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HomeMy WebLinkAbout7 Grant Easement TDPUD Property Agenda Item # 7 R E DONNER Public Memorandum To: Board of Directors From: Neil Kaufman Date: September 15, 2006 Subject: Grant of an Easement to the Truckee Sanitary District for Operation and Maintenance of a Sanitary Sewer on TDPUD Property 1. Why this matter is before the board: Board Authorization is required to grant an easement on TDPUD property 2. History: In June of 2005, 1 wrote a memorandum to the Board describing the planned construction of a Truckee Sanitary District(TSD)sewer pipeline on TDPUD property east of Bridge Street and north of Interstate 80. A copy of that memorandum is attached. 3. New information: The sewer pipeline construction has been completed. One outstanding issue involves the formal grant of an easement to TSD for operation and maintenance of the sewer. The constructed pipeline has been surveyed and the attached easement and legal description have been prepared. 4. Recommendation: The Board of grant an easement to the Truckee Sanitary District for operation and maintenance of a sanitary sewer on TDPUD property Attachments: Memorandum from June 10, 2005 Easement and legal description Recording Requested By& For Recorder's Use Only: When Recorded Mail To: TRUCKEE SANITARY DISTRICT 12304 Joerger Drive Truckee,CA 96161-3312 EASEMENT Truckee Donner Public Utility District as,GRANTOR,hereby GRANTS to the Truckee Sanitary District,a body politic,as GRANTEE,a non-exclusive EASEMENT for the purposes of installing, constructing, completing, repairing, maintaining, operating, replacing, and reconstructing a SEWER LINE and related facilities and appurtenances,together with a right of way therefor,within,along,under,and upon the following described real property,situated in the TOWN OF TRUCKEE,COUNTY OF NEVADA,STATE OF CALIFORNIA, and described in EXHIBIT A and shown in EXHIBIT B,attached hereto. GRANTOR further grants to GRANTEE:The perpetual right of ingress and egress from said EASEMENT for the purpose of exercising, performing,and protecting GRANTEE's rights and privileges hereunder:PROVIDED such rights of ingress and egress shall be executed so as to cause the least practicable damage and inconvenience to GRANTOR. GRANTEE covenants and agrees with GRANTOR(S):(1)To replace or cause to be replaced the easement area heretofore described,in as near its condition prior to undertaking any work as is reasonably practicable;(2)To indemnify GRANTOR against loss or damage caused by any wrongful or negligent act or omission of GRANTEE or its agents or employees in the course of their employment as may be provided for in the CALIFORNIA PUBLIC ENTITY TORT CLAIMS ACT. GRANTOR reserves the right to use said easement for purposes which will not interfere with GRANTEE'S full enjoyment of the rights and privileges herein granted:PROVIDED,HOWEVER the GRANTOR shall not erect,construct,or maintain any building or structure,nor make any excavation within or drill or operate any well,nor add to the ground level within or upon said easement without first obtaining written consent of GRANTEE to do so. The provisions hereof shall be binding upon and inure to the benefit of the successors and assigns of the respective parties hereto,and covenants shall run with the land. IN WITNESS WHEREOF,GRANTOR(S)have executed these presents this day of 12006. FOR NOTARIES USE ONLY STATE OF COUNTY OF On ,2006,before me Notary Public,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 of Notary 1 ANDREGG C;FEE C3AA^-rICS EXHIBIT "A" LEGAL DESCRIPTION SANITARY SEWER EASEMENT That portion of the tract of land shown and designated as Parcel 2 in Book 12 of Parcel Maps at Page 106, in the office the Recorder of Nevada County, located in Section 10, Township 17 North, Range 16 East, M.D.M., Nevada County, State of California. An easement for sanitary sewer purposes 20 feet wide on, over, under and across that certain portion of said Parcel 2, lying 10 feet each side of the following described centerline: Commencing at the southwest corner of Lot 9 as shown in Book 19 of Parcel Maps at Page 175, Nevada County Records, which comer is marked by a s/4" iron pin stamped LS 4751, being also the southeast corner of said Parcel 2; Thence northerly along the westerly boundary of said Lot, North 00006'17" East a distance of 39.16 feet to the True Point of Beginning (T.P.O.B.); Thence leaving said westerly line, South 5702628n West 216.43 feet; Thence South 50113'27U West 120.84 feet more or less, to terminate at a point in the easterly boundary of the parcel of land as shown on that Record of Survey recorded in Book 7 at Page 15 NCR; and from said point of termination the southwesterly corner of Parcel 2 bears the following two (2) courses: 1.) South 41020'10" East 38.80 feet to the southerly line of Parcel 2; 2.) Thence along said southerly line South 50033'31" West 110.00 feet. The area of this easement is 6,743 square feet, more or less. The sidelines of said easement are to be lengthened or shortened as necessary so as to meet at angle points and terminate at the relevant property lines as shown on Exhibit "B", attached hereto and made a part hereof. 1 Page 2 Page 1 We take your position precisely. 11661 Blocker Drive, Suite 200, Auburn, CA 95603 • 530.885.7072 • 800.400.7072 • 530.885.5798 Fax Auburn, CA • Truckee, CA • Vacaville, CA • Reno, NV Page 2 The Basis of Bearings for this description is the same as that of the Parcel Map filed in Book 19 of Parcel Maps at Page 175, Nevada County Records, based on found monuments. ALAN F MEN—WiR . LS 6 78 * P 2007 � Op CAS-��`� Alan F. Men-Muir PLS 6578 Page 2 G EO MAT1 CS BASIS OF BEARINGS 00 /001 THE BASIS OF BEARINGS FOR THIS SURVEY IS IDENTICAL w 1 TO THAT USED FOR THE MAP FILED IN BOOK (6 I TRAILS END PIONEER COMMERCE 19 OF PARCEL MAPS AT PAGE 175 AND IS BASED 0 1 ROAD CENTER PHASE III ,. ON MONUMENTS SHOWN THEREON AND HEREON AS FOUND, 1 w LOT 8 LEGEND 01 "00, 19 PM 175 NCR • • • • • • • FOUND 3/4" IRON PIN STAMPED 'LS 4751' o I 0 • • • • • • • DIMENSION POINT — NOTHING FOUND OR SET o LOT 9 z 1 19 PM 175 NCR O SANITARY SEWER MANHOLE 1 / . 120' WATER PIPELINE f� • • • • • • • FOUND 3/4 O.I.P. — ILLEGIBLE I & PUBLIC UTILITY" � �� EASEMENT EASEMENT EASEMENT AREA = 15' GAS PIPELINE EASEMENT �-- �, 20' PEDESTRIAN 6,743f SQ. FT. PER DOC. 2000 14034, NCR f� �. � EASEMENT TRUCKEE DONNER PUBLIC T.P.O.B. . LAB UTILITY DISTRICT ��'' 50' BLDG. 19-420-38 RESTRICTION EN— I 10' /�:: MEN—MUIR S57 26 28 W y s $ 216.43 f -�_ ✓ ,y� N00.06'17"E PIRES 71r 20' SEWER 0 �'�ti 39,16(TIE) �., 9 ooe EASEMENT i ��' �c OF CALF° 40 . /3 . 0�.. 8 RII S50.13'27"w ' 41�1 EXHIBIT "B" y -- 120.84 v TRUCKEE SANITARY 20 80 0 40 � �o��.y�°' ����' DISTRICT SEWER EASEMENT A PORTION OF TSD PARCEL 10' REFER TO 12 PM 106, SECTION 10, T.17 N., R.16 E., M.D.M. 7 RS 15 7 RS 15, 19 PM 175, ETC. NEVADA COUNTY, CALIFORNIA � FOR EXISTING UTILITY \ N41•2010 W EASEMENTS. SCALE: 1"_80' SEPT. 13, 2006 38.80(TIE) AN DREGG G Et7 MAT1C5 www.aredrpa.00m X7\L002\1123710\TSD Easement\1123710 PCCIII TSD—Esmnt.dwg, 09/13/06 09:08:550m, Tod 800-400-70n ► . . ,,. Public Utility District Memorandum To: Board of Directors From: Neil Kaufman Date: June 10, 2005 Subject: Construction of a Sanitary Sewer Pipeline on District Owned Property (APN 19-420-38) This memorandum is intended to inform the Board of Directors of upcoming construction that will be performed on a parcel of land owned by the District. The parcel in question is APN 19- 420-38, which is located just east of Bridge Street and north of Interstate 80. During the summer of 2004, the District constructed the Northside Transmission Pipeline project. The routing of this pipeline arcel of land owned b Figure y the Truckee Sanitary D strc t (TSD).ure, the pipeline crosses a small rectangular p During the design phase of the project, the District held discussions with TSD in order to acquire an easement for the water pipeline. TSD agreed to grant the water pipe easement to the District in exchange for an easement to construct a sewer pipeline across the adjacent property owned by the District. TSD also agreed to stub out a sewer lateral at a location designated by the District to provide service for the District's planned corporation yard. Both agencies agreed to grant the easements at no cost to the other party. The planned routing of the sewer pipeline is along the southerly edge of the property as shown on Figure 2. There are currently numerous utilities in this area including 1) A high pressure 8-inch natural gas pipeline 2) A natural gas pressure regulating station 3) A 24-inch water pipeline 4) An underground telephone conduit duct bank In addition, there is an easement for construction of a recreational trail along this area. East- West Partners should undertake construction of this trail in the next few years. Considering the existence of numerous utilities and the future recreational trail, construction of a sewer pipeline in this area would not impact the District's use of the property. This arrangement with TSD provides two benefits to the District. 1) The District acquired an easement for the Northside Transmission Pipeline at no financial cost and with impact to the District's existing property. 2) The cost to provide sewer service to the District's new corporation yard will be significantly reduced, since there will be an available sewer lateral on-site and the District will not have to construct an additional 500 feet of sewer pipe to connect to the existing sewer main in Bridge Street. Page 1 Please note that the District will still have to pay the appropriate sewer connection fees at the time that the corporation yard is constructed. Construction of the sewer pipeline will likely begin within the next few weeks. The pipeline will be constructed by Summit Construction as part of the Pioneer Commerce Center Phase 3 project. Upon completion of construction, the sewer pipeline will be dedicated to TSD. I am working with Acumen Engineering (design engineer for the sewer pipe) to locate the best location and depth for sewer lateral stub. Upon completion of the construction, an easement document will be prepared by granting the easement to TSD and I will present it to the Board for formal approval. Attachments: Figure 1 Figure 2 Page 2