HomeMy WebLinkAboutPW PG&E Tower Easement Modification Agreement____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: June 17, 2024
Disposition: Resolution 15305
Agenda Item No: 4.m
Meeting Date: June 17, 2024
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
April Miller, Public Works Director
Prepared by: Megan Kelly, Assistant Civil Engineer City Manager Approval: __________
TOPIC: PG&E TOWER EASEMENT MODIFICATION AGREEMENT
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN EASEMENT
MODIFICATION AGREEMENT WITH PACIFIC GAS AND ELECTRIC COMPANY
(PG&E) FOR THE TOWER EASEMENT ON APNs 009-032-06 and 009-032-07
RECOMMENDATION:
Adopt resolution authorizing the City Manager to execute an easement modification agreement with
Pacific Gas and Electric Company for the tower easement on APN 009-032-06 and APN 009-032-07.
BACKGROUND:
The City of San Rafael owns parcels with APNs 009-032-06 and 009-032-07, which are the Albert J.
Boro Library and Community Center and Pickleweed Park properties. The Dundon Company previously
owned the properties. The Dundon company granted a tower easement to PG&E that allows the
company the right to erect, construct, reconstruct, replace, repair, maintain, and use a single electrical
distribution tower with a base not exceeding forty (40) feet square on the properties. The easement was
recorded in 1913 and continues to be attached to the properties.
ANALYSIS:
PG&E needs to replace the existing tower with a larger one to accommodate the electricity needed to
serve the area and meet current design standards. They have proposed an easement modification
agreement to increase the tower area from forty (40) square feet to eighty-five (85) square feet. The
new tower and revised easement area are not expected to impact normal operations on the property.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
RECOMMENDED ACTION:
Adopt resolution authorizing the City Manager to execute an easement modification agreement with
Pacific Gas and Electric Company for the tower easement on APNs 009-032-06 and APN 009-032-07.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
ATTACHMENTS:
1. Resolution
2. Easement Modification Agreement
RESOLUTION NO. 15305
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO EXECUTE AN EASEMENT
MODIFICATION AGREEMENT WITH PACIFIC GAS AND ELECTRIC
COMPANY (PG&E) TO MODIFY AN EXISTING TOWER EASEMENT ON APNs
009-032-06 and 009-032-07
WHEREAS, the City owns parcels with APNs 009-032-06 and 009-032-07
and there exists a tower easement granted to PG&E that allows the company the
right to erect, construct, reconstruct, replace, repair, maintain, and use a single
electrical distribution tower having a base not to exceed forty (40) feet square on
the properties; and
WHEREAS, PG&E has proposed an easement modification agreement
that will increase the tower area from one thousand six hundred (1,600) square
feet to seven thousand two hundred and twenty-five (7,225) square feet to
accommodate a larger tower designed to provide the electricity needed for the
area and meet current design standards; and
WHEREAS, the grants of easements are not expected to impact normal
operations on the property.
NOW, THEREFORE, IT IS HEREBY RESOLVED as follows:
1. That the City Council of the City of San Rafael, California, authorizes the
City Manager to execute an easement modification agreement with Pacific
Gas and Electric Company to modify an existing tower easement on APNs
009-032-06 and APN 009-032-07.
I, LINDSAY LARA, 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 said City held on the 17th day of
June, 2024, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Kertz & Llorens Gulati
LINDSAY LARA, City Clerk
Easement Modification Agreement -General (Rev 03/2022)
RECORDING REQUESTED BY AND RETURN
TO:
PACIFIC GAS AND ELECTRIC COMPANY
300 Lakeside Drive, Suite 210
Oakland, CA 94612
Attn: Land Rights Library
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.l (a) (2); This
document is subject to Documentary Transfer Tax
Signature of declarant or agent determining tax
LD# 2401-06-10162
2024014 (01-23-094) 03 24 02
Ignacio-Alto-Sausalito 60kV 07/54 Tower Replacement
(SPACE ABOVE FOR RECORDER'S USE ONLY)
EASEMENT MODIFICATION AGREEMENT
CITY OF SAN RAFAEL, A CHARTER CITY AND MUNICIPAL CORPORATION ("First
Party"), makes this agreement ("Agreement") with PACIFIC GAS AND ELECTRIC
COMPANY, a California corporation ("Second Party"), affecting the lands of First Party, situated
in the City San Rafael, County of Marin, State of California, and described as follows:
(APN 009-032-06 & 009-032-07)
That certain piece or parcel of land which is bounded on the north by San Rafael Creek;
on the east by the Bay of San Francisco; on the south by the lands of the Marin Realty
Company; and on the west by the right-of-way of the Bay Counties Railway.
Said lands of First Party are more particularly described as follows:
The three parcels ofland described and designated PARCEL ONE and PARCEL TWO in
the deed from San Rafael Successor Agency, a public body, corporate and politic, to the
City of San Rafael, a charter city and municipal Corporation, dated February 7, 2017 and
recorded in Document Number 2017-0006007, Marin County Records, and the other
described in the deed from San Rafael Successor Agency, a public body, corporate and
politic, to the City of San Rafael, a charter city and municipal Corporation, dated February
7, 2017 and recorded in Document Number 2017-0006005, Marin County Records.
Second Party is the owner of the following right of way and easement within First Party's
said lands (the "Easement"):
-1 -
The easement deed from DUNDON COMPANY (predecessor in interest) to Pacific Gas
and Electric Company dated January 81\ 1913 and recorded in Liber 148 of Deeds at page 3 70 ,
Marin County Records.
Second Party desires, and First Party is willing, to modify the parcel of land described in
the Easement, and is more particularly described as follows:
A single tower having a base not exceeding forty ( 40) feet square, at a point upon the lands the
party of the first part hereinafter described (which point has been heretofore designated and
agreed upon by the parties hereto), and wires suspended between the said tower and towers
situate on adjoining lands (belonging to persons other than the party of the first part) and
supported thereby, and wires for telephone and telegraph purposes and all necessary and proper
cross-arms, braces, connections and other appliances and fixtures for use in connection
therewith.
Shall be stricken and replaced with:
A single tower having a square base not exceeding eighty-five (85) feet in length per side, at a
point upon the lands the party of the first part hereinafter described (which point has been
heretofore designated and agreed upon by the parties hereto), and wires suspended between
the said tower and towers situate on adjoining lands (belonging to persons other than the party
of the first part) and supported thereby, and wires for telephone and telegraph purposes and all
necessary and proper cross-arms, braces, connections and other appliances and fixtures for use
in connection therewith, and more particularly described in Exhibit "A" and shown upon
Exhibit "B" attached hereto and made a part hereof.
NOW, THEREFORE, in consideration of the foregoing and for good and valuable
consideration paid to First Party by Second Party, the receipt of which is hereby acknowledged,
the parties agree that the Easement shall be modified in the manner and to the extent hereinbefore
stated and First Party hereby grants to Second Party the rights necessary to effect such
modification.
Except as expressly set forth herein, this Agreement shall not in any way alter, modify, or
terminate any provision of the Easement.
This Agreement may be executed in multiple counterparts, each of which shall be deemed
an original, but all of which, together, shall constitute one and the same instrument.
This Agreement 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.
-2 -
IN WITNESS WHEREOF the parties hereto have executed this Agreement this __
day of _________ ~ 20 __
"First Party" "Second Party"
CITY OF SAN RAFAEL, A CHARTER CITY PACIFIC GAS AND ELECTRIC
AND MUNICIPAL CORPORATION COMPANY, a California corporation
By: ___________ By:
-3 -
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 ______________ _
On _____________ . before me , ___________________ Notary Public ,
Insert name
personally appeared _________________________________ _
who proved to me on the basis of satisfactory evidence to be the person(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 the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
Signature of Notary Publi c
C p ER
[ ] 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
-4-
(Seal)
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 _______________ _
On ____________ , before me. ___________________ Notary Public,
Insert name
personally appeared ----------------------------------
who proved to me on the basis of satisfactory evidence to be the person(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 the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
Signature of Notary Public
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)
[ ] Attomey(s)-in-Fact of the above named Principal(s)
[ ] Other
-5 -
(Seal)
Attach to LO: 2401-06-10162
Area, Region or Location: 7
Land Service Office: Concord
Line of Business: Electric Transmission (42)
Business Doc Type: Easements
MTRSQ: 24.01.06.02.14
FERC License Number: NI A
PG&E Drawing Number: L-10694
Plat No.: NIA
LD of Affected Documents: 2401-06-0043
LO of Cross Referenced Documents: NI A
Type of interest: Electric Tower Line Easements (2), Communication Easements (6), Easement
Modifications Agreements ( 41)
SBE Parcel: NI A
% Being Quitclaimed: NI A
Order or PM: 74052573
JCN: 01-23-094
County: Marin
Utility Notice Number: NI A
851 Approval Application No: NI A ;Decision: NI A
Prepared By: SGHD
Checked By: DAKQ
Approved By:
Revised by:
-6 -
EXHIBIT A
All of the parcel situate in the City of San Rafael, County of Marin, State of California, being a portion of
Lot 11 of Block 19 of the Map of East San Rafael filed in Book 2 of Maps at page 109 Marin County
Records more particularly described as follows:
COMMENCING at a found 3.5 inch diameter brass disk monument stamped "PG&E Co Survey Marker"
set in concrete in the centerline of Canal Street per that Record of Survey filed on July 22, 1976 in Book
13 of Surveys at page 45 whence a found 1/8 inch brass pin monument in standard city monument well
near the intersection of Canal St with Sorrento Way as shown on said Record of Survey bears S 14° 09'
40" W 295.89 feet and N 48° 06' 24" W 977.74 feet as shown on said Record of Survey for a resultant
measured course ofN 65° 25' 22" W 879.95 feet (879.93 as shown on said record) being the Basis of
Bearings of the herein described parcel;
thence along the occupied centerline of the transmission line as shown on said survey N 14° 09' 40" E
1010.02 feet, crossing Lots 6 through 10 of said Block 19 to a point in said Lot 11 for the POINT OF
BEGINNING;
thence N 75° 50' 20" W 42.50 feet;
thence N 14° 09' 40" E 85.00 feet to a point for the northwest comer of the herein described parcel
whence a found 2 inch brass disk in the concrete sidewalk near the southeasterly right-of-way boundary
of Point San Pedro Road bears N 44° 09' 23" W 1390.62 feet, said monument designated SP! per that
Record of Survey filed May 14, 1974 in Book 12 of Official Surveys at page 25;
thence S 75° 50' 20" E 85.00 feet;
thence S 14° 09' 40" W 85.00 feet;
thence N 75° 50' 20" W 42.50 feet to the POINT OF BEGINNING and containing approximately 7225
square feet of land.
This description is based on a field survey performed under my supervision on September 26, 2023
David
Kendall
David Kendall
LO 2401-06-10162
Digitally signed by
David Kendall
Date: 2024.05.22
15:46:55 -07'00'
LS 9405
-7 -
T. 1 N., R. 6 W., NW 1/4
OF NE 1/4 SEC. 2 M.D.M.
LEGEND
0 20 40
1 INCH = 40 FEET
• -FOUND 1/8" BRASS PIN MONUMENT AS SHOWN Rl R2
BY
DR
CH
0
(Rl)
(R2)
P.O.C.
P.O.B.
I
-FOUND MONUMENT AS NOTED
-BOOK 12 SURVEYS PAGE 25
-BOOK 13 SURVEYS PAGE 45
-POINT OF COMMENCEMENT
-POINT OF BEGINNING
-TIE LINE
-PG&E EASEMENT LINE
-MONUMENT LINE
-STREET CENTERLINE
-RECORD PARCEL
BOUNDARY
11 M90
AUTHORIZATION EXHIBIT 11 B11 74052573
E4BK IGNACIO-ALTO-SAUSALITO 007 /054
SGHD TOWER EASEMENT MODIFICATION
LD# 2401-06-10162
DAKQ SAN RAFAEL, CALIFORNIA
FOUND 2" BRASS DISK
SPl PER Rl
C2 PER Rl BEARS
S20°22'11"E 2224.29 1
(S20°26 1Sl 11 E 2221.06 1
) Rl
JCN
I
01-23-094
.
I
I
' ' I
' ' I
m AREA AREA 7, NORTH BAY
COUNTY MARIN
SCALE 1 INCH = 40 FEET
SHEET NO. 1 OF 1
O.K. DAKQ LAND DRAWING NUMBER CHANGE PACIFIC GAS AND ELECTRIC COMPANY SNGIN!reRIN G
L-10694 0 DATE 05/20/2024 Oakland California