Title
Resolution approving the grant of a utility easement on City of South San Francisco property (APN 093-331-110) located at 201 West Orange Avenue for the Broadband Expansion Project (st2102) to be granted to Intermountain Infrastructure Group for conduit and fiber optic lines and authorizing the City Manager to execute a utility easement deed.
Body
WHEREAS, in 2019, the City of South San Francisco (“City”) adopted a Dig Once Policy to reduce the impact of utility construction in the City’s public right of way; and
WHEREAS, in 2020, the City entered into an agreement with Intermountain Infrastructure Group (“IIG”) for a joint utility trench buildout and the purchase of two 2-inch high-density polyethylene (“HDPE”) conduits to be installed by IIG throughout the City as part of IIG’s Phase I utility conduit development, Broadband Expansion Project (st2102), for fiber optic use; and
WHEREAS, the City agreed to compensate IIG $545,086 for the purchase and installation of the two 2-inch diameter HDPE conduits installed by IIG as part of IIG’s Phase I utility conduit development and to be used by the City for the Broadband Expansion Project and other uses; and
WHEREAS, in 2020, the City entered into an agreement with C/CAG for the purchase and installation of the conduits that overlap with the Smart Corridor Expansion Project (tr2002); and
WHEREAS, C/CAG agreed to compensate the City $300,000 for the purchase and installation of two 2-inch diameter HDPE conduits that overlap with, and for, use by the Smart Corridor Expansion Project; and
WHEREAS, a segment of the IIG Phase I buildout along West Orange Avenue would have crossed SFPUC land owned in fee by SFPUC, triggering a requirement for every party, including the City, in the joint trench to enter into individual revocable agreements with SFPUC that include initial upfront and monthly fees; and
WHEREAS, to circumvent and avoid crossing land owned by SFPUC, the City may grant a utility easement for the installation of public and private conduits and fiber optic lines on real property situated in and owned by the City of South San Francisco; and
WHEREAS, IIG requests the City to grant a utility easement to accommodate the installation of underground conduit and fiber optic lines located on a City-owned parcel identified as APN 093-331-110 (“Property”). Responsibility for upkeep and maintenance of the infrastructure and conduit and fiber optic lines within the designated area would be the responsibility of IIG, as per the utility easement and Conduit Bill of Sale and Operation of Joint Trench Agreement between IIG and the City; and
WHEREAS, pursuant to Government Code Section 65402, staff has concluded that the location, purpose, and extent of the proposed reservation of easement for IIG’s conduit and fiber optic lines is in conformity with the City’s General Plan because (1) it fulfills the purpose of the Project and underlying land use of the General Plan; (2) the purpose of the Project is to facilitate the development of a public facility in accordance with the intent of the General Plan land use designation for a public facility; and (3) the amount of property being requested under easement is necessary to construct the project as proposed.
NOW, THEREFORE, BE IT RESOLVED that the City of South San Francisco City Council (“City Council”) finds and determines that the above recitals are true and correct and incorporated herein by reference.
BE IT FURTHER RESOLVED that the City Council approves granting of a land easement to Intermountain Infrastructure Group (IIG) for conduit and fiber optic lines for the Broadband Expansion Project and authorizes the City Manager to execute the utility easement deed substantially in the form attached as Exhibit A.
BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to make any revisions, amendments, corrections, and modifications, subject to the approval of the City Attorney, deemed necessary to carry out the intent of this Resolution and which do not materially alter or increase the City’s obligations thereunder; to execute any other necessary related documents on behalf of the City, subject to approval as to form by the City Attorney; and to take any related action reasonably necessary to carry out the intent of this Resolution.
Exhibit A - (draft) Utility Easement Agreement
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