10 Staff Report - Waterline Construction in Vasona Park
DATE: TO: FROM: SUBJECT: COUNCIL AGENDA REPORT October 29,2004 DEBRA J. FIGONE, TOWN MANAGER WATERLINE CONSTRUCTION IN VASONA P MEETINGDATE: 12/6/04
ITEM NO. /0 " ADOPTRESOLUTION GRANTINGANEASEMENT TO SANJOSEWATER COMPANY FOR CONSTRUCTION OF A 24 INCH WATER LINE WITHIN VASONAPARK RECOMMENDATION: Adopt Resolution granting an easement
to San Jose Water Company for construction of a 24 inch water line within Vasona Park. BACKGROUND: By adopting this resolution, an easement will be granted to San Jose Water Company
which accurately reflects the final location of the pipeline which was installed in 2003. The easement through the Town ofLos Gatos property in Vasona Park consists ofsegments along
Peppertree Lane between University Avenue and Vasona Park Road. The easement is 20 feet wide to provide room for material handling equipment during future maintenance. The Town granted
an easement in June 2002, but the pipeline was constructed outside a portion of the easement due to field issues that occurred during its construction. DISCUSSION: San Jose Water Company
installed the 24 inch waterline in 2003 since the old line was damaged beyond repair as a result ofthe1989 Loma Prieta Earthquake. The replacement pipeline benefits the Town ofLos Gatos
by restoring water system reliability and operational flexibility. This proj ect was constructed last year and due to some utility modifications that had to be done, the actual alignment
of the pipe had to be adjusted in the field and a small section of the pipe was constructed out of the original easement. This revised easement reflects the actual location of the new
pipeline. PREPARED BY: &£J-CCwvtM' J HN E. CURTIS irector of Parks and Public Works Reviewed by: Town Manager =4!Jl..Attorney __Clerk.__ __Community
Development Revised: 10/29/04 1:45 pm Reformatted: 5/30/02 N:\B&E\COUNCIL REPORTS\sjwc.easement.vasona.revised.wpd
PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: WATERLINE CONSTRUCTION IN VASONA PARK OCTOBER 29, 2004 CONCLUSION: This easement will allow for proper closure ofthis proj ect which has benefitted
the residents ofLos Gatos. Staffrecommends approval ofthe attached resolution granting an easementto San Jose Water Company. The previously granted easement will be given back to the
Town by San Jose Water Company soon after the new easement is recorded. FISCAL IMPACT: None. Attachments: 1. Resolution granting an easement to San Jose Water Company 2. Right-of-Way
Document (with Exhibits A and B) Exhibit A -Legal description Exhibit B -Map for the Easement Distribution: Ed Lambing, P.E., Senior Engineer, San Jose Water Company, 1265 S. Bascom
Avenue, San Jose, CA 95128
RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING AN EASEMENT TO SAN JOSE WATER COMPANY FOR CONSTRUCTION OF A 24 INCH WATER LINE WITHIN VASONA PARK WHEREAS,
San Jose Water Company has requested an easement to construct a 24 inch water main within Vasona Park. WHEREAS, the easement through the Town ofLos Gatos consists oftwo segments along
Peppertree Lane between University Avenue·and Vasona Park Road for a total length of 630 feet. WHEREAS, the easement requested is 20 feet wide to provide room for material handling equipment
during construction and future maintenance and eventual replacement ofthe pipeline. WHEREAS, this easement· will allow for timely completion of an important water main which will benefit
the Town of Los Gatos. NOW, THEREFORE BE IT RESOLVED, that the Town ofLos Gatos supports San Jose Water Company's request for an easement for construction of a 24 inch water line. PASSED
AND ADOPTED at a regular meeting ofthe Town Council of the Town of Los Gatos held on the 6th day of December, 2004 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 ATTACHMENT 1
WHEN RECORDED MAIL TO: San Jose Water Company 1265 South Bascom Avenue San Jose, CA 95128 Attn.: Thomas Hodge DOCUMENTARY TRANSFER TAX: None/No Monetary Consideration APN: 529-12-005
RIG H T -0 F -WAY T HIS I N DEN T U R E, made and entered into this _ day of , 2004, by and between Town of Los Gatos, First Party, and SAN JOSE WATER COMPANY, a California corporation,
Second Party. WIT N E SSE T H: First Party, for and in consideration of the sum of one (1) dollar, in lawful money of the United States of America, to him in hand paid by Second Party,
the receipt whereof is hereby acknowledged, do by these presents, grant to Second Party and to its successors and assigns forever: The right and privilege of excavating for and laying
pipelines as and when and as often as the same may be desirable in the opinion of Second Party, together with all fittings, connections and appliances which Second Party may desire to
install in connection therewith, for the transmission and distribution of water and also the right of maintaining, using and replacing and/or enlarging the same for such purposes and
also the right and privilege of relaying, repairing, removing and/or renewing the same, using pipe, fittings, connections and/or appliances either of the same size or sizes as may first
be installed or of any other size or sizes and also a right-of-way along the same, upon, in, through, along and Page 1 of3 Attachment 2
across the following described land situate in the County of Santa Clara, State of California, to wit: See Exhibits "A" and "B", attached and made a part of. The foregoing rights and
privileges hereinabove granted are made upon the following terms and conditions: First Party shall neither construct nor permit to be constructed any building or any other permanent
structure on said right of way. First Party shall neither plant nor permit to be planted trees within said right of way. First Party shall neither change nor permit to be changed the
grade over said right of way. The respective rights, covenants and conditions contained herein shall inure to the benefit of and be binding upon the respective heirs, successors and
assigns of the parties hereto. Page 2 of3
I N WIT N E SSW HER E 0 F, First Party has executed this Indenture the day and year first above written. Recommended by: Signature Director of Parks and Public Works Page 3 of3 GRANTOR(S)
By: _ Signature By: _ Print Name By: _ Signature By: _ Print Name
ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SANTA CLARA On , before me, , personally Name, Title of Officer appeared • personally known to me (or proved to me on the basis
of Name(s) of Signer(s) satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument. Witness my hand and official seal. (Seal of Notary) Signature _ Signature of Notary
••...... . IHMH, llncorp,oraled J! lli·_'J J CMlEngineers.Planners·Surveyors William J. Wagner Thomas A. Armstrong Michael L. Morsilli David M. Wilson James E. Thompson December 6,2002
HMH Project 2858-03-001 Page 1 of 2 Pages EXHIBIT "A" EASEMENT FOR WATER LINE PURPOSES REAL PROPERTY in the Town of Los Gatos, County of Santa Clara, State of California, described as
follows: Being astrip of land 20 feet wide extending across that parcel of land shown as the Lands of the Town of Los Gatos on that certain Record of Survey filed for record on October
20, 1993, in Book 651 of Maps at pages 16 through 17, Santa Clara County Records; BEGINNING at the easterly terminus of that certain course shown on said Record of Survey as North 84°36'48"
West, 211.03 feet, being on the general northwesterly line of said parcel of land; Thence along said northwesterly line, North 84°36'48" West, 94.29 feet, to the TRUE POINT OF BEGINNING;
Thence South 55°20'06" West, 31.08 feet; Thence North 84°36'48" West, 75.12 feet; Thence South 11°19'57" East, 235.74 feet; Thence South 56°19'57" East, 59.31 feet; Thence South 16°56'31"
East, 30.84 feet; Thence South 19°27'51" East, 55.14 feet, to the beginning of a non-tangent curve to the left; Thence along said curve, having a radius of 309.85 feet, whose center
bears North 74°09'27" East through a central angle of 11 °52'46" for an arc length of 64.24 feet, to the southeasterly line of said parcel of land; Thence along said southeasterly line,
South 49°24'17" West, 20.50 feet; Thence North 25°29'55" West, 0.29 feet, to the beginning of a non-tangent curve to the right; 1570 Oakland Road, Suite 200 \f P.O. Box 611510 \f San
Jose, CA 95161-1510 \f Tel: (408) 487-2200 \f Fax: (408) 487-2222 4456 Black Avenue, Suite 100 \f Pleasanton, CA 94566-6147 \f Tel: (925) 600-7335 \f Fax: (925) 600-8895 7951 Wren Avenue,
Suite D \f Gilroy, CA 95020-4903 \f Tel: (408) 846-0707 \f Fax: (408) 846-0676 Ex hi bit A
December 6, 2002 HMH Project 2858-03-001 Page 2 of 2 Pages Thence along said curve, having a radius of 329.85 feet, whose center bears North 61 °32'08" East through a central angle of
12°30'37" for an arc length of 72.02 feet; Thence North 19°27'51" West, 54.96 feet; Thence North 16°56'31" West, 24.13 feet; Thence North 56°19'57" West, 60.43 feet; Thence North 11
°19'57" West, 261.01 feet, to the northwesterly line of said parcel; Thence along said northwesterly line North 38°36'20" East, 11.34 feet, to the northerly line of said parcel; Thence
along said parcel, South 84°36'48" East, 116.74 feet, to the TRUE POINT OF BEINNING. Containing 0.258 Acres, more or less. 2858LD07.doc
LANDS OF COUNTY OF SANTA CLARA 4917 OR 480 LANDS OF SANTA CLARA VALLEY WATER 01 STRI CT 3807 OR 382 LANDS OF TOWN OF LOS GATOS ROS 651M16 P.O.B. 94.29' SSS020'06"W 31.08' 0.258 Acres
116.74' 7S.12' N84°36'48"W T.P.O.B. S84°36'48"£ a 50 100 GRAPHIC SCALE 1 INCH = 100 FT. to aNNoo Nr0 SHEET 1 OF 1 § Scole".
---I 1 __ 100 an ose a 0 accompany escrlp Ion. Nro"" J (408) 487-2200 NE
I-'D=es=ign=ed::...:_."....,--1 Pleasanton EASEMENT FOR WATER LI (925)600-7335 PURPOSES r:.:
-----"'s=O_--I Gilroy :l Pro" E .: (408)846-0707 LOS GATOS, SANTA CLARA COUNTY-b' t B g; ....
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