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HomeMy WebLinkAboutResolution - RDA 09-10 STATE OF CALIFORNIA ) RESOLUTION NO. RDA 09-10 COUNTY OF RIVERSIDE) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO APPROVING THE GRANT OF AN AERIAL OVERHANG EASEMENT AND RIGHT OF WAY ABOVE, OVER, ACROSS AND ALONG CERTAIN AGENCY PROPERTY FOR OVERHEAD ELECTRIC UTILITY DISTRIBUTION PURPOSES WHEREAS, the Redevelopment Agency of the City of San Jacinto ("Agency") is engaged in the activities necessary to execute and implement the redevelopment plan ("Redevelopment Plan") for the Agency's San Jacinto Redevelopment Project Area ("Project Area"); and WHEREAS, the Agency is undertaking certain activities necessary for redevelopment in the Project Area pursuant to the provisions of the California Community Redevelopment Law (Health & Safety Code, §§ 33000 et seq.) ("CRL") and the Redevelopment Plan; and WHEREAS, the Agency owns certain real property located on 248 E. Main Street, commonly described as Assessor Parcel Number 437-072-009 & 437-072-010 (the "Agency Property"); and WHEREAS, an aerial overhang easement and right of way shall be granted to Southern California Edison Company above, over, across and along a certain portion of Agency Property, specifically in the Virginia Lee parking lot, for the purpose of providing overhead electric utility transmission; and WHEREAS, notwithstanding, the Grantee shall retain the right to use, maintain and repair an existing 60 ft. utility pole and riser in and under the Easement Area of which approximately 52 ft. of this existing utility pole is located above ground while the remainder is located under the Easement Area at the time of this Grant of Aerial Overhang Easement; and WHEREAS, the grant of an aerial overhang easement and right of way requested by Edison will benefit the Agency Property by improving the delivery of electric utility services within the Project Area; and WHEREAS, pursuant to the provisions of CRL Section 33430, the Agency may, for the purposes of redevelopment, transfer, assign, pledge or otherwise dispose of any real property or any interest in property; and WHEREAS, for the purposes of redevelopment in the Project Area, the Agency desires to grant the aerial overhang easement and right of way to Edison; and NOW, THEREFORE, BE IT RESOLVED, by the Board of the Redevelopment Agency of the City of San Jacinto ("Agency Board'): Page I of 2 Section 1. Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated by this reference as though fully set forth herein. Section 2. Approval of Grant of An Aerial Overhang Easement and Right of Way. The Agency Board hereby approves the grant of an aerial overhang easement and right of way to the Edison, as more particularly described and depicted in the attached Exhibit "A" which is incorporated herein by reference for the purpose described in this resolution. Section 3. Further Acts. The Agency Board authorizes the Executive Director, pursuant to review and approval by its General Counsel, to execute a grant of Easement and any other documents necessary to effectuate said grant. Section 4. CEQA Compliance. Based on the entire record before the Agency Board, the Agency Board finds that approval and execution of the Grant of Easement is exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15061(b)(3) as there is no possibility that said grant will have a significant effect on the environment. Section 5. Notice of Exemption. The Agency Board hereby authorizes and directs Agency staff to file a Notice of Exemption with the County Clerk of Riverside County within five (5) working days following adoption of this Resolution. Section 6. Effective Date. This Resolution shall become effective upon its adoption. PASSED, APPROVED and ADOPTED, this 2"d day of July 2009 by the following vote: Ayes: Ayres, Di Memmo, Mansperger, Potts, Stubblefield Nays: None Abstain: None Abse0, ""Ndnf� a.•' ANt R de e A n W z ; r = ale Stu blefie d, C ai man ATTEST:'% E•y�: i f Barry Mc Ian, Agency Secretary APPROVED AS TO FORM BEST BEST & KRIEGER LLP Jeffrey S. Balli ger, Agency Counsel Page 2 of 2