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REDEVELOPMENT AGENCY AGENDA ITEM NO. 19

Meeting Date: May 8, 2007

Subject/Title: Approve the PG&E Easement Deed for undergrounding electric utilities to be located on a portion of the property owned by Brentwood Redevelopment Agency known as APN 013-232-006, southeast corner of Oak Street and Walnut Boulevard, and authorize the Executive Director or her designee to execute the Easement Deed and such other documents as may be needed to complete the transaction.

Prepared by: Gina Rozenski, Redevelopment Manager

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
Approve the PG&E Easement Deed for undergrounding electric utilities to be located on a portion of the property owned by Brentwood Redevelopment Agency known as APN 013-232-006, southeast corner of Oak Street and Walnut Boulevard, and authorize the Executive Director or her designee to execute the Easement Deed and such other documents as may be needed to complete the transaction.

PREVIOUS ACTION
• On May 26, 1998, City Council approved an updated Master Agreement, Administering Agency-State Agreement for Federal Aid Projects No. 04-5300.

• On June 27, 2000, City Council authorized the City Manager to sign a design contract with Harris & Associates for the design of Walnut Boulevard Widening, CIP Project No. 336-30560, from Balfour Road to Oak Street.

• On March 13, 2001, by Resolution No. 2249, City Council authorized the City Manager to execute a Program Supplement Agreement No. 002-M to Administering Agency-State Agreement No. 04-5300 for reimbursement of costs for preliminary engineering for the Walnut Boulevard Widening, CIP Project No. 336-30560.

• On May 23, 2006, by Resolution No. 2006-126, City Council adopted the City’s 2006/07 – 2010/11 Capital Improvement Program that included the Walnut Boulevard Widening, CIP Project No. 336-30560.

• On March 28, 2006, by Resolution No. 2006-52, City Council approved the Contract Documents and authorized the City Manager to execute a Construction Contract for the Walnut Boulevard Widening (Utilities), CIP Project No. 336-30560 to K. J. Woods Construction, Inc. in the amount of $1,984,000, plus a 10% contingency, for a total amount of $2,182,400.

• On April 10, 2007, by Resolution No. 2007-62, City Council approved the Contract Documents and authorized the City Manager to execute a Construction Contract for Walnut Boulevard Widening – Phase II (Street), CIP Project No. 336-30560, to Top Grade Construction, Inc. in the amount of $1,794,794, plus a 10% contingency, for a total amount of $1,974,273.40.

BACKGROUND
Walnut Boulevard Widening (from Balfour Road to Oak Street) entails two phases of work. Phase I (Utilities) entails installation of storm drain, water, street lighting, fiber and signal interconnect conduit, and overhead power, phone and cable conversion to underground. Phase II (Street) entails widening the roadway to two lanes in each direction and installation of a median island and landscaping in the median island and in the parkway.

Before commencing Phase II, PG&E and the City would like to underground the final portion of electric utilities from the western edge of Walnut Boulevard to the existing pole located on the Agency-owned property on the southeast corner of Oak Street and Walnut Boulevard, (APN 013-232-006). To effectuate this, PG&E needs an easement from the Garin Family for approximately 60 feet on their private property and from the Brentwood Redevelopment Agency for approximately 78 feet on its property (see map attached to Easement Deed entitled “Rule 20B Project”). The proposed Easement Deed grants PG&E access and authority to construct, install, inspect, maintain and use their electric facilities within the easement boundaries.

Typically there is a substantial fee for PG&E to underground utilities on private property. In this case, PG&E is not charging the Garin Family or the Agency (as the owners of the properties) for this work. Furthermore, undergrounding the utilities rather than keeping the existing overhead lines adds some value to the property, which will be realized when the Agency partners with a developer to master plan the two assembled parcels at a later date. As such, the consideration to grant the utility easement is both the value-added benefit and the free PG&E installation. The Agency is granting the easement to PG&E in exchange for the free undergrounding and benefit to the site.

FISCAL IMPACT
There is no fiscal impact associated with granting an easement to PG&E to underground these utilities.

Attachments: Resolution
Easement Deed & Map

RESOLUTION NO.

A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF BRENTWOOD APPROVING THE EASEMENT DEED FOR PACIFIC GAS & ELECTRIC ON A PORTION OF THE PROPERTY OWNED BY THE REDEVELOPMENT AGENCY KNOWN AS APN 013-232-006, LOCATED ON THE SOUTHEASE CORNER OF OAK STREET AND WALNUT BOULEVARD, AND AUTHORIZE THE EXECUTIVE DIRECTOR OR HER DESIGNEE TO EXECUTE THE EASEMENT DEED AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION.

WHEREAS, On May 26, 1998, City Council for the City of Brentwood (“City Council”) approved an updated Master Agreement, Administering Agency-State Agreement for Federal Aid Projects No. 04-5300; and

WHEREAS, on June 27, 2000, City Council authorized the City Manager to sign a design contract with Harris & Associates for the design of Walnut Boulevard Widening, CIP Project No. 336-30560, from Balfour Road to Oak Street; and

WHEREAS on March 13, 2001, by Resolution No. 2249, City Council authorized the City Manager to execute a Program Supplement Agreement No. 002-M to Administering Agency-State Agreement No. 04-5300 for reimbursement of costs for preliminary engineering for the Walnut Boulevard Widening, CIP Project No. 336-30560; and

WHEREAS, on May 23, 2006, by Resolution No. 2006-126, City Council adopted the City’s 2006/07 – 2010/11 Capital Improvement Program that included the Walnut Boulevard Widening, CIP Project No. 336-30560; and

WHEREAS, on March 28, 2006, by Resolution No. 2006-52, City Council approved the Contract Documents and authorized the City Manager to execute a Construction Contract for the Walnut Boulevard Widening (Utilities), CIP Project No. 336-30560 to K. J. Woods Construction, Inc. in the amount of $1,984,000, plus a 10% contingency, for a total amount of $2,182,400; and

WHEREAS on April 10, 2007, by Resolution No. 2007-62, City Council approved the Contract Documents and authorized the City Manager to execute a Construction Contract for Walnut Boulevard Widening – Phase II (Street), CIP Project No. 336-30560, to Top Grade Construction, Inc. in the amount of $1,794,794, plus a 10% contingency, for a total amount of $1,974,273.40; and

WHEREAS, the Redevelopment Agency of the City of Brentwood (“Agency”) desires to support the City in its infrastructure improvements located within the Merged Redevelopment Project Areas; and

WHEREAS, before commencing Phase II of the Walnut Boulevard Widening Project, PG&E and the City would like to underground the final portion of electric utilities from the western edge of Walnut Boulevard to the existing pole located on the Agency-owned property on the southeast corner of Oak Street and Walnut Boulevard, (APN 013-232-006). To effectuate this, PG&E needs an easement from the Agency for approximately 78 feet on its property. The proposed Easement Deed grants PG&E access to and authority to construct, install, inspect, maintain and use their electric facilities within the easement boundaries; and
WHEREAS, there typically is a substantial fee for PG&E to underground utilities on private property. In this case, PG&E is not charging the the Agency as the owner of the property for this work. Furthermore, undergrounding the utilities rather than keeping the existing overhead lines adds some value to the property, which will be realized when the Agency partners with a developer to master plan the two assembled parcels at a later date. As such, the consideration to grant the utility easement is both the value-added benefit and the free PG&E installation.

NOW, THEREFORE BE IT RESOLVED that the Redevelopment Agency of the City of Brentwood:

1. Approves the Easement Deed for Pacific Gas & Electric on an approximately 78 foot portion of the property owned by the Agency known as APN 013-232-006, located on the SEC of Oak Street and Walnut Boulevard, as more specifically shown on the map entitled “Rule 20B Project” attached to the Easement Deed.

2. Authorizes the Executive Director or her designee to execute the Easement Deed for on behalf of the Redevelopment Agency to Pacific Gas & Electric and to execute such other documents as may be needed to complete the transaction.

PASSED, APPROVED AND ADOPTED by the Redevelopment Agency of the City of Brentwood at a regular meeting held on the 8th day of May 2007 by the following vote:

Distribution Easement (Rev. 01/07)

RECORDING REQUESTED BY AND RETURN TO:

PACIFIC GAS AND ELECTRIC COMPANY
Land Services Office
3480 Buskirk Avenue, Suite 150
Pleasant Hill, CA 94523

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# EASEMENT DEED

REDEVELOPMENT AGENCY OF THE CITY OF BRENTWOOD,

hereinafter called first party, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, and Pacific Bell Telephone Company dba AT&T California, hereinafter collectively 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 a strip or parcel of land or along a route as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands of first party situate in the city of Brentwood, county of Contra Costa, state of California, described as follows:

(APN 013-232-006)
The parcel of land conveyed by City of Brentwood to Redevelopment Agency of the City of Brentwood in the deed dated September 10, 2001 and recorded as Official Records Series No. 2001-0278509, Contra Costa County Records.
Said facilities shall consist of:
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 of the uniform width of 10.0 feet, the center line of which is delineated by the heavy dashed line shown upon the print of second party's Drawing No. 30426092 attached hereto and made a part hereof.
The foregoing description is based on a survey made by second party (PG&E) in March 2007. The bearings used are based on Parcel Map MS 360-90 filed January 21, 1998 in Book 173 of Parcel Maps at page 17 Contra Costa County Records.

First party further grants to second party the right from time to time to trim or to cut down and clear away any and all trees and brush now or hereafter along said route or within said strip and shall have the further right from time to time to trim and to cut down and clear away trees on each side along said route or within said strip which now or hereafter in the opinion of second party may be a hazard to the facilities installed hereunder by reason of the danger of falling thereon, provided, however, that all trees which second party is hereby authorized to cut and remove, if valuable for timber or wood, shall continue to be the property of first party, but all tops, lops and brush shall be burned or removed by second party.

First party further grants to and confirms in second party all necessary rights for second party’s existing poles, wires and other appurtenances located on said lands.

First party shall not erect or construct any building or other structure or drill or operate any well under or within said strip.
First party shall have the right to landscape on said strip and the further right to pave the ground surface over said strip and to park vehicles thereon; provided, however, that second party shall have the right from time to time to break through said paving within said strip for the purpose of installing or maintaining said facilities provided that after any breakthrough second party shall restore said paving within said strip as nearly as practicable to its previous condition.

The legal description herein, or the map attached hereto, defining the location of this utility distribution easement, was prepared by Pacific Gas and Electric Company pursuant to Section 8730 (c) of the Business and Professions Code.
The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto.
Dated __________________, _______.

REDEVELOPMENT AGENCY
OF THE CITY OF BRENTWOOD

By__________________________________
__________________________________
Print Name and Title
By__________________________________
__________________________________
Print Name and Title

North Coast Area, Bay Region, Diablo Division
Pleasant Hill Land Service Office
Operating Department: Electric Distribution
USGS location (MDB&M Section 13 T2N, R2W, SE4 of the SE4)
FERC License Number(s): NA
PG&E Drawing Number(s): 30426092
PLAT NO. D-19-09
LD of any affected documents: NA
LD of any Cross-referenced documents: NA
TYPE OF INTEREST: 4 & 43
SBE Parcel Number: NA
(For Quitclaims, % being quitclaimed): NA
Order # or PM #: PM 30426092
JCN: NA
County: Contra Costa
Utility Notice Numbers: NA
851 Approval Application No. NA Decision NA
Prepared By: JAB
Checked By: GPY
Revision Number: NA

STATE OF CALIFORNIA
COUNTY OF _________________
On ____________________________ before me, ___________________________________________________,
(here insert name and title of the officer)
personally appeared _______________________________________________________________________________
________________________________________________________________________________________________
________________________________________________________________________________________________,
personally known to me (or 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.

WITNESS my hand and official seal

Signature ¬¬¬¬¬¬¬¬¬¬¬¬¬¬____________________________________
(Seal)

CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) Signing For Oneself/Themselves
[ ] Corporate Officer(s) of the Above Named Corporation(s)
[ ] Guardian of the Above Named Individual(s)
[ ] Partner(s) of the Above Named Partnership(s)
[ ] Attorney(s)-in-Fact of the Above Named Principal(s)
[ ] Other ____________________________________
____________________________________
____________________________________

 

City Administration
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Brentwood, CA 94513
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E-mail allcouncil@brentwoodca.gov