DEPARTMENT Real Estate Services Division AGENDA NO. 12
MEETING DATE September 13, 2022
APPROVAL:
COMMISSION
SECRETARY
Donna Hood
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Real Estate Agreement for Sale of Real Estate: Regular Calendar Deputy General Manager: Ronald P. Flynn
Real Estate Director: Rosanna Russell
Adopt a Declaration of Surplus Property and Exempt Surplus Property Pursuant to the Charter and the California Surplus Land Act ; Recommend to the Board of Supervisors the Sale of Approximately 17,832 Square Feet of Unimproved Land in Fee and approximately 17,733 Square Feet of Easement Areas Located in the City of Fremont and in Unincorporated Areas of Alameda County, and Authorize the General Manager to Execute , Upon Approval From the Board of Supervisors and Mayor, an Agreement for Sale of Real Estate , Temporary Construction Easement and Utility Easement
Summary of
Proposed
Commission Action:
Declare as surplus to utility needs approximately (a) 8,925 square feet of unimproved agricultural land designated as a portion of San Francisco Public Utilities Commission (SFPUC) Parcel No. 57 also designated as a portion of Assessor Parcel No. 507-761-2-4 in the City of Fremont in Alameda County, California, (b) approximately 8,907 square feet of unimproved agricultural land, and (c) approximately 1,583 square feet of permanent easement area designated as portions of SFPUC Parcel No. 65 and designated as portions of Assessor Parcel No. 96-376-5 in an unincorporated area of Alameda County, California, owned by the City and County of San Francisco (City), under the jurisdiction of the SFPUC; recommend that the Board of Supervisors approve of an Agreement for Sale of Real Estate, Temporary Construction Easement, and Utility Easement (Sale Agreement) with the State of California acting by and through its Depa
rtment of Transportation (Caltrans) for the sale of
approximately 17,832 square feet of unimproved land in fee (Fee Interest), an approximately 16,150 square f oot temporary construction easement (TCE), and an approximately 1,583 square f oot electric utility easement (Utility Easement), which Utility Easement will be for the benefit of Pacific Gas & Electric Company (PG&E), in SFPUC Parcel Nos. 57 and 65 for a total purchase price of Eleven Thousand Nine Hundred Seventy Dollars ($11,970).
The Fee Interest, the TCE, and the Utility Easement are collectively referred to as the Property ; authorize the City’s Director of Property and/or the SFPUC General Manager to execu te deeds conveying fee and easement interests in the Property to Caltrans; and authorize the General Manager to Agreement: Authorize Sale of Portions of City’s Real Property in Unincorporated Alameda County Commission Meeting Date: September 13, 2022
execute the Sale Agreement upon approval from the Board of Supervisors and Mayor.
Background: The City, through the SFPUC, owns unimproved agricultural real property located along State Route 84 (SR-84) in the City of Fremont in Alameda County, California, designated as SFPUC Parcel No. 57 and along SR 84 in the unincorporated town of Sunol in Alameda County, California designated as SFPUC Parcel No. 65.
Caltrans proposes to construct safety improvements and address structural and operational deficiencies at spot locations along SR-84 on Niles Canyon Road and Paloma Way between S R-84 and Interstate 680 ( I-680) in southern Alameda County (Project).
Caltrans Purchase
As a component of the Project, Caltrans seeks to acquire the Property from the City to construct the Project improvements. The SFPUC has reviewed and approved Caltrans’ plans for the Project.
Caltrans has authority to exercise the power of eminent domain to compel the City to sell the fee and easement interest comprising th e Property. Caltrans and the City each recognize the expense, time, effort, and risk to both parties in determining the compensation for Caltrans’ acquiring the Property by eminent domain litigation. To avoid such litigation, the parties desire to enter into the Sale Agreement.
Pursuant to Section 23.3 of the Administrative Code, the City may convey the Property to Caltrans without a competitive bidding process if the Board of Supervisors determines a competitive process “is impractical, impossible, or is otherwise not in the public interest.”
In this case, a competitive bidding process is impractical and otherwise not in the public interest because the sale of the Property to Caltrans will avoid the expense, time, effort, and risk of eminent domain litigation and will support the construction of public highway improvements.
Surplus Land
On May 18, 2021, under Charter section 8B.121, the Assistant General Managers of the Water, Wastewater, and Power Enterprises, executed a declaration of underutilization, declaring that the Fee Interest and the Utility Easement not essential the SFPUC’s utility needs. The declaration of underutilization is attached to this Agenda Report as Exhibit 4.
The Property is deemed “surplus land,” as defined in California Government Code Section 54221(b), because it is owned in fee simple by City and not necessary for City’s use.
In addition, the Property is de emed “exempt surplus land,” as defined in California Government Code 54221(f)(1)(D), because it is surplus land that City is transferring to another local agency for that agency’s use.
Agreement: Authorize Sale of Portions of City’s Real Property in Unincorporated Alameda County Commission Meeting Date: September 13, 2022
Valuation of the Property
Caltrans’ offer of fair and just compensation for the Property was made in accordance with California Government Code 7267.2. Caltrans’ staff appraiser appraised the fair market value of City’s Real Property as of April 2021 at $11,970. The City’s Director of Property approved the appraisal on June 17, 2021. Caltrans’ staff appraiser updated its appraisal as of April 2022 and confirmed no change in its original value conclusion.
On June 8, 2022, the State agreed to purchase City’s Real Property for $11,970 pursuant to the terms of the Sale Agreement.
In contemplation of entering int o the Sale Agreement, Caltrans and the SFPUC entered into a License Agreement, dated for reference purposes as of August 4, 2020, denominated as License #P4433, as amended by that certain First Amendment to License Agreement, dated December 10, 2020 , and
further amended by that certain Second Amendment to License Agreement, dated December 31, 2021 (toge ther, the License Agreement), pursuant to which the SFPUC granted to Caltrans temporary possession and use of the Property to construct certain Project components and meet its project certification deadline. The License Agreement expires the earlier of (a) December 31, 2023; (b) the date Caltrans acquires fee or easement interests in all or part of the Property; or (c) immediately upon City’s written notice of termination to Licensee given after a material default by Licensee of its obligations under this License and Licensee’s failure to cure such default within twenty-one days of City’s notice to Licensee specifying such default.
On May 18, 2021, the Assistant General Managers of the Water, Wastewater, and Power Enterprises, executed a declaration of underutilization, declaring that the Fee Interest and the Utility Easement not essential to the SFPUC’s utility needs. The declaration of underutilization is attached to this Agenda Report as Exhibit 4.
City, through the SFPUC, intends to sell the Property to Caltrans on an “as-is with all faults” basis.
The proposed conveyances of the Property are subject to approval by the Board of Supervisors and the Mayor.
Environmental
Review:
On January 18, 2018, the State of California Department of Transportation (“CalTrans”) certified a Final Environmental Impact Report (FEIR) / Environmental Assessment with Finding of No Significant Impact (FONSI) for the Niles Canyon Safety Improvements Project (“Project”) pursuant to the California Environmental Quality Act (CEQA). On June 30, 2022 Caltrans issued a National Environmental Policy Act (NEPA)/CEQA Re -Validation Form to correct an administrative discrepancy in the FEIR/FONSI regarding right-of-way requirements.
The SFPUC is a Responsible Agency acting under the CEQA Guidelines Sections 15096 and 15381 for the proposed Project because approval and Agreement: Authorize Sale of Portions of City’s Real Property in Unincorporated Alameda County Commission Meeting Date: September 13, 2022
execution of the Agreement for Sale of Real Estate, Temporary Construction Easement, and Utility Easement (“Agreement”) for Caltrans to carry out the proposed Project is a discretionary action subject to compliance with the CEQA. The SFPUC has reviewed the FEIR/FONSI and determined approval and execution of the Agreement is within the scope of the FEIR/FONSI, and that the FEIR/FONSI is adequate for these action s. The Responsible Agency Findings to be adopted by this Commission support the action to approve and execute the Agreement.
Caltrans has adopted the mitigation measures
included in the EIR/FONSI and has assumed responsibility for their implementation and these measures are included in the Environmental Commitments Record (which is the equivalent to the Mitigation Monitoring and Reporting Program) found in Appendix D of the FEIR.
The FEIR/FONSI, NEPA/CEQA Re -Validation Form, CEQA Findings, Environmental Commitments Record (in Appendix D of the FEIR) , and SFPUC Responsible Agency Findings can be found here:
https://sfpuc.sharefile.com/d-s04518ef2bb4f4c3190066f4678a47d8b
Result of Inaction: A delay in adopting the attached resolution would cause Caltrans to exercise its power of eminent domain and compel the City to sell portions of the Property, consequently costing the City additional expense, time, and effort defending the eminent domain litigation.
Budget & Costs: The City, through the SFPUC, proposes to convey the Property to Caltrans and PG&E , as applicable, for Eleven Thousand Nine Hundred Seventy Dollars ( $11,970), which represents fair and just compensation for the Property in accordance with California Government Code Section 7267.2. In addition, Caltrans will pay any prorated property taxes, assessments, and other charges as of the date of sale, including escrow fees, recording costs, and other closing costs, if any.
Description of
Agreement:
Parties to the
Agreement for Sale of
Real Estate:
City and County of San Francisco, acting
through the SFPUC, and the State of California,
acting by and through its Department of
Transportation.
Purpose: The sale of fee and easement interests in certain portions of the Property, known as SFPUC as
Parcel No. 57 and Parcel No. 65, to Caltrans.
Location: Spot locations along SR -84 on Niles Canyon
Road and Paloma Way between State Route 238
and Interstate 680 in southern Alameda County
along SR-84 and I-680 in the City of Fremont
and in unincorporated Alameda County,
California.
Effective Date: The date on which each of the follo wing has been completed : (a) the Sale Agreement has
Agreement: Authorize Sale of Portions of City’s Real Property in Unincorporated Alameda County Commission Meeting Date: September 13, 2022
been mutually executed and delivered by the
State, and (b) City’s Board of Supervisors and
Mayor have adopted or enacted a resolution or
an ordinance approving and authorizing the Sale
Agreement.
Closing Date: The date that is (a) not more than ninety (90) days after the expiration of the Contingency
Period [defined in Section 5.2(b) of the Sale
Agreement] and enactment of City’s Board of
Supervisors resolution or ordinance, or (b) such
earlier date and time as the State and City may
mutually agree upon in writing.
Recommendation: SFPUC staff recommends that the Commission adopt the attached resolution.
Attachments: 1. Agreement for Sale of Real Estate, Temporary Construction Easement, and Utility Easement
2. Responsible Agency Findings Memorandum
3. Declaration of Underutilization
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
WHEREAS, The City and County of San Francisco (City) owns certain unimproved real property presently under the jurisdiction of the San Fran cisco Public Utilities Commission (SFPUC) located along State Route 84 (SR -84) i n the City of Fremont, California, known as SFPUC Parcel No. 57 and certain unimproved real property located in th e unincorporated Town of Sunol in Alameda County, California, known as SFPUC Parcel No. 65 (collectively, the City’s Real Property); and
WHEREAS, The California Department of Transportation ( “Caltrans”) proposes to construct certain safety improvements and address structural and operational deficiencies at spot locations along SR -84 on Niles Canyon Road and Paloma Way between State Route 238 and Interstate 680 in southern Alameda County (Project); and WHEREAS, As a component of the Project, Caltrans seeks to acquire in fee portions of the City’s Real Property, consisting of approximately 17,832 square feet in the aggregate (Fee Interest), obtain a temporary construction easement of approximately 16,150 square feet upon the City’s Real Property for constructing, installing, removing, and relocating certain improvements along SR-84 (TCE”), and acquire a utility easement of approximately 1,583 square feet upon the City’s Real Property for the benefit of Pacific Gas & Electric Company (PG&E) (Utility Easement) within the Project area. The Fee Interest, the TCE and the Utility Easement are collectively referred to as the Property; and
WHEREAS, Caltrans has authority to exercise the power of eminent domain and to compel City to sell the Property; and
WHEREAS, Caltrans and City recognize the expense, time, effort, and risk to both parties in determining the compensation for acquiring the Property by eminent domain litigation, and to avoid such litigation, Caltrans and City desire to enter into an Agreement for Sale of Real Estate, Temporary Construction Easement and Utility Easement (Sale Agreement); and WHEREAS, On May 18, 2021, in conformance with Charter section 8B.121, the Assistant General Managers of the Water, Wastewater, and Power Enterpris es declared that the approximately 17,830 square foot portions of SFPUC Parcel No. 57 to be sold in fee to Caltrans as the Fee Interest and the approximately 1,533 square feet of permanent easement interest to be conveyed to PG&E as the Utility Easement were not essential to the SFPUC’s utility needs , as evidenced by the executed declaration attached to the Agenda Report accompanying this Resolution; and
WHEREAS, The Property is “ surplus land”, as defined in California Government C ode Section 54221(b), because it is owned in fee simple by City and not necessary for City’s use; and WHEREAS, The Property is “exempt surplus land”, as defined in California Government Code Section 54221(f)(1)(D), because it is surplus land that the City is transferring to an agency of the State of California for that agency’s use; and
WHEREAS, Pursuant to Section 23.3 of the Administrative Code, the City may convey the Property to Caltrans without a competitive bidding process if the Board of Supervisors determines that a competitive process “is impractical, impossible, or is otherwise not in the public interest”; and
WHEREAS, In this case, a competitive bidding process is impractical and is otherwise not in the public interest because the sale of the Property to Caltrans will avoid the expense, time, effort, and risk of eminent domain litigation and will s upport the construction of public highway improvements, and because the Property's location and dimensions make use by any other entity impractical; and
WHEREAS, The City, through the SFPUC, intends to sell the Property to Caltrans on an "as-is with all faults" basis; and
WHEREAS, Caltrans’ offer of fair and just compensation in the sum of Eleven Thousand Nine Hundred Seventy Dollars ($11,970) for its purchase of the fee and easement interests in portions of the City’s Real Property, including the Utility E asement that will be conveyed to PG&E, was made in accordance with California Government Code 7267.2; and WHEREAS, On January 18, 2018, Caltrans , acting as the California Environmental Quality Act (CEQA) lead agency, certified a Final Environmental Impact Report (FEIR) / Environmental Assessment with Finding of No Significant Impact (FONSI) for the Niles Canyon Safety Improvements Project (“Project”); and
WHERAS, On June 30, 2022 Caltrans issued a National Environmental Policy Act (NEPA)/CEQA Re-Validation Form to correct an administrative discrepancy in the FEIR/FONSI regarding right-of-way requirements; and
WHEREAS, Caltrans has adopted the mitigation measures included in the FEIR/FONSI to avoid or substantially lessen the significant environmental effects identified in the FEIR/FONSI and set forth in the Environmental Commitments Record (which is the equivalent to the Mitigation Monitoring and Reporting Program), and has assumed responsibility for their implementation; and WHEREAS, the FEIR/FONSI, NEPA/CEQA Re -Validation Form, CEQA Findings, Environmental Commitments Record, and SFPUC Responsible Agency Findings 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 Caltrans adopted the FEIR/FONSI, 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 FEIR/FONSI; and
WHEREAS, This Commission, acting as a responsible agency under the CEQA Guidelines Sections 15096 and 15381, has reviewed the FEIR/FONSI and has determined that the approval and execution of the Agreement is within the scope of the Project’s CEQA approval, and that the FEIR/FONSI and other materials are adequate for use in approval and execution of the Agreement; and
WHEREAS, The SFPUC has no direct authority or responsibility with respect to the proposed Project other than to enable Caltrans, through approval and execution of the Agreement, to carry out the proposed Project; now, therefore, be it RESOLVED, This Commission has reviewed and considered the FEIR/FONSI and record and finds that the FEIR/FONSI is a dequate 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 FEIR/FONSI was finalized, there have been no substantive Project changes and no substantial changes in Project circumstances that would require revisions to the FEIR/FONSI 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 FEIR/FONSI; and be it
FURTHER RESOLVED, The SFPUC adopts the findings contained in the recitals set forth above as if set forth here in full; and be it
FURTHER RESOLVED, That this Commission hereby declares the Property surplus to the SFPUC's utility needs in accordance with Section 8B.121(e) of the City Charter; and be it FURTHER RESOLVED, That this Commission finds, in consideration of the foregoing, that the Property is “surplus land,” as defined in California Government Code Section 54221(b), because it is owned in fee simple by the City and not necessary for the City’s use; and be it
FURTHER RESOLVED, That this Commission finds, in consideration of the foregoing, that the Property is “ exempt surplus land” , as defined in Government Code Section 5422l(f)(l)(D), because it is surplus land that the City, a local agency, is transferring to Caltrans, an agency of the State of California, for that agency’s use; and be it
FURTHER RESOLVED, That this Commission asks the Board of Supervisors to determine, in accordance with Section 23.3 of the Administrative Code, that a competitive bidding process for the conveyance of the Property is impractical and is otherwise not in the public interest because the sale of the Property to Caltrans will avoid the expense, time, effort, and risk of eminent domain litigation and will support the construction of public highway improvements and the Property's location and dimensions make use by any other entity impractical; and be it
FURTHER RESOLVED, That this Commission hereby approves the terms and conditions of the Sale Agreement; and be it
FURTHER RESOLVED, That this Commission hereby authorizes the SFPUC General Manager to execute the Sale Agreement, upon approval from the Board of Supervisors and Mayor; and be it
FURTHER RESOLVED, That this Commission hereby ratifies, approves, and authorizes all actions heretofore taken by any City official in connection with this Agreement; and be it
FURTHER RESOLVED, That this Commission herby authorizes the SFPUC General Manager and/or City’s Director of Property to enter into any amendments or modifications to the Sale Agreement, including, without limitation, the exhibits, that the SFPUC General Manager and/or the City’s Director of Property 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 and intent of the Sale Agreement or this resolution; and are in compliance with all applicable laws, including the City Charter.
I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of September 13, 2022.
Secretary, Public Utilities Commission
OUR MISSION: To provide our customers with high-quality, efficient and reliable water, power and sewer services in a manner that values environmental and community interests and sustains the resources entrusted to our care.
Environmental Management
525 Golden Gate Avenue, 6th Floor
San Francisco, CA 94102
T 415.934.5700
F 415.934.5750
TTY 415.554.3488
MEMORANDUM
DATE: July 27, 2022
TO: Ros anna Russell, Real Estate Services Director
FROM: Karen E. Frye, Acting Manager
SUBJECT: Responsible Agency Findings for Use and Sale of SFPUC Right - of-Way for the Niles Canyon Safety Improvements Project
cc: Tony Bardo, Real E state Services
Whitney Broeking, Environmental Project Manager
The California Department of Transportation (Caltrans) proposes the Niles Canyon Safety Improvements Project (Project) in Alameda County, California.
The Project would improve safety at spot locations along State Route (SR) 84 on Niles Canyon Road and Paloma Way between SR-238 and Interstate 680 (I- 680). Project improvements include: a) roadway widening and signalizing the intersection of SR-84 at Pleasanton-Sunol Road and Main Street; b) upgrading barriers and widening road shoulders; c) installing rockfall protection; d) installing lighting, speed feedback systems, and dynamic warning systems; e) relocating flashing beacons near the Palomares undercrossing; f) replacing the Stonybrook concrete box culvert with a clear span bridge; and g) removing the existing fence surrounding a Pacific Gas and Electric Company (PG&E) utility pole and installing a new field fence. Work would be conducted on SR-84 in the City of Fremont, the unincorporated Town of Sunol, and other portions of unincorporated Alameda County. To construct and operate the Project, Caltrans requires use of portions of property owned by the SFPUC (SFPUC Parcel Nos. 57 and 65) located adjacent to SR-84.
Acting as Lead Agency under the California Environmental Quality Act (CEQA) and National Environmental Policy Act NEPA), Caltrans prepared the Niles Canyon Safety Improvements Project Environmental Impact
Rosanna Russell, Real Estate Services Director
Responsible Agency Findings for Use and Sale of SFPUC Right-of-Way for the Niles Canyon Safety Improvements Project
July 27, 2022
Report/Environmental Assessment with Finding of No Significant Impact (EIR/FONSI) for the proposed action, pursuant to the provisions of CEQA and NEPA. Caltrans certified the EIR/FONSI and the mitigation measures set forth in the EIR/FONSI on January 18, 2018 (State Clearinghouse Number 2015092075). Caltrans prepared a NEPA/CEQA Re-Validation Form for the EIR/FONSI to address the need for additional temporary construction easement and purchase of additional land in fee. Caltrans studied and permitted the additional area prior and concluded that this change in scope would not result in any new environmental impacts not addressed by the EIR/FONSI (Caltrans, June 30, 2022).
The SFPUC is a Responsible Agency for the proposed action under CEQA because the proposed action requires SFPUC consent for Caltrans temporary use of and purchase of SFPUC ROW and for issuance of an electrical utility easement to implement the proposed action. Issuance of the agreement for sale of real estate, temporary construction easement, and utility easement (Sale Agreement) is a discretionary action by the SFPUC that is subject to compliance with the CEQA. These Findings address SFPUC’s action in issuing the Sale Agreement for the proposed action.
As a Responsible Agency, the SFPUC has reviewed the EIR/FONSI and NEPA/CEQA Re-Validation Form and finds that:
1) SFPUC’s issuance of the Sale Agreement for SFPUC Parcel No. 65 is within the scope of the proposed action’s CEQA approval and that these documents are adequate for SFPUC’s use in issuing the Sale Agreement for the proposed action. Caltrans’ approval of the action, the EIR/FONSI, the NEPA/CEQA Re-Validation Form, CEQA Findings, and other materials related to the proposed action are part of the record of this approval and are available for public review at the SFPUC offices, Real Estate Services Division, 525 Golden Gate Avenue, 10th Floor, San Francisco, CA.
2) Since Caltrans approved the proposed action and completed the Re- Validation of the EIR/FONSI, there have been no substantial changes to the proposed action or changes in circumstances related to the proposed action that would result in new significant environmental effects or an increase in the severity of previously identified significant impacts, and Rosanna Russell, Real Estate Services Director
Responsible Agency Findings for Use and Sale of SFPUC Right-of-Way for the Niles Canyon Safety Improvements Project
July 27, 2022
there is no new information of substantial importance that would change the conclusions set forth in the EIR/FONSI.
3) Caltrans has adopted the mitigation measures included in the EIR/FONSI and has assumed responsibility for their implementation.
The SFPUC has no direct authority or responsibility with respect to the proposed action other than to enable the Project Sponsor through issuance of the Sale Agreement to carry out the proposed action.
Services of the San Francisco Public Utilities Commission
OUR MISSION: To provide our customers with high-quality, efficient and reliable water, power and sewer services in a manner that values environmental and community interests and sustains the resources entrusted to our care.
525 Golden Gate Avenue, 10th Floor
San Francisco, CA 94102
May 18, 2021
Memorandum
To: Steve Ritchie, Assistant General Manager, Water
Barbara Hale, Assistant General Manager, Power
Greg Norby, Assistant General Manager, Wastewater
cc: Michael Carlin, Acting General Manager
Tim Ramirez, Director, Natural Resources and Lands Management Tony Bardo, Assistant Real Estate Director
From: Rosanna Russell, Real Estate Director
Re: Request for Declaration that portions of SFPUC Parcel Nos. 57 and 65 are not essential to the SFPUC’s utility operations.
We seek a declaration that approximately 8,925 square f eet o f unimproved land in the City of Fremont in Alameda County, California and approximately 8,905 square feet of unimproved land and 1,583 square feet of permanent easement area in the unincorporated Town of Sunol in Alameda County, California (together the “City Property”) each owned by the City and under the jurisdiction of the SFPUC, are not essential to the SFPUC’s utility needs. The City Property is commonly known as (1) portions of SFPUC Parcel No. 57 and designated as portions of Assessor Parcel No. 507-761-2-4 and (2) portions of SFPUC Parcel No. 65 and designated as portion s of Assessor Parcel No. 96- 375-5.
Background
California’s Department of Transportation (“ Caltrans”) proposes to construct certain safety improvements to address structural and operational deficiencies at spot locations along SR -84 on Niles Canyon Road and Paloma Way between State Route 238 and Interstate 680 in southern Alameda County (“Project”). The SFPUC has reviewed and approved Caltrans’ plans for the Project.
As a component of the Project, Caltrans desires to acquire the City Property and has authority to exercise the power of eminent domain and compel City to sell the City Property. Caltrans and City recognize the expense, time, effort, and risk to both parties in determining the compensation for acquiring the City Property by eminent domain litigation. To avoid such litigation, Caltrans and City desire to enter into a sale agreement.
DocuSign Envelope ID: 24C8C269-8AEE-4148-9FC0-40868561743E
Attached is a declaration statement. Please sign the statement if you agree that the City Property is not essential to the SFPUC’s utility needs. If you sign the attached declaration, we will negotiate the sale of the City Property to Caltrans.
DocuSign Envelope ID: 24C8C269-8AEE-4148-9FC0-40868561743E
STATE OF CALIFORNIA
CALIFORNIA STATE TRANSPORTATION AGENCY
DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY
APPRAISAL MAP
A-10807.6
ALAMEDA COUNTY
TO HAYWARD
T. 4 S., R. 1. W., M.D.B.&M.
TO SUNOL
SECTION 14
SECTION 14
MISSION SAN JOSE
DocuSign Envelope ID: 24C8C269-8AEE-4148-9FC0-40868561743E Δ
Δ
Δ
Δ
Δ
STATE OF CALIFORNIA
CALIFORNIA STATE TRANSPORTATION AGENCY
DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY
APPRAISAL MAP
A-10807.7
NOTES:
SEE A-10807.8
TO HAYWARD
ALAMEDA COUNTY
RANCHO EL VALLE DE SAN JOSE
SUNOL
DocuSign Envelope ID: 24C8C269-8AEE-4148-9FC0-40868561743E
STATE OF CALIFORNIA
CALIFORNIA STATE TRANSPORTATION AGENCY
DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY
APPRAISAL MAP
A-10807.8
ALAMEDA COUNTY
SEE A-10807.7
TO STATE ROUTE 680
RANCHO EL VALLE DE SAN JOSE
SUNOL
NOTE:
DocuSign Envelope ID: 24C8C269-8AEE-4148-9FC0-40868561743E
Services of the San Francisco Public Utilities Commission
OUR MISSION: To provide our customers with high-quality, efficient and reliable water, power and sewer services in a manner that values environmental and community interests and sustains the resources entrusted to our care.
May 18, 2021
The approximately 17,83 2 square feet of unimproved agricultural land and 1,583 square feet of permanent easement area under the jurisdiction of the Water Enterprise (“City Property”) along State Route 84 and along Pleasanton Sunol Road in Alameda County, California, are designated as portions of SFPUC Par cel No s. 57 and 65 , and also designated as portions of Assessor Parcel Nos. 507- 761-2-4 and 96- 375-5. The City Property is generally depicted in the map attached as Exhibit A..
The City Property is not essential to the SFPUC's utility needs.
SAN FRANCISCO PUBLIC UTILITIES COMMISSION
By: _________________________________________________
Steve Ritchie, Assistant General Manager, Water Enterprise
Date: ____________________
By: _________________________________________________
Barbara Hale, Assistant General Manager, Power Enterprise
Date: ____________________
By: ____________________________________________________ Greg Norby, Assistant General Manager, Wastewater Enterprise
Date: ____________________
DocuSign Envelope ID: 24C8C269-8AEE-4148-9FC0-40868561743E 05/18/2021 | 11:26:51 AM PDT
05/20/2021 | 10:19:03 AM PDT
05/20/2021 | 1:53:48 PM PDT
Certificate Of Completion
Envelope Id: 24C8C2698AEE41489FC040868561743E Status: Completed Subject: Please DocuSign: Declaration of Underutilization Niles Canyon Safety Imp.pdf Source Envelope:
Document Pages: 6 Signatures: 3 Envelope Originator:
Certificate Pages: 2 Initials: 0 Anthony Bardo
AutoNav: Enabled
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
525 Golden Gate Ave
San Francisco, CA 94102
[email protected]
IP Address: 67.218.104.126
Record Tracking
Status: Original
5/18/2021 11:15:41 AM
Holder: Anthony Bardo
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Steve Ritchie
[email protected]
0955 Asst. General Manager
CCSF - PUC
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Signature Adoption: Pre-selected Style
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Barbara Hale
[email protected]
Assistant General Manager, Power
CCSF - PUC
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Signature Adoption: Uploaded Signature Image
Using IP Address: 67.218.104.126
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Gregory Norby
[email protected]
CCSF - PUC
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Sent: 5/20/2021 10:19:05 AM
Viewed: 5/20/2021 1:53:21 PM
Signed: 5/20/2021 1:53:48 PM
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Envelope Sent Hashed/Encrypted 5/18/2021 11:20:11 AM
Certified Delivered Security Checked 5/20/2021 1:53:21 PM Signing Complete Security Checked 5/20/2021 1:53:48 PM
Completed Security Checked 5/20/2021 1:53:48 PM
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