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Home My WebLink About22 Frontier EasementSTAFF REPORT CITY OF PALM DESERT ADMINSTRATIVE SERVCES MEETING DATE: December 16, 2021 PREPARED BY: Cora L. Gaugush, Management Specialist II REQUEST: Authorize Grant of Easement to Frontier Communications Recommendation By Minute Motion: 1. Authorize the Grant of Easement to Frontier Communications for property known as APN 628-130-008, located on Upper Way West; and 2. Authorize the Mayor to execute the same. Discussion On October 14, 2021, City Council authorized the granting of an easement to Southern California Edison (SCE) over the subject property. The property owner at 72240 Upper Way West contacted Southern California Edison and requested the overhead line and power pole servicing the residence be relocated to a less obtrusive location. In order to accommodate his request, SCE required the Grant of Easement over a vacant parcel of land directly adjacent to this property, which is owned by the City of Palm Desert. The power pole that is being relocated SCE is also used by Frontier Communications for their service equipment. Now that SCE is relocating their equipment and power pole, Frontier Communications needs to obtain an easement to relocate their service equipment as well. The property owner is bearing the total cost of the project. Staff has conferred with the Development Services and Public Works Departments regarding this matter, and there were no objections to this request. December 16, 2021 - Staff Report Authorize Grant of Easement APN 628-130-008 Page 2 of 2 Fiscal Analysis There is no fiscal impact associated with this action. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW NIA Lov'LCcur vte�y N/A Robert W. Lori Carney Hargreaves Director of Janet Moore City Attorney Administrative Services Director of Finance City Manager: L. Todd Hileman: L. TOO( ht%Levu.aw APPLICANT: Frontier Communications Frontier California, Inc. 201 Flynn Road-CAM38NE2 Camarillo, CA 93012 ATTACHMENTS: Grant of Easement CITY COUNCILA�TION APPROVED �i!! DENIED RECEIVED OTHER MEETING DATE \Z• - 'W'2-t AYES:VOnaIilaV), ICelk{, Nes-thde, Qt.rirrttoiHa/ --N4,rn,K NOES: Nib ne, ABSENT: None ABSTAIN• NDne VERIFIED BY: I ors Original on File with City Clerk's Office ASSISTANT CITY MANAGER .Andy Firestine Andy Firestine Assistant City Manager •••. Frontier COMMUNICATIONS RECORDING REQUESTED BY FRONTIER CALIFORNIA INC. WHEN RECORDED MAIL TO FRONTIER CALIFORNIA INC. Maria A. Kidd Specialist/Right of Way 201 Flynn Road — CAM38NE2 Camarillo, CA 93012 - 8058 RTI I911 No Consideration Value Less Than $100 No Documentary Transfer Tax Due By Frontier California Inc. ickul Maria Kidd Ri'ht of Way Agent GRANT OF EASEMENT APN 628-130-008 CITY OF PALM DESERT, A MUNICIPAL CORPORATION, hereinafter referred to as GRANTOR, hereby grants to FRONTIER CALIFORNIA INC., a Corporation, hereinafter referred to as GRANTEE, its successors and assigns, an easement and right of way for the purpose of constructing, using, maintaining, operating, altering, add to, repairing, replacing, reconstructing, inspecting and/or removing its facilities consisting of but not limited to: underground conduits, manholes, hand holes, amplifiers, pedestals, cables, wires, above and below ground vaults and enclosures, concrete pads, markers and other appurtenances, fixtures and/or facilities (hereinafter sometimes called "equipment") necessary or useful for the transmission of electric energy for communications, telecommunications, video, intelligence by electrical means and/or other purposes on, over, in, under, across, along that certain real property situated in the County of Riverside, State of California described as follows: TWO STRIPS OF LAND LYING WITHIN GOVERNMENT LOT 58, IN THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THE CENTERLINES OF SAID STRIPS ARE DESCRIBED AS FOLLOWS: STRIP # 1 (10.00 FEET WIDE) COMMENCING AT THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 58, SAID CORNER ALSO BEING THE SOUTHEAST CORNER OF PARCEL I OF PARCEL MAP NO. 11,388, AS PER MAP FILED IN BOOK 51, PAGE 9 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE NORTHERLY LINE OF SAID GOVERNMENT LOT 58, SOUTH 89' 48'15" EAST 224.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING THE NORTHERLY LINE OF SAID GOVERNMENT LOT 58, SOUTH 66" 14'44" WEST 205.73 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING SOUTH 66-14'44" WEST 5.00 FEET TO A POINT OF TERMINATION. THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO TERMINATE NORTHEASTERLY IN THE NORTHERLY LINE OF SAID GOVERNMENT LOT 58. STRIP #2 (4.00 FEET WIDE) BEGINNING AT SAID POINT "A"; THENCE NORTH 23 45' 16" WEST 1 1.00 FEET TO A POINT OF TERMINATION. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN STRIP # 1 DESCRIBED HEREINABOVE AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. R/W 293-70107-21 Page 1 of 3 GRANT OF EASEMENT APN 628-130-008 This legal description was prepared pursuant to Section 8730(c) of the Business and Professions Code. It being the intention of the Grantor(s) to grant an easement for said system as constructed. The centerline of the easement shall be coincidental with the centerline of said system as constructed in, on, over, under, across, and along the Grantor(s) property. The GRANTEE, its successors and assigns and their respective agents and employees, shall have the right of ingress to and egress from said easement and every part thereof, at all times, for the purpose of exercising the rights herein granted and shall have the right to remove such plant growth as may endanger or interfere with the use of said easement. Such rights shall be reasonably exercised and the Grantee shall be liable for any damages negligently done by it to the above - described property. IN WITNESS WHEREOF said Grantor(s) ha, executed this Instrument this day of 20_. GRANTOR(s): CITY OF PALM DESERT A MUNICIPAL CORPORATION Signature Print Name Title A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document STATE OF COUNTY OF On this day of 2021. before me, , a Notary Public, personally appeared , who 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. 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. FOR NOTARY SEAL OR Notary's Signature STAMP R/W 293-70107-21 Page 2 of 3 GRANT OF EASEMENT APN 628-130-008 GRANTOR(s): FRONTIER CALIFORNIA INC. A CORPORATION Sigature ki/viaLIA Title A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document STATE OF6k � COUNTY OF Y-12,1A-41A-kf's-- On this LD day of 0 4-1)bAl 2021, before me, �V ' 1 C, 't `�`� , a Notary Public, (j ,, personally appeared kt Ak I �XX/VVI krb -- , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(sgis/afe-subscribed to the within instrument, and acknowledged to me that he/shettreTexecuted the same in his/heatheirauthorized capacity . ees1; and that by his/her4theirsignature96 on the instrument, the person), or the entity upon behalf of which the person() 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. FOR 1 l /1 ,,I NOTARY [i��A-�� t6� OR SEAL Notary's Signature STAMP MARIA KIDD Notary Public • California Los Angeles County Commission # 2317939 My Comm. Expires Jan 7, 2024 R/W 293-70107-21 Page 3 of 3