To: Board of Directors, Sonoma County Water Agency
Department or Agency Name(s): Sonoma County Water Agency
Staff Name and Phone Number: Kevin Booker 707-521-1865 Jennifer Willits 707-494-3094
Vote Requirement: 4/5th
Supervisorial District(s): Second
Title:
Title
Consideration of Grant of Easements to MP 414 Petaluma Associates, LP
End
Recommended Action:
Recommended action
A) Consider that the granting of an easement to MP 414 Petaluma Associates, LP; and related easements on the same property to Comcast Cable Communications Management, LLC, Pacific Gas & Electric Company, and AT&T Inc., in a form approved by county counsel, will not adversely affect Sonoma County Water Agency in any respect.
B) Consider that entering a Consent Agreement with MP 414 Petaluma Associates, LP, in a form approved by county counsel, will not adversely affect Sonoma County Water Agency in any respect.
In accordance with Section 9 of Sonoma Water’s enabling legislation, this item will return to the Board at the Board’s next scheduled meeting for further consideration and action. (4/5th Vote Required)
end
Executive Summary:
This item involves consideration by the Board of Directors that the granting of an easement by the Sonoma County Water Agency (Sonoma Water) to MP 414 Petaluma Associates, LP (MidPen) will not adversely affect Sonoma Water in any respect. The item also proposes granting easements on the same Sonoma Water property (APN 006-163-037) to each of three utilities: Comcast Cable Communications Management, LLC, Pacific Gas & Electric Company, and AT&T Inc., for a joint utility trench at the site. MidPen also requests consent to use a portion of an easement and right of way owned by Sonoma Water (APN 006-163-044); the Board is asked to consider this consent agreement in addition to the four easement agreements.
Affordable housing developer MidPen is constructing an affordable housing complex adjacent to Sonoma Water property and has requested easements over a segment of the Petaluma Aqueduct. The proposed apartment complex driveway, landscaping, and a storm drain outfall would cross Sonoma Water property; the plans also include a joint utility trench (Comcast, PG&E, and AT&T) which would require easements to the utilities at this location.
Discussion:
Sonoma Water is the owner of property, and a right of way and easement for purposes of construction, maintenance, repair, and operation of underground water transmission pipelines and related installations. Affordable housing developer MidPen is constructing an apartment complex at 414 Petaluma Boulevard North, adjacent to Sonoma Water property and easement, and has requested easements over a segment of the Petaluma Aqueduct, a water transmission line owned and operated by Sonoma Water. The proposed apartment complex driveway, landscaping, and a storm drain outfall would cross Sonoma Water property; the plans also include a joint utility trench which would require easements from Sonoma Water to Comcast, PG&E, and AT&T at this location.
Section 9 of Sonoma Water’s enabling legislation requires that any easement granted to a private entity must be granted for adequate consideration. Sonoma Water staff has determined that the value of the easement is nominal and that adequate consideration for granting of the easement is reimbursement of Sonoma Water’s staff cost and other related costs to grant the easement. MidPen has agreed to reimburse Sonoma Water for its costs to process the easement, as a condition to the Sonoma Water’s granting of the Easement and Consent Agreements. Sonoma Water Staff have determined that the easement would not adversely impact Sonoma Water’s use of its property in any respect. In accordance with Section 9 of Sonoma Water’s enabling legislation, this item will be returned to the Board for further consideration and action at the Board’s next scheduled Board Meeting.
Strategic Plan:
N/A
Prior Board Actions:
None
Fiscal Summary
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FY 21-22 Adopted |
FY22-23 Projected |
FY 23-24 Projected |
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Narrative Explanation of Fiscal Impacts:
Complex transaction includes multiple components still in process and difficult to estimate staff time needed to complete. MidPen has agreed to reimburse Sonoma Water the actual cost of funds expended by Sonoma Water to process and grant the easements.
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Narrative Explanation of Staffing Impacts (If Required):
None
Attachments:
Draft Consent Agreement with MP 414 Petaluma Associates, LP
Draft Easement Agreement with MP 414 Petaluma Associates, LP
Example Easement Agreement (for utilities)
Site Plan Illustration
Related Items “On File” with the Clerk of the Board:
None