DEPARTMENT Real Estate Services Division AGENDA NO. 9a
MEETING DATE January 11, 2022
APPROVAL:
COMMISSION
SECRETARY
Donna Hood
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Real Estate Agreement: Consent Calendar
General Manager: Dennis Herrera
Real Estate Director: Rosanna Russell
Approve an Easement Amendment Agreement to Convert an Existing San Francisco Public Utilities Commission Floating Pipeline Easement to a Fixed Location
Summary of
Proposed
Commission
Action:
Approve the terms and conditions of and authorize the General Manager to execute and enter into an Easement Amendment Agreement between the City of San Francisco, acting by and through the San Francisco Public Utilities Commission (the “SFPUC”), with the Jefferson Elementary School District, an Elementary School
District of the County of San Mateo (the “District”) , to permanently affix the currently unused SFPUC floating Pilarcitos pipeline easement of approximately 13,692 square feet over , upon and across that certain real property located at 305 Eastmoor Ave., Daly City , California, currently designated as San Mateo County Assessor’s Parcel Number 008-082-160, and more commonly known as the “ M.P.
Brown Elementary School”, at no cost to the SFPUC.
Background: The District is proposing to build a fifty-six (56) unit affordable housing development on the grounds of the M.P. Brown Elementary School to provide workforce housing for District staff (Project). The development of the site will utilize all the remaining surplus property, thereby requiring the SFPUC Pilarcitos pipeline easement to be amended from a floating easement to an easement having a specific, fixed location to better serve the needs of the SFPUC and the District . The original floating
easement was acquired by S pring Valley Water Works on June 10, 1862 and was used for the Pilarcitos pipeline until it was destroyed in the 1906 earthquake and never replaced. The new location of the fixed easement will adequately accommodate any future SFPUC infrastructure project.
Environmental
Review:
On December 14, 2020, the City of Daly City approved a Mitigated Negative Declaration (MND) for the Jefferson Elementary School District Faculty and Staff Housing Project (Project) pursuant to the California Environmental Quality Act (CEQA).
Agreement: Easement Amendment Agree with Jefferson Elementary School District Commission Meeting Date: January 11, 2022
The SFPUC is a Responsible Agency acting under the CEQA Guidelines Sections 15096 and 15381 for the proposed Project because approval of the Easement Amendment Agreement necessary for the District to carry out the proposed Project is a discretionary action subject to compliance with the CEQA. The SFPUC has reviewed the MND and determined that issuance of an easement amendment is within the scope of the MND , and that the MND is adequate for appro val of an Easement Amendment Agreement. The Responsible Agency Findings to be adopted by this Commission support the action to authorize the Easement Amendment Agreement.
The MND and related materials can be found here: https://sfpuc.sharefile.com/d- s43b8dc42a7454de6b580a254abffc7c2
The Responsible Agency Findings can be found here:
https://sfpuc.sharefile.com/d-
sc8f696fa08324f6e834501a771d01f16
Result of Inaction: A delay in adopting the attached resolution will delay the District housing development, which is vital to the District’s ability to provide affordable, workforce housing to District staff. The transaction benefits both parties and will provide the SFPUC with a known, fixed location of the Pilarcitos pipeline easement, which will assist the SFPUC with any future infrastructure projects.
Budget & Costs: The District has provided all the engineering and surveying expertise at no cost to the SFPUC.
Description of
Agreement:
Parties to Easement
Amendment
Agreement:
City and County of San Francisco, acting through the
SFPUC, and the District.
Purpose: Provide a fixed pipeline easement location on property owned by the District for future SFPUC Infrastructure
Projects.
Location: 305 Eastmoor Ave , Daly City, C alifornia, currently designated as San Mateo County A ssessor’s Parcel
Number 008-082-160 and commonly known as the
“M.P. Brown Elementary School”.
Insurance and
Indemnity
Permanent easement with both parties responsible for
their respective property rights.
Commencement Date: Date of recordation of the Easement Amendment Agreement.
Recommendation: SFPUC staff recommends that the Commission adopt the attached resolution.
Attachments: 1. Easement Amendment Agreement
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
WHEREAS, The City and County of San Francisco ( “City”) owns a floating easement commonly known as the “ Pilarcitos Pipeline Easement” on and over that certain real property presently under the jurisdiction of the Jefferson Elementary School District, an Elementary School District of the County of San Mateo (the “District”), located at 305 Eastmoor Avenue in the City of Daly City, C alifornia, currently designated as San Mateo County Assessor’s Parcel Number 008-082-160 and more commonly known as the M.P. Brown Elementary School and (the “Premises”); and
WHEREAS, The District desires to affix the location of the now floating Pilarcitos Pipeline Easement to a permanent location on the Premises for its proposed affordable housing development project on the Premises to provide workforce housing for District staff; and WHEREAS, The City, by and through the San Francisco Public Utilities Commission (the “SFPUC”), desires to enter into an Easement Amendment Agreement to affix the easement to a specified location to accommodate any future SFPUC infrastructure project; and WHEREAS, On December 14, 2020, the City of Daly City, acting as the lead agency the California Environmental Quality Act (CEQA), approved a Mitigated Negative Declaration (MND) for the Jefferson Elementary School District Faculty and Staff Housing Project (Project); and
WHEREAS, The City of Daly City has adopted the mitigation measures included in the MND to avoid or substantially lessen the significant environmental effects identified in the MND and set forth in the Mitigation Monitoring and Reporting Plan, and has assumed responsibility for their implementation; and
WHEREAS, The City of Daly City’s approval of the MND and other materials that are part of the record of this approval are available for public review at the SFPUC offices, Real Estate Services Division, 525 Golden Gate Avenue, 10th Floor, San Francisco, California; and WHEREAS, Since the City of Daly City adopted the MND, there have been no substantial changes in the Project or changes in Project circumstances that would result in new significant environmental effects or an increase in the severity of previously identified significant impacts, and there is no new information of substantial importance that would change the conclusions set forth in the MND; and
WHEREAS, This Commission, acting as a responsible agency under the CEQA Guidelines Sections 15096 and 15381, has reviewed the MND and has determined that the issuance of the easement amendment is within the scope of the Project’s CEQA approval, and that the MND and other materials are adequate for use in issuing the Easement Amendment Agreement; and WHEREAS, T he SFPUC has no direct authority or responsibility with respect to the proposed Project other than to enable the Jefferson Elementary School District, through issuance of the Easement Amendment Agreement, to carry out the proposed Project; now, therefore, be it
RESOLVED, This Commission has reviewed and considered the MND and record and finds that the MND is adequate for use as the decision -making body for the action taken by this Resolution; and be it
FURTHER RESOLVED, This Commission finds that since the MND was finalized, there have been no substantive Project changes and no substantial changes in Project circumstances that would require revisions to the MND due to the potential involvement of new significant environmental effects or an increase in the severity of previously identified significant impacts, and there is no new information of substantial importance that would change the conclusions set forth in the MND; and be it
FURTHER RESOLVED, That this Commission hereby approves the terms and conditions of the Easement Amendment Agreement; and, be it
FURTHER RESOLVED, That this Commission hereby authorizes and directs the SFPUC General Manager to execute the Easement Amendment Agreement and to enter into any amendments or modifications to th e Easement Amendment Agreement , including, without limitation, the exhibits, that the General Manager determines, in consultation with the City Attorney, are in the best interest of the City; do not materially increase the obligations or liabilities of the City; are necessary or advisable to effectuate the purposes a nd intent of the Easement Amendment Agreement or this resolution; and are in compliance with all applicable laws, including the City Charter; and be it
FURTHER RESOLVED, That this Commission herby authorizes the SFPUC General Manager to take such other actions that are necessary or advisable to effectuate the purposes and intent of the Easement Amendment Agreement or this resolution and are in compliance with all applicable laws, including the City Charter; and be it
FURTHER RESOLVED, That this Commission hereby ratifies, approves , and authorizes all actions taken to date by any City official in connection with this Easement Amendment Agreement.
I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of January 11. 2022.
Secretary, Public Utilities Commission
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City and County of San Francisco
San Francisco Public Utilities Commission
525 Golden Gate Avenue, 10th Floor
San Francisco, California 94102
Attn: Real Estate Director
and
Real Estate Division
City and County of San Francisco
25 Van Ness Avenue, Suite 400
San Francisco, California 94102
Attn: Director of Property
The undersigned hereby declares this instrument to be exempt from Recording Fees (CA Govt. Code § 27383) and
Documentary Transfer Tax (CA Rev. & Tax Code § 11922 and S.F. Bus. & Tax Reg. Code § 1105).
Assessor Parcel No. 008-082-160
(Space above this line for Recorder's use only)
EASEMENT AMENDMENT AGREEMENT
(Amending easement pertaining to a portion of the SFPUC Pilarcitos Pipeline Right-of-Way, located at 305 Eastmoor Avenue, Daly City, California) THIS EASEMENT AMENDMENT AGREEMENT (this "Easement Amendment"), dated for reference purposes only as of c%-çy 9 , 2021, is made by and between the CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation ("San Francisco"), acting through its Public Utilities Commission ("SFPUC'), and the JEFFERSON ELEMENTARY SCHOOL DISTRICT, an elementary school district of the County of San Mateo, State of California ("Jefferson Elementary School District"). San Francisco and Jefferson Elementary School District are sometimes collectively referred to in this Easement Amendment as the "Parties" or singularly as a "Party."
RECITALS
A. The Jefferson Elementary School District owns that certain real property located at 305 Eastmoor Avenue in the City of Daly City, California, currently designated as Assessor's Parcel Number 008-082-160, and as more particularly described in the legal description attached hereto as Exhibit A (the "Property"). The Property is currently improved with the Margaret Pauline Brown Elementary School.
B. The Jefferson Elementary School District is proposing to construct a housing development on the eastern portion of the Property that, as currently proposed, will consist of approximately fifty-six (56) units within seven (7) buildings that will surround a central courtyard and surface parking lot.
{SR642736) 1 Easement Amendment draft SFPUC- District redlines (SR642736xD9697) - (FINAL) - 11.05.21
C. Pursuant to that certain instrument dated and recorded as of June 10, 1862, in the official records of San Mateo County ("Official Records") in Book 3 at Page 179 of Deeds (the "Original Deed"), a copy of which is attached hereto as Exhibit B and incorporated herein by this reference, San Francisco, as successor in interest to Spring Valley Water Works, acquired a floating, right-of-way easement with the right and privilege to erect or construct, and keep in repair, flumes, ditches, and pipes for the conveyance of water over, upon, and across the real property described in the Original Deed, and currently located on the Property (the "Floating Easement").
D. The Jefferson Elementary School District and San Francisco, through the SFPUC, now desire to enter into this Easement Amendment to amend the Original Deed to: (a) fix the location of the Floating Easement to the specific and agreed upon location, as fully described in the legal description and depicted on the plat map attached to this Easement Amendment as Exhibit C and Exhibit D, respectively, and incorporated herein by this reference, (b) state the specific width of the fixed easement, and (c) prohibit the Jefferson Elementary School District from causing or permitting any emergency vehicle access route to be located parallel to, over, or across the New Easement (as defined herein). The Floating Easement granted under the Original Deed, as amended by this Easement Amendment, shall hereinafter be referred to as the "New Easement".
AGREEMENT
NOW, THEREFORE, for and in consideration of the foregoing recitals, which are incorporated herein by this reference, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, San Francisco and Jefferson Elementary School District agree as follows:
1. Effective Date. This Easement Amendment shall become effective on the date of its recordation in the Official Records.
2. Amendment of Easement. The Parties agree to amend the Floating Easement granted under the Original Deed as follows:
(a) The location of the easement granted under the Original Deed shall hereinafter be as fully described in the legal description and as depicted on the plat map attached to this Easement Amendment as Exhibit C and Exhibit D, respectively (the "New Easement Area"). SFPUC releases and relinquishes all right, title, and interest in the remainder of the Property outside of the New Easement Area.
(b) The width of the New Easement shall be thirty (30) feet, as described in the legal description and depicted on the plat map attached to this Easement Amendment as Exhibit C and Exhibit D, respectively.
(c) To prevent interference with the New Easement, Jefferson Elementary School District shall neither cause nor permit any emergency vehicle access route to be located parallel to, over, or across the New Easement.
3. No Further Amendments; Entire Agreement; Conflicts. Except as expressly modified by this Easement Amendment, the Original Deed shall continue unmodified and remain in full force and effect. The Original Deed, as amended by this Easement Amendment, constitutes {SR642736} 2 Easement Amendment draft SFPUC- District redlines (SR642736xD9697) - (FINAL) - 11.05.21
the entire agreement between San Francisco and the Jefferson Elementary School District with respect to the New Easement and may not be modified except by an instrument in writing signed by the Parties. In the event of any conflict between the terms of the Original Deed and the terms of this Easement Amendment, the terms of this Easement Amendment shall control.
4. Consents and Approvals. Whenever this Easement Amendment requires or permits the giving by San Francisco or the SFPUC of any consent or approval, the General Manager of the SFPUC, or his or her designee, shall be authorized to provide such consent or approval, except as otherwise provided by applicable law, including San Francisco's Charter. No consent, approval, election, or option shall be effective unless given in writing.
5. Runs with the Land. The provisions of this Easement Amendment shall run with the land, burden the Property, and bind and inure to the benefit of the respective successors and assigns of San Francisco and the Jefferson Elementary School District.
6. Further Instruments. The Parties to this Easement Amendment agree to execute such further instruments and to take such further actions as may be reasonably required to carry out the intent of this Easement Amendment.
7. Counterpart Signatures. This instrument may be executed in counterparts, each of which when duly executed shall be deemed an original, but all of which together shall constitute one and the same instrument.
8. Warranty of Authority. Each person signing this Easement Amendment warrants and guarantees that s/he is legally authorized to execute this Easement Amendment on behalf of the designated entity, and that such execution shall bind the designated entity to the terms of this Easement Amendment.
[SIGNATURES ON FOLLOWING PAGE]
ISR642736) 3 Easement Amendment draft SFPUC- District redlines (SR642736xD9697) - (FINAL) - 11.05.21
IN WITNESS WHEREOF, the Parties to this Easement Amendment have executed this Easement Amendment as of the date first above written.
SAN FRANCISCO: JEFFERSON ELEMENTARY SCHOOL
DISTRICT:
CITY AND COUNTY OF SAN FRANCISCO, JEFFERSON ELEMENTARY SCHOOL a municipal corporation DISTRICT,
an elementary school district of the County of
San Mateo, State of California
By: By:
DENNIS J. HERRERA Bernardo
General Manager Superinten • enf
San Francisco Public Utilities Commission Jefferson Elementary School District APPROVED AS TO FORM: APPROVED AS TO FORM:
DAVID CHIU
City Attorney City Attorney
By: By:
Vincent Brown
Deputy City Attorney
San Francisco Public Utilities Commission
Resolution No. :
(SR642736} 4 Easement Amendment draft SFPUC- District redlines (SR642736xD9697) - (RIVAL) - 11.05.21
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
) ss
County of (5 2 ,? M )
On Deeemher q 292/before me, Chrislina , a notary public in and for said State, personally appeared Rernardb Vidaks who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
CHRISTINA B. TAGLE
comm. # 2331574
NOTARY PUBLIC • CALICO/IA
SAN MATEO COUNTY
AUG. 13 2024
{SR642736 }
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
) ss
County of
On , before me, , a notary public in
and for said State, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
{SR642736}
EXHIBIT A
Property Legal Description
(see attached)
ISR642736}
EXHIBIT "A"
Legal Description
For APN/Parcel ID(s): 008-082-160
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF DALY CITY, COUNTY OF SAN MATEO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
A portion of Pierce Street and a portion of Lots 14, 15, 16, 17 and 19, all as shown on that certain Map entitled, "Map of The Pierce, Van Winkle and Patten Tracts", filed December 19, 1883, in Volume B of Maps at Page 3, a copy entered in Volume 1 of Maps at Page 20, San Mateo County Records, and being more particularly described as follows:
BEGINNING at the point of intersection of the centerline of Westmoor Avenue (now called Eastmoor Avenue), a 70 foot street, with the centerline of Camelia Avenue, a 50 foot street, as shown on that certain Map entitled, "St. Francis Heights Unit No. 2, Daly City, San Mateo County, California", filed May 19, 1958, in Volume 49 of Maps at Pages 1, 2, 3 & 4, San Mateo County Records; running thence from said point of beginning along the centerline of said Westmoor Avenue (now called Eastmoor Avenue), North 89° 52' 55" West 265.00 feet to the intersection thereof with the centerline of St. Francis Boulevard, as shown on said Map; thence continuing, North 89° 52' 55" West 135.00 feet to a point on the Westerly line of the lands of Zita Corporation; thence along said Westerly line North 00° 07' 05" East 286.77 feet to a point in the centerline of Edgemar Road, as said Edgemar Road is described in Deed filed in Volume 239 of Deeds at Page 347, San Mateo County Records; thence along said Edgemar Road centerline, South 63° 09' 05" West 33.66 feet; thence leaving said line, North 00° 07' 05" East 203.23 feet to a point in the Southerly line of the aforesaid Pierce Street; thence crossing Pierce Street, North 00° 23' 40" West 40.00 feet to a point in the Southerly line of Tract 547, Broadmoor Village, as said Tract 547 is shown on that certain Map filed in Volume 24 of Maps at Pages 74 and 75, San Mateo County Records; thence along said Southerly line, North 89° 36' 20" East 660.18 feet to the Southeast corner of Lot 21, as shown on said Map of Tract 547, and the Southwest corner of Lot 2 in Block 3, as said Lot and Block are shown on that certain Map entitled, "Map of the lands of Schoolhouse Homestead Association", filed July 10, 1872, in Volume C of Maps at Page 61, and a copy entered in Volume 1 of Maps at Page 9, San Mateo County Records; thence along the Southerly line of said Lot 2, North 89° 36' 20" East 120.00 feet to the Westerly line of Annie Street, as shown on said last mentioned Map; thence corssing said Pierce Street, South 00° 23' 40" West 40.00 feet to a point in the Southerly line thereof; thence along the Southerly line of said Pierce Street, North 89' 36' 20" East 395.09 feet to the Northeast corner of Lot 14, as shown on the aforesaid Map of the Pierce, Van Winkle and Patten Tracts; thence along the Easterly line of said Lot 14, South 00° 23' 40" East 493.86 feet; thence North 85° 30 55" West 112.94 feet; and North 89° 52' 55" West 637.02 feet to the point of beginning.
EXCEPTING THEREFROM: All that portion of land conveyed to the City of Daly City, by that certain Grant Deed recorded November 3, 1960, in Volume 3885, of Official Records at Page 563.
Condition of Title Guarantee
CLTA Guarantee Form No 28 (06/05/2014) Printed: 10.29.19 @ 08:31 AM
EXHIBIT B
Copy of Original Deed
(see attached)
(SR642736)
RECORDER'S OFFICE SAN MATEO COUNTY
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EXHIBIT C
New Easement Legal Description
(see attached)
{SR642736}
David C. Jungmann, PLS 9267
October 12, 2021
Project No. 20190078
EXHIBIT C
SFPUC EASEMENT
LEGAL DESCRIPTION
All that real property situate in the City of Daly City, County of San Mateo, State of California, described as follows:
Being a portion of Lot 14 as shown on that certain Map entitled, "Map of The Pierce, Van Winkle and Patten Tracts", filed December 19,1883, in Volume B of Maps at Page 3, a copy entered in Volume 1 of Maps at Page 20, Official Records of said County, being more particularly described as follows:
Being the easterly 30.00 feet of said Lot 14.
Containing an area of 13,692 square feet more or less.
A plat showing the above-described parcel is attached hereto and made a part hereof.
This legal description was prepared by me or under my direction in conformance with the requirements of the Professional Land Surveyors' Act.
10/12/2021
Date
END OF DESCRIPTION
BKF ENGINEERS
255 Shoreline Drive, Suite 200, Redwood City, CA 94065 I 650.482.6300
EXHIBIT D
Plat Map
(see attached)
{SR642736}
siaotai6u3 3 >ie 0
DATE 10/12/2021
JOB NO. 20190078
BY MJD APPR. DCJ
30'—•--
LANDS OF
JEFFERSON SCHOOL DISTRICT
PORTION OF LOTS 14, 15, 16, 17, 19
1 MAPS 20
B MAPS 3 30' SFPUC EASEMENT
AREA = 13,692± SQ. FT.
LANDS OF
SP PENNSULA DEL REY LLC
DN 2019-060712
30'
EASTMOOR AVENUE
(70' WIDE RTW - A PUBLIC STREETT
LEGEND
R/VV RIGHT OF WAY
SQ.FT. SQUARE FEET
PROPOSED EASEMENT LINE
LOT LINE
ROAD CENTERLINE
GRAPHIC SCALE
150 300
LANDS OF
455 EASTMOOR PARTNERS
DN 2014-115947
PIERCE STREET
(50' WIDE R/W - A PUBUC STREET)
SUBJECT EXHIBIT D - PLAT TO ACCOMPANY
LEGAL DESCRIPTION
2 OF 2
255 SHORELINE DR.,
SUITE 200
REDWOOD CITY, CA 94065
gi
er Al (650) 482-6300
www.bkf.com