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HomeMy WebLinkAbout0405.091'.'-,~*f: " .- ~uq\Jst 2''2, 1~91 HONORABLE CITY COL~CIL Pale Alto, California 3 CONVEY~CE OF UTILITIES EASEMENT -PAAJ~ING LOT J -_.PACli'IC BEL!. MeIllbers of the Council: Report in B.rie.f This report requests Council approval of the conveyance to Pacifie Bell of an easement for underground utilities in Parking Lot J. Parkinq Lot J, the site of the Webster-Cowper parking Gar~ge, is located in the block boUnded by Webster and cO'.oIper Streets, and University and Hamilton Avenues. Backqround: On April 1, 1991, Council adopted an ordinance establishing the Downtown III Underground Conversion proj ect District 33. The Utilities Departmer.t is currently in the process of contracting for construction of t.his project. Recently, ..... hile conducting site investigations for the planning of the District 33 underground distribution system, Pacific Bell staff discovered that there is no ea5e~~nt on record for Pacific Bellis existing underground public utilities in parking Lot J. These utilities consist of cable and conduit serving customers on Ur.iversity Avenue between Covper and Webster and are installed jointly ... ith the Cityls underground electric lines and vaults in the area shown on the attached map. Apparently, the Cit.y a!'l.d Pacific Bell utilities .... ere installed jointly in easements ac:quired by the City from private property o~ers prior to the City's acquisition of the various parcels which ~ere ~erged to create the site for Parking Lot J. The trespass situation ~as probably created when the city of Palo ~lto a~quired the var ious parcels for-the ce'nstruction of Parking Lot J. At the time the parcels ... 'ere tran.sferred from the various owners to the City, there "'as no easement reserved for the public utilities belonging to Pacific Bell. CHR:405:91 L • I L i r ! I f I , I ; I[ fl , 1 ~ , i 1 , I ;·i . j . , 1 I i I ~~~~~~ - " ~acific Bell has requested that the City grant them an easement for their existing utilities in parking Lot J. In addition, Pacific Sell has also requested that the City inchide in the Grant of Easement for their existing utilities, the right to install OTle above-groul"l.d terminal equipm~nt cabinet, 'Which is required for the construction of the District )3 Underground Conversion project~ Copvayance of Easement The attached Grant of Easeme:nt · .. ill convey to Pacific Bell the rights ~ecessary to maintain the existing underground facilities and also to place one above-ground termirlal equipment cClbinet required for the undergrounding of overhead utilities in the area~ The easement requires Architectural Review Board {ARB) approval of the specific cabinet and its location. The City's ~se ot the area affected by the easement is already 1 imi ted by the existii19 underground utilities. Therefore, this grant of easement ~ill not adversely affect the City"s property interest and \rIill allow Pacific Bell to install and maintain facilities necessary fo~ the construction of the underground distri~ution system. Ertvironment.l Impact A9ges~ This project is categorically exempt fro~ the requirements of the California Environmental Quality Act (CEQA). Staff recommends that Council adopt approving and authorizing the Mayor Easement document granting Pacific Bell communication facilities in Lot J. the attached Resolution to execute the Grant of an easement for underground Respectfully ~ubmitted, ~': ~~t1B1~~---C/ :t'_U"f) "~ET FREEL1>.ND EMILY HARRISON -.. t ... ~ ...... .-.l ,...,~~ JUNE FLEMING Financial ~nalyst Finance Director Asst. City Manager cc: Pacific Bell CMR:405:91 2 ·~"1\ ." H. - I r--­ I jX 1'( .. I 1t. ..... .ior"U & ~ e tj ~ ~Cl.. r iEl l&ovf~' ~ Z1. ':' II: .. '" I I -, I I I 1 , , --' ______ .!'1' ______ _ ,"Ct,. I .. UNIVERSITY 'n • , • ;: J.! ---., 0, ~ A ,- ~-- , .. , " S t ~ " , " ;-+,;.,. .- -@ L . " It ~o .. ..~ .'<:"" " L-U"tIVE~Slrf I '" -----.--:: """ ----------------~-------~------ I -I l • ~ ! I - o RESOWTION NO. ___ _ RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING A GRANT OF EASEM2~~ TO PACIFIC BELL FOR INSTALLATIOIl OF UNDERGROUND UTILITIES III PARKING LOT J AND AUTHORIZING THE MAYOR TO EXECUTE THE SAKE ON 8EF~F OF THE CITY WHEREAS, establishing the District 33: and t.-"'e city of Palo Alt~ adopted ;an ordinance Downto~~ III Underground Conversion project WHEREAS. Pacific Bell has discovered that there is no easement ~f record for Pacific Bell's existing underground public utilities in parking Lot J; and WF~REAS, the City of Palo Alto has given Pacific Bell the permission to install these utilities in Farking Lot J. and Pacific Bell nOli seeks the city I 5 qrant of easement for these existing utilities: NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION L The City Council has conside:red and hereby a:Fproves the grant of eaSE!ment to Pacific Bell for its existing underground publ ic util i ties in Parking Lot J. the site of the Webster-Cowp~r parking qarage, attached hereto as -Exhibit Aft and made a part hereof by this reference. and further authori~es the Mayor to execute the s~me on behalf of the City of Palo Alto. SEctION 2. The City Council her€by finds that the ~assage of this resolution is net a project under r_De Cal~fornla Environmental Quality Act and~ therefore~ no environmental impact assessment is necessary. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: C~ty C~Ir.e~r~k~-----------­ APPROVED AS TO FORM: Asslstant C~ty Attorney AP PROVED AS TO CONTENT: F~nanc~al Analys~t'--------- APPROVED: Mayor CIty Manage-r------- I ! " .... , .... ~~l~~~~t .~., . • - ._._ . ....,.,....,.._"._-_ ..... -. EXHI BIT A Recorded at no charge in accordancel ~ith Government Code Section 6103 at t~e request of. and when record-I e:d return to: City of Palo Alto/Re.l [stat. 250 Ha.ilton Avenuo PO Box 10250 Palo Alto, CA 94303 SP,~CE ABOYE THIS LINE FOR RECORDER'S USE ONLY A.P. No.: 120-3-34 Parcel No.: CE 2/16-90;4 Project: [a~ement to Pacific Bell for Underground (amm. Facilities lot J _____ :rr-il-A N T OF [A 5 E " ClfTT _____ _ FOR A VAlUABLE CONSIDERATION, receipt of which is horeby a,<nowledged, THE CITY OF PALO ~lTO, • municipal corpor.tion (GRANTOR) hereby grants to Pacif" Bell its successors and iS~;9ns (GPANT££,. I non-exclusive easement to construct and maintain (place, operate, inspect~ repair, replace, enlarge and remove) such und~r9rcund communication fzcilities is Grantee may from time to time require (including ingress thereto and egress therefrom) consisting of wires, cablfs, conduits, pedestals, te~inal equipment cabin~ts, oth~r associated ele~trical (onductors and r'ltcessary fixtures and appurtenances in, under and' vpon that certlin real property in the City of Pil0 AHo, County of Sanh Chra~ State of CI1ifornfl~ described iF! Exhibit .. ar,d snolrffl on Exhibit B. "hich exhibits are attached hereto and ~ade a part hereof, subject to the fo'lcwi~g conditions: GRANTEr, its successors and assigns, and its and their respective contractors, agents and emp10yees shall ~ave free access to said easement and right of way at all reasonable times for the purpose of exercislng the rlghts herein granted, and s~all have the right to cut those roots a~d trim trns and snrubs tn.,t ~ay endanger Dr interfere with said facilities, pro~ided, however that: 1. GRANTEE ~ay pla~e one (1) terminal equipment cabinet located abo~e ground at GP..AHTEE's dis(retion, but subject to iIIppro~il by GRANTOR"s ------.. ::··'L ! i ! , ·;;i~{:, 1 .I - ': __ .... ------- o o Af'chitectura1 Re.ld.ew BOIrd'. G.AAIHEE may not relQ(ate this ca~dr;et nor place additional terminal equipment cabinets witnout GRANTOR's ccnsent~ 2. ShotJ1d it be necessGr,Y for ~RANTEI to disturb ttle ei'iement area., GRANTEE: agrees to notify GRANTOR in advance ~f the location and ex-tent of such work, to obtain any requ!red street ope-ning, encroachment and C"onstrl,jction penits prior t~ corrrnencement thereof, except in an emergency situatiCtf'l. for t~is purpose, GRANTOR designates the followinS agent: 3. City Engineer City of Palo Alto P. O. Box 10150 Palo Alto, CA 94303 GRANTE[ shall further notify GRANTOR'S City [ngineor im.dial.ly "I'on completion of any II/ork. performed hereby. GRANTOR'S issuance of an,)' permIt sha'1 not b. deerr .. d to impose any 1 i ibil ity on GRI>,N1DR for the deSign, matEri~ls or location of any impro¥ements or facilities installed by GRANTEE. GRAk1EE, its success{)rs and assigns, skal1 mak.@ any exci.'w'ition. or perform any c<lnstruction, in a manner w~ich causes the least injury to the easement area and snall rep1iice any eartn so Telnoved' by it, and restore or npair iIIn)' surfice or sub-surface improvements to as f1eaT the ume condition as existed prior to such Dr construction is is possib1e. GRANTEr agrees to repair to the satisfaction of GRANTOR'S City Engineer any hnd'scapin9? sidewalks, ornamental pavement ~spha1t paving, underground faciHties, or structural facilities disttlrbed~ damaged or destroyed by GRANT£E. 4~ GRANTEE shall at all times obserlle and comply with, and cause all of its subcontractors and employees. if any, to obsene and i:omp1y with all eXisting and f~ture federal. :;tate and local laws. ordinances, reg~htjcnst orders and decrees. ... hich rot)' ifftct the conduct of GRANitE in the exercise of the rights ~raMted herein. 5. tRAtfTH !xp'ess1y 'i9rees to ind'emnifJ. defend, a.nd ho1d t'larrn1'!ss, GRANTOR, its officers. agents and emp10yees frorll al1 liabiiities, daims Of" d~mands on account of (II'" arising out of any injury or losses resulting frol'ii ~RAN1EEiS exercise of rights granted herein. 6. In the ellent that GRANTOR must bring ani acUon to secure GRANTEE'S performance of the condition.s. set forth in this Grant of Easement, tRANTO~ s.hall be en.tH1ed to recover from GRANTEE all reas"nab1e and necessary expenses, attorney's fees and ,ou~t costs incurred by GRANTO~. RESER'YING unto GRANTOR sud rig'hts as ... 111 not interfere with or prchib~t the contemplatea' use by GRAATEE, its successors and assf9ns, or the rigMs. and ease· ment hereirr granted. prcv1ded GRANTOR milY riot place or pel"V!it an)' building or structure en nid easeMent or othel'"'lli.se interfere 'fI:ith tht!. full enjoyment by GRANTEE of the easement hereby granted. .. ..- • • l i '.'-.. ~ <. i';;' . '",E< • ..J • - Dated: GRANTOR: City of Palo Alto, • Mun1cipal Cor~orat;on By: ____________ _ STATE Of CALIfORNIA; COUNTY Cf SANTA CLARA: 5S. On 0-.,-';-:==-,= .. ==-' before me, tMe undersig~ed'. a Notary Public in 2nd for said CountJ and State, personal1J ap~eared ______________ _ known to ~ to b< the [] Mayor o CHy Manager o Assistant Cit), Manager of the City of PaTe Alto , the municipal corporation tnat executed the witnin . instrument on b~~alf of said municipal corporation, and ackno~ledged to me that said municipal corporation executed t~2 same. WITNESS oy hand and offici.l seal written. Asst. City Attorney ! APPROVED AS TO ~ORM By APPROVED AS TO DESCRIPTION Public. Worh/Engineering By - L -'" ·cb·iI<' -f!!:'':( - Notary Public in and for said County and State APPROVALS APPROVED AS TO CONTENT Finance Department/Real Estate By ----- APPROVED AS TO CONTENT Utilities/Electric --------By __ - I I \ i I ! - ----------.. ~-- legal File: CE 2/16-90/4 APN: 220-3-34 Project: Easement t~ Pacific Sell for Und~rground Communication Facilities Description _ TtJat certain rea1 property in the City of Palo Alto, County of Santa Clara, State of Calif~arr.ia, described as: A portion of (.ot 1., in Block 38, as shO\o.Tl upon that ce.ctain map entitled, "Original Map ShC"lIiing SulxHvisions of University pai::le (now Palo Alto),. Santa Clara Co.,. california", which f'4.ap was filed for record in the Office of the Re...-order of the County of Santa Clara, State of california, on February 27, 1889 in Volume "'0" of Maps at Page 69, and more particularly described as f011 00,.;5: Beginning at the inter:;eclion of the sout.~easterly line of University Avenae (75.99 feet wide) with the southwesterly line of Webster Street: (6@.0ij feet wide); thence southeasterly aloog said southwesterly line 1913. ~e: feet to tho; most northerly corner of an alleyway and alSo' being the True Poiot of Beginning; thence southwesterly along the northwesterly line of said alley and parallel to the southeasterly line' of University Avenue 3"".0t9 feet; t..'1e .. ce southeasterly End parallel to Webster Street 2~5~ feet; t..""Jence soutllwesterly and parallel to Unh'erslty Avenue 93.99 feet; thence southeasterly and parallel to Webster Street 11.5(1} feet; thence SOLitfllo1E:stHly and parallel to University Avenue 107.99 feet rrore or less to a point on the northeasterly line of Cowper Street {6"409 feet wide); thence southeasterly along the northeasterly line -of ~r Street 124 ~g feet; Chen.....~ northeastet'ly, and parallel to University Avenue 124.~9 f~t:; thence Northwesterly .end parallel to Webst.eI" Street 6.90 feet; thence northeasterly a.nd parallel to Unive.rsity Avenue 13.01J feet; the:>ce northwesterly and parallel to Webs tel' Street 9.~1Q feet to the fac~ of an existing retaining ~ll; the~e northeasterly alor.g the face of said retaining ""all and parallel to Urliversity Avenue 191.0" fe€'tj thence sOlJtheasterly and parallel to Webster Street 7.59 feet; thence northeasterly and parallel to University Avenue 15.0"~ feet; thence sciutheasterly and parallel to 'Webs_ter Street 9~9~ feet; thence northeasterly and parallel to University Avenue 151.~~ feet more or less to i!I poiot on the southwesterly line of Webster street; thenCe northwesterly along sairl southwesterly line 27.0'1 feet to the True Point of 8eo;linr.ing4 [XH18lT A -lot J . - • f'1-!>8 PU,~-o~ thJIV£.A..SIT"l AvE...Jve. (l=-Ff:-.::-r-\A,/Jr.l.E) t).,.J ~F-~t7.4" UN 7J /~.t) eIAJt."T EAS E /YifrJT APJoJ 12o-3-3 L I f'1-/331(}. '- • f ,---------'--------~T;i "