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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. I -,I prew a I a 1 plin ff,'-4 V 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 la 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 6 (D f » k I kk � cc bo - to co A || # k� $ R k I kk |I � / \�� � � 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 [S-7 (TIT -11 Zal! r���►*ir��.�rra City Attorney (signature)