HomeMy WebLinkAboutORD 2725-..... ----....--""""-----
ORIGINAl.
ORDINANCE NO. 2722
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
GRANTING AN EASEMENT TO PACIFIC GAS & ELECTRIC
CO~ANY FOR UNDERGROUND GAS LINE PURPOSES
WHEREAS, Pacific Gas & Electric Company (PG&E) currently owns
and operates a 20-inch diameter gas line in the City of Palo Alto,
for the purpose of serving the residents and business of Palo Alto
and adjacent communities; and
WHEREAS, said line is in need of enlargement to better provide
reliable gas service; and
WHEREAS, it is beneficial to PG&E and the City to permit all
or a portion of said gas line to be installed in city-owned baylands
adjacent to the East Bayshore frontage road; and
WHEREAS, said gas line will be installed entirely underground,
and substantial improvements in landscaping, visibility, and parking
facilities to better enable the citizenry to enjoy the baylands area
will be provided, and substantial revenue to the City of Palo Alto
for the underground usa of the lands involved will be paid;
NOW, THEREFORE, the Council of the City of Palo Alto does ORDAIN
as follows:
SECTION 1. An easement for underground gas line purposes, not
to exceed 36 inches in diameter, and for appurtenances, all of which
shall be installed underground (excepting certain markers which may
be at grade} is hereby granted to Pacific Gas & E);.ectric Company,
and L~e Mayor is hereby authorized to-execute the necessary documents
on behalf of the City. Said easement is generally described as a
st:rip of land along East Bayshore Frontage Road near the Palo Alto
Animal Shelter, anothe~ s_trip of-land near the Municipal Service Center
and a third strip of land northerly of Emba~cadero Road near the
existing overhead tower line. Said lands are more particularly
described and delineated in the easement document attached hereto
and incorporated herein by reference. lf/'} 3
'"" 1 -
' \.
• •••• •
SECTION 2. The easement described in Section 1 hereof is subject
to each and every condition, term, and provision of the easement docu
ment attached hereto and incorporated herein by reference and Article
VIII of the Palo Alto Charter and Chapter 22.08 of the Palo Alto
Municipal Code. ,Said easement is further contingent on receipt of the
City of the sum of Twenty~five thousand dollars ($25,000) in full
payment therefor.
SECTION 3. The terms and conditions of the easement attached hereto
a.nd incorporated herei·, by reference along with such other plans,
plots, sketches, diagr~~s which have been viewed by the City Council
as of the enactment of this ordin~1ce, as modified by said Council,
and subject to any further approval c-;£ the City staff or the City
Council as may have been provided in said easement or otherwise, is
hareby adopted as the development plan required by Section 22.08.005
of the Palo Alto Municipal Code and Article VIII of the Charter of
the City of Palo Alto for the lands herein which have been dadicated
for park purposes.
SECTION 4. This ordinance shall be effective L~irty days from
the date of its passage.
INTRODUCED; June 25, 1973
PASSED: July 16, 1973
AYES: Beahrs, Berwald, Clay, Comstock, Henderson, Norton, Sher
NOES: Pearson
ABSENT: Roaenbauqa
Attorney
APPROVED: .
city~
- 2 -
~ager•·
Pysical Services
•. . .. -
.. ' ••
3005-5249 Charleston Creek-San Carlo~ G/L
1 73 6
AFTER RECORDHiG,. RETUpj~ TO:
•
FOR RECORDER'S USE ONLY
CITY OF PALO AL·ro, a municipal corporation of the State of California,
h~~~iilaiter called first narty, in consideration of value paid by PACIFIC
GAS AND ELECTRIC CQ}!PAJTY, a Califo:rnia corporation, hereinafter called second
party, the adequacy and receipt whereof are hereby acknowledged, hereby 6rants
to second party the right to excavate for, install, replace, maintain and use
a pipe line 36 inches in diameter, ~r less, for conveying gas, with necessary
and proper underground valves and other appliances and fittings, and devices for
controlling electrolysis for use in connection with said pipe line, together with
adequate protection therefor, and also a right of way, within the strips of land
which are situate in the City of Palo Alto, County of Santa Clara, State of
California, and d~scribed as follows:
(APN 8-0~02, 8-05--93)
1.. Beginning at a point in the northeasterly boundary line of East
Bay shore Road from ~~hich the 1 inch iron pi pc. (tagged RCE 5597) shown
upon the 'Record of Survey 1!!ap ·filed for record in Book 258 of Maps at
pages 4 and 5, Santa Clara County Records, as marking the northerly
terminus of a course in the general westerly boundary lin~ of the
parcel of land defineated upon said map, which course according to
. -1-
. !
..
l
i
f
i
t • !
l .,
f
' J
I
•• 4
; .
. *. . . . •• •
eaid map hao a bearing of N. 5° 00 1 10" E. and a length of 98~90 feet,
bears no-rth 36 9 22.5 1 west 3863.9 feet distant and running thence south
39° 53.3' east, alon3 the northeasterly boundary linn of said East Day
&hore Road, 1639.2 feet to a point in the northwesterly boundary line
of the parcel of land described and designated PARCEL 4 in the relin
quishment of state hithway in the City of Pcllo l\lto recorded November 2,
1961 in hook 5351 uf Official Records at page 91, Santa Clara County
. Records; thence north 50° 06.7 1 east, along the northwesterly boundary
line of said parcel of land designated PARCEL 4, a distance of 8.0 feet
to the northeast '.!Orner of said parcel of land designated PARCEL '•;
thence south 41 o 39.5' east, along the northeas ter.ly boundary line of
said parcel of la:td designated PARCEL 4, a distance l'f 400.0 feet; thence
north 50° 06.7' east 3.4 feet; thence north 39° 53.3 1 ov!est 1}52.8 feet;
thence north 39° 42.7' t,~est 372.9 feet; thence north 39° 14.8 1 west
178.4 feet; thence north 40° 25.3' west 214.6 feet; thence north 39° 49.0'
west 401. 2 fc et; thence north 38° 39.2' west 3'•0. 5 feet to a point which
bears south 62° 28. 7' east from the point of beginP.ing; thence north 62°
28.7 1 west 85.2 feet, more or less, to the point of begi~1ing.
2. A strip of lm1d of the uniform width of 26 feet lying contiguous to
and northeasterly of the northeasterly boundary l:i.ne of the parcel of
land described and designated PA.t':CEL 3 in said relinquishr::ent recorded
November 2, 1961 and extending from a course in the southerly boundary
line of the parcel of land delineated uf1on said map, \.-:hich course c.ccording
to said map has a bearing of s. 70° 24! 00" w. and a length of 1317.52 feet,
southeasterly 110.0 feet.
(APN 8-02-001, 8-02-002, 8-06-001)
3. A strip of land of the uniform width of 30 feet extending from a line
which has a bearing of north 61° 32.0' east and passes through the point
of beginning of the line described in the agreement made by and bet~een
City of Palo Alto and Pacific Gas and Electric Co~any dated February 12,
1959 and recorded in Book 3560 of Official Records at page 379, San ;~teo
County Records, southerly to the general southerly boundary line of the
parcel of lR.~d ciisigna.ted PARCEL 2 in the final ol-der of conde!n!lation
dated March 28, 1950 and recorded in Book 1954 of Official Record~ at page
356, Santa Clara County Records, and lying 15 feet on each side of the
line which begins at the point of beginning of the line described in said
agreement dated February 12, 1959 and runs t;\ence south 16° 34.1' east
Sl. 2 feet; thence south 24" 28.0 1 ea!".t 208.8 feet to a point which is
dist~nt 30 feet westerly from (measuxed at a right angle to) t:he center
line of. the line of towers erected under and bv virtue of the deed froo
Peter Faber and wife to Pacific Cas and Electric· Company dated February 16,
1934 and recorded in Book 620 of Official Records at page 31, San :-fat eo
County Records, thence parallel with the center line of said line of tu..:ers
south 17° 26.0' cast dpproximatcly 775 feet to a point in the general south
erly boundat:'y line of said parcel of land designated .t?Al<CEL 2.
-2-
• •
First party also grants to second party the tcmpordty right to use as a
working araa, for ·the purpose of installing second party's said facilities
ior conveying gas, those certain strips of land described as follo-;.rs:
4. A strip of land of the uniform width of 50 feet lying contiguous to
and northeasterly of the northeasterly bounc!ary line of the strip of land
beJ:einbefore descri.bed and designated 1 and extending from the northeasterly
prolongation of a course in the boundary line of the strip of land herein
before described and designated 1, which course has a bearing of north
so• 06.7 r east and a length of 3. 4 feet~ northl·Jestcrly approximately 2115
feet to the northeasterly. boundary line of East Eayshore Road.
5. A strip of land of the uniform width of 50 feet lying contiguous to
and northeasterly of the northga~terly boundary line of the strip of land
hereinbefore described and designated 2 and extending iron a course in the
southerly boundary line of the parcel of land delineated upon said nap,
which course according to said r.ap has a bearing of S. iO"' 24' 00" W.
and a length of 1317.52 feet, southeasterly 97.0 feeL
6. The portion of the strip of lund described and designated PARCEL Il
in the deed frol':l City of Palo .rUto to Pacific Gas and Electric CC:J!):.my
dated April 20, 1966 and recorded in Book 7335 of Offi~ial Recor<is at page
78, Santa Clara County Records, lying southeasterly of the soutr::.:esterly
prolongation of the northwesterly bound.ny line of the strip of lan;i herein
before described and designated 3.
1. A strip of land of the uniform width of 60 feet lying conti~Jous to
and· northeast~rly of the northeasterly boundary line of the str.i? of lend
hereinb~fore described and designated 3 and extending from the northaasterly
prolongation of the northwesterly bo~•dary line of said strip of land
designated 3 southeasterly approxi~ately 1060 feet to the general southerly
boundary line of said parcel oi land designated PARCEL 2.
·The tempora:,:-y right granted herein within the strips of land hereinbefore
described and_designated 4, 5, 6 and 7 shall terminate upon the co=?letion of the
installation of said facilities for conveying gas, but in any event no late.r than
two years from the date of execution of this indenture.
First party further grants to second party:
(a) the right to install, maintain and use gates in all fenc:i!s which now
c~oss or shall hereafter cross said strips;
,;. .
.·
-3-
,..._-----------------------~---------------
·~ .. .
t' .. .. • • •
(b) the right to mark the location of said strips by suitable markers set
in the ground; provided that no such markers shall be placed other than at grade
on any lands of first party which have been dedicated as a park or at such
locations \-Thich will not interfere with arty reasonable use first party shall
make of said strips on lands not so dedicated.
Second party hereby covenants and agrees:
(a) second party shall not fence said strips;
(b) second party shall during the constructiont replaceroent 1 and maintenance
of said pipe line remove only such landscaping and brush as will prevent
it from completing such work;
(c) second party shall upon commencement of construction, r~construction, or
repair work hereunder make every effort to complete all such work as expeditiously
as po!:;s_ible, and promptly upon coopletion of such work shall replace, in
like kind. any landscaping removed during such ~onstructio~, rcconstruc~ion, or
repair work·and shall restore said strips of land to a neat and clean condition
satisfactory to first party. In the event that second party shall fail to
restore said strips of land to a con6ition as good as or better than ~~isted
prior to the commencement of any work hereunder, then first party shall notify
second party in writing of such failure and second party shall within sixty
(60) days proceed to effect such restoration to the satisfaction of first party.
In the event second party shall fail to effect such restoration within said
sixty (60) dayst period, -then first party shall have the right to make such
restoration and second party agrees to ~ei~burse first party upon demand for.
the reasonab~e cost and expense of such restoration.
(d) second party Ghall bury said pipe line so that the pipe line shall be
covered with at least 42 inches of soi.l with the surface leveled at street grade.
,
-4-
j
• •
or-employees in the course of their employment,
by any ltrongful or negligent act or Omission of second party or of its agents
lihicb shall be caused by the exercise of second party's rights hereunder or
(e) second party shall indemnify first party against any loss and damage
First party reserves the right to use said strips for purposes which »ill
· structure, or drill or operate any Well, or construct any reserootr or other
provtded that first party shall not erect or construct any building or other
not interfere with second party's full enjoyment of the rights hereby granted;
cover over said pipe lines.
obstruction on said strips, or diminish or substantially add to the ground
The provisions hereof 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.
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA ss:
-..
~ -=~ . . me, _ :Pra""7fl e: ;~Cb _ a Notaiy sai~County an State, personally appeired
Kirke w. Comstock 19 7 3 , before
Pul>Irc in and for
known to me to the the _ Mav~r of the City of Palo
Alto, the mUnicipal corporation that execUted the Within instrument
known to me to be the Person who executed the Within instrument on ' behalf of said municipal corporation and acknowledged to me that said municipal corporation executed the same, ·
IN WITNEss WHEREoF, I have hereunto set my hand and affixed
my Official S<>aL~he--day and.'-Year in this certificste first above . ·
itt ·. ()•.,'.,., f
wr en~.-.. ,-.-':.. rn~~.~~;·~~ E f<·· .. ~ ... , .. f .. ;( r:::::::-~-;, . . . ~-----'"'ll '"""'" -,,, __ ,, "' .• . , -/ ' . . _ , fc•'-,f\.J ''"'A>IV PURIIC-O".WO'-,'>A ·• { :,/ [ _ . /
,. $.;:~ s:N~~. CVI/~,\ ~OIJ.N_TY • ! b > .1 r; · • ·: r •. -• r :._ -C, <::.,.,_ -C-'>c_c./\ .
"=>' ":~~;~':;,:!::"~:;;::~ Notary Pli6hc in and i'or said -,.. u,......, ...... ,.,. "''~'· "'" Mo: ""''· !"3oJ County and State,
-5-
I
' I ·'
..
• " !
/
r
·,