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Home My WebLink AboutCC Resolution 11210 (Easement; PG&E on Canal Street)RESOLUTION NO. 11210 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING EXECUTION OF A GRANT OF EASEMENT FOR ANCHOR PURPOSES TO PACIFIC GAS AND ELECTRIC COMPANY ON A PRESCRIBED PORTION OF CITY'S PROPERTY (AP# 009-032-09) ON CANAL STREET. follow: THE CITY COUNCIL OF THE CITY OF SAN RAFAEL hereby resolves as The Mayor and City Clerk are hereby authorized to execute the grant conveying said easement to Pacific Gas and Electric Company for anchor purposes, including installation and maintenance of Pacific Gas and Electric Company's facilities, on a certain prescribed portion of City's property (AP# 09-032-09) on Canal Street, San Rafael, County of Marin, State of California, a copy of which is attached hereto and incorporated by this reference. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of the said City held on 2nd day of December, 2002, by the following vote, to writ: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None File No.: 09.05.04 JEANNE M. LEONCINI, City Clerk ou �- ��L \ 62-3111 (REV.7-00) AFTER RECORDING, RETURN TO: PACIFIC GAS AND ELECTRIC COMPANY Santa Rosa Land Rights Office III Stony Circle Santa Rosa, CA 95401-9599 Location: City/Uninc Recording Fee Easement, No Consideration (R&T 11911 -Value less than $100.00) [ ] 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) tote :Certified copy of Resol . #11210,adopted by San Rafael City Counci 1 a1;7(24O7dj EASEMENT DEED CITY OF SAN RAFAEL, 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 parcel of land or along a route as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands situate in the city of San Rafael, county of Marin, state of California, described as follows: (Affects a portion of APN 009-032-09) A potion of the parcel of land conveyed by McKeon Construction to the City Of San Rafael by deed dated June 18, 1974 and recorded in Book 2816 of Official Records at page 664, Marin County Records and described as follows: A strip of land of the uniform width of 10.0 feet extending northeasterly from the general northerly boundary line of Canal Street, a city street, and lying 5.0 feet on each side of the line described as follows: Commencing at the southwesterly corner of said lands and running thence along the said general northerly boundary line (a) south 69°32'00" east 60.0 feet to the TRUE POINT OF BEGINNING of said line; thence leaving said general northerly boundary line (1) north 20°28'00" east 15.0 feet to a point within the boundary lines of said lands. Said facilities shall consist of- Such f Such anchors, guy wires and cables, guy stubs, and fixtures as second party deems necessary, located within the strip of land described as follows: The easement granted herein is for anchor purposes only and shall terminate immediately upon either PG&E's determination that this easement is not required or no longer required for anchor purposes or PG&E's disconnection or abandonment of such installations for a period of six months. The legal description is based upon a route survey made by second party in February, 2002. The bearings contained herein are based on the bearings contained herein are based upon the boundary lines of said lands as shown upon the map filed for record in Book 2 of Maps at page 109, Marin County Records. 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. 62-3448 (REV.1 90) SHEET A Second party shall defend (with council reasonably satisfactory to first party), release, indemnify and hold harmless first party, its officers, employees, volunteers and agents (collectively, "indemnitees") from and against any and all liability, loss, injuries, damage, expenses, costs (including without limitation costs and fees of litigation) arising or resulting from the use of the first parties property by second party, its agents, employees, contractors, subcontractors or invitees or from the facilities, structures or improvements of any kind installed or placed on the property by second party, its agents, employees, contractors, subcontractors or invitees, excepting only such loss or damage caused by the sole active negligence or willful misconduct of the indemnitees. Second party shall also have the right to trim and clear away or otherwise control any trees or brush along facilities whenever considered necessary for the complete enjoyment of the rights hereby granted. First party shall not erect or construct any building or other structure or drill or operate any well under or within said strip of land. First party acknowledges that they have read the attached Grant of Easement Disclosure Statement, which by this reference, is made part of this Grant of Easement Deed. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. Dated December 2 , 2002 CITY OF SAN RAFAEL By40-1_ . L ERT BO 0, ayor Title ATTEST: . By AN E"-M-r0N , City C erk Title AREA 7 SANTA ROSA LAND SERVICES OFFICE OPERATING DEPT: DISTRIBUTION T.2N., R.6W., MMB&M SEC. 35 , NE 1/4 of SW 1/4 DRW. #30235331, DIST.MAP #TT33A STATE OF California COUNTY OF Marin I SS. TYPE OF INTEREST -3,43 PM #30235331 COUNTY-MARIN Prepared By: CAM Checked By: DAK FILE: S:\DOCSWAPSR02\30235331 CAPACITY CLAUMD BY SIGNER [ ] Individual(s) signing for oneself/themselves On Dec. 9, 2002 before me, the undersigned, a Notary Public for said [ ] Corporate officers of the above named corporation(s) State, personally appeared Albert J. Boro [ ] Guardian of the above named individual(s) X X personally (mown to me -OR- [ ] proved to me on the basis of satisfactory evidence to be the person(s) [ ] Partner(s) of the above named partnership(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 [ ] Attormy(s)-in-Fact of the above named principal(s) the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature U Nancy Hann, Notary Public A. �~ I NANCY HANN> D COMM, #1248839 NOTARY PUBLIC-CAUFORNIA I < MARIN COUNTY 0 1 v v v v My Comm. Expkns Feb. 4,2004 1 [ ] Trustee(s) of the above named trust(s) X X Other Ma YO r City of San Rafael Pacific Gas and Electric Company 1 8", 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 the 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, or having the applicant or the applicant's contractor 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 installation of certain utility facilities for utility service may be performed by the applicant. 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 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. TX. COORD. Ao 2404-4086 R CITY OF SAN RAFAEL 2 2816 O.R. 664 DATED: 6/18/74 N 20'28'00" E 15.0' S 600, 6932'001. o F TX. COORD. 2313-4057 s LEGEND X = NEW POLE ti O = EXISTING POLE �Q STRIP CONFIGURATION 5' 10' 5' y 1 _L .L CITY,RANCHO,SUBDIVISION,ETC. ANCHOR EASEMENT—CANAL STREET—SAN RAFAEL J 1" = 50' 2/02 SECTION TOWNSHIP RANGE MERIDIAN 35 I 2N I 6W I MDBM NE 1/4 OF SW 1/4 CHG DATE DESCRIPTION AUTH BY CH DR.BY: CAM CH.BY: BGH PG&E MARIN 130235331 I 30235331 REFERENCES NA COUNTY P.M. # DRAWING NO. CHG. 2 MAPS 109 1