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Home My WebLink About4.10 SaleEasementPacBellCEV CITY CLERK File # D[Il]~~-~~ . AGENDA STATEMENT CITY COUNCIL MEETING DATE: March 4,1997 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 ATTACHED: 1) 2) Resolution (including Deed and Map as Exhibit A) Pacific Bell acknowledgment of City conditions (from original transaction) Letter from Jack Curtin, representative for Pacific Bell, dated February 19, 1997, agreeing to the purchase price of the easement and processing fee 3) RECOMMENDATION:~ Adopt resolution FINANCIAL STATEMENT: Pacific Bell has agreed to pay Dublin Information, Inc. (DII), an additional $1,215 ($9.00 per square foot) for the easement, and will pay a $500 processing fee to the City of Dublin (Lessee) for this additional square footage. . DESCRIPTION: In January of 1996, Pacific Bell purchased an easement from Dublin Information, Inc., for a Controlled Environmental Vault (CEV) to be installed at the northwest comer of th~ Civic Center site. The City Council was requested to consent to the transaction as leaseholder. ThE' vault is to be used for expanded fiberoptics service. This easement is 12' x 27' and is located adjacen1~) the Alamo Channel. Pacific Bell has since decided to increase the width of the CEV and is requesting that the width of the easement likewise be increased by five feet. The proposed deed (Exhibit A of the Resolution, Exhibit 1) is a "correctory" deed which would be recorded over the existing easement deed. The exposed top of the vault will remain the same, but the underground portion will expand. The Civic Center site is owned by Dublin Information, Inc., and leased to the City of Dublin. According to the terms of the lease agreement, Dublin Information, Inc., would need to agree to sale 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. 4.10 g.\'\genmisc\pbell RESOLUTION NO. - 97 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN :Ie :Ie :Ie :Ie :Ie lit :Ie :Ie lit CONSENTING TO SALE OF EASEMENT TO PACIFIC BELL BY DUBLIN INFORMATION, INe. WHEREAS, Pacific Bell was granted an easement by Dublin Information, Inc., for a Controlled Environmental Vault (CEV) at the northwest comer of the Civic Ce?ter site; and WHEREAS, the City Council consented to the transaction in January of 1996; and WHEREAS, Pacific Bell has requested that the easement be increased in width by five feet to accommodate a larger vault; 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 the revised grant of 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 4th day of March, 1997. AYES: NOES: ABSENT: ABSTAIN: Mayor . ATTEST: City Clerk ;J{H~B(i t._ - . ~, -.,. --.... .. --. -""",.-.- ... I EXHIBIT "A" OF RESOLUTION - 97 THIS SPACE FOR RECORDER'S USE CF0263 (3-84) R/W-EXCL-AER-UG' WHEN RECORDED RETIJRN TO: . PACIFIC BELL 2600 CAMINO RAMON, ROOM lN650G SAN RAMON, CA 94583 ATTN: CINDY VOWELL NO DOCUMENTARY TRANSFER TAX DUE BY: PACIFIC BELL RIGHf OF WAY ADMlN'. FILE: Wl1091SG APN: 941-1401-023-2 RJC: 4C JOB: W1-1091S GEO: Wl-35 LOC: RANCHO SAN RAMON (J. M. AMADOR) (CORRECTORY) GRANT OF EASEMENT The undersigned Grantor hereby grants to PACIFIC BELL, Grantee, its successors and assigns, an easement to construct, maintain, operate, inspect, repair, replace and remove such commuthnicatfrion facilities as Grantee may from time to time require, (including ingrkess thereto anal d . egress ere om) consisting of cables, wires, conduits, manholes, handholes, mar ers, pedest s, 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 Yolk-McLain Communities, Inc., formerly the Yolk-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 July 1, 1961 in Book 61 of Parcel Maps at Page 21 in said county; thence, North 720 43' 54" West 226.41 feet along said monument line; thence, leaving said monument line South lof 16' 06" West 38.00 feet to the southerly line of Dublin Boulevard; thence, North 720 43' 54" West 343.80 feet along said southerly line to the southeasterly line of the Alameda County Flood 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 . d. . said southeasterly line South 210 49' 23" West 27.00 feet; thence, South 720 43' 54" East 17.00 feet; thence, North 210 49' 23" East 27.00 feet to the southerly line of Dublin Boulevard; thence, North 720 43' 54" West 17.00 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. 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 responsible for damage caused intentionally or by any negligent act or omission of Grantee, its agents or employees while exercising the rights granted herein. THIS DOCUMENT IS EXECUTED AND RECORDED FOR THE SOLE PURPOSE OF CORRECTING THE LEGAL DESCRlJ>TION IN THA T CERTAIN DOCUMENT RECORDED MAY 13,1996, SERIES NUMBER 96-114843 OF OFFICIAL RECORDS INS~CO~. 1 Executed this day of 19 DUBLIN INFORMATION, INC., a California non-profit corporation By . By 3 .. ~) 8 tAl.,.. ...r,. l..?lIk ~ crn' ~ 8 lit ern 26-000 . ~ 1.6() "'e.: z: :. 'AClHC ffi:...LL JlAl/a 7lJ ~E /./.{aLJ /N~_;"..=@~ =d . #..f7t!A'k/#E .4LEA 4-,." ~ s:;.: ~ ~m~NHS ~~ ~ Sc9 210 ;\ ~ ~ ~ ) e--... t.o. ~ ~SESSOR'S ~ ~ ~ d <<'"' .,..>.. "'5'....... <" .~ ~~o~ .~" "%~~ .- ~ '. ~ ~" ~ "Co- ~ .".~ ~ ./ ~f ,I' f~f @. ('~'/ ,~, iI l' . / .t.' (.". . IO.()~ A:.!.fp) .~I ._" 'I ,. .... .... 'It" ..,,1 ",,"14"' -J! ~ ~. k t.. ~~ ...' ~ .. 14C10 ---<;(-.., /.... .~ I .)/,. ". ~f~~i;;t CITY OF DUBLIN -.-- \~. ~~~ /JJ -----------.-------------.-..-- . ",---~..../( po. Box 2340, Du!)ir:1. California 94568 " /flf.-"-.....:- .~.",,,, City Oflices. 100 CIvic Plaza. Dublin. Califomia ~ 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: 1. 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 portion 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) 633-6650 - City Council (51 O) 833-6605 . Finance Code Enforcement (510) 833-6620 . Engineering (510) 833.6630 Police (510) 833.6570 . Public Works (510) 833.66 '-~"'" '~~~c"U' L t:fin" .....! ~ ----~. ._....--......_~ 5 Mr. Jack CUl1in 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 \\lORKS DEPARTMENT ~ ~.y ~ Lee S. Thompson Director . LST/gr g: \ corresllsljjan96\curtin - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ACKNO\VLEDGMENT: Pacific Bell hereby accepts the conditions contained within this letter. Signed: ~JP J~ /'11 ellllEL t5~tVDIH- Name: Title: Glt.lrJUt2 PACIFJC~::BELL . A Pacific Telesis comr. t., M. L (Mike) Gradwohl Engineer 2600 Camino Ramon. Aoom 3N750N San Ramon, California 94583 (510) 823-:.478 Fax (5101 8i37 -1069 ~), r....; '.e.{'f':lD.r . . . 7 RECEfVED PACIFIC~:t BELL " A Pacific Telesis Company FEB 1 g, 1997 PUBLIC VVORKS February 19, 1997 Mr. Lee Thompson Public Works Director City of Dublin 100 Civic Plaza P. O. Box 2340 Dublirt,CA 94568 RE: CONTROLLED ENVIRONMENTAL VAULT (CEV) AT CMC CENTER - CORRECTORY EASEMENT Dear Mr. Thompson: Pursuant to our February 18, 1997 conversation, this letter is to confum that Pacific Bell (PB) will convey to the City of Dublin $500.00 for processing fees and to Dublin Information, Inc., (DII) $1215.00, for the expansion of the existing PB easement on DII property at your Civic Center site. Following execution of the new resolution and correctory easement, PB will place the CEV, Model #1016-9, following the guidelines of your January 5, 1996 letter. If you have any questions, please telephone me on 510-846-5863. Your cooperation is appreciated. Sincerely, ~ 5ack Curtin: Right of Way Representative under Contract to Pacific Bell 7601 Highland Oaks Drive Pleasanton, CA 94588 ElM;:.'T 3, .- ....1,.