R 4334 RESOLUTION NO. 4334
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE GRANTING UTILITY EASEMENTS
TO THE SOUTHERN CALIFORNIA GAS COMPANY AND
PACIFIC GAS AND ELECTRIC COMPANY
WHEREAS, the City Council approved a commercial development at 200 East Branch
Street; and
WHEREAS, the project was conditioned to relocate existing utilities including those
owned by the Southern California Gas Company and Pacific Gas & Electric; and
WHEREAS, the relocated utilities are most effectively located in easements on property
owned by the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo
Grande, as follows:
1. Hereby grants a non - exclusive utility easement to the Southern California Gas
Company as set forth in Exhibit "A" attached hereto and incorporated herein
by this reference and authorizes the Mayor to execute the easement.
2. Hereby grants a non - exclusive utility easement to Pacific Gas and Electric
Company as set forth in Exhibit "B" attached hereto and incorporated herein
by this reference and authorizes the Mayor to execute the easement.
On motion of Council Member Costello, seconded by Council Member Guthrie, and by
the following roll call vote, to wit:
AYES: Council Members Costello, Guthrie, Brown, Ray, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 1 l day of January 2011.
RESOLUTION NO. 1 133Y
PAGE 2
TONY FER AYOR
ATTEST:
/ . (.t11.Qth/tce
KELLY W TM tE, CITY CLERK
APPROVED AS TO CONTENT:
STEVE ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TI OTHY MEL, CITY ATTORNEY
Exhibit "A"
Recording Requested by
Southern California Gas Company
When recorded mail to:
Southern California Gas Company
555 W. 5th St., ML GT 26C2
Los Angeles, CA 90013-1011
Attn.: Land & Right of Way
SPACE ABOVE FOR RECORDER'S USE
Atlas #: SLO 7060 -1 DOCUMENTARY TRANSFER TAX 50
APN: 007 -492-004
R.W. 258,353 - Southern California Gas Company
GRANT OF EASEMENT
CITY OF ARROYO GRANDE, (GRANTOR), hereby grants to SOUTHERN CALIFORNIA GAS
COMPANY, A CALIFORNIA CORPORATION, its successors and assigns to (GRANTEE), a non -
exclusive easement to construct, maintain, operate, add to, extend, one or more pipelines, together
with metering, and other appurtenances (all hereinafter referred to as the "Facilities ") for the
distribution of natural gas, with the reasonable right of ingress and egress to the Facilities, located
in the City of Arroyo Grande, County of San Luis Obispo, in the State of California.
A 10.00 foot strip of land, lying 5.00 feet on each side of the centerline described in Exhibit "A"
and depicted in Exhibit `B ", lying within and being a part of the parcel described as follows:
A portion of Lot 16 in Block 6 of Subdivision of Property belonging to W.N. Short, T.J. Mason
and W. Whiteley, in the City of Arroyo Grande, County of San Luis Obispo, State of California,
according to map filed October 1, 1887 in Book A, Page 48 of Maps, in the office of the County
Recorder of said County, and a portion of lot 82 of parts of the Ranchos Corral de Piedra, Pismo
and Bolsa de Chemisal, in the City of Arroyo Grande, County of San Luis Obispo. State of
California, according to map filed November 24, 1886 in Book A, Page 63 of Maps, in the office
of the County Recorder of said County.
IN WITNESS WHEREOF, these presents are hereby sighed this day of , 20
CITY OF ARROYO GRANDE, a municipal corporation:
TONY FERRARA, MAYOR
ATTEST: APPROVED AS TO FORM:
KELLY WETMORE, CITY CLERK TIMOTHY J. CARMEL, CITY ATTORNEY
Form 1390 -A
12/14/10 DH -CF
EXHIBIT "A"
Legal Description
for
GAS EASEMENT
A 10.00 foot wide strip of land located within a portion of Lot 16 in Block 6 of Subdivision of
Property belonging to W.N. Short, T.J. Mason and W. Whiteley, in the City of Arroyo Grande,
County of San Luis Obispo, State of California, according to map filed October 1, 1887 in
Book A, Page 48 of Maps, in the office of the County Recorder of said County, and a portion of
Lot 82 of parts of the Ranchos Corral de Piedra, Pismo and Bolsa de Chemisal, in the City of
Arroyo Grande, County of San Luis Obispo, State of California, according to map filed
November 24, 1886 in Book A, Page 63 of Maps, in the office of the County Recorder of said
County, lying 5.00 feet on each side of the following described centerline:
Beginning at the northwesterly comer of said Lot 16, said point also being the northwesterly
corner of said Block 6; thence southeasterly along the westerly line of said Lot, South
33 °01'09" East, 16.93 feet, said line also being the northeasterly right -of -way of Short Street as
shown on said map; thence southwesterly at right angles to the westerly line of said Lot, South
56 °58'51" West, 13.00 feet; thence southeasterly and parallel to the westerly line of said Lot,
South 33 °01'09" East, 53.55 feet; thence northeasterly at right angles to the westerly line of
said Lot, North 56 °58'51" East, 13.00 feet; thence southeasterly along the westerly line of said
Lot, South 33 °01'09" East, 42.50 feet to a point on a parallel line, distant southeasterly 5.00
feet, measured at right angles from the southeasterly line of that property described in Grant
Deed to The Shops at Short Street, LLC recorded October 20, 2010 as Instrument Number
2010052571 on file in the office of the County Recorder of said County, said point being the
True Point of Beginning; thence along said parallel line and its northeasterly prolongation,
South 57 °09'32" East 82.83 feet to a point on the southeasterly prolongation of the westerly
line of that property described in the Grant Deed to Nicholas J. Tompkins recorded October 20,
2010 as Instrument Number 2010052575 on file in the office of the County Recorder of said
County, thence along said prolongation North 32 °50'27" West 16.37 feet to the southwesterly
corner of said property; the side lines of said strip to be lengthened or shortened to terminate on
the southeasterly lines of those properties described in said Grant Deeds.
Containing: 987 s.f. more or less
{.AND Legal Description prepared by or under the
2 y i ° . 1 f. ,t, Supervision of:
V ey G % ,Fy
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L.S. 8356
Page 1 of 1
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EXHIBIT 73"
GAS EASEMENT EXHIBIT
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Distribution Easement (Rev. 07/09)
RECORDING REQUESTED BY AND RETURN TO: Exhibit "B"
PACIFIC GAS AND ELECTRIC COMPANY
Land Services Office
4325 South Higuera Street
San Luis Obispo, CA 93401
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 ONLY)
LD# 2232 -13- EASEMENT DEED
CITY OF ARROYO GRANDE, a municipal corporation,
hereinafter called first party, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY,
a California corporation, hereinafter called second party, the right from time to time to construct,
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 party situate in the
city of Arroyo Grande county of san Luis Obispo , state of California, described as
follows:
APN 007 -492 -004 (portion)
Lots 13, 14, 15 and 16 in Block 6 of the Subdivision of Property of
W.N. Short, T.J. Mason and W. Whiteley as said lots and block are
shown upon the map filed for record in Book A of Maps at page 48,
San Luis Obispo County Records, and that portion of Lot 82 of the
Subdivision of parts of the Ranchos Corral de Piedra, Pismo and
Bolsa de Chemisal as said lot is shown upon the map filed for
record in Book A of Maps at page 63, San Luis Obispo County Records
lying northwesterly of the centerline of Arroyo Grande Creek;
excepting therefrom the portion thereof lying within the boundary
lines of the city street known as East Branch Street.
Excepting therefrom the parcel of land described in the deed from
City of Arroyo Grande to The Shops at Short Street, LLC dated
October 15, 2010 and recorded as Document Number 2010- 052571, San
Luis Obispo County Records.
Excepting therefrom the parcel of land described in the deed from
City of Arroyo Grande to Nicholas J. Tompkins dated October 15,
2010 and recorded as Document Number 2010- 052575, San Luis Obispo
County Records.
•
Distribution Easement (Rev. 07/09)
Said facilities and easement area are described as follows:
Such underground conduits, pipes, manholes, service boxes, wires, cables,
and electrical conductors; aboveground marker posts, risers, and service
pedestals; underground and aboveground switches, fuses, terminals, and
transformers with associated concrete pads; and fixtures and
appurtenances necessary to any and all thereof, as second party deems
necessary for the distribution of electric energy and communication
purposes located within the strip of land described as follows:
See Exhibit "A" and Exhibit "B" attached hereto and made a part
hereof.
First party further grants to second party 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 second party may interfere with or be a hazard to the facilities
installed hereunder, or as second party deems necessary to comply with applicable state or federal
regulations.
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 acknowledges that they have read the "Grant of Easement Disclosure Statement ",
Exhibit "C "), 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 , 20
12/08/10 CITY OF ARROYO GRANDE, a municipal corporation:
Los Padres Division
San Luis Obispo Land Services Office
Electric Distribution
(MDM, T32S, R13E)
(Sec. 21, NE4 of SE'a) TONY FERRARA, MAYOR
(Sec. 22, NW 1/4 of SW4)
FERC: N/A ATTEST:
PG &E Dwg. #: Exhibits
Plat #: QQ -35 -09
Affected LD: N/A
Cross Ref LD: N/A
Interest: 04, 06, 43 KELLY WETMORE, CITY CLERK
SBE: N/A
PM: 30816692 APPROVED AS TO FORM:
JCN: N/A
County: San Luis Obispo
Utility Notice #: N/A
851 Approval Application #
851 Approval Decision #
trp /cjm L# 51786.doc TIMOTHY J. CARMEL, CITY ATTORNEY
12/13/10 CF
EXHIBIT "A"
Legal Description
for
ELECTRIC EASEMENT
Those10.00 foot wide strips of land located within portions of Lots 15 and 16 in Block 6 of
Subdivision of Property belonging to W.N. Short, T.J. Mason and W. Whiteley, in the City
of Arroyo Grande, County of San Luis Obispo, State of California, according to map filed
October 1, 1887 in Book A, Page 48 of Maps, in the office of the County Recorder of said
County, and a portion of Lot 82 of parts of the Ranchos Corral de Piedra, Pismo and Bolsa
de Chemisal, in the City of Arroyo Grande, County of San Luis Obispo, State of
California, according to map filed November 24, 1886 in Book A, Page 63 of Maps, in the
office of the County Recorder of said County, lying 5.00 feet on each side of the following
described centerlines:
Commencing at the northwesterly corner of said Lot 16, said point also being the
northwesterly corner of said Block 6; thence southeasterly along the westerly line of said
Lot, South 33 °01'09" East, 16.93 feet, said line also being the northeasterly right -of -way
of Short Street as shown on said map; thence southwesterly at right angles to the westerly
line of said Lot, South 56 °58'51" West, 13.00 feet; thence southeasterly and parallel to the
westerly line of said Lot, South 33 °01'09" East, 53.55 feet; thence northeasterly at right
angles to the westerly line of said Lot, North 56 °58'51" East, 13.00 feet; thence
southeasterly along the westerly line of said Lot, South 33 °01'09" East, 42.50 feet to a
point on a parallel line, distant southeasterly 5.00 feet, measured at right angles from the
southeasterly boundary of that property described in Grant Deed to The Shops at Short
Street, LLC recorded October 20, 2010 as Instrument Number 2010052571 on file in the
office of the County Recorder of said County; thence along said parallel line North
57 °09'32" East 12.00 feet to the True Point of Beginning; thence continuing along said
parallel line and its northeasterly prolongation, North 57 °09'32" East 38.00 feet to a point
hereinafter referred to as Point "A"; thence continuing along said northeasterly
prolongation North 57 °09'32" East 32.82 feet to a point hereinafter referred to as Point
"B "; thence continuing along said northeasterly prolongation North 57 °09'32" East 45.52
feet; thence North 12 °10'20" East 30.29 feet; thence North 32 °57' 19" West 3.33 feet;
thence South 57 °02'41" West 2.54 feet; thence North 89 °04'42" West 15.77 feet to a point
on the easterly line of that property described in the Grant Deed to Nicholas J. Tompkins
recorded October 20, 2010 as Instrument Number 2010052575 on file in the office of said
County Recorder.
Beginning at said Point "A "; thence North 32 °50'27" West 15.39 feet to the terminus of
said centerline at a point on the southeasterly boundary of said property described in said
Grant Deed to The Shops at Short Street, LLC and said centerline there terminating.
Page 1 of 2
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12/13/10 CF
Legal Description
for
ELECTRIC EASEMENT
(Continued...)
Beginning at said Point "B"; thence North 32 °50'27" West 15.39 feet to the southeast
corner of said property described in said Grant Deed to The Shops at Short Street, LLC;
thence along the easterly line thereof, North 32 °50'27" West 0.98 feet to the terminus of
said centerline at the southwest corner of that property described in said Grant Deed to
Nicholas J. Tompkins, the side lines of said strip to be lengthened or shortened to terminate
on the southeasterly boundaries of those properties described in said Grant Deeds.
Containing: 1,893 s.f. more or less
LAND Legal Description prepared by or under the
4 � 1 y t ° S t 1 f P 4� '"< Supervision of:
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dj. No. 8.156
7
cm-"dr Cristi E. Fry •
L.S. 8356
Page 2 of 2
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EXHIBIT 73"
ELECTRIC EASEMENT EXHIBIT
BRANCH STREET •N 9 R PUBUC EASEMENT FOR
P. 0.B. 6 ROAD AND UAUnES
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Distribution Easement (Rev. 07/09)
Pacific Gas and Electric Company
1
EXHIBIT "C"
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 accommodate a utility service extension to PG &E's
applicant. Please read this disclosure carefully before signing the Grant of Easement.
• You are under no obligation or threat of condemnation 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 may be 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 your property, if available, or granting permission 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 perform 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 utility facilities are to be
installed across your property must be satisfactory to you.
• The California Public Utilities Commission 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 acknowledging 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.
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 4334 is a true, full, and correct copy of said Resolution passed and
adopted at a Regular meeting of the City Council /Redevelopment Agency of the City of
Arroyo Grande on the 11" day of January 2011.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 12'" day of
January 2011.
KELLY TM / E, CITY CLERK