ ,.~. -". ~~,~. ~ . .....v~..__'II'_,~~~~_....,..,:, EXHIBIT A OF RESOLUTION THIS SPACE POR RECORDER'S USE . CF0263 (3-84) R/W-EXCL-AER-UG WHEN RECORDED RETURN TO: PACIFIC BELL 2600 CAMINO RAMON, ROOM IN650G SAN RAMON, CA 94583 ATTN: CINDY VOWELL NO DOCUMENTARY TRANSFER TAX DUE BY: PACIFIC BELL RIGHT OF WAY ADMIN. FILE: Wl1091SG APN: 941-1401-023-2 RlC: 4C JOB: WI-1091S GEO: WI-35 LOC: RANCHO SAN RAMON (1. M. AMADOR) GRANT OF EASEMENT The undersigned Graptor hereby grants to PACIFIC BELL, Grantee, its successors and assigns, an easement to construct, maintain, operate, inspect, repair, replace and remove such communication facilities as Grantee may from time to time require, (including ingress thereto and egress therefrom) consisting of cables, wires, conduits, manholes, handholes, markers, pedestals, electrical conductors, structures with electronic communication equipment therein and associated paving, and other necessary fixtures and appurtenances related thereto; in, over, under and upon that certain real property in the City of Dublin, County of Alameda, State of California, described as follows: . That portion of that certain real property described in the Corporation Grant Deed from V olk-McLain Communities, Inc., formerly the V olk-McLain Co. to the Murray School District of Alameda County, State of California, a Public Corporation, dated October 14, 1966 and recorded in the Office of the Recorder of the County of Alameda, State of California, on October 26, 1966 in Reel 1864 of Official Records at Image 533, described as follows: Beginning at a Point at a standard survey monument at the intersection of the monument lines for Dublin Boulevard and Sierra Court as shown on Parcel Map 460, recorded JUI6' 1, 1961 in Book 61 of Parcel Maps at Page 21 in said county; thence, North 72 43' 54" West 226.41 feet along said monument line; thence, leaving said monument line South 170 16' 06" West 38.00 feet to the southerly line of Dublin Boulevard; thence, North 72043' 54" West 343.80 feet along said southerly line to the southeasterly line of the Alameda County Plood Control and Water Conservation District real property described in Parcel No.2 in the Deed recorded in said county on September 18,1975 in Reel 4101 of Official Records at Image 389 and the True Point of Beginning of this description; thence, along . .- . .:" said southeasterly line South 210 49' 23" West 27.00 feet; thence, South 720 43' 54" East 12.00 feet; thence, North 21049' 23" East 27.00 feet to the southerly line of Dublin Boulevard; thence, North 720 43' 54" West 12.00 feet along said southerly line to the True Point of Beginning. The northerly 5.00 feet of the easement herein granted or any portion thereof, shall be subordinate to any future street or highway dedication; provided, however, that such dedication is accepted by the appropriate governmental authority having jurisdiction over said dedication. See Exhibit A, attached hereto and made a part hereof. This legal description was prepared pursuant to Section 8730c of the Business and Professions Code. Grantor also grants to Grantee the right to trim such trees and other foliage and to cut such roots on said property as may be necessary for the protection of said facilities. Grantor also grants'to Grantee the right to cut, fill or otherwise change the grade of said property and to place such drainage and retaining structures thereon, as Grantee may elect for the protection of said facilities. Grantor also grants to Grantee the right to receive commercial power service from the appropriate utility company serving the area together with the right for such utility company to place their respective service facilities upon and within said easement. Grantee shall be fesponsible fOf damage caused intentionally or by any negligent act or omission of Grantee, its agents or employees while exercising the rights granted herein. Executed this 19 day of DUBLIN INFORMATION, INe., a California non-profit corporation By By 1:\ ~ 't ..... ~'" '\ I , I ......., I , , , 210 e--. t.:.Q . ~ I'A&r/t::.. B€LL mULT 7lJ JE !JLJfccb #A'rt!A'k/#E ALEA AJI-/J19/S I1IJ.SS EXH/B/r A ""'? ......... ~ -<i-t/. ~ ;..0-. ~ ~ ~-c ~~ -r;,..~ ~ .A~~ is ;;......-> :.c:. ~o~ . ~~~ ....... ., "".s.- ~ ' oS-.s:.-: ~ ~ ' "(1'00 _. ~ tr~ ~~ ~ ~ 14CJO e.. Seo ".f ;~ E 'e ! !II !U !II ~ II' I ~. .. L / I I J.lno:) : i ""ts .' .' , /. ~_r /. t-l" j /.I:...~ / e' .. ... .,..J . [" . ;_r "/"../. . _ il'-.~ . ,", ......... ~.J '::-'" 0",. ~/~ "'........... "-- ".~~ . '- -.~\ . "'---- ':.~ ~ "~ . '-~----., ............... , . ......... . . . ~ "'.....,,~..;.,ti'~~.~ 1L 1~. ,"I! ~H~;;l\! ' ~.;I.",1 HW. ~....,...""_~.. ,..'..-'--"'Ii'- -~..., ~,...I .~-.... lD ~lL~ t-1clp z ::i [l. g: <( () CI) D Z ::i >- 0: <( Z ~ :J UJ a: [l. ~ ~ ~ Z ~ U U ~ > I--ol U . ~ ~ .. " ~ z ~ ~ ~ ::J Q . , ~ ,......., '-" l... ~ ~ l ~ V ~~~7--"'.~. /, '" I .J(I. "', ?~~~;)~ CITY OF DUBLIN M__ \~, _ .,~". _ jl! n__;;_~::-;;~-;--~U~~I~'-cal~ornl:~~~~;-~m~;OffICe~;;;~v:-;Iaza, ~u~-~.-~~~~;~~~-.---'" ',.1/11',-""-''': ~~,..... January 5, 1996 Mr. Jack Curtin Pacific Bell Contractor 7601 Highland Oaks Drive Pleasanton CA 94588 SUBJECT: Controlled Environmental Vault (CEV) at Civic Center Dear Mr. Curtin: This letter is to confirm our verbal agreement regarding the purchase of an easement for and installation of a CEV at the northwest corner of the Civic Center site. The purchase approval by Dublin Infom1ation, Inc. (DII), as property owner, and by the Dublin City Council, as lessee, will be placed on their respective agendas for review and, if acceptable, approval. .'.. , . The tenns are as follows: I. Pacific Bell will pay $3,000 to DII as reasonable remuneration for the easement and a $500 processing fee to the City of Dublin. 2. The vault will be a Utility Vault Company, Inc., Model #616. 3. The aboveground portion of the vault will be as small and as low profile as possible. The height above surrounding grade will not exceed three (3) feet and the access structure will be placed at the back of the easement. 4. Pacific Bell will relandscape and reinstall irrigation for the disturbed site with in-kind materials or as modified jointly between Pacific Bell and the City. Shrubs will be planed to screen the exposed p011ion of the vault. 5. Pacific Bell will apply for an encroachment permit and will submit construction plans for vault installation, grading, and landscaping/irrigation to the City for review and approval to assure conformance with these conditions. .-: Administration (510) 833-6650 . City Council (510) 833-6605 . Finance (510) 833.66, Code Enforcement (510) 833-6620 . Engineering (510) 833-6630 . Parks & Ce, Police (510) 833-6670 . Public Works (510) 833-6630 . Plannin '''"'V''' '!1~~~ 2. ~~;4~rb~~ .::;J -"'~~ fB~0G ~l~[v\edg.~ Db Ci:r\ctA' turY\ S . .' ,', Mr. Jack Curtin January 4, 1996 Conditions for Easement for CEV Page 2 6. Pacific Bell will provide a construction schedule to the City for review and approval prior to beginning construction. If these conditions are agreeable, please have an authorized Pacific Bell representative sign and return a copy of this letter. If you have any questions, please feel free to call me at 833-6630. Sincerely, PUBLIC WORKS DEPARTMENT C_~ Lee S. Thompson Director LST/gr g: I corresllsfljan96\curtin - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ACKNOWLEDGMENT: Pacific Bell hereby accepts the conditions contained within this letter. ~.J~ j Name: fi1 j C.Jl-AEL (;..ertowo(H- Signed: ...... PACIFIC,.1BELL. A Pacific Telesis Company .' Title: WG/!1IU/2 M, L (Mike) Gradwohl Engineer 2600 Camino Ramon, Room 3N750N San Ramon, California 94583 (5101823.5478 Fax (510) 867.1069 ~). '...' '.t;:ltt:ltr;:! p.1;"