City Council Agenda Report Meeting Date: October 6, 2026 TO: City Council
FROM: Brendan Ottoboni, Director of Public Works – Engineering RE: Agreement for Acquisition of Public Utility Easements - (North Esplanade Reconstruction Project CIP 50067)
REPORT IN BRIEF:
At its May 5, 2026, closed session meeting, the City Council authorized the City Manager to commence negotiations for the acquisition of sixteen (16) Public Utility Easements (PUEs) from eight (8) property owners in connection with the North Esplanade Reconstruction Project.
At this time, the City, as a willing buyer, and six (6) property owners, as willing sellers, have reached agreement on the acquisition prices for thirteen (13) PUEs, based on their respective appraised values, as follows:
1. Owner: Nella Enterprises Inc
APN: 006-190-010 (portion)
Address: 3355 Esplanade, Chico, CA 95973
Terms: One (1) Public Utility Easement - $22,350
2. Owner: Jason and Tami Smith
APN: 006-210-106 (portion)
Address: 3268 Esplanade, Chico, CA 95973
Terms: One (1) Public Utility Easement - $4,100
3. Owner: Karen E. Robinette and George L. Robinette
APN: 006-220-022 and 006-220-023 (portion)
Address: 3326 and 3328 Esplanade, Chico, CA 95973
Terms: Two (2) Public Utility Easements - $13,400
4.a Owner: Lewis A. Everett, Jr and Marilyn S. Everett
APN: 006-190-051(portion)
Address: 3337 Esplanade, Chico, CA 95973
Terms: One (1) Public Utility Easement - $9,400
and
4.b Owner: Lewis A. Everett, Jr and Marilyn S. Everett
APN: 006-190-053 (portion)
Address: 116 Innsbrook Way, Chico, CA 95973
Terms: One (1) Public Utility Easement - $18,750
5. Owner: Chico Area Park and Recreation District
APN: 006-220-014 (portion)
Address: 3428 Esplanade, Chico, CA 95973
Terms: Four (4) Public Utility Easements - $0,00
6. Owner: Merle A. Webb & Sons LP
APN: 006-840-001 and 006-840-060 (portion)
Address: 101 & 100 Risa Way, Chico, CA 95973
Terms: Three (3) Public Utility Easements - $15,700
RECOMMENDATION:
The Director of Public Works - Engineering recommends adoption of the following resolutions:
RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE
THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH
THE ACQUISITION OF A PUBLIC UTILITY EASEMENT LOCATED ALONG THE ESPLANADE (PORTION OF APN 006-190-010) – NELLA ENTERPRISES, INC., A
CALIFORNIA CORPORATION
RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE
THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH
THE ACQUISITION OF A PUBLIC UTILITY EASEMENT LOCATED ALONG THE ESPLANADE (PORTION OF APN 006-210-106) – JASON F. SMITH AND TAMI S. SMITH,
HUSBAND AND WIFE AS JOINT TENANTS
RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE
THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH
THE ACQUISITION OF A PUBLIC UTILITY EASEMENTS LOCATED ALONG THE ESPLANADE (PORTION OF APN 006-220-022 AND APN 006-220-023) – KAREN E.
ROBINETTE AND GEORGE L. ROBINETTE AS TRUSTEES OF THE KAREN ROBINETTE AND GEORGE ROBINETTE TRUST DATED JULY 3, 2023
RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE
THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH
THE ACQUISITION OF A PUBLIC UTILITY EASEMENT LOCATED ALONG THE ESPLANADE (PORTION OF APN 006-190-051) – LEWIS A. EVERETT, JR. AND MARILYN S.
EVERETT, TRUSTEES, OR THEIR SUCCESSORS IN TRUST UNDER THE EVERETT FAMILY LIVING TRUST, DATED NOVEMBER 11, 2019
RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE
THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH
THE ACQUISITION OF A PUBLIC UTILITY EASEMENT LOCATED ALONG THE ESPLANADE (PORTION OF APN 006-190-053) – LEWIS A. EVERETT, JR. AND MARILYN S.
EVERETT, TRUSTEES, OR THEIR SUCCESSORS IN TRUST UNDER THE EVERETT FAMILY LIVING TRUST, DATED NOVEMBER 11, 2019
RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE
THE ACKNOWLEDGEMENT FOR DONATION AGREEMENT AND ANY RELATED
DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF PUBLIC UTILITY EASEMENTS LOCATED ALONG THE ESPLANADE (PORTION OF APN 006-220-014) –
CHICO AREA RECREATION AND PARK DISTRICT
RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE
THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH
THE ACQUISITION OF PUBLIC UTILITY EASEMENTS LOCATED ALONG THE ESPLANADE (PORTION OF APN 006-840-001 AND 006-840-060) – MERLE A. WEBB &
SONS, LP, A CALIFORNIA LIMITED PARTNERSHIP
FISCAL IMPACT: Budgeted: Yes Supplemental Required: No
The combined purchase price of $83,700 for thirteen (13) PUEs acquired from the six (6) property owners will be funded through Street Facility Improvement funds (308).
BACKGROUND:
In advance of the City’s North Esplanade Project, which will reconstruct the existing roadway from Eaton Rd to Leora Ct. with complete street improvements, all existing overhead utility lines will be placed underground by the respective utility companies using California Public Utility Commission (CPUC) Rule 20A Program credits. Rule 20A credits are allocated by the CPUC to utility providers and are funded through utility tariffs collected from ratepayers to support eligible undergrounding projects that provide a public benefit.
Under the General Conditions Agreement between the City and PG&E, which administers the underground project, the City is responsible for securing the necessary easements through the acquisition of PUEs. The sixteen (16) PUEs from eight (8) property owners are needed to facilitate the placement of underground utility infrastructure and related appurtenances outside of the existing public right-of-way where space constraints limit feasible installation. Acquiring PUEs will provide the necessary property rights for electrical and communication facilities, while also allowing the City to utilize the easements for future public utility needs, ensuring long-term access for operation and maintenance for all utility infrastructure. Without these easement acquisitions, PG&E may be unable to administer and implement the planned underground utility improvements necessary to support the overall North Esplanade Project.
ENVIRONMENTAL REVIEW:
The City of Chico filed a Notice of Determination with the Butte County Clerk Recorder’s Office on September 14, 2023, for the North Esplanade Reconstruction Project in accordance with the California Environmental Quality Act.
ATTACHMENTS:
Exhibit A – Map of area
Attachment A: Reso & Purchase Agreement- APN: 006-190-010 - Nella Enterprises Inc Attachment B: Reso & Purchase Agreement- APN: 006-210-106 - Jason and Tami Smith Attachment C: Reso & Purchase Agreement- APN: 006-220-022, & 023 - Karen E. Robinette and George L. Robinette Attachment D: Reso & Purchase Agreement- APN: 006-190-051 - Lewis A. Everett, Jr and Marilyn S. Everett Attachment E: Reso & Purchase Agreement- APN: 006-190-053 - Lewis A. Everett, Jr and Marilyn S. Everett Attachment F: Reso & Purchase Agreement- APN: 006-220-014 - Chico Area Park and Recreation District Attachment G: Reso & Purchase Agreement- APN: 006-840-001, & 060 – Merle A. Webb & Sons LP Exhibit A
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28 RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY
MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY
RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION
OF A PUBLIC UTILITY EASEMENT LOCATED ALONG THE
ESPLANADE (PORTION OF APN 006-190-010) – NELLA ENTERPRISES, INC., A CALIFORNIA CORPORATION
WHEREAS, in advance of the City’s North Esplanade Reconstruction Project, existing overhead electric, telecommunications, and other utility facilities along North Esplanade between Eaton Road and Leora Court are planned to be relocated underground by the respective utility companies pursuant to the California Public Utilities Commission (CPUC) Rule 20A Program; and
WHEREAS, the undergrounding of these existing overhead utility facilities requires the acquisition of Public Utility Easements (PUEs) over certain private properties to accommodate the installation, operation, access, and maintenance of the underground utility facilities; and WHEREAS, pursuant to the City’s Rule 20A undergrounding agreement and associated project requirements, the City is responsible for acquiring the necessary PUEs on behalf of the participating utility companies to facilitate completion of the utility undergrounding project; and WHEREAS, the Chico City Council, as a willing buyer, authorized the City Manager to commence negotiations with Nella Enterprises, Inc., a California Corporation, to acquire approximately 2,044 square feet of Public Utility Easement over property located along the Esplanade (APN 006-190-010) based on the appraised value of the property; and WHEREAS, Nella Enterprises, Inc., a California Corporation, has accepted the City’s negotiated offer of $22,350.00 subject to the terms of the Agreement for Acquisition of Real Property; and
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Chico, State of California, as follows:
1. The foregoing recitals are true and correct.
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28 2. The City of Chico certified an Environmental Impact Report for the Northwest Chico Specific Plan in accordance with the California Environmental Quality Act and filed a Notice of Determination with the Butte County Clerk Recorder’s Office on February 7, 2011 (State Clearinghouse Number 2004082087).
3. The certified Environmental Impact Report was used for the North Esplanade Reconstruction Project in accordance with the California Environmental Quality Act and a subsequent Notice of Determination was filed with the Butte County Clerk Recorder’s Office on September 14, 2023 (State Clearinghouse Number 2004082087).
4. The City Manager is authorized to execute the purchase agreement and any related documents necessary to acquire the Public Utility Easement (portion of APN 006-190- 010) from Nella Enterprises, Inc., a California Corporation.
The foregoing resolution was adopted by the Council of the City of Chico at its meeting held on , by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
DISQUALIFIED:
ATTEST: APPROVED AS TO FORM: _____________________________ _________________________________ Deborah R. Presson, City Clerk Ryan Jones, City Attorney* *Pursuant to The Charter of the
City of Chico, Section 906(E)
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28 RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY
MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY
RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION
OF A PUBLIC UTILITY EASEMENT LOCATED ALONG THE
ESPLANADE (PORTION OF APN 006-210-106) – JASON F. SMITH AND TAMI S. SMITH, HUSBAND AND WIFE AS JOINT TENANTS
WHEREAS, in advance of the City’s North Esplanade Reconstruction Project, existing overhead electric, telecommunications, and other utility facilities along North Esplanade between Eaton Road and Leora Court are planned to be relocated underground by the respective utility companies pursuant to the California Public Utilities Commission (CPUC) Rule 20A Program; and
WHEREAS, the undergrounding of these existing overhead utility facilities requires the acquisition of Public Utility Easements (PUEs) over certain private properties to accommodate the installation, operation, access, and maintenance of the underground utility facilities; and WHEREAS, pursuant to the City’s Rule 20A undergrounding agreement and associated project requirements, the City is responsible for acquiring the necessary PUEs on behalf of the participating utility companies to facilitate completion of the utility undergrounding project; and WHEREAS, the Chico City Council, as a willing buyer, authorized the City Manager to commence negotiations with Jason F. Smith and Tami S. Smith, Husband and Wife as Joint Tenants, to acquire approximately 360 square feet of Public Utility Easement over property located along the Esplanade (APN 006-210-106) based on the appraised value of the property; and
WHEREAS, Jason F. Smith and Tami S. Smith, Husband and Wife as Joint Tenants, has accepted the City’s negotiated offer of $4,100.00 subject to the terms of the Agreement for Acquisition of Public Utility Easement; and
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Chico, State of California, as follows:
1. The foregoing recitals are true and correct.
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28 2. The City of Chico certified an Environmental Impact Report for the Northwest Chico Specific Plan in accordance with the California Environmental Quality Act and filed a Notice of Determination with the Butte County Clerk Recorder’s Office on February 7, 2011 (State Clearinghouse Number 2004082087).
3. The certified Environmental Impact Report was used for the North Esplanade Reconstruction Project in accordance with the California Environmental Quality Act and a subsequent Notice of Determination was filed with the Butte County Clerk Recorder’s Office on September 14, 2023 (State Clearinghouse Number 2004082087).
4. The City Manager is authorized to execute the purchase agreement and any related documents necessary to acquire the Public Utility Easement (portion of APN 006-210- 106) from Jason F. Smith and Tami S. Smith, Husband and Wife as Joint Tenants.
The foregoing resolution was adopted by the Council of the City of Chico at its meeting held on , by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
DISQUALIFIED:
ATTEST: APPROVED AS TO FORM: _____________________________ _________________________________ Deborah R. Presson, City Clerk Ryan Jones, City Attorney* *Pursuant to The Charter of the
City of Chico, Section 906(E)
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28 RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY
MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY
RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION
OF PUBLIC UTILITY EASEMENTS LOCATED ALONG THE
ESPLANADE (PORTION OF APN 006-220-022 AND APN 006-220-023) – KAREN E. ROBINETTE AND GEORGE L. ROBINETTE AS TRUSTEES
OF THE KAREN ROBINETTE AND GEORGE ROBINETTE TRUST
DATED JULY 3, 2023
WHEREAS, in advance of the City’s North Esplanade Reconstruction Project, existing overhead electric, telecommunications, and other utility facilities along North Esplanade between Eaton Road and Leora Court are planned to be relocated underground by the respective utility companies pursuant to the California Public Utilities Commission (CPUC) Rule 20A Program; and
WHEREAS, the undergrounding of these existing overhead utility facilities requires the acquisition of Public Utility Easements (PUEs) over certain private properties to accommodate the installation, operation, access, and maintenance of the underground utility facilities; and WHEREAS, pursuant to the City’s Rule 20A undergrounding agreement and associated project requirements, the City is responsible for acquiring the necessary PUEs on behalf of the participating utility companies to facilitate completion of the utility undergrounding project; and WHEREAS, the Chico City Council, as a willing buyer, authorized the City Manager to commence negotiations with Karen E. Robinette and George L. Robinette as Trustees of the Karen Robinette and George Robinette Trust Dated July 3, 2023, to acquire approximately 1,224 square feet for two (2) Public Utility Easement over properties located along the Esplanade (APN 006-220-022 AND APN 006-220-023) based on the appraised value of the properties; and WHEREAS, Karen E. Robinette and George L. Robinette as Trustees of the Karen Robinette and George Robinette Trust Dated July 3, 2023, has accepted the City’s negotiated offer of $13,400.00 subject to the terms of the Agreement for Acquisition of Public Utility Easements; and
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28 NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Chico, State of California, as follows:
1. The foregoing recitals are true and correct.
2. The City of Chico certified an Environmental Impact Report for the Northwest Chico Specific Plan in accordance with the California Environmental Quality Act and filed a Notice of Determination with the Butte County Clerk Recorder’s Office on February 7, 2011 (State Clearinghouse Number 2004082087).
3. The certified Environmental Impact Report was used for the North Esplanade Reconstruction Project in accordance with the California Environmental Quality Act and a subsequent Notice of Determination was filed with the Butte County Clerk Recorder’s Office on September 14, 2023 (State Clearinghouse Number 2004082087).
4. The City Manager is authorized to execute the purchase agreement and any related documents necessary to acquire the Public Utility Easement (portion of APN 006-220- 022 AND APN 006-220-023) from Karen E. Robinette and George L. Robinette as Trustees of the Karen Robinette and George Robinette Trust Dated July 3, 2023.
The foregoing resolution was adopted by the Council of the City of Chico at its meeting held on , by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
DISQUALIFIED:
ATTEST: APPROVED AS TO FORM: _____________________________ _________________________________ Deborah R. Presson, City Clerk Ryan Jones, City Attorney* *Pursuant to The Charter of the
City of Chico, Section 906(E)
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28 RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY
MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY
RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION
OF A PUBLIC UTILITY EASEMENT LOCATED ALONG THE
ESPLANADE (PORTION OF APN 006-190-051) – LEWIS A. EVERETT, JR.
AND MARILYN S. EVERETT, TRUSTEES, OR THEIR SUCCESSORS IN
TRUST UNDER THE EVERETT FAMILY LIVING TRUST, DATED
NOVEMBER 11, 2019
WHEREAS, in advance of the City’s North Esplanade Reconstruction Project, existing overhead electric, telecommunications, and other utility facilities along North Esplanade between Eaton Road and Leora Court are planned to be relocated underground by the respective utility companies pursuant to the California Public Utilities Commission (CPUC) Rule 20A Program; and
WHEREAS, the undergrounding of these existing overhead utility facilities requires the acquisition of Public Utility Easements (PUEs) over certain private properties to accommodate the installation, operation, access, and maintenance of the underground utility facilities; and WHEREAS, pursuant to the City’s Rule 20A undergrounding agreement and associated project requirements, the City is responsible for acquiring the necessary PUEs on behalf of the participating utility companies to facilitate completion of the utility undergrounding project; and WHEREAS, the Chico City Council, as a willing buyer, authorized the City Manager to commence negotiations with Lewis A. Everett, Jr. and Marilyn S. Everett, Trustees, or their successors in trust under the Everett Family Living Trust dated November 11, 2019, to acquire approximately 941 square feet of Public Utility Easement over property located along the Esplanade (APN 006-190-051) based on the appraised value of the property; and WHEREAS, Lewis A. Everett, Jr. and Marilyn S. Everett, Trustees, or their successors in trust under the Everett Family Living Trust dated November 11, 2019, has accepted the City’s negotiated offer of $9,400.00 subject to the terms of the Agreement for Acquisition of Public Utility Easement; and
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28 NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Chico, State of California, as follows:
1. The foregoing recitals are true and correct.
2. The City of Chico certified an Environmental Impact Report for the Northwest Chico Specific Plan in accordance with the California Environmental Quality Act and filed a Notice of Determination with the Butte County Clerk Recorder’s Office on February 7, 2011 (State Clearinghouse Number 2004082087).
3. The certified Environmental Impact Report was used for the North Esplanade Reconstruction Project in accordance with the California Environmental Quality Act and a subsequent Notice of Determination was filed with the Butte County Clerk Recorder’s Office on September 14, 2023 (State Clearinghouse Number 2004082087).
4. The City Manager is authorized to execute the purchase agreement and any related documents necessary to acquire the Public Utility Easement (portion of APN 006-190- 051) from Lewis A. Everett, Jr. and Marilyn S. Everett, Trustees, or their successors in trust under the Everett Family Living Trust dated November 11, 2019.
The foregoing resolution was adopted by the Council of the City of Chico at its meeting held on , by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
DISQUALIFIED:
ATTEST: APPROVED AS TO FORM: _____________________________ _________________________________ Deborah R. Presson, City Clerk Ryan Jones, City Attorney* *Pursuant to The Charter of the
City of Chico, Section 906(E)
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28 RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY
MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY
RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION
OF A PUBLIC UTILITY EASEMENT LOCATED ALONG THE
ESPLANADE (PORTION OF APN 006-190-053) – LEWIS A. EVERETT, JR.
AND MARILYN S. EVERETT, TRUSTEES, OR THEIR SUCCESSORS IN
TRUST UNDER THE EVERETT FAMILY LIVING TRUST, DATED
NOVEMBER 11, 2019
WHEREAS, in advance of the City’s North Esplanade Reconstruction Project, existing overhead electric, telecommunications, and other utility facilities along North Esplanade between Eaton Road and Leora Court are planned to be relocated underground by the respective utility companies pursuant to the California Public Utilities Commission (CPUC) Rule 20A Program; and
WHEREAS, the undergrounding of these existing overhead utility facilities requires the acquisition of Public Utility Easements (PUEs) over certain private properties to accommodate the installation, operation, access, and maintenance of the underground utility facilities; and WHEREAS, pursuant to the City’s Rule 20A undergrounding agreement and associated project requirements, the City is responsible for acquiring the necessary PUEs on behalf of the participating utility companies to facilitate completion of the utility undergrounding project; and WHEREAS, the Chico City Council, as a willing buyer, authorized the City Manager to commence negotiations with Lewis A. Everett, Jr. and Marilyn S. Everett, Trustees, or their successors in trust under the Everett Family Living Trust dated November 11, 2019, to acquire approximately 1,397 square feet of Public Utility Easement over property located along the Esplanade (APN 006-190-053) based on the appraised value of the property; and WHEREAS, Lewis A. Everett, Jr. and Marilyn S. Everett, Trustees, or their successors in trust under the Everett Family Living Trust dated November 11, 2019, has accepted the City’s negotiated offer of $18,750.00 subject to the terms of the Agreement for Acquisition of Public Utility Easement; and
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28 NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Chico, State of California, as follows:
1. The foregoing recitals are true and correct.
2. The City of Chico certified an Environmental Impact Report for the Northwest Chico Specific Plan in accordance with the California Environmental Quality Act and filed a Notice of Determination with the Butte County Clerk Recorder’s Office on February 7, 2011 (State Clearinghouse Number 2004082087).
3. The certified Environmental Impact Report was used for the North Esplanade Reconstruction Project in accordance with the California Environmental Quality Act and a subsequent Notice of Determination was filed with the Butte County Clerk Recorder’s Office on September 14, 2023 (State Clearinghouse Number 2004082087).
4. The City Manager is authorized to execute the purchase agreement and any related documents necessary to acquire the Public Utility Easement (portion of APN 006-190- 053) from Lewis A. Everett, Jr. and Marilyn S. Everett, Trustees, or their successors in trust under the Everett Family Living Trust dated November 11, 2019.
The foregoing resolution was adopted by the Council of the City of Chico at its meeting held on , by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
DISQUALIFIED:
ATTEST: APPROVED AS TO FORM: _____________________________ _________________________________ Deborah R. Presson, City Clerk Ryan Jones, City Attorney* *Pursuant to The Charter of the
City of Chico, Section 906(E)
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28 RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ACKNOWLEDGEMENT FOR
DONATION AGREEMENT AND ANY RELATED DOCUMENTS IN
CONNECTION WITH THE ACQUISITION OF PUBLIC UTILITY
EASEMENTS LOCATED ALONG THE ESPLANADE (PORTION OF APN
006-220-014) – CHICO AREA RECREATION AND PARK DISTRICT
WHEREAS, in advance of the City’s North Esplanade Reconstruction Project, existing overhead electric, telecommunications, and other utility facilities along North Esplanade between Eaton Road and Leora Court are planned to be relocated underground by the respective utility companies pursuant to the California Public Utilities Commission (CPUC) Rule 20A Program; and
WHEREAS, the undergrounding of these existing overhead utility facilities requires the acquisition of Public Utility Easements (PUEs) over certain private properties to accommodate the installation, operation, access, and maintenance of the underground utility facilities; and WHEREAS, pursuant to the City’s Rule 20A undergrounding agreement and associated project requirements, the City is responsible for acquiring the necessary PUEs on behalf of the participating utility companies to facilitate completion of the utility undergrounding project; and WHEREAS, acquisition of approximately 1,851 square feet of PUE located at 3428 Esplanade (Portion of APN 006-220-014) is required to construct the utility underground project; and
WHEREAS, Chico Area Recreation and Park District is the owner of required property located at 3428 Esplanade; and
WHEREAS, the Chico Area Recreation and Park District desires to donate the required property to the City and the City desires to accept the donated property from the Chico Area Recreation and Park District; and
WHEREAS, Chico Area Recreation and Park District, having initiated the donation, has been informed of the right to compensation for the property and hereby waives such right to compensation; and
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28 NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Chico, State of California, as follows:
1. The foregoing recitals are true and correct.
2. The City of Chico certified an Environmental Impact Report for the Northwest Chico Specific Plan in accordance with the California Environmental Quality Act and filed a Notice of Determination with the Butte County Clerk Recorder’s Office on February 7, 2011 (State Clearinghouse Number 2004082087).
3. The certified Environmental Impact Report was used for the North Esplanade Reconstruction Project in accordance with the California Environmental Quality Act and a subsequent Notice of Determination was filed with the Butte County Clerk Recorder’s Office on September 14, 2023 (State Clearinghouse Number 2004082087).
4. The City Manager is authorized to execute the Acknowledgement for Donation Agreement and any related documents necessary to acquire the Public Utility Easements (portion of APN: 006-220-014) from Chico Recreation and Park District.
The foregoing resolution was adopted by the Council of the City of Chico at its meeting held on , by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
DISQUALIFIED:
ATTEST: APPROVED AS TO FORM: _____________________________ _________________________________ Deborah R. Presson, City Clerk Ryan Jones, City Attorney* *Pursuant to The Charter of the
City of Chico, Section 906(E)
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28 RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY
MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY
RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION
OF PUBLIC UTILITY EASEMENTS LOCATED ALONG THE
ESPLANADE (PORTION OF APN 006-840-001 AND 006-840-060) – MERLE A. WEBB & SONS, LP, A CALIFORNIA LIMITED PARTNERSHIP
WHEREAS, in advance of the City’s North Esplanade Reconstruction Project, existing overhead electric, telecommunications, and other utility facilities along North Esplanade between Eaton Road and Leora Court are planned to be relocated underground by the respective utility companies pursuant to the California Public Utilities Commission (CPUC) Rule 20A Program; and
WHEREAS, the undergrounding of these existing overhead utility facilities requires the acquisition of Public Utility Easements (PUEs) over certain private properties to accommodate the installation, operation, access, and maintenance of the underground utility facilities; and WHEREAS, pursuant to the City’s Rule 20A undergrounding agreement and associated project requirements, the City is responsible for acquiring the necessary PUEs on behalf of the participating utility companies to facilitate completion of the utility undergrounding project; and WHEREAS, the Chico City Council, as a willing buyer, authorized the City Manager to commence negotiations with Merle A. Webb & Sons, LP, a California Limited Partnership, to acquire approximately 522 square feet for two (2) Public Utility Easements over properties located along the Esplanade (APN 006-840-001 AND APN 006-840-060) based on the appraised value of the properties; and
WHEREAS, Merle A. Webb & Sons, LP, a California Limited Partnership Merle A.
Webb & Sons, LP, a California Limited Partnership, has accepted the City’s negotiated offer of $15,700.00 subject to the terms of the Agreement for Acquisition of Public Utility Easements; and
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Chico, State of California, as follows:
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28 1. The foregoing recitals are true and correct.
2. The City of Chico certified an Environmental Impact Report for the Northwest Chico Specific Plan in accordance with the California Environmental Quality Act and filed a Notice of Determination with the Butte County Clerk Recorder’s Office on February 7, 2011 (State Clearinghouse Number 2004082087).
3. The certified Environmental Impact Report was used for the North Esplanade Reconstruction Project in accordance with the California Environmental Quality Act and a subsequent Notice of Determination was filed with the Butte County Clerk Recorder’s Office on September 14, 2023 (State Clearinghouse Number 2004082087).
4. The City Manager is authorized to execute the purchase agreement and any related documents necessary to acquire the Public Utility Easements (portion of APN 006-840- 001 AND APN 006-840-060) from Merle A. Webb & Sons, LP, a California Limited Partnership.
The foregoing resolution was adopted by the Council of the City of Chico at its meeting held on , by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
DISQUALIFIED:
ATTEST: APPROVED AS TO FORM: _____________________________ _________________________________ Deborah R. Presson, City Clerk Ryan Jones, City Attorney* *Pursuant to The Charter of the
City of Chico, Section 906(E)