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HomeMy WebLinkAboutR-11596 declaring certain real property interests necessary for public purposes and authorizing theR 11596 RESOLUTION NO. 11596 (2025 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE CALIFORNIA & TAFT ROUNDABOUT PROJECT (CERTAIN REAL PROPERTY INTERESTS ON APN 001-043-027) WHEREAS, the City of San Luis Obispo, California (“City”) seeks to construct the California & Taft Roundabout Project (“Project”) to alleviate congestion, improve safety for vehicles, bicyclists and pedestrians, increase capacity and improve traffic flow operation at the intersection of California Boulevard and Taft Street; and WHEREAS, the City seeks to construct public street improvements consisting of a roundabout and related street improvements to improve traffic operations and safety for all road users of the California Boulevard and Taft Street intersection, consistent with the City’s adopted plans and policies; and WHEREAS, the intersection of California Boulevard and Taft Street currently operates deficiently per the City’s adopted performance thresholds and has a documented history of collisions and traffic safety concerns. Installation of a roundabout at this intersection is recommended in the City’s adopted General Plan Circulation Element, Active Transportation Plan, and multiple safety plans. The construction of the Project will benefit the City and the public because the intersection of California Boulevard and Taft Street is identified in the City’s General Plan Circulation Element and California Polytechnic University (Cal Poly) Housing South Environmental Impact Report (EIR) as operating with levels of traffic congestion and vehicle delay that exceed the City’s adopted performance thresholds. In addition, this intersection has been identified as a high collision-rate intersection in the City’s previous Traffic Safety Reports and recent 2025 Draft Vision Zero Action Plan. The City’s 2021 Active Transportation P lan (ATP) also recommends modifications to this intersection to improve bicycle and pedestrian crossings—the need for which has increased with the recent extension of the Railroad Safety Trail along California Boulevard between Taft and Pepper Streets; and Docusign Envelope ID: 3D0DFF20-EC75-4026-9FB4-ECFF967545F7 Resolution No. 11596 (2025 Series) Page 2 R 11596 WHEREAS, the City seeks to construct the Project to improve safety and traffic circulation at the intersection of California Boulevard and Taft Street by constructing a roundabout and related improvements consistent with the Federal Highway Administration’s (FHWA) recommendations for such intersections. Roundabouts are shown to promote lower traffic speeds, reduce intersection conflict points, improve traffic operations, reduce congestion, delays and vehicle emissions, and reduce severity of collisions and improve safety. Based on an analysis of these alternatives, an all-way stop configuration would result in deficient traffic operations and a traffic signal would operate less efficiently than a roundabout and provide less safety benefit. The reconstruction of this intersection as a single-lane urban roundabout is recommended in each of these planning documents as the appropriate mitigation measure to improve both traffic operations, pedestrian/bicycle crossings, and safety for all road users. The City’s General Plan Circulation Element and City Engineering Standards also include policies that prioritize roundabouts as the preferred form of intersection control for intersections that may otherwise be considered for signalization or all-way stop control; and WHEREAS, the Project requires the acquisition of certain real property interests, consisting of (collectively “Subject Property Interests”) on the real property located at 578 California Boulevard, San Luis Obispo, California, and is identified as County of San Luis Obispo Tax Assessor’s Parcel Number 001-043-027 (“Property”): (a) an approximate 2,182 square foot portion of the Property in fee for public street/right-of-way purposes, public utilities, drainage, and all uses necessary or convenient in conne ction with the Project described more particularly on EXHIBIT “A” and depicted on EXHIBIT “B” attached hereto and incorporated herein by this reference; (b) an approximate 763 square foot temporary construction easement (TCE) on the Property for a term of 18 months from date of possession of the Property to facilitate the construction of the Project described more particularly on EXHIBIT “C” and depicted on EXHIBIT “D” attached hereto and incorporated herein by this reference; and (c) an approximate 1,614 square foot temporary non-exclusive access easement on the Property for a term of 18 months from date of possession of the Property for ingress and egress and to complete driveway tie - in work and conform driveway to adjacent public street improvements described more particularly on EXHIBIT “E” and depicted on EXHIBIT “F” attached hereto and incorporated herein by this reference; and WHEREAS, the City is authorized to acquire the Subject Property Interests described above and in Section 3 below for the construction of public street, roadway, sidewalk, public utilities, drainage and all uses necessary or convenient thereto in connection with the Project pursuant to the authority conferred upon the City to acquire property by eminent domain by California Constitution, Article 1, Section 19, California Government Code sections 37350, 37350.5, 37351, and 40404, and California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010 through 1240.050, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650, and by other provisions of law; and Docusign Envelope ID: 3D0DFF20-EC75-4026-9FB4-ECFF967545F7 Resolution No. 11596 (2025 Series) Page 3 R 11596 WHEREAS, the Subject Property Interests were appraised by an independent real estate appraiser and the amount City Council set is just compensation for the Subject Property Interests at the fair market value set forth in the Appraisal . The most recent written offer for the fair market value of the Subject Property Interests was mailed to the owners of record of the Property on May 28, 2025, pursuant to Government Code 7267.2; and WHEREAS, pursuant to Code of Civil Procedure section 1245.235, the City sent a letter and notice by first-class mail dated August 27, 2025, to the record owners of the Subject Property Interests advising the Record Owners, Kirit Chunibhai Patel and Gita Kirit Patel, Trustees of the Kirit Chunibhai Patel and Gita Kirit Patel 1992 Revocable Trust (“Record Owners”), regarding the City’s intent to consider at its September 16, 2025, meeting, the adoption of a Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interests in connection with the Project. NOW, THEREFORE, BE IT RESOLVED, by at least a two-thirds vote of the City Council of the City of San Luis Obispo under Code of Civil Procedure sections 1240.030, 1240.040, 1245.220, 1245.230, and 1245.240, that the City does hereby find and determine as follows: SECTION 1. Incorporation of Findings and Recitals. The City Council hereby specifically finds that all of the facts set forth in the above recitals of this Resolution are true and correct, are incorporated into this Resolution by this reference and constitute a material part of this Resolution. SECTION 2. Compliance with California Code of Civil Procedure. The City has complied with the notice requirements of Code of Civil Procedure section 1245.235. SECTION 3. Compliance with the California Environmental Quality Act. The environmental effects of the Project and the acquisition of the Subject Property Interests needed for the Project were studied and analyzed as an integral part of the City’s analysis under the California Environmental Quality Act (Public Resources Code sections 21000 et seq.) (CEQA). Specifically, the City determined that the Project was Categorically Exempt pursuant to CEQA Guidelines Section 15301 (Class 1 Exemption – Existing Facilities). A Notice of Exemption (NOE) was duly filed for the Project with th e San Luis Obispo County Clerk’s Office on June 2, 2019, in accordance with Public Resources Code section 21152. No substantial changes to the Project designs have been made since 2019 such that revisions to the previously approved NOE would be required. The categorical exemption and NOE are referred to below collectively as the “Environmental Documents”. Docusign Envelope ID: 3D0DFF20-EC75-4026-9FB4-ECFF967545F7 Resolution No. 11596 (2025 Series) Page 4 R 11596 The environmental effects of the acquisition of the real property interests needed for the Project were studied and analyzed as an integral part of the Environmental Documents for the Project. On July 28, 2025, City Staff reviewed the Environmental Documents in connection with the City’s review of the proposed acquisition of the Subject Property Interests and determined that the Project and acquisition of the Subject Property Interest are consistent with the findings in the Environmental Documents. Pursuant to the criteria of section 15162 of the CEQA Guidelines and section 21166 of the Public Resources Code, City Staff concluded that no substantial changes have occurred in the Project, no substantial changes have occurred in the circumstances under with the Project is undertaken and the City has not obtained any new i nformation of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests for the Project. SECTION 4. Adoption of Resolution of Necessity. The City Council hereby adopts Resolution No. 11596, A Resolution of the City Council of the City of San Luis Obispo, California, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the California & Taft Roundabout Project (Certain Real Property Interests on APN 001-043-027) (“Resolution of Necessity”). The City hereby adopts the Resolution of Necessity authorizing the acquisition by eminent domain of the Subject Property Interests d escribed more particularly in Section 5 below for public use, namely for the construction of public street, sidewalk, public utilities, drainage, related improvements, and all uses necessary or convenient thereto in connection with the Project pursuant to the authority conferred upon the City to acquire property by eminent domain by California Constitution, Article 1, section 19, California Government Code sections 37350, 37350.5, 37351, and 40404, and California Code of Civil Procedure section 1230.010 et seq. (Eminent Domain Law), including but not limited to sections 1240.010 through 1240.050, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650, and by other provisions of law. SECTION 5. Description of Subject Property Interests. The City Council hereby authorizes the acquisition by eminent domain of the following Subject Property Interest on the Property, which is located at 578 California Boulevard, San Luis Obispo, California, and is identified as County of San Luis Obispo Tax Assessor’s Parcel Number 001-043-027: (a) An approximate 2,182 square foot portion of the Property in fee for public street/right-of-way purposes, public utilities, drainage, and all uses necessary or convenient in connection with the Project described more particularly on EXHIBIT “A” and depicted on EXHIBIT “B” attached hereto and incorporated herein by this reference; (b) An approximate 763 square foot temporary construction easement (TCE) on the Property for a term of 18 months to facilitate the construction of the Project described more particularly on EXHIBIT “C” and depicted on EXHIBIT “D” attached hereto and incorporated herein by this reference; and Docusign Envelope ID: 3D0DFF20-EC75-4026-9FB4-ECFF967545F7 Resolution No. 11596 (2025 Series) Page 5 R 11596 (c) An approximate 1,614 square foot temporary non -exclusive access easement on the Property for a term of 18 months for ingress and egress and to complete driveway tie-in work and conform driveway to adjacent public street improvements described more particularly on EXHIBIT “E” and depicted on EXHIBIT “F” attached hereto and incorporated herein by this reference. SECTION 6. The Public Interest and Necessity Require the Project. The Project, as planned and designed, is in the public interest and necessity. The Project is consistent with the Circulation Element of the General Plan. It is intended to alleviate congestion, improve safety for vehicles, bicyclists and pedestrians, increase capacity and improve traffic flow operation at the intersection of California Boulevard and Taft Street. As described above, the intersection of California Boulevard and Taft Street currently operates deficiently per the City’s adopted performance thresholds and has a documented history of collisions and traffic safety concerns. Installation of a roundabout at this intersection is recommended in the City’s adopted General Plan Circulation Element, Active Transportation Plan, and multiple safety plans. The Project, which will improve traffic operations, pedestrian and bicycle access, and improve safety for all road users, is in the public interest and necessity. The intersection of California Boulevard and Taft Street is identified in the City’s General Plan Circulation Element and California Polytechnic University (Cal Poly) Housing South Environmental Impact Report (EIR) as operating with levels of traffic congestion and vehicle delay that exceed the City’s adopted performance thresholds. In addition, this intersection has been identified as a high collision -rate intersection in the City’s previous Traffic Safety Reports and recent 2025 Draft Vision Zero Action Plan. The City’s 2021 Active Transportation Plan (ATP) also recommends modifications to this intersection to improve bicycle and pedestrian crossings —the need for which has increased with the recent extension of the Railroad Safety Trail along California Boulevard between Taft and Pepper Streets roundabout has been proposed as the preferred intersection design for the Project not only because this is consistent with the City’s adopted plans and policies, but because a roundabout is expected to provide superi or benefit to the traveling public in terms of traffic operations, lower greenhouse gas emissions, and improved safety compared to other potential intersection -control alternatives. The Project is in the public interest and necessity because it seeks to improve safety and traffic circulation at the intersection of California Boulevard and Taft Street by constructing a roundabout and related improvements consistent FHWA’s recommendations for such intersections. As noted above, roundabouts are shown to promote lower traffic speeds, reduce intersection conflict points, improve traffic operations, reducing congestion, delays and vehicle emissions, and reduce severity of collisions and improve safety. Based on analysis of these alternatives, an all -way stop configuration would result in deficient traffic operations and a traffic signal would operate less efficiently than a roundabout and provide less safety benefit. Docusign Envelope ID: 3D0DFF20-EC75-4026-9FB4-ECFF967545F7 Resolution No. 11596 (2025 Series) Page 6 R 11596 Reconstruction of this intersection as a single lane urban roundabout, as planned and designed, will help improve both traffic operations, pedestrian/bicycle crossings, and safety for all road users. The City’s General Plan Circulation Element and City Engineering Standards also include policies that prioritize roundabouts as the preferred form of intersection control for intersections that may otherwise be considered for signalization or all-way stop control. SECTION 7. The Project is Planned and Located in the Manner that is Most Compatible with the Greatest Good and the Least Private Injury. The Project is planned and located in the manner that is most compatible with the greatest public good and the least private injury. The Project is planned and designed to construct necessary public street, sidewalk, public utility, drainage, and related improvements to alleviate congestion, improve safety and traffic circulation at the consistent with the Circulation Element of the General Plan. The Project is intended to alleviate congestion, improve safety for vehicles, bicyclists and pedestrians, increase capacity and improve traffic flow operation at the intersection of California Boulevard and Taft Street. The intersection of California Boulevard and Taft Street is identified in the City’s General Plan Circulation Element and California Polytechnic University (Cal Poly) Housing South Environmental Impact Report (EIR) as operating with levels of traffic congestion and vehicle delay that exceed the City’s adopted performance thresholds. In addition, this intersection has been identified as a high collision -rate intersection in the City’s previous Traffic Safety Reports and recent 2025 Draft Vision Zero Action Plan. The City’s 2021 Active Transportation Plan (ATP) also recommends modifications to this intersection to improve bicycle and pedestrian crossings —the need for which has increased with the recent extension of the Railroad Safety Trail along California Boulevard between Taft and Pepper Streets. Reconstruction of this intersection as a single lane urban roundabout, as planned and designed, will help improve both traffic operations, pedestrian/bicycle crossings, and safety for all road users. The City’s General Plan Circulation Element and City Engineering Standards also include policies that prioritize roundabouts as the preferred form of intersection control for intersections that may otherwise be considered for signalization or all-way stop control. In guiding the Project’s design, City staff and engineering design consultants evaluated a variety of design alternatives. For example, the City considered shifting the alignment of the proposed roundabout to the west to avoid impacts to private properties on the east side of the California and Taft intersection; however, this would encroach into the existing Railroad Safety Trail pedestrian/bicycle path and private property owned by Union Pacific Railroad (UPRR). UPRR is not supportive of permanent encroachment into this right-of-way due to proximity to the adjacent active rail corridor and safety concerns. Further, the City evaluated the potential to reduce the size of the proposed roundabout to minimize property impacts; however, the roundabout footprint could not be reduced further while still complying with applicable engineering design standards for safety and functionality. Docusign Envelope ID: 3D0DFF20-EC75-4026-9FB4-ECFF967545F7 Resolution No. 11596 (2025 Series) Page 7 R 11596 The City also evaluated alternative intersection design strategies other than a roundabout, including all-way stop control and installation of a traffic signal. However, these alternatives would not provide acceptable traffic operations and/or safety benef its to the public commensurate with the proposed Project, nor would these alternatives provide consistency with the City’s adopted circulation and safety plans and policies. The Project, as currently proposed, offers the greatest public benefit with the least private detriment. The Project, as planned and located, is also planned and designed to minimize the impact on private parcels. The Subject Property Interests consist of (i) an approximate 2,182 square foot portion of the Property in fee for public street/right-of-way purposes; (ii) an approximate 763 square foot TCE on the Property for a term of 18 months to facilitate the construction of the Project; and (iii) an approximate 1,614 square foot temporary non - exclusive access easement on the Property for a term of 18 months for ingress and egress and to complete driveway tie-in work and conform driveway to adjacent public street improvements. The construction of the Project and acquisition of the Subject Property Interests do not require the relocation of any person or business from the Property. SECTION 8. The Subject Property Interests Described in the Resolution of Necessity are Necessary for the Project. The City cannot construct the Project, as planned and designed, without the acquisition of the Subject Property Interests. SECTION 9. Offer Pursuant to Government Code Section 7627.2. Pursuant to Government Code section 7260, et seq., the City obtained fair market value appraisals of the Subject Property Interests and the Property of which they are a part. The City set just compensation for the Subject Property Interests in accordance with the fair market values. The City extended written offers pursuant to Government Code section 7267.2. The City retained Hamner Jewell and Associate as its professional right -of- way/acquisition consultant to assist the City with the City’s good faith negotiations for the acquisition of the Subject Property Interests. The City has been attempting to negotiate with the Record Owners of the Property since 2017. After obtaining independent appraisals of fair market value of the Subject Property Interests, formal written offers were extended consistent with Government Code section 7267.2 to the Record Owners. Updated appraisals and written offers were extended in 2018, 2019, 2023, 2024 and May 28, 2025. The most recent offer dated May 28, 2025, was based on an April 17, 2025, date of value. The May 28, 2025, offer letter contained an appraisal summary statement that described the zoning, highest and best use of the Property, explained the appraiser’s valuation methodology, and included the comparable sales data relied on by the appraiser. The offer letter offered to pay the reasonable costs, up to $5,000, of an independent appraisal pursuant to Code of Civil Procedure section 1263.025. Further, the offer letter included an eminent domain pamphlet explaining the eminent domain process and the rights of the Record Owners. Docusign Envelope ID: 3D0DFF20-EC75-4026-9FB4-ECFF967545F7 Resolution No. 11596 (2025 Series) Page 8 R 11596 SECTION 10. Compliance with Notice Requirements Under California Code of Civil Procedure. The City has complied with the notice requirements of Code of Civil Procedure section 1245.235. Pursuant to Code of Civil Procedure section 1245.235, the City sent a letter and notice by first-class mail dated August 27, 2025 to the record owners of the Subject Property Interests advising the Record Owners, Kirit Chunibhai Patel and Gita Kirit Patel, Trustees of the Kirit Chunibhai Patel and Gita Kirit Patel 1992 Revocable Trust (“Record Owners”), regarding the City’s intent to consider at its September 16, 2025, meeting, the adoption of a Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interests in connection with the Project. The notice advised the Record Owners, as shown on the last San Luis Obispo County Assessment Roll, of their right to appear and be heard regarding the City’s proposed adoption of the Resolution of Necessity by filing, within fifteen (15) days of the date the notice was mailed, a written request with the City to appear at the hearing. The notice specifically informed the Record Owners of the Subject Property Interests that the Record Owners have an opportunity to appear before the City Council and raise questions about whether the public interest and necessity require the Project; whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and whether the Subject Property Interests the City seeks to acquire from the owner of record are necessary for the Project. SECTION 11. Findings. Based on the evidence presented at the hearing on September 16, 2025, regarding the acquisition of the Subject Property Interests for the Project, including the Agenda Report, the documents referenced therein, and any oral or written testimony at the hearing, the City Council hereby finds and determines that: (a) The public interest and necessity require the Project; (b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; (c) The Subject Property Interests described more particularly in Section 5 above and in EXHIBIT “A”, EXHIBIT “B”, EXHIBIT “C”, EXHIBIT “D”, EXHIBIT “E” and EXHIBIT “F” attached hereto, are necessary for the Project; and (d) The offer of just compensation required by Section 7267.2 of the Government Code has been made to the property owner(s) of record. Docusign Envelope ID: 3D0DFF20-EC75-4026-9FB4-ECFF967545F7 Resolution No. 11596 (2025 Series) Page 9 R 11596 SECTION 12. Existing Public Uses. To the extent that the Project will impact interests of easement holders in the area of the Subject Property Interests, the public use for which the City seeks to acquire the Subject Property Interests, namely for public street, public utilities, drainage improvements, and all uses necessary or convenient thereto in connection with the Project is a joint and compatible use and will not unreasonably interfere with or impair the continuance of the public use to which any easement holder s may have appropriated the Subject Property Interests (Code of Civil Procedure section 1240.510). To the extent that the Project will require the relocation of the interests/facilities of easement holders located in the area of the Subject Property Interests and impacted by the Project, the City’s use of the Subject Property Interests for the Project is for a more necessary public use within the mean ing of Code of Civil Procedure section 1240.650 than the uses to which said public utility easement holders have appropriated any easements located in the area of the Subject Property Interests. Accordingly, the City is authorized to acquire the Subject Property Interests pursuant to Code of Civil Procedure sections 1240.510, 1240.610, and 1240.650. SECTION 13. Incorporation of Agenda Report and Documents Referenced Therein. The findings and declarations contained in this Resolution are based upon the record before the City Council, including the Agenda Report, and all documents referenced therein, all of which are incorporated herein by this reference and testimony and/or comments submitted to the City by the Record Owners or their representative(s). These documents include but are not limited to the City of San Luis Obispo’s General Plan, Circulation Element, the Environmental Documents in connection with the Project, most recent offer letter sent to the Record Owners pursuant to Government Code section 7267.2, and notice pursuant to Code of Civil Procedure section 1245.235. SECTION 14. Authorization to File Eminent Domain Proceeding . The City Attorney’s Office and the City’s acquisition counsel are authorized to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire the Subject Property Interests described more particularly in Section 5 above and in EXHIBIT “A”, EXHIBIT “B”, EXHIBIT “C”, EXHIBIT “D”, EXHIBIT “E” and EXHIBIT “F” attached hereto. SECTION 15. City Manager Authority. The City Manager is authorized to execute all necessary documents in connection with the eminent domain proceeding. SECTION 16. Certification. The City Clerk shall certify the adoption of this Resolution. Docusign Envelope ID: 3D0DFF20-EC75-4026-9FB4-ECFF967545F7 Resolution No. 11596 (2025 Series) Page 10 R 11596 SECTION 17. Effective Date. This Resolution shall take effect upon adoption. Upon motion of Mayor Stewart, seconded by Council Member Francis, and on the following roll call vote: AYES: Council Member Boswell, Francis, Marx, Vice Mayor Shoresman, and Mayor Stewart NOES: None ABSENT: None The foregoing resolution was adopted this 16th day of September 2025. ___________________________ Mayor Erica A. Stewart ATTEST: ______________________ Teresa Purrington City Clerk APPROVED AS TO FORM: ______________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________ Teresa Purrington City Clerk Docusign Envelope ID: 3D0DFF20-EC75-4026-9FB4-ECFF967545F7 9/22/2025 | 7:52 AM PDT EXHIBIT “A” LEGAL DESCRIPTION OF FEE RIGHT-OF-WAY AREA Docusign Envelope ID: 3D0DFF20-EC75-4026-9FB4-ECFF967545F7 Docusign Envelope ID: 3D0DFF20-EC75-4026-9FB4-ECFF967545F7 Docusign Envelope ID: 3D0DFF20-EC75-4026-9FB4-ECFF967545F7 EXHIBIT “B” DEPICTION OF FEE RIGHT-OF-WAY AREA Docusign Envelope ID: 3D0DFF20-EC75-4026-9FB4-ECFF967545F7 Docusign Envelope ID: 3D0DFF20-EC75-4026-9FB4-ECFF967545F7 EXHIBIT “C” LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT Docusign Envelope ID: 3D0DFF20-EC75-4026-9FB4-ECFF967545F7 Docusign Envelope ID: 3D0DFF20-EC75-4026-9FB4-ECFF967545F7 Docusign Envelope ID: 3D0DFF20-EC75-4026-9FB4-ECFF967545F7 Docusign Envelope ID: 3D0DFF20-EC75-4026-9FB4-ECFF967545F7 EXHIBIT “D” DEPICTION OF TEMPORARY CONSTRUCTION EASEMENT Docusign Envelope ID: 3D0DFF20-EC75-4026-9FB4-ECFF967545F7 Docusign Envelope ID: 3D0DFF20-EC75-4026-9FB4-ECFF967545F7 EXHIBIT “E” LEGAL DESCRIPTION OF TEMPORARY NON-EXCLUSIVE ACCESS EASEMENT Docusign Envelope ID: 3D0DFF20-EC75-4026-9FB4-ECFF967545F7 Docusign Envelope ID: 3D0DFF20-EC75-4026-9FB4-ECFF967545F7 Docusign Envelope ID: 3D0DFF20-EC75-4026-9FB4-ECFF967545F7 Docusign Envelope ID: 3D0DFF20-EC75-4026-9FB4-ECFF967545F7 EXHIBIT “F” DEPICTION OF TEMPORARY NON-EXCLUSIVE ACCESS EASEMENT Docusign Envelope ID: 3D0DFF20-EC75-4026-9FB4-ECFF967545F7 Docusign Envelope ID: 3D0DFF20-EC75-4026-9FB4-ECFF967545F7 CERTIFICATION I, Teresa Purrington, City Clerk, do hereby certify under penalty of perjury the foregoing instrument to be a full, true, and correct copy of Resolution No. 11596 (2025 Series), adopted by the San Luis Obispo City Council on September 16, 2025, now on file in my office. WITNESS MY HAND AND THE SEAL OF THE CITY OF SAN LUIS OBISPO. DATED: September 17, 2025 Teresa Purrington City Clerk City of San Luis Obispo