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Date: To: From: Subject: AGENDA BILL Agenda Item No. S(E) January 17, 2012 El Cerrito City Council Jerry Bradshaw, Public Works Director/City Engineer Melanie Mintz, Environmental Services Manager Grant of Easement to East Bay Municipal Utility District at the Recycling Center ACTION REQUESTED Adopt a resolution granting to East Bay Municipal Utility District (EBMUD) a non- exclusive easement and authorizing the City Manager to execute the Grant of Easement for a water main extension serving two new fire hydrants associated with the new Recycling Center project. BACKGROUND On November 15, 2010 the City Council awarded a design-build agreement to Pankow Builders for the new Recycling Center. Since that time, the project has steadily been proceeding; first through the design development and permitting stages, and finally into construction in the spring of 2011. Of the many design issues, utilities have been particularly important since they involve third parties over which we have little control. In particular, East Bay Municipal Utility District (EBMUD) has had an important role. One of the project requirements was to install two new fire hydrants on the project site, and this has necessitated the extension of the EBMUD water main in Schmidt Lane. The design coordination between the Pankow team and EBMUD required several iterations, some with significant cost implications. By September 2011 the conceptual alignment agreeable to all parties was finalized and the City executed a Main Extension Agreement with EBMUD. The final alignment included re-routing a portion of the existing main away from the new Recycling Center administration building and further down the street. It was the most cost effective solution and also provided for the extended main to be owned by EBMUD (instead of the City owning it as a private water main). Schmidt Lane serves the Recycling Center as well as the City's Corporation Yard and Stege Sanitary District's facility. The street is constructed the entire length of those frontages; however, the public right of way extends only to a point approximately 100 feet beyond the driveway to Stege's new facility. The remaining 290-foot length of street actually lies on property owned by the City and is part of the Recycling Center parcel. Therefore, one requirement of the water main extension alignment was for the City to grant an easement to EBMUD to allow their main to traverse the City's private ---PAGE BREAK--- Agenda Item No. 5(E) property. The City is permitted by Government Code Section 50335 to convey utility easements to any public or private corporation in the public utility business and to regulate the terms and conditions of such conveyances ANALYSIS Easement Documents Since September, coordination with EBMUD continued with information submittals from both the City and Pankow. As of late December, EBMUD's design was finally far enough along to determine the precise location of the water main and the necessary easement. With that, the City can now develop the legal description and plat map that will accompany the grant of easement. At the writing of this agenda bill, those accompanying documents had not been finalized with both the City and EBMUD and are not available. However, the attached diagram (Attachment 2) accurately shows in bold dashed line the extent of the easement overlain onto a map of the water main extension and adjacent improvements. It was furnished by EBMUD, and City staff concurs with its layout. The Grant of Easement document (Attachment 1) has been reviewed by staff and legal counsel of the City and EBMUD, and has been agreed upon by all. Timeline Issues The iterative process during the late spring and summer of 2011 set the water main schedule back at least three months. Until the design is finalized and the easement is in place, the construction of the EBMUD main extension cannot be scheduled. EBMUD has informed us that once the design and right of way clearances are obtained, it will take approximately one month to begin construction. Best-case estimates for that timeline put construction to begin the last week of February. Pankow's work will be substantially complete by January 18th. After that time, Pankow will begin to install furnishings, work on punch list items, provide close-out documentation, and begin to demobilize. Because of the absence of a domestic water supply and fire suppression system, City staff will not be able to occupy any of the buildings until after the EBMUD work is complete. Once the new water main is put into service, Pankow will re-mobilize in a limited fashion to complete water-dependent items on the project. Because of this challenging timeline issue, staff is bringing this grant of easement item to the Council for action prior to the finalization of the legal description and plat map. Prior to execution of the grant of easement by the City Manager, the legal description and plat map will be reviewed by the City Engineer and City Attorney. Page 2 ---PAGE BREAK--- Agenda Item No. 5(E) FINANCIAL CONSIDERATIONS The grant of easement action has no direct fiscal impacts. EBMUD will not pay for the easement since it is a requirement of the City's project. All costs associated with the water main extension and additional fire hydrants are included in the project budget. LEGAL CONSIDERATIONS The City Attorney has reviewed and commented on the grant of easement. document. Further review of the legal description and plat map will occur prior to execution of the grant by the City Manager. Scott Hanin, City Manager Attachments: 1. Accompanying Resolution 2. Resolution 2012-:XX, Attachment 1- Grant of Easement 3. Resolution 2012-XX, Attachment 2- Easement Diagram Page 3 ---PAGE BREAK--- RESOLUTION 2012-XX Agenda Item No. 5(E) Attachment 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO GRANTING A UTILITY EASEMENT TO EAST BAY MUNICIPAL UTILITY DISTRICT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT OF EASEMENT WHEREAS, the City of El Cerrito ("City") is building a new Recycling Center on Schmidt Lane; and WHEREAS, the Recycling Center will require two new fire hydrants at the end of Schmidt Lane, outside the current public right of way; and WHEREAS, to extend its water main to reach the new fire hydrants, East Bay Municipal Utility District (EBMUD) has requested an easement in the new area; and WHEREAS, the City is the fee owner of the property in question; and WHEREAS, the grant of easement and diagram of the easement property are attached hereto and incorporated herein as Attachments 1 and 2; and WHEREAS, Government Code Section 50335 permits the City to convey utility easements to any public or private corporation in the public utility business and to regulate the terms and conditions of such conveyances. NOW, THEREFORE, BE IT RESOLVED, by the City Council that it hereby grants to EBMUD a non-exclusive easement and authorizes the City Manager to execute the Grant of Easement, attached hereto as Attachment 1. BE IT FURTHER RESOLVED, that this Resolution shall become effective immediately upon passage and adoption. I CERTIFY that at a regular meeting on January 17, 2012, the City Council of the City of El Cerrito passed this resolution by the following vote: AYES: NOES: ABSENT: IN WITNESS of this action, I sign this document and affix the corporate seal of the City ofEl Cerrito on January XX, 2012. Cheryl Morse, City Clerk Approved: William C. Jones III, Mayor ---PAGE BREAK--- RECORDING REQUESTED BY East Bay Municipal Utility District AND WHEN RECORDED MAIL TO East Bay Municipal Utility District Post Office Box 24055 Oakland, California 94623 Attn: Real Estate Services/dd DEA I 1-008 R/W SPACE ABOVE THIS LINE FOR RECORDER'S USE Agenda Item No. 5(E) Attachment 2 APN: 505-090-015-7 Pursuant to Government Code Section 27383, Grantee is exempt from paying recording fees. GRANT OF EASEMENT THIS INDENTURE, made by and betwren CITY OF EL CERRITQ hereinafter called the Grantor, and EAST BAY MUNICIPAL UTILITY DISTRICT, a public corporation organized and existing under the laws of the State of California, hereinafter called the Grantee, WITNESSETH: THAT the Grantor, for a good and valuable consideration, the receipt and sufficiency wheroof are hereby acknowledged, hereby grants to the Grantee and to its successors and assigns a perpetual non-exclusive easement and right-of-way for the purpose of laying down, constructing, reconstructing, removing, replacing, repairing, maintaining, operating and using, as the Grantee may see fit, for the transmission and distribution of water, a pipe or pipelines and all necessary braces, connections, fastenings and other appliances and fixtures including underground telemetry and electrical cables for use in connection therewith or appurtenant thereto, in, under, along and across that certain real property described in Exhibit and shown on Exhibit attached hereto and made a part hereof. TOGETHER with the right of ingress to and egress from said right-of-way and the right at all times to enter in, over and upon said right-of-way and every part thereof and also to use said right-of-way for all purposes connected with the laying down, constructing, reconstructing, replacing, removing, repairing, maintaining, operating and using said pipe or pipelines. Grantor and Grantee acknowledge that sewer, gas, electricity, and telephone lines already exist and are in use in said easement and right-of-way. The Grantor and the Grantor's heirs, successors, or assigns shall not place or permit to be placed on said right-of-way any building or structure, including but not limited to houses, garages, outbuildings, swimming pools, tennis comis, retaining walls, decks, and patios nor do nor allow to be done anything W1ich may interfere with the full enjoyment by the Grantee of the rights herein granted. The above paragraph notwithstanding Grantor reserves the right to landscape the easement area in a manner consistent with the Grantee's use; however, such use by Grantor shall not include the planting of trees nor a change in the existing surface elevation (grade) ofthe easement area by more than one foot without first having prior written consent of the Grantee. The Grantee agrees that said pipe or pipelines shall be constructed and maintained at a depth of at least eighteen ( 18) inches below the present surface of the ground. D 12-02.0 I. doc Rev. 1/9/2012 ---PAGE BREAK--- The Grantee agrees upon the completion of any of its works hereunder to restore as near as possible the surface of the ground to the condition in which it was prior to the commencement of said work. TO HAVE AND TO HOLD, all and singular, the rights above described unto the Grantee and the Grantee's successors and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this indentu·e this day of , 2012. 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