Agenda Item No. 6A August 13, Honorable Mayor and City Council Attention: Laura C. Kuhn, City Manager

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1 Agenda Item No. 6A August 13, 2013 TO: FROM: SUBJECT: Honorable Mayor and City Council Attention: Laura C. Kuhn, City Manager Emily Cantu, Interim Director of Housing Services RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE APPROVING AN EASEMENT WITH PACIFIC GAS AND ELECTRIC COMPANY AT 40 ELDRIDGE AVENUE (APN ) DISCUSSION: Following the 2011 elimination of redevelopment, the City of Vacaville became the Housing Successor in order to continue affordable housing activities. In March 2013, the Council approved a comprehensive Affordable Housing Properties Disposition and Development Strategy. One of the Strategy s properties is the Buck Eldridge Social Services Center, where the Housing Services Department is located (Attachment 1 Eldridge Map). Pacific Gas and Electric Company () has approached the City requesting a 3 foot by 30 foot easement at the Eldridge Avenue property adjacent to an existing facility site (Attachment 2 Easement Plan). In order to maintain reliable and safe gas utility service, is upgrading its existing gas facilities in the city. The new facilities at this site will provide increased reliability of utility service to the area. However, the new facilities are slightly larger in size than the original facilities, thereby requiring an easement to accommodate the upgrades. In exchange for the 3 foot by 30 foot easement, has agreed to: Pay the following fair market values, as determined by an appraisal: o $540 ($6.00 per square foot) for the easement area, plus o $250 for a shrub that will be removed; Relocate the City sidewalk at locations where there is interference with the newly-installed facilities; and Install rock and/or decomposed granite in the remaining areas of the easement area. Staff has determined that the location and size of the easement would not hinder any future development of the Eldridge Avenue property should the Housing Services Department relocate. The easement area will not be for affordable housing purposes. Hence, the sales proceeds of $790 must be used for affordable housing purposes as required by law. Attachment 3 is the Easement Agreement that is the subject of this transaction. FISCAL IMPACT: No General Fund Impact: There is no fiscal impact to the City s General Fund to approve the easement. Staff time associated with the easement will be paid with Housing Successor monies.

2 RECOMMENDATION: By simple motion, adopt the subject resolution and authorize the City Manager to execute the Easement Agreement and any other necessary documents to grant and record the subject easement. ATTACHMENTS: Attachment 1: Eldridge Map Attachment 2: Easement Plan Attachment 3: Easement Agreement

3 RESOLUTION NO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE APPROVING AN EASEMENT WITH PACIFIC GAS AND ELECTRIC COMPANY AT 40 ELDRIDGE AVENUE (APN ) WHEREAS, the City of Vacaville ( City ) owns a parcel of land situated in Vacaville, California, which was acquired to remove blight and for the future development of land uses compatible with adjoining residential land uses; and WHEREAS, the California State Legislature enacted Assembly Bill 1X 26 to dissolve redevelopment agencies formed under the Community Redevelopment Law (Health and Safety Code Section 33000, et seq.); and WHEREAS, pursuant to Section 34176(a) of the Health and Safety Code, on January 10, 2012, the City of Vacaville elected to retain the housing assets and functions previously performed by the former Redevelopment Agency in accordance with said Section 34176; and WHEREAS, the Pacific Gas and Electric Company ( ) has requested to acquire from City, in its capacity as the Housing Successor under the Health and Safety Code, an easement that is needed by to upgrade facilities within the City of Vacaville that are necessary to provide and maintain reliable and safe gas utility service to s customers within the City of Vacaville; and WHEREAS, the upgraded facilities will provide increased service reliability to customers within the area of the upgraded facilities; and WHEREAS, it is in the best interest of the City of Vacaville and those persons residing within the area of the upgraded facilities to grant the easement to for such purpose; and WHEREAS, the compensation to be paid for the easement is not less than the fair market value of the easement, the proceeds of which shall be used to fund affordable housing programs. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Vacaville hereby approves the grant of an easement to Pacific Gas and Electric Company at 40 Eldridge Avenue (APN ) and authorizes the City Manager to execute the easement and any other document(s) necessary to grant and record the easement.

4 I HEREBY CERTIFY that the foregoing resolution was introduced and passed at a regular meeting of the City Council of the City of Vacaville, held on the 13th day of August, 2013, by the following vote: ATTEST: AYES: NOES: ABSENT: Michelle A. Thornbrugh, City Clerk

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6 ELDRIDGE AVENUE Sidewalk Lefever-Mattson, Inc. APN: x 3 Easement 90 sq. ft. L1 L2 L3 CITY OF VACAVILLE APN: REC. SER. NO Lot 1 See Detail A Bk. 43 Sub. Maps Pg. 14 TIE L 4 Detail A NTS City of Vacaville Box APN: Public Utility Easement TIE : N "E BUCK AVENUE Basis of Bearings N "E Per 43 Maps 14 LOVERS LANE LEGEND: Found City Mon. in well Per Book 43 of Subdivision Maps Page 14 filed for record Oct. 13, 1983, Solano County Records LINE LINE TABLE BEARING DISTANCE L3 UNLESS OTHERWISE SHOWN ALL COURSES EXTEND TO OR ALONG L4 BOUNDARIES OR LINES Applicant: PACIFIC GAS & ELECTRIC COMPANY SECTION TOWNSHIP RANGE MERIDIAN (NW 1/4Sec. 20) (T.6N.) (M.D.M.) PLAT MAP REFERENCES SOL2715C5 (R.1W.) COUNTY OF: 1" = 60 02/03/13 Solano Vacaville Sacramento DIVISION L1 N " W L2 N " E 3.00 S " E S " W 3.00 SCALE DATE CITY OF: PXA0 RWWO F.B.: DR.BY: CH.BY: L AUTHORIZ DRAWING NO.

7 RECORDING REQUESTED BY AND RETURN TO: PACIFIC GAS AND ELECTRIC COMPANY 2730 Gateway Oaks Drive, Ste. 220 Sacramento, CA Location: City/Uninc Recording Fee $ Document Transfer Tax $ [ ] This is a conveyance where the consideration and Value is less than $ (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 LD# XXXX (SPACE ABOVE FOR RECORDER'S USE ONLY) EASEMENT EASEMENT THE CITY OF VACAVILLE, a municipal corporation, hereinafter called Grantor, in consideration of value paid by PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called Grantee, the adequacy and receipt whereof are hereby acknowledged, hereby grants to Grantee, an exclusive easement and right of way to construct, install, replace (of the initial or any other size), maintain and use such valves and other devices and equipment as Grantee shall from time to time deem necessary for metering, regulating and discharging gas into the atmosphere within the hereinafter described parcel of land (hereinafter called"meter Lot") lying within Grantor's lands which are situate in the County of Solano, State of California, and are described as follows: (APN ) The parcel of land described in the deed from Redevelopment Agency of the City of Vacaville, a Public Agency to City of Vacaville, dated December 8, 1992 and recorded as Document No , Solano County Records. The aforesaid parcel of land (Meter Lot) is described as follows: The parcel of land shown outlined by the heavy dashed lines upon the print of Grantee's Drawing No. L attached hereto and made a part hereof. Within the area of said Meter Lot, Grantor also grants to Grantee the right at any time, and from time to time, to excavate for, install, replace (of the initial or any other size), maintain and use - 1 -

8 such pipelines as Grantee shall from time to time elect for conveying gas, oil, petroleum products, or any other liquids, gases, or substances which can be transported through a pipe line, with necessary and proper valves and other appliances and fittings, and devices for controlling electrolysis for use in connection with said pipe lines, and such underground wires, cables, conduits, and other electrical conductors, appliances, fixtures and appurtenances, as Grantee shall from time to time deem necessary for communication purposes, together with adequate protection therefor, and also a right of way, within said Meter Lot. Grantor further grants to Grantee: (a) the right of ingress to and egress from said Meter Lot over and across said lands by means of roads and lanes thereon, if such there be, otherwise by such route or routes as shall occasion the least practicable damage and inconvenience to Grantor, provided, that such right of ingress and egress shall not extend to any portion of said lands which is isolated from said Meter Lot by any public road or highway, now crossing or hereafter crossing said lands; (b) the right, from time to time, to trim or to cut down any and all trees and brush now or hereafter within said easement area, and shall have the further right, from time to time, to trim and cut down trees and brush along each 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; Grantee hereby covenants and agrees: (a) not to fence said Meter Lot; (b) to promptly backfill any excavations made by it on said Meter Lot and repair any damage it shall do to Grantor's private roads or lanes on said lands; (c) to replace existing landscaping, excavated by Grantee, with lawn and replace such lawn if damaged during future maintenance or replacement of said facilities; and (d) to indemnify, defend, and hold harmless Grantor, its officials, agents, and employees against any loss, damage, liability, claim, or suit, which shall be caused or occasioned by any wrongful or negligent act or omission of Grantee or of its agents, contractors, or employees, provided, however, that this indemnity shall not extend to that portion of such loss or damage that shall have been caused or occasioned by Grantor's comparative negligence or willful misconduct. Grantee shall, upon Grantor s request, defend with counsel approved by Grantor (which approval shall not be unreasonably withheld), at Grantee s sole cost and expense, any action, claim, suit, cause of action or portion thereof that asserts or alleges liabilities resulting from any allegedly negligent act, omission, misconduct or other legal fault of Grantee or its agents, contractors, or employees in connection with Grantee s occupancy, use, improvement, or maintenance of the easement and right-ofway granted hereunder, whether or not such action, claim, suit, cause of action or portion thereof is well founded or lacking in merit. Grantor reserves the right to use said Meter Lot for purposes which will not interfere with Grantee's full enjoyment of the rights hereby granted; provided that Grantor shall not erect or - 2 -

9 construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction within said Meter Lot, or plant any trees or vines, or construct associated supporting structures, within ten feet of the centerline of the pipeline, or diminish or substantially add to the ground cover over said facilities, or construct any fences that will interfere with the maintenance and operation of said facilities. Grantor agrees that Grantee has the exclusive use of said Meter Lot and further agrees not to grant any easement or easements on, under or over said Meter Lot without the written consent of Grantee. 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, 20. THE CITY OF VACAVILLE By: Laura C. Kuhn, City Manager Area 6 Sacramento Land Service Office Operating Department: Gas Distribution USGS location: (MDM and T.6N, R.1W, Section 20, & NE ¼, NW ¼) FERC License Number: N/A Drawing Number: L PLAT NO. SOL2715C5 LD of any affected documents: N/A LD of any Cross-referenced documents: N/A TYPE OF INTEREST: 5, 53 SBE Parcel Number: N/A (For Quitclaims, % being quitclaimed) Order #: JCN: N/A County: Solano Utility Notice Numbers: 851 Approval Application No. Decision Prepared By: PXA0 Checked By: RWW0 Revised By: MJG6-3 -

10 STATE OF CALIFORNIA ) ) COUNTY OF SOLANO ) On, before me,, Notary Public, 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 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. 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 (seal)

11 ELDRIDGE AVENUE Sidewalk Lefever-Mattson, Inc. APN: x 3 Easement 90 sq. ft. L1 L2 L3 CITY OF VACAVILLE APN: REC. SER. NO Lot 1 See Detail A Bk. 43 Sub. Maps Pg. 14 TIE L 4 Detail A NTS City of Vacaville Box APN: Public Utility Easement TIE : N "E BUCK AVENUE Basis of Bearings N "E Per 43 Maps 14 LOVERS LANE LEGEND: Found City Mon. in well Per Book 43 of Subdivision Maps Page 14 filed for record Oct. 13, 1983, Solano County Records LINE LINE TABLE BEARING DISTANCE L3 UNLESS OTHERWISE SHOWN ALL COURSES EXTEND TO OR ALONG L4 BOUNDARIES OR LINES Applicant: PACIFIC GAS & ELECTRIC COMPANY SECTION TOWNSHIP RANGE MERIDIAN (NW 1/4Sec. 20) (T.6N.) (M.D.M.) PLAT MAP REFERENCES SOL2715C5 (R.1W.) COUNTY OF: 1" = 60 02/03/13 Solano Vacaville Sacramento DIVISION L1 N " W L2 N " E 3.00 S " E S " W 3.00 SCALE DATE CITY OF: PXA0 RWWO F.B.: DR.BY: CH.BY: L AUTHORIZ DRAWING NO.