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HomeMy WebLinkAbout37-07 RESOLUTION NO. 411, 37-07 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AN EASEMENT AGREEMENT AND GRANTING A TEN-FOOT WIDE STRIP UNDERGROUND ELECTRIC EASEMENT TO PACIFIC GAS AND ELECTRIC COMPANY (PG&E) FOR THE UNDERGROUNDING OF OVERHEAD UTILITY WIRES WHEREAS,the Town of Los Altos Hills ("Town") is the owner of certain real property (the `Basement Area") located within the Town of Los Altos Hills and more particularly described in Exhibit A to the Easement Agreement attached hereto and incorporated herein by this reference; and WHEREAS,PG&E desires to construct, install and maintain such pipes,manholes, wires, cables, electrical conductors, fuses and other electric facilities as necessary within certain City-owned property; and WHEREAS, on May 15, 2003, the City Council affirmed its support and commitment for the undergrounding of overhead utility wires; and WHEREAS, pursuant to the Improvement Act of 1911 and Los Altos Hills Municipal Code Section 7-4.03, the City Council adopted Resolution No. 78-05 on August 3, 2004, establishing Underground District No. 1A for Purissima Road from Samuel Lane to Minorca Court, and Viscaino Road from Purissima Road to Roble Ladera Road; and WHEREAS, staff recommend inclusion of Viscaino Place as a part of Underground District No. lA to accommodate existing overhead facilities and structures in the area; and WHEREAS, the ten-foot wide strip Underground Electric Easement is necessary for placing certain overhead utility wires in the Underground District No. lA underground. NOW, THEREFORE,the City Council of the Town of Los Altos Hills does RESOLVE as follows: That the Town hereby approves the proposed easement agreement attached as Attachment A hereto; and that the City Manager is hereby authorized and directed to execute the Agreement on behalf of the Town. / 'PASSED AND ADOPTED this/`T day of //1�_ , 2007 411 BY: - ayo ATTEST: Ci y Cler• LAH Reso-Easement(PGE) • S .A EXHIBIT "A" U�,j SSIFound --. 44 3/4" I. P. k 04 N. Oo o \ 203-1M-51 -°--_,.�S68o X6,3 S.`Ji b TOWN. OF LOS ALTOS HILLS // 4 �s�2 X�` E787 O.R. 164 // / '�o R to / N o• / , oA\ / \ / ,� / Tie: \ // ���/,��� S73°54'19"W NN / / N 31.6' N / N / N / / \ // �4 Center Line of 10' Strip °�� U/G Electric Easement //���/XI / / TOWN OF LOS ALTOS HILLS PARCEL ONE B116 O.R. 462 VOAD a D�� APN 182-04-073 � n„ See: SJL-11725 44 a np For 0/H Line � v�4 LD#2306-03-1388 wi SW1/4 OF SW1/4 Applicant: SCALE DATE Town of Los Altos Hills 1 " = 50' 4-16-07 SECTION TOWNSHIP RANGE MERIDIAN COUNTY OF:Santa Clara CITY OF: Los Altos Hills 25 6S 3W MDB&M F.B.: DR.BY: KC CH.BY: DN PLAT MAP F-10-15 PG&E ( De Anza 30449755 SJL-14522 REFERENCES Baseball Field, Purissima Rd. DIVISION AUTHORIZ DRAWING NO. • S. Pacific Gas and Electric Company [j & Exhibit "B" GRANT OF EASEMENT DISCLOSURE STATEMENT111 This Disclosure Statement will assist you in understanding your rights as a property owner when granting an easement to Pacific Gas and Electric Company(PG&E)to accommodate your, or your neighbor's,new utility service extension. 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, pursuant to PG&E's Electric and Gas Line Extension Rules 15 and 16, as authorized by the California Public Utilities Commission. As this is an accommodation to a single customer or group of customers and not PG&E, the California Public Utilities Commission has not authorized PG&E to purchase such easements. • By granting this easement to PG&E, the facilities installed within the easement across your property may be used to serve additional customers in the area. • 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. • The description of the location in which the PG&E utility facilities are to be installed upon, in, on, or across your property must be satisfactory to you. • The California Public Utilities Commission has authorized that the applicant may perform the installation of certain utility facilities for utility service. In addition to granting this easement to PG&E,you will need to give your consent to the applicant, or applicant's contractor, working 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 granting the easement to PG&E of your own free will. Please return the signed and notarized Grant of Easement and this Disclosure Statement to PG&E. The duplicate copy of the Grant of Easement and this Disclosure Statement is for your records. • • Distribution Easement(Rev.01/07) RECORDING REQUESTED BY AND RETURN TO: PACIFIC GAS AND ELECTRIC COMPANY San Jose Land Services Office 111 Almaden Blvd,Room 814 San Jose, CA 95115 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 Signature of declarant or agent determining tax (SPACE ABOVE FOR RECORDER'S USE ONLY) LD# EASEMENT DEED TOWN OF LOS ALTOS HILLS, a public body of the state of California, hereinafter called first party, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called second party, the right from time to time to construct, reconstruct, install, inspect, maintain, replace, remove, and use facilities of the type hereinafter specified, together with a right of way therefor, within a strip or parcels of land or along a route as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands of first party situate in the City of the Town of Los Altos Hills, County of Santa Clara, State of California, described as follows: (APN: 182-04-073) • The two parcels of land, one described in the deed from Laszlo L. Nemeth and wife to the City of the Town of Los Altos Hills dated August 9, 1972 and recorded in Book E787 of Official Records at page 164, Santa Clara County Records, and the other described and designated PARCEL ONE in the deed from Palo Alto Unified School District of Santa Clara County to the City of the Town of Los Altos Hills, dated April 16, 1974 and recorded in Book B116 of Official Records at page 462, Santa Clara County Records. Said facilities shall consist of: Such underground conduits, pipes, manholes, service boxes, wires, cables, and electrical conductors; aboveground marker posts, risers, and service pedestals; underground and aboveground switches, fuses, terminals, and transformers with associated concrete pads; and fixtures and appurtenances necessary to any and all thereof, as second party deems necessary for the distribution of electric energy and communication purposes located within the strip of land of the uniform width of 10 feet, the center line of which is delineated by the heavy dashed line shown upon the print of second party's Drawing No. SJL-14522 attached hereto and made a part hereof. GRANTORS COPY • • • First party further grants to second party the right from time to time to trim or to cut down and clear away any and all trees and brush now or hereafter along said route or within said strip and shall have the further right from time to time to trim and to cut down and clear away trees on each side along said route or within said strip which now or hereafter in the opinion of second party may be a hazard to the facilities installed hereunder by reason of the danger of falling thereon, provided, however, that all trees which second party is hereby authorized to cut and remove, if valuable for timber or wood, shall continue to be the property of first party, but all tops, lops and brush shall be burned or removed by second party. First party shall not erect or construct any building or other structure or drill or operate any well under or within 5 feet of the center line of the facilities installed hereunder by second party. First party further grants, to second party the right to assign to another public utility as defined in Section 216 of the California Public Utilities Code the right to install, inspect, maintain, replace, remove and use communications facilities within said strip, or route (including ingress thereto and egress therefrom). First party acknowledges that they have read the attached "Grant of Easement Disclosure Statement", Exhibit"B", which by this reference, is made part of this Easement Deed. The legal description herein, or the map attached hereto, defining the location of this utility distribution easement, was prepared by Pacific Gas and Electric Company pursuant to Section 8730 (c) of the Business and Professions Code. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. Dated IJP , 2007 . TOWN OF LOS ALTOS HILLS By / ,• By • • The Area, Region or Location: Area 3 San Jose Land Service Office Operating Department: Electric Distribution USGS location(MDB&M and T6S, R3W, Section 25, SW1/4 OF SW1/4) FERC License Number:N/A PG&E Drawing Number: SJL-14522 PLAT NO.: F-10-15 LD of any affected documents: 2306-01-1388 LD of any Cross-referenced documents:N/A TYPE OF INTEREST: 4,43 SBE Parcel Number: N/A (For Quitclaims, %being quitclaimed)N/A Order# or PM#: 30449755 JCN:N/A County: SANTA CLARA Utility Notice Numbers: 851 Approval Application No. N/A Decision Prepared By: KC Checked By: DN Revision Number: 0 • • STATE OFC• I ' IA COUNTY O' ._.WI C- f r On 6 �ky f 6 before me, 1) od e' Sly oA! I g6+ 6-1.".‘" //')u. h 12 (here insert name and title of the . icek.) personally appeared 0 AG G.._ r Ar. _ .4 _ P " G ! _ personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)ji/are subscribed to the within instrument and acknowledged to me that he{she/they executed the same in 14sAaor/their authorized capacity(ies),and that by his4ief{their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. Itm ttimu ummunnuunnmimemmunmmun DOUG SHON y ou, � COMM.#1671203 WITNESS my hand and official seal Ey x •.NOTARY PUBLIC-CALIFORNIA a $.xlg/ SAMA CLARA COUNTY .�.• My Comm.Exp.June 5,2010 a Wuuiuuuuunmmmmlmuumnmmmmmuuumummuuum umi Signa (Seal) CAPACITY CLAIMED BY SIGNER [ ]IndividuaI(s)Signing For Oneself/Themselves [ ]Corporate Officer(s)of the Above Named Corporation(s) [ ]Guardian of the Above Named Individual(s) [ ]Partner(s)of the Above Named Partnership(s) [ ]Attorney(s)-in-Fact of the Above Named Principal(s) [ ]Other • 1 I 0 r EXHIBIT "A" A \ U. .ISSFoundj,� 3/4" I. P. 203=M-51 -0-.......&"(s X6368 31b TOWN OF LOS ALTOS HILLS / \a kSe��� ;(....- E787 E787 O.R. 164 // °'�o,Q� to / /\°°a // 4 / N // °,� ' \0§)/ Tie: N � N573°54'19"W / % �4) 31.6' N / N / N / N // �� Center Line of 10' Strip °�� U/G Electric Easement //cP / / 7 TOWN OF LOS ALTOS HILLS PARCEL ONE B116 O.R. 462 QiOxiin O�� APN 182-04-073 , , ,„z,_ �� See: SJL-11725 For 0/H Line d4� 44 LD#2306-03-1388 ` .q(91/7), OI SW1/4 OF SW1/4 Applicant: SCALE DATE Town of Los Altos Hills 1 " = 50' 4-16-07 SECTION TOWNSHIP RANGE MERIDIAN COUNTY OF:Santa Clara CITY OF: Los Altos Hills 25 6S 3W MDB&M F.B.: DR.BY: KC CH.BY: DN PLAT MAP F-10-15 PG&E De Anza 30449755 SJL-14522 REFERENCES Baseball Field, Purissima Rd. DIVISION AUTHORIZ DRAWING NO. • • Pacific Gas and Electric Company 1 a Exhibit "B" GRANT OF EASEMENT DISCLOSURE STATEMENT This Disclosure Statement will assist you in understanding your rights as a property owner when granting an easement to Pacific Gas and Electric Company(PG&E)to accommodate your, or your neighbor's,new utility service extension. 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, pursuant to PG&E's Electric and Gas Line Extension Rules 15 and 16, as authorized by the California Public Utilities Commission. As this is an accommodation to a single customer or group of customers and not PG&E, the California Public Utilities Commission has not authorized PG&E to purchase such easements. • By granting this easement to PG&E, the facilities installed within the easement across your property may be used to serve additional customers in the area. • 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. • The description of the location in which the PG&E utility facilities are to be installed upon, in, on, or across your property must be satisfactory to you. • The California Public Utilities Commission has authorized that the applicant may perform the installation of certain utility facilities for utility service. In addition to granting this easement to PG&E,you will need to give your consent to the applicant, or applicant's contractor, working 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 granting the easement to PG&E of your own free will. Please return the signed and notarized Grant of Easement and this Disclosure Statement to PG&E. The duplicate copy of the Grant of Easement and this Disclosure Statement is for your records.