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HomeMy WebLinkAbout2012-10-17 (PG&E recorded doc)Distribution Easement J RECORDING REQUESTED BY AND RETURN TO: r PACIFIC GAS AND ELECTRIC COMPANY Santa Rosa Land Services Office 111 Stony Circle Santa Rosa, CA 95401 Location: City` ninc Recording Fee $ S-7, ,oo Document Transfer Tax $ [o,] 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 & Encumbrance Remaining at Time of Sale Signature of declarant or dgent determining tax 011 11111 I'll 21,0 s aD 10I Records y o Co_n! i i~{ar--; r= i RICHARD N, hE~CQi~i i Hssessor-Recorder CoLmnty Clerk i f 2i1:04PM 17-Gct-202') i P'a=n e 1 or i59 'SPACE ABOVE FOR RECORDER'S USE ONLY; foC LD# 2401-05- EASEMENT DEED PM# 30813088 TOWN OF TIBURON, a municipal corporation of the State of California, hereinafter called Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called Grantee, 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 Grantor situate in the Town of Tiburon, County of Marin, State of California, described as follows: (APN 058-152-01 & 060-061-15) The parcels of land conveyed by Northwestern Pacific Railroad Company, a corporation, to City of Tiburon, a municipal corporation of the State of California, by deed dated January 4, 1971 and recorded in Volume 2429 of Official Records on page 428, Marin County Records, and therein designated Parcel One, Parcel Two and Parcel Three. Said facilities and easement area are described as follows: Such poles, aerial wires, cables, electrical conductors with associated crossarms, braces, transformers, anchors, guy wires and cables, fixtures and appurtenances, as Grantee deems necessary for the distribution of electric energy and communication purposes located within the parcel of land described in Exhibit "A", and delineated and designated "PG&E Easement" on Exhibit `B"; both attached hereto and made a part hereof. Such anchors, guy wires and cables, guy stubs, and fixtures as Grantee deems necessary located within the strip of land described in Exhibit "C" and delineated and designated "PG&E Guy/Anchor Easement" on Exhibit "D"; both attached hereto and made a part hereof. Such underground conduits, pipes, manholes, service boxes, wires, cables, and electrical conductors; aboveground marker posts, risers, and service pedestals; underground and Distribution Easement aboveground switches, fuses, terminals, and transformers with associated concrete pads; and fixtures and appurtenances necessary to any and all thereof, as Grantee deems necessary for the distribution of electric energy and communication purposes located within the strip of land described in Exhibit "E", and delineated and designated "PG&E Facilities Easement" on Exhibit "F"; both attached hereto and made a part hereof. Grantor hereby confirms in Grantee all necessary rights for Grantee's existing poles, wires and other appurtenances located on said lands. Grantor further grants to Grantee 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. Grantor shall not erect or construct any building or other structure or drill or operate any well within said easement area. Grantee shall indemnify Grantor against any loss and damage which shall be caused by any negligent act or omission of Grantee or of its agents or employees in the course of their employment, provided, however, that this indemnity shall not extend to that portion of such loss or damage that shall have been caused by Grantor's comparative negligence or willful misconduct. In the event Grantee shall make any excavation on said lands pursuant to this grant, Grantee shall restore said lands as nearly as practicable to their condition prior to such excavation including, without limiting the generality of the foregoing, pavement, sidewalks, lawns and shrubs. Except as otherwise expressly provided herein, Grantee shall be under no obligation to install or maintain a roadway or pavement or other surfacing upon the easement. Grantor further grants to Grantee 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 said easement area (including ingress thereto and egress therefrom). Distribution Easement The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. Dated: CC ~ ~ ~l , r11 l Z TOWN OF TIBURON, a municipal corporation of the State of California By By. e7T 70 Print Name & Title Print Name & Title !`ti J'U-t: vUjLV~ /V U. JO - ate" I hereby certify that a resolution was adopted r-4 on the 6 -day ofa7-A 20 /A , by the (6(I,Pd IJ 7d wAJ C oUNGt authorizing the foregoinmy, grant of easement. By •It Name & Title (f I Distribution Easement State of California I County of AA) (/0 ) On before me, ke J` G Nota Public, / Here insert name and title of the officer personally appeared / V 2 r A / C ~J~ -fig /0 CiV 0-/~ T( t1,-d n/ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(-&) Ware subscribed to the within instrument and acknowledged to me that-he/she/they-executed the same in his/her/their authorized capacity(igs), 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 a offi seal. ale (Seal) Signature of Notary Public DIANE CRAMS IACOPI Commission 180513 rA ~1 CAPACITY CLAIMED BY SIGNER Notary Public - California Marin County [ ] Individual(s) signing for oneself/themselves M Comm. Expires Mar 15 2013 ~C] Corporate Officer(s) of the above named corporation(s) [ ] Trustee(s) of the above named Trust(s) [ J Partner(s) of the above named Partnership(s) [ ] Attorney(s)-in-Fact of the above named Principal(s) [ ] Other Distribution Easement AREA 7 - NORTH BAY SANTA ROSA LAND SERVICES ,Operating Department: DISTRIBUTION ELECTRIC USGS location (MDM, TIN, R5W, S W/SW/SEC 31 & T1 S, R5 W, NW/NW/SEC 6) RANCHO CORTE DE MADERA DEL PRESIDIO FERC License Number(s): N/A PG&E Drawing Number(s): N/A PLAT NO. VV-3408 LD of any affected documents: N/A LD of any Cross-referenced documents: N/A TYPE OF INTEREST: 03, 04, 06, 43 SBE Parcel Number: N/A (For Quitclaims, % being quitclaimed) Order # or PM 30813088 JCN: N/A County: MARIN Utility Notice Numbers: 851 Approval Application No. Decision Prepared By: SRSM It PG&E CO. APPROVED SR. LAND AGE VT (BSK3) Checked By: CSSB 61 Revision Number: S:\GenlSvcs\Land\R W 2011\MARIN130813088 LYFORD\EASEMENT\30813088B.doc EXHIBIT "A" LEGAL DESCRIPTION FOR GRANT OF PG&E EASEMENT ALL THAT REAL PROPERTY being a 1,209 square foot parcel of land located in the Town of Tiburon, County of Marin, State of California, said parcel of land being situated entirely within that certain parcel of land owned by the Town of Tiburon as described in that certain Quitclaim Deed from the Northwestern Pacific Railroad Company to the City of Tiburon, a Municipal Corporation of the State of California, recorded January 12, 1971 in Book 2429 O.R. at Page 428 in the Records of said County, said parcel of land being more particularly described as follows: Commencing at an Iron Pipe Monument stamped LS#4402 marking the centerline intersection of Lagoon Road and Maybridge Road, as said streets and monument are shown on that certain Tract Map entitled Map of Lagoon Subdivision #7, filed for record in Volume 8 of Maps, at Page 104, in the Official Records of said County, and from which point another similar monument found on centerline of said Lagoon Road bears; South 35°03'12" East, 729.14 feet, as said monument is shown on said Tract Map, both monuments being hereby accepted as marking the described positions as shown on said Tract Map and holding the Basis of Bearings for this Description; thence on a mathematical tie, North 58° 37'17" East, 190.03 feet to the most southerly corner of, and Point of Beginning for the parcel of land herein described, said Point of Beginning being located on a circular curve of the southwesterly right-of-way line of California State Highway 131 (also known as Tiburon Blvd.) as shown upon that certain Caltrans Right-of-Way Map # R-143-13, dated May 1979, said Right-of-way line also being the line common to said Lands of Town of Tiburon; thence, northerly along said line, 118.70 feet on the Arc of said circular curve to the left, having a Radius of 1,462.70 feet, a Central Angle of 40 38'59", and a Long Chord which bears, North 34° 5926" West, 118.67 feet to the most northerly corner of said parcel of land; thence departing said Right-of-way line of said Highway 131, South 47° 00'22 West, 18:96 feet; thence South 44°.10'57" East, 117.54 feet to the Point of Beginning and containing 1,209 square feet more or less. EXHIBIT "A" LEGAL DESCRIPTION FOR GRANT OF PG&E EASEMENT The Basis of Bearings for the above described legal description being, South 35°03''12" East, reflects a. rotation to California State Plane Coordinates (CCS83), Zone 3, NAD 83, located on the monument line of Lagoon Road and being held on the two found iron pipe monuments as called for and shown on the above referenced Tract Map of Lagoon Subdivision V, which calls the record bearing of South 36° 26'00" East between the two monuments described herein. rSV LhN D SU, ~r <e G\ ~ The foregoing Legal Description was prepared by: v' I(EVIN M. NkGUIP~E ~ Kevin W McGuire CA PLS# 6437 Exp. -3(-~-d1 Z ICJ 12_ -j,~, No. 6437 DATE e OF C AL~~C RANCHO CORTE DE MADERA DEL PRECIDIO S.W. 1/4 OF THE S.W. 1/4, SEC. 31 AND THE N.W. 1 /4 OF THE N.W. 1/4, SEC. 6 RO~1~? TOWNSHIP 1 NORTH, RANGE 5 WEST, M.D.B.&M. (Mqp "s T~ L~ 4 R. 13 '0 lyJ PROPERTY LINE J 4y LANDS OF TYPICAL THE TOWN OF TIBURON GRANT DEED 2429 O.R. 428 (APN: 058-152-01) I{EVAN M: MCGUIT 6437. op 0 A\-% MAYBRIDGE ROAD EXISTING DETAIL F OVERHEAD SCALE: 1" = 30' ELECTRICAL r~ EXISTING POLE off:: % o "Q 1p -P\ FF~ d~ '°1~ i 9~ tl~ ell, -J ,pcA,r ~ NEW PG&E \ POLE GUY/ANCHOR EASEMENT P.O.B. N58-37'1 711E 190.03' (TIE) ' IJIE T RIVEW`~- ~-Land Services Inc.' 11501 Dublin Boulevard, Suite 200 Dubiin, CA 94568 (E) WOOD UTILITY POLE i-- (E) OVERHEAD LINES PG&E EASEMENT (~1O 1,209± SQ. ET. 0. PG&E GUY/ANCHOR ~O EASEMENT POINT OF BEGINNING 1 Og FOUND I.P. MONUMENT LS #4402 (8 M 104) \ P.O.C. N58"37'17"E J 190:03' (TIE) LANDS OF THE TOWN OF TIBURON GRANT DEED 2429 O.R. 428 (APN: 060-061-15) BASIS OF BEARINGS CA. STATE PLANE COORDINATES S35'03'12"E 729.14' (M-M) (536'26'00"E, 729.30')(8 M 104) N FOUND I.P. MONUMENT LS #4402 2.00 100 0 200 (8 M 104) SCALE: 1 = 200' EXHIBIT "B" PG&E EASEMENT ~ LANDS OF THE TOWN OF TIBURON APN: 058-152-01 & 060-061-15 TOWN OF TIBURON MARIN 'COUNTY CALIFORNIA HENG1105 DRN. BY: MAST CHK. BY: KMM DATE: '1D/2/12 EXHIBIT "C" LEGAL DESCRIPTION FOR GRANT OF PG&E EASEMENT ALL THAT REAL PROPERTY being a five-foot wide strip of land located in the Town of Tiburon; County of Marin, State of California, said strip being situated entirely within that certain parcel of land owned by the Town of Tiburon as described in that certain Quitclaim Deed from the Northwestern Pacific Railroad Company to the City of Tiburon, a Municipal Corporation of the State of California, recorded January 12, 1971 in Book 2429 O.R. at Page 428 in the Records of said County, lying two and one-half feet (2.5') on each side of the following described centerline: Commencing at an Iron Pipe Monument stamped LS#4402 marking the centerline intersection of Lagoon Road and Maybridge Road, as said streets and monument are shown on that certain Tract Map entitled Map of Lagoon Subdivision #7, filed for record in Volume 8 of Maps, at Page 104, in the Official Records of said County, and from which point another similar monument found on centerline of said Lagoon Road bears, South 35°03'12" East, 729.14 feet, as said monument is shown on said Tract Map, both monuments being hereby accepted as marking the described positions as shown on said Tract Map and holding the Basis of Bearings for this Description; thence leaving said Point of Commencement on a mathematical tie, North 52° 52'23" East, 190.43 feet to the Centerline Point of Beginning for the herein described strip of land, said Centerline Point being located on the southwesterly Right-of-Way line of the California State Highway 131 (also known as Tiburon Blvd.) as shown upon that certain Caltrans Right-of-Way Map # R-143-13, dated May 1979, said Right-of way line also being the line common to said Lands of Town of Tiburon as described in said Quitclaim Deed; thence, along said centerline, South 31 ° 02'31" West, 23.25 feet to the Point of Terminus for the herein described Strip of Land, the sidelines of which to be lengthened or shortened at the northeasterly terminus thereof so as to terminate at the said Right-of-Way line of CA. Hwy. 131, said strip of land containing 116 square feet more or less. EXHIBIT "C" LEGAL DESCRIPTION FOR GRANT OF PG&E EASEMENT The Basis of Bearings for the above described legal description being, South 35°03'12" East, reflects a rotation to California State. Plane Coordinates (CCS83.), Zone 3, NAD 83, located on the monument line of Lagoon Road and being held on the. two found iron pipe monuments as called for and shown on the above referenced Tract Map of Lagoon Subdivision V, which calls the record bearing of South 36°26'0.0" East between the two monuments described herein. The foregoing Legal Description was prepared by: Kevin M. McGuire CA PLS# 6437 - I(EV l M. (!QCrU1Ur_ 0 Exp. (Z- zo I No. 6437 o`~/.' a OF DATE RANCHO CORTE DE MADERA DEL PRECIDIO S.W. 1/4 OF THE S.W. 1/4, SEC. 31 AND THE NX 1/4 OF THE N.W. / TOWNSHIP 1 NORTH, ANGE 5 WEST M.D.B.&M. < R UNeo ~cyT`osr'4T ~~q F y,G ~~oJ ~'0 r'~q'o R'9 PROPERTY LINE TYPICAL ~oqo r2~,3~ IeA vJ KEVP4 m. McGI fI p\~ ~ Q ~ gip' t i. • • ~Z 6437 /6 (Z (ZbtZ MAYBRIDGE ROAD DETAIL OF GUY/ANCHOR EASEMENT SCALE: 1" = 20' 0s~ -9 0 r Ilk CENTERLINE OF PG&E GUY/ANCHOR EASEMENT 531'02'31"W 23.25' \ NEW POLE 116± SQ. FT. ' P.O.B. (APN: 058-152-01) r .bp, sP°- h (APN: 060-061=15) DIET .RIVER Land Services Inc. 11501 Dublin Boulevard, Suite 200 Dublin, CA 94568 LANDS OF THE TOWN OF TIBURON GRANT DEED 2429 O.R. 428 (APN: 058-152-01) PG&E OVERHEAD EASEMENT PG&E GUY/ANCHOR EASEMENT 232.5± SQ. FT. POINT OF BEGINNING FOUND I.P. MONUMENT LS #4402 (8 M 104) POINT .OF COMMENCEMENT N52'52'23"E 190.43' (TIE) LANDS OF THE TOWN OF TIBURON \ GRANT DEED 2429 O.R. 428 (APN: 060-061-15) BASIS OF BEARINGS ~ CA. STATE PLANE COORDINATES-/ 535'03'12"E 729.14' (M-M) (S36'26'00"E, 729.30')(8 M 104) FOUND I.P. MONUMENT LS #4402- (8 M 104) 200 100 0 200 SCALE: 1" = 200 EXHIBIT "D" PG&E GUY/ANCHOR EASEMENT LANDS OF THE TOWN OF TIBURON APN: 058-152-01 & 060-061-15 TOWN OF TIBURON MARIN 'COUNTY CALIFORNIA. HENG1105 DRN. BY: MAS CHK. BY: KMM DATE: 10/2/12 EXHIBIT "E" LEGAL DESCRIPTION FOR GRANT OF PG&E EASEMENT ALL THAT REAL PROPERTY being a strip of land located in the Town of Tiburon, County of Marin, State of California, said strip of land being situated entirely within that certain parcel of land owned by the Town of`Tiburon as described in that certain Quitclaim Deed from the Northwestern Pacific Railroad Company to the City of Tiburon, a Municipal Corporation of the State of California, recorded January 12, 1971 in Book 2429 O.R. at Page 428 in the Records of said County, said strip of land being more particularly described as follows: Commencing Bt an Iron Pipe Monument stamped LS#4402 marking the centerline intersection of Lagoon Road and Maybridge Road, as said streets and monument are shown on that certain Tract Map entitled Map of Lagoon Subdivision #7, filed for record in Volume 8 of Maps, at Page 104, in the Official Records of said County, and from which point another similar monument found on centerline of said Lagoon Road bears, South 35°03'12" East, 729.14 feet, as said monument is shown on said Tract Map, both monuments being hereby accepted as marking the described positions as shown on said Tract Map and holding the Basis of Bearings for this Description; thence on a mathematical tie, South 79° 22'09" East, 249.23 feet to the northerly corner of, and Point of Beginning for the strip of land herein described, said Point being located on the southwesterly right-of-way line of California State Highway 131 (also known as Tiburon Blvd.) as shown upon that certain Caltrans Right of-way Map # R-143-13, dated May 1979, said Right-of-way line also being the line common to said lands of the Town of Tiburon; thence along said common line, South 28° 1022" East, 60.04 feet; thence, departing said common line and entering the said lands of the Town of Tiburon, South 61 ° 49'38" West, 8.21 feet; thence, North 28° 10'22" West, 60.10 feet; thence, North 62° 12'29" East, 8.21 feet to the Point of Beginning and containing 493.11 Square Feet, more or less. EXHI BIT "E" LEGAL DESCRIPTION FOR GRANT OF PG&E EASEMENT The Basis of Bearings for the above described legal description being, South 35°03'12" East, reflects a rotation to California State Plane Coordinates (CCS83), Zone 3, NA.D 83, located on the monument line of Lagoon Road and being held on the two found iron pipe monuments as called for and shown on the above referenced Tract Map of Lagoon Subdivision ##7, which calls the record bearing of South 36'26'00" East between the two monuments described herein. f~ Kevin M. CA PLS# 6437 ZO (z- DATE NoJA~_ C Al-~ The foregoing Legal Description was prepared by-, S79'22'09"E I(EVY U M. Mrs IRE 0 249.23' (TIE) ~ 4 t n . . MAyeR/p~ 1 FOUND I.P. MONUMENT LS #4402 (B M 104) POINT OF COMMENCEMENT M LANDS OF THE TOWN OF TIBURON GRANT DEED 2429 O.R. 428 (APN: 060-061-15) BASIS OF BEARINGS CA. STATE PLANE COORDINATES S35'03'12"E 729.14' (M-M) (S36'26'00"E, 729.30')(8 M 104) 8J t -1OV .0 '~0 .v- RANCHO CORTE DE MADERA DEL PRECIDIO S.W. 1/4 OF THE S.W. 1/4, SEC. 31 AND THE \ N.W. 1/4 OF THE N.W. 1/4, SEC. 6 TOWNSHIP 1 NORTH, RANGE 5 WEST, M.D.B.&M. DETAIL SCALE: I" = 30' - S29:22,0 P.O.B. N 249 2.3' :A A o N6212'29"E 8.21' PG&E EASEMENT 493.11± SQ. FT. Cy G ; . ~2~ `gyp 0 1 0 0 0 A tp . J S61-49W a(P 0 8.21' POINT OF BEGINNING fUo. 6437 PG&E C EASEMENT OF A\- 0 N& o. s 0G ~-~y~fiycL ell PROPERTY LINE TYPICAL \ FOUND I.P. MONUMENT LS #4402 (B M 104) 100. 50 0 1 OQ. SCALE: 1" = 100' DIET RIVEREXHIBIT "F" PG&E FACILITIES EASEMENT 'Land SeTVices Inc. LANDS OF THE TOWN OF TIBURON 11501 Dublin Boulevard, Suite 200 APN:. 060-061-15 Dublin, CA 94568 TOWN OF TIBURON MARIN COUNTY CALIFORNIA (925) 734-678B Phone ~~~~J` HENG1105 DRN. BY: MAS CHK. BY: KMM DATE. 10/2/12 RESOLU T1ON NO. 38-2012 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON GRANTING EASEMENTS TO THE PACIFIC GAS AND ELECTRIC COMPANY ASSOCIATED WITH THE LYFORD DRIVE MULTI-MODAL PARKING LOT PROJECT (ASSESSOR PARCEL NUMBER 060-061-15) WHEREAS, the Town is currently in the process of constructing a multi-modal parking lot (Lyford Parking Lot) near the intersection of Lyford Drive and Tiburon Boulevard; and WHEREAS, the Pacific Gas and Electric Company (PG&E) will provide electrical service to the site and will underground electrical utilities in the future at the site; and WHEREAS, such utility installation and maintenance of the utilities over time will require easements on the Town of Tiburon-owned portion of the Lyford Parking Lot site and the Town of Tiburon and PG&E have mutually agreed upon the location and provisions of said easements. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby grant the easements to PG&E, in a form substantially as set forth in attached Exhibit 1, and authorizes the Town Manager to execute the finalized documents and ensure the proper recordation of the grant of easements. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on October 3, 2012 by the following vote: redericks, O'Donnell AYES: COUNCILMEMBERS: Collins, Doyle, Fra/;l NAYS: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None % JIM F RA1S , ~VIAYOR TOWN ~F URON ATTEST: 1 DIANE CRANE IAC I, TOWN CLERK Attachments: Grant of Easement with Exhibits A-F Tiburon Town Council Resolution No.38-2012 1010312012