HomeMy WebLinkAboutPW Easement to MMWDCrry OA
Department: Department of Public Works
Prepared by:
Nader Mansourian (KM)
Agenda Item No: 3.g
Meeting Date: April 2, 2013
SUBJECT: RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL
GRANTING AN EASEMENT TO MARIN MUNICIPAL WATER
DISTRICT FOR CONSTRUCTION AND MAINTENANCE OF A
WATER MAIN EXTENSION NEXT TO #35 JUNIPERO SERRA AVE.
(APN 016-131-09) AND AUTHORIZING THE MAYOR TO SIGN THE
EASEMENT AGREEMENT.
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Staff recommends that the City Council adopt Resolution granting a waterline easement across
City owned property.
SUMMARY/BACKGROUND:
In October 2012 Marin Municipal Water District (MMWD) notified the Department of Public
Works that they were interested in connecting the water distribution system located on Morgan
Lane to the water distribution system on Junipero Serra Avenue. MMWD is planning to replace
the older system on Morgan Lane and needs to connect to a water pump station located in the
roadway of Junipero Serra Ave. In order to make this connect, MMWD needs to cross through a
small parcel owned by the City of San Rafael. The City has issued a temporary Encroachment
permit in order for MMWD to proceed with their immediate work; however, a permanent
easement is required for this new facility. A 20 -foot wide standard easement is recommended for
this connection on Parcel No. 016-131-09.
FOR CITY CLERK ONLY
File No.: �2- -its 151
Council Meeting: �t3l
Disposition: kesoe- 0-ricNi /
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
ANALYSIS:
The proposed Easement Agreement would authorize a 20 -foot wide water pipeline easement by
Marin MMWD across an area of approximately 574 square feet on the approximately 15,500
square foot City parcel. The City acquired title to this tax sale deeded parcel for $128.05 under
an Agreement with the County Tax Collector in 1980 for this parcel and four other parcels. This
parcel is currently vacant of any above -ground structures, but the parcel is encumbered by a 20 -
foot wide private sanitary sewer easement that serves an adjoining property at 10 Morgan Lane.
In addition, the parcel is encumbered by a PG&E easement. Finally, given the size and shape of
the parcel, Staff is informed by the Planning Division that the parcel is not developable for
residential or commercial purposes. Accordingly, although the parcel is zoned RH-20, staff
understands that this parcel only can be used for open space purposes. The encumbrance of the
parcel by the proposed water pipeline easement would not diminish the fair market value of the
parcel in any significant way, and the value of the easement is nominal.
City Council Resolution No. 5734 which is attached hereto provides that if the City Council finds
there is merit in the grant of an easement on City property, the proposed grant of easement shall
be referred to the Planning Commission for its review and recommendation and determination of
consistency with the General Plan. However, since public utility easements, such as the proposed
water pipeline easement, are typical in all residential, commercial, and other land use areas of the
City, the Planning Division has opined that there is no question that the proposed Easement
Agreement is consistent with the City's General Plan, and a referral to the Planning Commission
for a General Plan consistency determination would be an unnecessary use of the Planning
Commission's time.
City Council Resolution No. 5734 also provides for payment of "fair market value" for the
property that is the subject of the disposition, and provides that there be an appraisal by City staff
or by an outside fee appraiser. As noted above, the value of the proposed water pipeline easement
is deemed by Staff to be nominal, and Staff recommends that a valuation of the easement be
determined based upon staff time spent in working on the proposed Easement Agreement. This
is a practice that has been followed in the past with the grant of similar easements across City
property. In 1993, when bringing the aforementioned grant of a private sanitary sewer easement
across this same parcel to the City Council for approval, Public Works staff recommended that
the City Council value the easement as equivalent to the staff time spent in handling the
easement request, then estimated to be $350. In 1994, when bringing an MMWD water pipeline
easement across City Open Space to the City Council, Public Works staff advised the City
Council that it had determined that the appropriate fee for such an easement would be equivalent
to the value of staff time spent in processing the easement request, then estimated to be $315. In
this case, Staff has determined that $1,700 of City staff time has been expended in working on
the proposed Easement Agreement. including 5 hours by the City Attorney's office and
approximately 8 hours by the Public Works Department. We recommend the City Council
condition the City's approval of the proposed Easement Agreement upon the payment by
MMWD of $1,700 to the City.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pau: 3
FISCAL IMPACT:
There is no anticipated fiscal impact to the City other than the receipt of the payment of $1,700
from MMWD.
Enclosures: Resolution
Easement Agreement
Assessor's Parcel Map No. 16-13
Resolution No. 5734
CITY OF SAN RAFAEL
SAN RAFAEL, CALIFORNIA
TO: Diane Wachter
DATE: April 9, 2013
FROM: Esther C. Beirne
SUBJECT: MMWD Easement
Hi Diane:
When this is signed, could you please ask MMWD to forward a copy to me, or if they
send to you, just let me have a copy.
Many thanks
1400 Fifth Avenue, Room 209, P.O. Box 151560, San Rafael, CA 94915-1560
Phone: (415) 485-3066 Fax: (415) 485-3133 TDD: (415) 485-3198
RESOLUTION NO. 13524
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL GRANTING AN
EASEMENT TO MARIN MUNICIPAL WATER DISTRICT FOR CONSTRUCTION
AND MAINTENANCE OF A WATER MAIN EXTENSION NEXT TO #35 JUNIPERO
SERRA AVE. (APN 016-131-09) AND AUTHORIZING THE MAYOR TO SIGN THE
EASEMENT AGREEMENT.
WHEREAS, Marin Municipal Water District (MMWD) has requested an easement across
Assessor's Parcel No. 016-131-09, owned by the City of San Rafael, for construction and maintenance of
water main improvements which will connect existing facilities on Motgan Lane to those on Junipero
Serra Avenue; and
WHEREAS, MMWD is acting on the public's behalf to improve water distribution to the
citizens of San Rafael and thus constitute a public benefit;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
San Rafael, California, that it approves and authorizes the Mayor to execute the Easement Agreement
with Marin Municipal Water District for the installation and maintenance of water main improvements on
the City's property (Assessor Parcel No. 016-131-09) in a form approved by the City Attorney, for
recordation by Marin Municipal Water District, following adoption of this resolution, upon payment to
the City of $1700.
1, ESTHER BERINE, 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 2nd day of April, 2013, by the following vote, to wit:
AYES: COUNCILMEMBERS: Colin, Connolly, Heller, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
--q
ESTHER BERINE, City Clerk
File No.: 09.05.09
Recording for the Benefit of MMWD, No Fee, Govt. Code 6103.
Value less than $100.00
Recording Requested By:
Stanley Graham
Real Property Agent
When recorded return to:
Stanley Graham
Marin Municipal Water District
220 Nellen Avenue
Corte Madera CA 94925-1169
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT("Agreement"), is made and entered into as of
this 2nd day of April, 2013, by and between the City of San Rafael ("Grantor"), and the
Marin Municipal Water District, a municipal corporation ("District").
For valuable consideration, receipt of which is hereby acknowledged, the parties agree
as follows:
Section 1. Recitals:
A. Grantor is the owner of a certain piece of real property being described in the
document recorded on August 25, 1980, under Document No. 3751085-80, Marin
County Records ("Property") APN 016-131-09.
B. Grantor desires to convey a non-exclusive easement over a portion of the Property
to the District for the purposes described below.
C. The District intends to install facilities on the Property and has asked Grantor to
grant the District an easement as described below.
Section 2. Grant of Easements:
A. As the owner of the Property, Grantor hereby grants the District, its successors,
and assigns, a non-exclusive easement, over the lands described in Exhibit A,
incorporated herein as if fully set forth ("Easement").
B. The Easement described in Section 2(A) shall be held subject to the following
terms and conditions:
The District is granted the right to lay, maintain, repair, remove, replace and
operate a pipeline or pipelines of such dimension or dimensions as the
District elects to install, together with the right to construct and maintain such
meters, valves and other facilities as may be necessary or convenient in
connection with storage, transmission and delivery of water, including
reasonable ingress and egress over paved adjoining lands of Grantor for the
construction, repair and maintenance of such pipeline(s) and facilities
("Improvements").
Any pipeline shall be installed underground so that the top of the pipeline is
a minimum of 30 inches below the natural ground surface for the entire
length of the pipeline within the easement.
iii. Any above -ground meters, valves, facilities or other fixtures necessary and
appurtenant to any underground pipeline shall not exceed four (4) feet in
height and shall have a total square footage less than 25 square feet, shall
be painted and maintained with earthtone colors, and shall be subject to the
Grantor's approval as to design and location. Any such fixtures shall be
maintained free of graffiti at all times by District.
iv. Grantor reserves the right to use the Easement for any and all purposes that
will not unreasonably interfere with District's use of the Easement and
operation of the Improvements, including sanitary sewer, storm drainage, or
other utility purposes. No structures, fill, or other improvements shall be
placed on or over the Easement that interfere with or impede access to the
use, repair, replacement, or maintenance of the installations in the
Easement. Provided there is no interference with the District's use as
described herein, Grantor may use or grant additional easements to others
for uses including, but not limited to, ingress and egress.
V. Grantor reserves and shall have the right to revise the grade of the surface or
the location of the Easement, if and when Grantor shall first pay to the
District the full expense of changing the grade or location of the pipeline(s)
and other installations of the District therein if that is reasonably determined
by District to be necessary to protect such Improvements. In the event of a
change in grade, the District will determine if the grade change requires the
raising or lowering of the pipeline or other installation. The District, in its sole
discretion, shall determine all costs associated with the change in grade. If
Grantor desires a change in the location of the Easement, Grantor shall first
grant District a suitable new easement approved by the District, which
approval shall not be unreasonably denied.
vi. The District is under no obligation to install or to maintain any additional
surfacing on the Easement, unless it is a condition of improving District
access to repair, replace, maintain, or to use the installations in the
Easement. The District shall maintain the easement as Open Space and
shall not install any additional improvements without written approval from
the City. The District shall not be liable for any contribution under the
provisions of California Civil Code Section 845.
Section 3. Construction of Improvements:
The District may construct Improvements in the Easement as described in Section 2(B)
(i) -(iii). The District shall give Grantor at least ten (10) business days written notice prior
Easement Agreement — City of San Rafael and MMWD
2
to the commencement of construction of the Improvements in the Easement. If any
portion of the Property is damaged during the duration of the construction project, the
District shall assume the loss as provided in Paragraph 4 hereafter.
Section 4. Damages to the Property:
If District damages any portion of the Property during construction of the Improvements,
by reason of leakage or other failure of any part of the underlying District pipelines or
other facilities installed hereunder, or by reason of the District exercising its rights
hereunder for purposes of repair, maintenance, or operation of the Improvements, or for
any other purpose, then the District shall assume the loss.
If the District undertakes any repair on any portion of the Property damaged by District,
the District's work shall conform to applicable standards of the construction industry.
The District shall replace or repair any portion of the Property, damaged by the District,
to the conditions that previously existed, reasonable wear and tear excepted, to the
Grantor's reasonable satisfaction. Alternatively, District shall reimburse Grantor for its
reasonable costs in repairing the damages to the Property.
Section 5. Damages to the Improvements:
The Grantor shall reimburse District for District's reasonable costs in replacing or
repairing any damage to the Improvements caused by Grantor or its agents or
representatives.
Section 6. Hold Harmless:
District shall indemnify, defend, and hold harmless Grantor, its officers, employees and
agents, against any action, claim, demand, judgment, loss, liability or expense of any
kind, including attorney's fees, arising out of or resulting in any way, in whole or in part,
from the execution of this Agreement, or from the actions or omissions, intentional or
negligent, of District in the installation of the Improvements or the maintenance, repair,
removal, replacement or operation of such Improvements under this Agreement.
Grantor agrees to indemnify, defend, and hold harmless the District, its officers,
directors, agents, and employees, attorneys and representatives, for any and all claims,
demands, actions (including but not limited to personal injury/wrongful death, premises
liability, and workers compensation), interest, rights, costs, damages, attorney's fees,
suits and/or causes of action, whether based on tort, contract, statute or other ground or
authority, arising out of the Grantor, its employee's agent's or representatives' use of
the Property.
This Agreement is executed voluntarily by each of the parties hereto, all of whom have
had the opportunity to obtain legal advice by independent counsel of their choice as to
the content and effect of this Agreement.
Easement Agreement — City of San Rafael and MMWD
3
Section 8. Authorization:
Each signatory to this Agreement warrants that he or she has full authority to execute
this Agreement on behalf of and thus bind the individual, or entity represented.
Section 9. Entire Agreement:
This Agreement contains the entire agreement and understanding between the parties.
Section 10. Binding on Successors:
This Agreement shall bind and inure to the benefit of the respective successors and
assigns, of each of the parties.
Section 11. Paragraph Headings:
Paragraph headings are used for reference purposes only and are not intended to
describe, interpret, define or limit the scope or extent of this Agreement or any of its
provisions.
Section 12. Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the
state of California.
Section 13. Counterparts:
This Agreement may be executed in any number of counterparts, each of which shall be
an original, but all of which taken together, shall constitute one instrument.
Section 14. Facsimile Signatures:
The parties agree that this Agreement, documents ancillary to this Agreement and
related documents to be entered into in connection with this Agreement will be
considered signed when the signature of a party is delivered by facsimile transmission.
Such facsimile signature shall be treated in all respects as having the same effect as an
original signature.
Section 15. No Presumption Regarding Drafter
The parties acknowledge and agree that the terms and provisions of this Agreement
have been negotiated and discussed between the parties and their attorneys, and this
Agreement reflects their mutual agreement regarding the same. Because of the nature
of such negotiations and discussions, it would be inappropriate to deem any party to be
the drafter of this Agreement, and therefore no presumption for or against validity or as
to any interpretation hereto, based upon the identity of the drafter shall be applicable in
interpreting or enforcing this Agreement.
Easement Agreement — City of San Rafael and MMWD
4
In Witness whereof, the parties have executed this Agreement as of the date first
hereinabove written.
GRANT0114THE CITYPF SAN RAFAEL
By: _
Gary
Attest:
Esther C. Beirne, City Clerk
Approved as to Form:
Robert F. Epstein, City Attorney
DISTRICT: MARIN MUNICIPAL WATER DISTRICT
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General Manager
Attest:
Secretary
Approved as to Form:
Mary R. Casey, General Counsel
Attachment:
Exhibit A — Legal description
Exhibit B — Plat map
MMWD Seal:
Easement Agreement — City of San Rafael and MMWD
5
Certificate of Acceptance
EXHIBIT A
An easement for municipal pipeline purposes over a portion of the lands of The City of
San Rafael, said lands lying situate in the City of San Rafael, County of Marin, State of
California, said lands of the City of San Rafael being described in
the document recorded on August 25, 1980, under Document No. 3751085-80, Marin
County Records, said easement for municipal pipeline purposes being a strip of land 20
feet in width, the northerly line of said 20 foot strip being more particularly described as
follows:
Commencing at the southwesterly corner of the lands of O'Neil, said lands of O'Neil,
being described in the document recorded on December 14, 2004, under Document No.
2004-0104326, Marin County Records, said lands of O'Neil also being shown as Lot 47,
on that certain map titled "Map of Villa Real, Unit One, San Rafael, California", recorded
on June 2, 1956, and filed in Volume 8 of Maps, at page 66, thence;
Proceeding from said southwesterly corner of the lands of O'Neil, South 1 0 00' East,
along the westerly line of said Lands of the City of San Rafael, a distance of 60.89 feet
to the True Point of Beginning, thence;
Leaving said westerly line of said lands of the City of San Rafael, North 890 00'00"
East, a distance of 27.09 feet to terminate at the westerly line of Junipero Serra Avenue,
as Junipero Serra Avenue is shown on said "Map of Villa Real, Unit One".
The area encompassed by the description stated above is 573.8 square feet.
The Basis of Bearings for the description stated above is the same as that shown on
said "Map of Villa Real, Unit One".
End of 20 foot easement description.
L. Keith Vincent, PLS 8248
THIS IS TO CERTIFY that the interest in the real property conveyed by the Easement Agreement, dated 20 from
to the MARIN MUNICIPAL WATER DISTRICT, a local public agency, washereby
accepted by order of the BOARD OF DIRECTORS of the MARIN MUNICIPAL WATER DISTRICT on
subject to the terms and conditions of said Easement Deed, and the MARIN MUNICIPAL WATER
DISTRICT consents to the recordation thereof by its duly authorized Officer.
DATED: BY:
Real Property Agent
Easement Agreement — City of San Rafael and MMWD
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RESOLUTION NO. 5734
A RESOLUTION OF THE CITY OF SAN RAFAEL
ESTABLISHING A POLICY FOR THE SALE OF
SURPLUS LAND AND GRANT OF EASEMENT OR
OTHER PROPERTY RIGHTS
WHEREAS, public interest, convenience and necessity from time to time
require the City to sell parcels of land which have become surplus to the City's
needs or to grant easements and the like on City property; and
WHEREAS, the City Charter does not limit nor provide for the disposition
of City property in any special manner other than by ordinance as specified in
Article VII, Section 7;
WHEREAS, it is desirable that the City have a standard policy for the
sale or other disposition of land so that such sales may be held in a routine manner
as the occasion arises;
NOW, THEREFORE, BE IT RESOLVED that the City of San Rafael adopts the
following policy for sale or other disposition of land:
1. The City Council will review proposals from the City Manager to dis-
pose of surplus City property or grant easements or other rights thereto.
2. If the Council believes there is merit in pursuing the proposed dis-
position of the property, it will refer the proposal to the Planning Commission for
its review and recommendation, and for its determination as to conformity to the
General Plan.
3. All surplus property shall be appraised either by staff or by.
outside fee appraiser before it is offered for sale or other disposition.
4. The Council, on receiving the Planning Commission report and recom-
mendation and the appraisal of the property, shall decide whether or not to dispose
of the property.
5. Before offering surplus City property for sale, City staff shall
comply with the provisions of the Government Code Section 54222, as it may be
amended.
6. Land which is readily marketable and unrestricted in its sales poten-
tial shall be sold to the highest bidder at public auction or by sealed bid,
provided that the highest bid equals or exceeds a minimum unpublished price estab-
lished by the City Council prior to the bid opening. Notice of sale shall be
advertised at least once, ten days prior to the bid opening. After sealed bids are
opened, oral bids will be permitted from those persons who submitted sealed bids
or any other person who can qualify as herein provided. Any oral bid must be ten
ORIGINAL ,>A
percent higher than the highest sealed bid. A certified check or cashier's check
in the amount of ten percent of the bid must accompany any bid submitted. If the
person whose bid is accepted fails to pay the total bid price within thirty days
from the date of acceptance of the bid, the bidder's deposit shall be forfeited as
agreed liquidated damages and the property may be offered for sale to the next
highest bidder. The Council shall be notified of the bids received, or of the fact
that there have been no bids received, if applicable.
7. If no bids were received, or no bids are deemed acceptable (the City
reserving the right to reject any and all bids), then the City Manager or his
designee may proceed with negotiated sale at no less than ninety percent (90%) of
the appraised value, either by private effort or, with approval of the City Attorney,
through listing with a real estate broker for inclusion in the multiple listing
service system. A listing may include payment of commission not to exceed six
percent (5%).
8. Land which is not readily marketable because of odd shape, which is
unsuitable for development by itself, lacks the area to meet the minimum space
requirements for building in its particular zone, is landlocked, or which is other-
wise substantially lacking in its sale potential, may be sold by taking offers or
by negotiation provided that the price compares reasonably with the appraisal. The
grant of easements and the like shall be presented to the Planning Commission for
its evaluation and recommendation to the City Council. The recommendation and fair
market appraisal of the value of the easement or similar property interest shall be
presented to the City Council for its decision, along with a resolution authorizing
execution of a grant deed of easement for the Council's consideration.
9. Where a member of the public initiates a request to purchase City
property or secure rights thereto, said applicant shall deposit a fifty dollar ($50.00)
processing fee payable in addition to the purchase price and refundable only if the
property is sold to a higher bidder.
I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, do hereby
certify that the foregoing Resolution was duly and regularly introduced and
adopted at a regular meeting of said City held on konday _ the
sixth day of _ August _ , 1979, by the following vote, to wit:
AYES: COUNCILMEMBERS: Iireiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JtNiEM. LEONCIN , ity Clerk
CITY OF SAN RAFAEL
INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT,
ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY.
SRRA / SRCC AGENDA ITEM NO. 3.9
DATE OF MEETING: 04/02/13
FROM: Nader Mansourian
DATE: 03/25/13
TITLE OF DOCUMENT:
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL GRANTING AN EASEMENT
TO MARIN MUNICIPAL WATER DISTRICT FOR CONSTRUCTION AND MAINTENANCE OF A
WATER MAIN EXTENSION NEXT TO #35 JUNIPERO SERRA AVE. (APN 016-131-09) AND
AUTHORIZING THE MAYOR TO SIGN THE EASEMENT AGREEMENT.
Department Head (signature)
(LOWER HALF OF FORM FOR APPROVALS ONLY)
APPROVED AS COUNCIL / AGENCY
NOT APPROVED
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City Attorney (signature)