HomeMy WebLinkAbout11 Southwest Gas Grant Easement Agenda Item # 11
Public Utility District
ACTION
To: Board of Directors
From: Kathleen Neus
Date: August 05, 2009
Subject: Consideration of a Grant of Easement to Southwest Gas, APN 19-
400-27
1. WHY THIS MATTER IS BEFORE THE BOARD
Board action is required to grant an easement on District property.
2. HISTORY
The District acquired APN 19-400-27 from Mr. Christopher Steele during the summer
of 2000.
3. NEW INFORMATION
Prior to transferring the property to the District, Mr. Steele had reached an agreement with
Southwest Gas (SWG) regarding an easement for construction of a natural gas pipe
across the property. District staff was aware of this agreement and SWG's intent to
construct the gas pipeline.
In 2000 SWG constructed the gas pipeline with the knowledge of District staff. In 2007
SWG was conducting a review of its property and easement records. SWG discovered
that the easement agreement between SWG and Mr. Steele had never been recorded
with Nevada County. SWG contacted the District to request a current title report on the
property. The District confirmed that the most recent title report does not indicate the
SWG easement.
Considering that the gas pipeline currently exists on APN 19-400-27 and that the District
was aware of the agreement between Mr. Steele and SWG when the District acquired the
property, it is appropriate to grant an easement to SWG to clarify the easement rights in
regards to this existing gas pipeline.
Attached is a copy of the legal description for the easement. This easement covers an
area with numerous other existing utilities including AT&T Telephone, TDPUD electric,
TDPUD water and TSD sewer. Granting of this easement to SWG will not impact usage
or future development of the property since this area is already encumbered by
easements covering other utilities.
4. FISCAL IMPACT
There is no fiscal impact associated with this item. The field survey work and
preparation of the legal description was funded by SWG.
5. RECOMMENDATION
Authorize the Board President to execute an easement agreement between
Southwest Gas and the District governing construction, operation and maintenance of
a natural gas pipeline on APN 19-400-27.
Michael D. Holley
General Manager
•MI M1ii
E.-
Resolution No. 2009 - XX
AUTHORIZING THE GRANT OF A PIPELINE EASEMENT
TO SOUTHWEST GAS CORPORATION
WHEREAS, Truckee Donner Public Utility District owns that certain real property located
within the Town of Truckee, County of Nevada, State of California as set forth on the Record
of Survey prepared by Andregg Geomatics and filed in Book 12 of Parcel Maps, Page 106 of
Nevada County Records (the"District's Property"),APN 19-400-27 located at the end of Trails
End Road near the Pioneer Commerce Center; and
WHEREAS, Southwest Gas Corporation requires the District to grant a 25 and 15-foot wide
easement for installation and maintenance of natural gas pipelines; and
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors as follows:
1. The easement for installation and maintenance purposes is hereby granted to
Southwest Gas Corporation.
2. The President of the Board of Directors and the General Manager are authorized to
execute, acknowledge and deliver the easement deed to the County of Nevada,with a
description thereof attached to the deed, and the same is attached hereto, marked
Exhibit "A", and made a part hereof.
PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within
the District on the fifteenth day of August 5, 2009 by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
J. Ron Hemig, President
ATTEST:
Michael D. Holley, District Clerk
RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
Contract Administrator
Post Office Box 309
Truckee, CA 96160
THE UNDERSIGNED DECLARES
DOCUMENTARY TRANSFER TAX IS $0
APN 19-400-27
GRANT DEED FOR PUBLIC UTILITY EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Truckee Donner
Public Utility District, Grantor, does hereby grant to Southwest Gas Corporation, Grantee, a
permanent public utility easement over a portion of APN 19-400-27 located in the Town of
Truckee, Nevada County, California, and further described in Exhibit "A" and Exhibit "B"
attached hereto.
The easement granted herein includes the right to do all things necessary for the construction,
installation, upgrade, operations, repair, and maintenance of water, electric, and communication
facilities on this easement including, but not limited to, a right of ingress and egress, a right to
temporarily store equipment and materials, to excavate, to drive vehicles over, to place markers
on, to survey to inspect and repair and to remove rocks, boulders, trees and plant life in the
course of excavation or re-excavation.
Date:
Owner (Notarized)
MAIL TAX STATEMENTS TO:
SAME AS ABOVE
State of California )
County of Nevada )
On before me, Notary Public,
personally appeared who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his 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.
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 and official seal.
(Seal)
Notary Public
EASEMENT ACCEPTANCE
APN 19-400-27
This is to certify that the interest in the utility easement conveyed by this document to the
Southwest Gas Corporation, a local public agency of the State of California, is hereby accepted
by the undersigned on behalf of the Board of Directors of the Truckee Donner Public Utility
District pursuant to authority conferred by Resolution No. of said Board adopted on
Dated
Michael D. Holley, P.E., General Manager
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
State of California )
County of )
On before me, Notary
Public, personally appeared who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is 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.
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 and official seal.
(Seal)
Notary Public
TRI STATE SURVEYING, LTD.
* 425 E.Long Street
* Carson City,Nevada 89706
stl� wb Telephone(775)887-9911 ♦ FAX (775)887-9915
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Toll Free: 1-800411-3752
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.P.and APmnaum Sdaaom JN 07138.09.CM
EXHIBIT "A"
SOUTHWEST GAS CORPORATION
GRANT OF EASEMENT
A portion of land situate within the Southeast One-Quarter (SE 1/4) of Section Ten (10),
Township Seventeen(17)North,Range Sixteen(16)East,M.D.M., Town of Truckee, County of
Nevada, State of California,being more particularly described as follows:
BEGINNING at the most southeast comer of that parcel designated TDPUD 2006-043348 as
shown on that Record of Survey for the Truckee Donner Public Utility District recorded in Book
14 of Surveys at Page 34 as Document No. 2008-0015018 in the Official Records of the County
of Nevada, State of California;
Thence along the southeasterly line of said parcel, South 57°23'14" West, 117.31 feet;
Thence continuing along said southeasterly line, South 49°3018" West, 193.44 feet;
Thence along the southwesterly line of said parcel,North 42*23'23" West,25.01 feet;
Thence along a line being parallel with and 25.00 feet northwesterly of the southeasterly line of
said parcel,North 49'30'18"East, 195.99 feet;
Thence continuing along said line,North 57*23'14"East, 116.79 feet;
Thence along a line being parallel with and 15.00 feet westerly of the easterly line of said parcel,
North 01°02'01"West, 839.87 feet;
Thence North 88°57'59" East, 15.00 feet to the easterly line of said parcel;
Thence along said easterly line of said Parcel, South 01°02'01"East, 860.00 feet to the Point of
Beginning and the end of this description.
Contains 20,543 square feet,more or less.
The basis of bearings of this description is identical to that Record of Survey for the Truckee
Donner Public Utility District recorded in Book 14 of Surveys at Page 34 as Document No.
2008-0015018 in the Official Records of the County of Nevada, State of California.
Prepared by Tri State Surveying,Ltd.
®m`ameem�mo �<fs
ft.7936
Gregory S.Phil ips,PL(5 i ��_ ""
California Certificate No. 7936
NE CORK OF
TDPUD
2006-043348 oa,
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c�N
LINE BEARING DISTANCE
L1 S57'2314 W 117.31' z
L2 S49'30'18"W 193.44'
L3 N42'23 23 W 25.01' L6
L4 N49'3018"E 195.99'
L5 N57-23 14 E 116.79' (°
L6 N88'57'59"E 15.00' ::
I' 19 PM 175
1"=200'
E;.
TDPUD }
2006-043348
Lu
g
O j p
R/S 14/34
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TDPUD TSD
2006-043349 `' -
89-23563
EXHIBIT "B" .or,41 et TR! STATE SURVEYING, LTD
SOUTHWEST GAS CORPORATION „ 425 E. Long Street
/
A PORTION OF THE SE 1 4 OF Carson City, Nevada 89706
SECTION 10, T.17N., R.16E., M.D.M. t4 (775) 887-9911
TOWN OF TRUCKEE, COUNTY OF NWRO * FAX: (775) 887-9915
NEVADA, STATE OF CALIFORNIA Land hgormdion Sotumns JN 07138.09.CM