15 - Los Gatos Library Project~oW-+ o,~ MEETING DATE: 06/07/10
ITEM NO:
4
~0~ca o5 COUNCIL AGENDA REPORT
DATE: May 26, .2010
TO: MAYOR AND TOWN COUNCIL/
CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY l~ ~~ /
FROM: GREG CARSON, TOWN MANAGER/EXECUTIVE DIRECTOR ~~~~ ~•v/ .
SUBJECT: PPW JOB NO. 09-06 -LOS GATOS LIBRARY PROJECT 411-821-2501
ADOPT A RESOLUTION APPROVING A UTILITY EASEMENT ON VILLA
AVENUE AND AUTHORIZING THE TOWN MANAGER TO EXECUTE A
GRANT OF EASEMENT WITH PACIFIC GAS & ELECTRIC COMPANY.
RECOMMENDATION:
Adopt a Resolution approving a utility easement on Villa Avenue and authorizing the Town
Manager to execute a grant of easement (Exhibit A) with Pacific Gas & Electric Company.
BACKGROUND:
Construction of the new Los Gatos Library necessitates relocation of both underground and
overhead utilities along Villa Avenue. This utility relocation phase of the Library project started
earlier t11is year with the waterline relocation on Villa Avenue. The waterline relocation was
followed with the construction of joint trenches for gas, telephone, cable TV, communication,
and electric lines. Currently, one of the main electrical line connections from Cleland Avenue to
Villa Avenue crosses the east side of the proposed Library building and therefore must be
relocated.
Tl1is overhead electrical line cannot be undergrounded based on Pacific Gas &Electric Company
(PG&E) policy and access requirements. The project's design removes this overhead power line
and installs new electrical poles at the east side of Town property, away from the new Library
building.
DISCUSSION:
Over the past three months, staff has collaborated with PG&E to prepare the utility easement
documents required by PG&E for this electric line relocation
PREPARED BY: TODD CAPURSO ~~`~
Director of Parks and Public Works
Reviewed by:Assistant Town Manager/Deputy Director mown Attorney/General
Counsel/ Clerk Administrator/Secretary ~~Finance Community Development
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N:\PPW\MANAGEMENT\COUNCIL\COUNCIL REPORTS\2010 Reports\June 7\Library.PGE.easement.doc
PAGE 2
MAY 26, 2010
MAYOR AND TOWN COUNCIL/
CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY
SUBJECT: PPW JOB NO. 09-06 -LOS GATOS LIBRARY PROJECT 411-281-2501
DISCUSSION (cont'd):
Based on PG&E easement requirements, the Town would grant a 30-foot easement on Town
property from Villa Avenue uphill towards Cleland Avenue. PG&E will utilize this easement to
access the new power lines and to perform tree and brush trimming and clearing as needed to
protect the new infrastructure.
Upon Town Council approval of this easement for PG&E, the document will be recorded with
the County. The parcel map for the new Library project will then be finalized and presented to
the Town Council for approval at the June 21St Town Council meeting.
CONCLUSION:
Staff recommends that the Town Council approve a utility easement on Villa Avenue and
authorize the Town Manager to execute a grant of easement (Exhibit A) with Pacific Gas &
Electric Company.
FISCAL IMPACT:
There will be one County recording.fee for the legal recording of the easement. There is no
negative fiscal impact to the Town.
Attaclnnents:
1. Resolution approving a utility easement on Villa Avenue and authorizing the Town
Manager to execute a grant of easement (Exhibit A) with Pacific Gas & Electric
Company.
Exhibit A -Utility Access Easement including Legal Description
Distribution;
David Neal, Land and Enviromnental Department
PG&E 111 Almaden Boulevard, San Jose, CA 95113
RESOLUTION
Attachment 1
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING A UTILITY EASEMENT ON VILLA AVENUE AND AUTHORIZING
THE TOWN MANAGER TO EXECUTE A GRANT OF EASEMENT WITH
PACIFIC GAS & ELECTRIC COMPANY FOR CONSTRUCTION OF
OVERHEAD UTILITY LINES ON TOWN PROPERTY
WHEREAS, Pacific Gas & Electric Company .has requested an easement to
construct overhead utility lines on Town property; and
WHEREAS, the easement through the Town of Los Gatos property is needed for
the relocation of electric lines in the path of t11e new Library; and
WHEREAS, the easement requested is 30 feet wide to provide room for material
handling equipment during construction and- future maintenance.; and
WHEREAS, the easement will allow for timely relocation of an important
electric line which will benefit the Town of Los Gatos.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town
of Los Gatos hereby grants the request of easement to PG&E for the construction of overhead
electric lines.
BE IT .FURTHER RESOLVED that the Town Manager is hereby authorized
and directed to execute said grant of easement on behalf of the Council.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos held on the 7t~' day of June, 2010, by the following vote.:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
This Page Intentionally
Left Blanlc
EXHIBIT A
Distribution Easement.(Rev. 07/09)
.RECORDING REQUESTED BY AND RETURN TO:
PACIFIC GAS AND ELECTRIC COMPANY
Land & Environmental Management
III Abnadecc Blvd., Rm. 814
San Jose, CA 95113
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
Signature of declarant or agent determining tax
(SPACE ABOVE FOR RECORDER'S USE ONL
LD# EASEMENT DEED
Town of Los C:Jatos,
hereinafter called first party, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a
California corporation, hereinafter called second parry, the right from time to time to constrict,
reconstruct, install, inspect, maintain, .replace, remove, and use facilities of the type hereinafter
specified, together with a right of way therefor, within the easement area as hereinafter set forth, and
also ingress thereto and egress therefrom, over and across the lands of first parry situate in the town of
:Los Gatos, county of Santa Clara, state of California, described as follows;
(APN 529-34-064)
The parcels of land i.ta the deed. fix~tn Sydney Rest~.i.ck and Mer.ia~n Resnick. to City of Town. of :Los
Gatos dated :fanuaty C, 1971. aa~.d recorded in Book. 9:1.58 of Oifi.cia.l Records at :page 730, Santa
Clara. County Records.
(APN 529-34-024)
2. The parcel of laud described in the deed fro.tn Robert A. I3roe:uear a,u.d others to Towta of.':Los Gatos
da.tecl March. S, 2002 arid. recorded as Recorder's Serial 1Vuinber 1{i14S908, in the Official Records
of Santa. Clara. Cotulty Recarcls.
(APN 529-34-025)
Tile parcel of land described in the deed from Riclc Pfaff atld Bctlaany J. Pfaff to Town of Los
Gatos dated :M:arch 05, 2002 and recorclc;d as Recorder's Sea•ial. Nunxber 1.b14S1.91., in the Official.
Records oi:' Santa Clara. County Records. ,
(APN 529-34-091)
4. Lot A as shown upon the Record of Survey Nlap filed for record 1un.c 2l, 2000 in Boot: 728 of
1\!Cal~s at page 42, Santa Clara County R.ecoa~ds.
Distribution Easement Rev. (07/09)
5. The Marcel of land cleseribecl in tl]e deed from VJm. Sanborn Young Ct Ux to Tv~t~n of Los Gatvs
dated March 16, 1921 and recorded in Boole 527 of C)fficial Records at page 503, in tl]e Official.
Records of Santa Clara. C'outtty Records.
The parcel a[' land described in tl]e deed. from Wil.cy P. Montgomery, an tu]m.arri.ed man tv TIJe
Town of Los Gatos dated April. 5, 1.990 at.]d recorded. as R.ecordcr's Scri.al Number 104'79"710, i]]
the Official Records of Santa Clara County Records,
(APN 529-34-090)
~. T19e 1Jal'Cel. of lal.].Cl bounded (a.) ot] the n0]'thel'.ly 5lde by the sou.t.l.]ea•ly boundary line of bast ,%C:ain
Street, and (b} on the easterl}~ side by the westerly boundary line of :[Mesta Way, (c) southerly side
by the northerly boundary Line of Villa Avettue and its westerly prolongation thereof, (d) on the
westerly side by the easterly boundary lice of.' Pagea]at Way.
Said facilities and easement area are described as follows:
Such ltvles, aerial. wires, cables, electrical con.d:ucto.t•s with associated crossaa7J~s, braces, transi'vrniers,
a.ne.l.tors, guy ~v.ires and ea.bl.es; and such utxlergrouud coa.].dui.ts, pipes, manholes, set-vt.ce boxes, wires,
cabl.cs, and electrical. conductors; abovegrvand marl<cr posts, risers, and. service pedestals;
tu.].d.erground and aboveground switches, fuses, tert.uina.ks, and trausforuiers with. associated concrete
pads; a]ad :lixtttres and a.ppurtena].].ees necessary to any and all tbea~eof, as second. party deems necessary
for the distribution of electric energy and cotzJ.municationpurposcs; all to be located v,Titl]iri t1Je parcels
of .land. as described a]Jd sh.owa.]. tt.pvr]. Exhibit "A" attached .liea~eto and made a part hereof.
Distribution Easement Rev. (07/09)
First party shall not erect or construct any building or other structure or drill or operate any well within
said easement area.
First party further grants to second party the right to assign to another public utility as defined in
Section 216 of the California Public Utilities Code the right to install, inspect, maintain, replace,
remove and use communications facilities within easement area (including ingress thereto and egress
therefrom).
First party further grants to second party the right, froix> time to time, to trim or to cut down any and all
trees and brush now or hereafter within 15 feet of the center line of said facilities, and shall have the
further right, from tune to time, to trim and cut down trees and brush along each side of said facilities
outside of 15 feet which now or hereafter in the opinion of second party may interfere with or be a
hazard to the facilities installed hereuzlder, or as second party deems necessary to comply with
applicable state or federal regulations.
First party acknowledges that they have read the "Grant of Easement Disclosure Statement", Exhibit
"B", attached hereto and made a part hereof.
The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective
parties hereto.
Dated:
Town of Los Gatos
By:
By:
Distribution Easement Rev, (07/09)
Area 3
San Jose Land Service Office
Electric Distribution
USGS location: T08S, ROIW, NE of SW of sec 21
FERC License Number(s): none
PG&E Drawing Number(s): SJL-14742
PLAT N0.: J-15-02
LD of any affected documents: none
LD of any Cross-referenced documents: none
TYPE OF INTEREST: 3, 4, 43
SBE Parcel Number; none
Order # or PM #: 30717528
JCN: none
County: Santa Clara
Utility Notice Ntunbers: none
851 Approval Application No. none Decision none
Prepared By: lnv5
Checked By: dan9
Revision Number: 0
Dish•ibution Easement Rev..(07/09)
State of California
County of
On ,before me, ,
Here insert nameamd title of the officer
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and aclaiowledged to the that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the.State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
(Seal)
Si~ratureof Notary Puhlic
CAPACITY CLAIMED BY SIGNER
[ ]Individual(s) signing for oneself/themselves
[ ]Corporate Officer(s) of the above named corporation(s)
[ ]Trustee(s) of the above named Trust(s)
[ ]Partner(s) of.the above named Partnership(s)
[ ]Attorney(s)-in-Fact oftbe above named Principal(s)
[ ]Other
Distribution Basement Rev. (07/09)
Pacific Gas and Electric Company
EXHIBIT "B"
GRANT OF EASEMENT DISCLOSURE STATEMENT ~
This. Disclosure Statement will assist you in evaluating .the request for granting an easement to Pacific Gas and
Electric Company (PG&E) to acconnnodate a utility service extension to PG&E's applicant. Please read this
disclosure carefully before signing the Grant of Easement.
• You are under no obligatian or tlneat of condenulation by PG&E to grant this easement.
• The granting of this easement is an accommodation to PG&E's applicant requesting the extension of
PG&E utility facilities to the applicant's property or project. Because this easement is an accommodation
for a service extension to a single customer or group of customers, PG&E is not authorized to purchase any
such easement.
• By granting this easement to PG&E, the easement area maybe used to serve additional customers in the
area. Installation of any proposed facilities outside of this easement area will require an additional
easement.
• Removal and/or pruning of trees or other vegetation on your property may be necessary for the
installation of PG&E facilities. You have the option of having PG&E's contractors perform this work on
yom• property, if available, or granting perniission to PG&E's applicant or the applicant's .contractor to
perform this work. Additionally, in order to comply with California fire laws and safety orders, PG&E or
its contractors will periodically perfot->n vegetation maintenance activities on your property as provided for
in this grant. of easement in order to maintain proper clearances from energized electric lines or other
facilities.
• The description of the easement location where PG&E uti ity facilities are to be installed across your
property must be satisfactory to you.
• The California Public Utilities Coimnission has authorized PG&E's applicant to perform the
installation of certain utility facilities for utility service. In addition to granting this easement to PG&E,
your consent may be requested by the applicant, or applicant's contractor, to work on your property. -Upon
completion of the applicant's installation, the utility facilities will be inspected by PG&E. When the facility
installation is determined to be acceptable the facilities will be conveyed to PG&E by its applicant,
By signing the Grant of Easement, you are aclalowleclging that you have read this disclosure and understand that you
are voluntarily granting the easement to PG&E. Please return the signed and notarized Grant of Easement with this
Disclosure Statement attached to PG&E. The duplicate copy of the Grant of Easement. and this Disclosure Statement
is for your records.
~~CWI~I~ <<~„
I~,~,~Ilml~ i~A~ ~~ ~I~~~`i ~i~ ~~MI~/\I~1' I~~~FI1fP~NT
L~,~ ~~~"~~ Lt~I~AI~Y ~~V~LC~I~IUI~N`I' ~I~'[~
L.C3~ ~~1°~8~, C~1L,1C~~JRNI,~
AN EASEMENT RUNNING OVER LANDS OF THE TOWN OF LOS GATOS, AND PORTIONS OF VILLA
AVENUE AND .FIESTA WAY, LYING IN THE COUNTY OF SANTA CLARA AND STATE OF
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTf-IWEST CORNER OF LOT "B" AS SHOWN ON THE PARCEL MAP I°ILED
MARCf"I 16, 1982 IN BOOK 497 OF MAPS AT PAGF_ 24, SANTA CLARA COUNTY RECOI~DS, AS SAID
CORNER AND LOT "B" ARE RCSURVEYED AND SHOWN ON THE RECORD OF SURVEY,, FILED
JUNE. 21, 2000 IN BOOK 728 OF MAPS, AT PAGE 42, SANTA CLARA COUNTY RECORDS:
TI-IENCE SOU`1'H 02°24'39" EAST ALONG THE'WEST LiNC OF SAID LOT "B", A DISTANCE OF 60.00
FEET 1°O THE NORTH RIG1-iT-01=-WAY LINE OF CLELAND AVENUE;
T1-IENCE SOUTH 87°36'21" WEST ALONG 1`I-IE NORTf-I RIGHT-OF-WAY'LINE OF CLELAND
AVENUE, A DISTANCE OF 2.58 FEET;
THENCE NOR'T'H 29°05'25" WEST A DISTANCE OF 95.87 FEET;
THENCE NORTH 60°54'35" EAST A DISTANCE OF 30,00 FEET;
THENCE SOUT1~1 29°05'25" EAST A DISTANCE OF 13:66 FEE'1";
"f'I-iENCE NORTH 66°24'08" EASTA DISTANCE OF 10.33 FEET;
THENCE NORTH 56°26'02" EAST A DISTANCE OF 18.79 FEET;.
TI~iENCE NORTH 69°18'43" WEST A DISTANCE OF 40,05 FEET TO A POINT OF CURVA'T'URE OF A
TANGENT CURVE, CONCAVE TO T{-IE NORTHEAST;
THENCE NOI~THWES'1'ERLYALONG THE ARC OF SAiD CURVE, TO THE RIGHT, WITH RADIUS OF
25.00 FEEL' AND CENTRAL ANGLE OF 73°35'95", FOR AN ARC DISTANCE OF 32,11 FEET TO A
POINT OF TANGENCY;
THENCE NORTH 04°16'32" EAST' A DISTANCE OF 11.63 FEEvr;
'C'HENCE SOUTh-i 65°32'21" WES°C' A DISTANCE. OF 43.89 FEET;
THENCE SOUT"H 21°57'53" WEST A DISTANCE OF 14,55 FEET;
THENCE NORTf-I 68°02'07" WEST" A DIS°rANCE OF 13,50 FEET;
'1"1-1ENCE NOR-I"H 21°5"!'53" EAST A DISTANCE OF 19.83 FEET;
ThIENCE SOU'f H 68°02'07" EAST A DISTANCE OF 4.72. FEET;
THENCE NORTH 65°32'21" EAST A DISTANCE OF 43,55 FEET;
`L't-IENCE NOR7"H 42°43'23" EAST A DISTANCE OF 9.2G FEE'L';
Tf-IENCE NORTH 32°22'19" WES`i' A DISTANCE OF 64,85 FEET;
THENCE NORT{°I 82°21'38" WEST A DISTANCE OF 192.83 FEET;
THENCE SOUTH 14°22'43" WEST A DISTANCE OF 53.68 FEET;
THENCE NOR'C'H 75°37'17" WEST A DISTANCE OF 10,00 FEET;
THENCE NORTH 14°22'43" EAST A DISTANCE OF 62.56 FEET;
TI•IENCE SOUTH 82°21'38" EAST A DISTANCE OF 192,71 FEET;
THENCE NORTH 34°56'11°' WEST A DISTANCE OF 71.11 FEET;.
THENCE NORTH 07°27'50" EAST A DISTANCE OF 30,41 FEET;
THENCE NORTH 44°06'46" EAST A DISTANCE OF 29,11 FEET;
THENCE SOUTH 45°53'14" EAST A DISTANCE OF 10.00 FEET:
THENCE SOUTH 44°0G'46" WEST A DISTANCE OF 25.80.FEET;
THENCE SOUTH 07°27'50" WEST A DISI-ANCE OF 23,22 FEET;
TI"fENCE SOUTL°I 34°56'11" EAST A DIS`L'ANCE OF 58,10 FEET;
THENCE NORTH 5G°02'38" EAST A D18TANCE OF 8.18 FEET;
THENCE SOUTH 33°57'72" EAST A DISTANCE OF 11.75 FEE`I";
THENCE SOUTH 56°02.'38" WEST A DISTANCE OF 7.62 FEET;
THENCE SOUTH 32°22'19" EAST A DIS"I"ANCE OF 81.36 FEET;
'T'HENCE. SOUTH 62°56'39" EAST A DISTANCE OF 11.18 FEET;
`I"HENCE SOUTH 27°03'21" WEST A DISTANCE OF 9.75 FEET;
THENCE NORTH 62°5G'39" WEST A DISI"ANCE OF 6.93 FEET;
THENCE SOUTH 04°1G'32" WEST A QISTANCE OF 17,55 FEET `I"0 A F'OLNT OF CURVATURE OF A
TANGENT CURVE, CONCAVE TO THE NOI~THEAST;
THENCE SOUI'HEAS1`ERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, WITH RADIUS OF
15.00 FEET AND CENTRAL ANGLE OF 73°35'15", FOR AN ARC DISTANCE OF 19.27 FEET'fO A
POINT OF TANGENCY;
THENCE SOUTH 69°18'43" EAST A DISTANCE OF 46.60 FEET;
THENCE NORTH 51°15'35" EAST A DISTANCE OF 7,18 FEET;
TI"IENCE NORTH 14°22'2.5" EAST A DIS`l"ANCE OF 28.75 FEET;
2
THENCE SOUTH 79°25'29" EASE' A OIS'1'ANCE OF 3.50 FEET TO A POINT OF CURVA`fURE OF A
TANGENT CURVE, CONCAVE TO Tf-IE NORTHEAST;
THENCE SOUTHEASTERf_Y ALONG THE. ARC OF SAID CURVE, TO TI-iE LEFT, WITH RADIUS OF
320.00 I=FFY AND CCN1"RAL ANGLE OF 02°04'01", FOR AN ARC DISTANCE OF 91.54 FEET;
THENCE SOUTH 14°2?_'25" WEST A DISTANCE OF 37.10 FEET;
THENCE SOUTH 56°06'18" WEST A DISTANCE OF 54.13 FEET;
THENCE SOUT'f°129°05'25" EAST A DISTANCE OF 13;22 FEET TO AN INTERSECT-ION WITH THE
NORTH LINE OF THE AFOREMEN`T'IONED LOT "B";
THENCE SOUTI°I 87°36'21" WEST ALONG `i'HE NORTH LINE OF SAID LOT "B', A DISTANCE OF 0.84
FOOT l"O THE. THE POINT OF BEGINNING.
CONTAINING A TOTAL AREA OF 9,867 SQUARE FEET., MORE OR LESS,
THE PROPERTY DESCRIBED HEREON IS SHOWN ON "("HE ATTACF°iED PLAT, AND BY
REFERENCE, MADE. A PART HEI;EOF.
FILE: PGE-ESMT.122209.~OC
February 25, 2010
.~~~
CURVE TApt ~
C1 73'3515" 32,11'
L
C2 R=15.00' Q_
73'35'15" =
L-19,27'
~ C3 R=320.00' ~=02'04'0)1" L-11.54'
LINE TA~LG
Li S29'05'25"E 13,66' L12 S33'S7'22"E 11,75'
L2 N66'24'08"E 10.33' L13 S56'02'38 WW
- 7,62
L3 N56'26'02"E 18.79' L14 S62
~ 56'3 E 11.18'
L4 N04- 16'32`E 11,63 L15 527'03'21"W 9,75'
L5 5?.1'57'53"Pl 14,55 L16 N62'S6'39"1'! 6,93'
L6 N68'02 07 W 13.50 L17 S04'16 32 W 17.55
L7 N21'57 53 E 19,83' L18 N51'15'35"E 7,18'
L8 S68'02 07 E 4,72 L19 N14'22'25"E 28.75
L9 N42'h3'2~'E 9,26' L20 S79'25 29 E 3,50
L10 N44'06'46"E 29.11' L21 S29'0 25'rE 13 22
L11- N56'02'38"E 8,18' L22 S87'36'21"W 0.84'
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BASIS OF BEARINGS may.- ~~.'~y22~„"`~=~_,.._~, 6~ N~ ''--~--
THE BEARINGS ON T{-IIS PARCEL MAP ARE ~ /~°0.~,5~22ti~1 I-' I~ ~~--.~ ~c,~
RELATED TO THE CALIFORNIA COORDINATE ~/ ~~°"s6 ~ \~ ~~ 1,~'`~~~°"°
SYSTEM. OF 1953, ZONE 3, EPOCH 2002.00 !~~ ~~\ ~~ss~~sso, ~~ o ~
(NAD53). CONTROL WAS ESTABLISHED FROM ~e ~ 4~®4~'F ,~~ r,'~N
TOWN OF LOS GATOS CONTROL MONUMENTS N~~®o,o~, Q ~ Mh.
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