CITY OF DEL REY OAKS
650 CANYON DEL . REY BLVD. DEL REY OAKS, CALIFORNIA 93940 PHONE (831) 394-8511 FAX (831) 394-6421
SPECIAL MEETING AGENDA
OF THE CITY OF DEL REY OAKS CITY COUNCIL
TUESDAY MAY 9, 2023, AT 5:30 P.M.
Notice is hereby given that the City Council of the City of Del Rey Oaks has called and will convene a special meeting of the City Council at the time and location stated on this agenda. he public may view the meeting online or may participate in-person in the Council Chamber el Rey Oaks City Hall is inviting you to a scheduled Zoom meetin Join Zoom Meeting
https://us02web.zoom.us/j/85636483430
Meeting ID: 856 3648 3430
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ROLL CALL - Council
2. PLEDGE OF ALLEGIANCE
3. PUBLIC COMMENTS: General Public Comment must deal with matters subject to the jurisdiction of the City and the Council that are not on the Agenda. Anyone wishing to address the City Council on matters not appearing on the Agenda may do so now. The public may comment on any other matter listed on the Agenda at the time the matter is being considered. There will be a time limit of not more than three minutes for each speaker. No action will be taken on matters brought up under this item and all comments will be referred to staff.
NEW BUSINESS: Action Item
A. Approve Public Utility Easements with AT&T Communications, California American Water, Pacific Gas & Electric, and Seaside County Sanitation District to relocate their utilities into City-owned property as part of the Fort Ord Regional Trail and Greenway project
5. NEXT MEETING DATE: Tuesday, MAY 23. 2023, at 6:00pm
6. ADJOURNMENT
Information distributed to the Council at the meeting becomes part of the public record. A copy of written material, pictures, etc. must be provided to the secretary for this purpose. All enclosures and materials regarding these agenda items are available for public review at the Del Rey Oaks City Hall, 650 Canyon Del Rey Road, Del Rey Oaks.
CITY OF DEL REY OAKS
650 CANYON DEL REY BLVD. DEL REY OAKS, CALIFORNIA 93940 PHONE (831) 394-8511 FAX (831) 394-6421
DATE: May 9, 2023
TO: Honorable Mayor and City Council
FROM: Michael Zeller, TAMC
John Guertin, City Manager
Adopt a Resolution Approving Public Utility Easements with AT&T Communications, California American Water, Pacific Gas & Electric, and SUBJECT:
Seaside County Sanitation District to allow them to relocate their utilities into City-owned property as part of the Fort Ord Regional Trail and Greenway project.
CEQA: The recordation of a public utility easement is not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061.
Recommendation
Adopt a Resolution approving Public Utility Easements with AT&T Communications, California American Water, Pacific Gas & Electric, and Seaside County Sanitation District to allow them to relocate their utilities into City-owned property as part of the Fort Ord Regional Trail and Greenway project.
Background
The Canyon Del Rey segment of the Fort Ord Regional Trail and Greenway project is proposing to construct an underpass of State Route 218, which will require public utilities to be relocated.
The Public Utility Easements will grant the utilities the right to relocate their equipment into City- owned property.
Discussion
The vision for the Fort Ord Regional Trail & Greenway (FORTAG) is to create a multimodal route designed to accommodate people of all ages and abilities that connects communities in and around the former Fort Ord to each other and to education, employment, community and recreation centers.
It will serve as a safe pedestrian and bicycle corridor connecting the cities of Seaside, Marina, Del Rey Oaks, Monterey and unincorporated community residents to California State University Monterey Bay, the Fort Ord National Monument, and the Monterey Bay Sanctuary Scenic Trail. The Final Environmental Impact Report for the proposed 28-mile paved trail was certified by the Transportation Agency Board on March 25, 2020. A Master Agreement was approved by the Transportation Agency Phase 1 of the Canyon Del Rey/State Route 218 Segment involves construction of the trail through the City of Del Rey Oaks from Fremont Boulevard to Del Rey Woods Elementary in the City of Seaside.
From Fremont Boulevard, the trail will run along State Route 218 and then move behind Safeway through Work Memorial Park traveling around the tennis courts and towards Angelus Way. There are no improvements proposed along Angelus Way based on feedback from the community. The trail will pick up again at Del Rey Park and travel towards State Route 218 along the existing trail. An undercrossing below State Route 218 will connect near Del Rey Oaks City Hall and the Frog Pond. A raised pathway will be constructed to connect trail users from the undercrossing to Carlton Drive at an accessible grade. The trail will extend northeast up Carton Drive to Plumas Avenue. Along Carlton Drive the trail will consist of a new 12-foot wide multi-use sidewalk on the west side of the road. The multi-use sidewalk would then continue along Plumas Avenue and terminate at Noche Buena Street.
The proposed trail project is a significant investment in our community's recreation and transportation infrastructure. However, relocation of the existing utilities running along State Route 218 at the site of the undercrossing must be addressed before construction can proceed. There are four public utilities that currently have their equipment located in the construction area:
AT&T Telecommunications, relocating a 4" communications conduit; California American Water, relocating an 8" and 16" water line; Pacific Gas & Electric, relocating a 4" gas line; and
Seaside County Sanitation District, relocating a 12" sewer line.
The Transportation Agency, as the project sponsor, has coordinated with the public utilities to relocate their equipment to a new location on City-owned property between the City's corp yard and Via Verde Street. The relocation process will require an easement to be approved by the City, which is necessary for the Transportation Agency to finalize the right-of-way certification for the project and receive the project's funding approval.
The proposed easement will allow the public utilities to access the site (see attached Plat Map included as Exhibit B to the Easement documents) and perform necessary work to relocate their equipment.
Once the relocation is complete, the utilities will restore the site to its original condition, ensuring that the project does not disrupt the intended use of the land. City staff and the contract engineer have reviewed the relocation plans and are in support of relocating the utilities to the city property as proposed and recommend approval of the public utility easements.
Fiscal Impacts
No financial impact on the City; all utility relocation work will either be paid for by the appropriate utility company or the Transportation Agency for Monterey County. Construction of the Canyon Del Rey segment will be funded out of $9.181 million in State Active Transportation grant funds and $1.016 million of Regional Measure X funds that have been secured by the Transportation Agency for Monterey County.
Attachments
Draft public utility easements
• Resolution 2023-06
Respectfully submitted,
John Guertin
City Manager
RECORDING REQUESTED BY:
City of Del Rey Oaks
WHEN RECORDED RETURN TO:
City of Del Rey Oaks
96l Rey Ooks, CA 83940
Attn: City Clerk
Jo Fee Document - per Government code §6103
Vo Document Transfer Tax - Per R&T Code §11922
Space above this line for Recorder's Use
GRANT OF PUBLIC UTILITY EASEMENT
APN 012-521-004
(Portion)
For valuable consideration, receipt of which is hereby acknowledged, CITY OF DEL REY OAKS, a municipal corporation of the State of California (GRANTOR), does hereby GRANT to California American Water (GRANTEE), an EASEMENT for all necessary public utilities in, on, over, through, within, under and across that certain real property in the County of Monterey, State of California, and more particularly described in Exhibit "A," and shown in Exhibit "B" which is attached hereto and incorporated herein by reference.
GRANTOR(S) further grants to GRANTEE: The perpetual right of ingress to and egress from said Easement over and across GRANTOR'S Property for the purpose of exercising, performing and protecting GRANTEE'S rights and privileges hereunder, provided such rights of ingress and egress shall be executed so as to cause the least practicable damage and inconvenience to the GRANTOR(S) and GRANTOR'S Property.
GRANTEE covenants and agrees with GRANTOR(S) that as soon as reasonably feasible upon completion of any work within the Easement Property by GRANTEE, GRANTEE shall restore or cause to be restored the Easement Property heretofore described to as near the same condition as is reasonably practicable as existed prior to undertaking any such work.
GRANTOR(S) reserves the right to use said Easement Property for purposes which will not interfere with GRANTEE'S rights and privileges herein granted. The GRANTOR(S) shall not erect, construct, or maintain any building, wall or structures, concrete slab work, nor make any excavation within or drill or operate any well, nor add to the ground level within or upon Easement Property, nor plant any trees without first obtaining written consent from GRANTEE so to do. GRANTEE shall have the right to remove trees, bushes, undergrowth, roots, vegetative material and other obstructions (collectively, "Obstructions") interfering with the activities authorized herein, provided that the foregoing is a right and not a duty, and said right shall not relieve GRANTOR of the due as owner to trim or remove Obstructions to prevent danger or hazard to property or persons. GRANTOR agrees that no other pipes or conduits shall be placed within ten (10) feet, measured horizontally, from water mains except pipes crossing the same at right angles, in which case, a minimum distance of two (2) feet shall be maintained between the pipes. All sewer pipes shall be laid below the water mains.
The provisions and covenants hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns and shall run with GRANTOR'S Property.
Date: , 2023.
GRANTOR: CITY OF DEL REY OAKS, a municipal corporation of the State of California By: By:
Printed: Printed:
Title: Title:
Exhibit A
Legal Description
LEGAL DESCRIPTION OF A PUBLIC UTILITY EASEMENT
Certain real property situate in the City of Del Rey Oaks, County of Monterey, State of California, described as follows:
Being a portion of that real property described in the deed recorded September 10, 1957 in Volume 1815, Page 377 of the Official Records of said County, also being a portion of that real property designated "Unsubdivided Land" as shown on that Map entitled "Tract No. 195 Del Rey Terrace", filed December 28, 1950 in Volume 5 of "Cities and Towns", Page 62, records of said County, more particularly described as follows:
Beginning at a Point lying on the southwesterly boundary of "Canyon Del Rey Road" as shown on said Map, said point being the southeasterly terminus of that course labelled N. 50°40'W. 199.70', also being the beginning of a curve to the right, of which the radius point bears South 39°20'00" West a radial distance of 50.00 feet; thence following the southwesterly boundary of Canyon Del Rey Road
1) Southeasterly along the arc of said curve, through a central angle of 7°58'02", a distance of 6.95 feet; thence leaving the southwesterly boundary of "Canyon Del Rey Road"
2) North 85°26'06" West, 81.07 feet; thence
3) North 50°26'06" West, 144.81 feet; thence
4) North 15°26'06" West, 78.32 feet to a point lying on the southwesterly boundary of "Canyon Del Rey Road"; thence following southwesterly boundary of "Canyon Del Rey Road"
5) Southeasterly along the arc of a non-tangent curve to the right having a radius of 2,505.40 feet (a radial bearing to the center point of said curve bears South 37°45'39" West), through a central angle of 01°34'21" an arc distance of 68.77 feet; thence 6) South 50°40'00" East 199.70 feet to the Point of Beginning.
Containing 9,777 square feet, more or less.
Attached hereto is a plat to accompany legal description, and by this reference made a part hereof.
END OF DESCRIPTION
PREPARED BY:
WHITSON ENGINEERS
03/1/2023
RICHARD P. WEBER P.L.S. DATE
L.S. NO. 8002
Job No.: 4065 No. 8002
STATE OF CALIFORN
T: \Monterey Projects\4065 - SR 218\SURVEY\LEGAL DESC\PUE at Bridge Legal Desc.doc Exhibit B
Plat
L=68.77' R=2505.40' A=1'34'21"
208530)
- $3745'39 78.32* N1525 06W
S50'40'00"E 199.70_ (CANYON DEL REY ROAD) WIDTH VARIES STATE ROUTE 218 ---
AREA OF P.U.E. 9,777 S.F.
V. 1815 - OR - PG. 377
-P.O.B
"UNSUBDIVIDED LAND" 4=758'02'
(VOL. 5 C&T 62) •R=50.00'
-
- L=6.95'
N85'26'06*W
CITY OF DEL REY OAKS 81.07'
*539200W P000
APN 012-521-004
LOT 32
APN 012-531-017
LOT 31 -
APN 012-531-016 VIA VERDE
(A CITY STREET 60 FEET WIDE)
- -
P.O.B. = POINT OF BEGINNING
P.U.E. = PUBLIC UTILITY EASEMENT
T: \Monterey Projects\ 4065 - SR 218\SURVEY\ LEGAL DESC\PUE at Bridge.dwg 50 50 100
SCALE: 1" = 50'
PLAT TO ACCOMPANY LEGAL DESCRIPTION
M
PUBLIC UTILITY EASEMENT
BEEING A PORTION OF V. 1815 - OR - PG. 377 Whitson
DEL REY OAKS, CALIFORNIA
MARCH 1, 2023 ENGINEERS
PROJECT No.: 4065.00
RECORDING REQUESTED BY:
City of Del Rey Oaks
WHEN RECORDED RETURN TO:
City of Del Rey Oaks
650 Canyon Del Rey Blvd
Del Rey Oaks, CA 93940
Attn: City Clerk
No Fee Document - per Government code §6103
No Document Transfer Tax - Per R&T Code §11922
Space above this line for Recorder's Use
GRANT OF PUBLIC UTILITY EASEMENT
APN 012-521-004
(Portion)
For valuable consideration, receipt of which is hereby acknowledged, CITY OF DEL REY OAKS, a municipal corporation of the State of California (GRANTOR), does hereby GRANT to Seaside County Sanitation District (GRANTEE), an EASEMENT for all necessary public utilities in, on, over, through, within, under and across that certain real property in the County of Monterey, State of California, and more particularly described in Exhibit "A," and shown in Exhibit "B" which is attached hereto and incorporated herein by reference.
GRANTOR(S) further grants to GRANTEE: The perpetual right of ingress to and egress from said Easement over and across GRANTOR'S Property for the purpose of exercising, performing and protecting GRANTEE'S rights and privileges hereunder, provided such rights of ingress and egress shall be executed so as to cause the least practicable damage and inconvenience to the GRANTORS) and GRANTOR'S Property.
GRANTEE covenants and agrees with GRANTOR(S) that as soon as reasonably feasible upon completion of any work within the Easement Property by GRANTEE, GRANTEE shall restore or cause to be restored the Easement Property heretofore described to as near the same condition as is reasonably practicable as existed prior to undertaking any such work.
GRANTOR(S) reserves the right to use said Easement Property for purposes which will not intertere with GRANTEE'S rights and privileges herein granted. The GRANTOR(S) shall not erect, construct, or maintain any bullding or structures, concrete slab work, nor make any excavation within or drill or operate any well, nor add to the ground level within or upon Easement Property, nor plant any trees without first obtaining written consent from GRANTEE so to do.
The provisions and covenants hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns and shall run with GRANTOR'S Property.
Date: , 2023.
GRANTOR: CITY OF DEL REY OAKS, a municipal corporation of the State of California By: By:
Printed: Printed:
Title: Title:
Exhibit A
Legal Description
LEGAL DESCRIPTION OF A PUBLIC UTILITY EASEMENT
Certain real property situate in the City of Del Rey Oaks, County of Monterey, State of California, described as follows:
Being a portion of that real property described in the deed recorded September 10, 1957 in Volume 1815, Page 377 of the Official Records of said County, also being a portion of that real property designated "Unsubdivided Land" as shown on that Map entitled "Tract No. 195 Del Rey Terrace", filed December 28, 1950 in Volume 5 of "Cities and Towns", Page 62, records of said County, more particularly described as follows:
Beginning at a Point lying on the southwesterly boundary of "Canyon Del Rey Road" as shown on said Map, said point being the southeasterly terminus of that course labelled N. 50°40'W. 199.70', also being the beginning of a curve to the right, of which the radius point bears south 39°20'00" West a radial distance of 50.00 feet; thence following the southwesterly boundary of Canyon Del Rey Road
1) Southeasterly along the arc of said curve, through a central angle of 7°58'02", a distance of 6.95 feet; thence leaving the southwesterly boundary of "Canyon Del Rey Road"
2) North 85°26'06" West, 81.07 feet; thence
3) North 50°26'06" West, 144.81 feet; thence
4) North 15°26'06" West, 78.32 feet to a point lying on the southwesterly boundary of "Canyon Del Rey Road"; thence following southwesterly boundary of "Canyon Del Rey Road"
5) Southeasterly along the are of a non-tangent curve to the right having a radius of 2,505.40 feet (a radial bearing to the center point of said curve bears South 37°45'39" West), through a central angle of 01°34'21" an arc distance of 68.77 feet; thence 6) South 50°40'00" East 199.70 feet to the Point of Beginning.
Containing 9,777 square feet, more or less.
Attached hereto is a plat to accompany legal description, and by this reference made a part hereof.
END OF DESCRIPTION
PREPARED BY:
WHITSON ENGINEERS
Relatio SURE AND SATES
03/1/2023
RICHARD P. WEBER P.L.S. DATE
L.S. NO. 8002 * *
Job No.: 4065 No. 8002
STATE OF CALFORN
T: Monterey Projects\ 4065 - SR 218\ SURVEY\LEGAL DESC\PUE at Bridge Legal Desc.docx Exhibit B
Plat
L=68.77' R=2505.40' 1=134'21°
850530)
_ $3745'39 W 758L AA909Z9LN
\
$50'40'00"E 199.70_ (CANYON DEL REY ROAD) WIDTH VARIES STATE ROUTE 218 --
NS02606N AREA OF P.U.E. 9,777 S.F.
V. 1815 - OR - PG. 377
P.O.B.
4=758'02"
"UNSUBDIVIDED LAND"
-R=50.00'
(VOL. 5 C&T 62) N852606M L=6.95'
81.07'
CITY OF DEL REY OAKS 539200W
APN 012-521-004 5000.
LOT 32
APN 012-531-017
LOT 31
APN 012-531-016 VIA VERDE
(A CITY STREET 60 FEET WIDE)
P.O.B. = POINT OF BEGINNING
4065 - SR 218\SURVEY\ LEGAL DESC\PUE at Bridge.dwg P.U.E. = PUBLIC UTILITY EASEMENT 50 50 100
SCALE: 1" = 50'
PLAT TO ACCOMPANY LEGAL DESCRIPTION
T: \Monterey Projects\ PUBLIC UTILITY EASEMENT
BEEING A PORTION OF V. 1815 - OR - PG. 377 Whitson
DEL REY OAKS, CALIFORNIA
MARCH 1, 2023 ENGINEERS
PROJECT No.: 4065.00
THIS SPACE FOR RECORDER'S USE
RECORDING REQUESTED BY AND
AFTER RECORDING RETURN TO:
at&t
PACIFIC BELL TELEPHONE COMPANY
dba AT&T California
870 N. McCarthy Blvd, Suite 100
Milpitas, CA 95035
No Compensation Paid/No Transfer Tax Due
BY:
Joseph DeGuzman, Right of Way Manager
APN: 012-521-004 GEO:
LOC: 650 Canyon Del Rey Boulevard, Del Rey Oaks, CA 93940 GRANT of EASEMENT
The undersigned Grantor(s), CITY OF DEL REY OAKS, a municipal corporation of the State of California" ("Grantor(s)"), hereby grants) to PACIFIC BELL TELEPHONE COMPANY, a California corporation, dba AT&T California ("AT&T"'), its associated and affiliated companies, its and their successors, assigns, lessees and agents, hereinafter referred to as "Grantee(s)", a NONEXCLUSIVE EASEMENT to construct, maintain, operate, inspect, repair, replace and remove such underground communication facilities as Grantee(s) may from time to time require, (including ingress thereto and egress therefrom) consisting of cables, wires, conduits, manholes, hand holes, service boxes, markers, pedestals, terminal equipment cabinets, electrical conductors, structures with electronic communication equipment therein and associated paving, fencing, and other necessary fixtures and appurtenances related thereto; in, over, under and upon that certain real property in the County of San Luis Obispo, State of California, described as follows:
See Exhibits "A" & "B"
This legal description was prepared pursuant to Section 8730c of the Business and Professions Code.
Grantor(s) also grants) to Grantee(s) the right to trim such trees and other foliage and to cut such limbs and roots on said property as may be necessary for the protection of said facilities.
Grantor(s) also grant(s) to Grantee(s) with prior written consent, the right to cut, fill or otherwise change the grade of said property and to place such drainage and retaining structures thereon, as Grantee(s) may elect for the protection of said facilities; provided that, in an event of an emergency, Grantee shall be permitted to implement such change without Grantor's consent provided such change shall not adversely affect Grantor's property (or, if it does, as reasonably determined by Grantor, then Grantee shall be responsible (at Grantee's sole cost) for correcting such adverse effect to Grantor's reasonable satisfaction.
Grantor(s), his/her/their successors and assigns, shall not erect or construct and building or other structure ot drill or operate any well within said easement
Grantee(s) shall be responsible for damage caused intentionally or by any negligent act or omission of Grantee(s), its agents or employees, while exercising the rights granted herein.
Grantee hereby indemnifies and holds Grantor and Grantor's propeity harmless from any and all costs, loss, damages or expenses of any kind or nature arising out of or resulting from the exercise by Grantee (or its agents or employees) of the rights granted herein.
The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto.
Executed this day of , 2023
GRANTOR: CITY OF DEL REY OAKS, a municipal corporation of the State of California BY:
PRINTED:
TITLE:
GRANTEE ACCEPTANCE:
Executed this day of , 2023
PACIFIC BELL TELEPHONE COMPANY
a California Corporation dba AT&T California
BY:
Charlton Birden
Area Manager
AT&T California
Exhibit A
Legal Description
LEGAL DESCRIPTION OF A PUBLIC UTILITY EASEMENT
Certain real property situate in the City of Del Rey Oaks, County of Monterey, State of California, described as follows:
Being a portion of that real property described in the deed recorded September 10, 1957 in Volume 1815, Page 377 of the Official Records of said County, also being a portion of that real property designated "Unsubdivided Land" as shown on that Map entitled "Tract No. 195 Del Rey Terrace", filed December 28, 1950 in Volume 5 of "Cities and Towns", Page 62, records of said County, more particularly described as follows:
Beginning at a Point lying on the southwesterly boundary of "Canyon Del Rey Road" as shown on said Map, said point being the southeasterly terminus of that course labelled N. 50°40'W. 199.70', also being the beginning of a curve to the right, of which the radius point bears South 39°20'00" West a radial distance of 50.00 feet; thence following the southwesterly boundary of Canyon Del Rey Road
1) Southeasterly along the arc of said curve, through a central angle of 7°58'02", a distance of 6.95 feet; thence leaving the southwesterly boundary of "Canyon Del Rey Road"
2) North 85°26'06" West, 81.07 feet; thence
3) North 50°26'06" West, 144.81 feet; thence
4) North 15°26'06" West, 78.32 feet to a point lying on the southwesterly boundary of "Canyon Del Rey Road"; thence following southwesterly boundary of "Canyon Del Rey Road"
5) Southeasterly along the arc of a non-tangent curve to the right having a radius of 2,505.40 feet (a radial bearing to the center point of said curve bears South 37°45'39' West), through a central angle of 01°34'21" an arc distance of 68.77 feet; thence 6) South 50°40'00" East 199.70 feet to the Point of Beginning.
Containing 9,777 square feet, more or less.
Attached hereto is a plat to accompany legal description, and by this reference made a part hereof.
END OF DESCRIPTION
PREPARED BY:
WHITSON ENGINEERS
Relatio
03/1/2023
RICHARD P. WEBER P.L.S. DATE
; L.S. NO. 8002 *
Job No.: 4065
No. 8002
STATE OF CAL TORN
T: \Monterey Projects\ 4065 - SR 218\SURVEY\LEGAL DESC\PUE at Bridge Legal Desc.docx Exhibit B
Plat
R=2505.40' A=1'34'21"
2505.40 L=68.77
M.90,9Z.SLN
$50'40'00*E 199.70_ (CANYON DEL REY ROAD) WIDTH VARIES STATE ROUTE 218 ---
AREA OF P.U.E. 9,777 S.F.
V. 1815 - OR - PG. 377
-P.O.B.
"UNSUBDIVIDED LAND" 4=758'02"
-R=50.00'
(VOL. 5 C&T 62) N85606 - L=6.95
CITY OF DEL REY OAKS 81.07'
*5392000M 5000.
APN 012-521-004
LOT 32
APN 012-531-017
LOT 31
APN 012-531-016 VIA VERDE
(A CITY STREET 60 FEET WIDE)
-
P.O.B. = POINT OF BEGINNING
14065 - SR 218\SURVEY\LEGAL DESC\PUE at Bridge.dwg P.U.E. = PUBLIC UTILITY EASEMENT 50 50 100
SCALE: 1" = 50'
ecis PLATTO ACCOMPANY LEGAL DESCRIPTION : Civil Engineering + Prol
PUBLIC UTILITY EASEMENT
BEEING A PORTION OF V. 1815 - OR - PG. 377 Whitson
T:\ Monterey
DEL REY OAKS, CALIFORNIA
MARCH 12023 ENGINEERS
PROJECT No.: 4065.00
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}
COUNTY OF SANTA CLARA}
On , 2023 before me , a Notary Public of the
State of California, personally appeared,_ , proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person 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 of Notary
Utility Distribution Easement (02/2020)
RECORDING REQUESTED BY AND RETURN TO:
PACIFIC GAS AND ELECTRIC COMPANY
300 Lakeside Drive, Suite 210
Oakland, CA 94612
Attn: Land Rights Library
Location: City/Uninc
Recording Fee $
Document Transfer Tax $
[ ] This is a conveyance where the consideration and
Value is less than $100.00 (R&T 11911).
[ ] Computed on Full Value of Property Conveyed, or
[ ] Computed on Full Value Less Liens
& Encumbrances Remaining at Time of Sale
[ ] Exempt from the fee per GC 27388.1 (a) (2); This
document is subject to Documentary Transfer Tax
(SPACE ABOVE FOR RECORDER'S USE ONLY)
Signature of declarant or agent determining tax
LD# EASEMENT DEED
THE CITY OF DEL REY OAKS, a municipal corporation for public purposes, Hereinafter called Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called Grantee, the right from time to time to excavate for, construct, reconstruct, replace (of initial or any other size), remove, maintain, inspect, and use facilities and associated equipment for public utility purposes, including, but not limited to electric, gas, and communication facilities, together with a right of way therefor, on, over, under the easement area as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands of Grantor situated in the City of Del Rey Oaks, County of Monterey, State of California, described as follows:
(APN 012-521-004)
The parcel of land described in the deed from T.A WORK and SAUCITO LAND CO. to THE CITY OF DEL REY OAKS, dated August 26, 1957 and recorded in Book 1815, Pages 377-378, Monterey County Records.
The easement area is described as follows:
The strip of land described in Exhibit "A" and shown on Exhibit "B" attached hereto and made a part Grantor further grants to Grantee the right, from time to time, to trim or to cut down, without Grantee havine ompes rion, any and al remand brish and or here ter within bad ason et at side of said easement area which now or hereafter in the opinion of Grantee may interfere with or be a hazard to the facilities installed hereunder, or as Grantee deems necessary to comply with applicable state or federal regulations.
Utility Distribution Easement (02/2020)
Grantor also grants to Grantee the right to use such portion of said lands contiguous to said easement area as may be reasonably necessary in connection with the excavation, construction, reconstruction, replacement, removal, maintenance and inspection of said facilities.
Grantor hereby covenants and agrees not to place or construct, nor allow a third party to place or construct, any building or other structure, or store flammable substances, or drill or operate any well, or construct any reservoir or other obstruction within said easement area, or diminish or substantially add to the ground level within said easement area, or construct any fences that will interfere with the maintenance and operation of said facilities.
Grantor further grants to Grantee the right to apportion to another public utility (as defined in Section 216 of the California Public Utilities Code) the right to excavate for, construct, reconstruct, replace remove, maintain, inspect, and use the communications facilities within said easement area includins ingress thereto and egress therefrom.
This document may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.
The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land.
Dated:
THE CITY OF DEL REY OAKS, a
municipal corporation for public purposes
By:
Name:
I hereby certify that a resolution was adopted
on the day of , 20 - by the
Title:
authorizing the foregoing grant of easement.
By:
By.
Name:
Title:
Utility Distribution Easement (02/2020)
State of California
County of _)
On , before me, - Notary Public,
Insert name
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isare 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.
1 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.
(Seal)
Signature of Notary Public
CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officers) of the above named corporations) [ ] Trustee(s) of the above named Trusts)
[ ] Partners) of the above named Partnerships)
[ ] Attorney(s)-in-Fact of the above named Principal(s) [ ] Other
LEGAL DESCRIPTION OF A PG&E EASEMENT
Certain real property situate in the City of Del Rey Oaks, County of Monterey, State of California, described as follows:
Being a portion of that real property described in the deed recorded September 10, 1957 in Volume 1815, Page 377 of the Official Records of said County, also being a portion of that real property designated "Unsubdivided Land" as shown on that Map entitled "Tract No. 195 Del Rey Terrace", filed December 28, 1950 in Volume 5 of "Cities and Towns", Page 62, records of said County, more particularly described as follows:
Beginning at a Point lying on the southwesterly boundary of "Canyon Del Rey Road" as shown on said Map, said point being the southeasterly terminus of that course labelled N. 50°40'W. 199.70', also being the beginning of a curve to the right, of which the radius point bears South 39°20'00" West a radial distance of 50.00 feet; thence following the southwesterly boundary of Canyon Del Rey Road
1) Southeasterly along the are of said curve, through a central angle of 7°58'02", a distance of 6.95 feet; thence leaving the southwesterly boundary of "Canyon Del Rey Road"
North 85°26'06" West, 81.07 feet; thence
North 50°26'06" West, 144.81 feet; thence
4) North 15°26'06" West, 78.32 feet to a point lying on the southwesterly boundary of "Canyon Del Rey Road"; thence following southwesterly boundary of "Canyon Del Rey Road"
5) Southeasterly along the arc of a non-tangent curve to the right having a radius of 2,505.40 feet (a radial bearing to the center point of said curve bears South 37°45'39" West), through a central angle of 01°34'21" an are distance of 68.77 feet; thence 6) South 50°40'00" East 199.70 feet to the Point of Beginning.
Containing 9,777 square feet, more or less.
Attached hereto is a plat to accompany legal description, and by this reference made a part hereof.
END OF DESCRIPTION
PREPARED BY:
WHITSON ENGINEERS
Relatio
5/4/2023
RICHARD P. WEBER P.L.S. DATE
L.S. NO. 8002
*
Job No.: 4065 No. 8002
STATE OF CALFORN
T: \Monterey Projects\ 4065 - SR 218\SURVEY LEGAL DESC\PUE at Bridge Legal Desc.docx R=2505.40' A=134'21"
358530. L=68.77'
53745'39M 78.32 1152606V
GI NEE
S50'40'00'E 199.70 (CANYON DEL REY ROAD) WIDTH VARIES STATE ROUTE 218 - N5026'06°N 144.87 PG&E EASEMENT 9,777 S.F. AREA OF
V. 1815 - OR - PG. 377
P.O.B.
A=758'02"
"UNSUBDIVIDED LAND"
-R=50.00'
(VOL. 5 C&T 62) N8526060 L=6.95'
81.07 CITY OF DEL REY OAKS -5392000w
APN 012-521-004 50000
No. 8002
SAME OF CALIFORN
LOT 32
APN 012-531-017
LOT 31
APN 012-531-016 VIA VERDE
(A CITY STREET 60 FEET WIDE)
P.O.B. = POINT OF BEGINNING
SR 218\SURVEYLEGAL DESC\PUE at Bridge.dwg
50 0 50 100
SCALE: 1" = 50'
PLAT TO ACCOMPANY LEGAL DESCRIPTION :Civil Engineering +
PG&E EASEMENT
BEEING A PORTION OF V. 1815 - OR - PG. 377 Whitson
DEL REY OAKS, CALIFORNIA whitsonengineers.com
MAY 4, 2023 ENGINEERS
PROJECT No.: 4065.00
Utility Distribution Easement (02/2020)
Attach to LD: 2215-01-
Area, Region or Location:
Land Service Office: Land Rights South Coast - Oakland
Line of Business: Gas Distribution (53)
Business Doc Type: Easements
MTRSQ: 22.15.01.27.21,22.15.01.27.22,
FERC License Number: N/A
PG&E Drawing Number: N/A
Plat No.:
LD of Affected Documents: N/A
LD of Cross Referenced Documents: N/A
Type of interest: Utility Easement (86)
SBE Parcel: N/A
% Being Quitelaimed: N/A
Order or PM: 35411046
JCN: N/A
County: Monterey
Utility Notice Number: N/A
851 Approval Application No: N/A ;Decision: N/A
Prepared By: ZCS1
(This sheet to be recorded with document)
RESOLUTION NO. 2023-06
A RESOLUTION OF THE COUNCIL OF THE CITY OF DEL REY OAKS
APPROVING GRANTS OF PUBLIC UTILITY EASEMENT TO AT&T COMMUNICATIONS,
CALIFORNIA AMERICAN WATER, PACIFIC GAS & ELECTRIC, AND SEASIDE COUNTY SANITATION
DISTRICT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE EASEMENTS WHEREAS, the Fort Ord Regional Trail and Greenway Project (FORTAG Project) proposes construction of an approximately 28-mile continuous 12-foot wide paved bicycle and pedestrian trail with 2-foot wide unpaved shoulders and an open-space buffer on both sides. This trail will connect the Monterey Peninsula cities from the existing Monterey Bay Coastal Trail to the California State Monterey Bay University campus through the former Fort Ord open space area; and
WHEREAS, as the Lead Agency, on March 25, 2020, the Transportation Agency for Monterey County (TAMC) Board of Directors approved the Final Environmental Impact Report, including a Mitigation Monitoring and Reporting Program, for the FORTAG Project; and WHEREAS, on April 28, 2020, the City approved a Master Agreement and adopted the mitigation monitoring and reporting plan and findings for the FORTAG Project; and WHEREAS, on April 25, 2023, the City approved the FORTAG Project Supplemental Agreement for the segment through the City of Del Rey Oaks detailing the design and construction of that portion of the FORTAG Project as well as compliance with the covenants (i.e. mitigation measures, development, construction, operation, maintenance) of the Master Agreement for the trail segment; and
WHEREAS, the Canyon Del Rey segment of the FORTAG project is proposing to construct an underpass of State Route 218, which will require public utilities to be relocated to the south into City-owned property along the Public Works yard before construction of the project can proceed; and
WHEREAS, all utility relocation work will either be paid for by the appropriate utility company or the Transportation Agency for Monterey County; the City of Del Rey Oaks ("Grantor") is providing the PUE at no cost to the Grantees for the purpose of providing access for all existing utilities and future utilities located within the depicted areas more particularly described in the legal descriptions attached hereto, under the terms and conditions of the Grants of Public Utilities Easement attached hereto, as incorporated herein by this reference.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DEL REY OAKS that:
SECTION 1. Recitals.
1. The City Council hereby finds that the foregoing recitals are true and correct. {AJL-00980059;2)
2. The City Council approves Grants of Public Utility Easement with AT&T Communications, California American Water, Pacific Gas & Electric, and Seaside County Sanitation District to allow them to relocate their utilities into City-owned property as part of the Fort Ord Regional Trail and Greenway project.
3. The City Manager is designated as the City of Del Rey Oaks agent and authorized to execute and record the Grants of Public Utility Easement in generally the form attached, together with such additional changes as may be deemed necessary and proper by the City Manager in consultation with legal counsel.
INTRODUCED AND ADOPTED BY THE COUNCIL OF THE CITY OF DEL REY OAKS this 9™H day of May, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Scott Donaldson, Mayor
ATTEST:
John Guertin, City Clerk
{AJL-00980059;2}