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Home My WebLink About0444.091- ~' . " < 0 ~ , , -~ ~-'.-~ October 10. 1991 HONORABLE CITY COUNCIL Palo Alto, Califo~nia gQ!!yEY>.HCE OF STOIU! DRAIB EASE!!EN'1S TO S>.HT.1LCLAM VALLEY IfATflR DISTRICT -SAN FRANC!SQUITO CREEX Members of the Council: ,_port in Brief Tnis report requests Council approval of the attached t~o resolu tions under which the City will convey t~o storm drainage easements on San Francisquito Creek to the Santa Clara Valley Water District (SCVWO) • Ba c.kqroun4 In 1987 and 1989, the City entered into agreements with the SCVRD for the construction of bank stabilization projects {sacked concrete slope protection and gabion placement) alonq the east bank of San Francisquito Creek. The] 987 3qreement was for the bank stabilization proje~t on the creek bank between Co""-per and Waverley streets (elP 8<'5-05), and the: 1989 agreereent vas .for the project between Emerson and Alma streets (elP 47701). {See attached location maps.) 'The purpose of these construction projects vas to prevent creek bank erosion threatening the road'Way (Palo Alto Aven:Ja) and adjacent improvements. Both agreements provide that 1) the construction costs be shared equally betw.reen SCVWD and the city; 2) SCVWD design and construct the project SUbject to reviev and approval by th~ City; 3) tne City allo~ tbe SCVWD access to Palo Alto-owned property to construct the project; and 4} upon completion of the project l the city convey to the SCV~D at no cost an easement for maintenance of the project. Both projects have been completed, and the SCVWD has requested that the city grant the easements. Citm.:444;91 · ,~. cMuvancl of Ea,ement. The two attached Grant of Easement documents will convey the necessary rights to allow the SCVWD to manaqe and maint3.in the erosion control projects on San Francisquito Creek betwee~ cowper and Waverley Streets and between Emerson and Alma streets, respectively. Both easement documents stipulate that the SCJWD receive City approval prior to disturbinq the easement area (except in Case of emergency); that any york in the eas~~ent area be done in a manner causing the least injury to the area; and th~t SC~'D repair or replace to the Cityts satisfaction any improvements or landscapinq damaged by any cor.struction or excavation done in the area. EDvirona'~t.l Impa~t Assessment These erosion control projects o!lore categorically exempt under section 15301, Existing Facilities of the California Environmental Quality Act (CEQA). Staff 'acomgoDdation Staff recommends that Council adopt the attached Resolutions approvinq and authorizing the Kayor to execute 1) the Grant of Easement document granting SCVWD an easement for ~ater management and stonn drainage purposes in San Francisquito Creek between Cowper and Waverley streets and 2) the Grant of Easement document qranting SCVWD an easement for ~ater ~anagement and storm drainage purposes in San Francisquito Creek between Emerson and Alma Streets. ~tted' JANET FREELAND Financial Ana:yst --A· (. /' &£y -~t~bif~ Director of Finance A ttachr.e!'lits CKR:444:91 /" ( \..'"1-'---t.,:" l-..., .... _~ JUNE FLEMInG' ; Assistant city ~a_naqer 2 LOCATION - ~'0- I i I I 1- ,! SCALE:l"_ SAN fRANCrSQUrTu CREEK EET~EEN EM[<SO~ & ALMA STREETS (UP 4l70I) • MGsprn,t., / • • " k_" . ;.;"':':': ! ... \ U · i7. > .... :;I!f '~~ , ;.,'~ ;U:SOWTIO" "0. RESOLUTIO" OFl'HE (."QUNCIL OF THE CITY OF PALO ALTO APPROVING A GRAli1' OF EASEMENT BENEFITTING THE SANTA CLARA VALLEY WATER DISTRICT AND At~HORIZING THE I!AYOR TO EXECUTE SA/!E ON BEHALF OF THE CITY WHEREAS, th~ City of Palo Alto (the ·CityW) and the santa Clara Valley Water Dist~ict (th~ ·Dist~ict·} on February 171 1981 ej'ttered into an agreement under which the District agreed to construct and Maintain a flood and erosion control proj~ct on San Francisquito Creek near Cowper street (the ·Project-J ~ithin the City; and WHEREAS, such agreement provides that the City vill qrant easement rights to the District upon completion of the Project: and WHEREAS, the Project has been completed and the City Council new desires to grant such rights to the District: NOW, THEREFORE, the council of the city of Palo Alto does he~eby RESOLVE as follows: SECTION 1. The city Council hereby finds that the Project is categorically exempt from the California Environmental Quality Act ,-CEQA-j under Section 15~Ol of the CEQA guidelines. SECTION 2. The city Council hereby approves the Grant of Easement for Parcel NO. CE 1/19-88/2 1 attached hereto as Exhibit A and made a part hereof this reference, and further authorize~ the Hayor to execute same on behalf of the City. INTROOOCED WD PASSED: AYES, NOES: ABSTENTIONS! AaSEN"1': ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney APPROVED: Mayer =-,:-;:;-:-:=:-::------City Manaqer Director of Finance Real Property Manager • :.-_.---,- EX"l BIT A ---------------------'--SiACE ABOVE THIS LINE FOR RECORDER'S USE ONLY _____ [G RAN T OF A.P~ No.: parcel No.: Project: CE l/19-8a/2 SCVWD storm Drainage Easement -S.F~ Creek at Co..-per / .... ·averley Sts. E l\ 5 E H E'-'Nii'Tr'i., _____ _ FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknovledqed, THE CITY OF PALO AL'rO~ a municipal corporation (GRANTOR), hereby grants to the Santa Clara Valley Water District, a public corporation, its successors and assigns (GRANTEE), a non-eXClusive ease~ent (or water lrLanage:r,ent and/or storm drainag~ p\lrposes in, under, and through that certain real propecty in the City of Palo Alto, county of santa Clara, State of Califcrnia, described in Exhil::lit A and shown on Exhibit B .... hic~ exhibits are atta:::hed hereto, and made a: part hereof, s'..1bject to the follo .... ing conditions: GRANTEE, its succe.ssors and assigns, and its and their respective contractors, agents Clnd employees shall have free access to said ease.ment at all reasonable times foZ' the purpose of exercising the. rights herein granted, and shall have the right to cut those roots and trim trees and shrubs that may endanger or irJterfere ... ith said facilities, provided, ho~ever that: • t t 1. -----"---- Should it be necessary for GRANTEE to di sturb the easement area, GRANTEE agrees to notify GRANTOR in advance of the location and extent of sue!'! ... 'ork, and to obtain GRANTOR'S consent and any required cc::-.struction per-mits prior to commenceJl';ent thereof, except in an er:'tergency sitll.:ltion. For the purpose of granting conse"t, G~·TOR designates the following agent: City Engineer City of Palo Alto P. O. Box 102.50 Palo Jl.ltc, CJI. 94303 GR1JtTEE shall further notify GRANTOR'S City Engineer immediately upon complet~on of ar:y ;,rark Ferformed hereby. 2. GRANTEE, its successors arid assigrls, shall t:lake any excavation, or perform allY constructio~, in a manner which causes the least injury t~ the easement area and shall replace any earth so removeo by it, and restore or repair any surface or sub-Surface improve~ents to 35 near the same conoition as existed prior to ~uch or construction as is possible. GRANTEE agrees to repair to the satisfactio:1 of GRANTOR'S City Engir.eer any landscaping, sidewalks, orna~ental pavement asphalt ,paving, underground fa~ilities; or structural facili ties damaged or destroyed by GRANTEE. 3. GRAN'.rEE shall at all times observe and comply, and cause all o[ its subcontractors and employees, if any, to observe and comply with all eXisting and future federal, state and local lavs, ordinances, regulations, orders and decrees ~hich may a:ffect the conduct of GR\.NTEE in the exercise. of the rig~ts granted herein. 4. GRANTEE expressly agrees to in.de-r.:nify, defend, anc hold harmless, GRANl'OP., its officers, agents and employees from all liabilities, claims or demands on accc.unt of or arising out of any injury cr losses r-esul ting fro~ GP..A.NTEE'S exercise of rights granted herein. 5. In the event that GRANTOR In:.Jst brif'lg action to secure GRANTEE'S performance of the c0;-,ditic~s set forth in this Grant of Easeme~t, G~JTOR shall be entitled to recover, from GRANTEE, reasonable and necessary expenses, attorneys' fees and court costs. RESERVING u:nto GRANTOR such rights as will not interfere ...... ith or prot;ibit the contemplated use bj GP..ANTEE, its successors and asslqns, or the rights and easer:'.ent he~ein granted, provided GRANTOR l!'.ay not place or permit any build ing or structure on said easement or other ... ise interfere ,.rith the full enjoyrr.€!lt by GRANTEE of the easement ~ereby granted. 2 • " i 1 I I 1 J I : I , GP.ANTOR: Dated:: _________ _ City of Palo Alto, a Munici~al Corpordtion 5y: ___ -'--__ _ STATE OF CAlIFORNlA; COUNTY OF SANTA CLARA: SS. On I before me, the Ur";dersigned~ a ltiotary Pub' it: 111 a;:d for said county and State, personally appeared ____________ _ tnown to me to be the § ~ayor City Manager Assistant City Manager of the City of Pal~ Al to. the municipal cOrpcration that e~ecuted the lfithin instrument on bfhalf of said munit;.fpal corporation, ar'fd acknowledged to me t~at saici munlcipal corpcratlon executed the same~ WITNESS my hand and officia1 sea1, Alotary p.ubhc Fl and for sa~d Co~nty and State APPROVALS APPROVED AS TO FORM ~PFROYED AS TO CONTENT City Attorney Fi na nee Oepc: rtment/ Rea 1 E s ta te 0 I By By APPROVED AS TO DESCRIPTION Pub 1 i c War\:. s/Er.gi neerfn9 By 5> CERTifiCATE OF CONSENT AND ACCEPTANCE , T~i5 is to certify tnat tna inte~est in real pr~perty conveyed by the attached D~~d or Grant to Santa Clara Va1ley Water District is hereby accepted by the undersigned duly autf1crized agent en t-ehalf of the Board of Directors of said Santa Clara Valley Water Distr'ict. p~rsuant to auti10rity conferred by R~!ooh!ti()n No. 63-25 of said Board of Directo~s adopted ~n the 26th day af March 196B, recorded March 27th, 1968 in Book 8069. Page 535. Official R~cords 01 Santa Ciara County. Califor~ia. and the Srarl'tee consents t'O recordation thereof by it~ said dUly authorized agent. Dated: ! -, 19_, SANTA CLARA 1AllEV ~ATER DIS1RlCT By: . 'liC:.-::n". ~""1n:~;:;a"'na:-:g:-:e::';-;I·FC "1 ."."k"""o""f"t"h",'- Board of Directors ~ . .. W- File No.: Project: CE 1/19-88/2 SCVWD Drainage Easement Sa~ Francisquito Creek Leg41 Description .!eginning .a.t the' southe-as~ corner of that. certain parcel of l.end eesignated F.an:d • .s. on that certain FArcel ¥.ap file/! in Sook 514 of Maps at peg. 32. Santa Cla:-.;. Cc·.mty Record,$; thenc~ aleng t'he northe.utedy prolongation of the southeasterly line (If said Pared "'BOO, N 38·19'00"[ 16:'.90 feet: thence N 18"'Oti'S5"E 13.42 feet to the Ir"'l! Point of iJeginning; thence N lS~{J6'55·E 128·.25 feet; thence N 37-13'17":£ 14.53 feet; thence N 25·47'41"£ 35.08 feet; th~nc:e N 15"27'51"[ 30.02 feet; tbence N 04"29'39"[ 62.90 het; thence N 09"'18'42"E .31.02 het:; t.henc:e N 1l".5,s'05"E 98.92 fnt; t.hence N 21"52'12", 44.53 feet; thence N 76·26·44·~ 45.00 feet; th2nce 5 10·42·22~~ 2~.10 feet; thence S U-33'4S-'W' 104.96 feet; t.hence S 25·42'49 .... 128.32 feet; thence S 68·20·1~·E 52.00 feet to the True ?oint of ~eginning. . ContAining 0.404 a~re of land. more or less. EXHIBIT A • • , ±: ., 11, f.l " • • .. t ... """"'" I· ..... ·' I •• 'zrl7'[ I .D"<I1· ... ·r • • "'Zr'IoI' I · ........ , · ..... ..,[ )' • oIl'Sl"\t" , • ·lII .. · .. •• • 1 ...... ·1 """'" .... ... 11' .a· u· .~ .... U' •• •. r • o .•. , . RESOLUTION NO~ RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING A GRA./IlT OF EASEMENT BENEFITTING THE SANTA CLARA VALLEY WATER DlSr~ICT AND AUTHORIZING THE MAYOR TO EXECUTE SAME ON BEHALF OF THE CITY WHEREAS, the city of Palo Alt~ (the WeityW) and the Santa Clara valley water District (the "District"} Oil Augllst 14, 1989 entered into at! agreement under which the District agreed to construct and m~intain a flood and erosion control project on San Fra:lci.squito Creek near Alma street (the ·project") within the City; and WHEREAS, such aqreement provides that the City will grant easement rights to the District upon completion of the Project; and WHEREAS, the Project h~.s been completed ana the city Council now desires to qrant such rights to the District; NOW, THEREFORE, the Council of the city of Palo Alto does hereby RESOLVE as follows: SECTION 1. The City Council hereby finds that the Project is categorically exempt from the California Environmental Quality Act (WCEQA-) under section 15301 of the CEQA guidelines. SECTION 2~ The City Council hereby approves the Grant of Easement fQr Parcel No. CE 1/7-91/1, attached hereto as Exhibit A a.nd made II part bereof this reference I and. fll,rther authorizes the Mayor to execute same on behalf of the City. INTROOOCED ANO PASSED: AYES: NOES: ABSTE}ITIONS: ABS~: ATTEST: APPROVED: City Clerk Mayor APPROVED AS TO FORM:. City Manager Assistant City Attorney Director of Finance Real property Manager '~~~~~. ,,- • \0 R A » T EXHIBiT A OF SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY A~P~ No.: Parcel No.: Project: CE 117-91/1 SCVWO Storm Drainage Easement -S~F. Creek at Emerson/Alma Streets E A SEX E )l T[ FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF PALO ALTO, a municipal corporation (GRANTOR), hereby qrants to the Santa Clara Valley Wat~r District, a public corporation, its successors and assigns (GRANTEEJ, a non-exclusive easement for water management and/or storm drainage purposes in, under, and through that certain real property in the City of Palo Alto, County of sa~ta Clara, State of California, described in Exhibit A and s1-.own on Exhibit B ..... hich exnibits are attached hereto, and made a part hereof, subject to the following conditions: GRANTEE, its successors and assi9ns~ and its and their respective contractors~ aqents and employees shall have free access to said easem~nt at all reasonable ti~es for the purpose of exercising the z:iqhts here-in granted, and iihall have the right to cut those roots and trim trees and shrubs that may endanger or interfere with said facilities, prOVided, however that: l,.E-OesvI<:OESC\;'WDI 1 • ." .. :j" -~ . - 1. Should it be necessary for G~-TEE to disturb the ea3ement area, GRANTEE agrees to notify GRANTOR in advance of the location and extent of such ""orK, and to obtain GRANTOR'S consent and any required construction permits prior to commencement thereof, except in an emergency situation. For the purpose of granting ccn~e~t, GRANTOR designates the followinq agent: city Engineer City of Palo Alto P. o. Eo~ 10250 Palo Alto, CA 94303 GAANTEE shall further notify GRANTOR'S city En·gineer immediately upon co~pletion of any ~ork performed h~reby. 2. CRAN'fEE, its suo::cessors and assigns, shall make any excavation, or perform a~y construction, in a manner which causes the least injury to the ~asernent area and shall replace any earth so removed by it, and restore or repair any su.rface or sub-surface improvements to es near the sa~e condition as existed prior to such or construction as is possible. GRANTEE' agrees to repair to the satisfaction of GRANT-OR'S City Engineer any landscaping, sidewalkS, ornamental pavement asphalt paving I underground facilities, or structural facili ties damaged or destroyed by GRANTEE. 3. GRANTEE shall at all times observe and comply~ and cause all of its subcontractors and employees, if any, to observe and oomply wi~~ all existing and future federal~ state and local laws, ordinances, regulations, orders and decrees ~hich may affect the condl.lct of GRANTEE in the exercise of the rights granted herein. 4. GFANTEE expressly agrees to indemnify, defend, and hold harmless, GRANTOR, its officers, agents and emplo}'ees from all liabilities, claims or demands on a~count of or arising out of any injury or losses resulting from GRANTEE'S exercise of rights granted herein. 5. In the event that GRANTOR must bring C!lction to secure GRANTER'S performance of the conditions set forth in this Grant of Easement, GRANTOR shall he entitled to recover, from GRANTEE, reasonable and necessary expenses, attorneys I fees and court CQsts. RESERVING unto GRANTOR such rights as will not interfere with or prohibit the contemplated use by GRANTEE, its: successors and assigns, or the rights and easement herein granted, provided GRANTOR may not place or permit any building or structure en said easement or otherwise interfere ~ith the full enjo}~ent by GRANTEE of the easement hereby granted. I • ,. i I j i I - • Cited: _____ _ 6RAliTOR: Clty of Pilo Alto, a Municipal Corporation 81: ___________ _ STAT! OF CALIFORNIA; COUNTY OF SAHTA CLARA: ,s. On "07:;-;==:-::="'="-' before me, the ur,dersigned', iI Notary Publit irl and for sa1d County and State, person.lly appea.,d __________ _ kn...., to ... to be t~e 0 Ma.Y0r o City Hanager [J Assistant City H.nag.r of tn. City of Palo Alto, tn. ".nlclp.l corporation t,at executed the wit"n instrument ~" bt~a'f of said aunicipal ~orporation, and acknowledged t~ r.e that said MUnicipal cDrporitf~n executed the same. WITNESS ~y hand and official seal written. APPRO~EO AS 10 FORM Asst. City Attorney By APPROVED AS TO OESCRIPrIOH Public Works/!ngineering Sy Not.ry Public in and for said County and State APPROVALS APPROVED AS TO CONTENT Finance Cep.rtment/Real E,tate By . CER1IFICATE OF CONSENT AHD ACCEPTAHCE This is to certif] that the ir,ttrest in real property conveyed bl the attached Deed of Gront to Santa (lara Valley Water District is hereby accepted by the undersigned duly a~thDriled agent un be~alf of tne Soard of Directors of saf4 Sl~tl Clari Valley Water District. pursuant to authority conferred b~ Resol~tion No. 68-25 of Slid Board of Directors idopted on the 26th day of Harch 1968, recorded March 27th. liSS in Book 8069. Page 53S, Officill Records of Sanh Cllra County, California, and the Gra~tee consents to recordation tnereof by its safd duly a~thor1zed ag~nt. Dated: 19_ SANTA CLARA VAllfl WATER DISTRICT By :~=7;""=====:-::,C7.:-:: Generi' Manager/Clerk. of the BOlrd of 0, rectors • ,"V ~ . r - : 1_ ..:: ----------------- • \ Fl1eNo.: CE 1/1-91/1 Pr!:lJ ee t; SCVWD Draindge Easement - San Francfsquitn Creek at Alma St. le~al Oe~c~fption 1028-116 All tIIat <:erIOin roal property L'tuaU ill th. City of Palo AI",. Coonty DC S ..... ClMa. Stale of CtI ifiJrnia, dscribed as foDoVw"S: Bei",,' ponioo oC Ille lands DC the City of PlIo Alto IDd more particularly d •• cribed IS rollo ... , ~ at the IPO'5l nonberly come:-of the lmds .shown .as let 1 or -rna No. S44 7-iI& ihGWD rul the IDJp thtnol' ,Jed in BookJ32 of MJp • ., piI" 3 !hrouiI> ,2. in the oClio< of the Rerord .... Cl>rnty of SonIa Cl ..... Stare of CtIifomia; th .. ", N Jl'G7'14""" 67.11 Ceet '" the 1rU. point of btiinnlDi: the.o", S 35'53'13""" 139.14 fe«; !hen" S 26'37'21""" 101.66 reet; lh"""e alo"" tan&"'" """'. '" t!>e r.&lJt, havlns • radl ... DC Ill.s(] f .... thtooJb • CftlIrtI ..,.1. DC U'25' U". Cor an arc dlstanu 003. 10 feet; th __ S 73 '55'06""" 39.32 foe:; th...,. alon, I curve .. th. ri&bt from • tanlenr wbid! bean S 51'43'58'W. haviDj: I rum. of 115.00 C .... Ihrwih' central "",Ie of II '09'58". for an Itt disWl<e DC 22.41 Ceet to • point DC oompou:;d """"""'e; "'-< alODg ........ to the riih'. hav"" I rodi", of S(].63 feeI.1hrouJh. central angle of 32 '4$'30-. for III arc distan<eoC28 .95foe:; thence N 78'20')5""" 19.17 foot; thence alD", ..... gem ClIne to lh. rilh~ bavIn" radi", of W.OO r .... Ihrou:b • central mill' of 31 '59'13' • for III arc dlstllnce of 44.66 feet; then<e N 43')8 ':;i -E 12.00 feet; theace alODg ...... to tn. 10ft from I tan,_ wbld! bean S 46'21'22"E. bavlll,. radius of 58.00 C .... !IIrouih. CftlIrtI qle of 31"59'13", for an are dmance of 37.% feu; !bOOt. S 7S'20'3S"E J9.17 Coer; thOllU alODg' !anjlem <UJVt to Ill. left, havlllg arldl .. of 38.63 f .... lbrooih • ceIlIIaJ ""i'le DC 32 "45')0", for an IlC di.st&nce of 22.09 feet to • point or oompouod. auvatun; thetlCC aloft&: • curve 10 dJe.lett. ha\liIla • ""'IUS DC 103.00 C .... 1hro1lllh • cemraJ ""Ie DC .2"16'35". Cor In arc 4iotanoe of 76.00 feet; 111""" N :U;")7'21"E 159.29 feet; thence N 32'3S'44"E 14.79 feet; Ib .. ce S 51'06'J6"E 42.26 fee< to Ibe true point of be&innln&. ConWnin.r 10,875 square feet ()I' 0.250 acres of~. more. or Ics.s. EXHIBIT A .' , --._---. , I , r ! \ to 15 I !' B !! ii ~i~ I I ! CD .. ,",'" /f b"H'~'18' 1..-33.18' ill sn'$>'''·. " . .,. I ~"jlS .• ' &11'19'51· Ii ;;, , L.ooU.''W , , II 'i7 'I"'''' &7.11' ~ ..... ". , .. ')., I bo32:' 't'$"3B' Ie . !': P.C.B. I l..zt.SS' Ii .5:5"1 '1.?'.'C I (J) W1t'ZI'!!i:w. \,.81' !i I ®-.!I!' .&JI'SS'j3' J .~ 1..-4 •• 15' !~ (!)~3'18'l&'[ 1! .• ' ® ........ I i 1 bo31 's!, I)· LooV'.5' j ii S?I'ZI!I'15·( IS.IIt?' Roo •• Iil' I .. .>3i!'4S·"· ~ .. L-22 .• ' i 0 I ,,=> @ ... , ...... ,. "'" 612'liii':I5~ ~ I ..,'" L.-1S .• ' i ~ ... ~:"" j I o~ 0 >: J i6 ,"" i I , ~ '"", ~ v ~, . ~ I '. ", .J I ~ 0: .. '" .. " ·· ....... _··-··0' .,u~ I :: ~ C"JTy ;.. . ~·I ~I ,," . I I I IIII~;. Sq.rt. Dr i.lSl ~,... * ----_ .... _ .... _. ._-