The URL can be used to link to this page

Home My WebLink About08/16/1994, C-11 - COMMUNICATIONS SYSTEM ROAD AND PAD, SPECIFICATION NO. 93-40. I`Iry�ly��l�lll��l III MEETING DATE: A �= City Of San lUIs OBISpO August 16, 1994 ITEM min COUNCIL AGENDA REPORT NUMBER L FROM,: Michael D. McCluskey, Public Works Director Prepared by: Barbara Lynch, Engineering Assistan SUBJECT: Communications System Road and Pad, Specification No. 93-40. CAO RECOMMENDATION: By motion, 1) Approve the agreement between the City and John King etal, 2) Authorize the Mayor to execute the agreement, 3) Direct the City Clerk to record the agreement, 4) Approve specifications for "Communications System Road and Pad, Specification No. 93-40" , 5) Authorize staff to advertise for bids. DISCUSSION: In 1989, the City Council authorized the CAO to negotiate a contract with Motorola to provide radio communication for several of the City departments. At ' that time it was indicated to the Council that in addition to new equipment, it was expected work would need to be done in the future to correct other problems with the radio transmissions. After the initial installation of Motorola's equipment, problems arose which were not foreseen. The Fire Department has been in discussion with Motorola over the last year as to the best way to resolve the recent problems with the radio transmissions as well as those originally identified as long term problems. It was determined that a new site would be required. In August of 1993 the City entered into an agreement to lease a site about 250 feet from the existing location to construct new transmission facilities. This project will provide a graded roadway to the new site, install a concrete pad and provide power and phone service. It will also provide gates as part of the agreements with the property owners. This is a critical project necessary to resolve problems in our emergency communication system and meet commitments made with Motorola. CONCURRENCES: Community Development Department has given this project a categorical exemption. Community Development has waived ARC review provided the building is painted a blending shade to be approved by the City. A use permit for the project has been obtained. FISCAL IMPACT: The engineer's estimate for this project is $ 60, 000 including 10 percent contingencies. city of San tins OBISpo Nii% COUNCIL AGENDA REPORT After paying for the new radio transmission equipment, there remains $41,000 in the project account to support this portion of the project. The project has become more expensive than originally expected. Additional items of work were negotiated between the City and Motorola since the development of the CIP. The approximately $ 20, 000 in additional funds required .to complete the project will be taken from the unappropriated funds of the general fund balance. The exact amount of the appropriation will be requested at the time of bid award. ATTACK UMTS: Easement Agreement Project Location Map Specifications are available in the Council office for review. sunnn\9340adw C'// Recording requested by: City of San Luis Obispo When recorded mail to: City Clerk City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403-8100 APN 076-331-0015 GRANT OF ACCESS EASEMENT AND EASEMENT AGREEMENT THIS AGREEMENT made this day of , 1994, by and between JOHN E KING, CAROLE D KING, J EDMUND SMITH, BEVERLY ELDER SMITH, CLIFF BRANCH, RANDI BRANCH, CHRISTOPHER A HELENIUS, and LYNN HELENIUS, hereinafter referred to as "Grantors"; and the CITY OF SAN LUIS OBISPO, a chartered municipal corporation of the State of California, hereinafter referred to as "City". WHEREAS, the Grantors are the owners of that certain real property located in the County of San Luis Obispo, State of California, in Section 2, Township 31 South, Range 12 East, Mount Diablo Base and Meridian, as shown on page 2 of 3 as "NOT A PART" of the Map for Tract 1150 filed in Book 13 of MAPS at page 48 in the Office of the County Recorder; and WHEREAS, City desires to acquire access easement rights over "NOT A PART" for vehicular access to construct and maintain a new City communication transmission site on property lying westerly of the Grantors property; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: The Grantors hereby grant to City a permanent access easement over the Grantors property, located within Section 2, Township 31 South, Range 12 East, Mount Diablo Base and Meridian, from the current access point at Calle Jazmin to the adjacent property on which the transmission site is to be located. The easement shall be as generally depicted on the attached map marked Exhibit A and described on Exhibit B to provide for all weather access for two wheel drive vehicle and be approximately 20 feet wide. SUBJECT TO THE FOLLOWING COVENANTS, TERMS, AND CONDITIONS: 1. Construction. The City shall have the right to do minor grading, install minor drainage facilities and place base materials on the access easement for the purpose of improving the access road surface. iii-3 The City shall conduct its activities in such a manner as to protect the Grantors property, including structures and improvements. 2. Right to Revise Access Easement. Both parties agree to allow the other party to revise, shorten, or lengthen the access easement, or revise the point of connection to the public road system providing that the purpose for which the access easement was established can continue to be met. and that no costs are incurred by the party not requesting the change. Changes envisioned by this statement relate to those which would result should the property be developed and a roadway system established which would supersede some or all of the herein described access easement. 3. Right of Entry. The City and its agents shall have constant access to the access easement for construction and maintenance of the road and/or to travel to the transmission site. The City shall be responsible to provide and maintain an additional lock at each end of the access easement. 4. Maintenance. The City is responsible for maintaining the access road surface neglecting only those portions which are replaced with public or private improved roads if development occurs. All maintenance of the access road shall be at the sole cost and expense of the City. 5. Indemnification. The City shall indemnify and hold the Grantors free and harmless from any and all claims, demands and liability whatsoever arising on account of or as a result of the design, construction, or maintenance of the improvements or easement by the City or its agents, employees, or contractors. 6: Binding Effect. This agreement shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and assigns of the parties hereto. • IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year written above. GRANT it :► JOHN Fr G latj"' C LE D. KllfG DeAe JWVI�2 J. SMITH 'Datd DER SMITH Date Yj� CLIFF BRANCH 6ate RANDI BRANCH D to ga -MVI � 9S� -4q16j1q y CHRIS PHER A. HELENIUS Date LYNk HELENIUS Date CITY: MAYOR Date ATTEST: Approved As to Form: CITY CLERK C TO E Witness g:memomise\9340ease STATE OF CALIFORNIA y COUNTY OFq §jn I ; h�.�a� On this theme day ofc h 19 ,before me. W the undersigned Notary Public.personally appeared C E (as personally known to me [Za proved to me an the basis of satisfactory evidence Z to be the persons)whose e(s) subscribed to the within msbument and UJ IS aduwxAedged to me that executed the same in [ttuthorized CATHY B.HUDAK capadry(ies)and that by 1)~signatures)on the instrument the person(s).or w NOTARY PUBLIC SAN LUIS OBISPO COUNTY J the entity upon behalf of vvhtdt the persan(s)acte&executed the instrument CALIFORNIA My Commission Exares on June 7,1994 WITNESS my hand and official seat. r- m O W fn Notary's Signatur FOR NOTARY SEAL OR STAMP CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Na.s,sa State ofOPTIONAL SECTION ffffffffffra �\ CAPACITY CLAIMED BY SIGNER County of Ct"kk45 ��,v Though statute does not require the Notary to fill in the data below,doing so may prove 31b �� ( � invaluable to persons relying on the document On DATE efore me, NAME,TITLE OF OFFICER-E.G..-JANE DOE.NOTARY PUBLIC AS.,1NDIVIDUAL ❑CORPORATE OFFICER(S) personally appeared - mm^t:n' S 6c% ER ) `+ E^ 5M' TITLE(S) rsonally known to me-OR-❑ PARTNER(S)proved to me on the basis of satisfactory evidence ❑ ❑ LIMITED to be the person(s) whose name(s) is/are [:] GENERAL subscribed to the within instrument and ac- ❑AT-roRNEY-IN-FACT knowledged to me that he/she/they executed ❑TRUSTEE(S) the same in his/her/their authorized ❑GUARDIAWCONSERVATOR LBMMARAOem capacity(ies), and that by his/her/their F]OTHER: ,. C� #101762 signature(s) on the instrument the person(s), Z NotayPfhk—Cdnbrrft - or the entity upon behalf of which the SAN UJISOO Po�r person(s) acted, executed the instrument. comm.Ex aOCT 17.1997 SIGNER IS REPRESENTING: WITNESS my and n O I lal Seal. NAME OF PERSONS)OR ENTITY(IES) SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENTGO-+IYT—oi lkeg--:nS THE DOCUMENT DESCRIBED AT RIGHT: J� NUMBER OF PAGES DATE OF DOCUMENT 1�r17 �'r � Though It1e data requested here is not required by law, It could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE t 4.6,- SSSBEESSSSSSSSSSSSSSSsssssssssssssassssssssSSSSBE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Bax 7184-Canoga Park,CA 91309.7184 42-11-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 State of CkAj•g�kAC OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER County Of �^" w t�0%Is Though statute does not require the Notary to fill in the data below,doing so may prove 0 - j invaluable to persons relying on the document �n before me, OF - —�' U(INDIVIDUAL UA NA1AE,TITLE OF OFFICER•E.G.,'JANE DOE,NOTARY PUBUC ,�� `1� ❑CORPORATE OFFICER(S) personally appeared �^7 fes/+-+ PT^ NAME(S)OF SIGNER(S) TITLE(S) ersonally known to me-OR-❑ proved to me on the basis of satisfactory evidence ❑ PARTNER(S) ❑ LIMITED to be the person(s) whose name(s) is/are ❑ GENERAL subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT knowledged to me that he/she/they executed ❑TRUSTEE(S) the same in his/her/their authorized ❑GUARDIAN/CONSERVATOR tmILMARRO E capacity(ies), and that by his/her/their oyCMM&1017 OTHER: signature(s) on the instrument the person(s), ❑ SANt1A4091POCOUN" or the entity upon behalf of which the Comm=Ocr 17 Im person(s) acted, execute#the instrument. SIGNER IS REPRESENTING: WITN ESS y ha n IClal Seal. NAME OF PERSON(S)OR ENTITY(IES) SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT&IALT Orr Aza-MS 4'� THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT 1 ryOPFA�� Though the data requested here is not required by law. C*65 it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE ft i- VIA- It_* 4. &jaI Aa*'44- 01993 NATIONAL NOTARY ASSOCIATION-6236 Remmet Ave.,P.O.Box 7164•Canooa Park CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 State of � OPTIONAL SECTION n1' . ` �7 o CAPACITY CLAIMED BY SIGNER Cou Of O" `� Though statute does not require the Notary to MY 5W fill in the data below. doing so may prove invaluable to persons retying on the document. On L before me, � � R - ° INDIVIDUAL OA NAME,TITLE OF OFFICER-E.M.*JANE DOE NOTARY PUBLIC �/�1'0.�ST0 P ,!fL Q kL�1� [:]CORPORATE OFFICER(S) personally appeared NAMES)OF SIGNERS) rrrLE(s) orally known to me-OR-❑ proved to me on the basis of satisfactory evidence ❑ ❑PARTNER(S) LIMITED to be the person(s) whose name(s) is/are ❑ GENERAL subscribed to the within instrument and ac- ❑ATTORNEY-IPt-FACT knowledged to me that he/she/they executed ❑TRUSTEE(S) the same in his/her/their authorized ❑GUARDIAN/CONSERVATOR LBP_MARROPE capacity(ies), and that by his/her/their ❑OTHER: < COWL#1017629 �_ signature(s) on the instrument the person(s), Z91%COMM.=OCr1gii1_ � � �°M0 SAN LulsOffiPo couNn Notary AMC or the entity upon behalf of which the person(s) acted,executed the instrument. SIGNER IS REPRESENTING: WITNESS myand nd a NAME OF PERSON'S)OR ENTITY(IES) SIGNATURE OF NOTARY OPTIONAL SECTI N EDOCUMENT TE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMEN � r 1 / DESCRIBED AT RIGHT: �_ DA OF DOCUMENT U � 7/ NUMBER OF PAGES uested here is not required by Law,dulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE �-'FE ��"�� t 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park.CA 91309-7184 CALIFORNIA ALL-PURPOSE A MOWLEDGMENT No.5193 State of ��r�7 OPTIONAL SECTION- fs� -ILS bB1520 CAPACITY CLAIMED BY SIGNER County o64*%� Though statute does not rewire me Notary ro fill in the data below. doing so may prov On U 61,4' before me, invaluable to persons relying on the document DAT NAME.TITLE OF OFFICER•E.G..'JANE DOE.NOTARY PUBLIC' QMINDIVIDUAL personally appeared �J�i,r �n r/^a ❑CORPORATE OFFICER(S) Tyr lu'5��+� r� NAME(S)OF SIGNER(S) TITLE(S) personally known to me-OR-❑ proved to me on the basis of satisfactory evidence ❑PARTNER(S) [] LIMITED to be the person(s) whose name(s) is/are [:] GENERAL subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT knowledged to me that he/she/they executed ❑TRUSTEE(S) LM LVAIME the same in his/her/their authorized GUARDIAN/CONSERVATOR COW#1017623 capacity(ies), and that by his/her/their 13 OTHER: Z �+'�— — signature(s) on the instrument the person(s), SANIt1�Ol1t�000UNn Commor the entit up on behalf of which the .6 Ire OCT 17 Y person(s) acted, execut h instrument SIGNER IS REPRESENTING: WITNESS my and d al Seal. NAME OF PERSON(S)OR ENTITY(IES) SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT N_4r _O' THE DOCUMENT DESCRIBED AT RIGHT: . NUMBER OF PAGES�\I C5i DATE OF DOCUMENT_�J✓ � Through the data requested here is not required by law, CW4 lh 1v.1.� L � N it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE R"I+tea' 1-C9A1--,D>AITW r lky SMWI l 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7186•Canoga Park.CA 91309-,,84 SUBSCRIBINGWITNESSS�CERTIFICATE (-WITNESS JURAT-) No.5195 ------------ State Of �1 I��+`J1 C '1 On this the�1 day of n —19 1199��,�b/e�fore me,the undersigned County of ;kl W 1� 0p)JQV }SS Notary Public,personally appeared`U; 22 +f%AA (name of subscribing witness), arsonally known to me proved to me on the oath/affirmation of (name of credible witness who identifies subscribing witness),a Credible witness whom I know personally. to be the person whose name is subscribed to th withi instrument as a witness thereto,who,being U3 R MARRONE � COMM.t 1017628 �� u�'�0�^,�os�s and saysrtiltatIF I (he/she)was present and saw z Notary PubAC— �L �/�'o—"/�� (name of principal signer not appearing before SAN LUIS OBtSPO COUMY Comm. Ues OCT 17 19�i Notary),the same person described in and whose name is subscribed to the within�dGannexed in- strument as a party thereto,execute the same,and that saida t subscribed J�1L(his/per) 46 name to the within instrument i ss at the request of (name of principal signer again) (Notary's signature) ATTENTION NOTARY:Altlot the ii 01 lmth requested below is OPTIO,N�AL•it Codd prevent fraudulent attachment of this certificate to theirdo THIS CERTIFICATE Title or Type of Document S'►�� A�`75 �6E'✓1''f t(2 MUST BE ATTACHED VI Number of Pages Datepf Docum,gnt TO THE DOCUMENT CJt�FPAS {�Y►-u rtG-ft).r W S 3orI0 r, DESCRIBED AT RIGHT: Sigrler(s)Other Than Named Above %MAw*,en fito�etw i M r rv� L��IJ --------- -- - - 01992 NATIONAL NOTARY ASSOCIATION•BMB Rmmnst Ave•Canoga Pak,CA 91309-7184 Lo 14 14 CL LO im W Lid �, ci,.,.II,• �\ Li. V) LAJ r O L46 r \�;��` �, � -_ � _.. d 111 .I•' D r r m LUPITA m � D D N Z ' 1 C�l FOR GRANT OF ACCESS EASEMENT BETWEEN JOHN RING ETAL AND CITY OF SAN LUIS OBISPO For property located in the County of San Luis Obispo, State of California, in Section 2, Township 31 South, Range 12 East, Mount Diablo Base and Meridian Access Easement shall fall on either side of the below described centerline of the easement: Beginning at the point 18 feet easterly from the westerly most right of way line of the northern most end of the City of San Luis Obispo city street Calle Jazmin as shown on the Tract Map for Tract 400 filed in Book 8 of MAPS on page 2 in the Office of the County Recorder; thence 118.8 feet N 20 45' W; thence 291.4 feet N 90 14' E; thence 90.6 feet N 250 29' E; thence 173.2 feet N 410 26' E; thence 102. 6 feet S 890 49' E; thence 91.5 feet S 640 34' E; thence 169 .8 feet S 540 21' E; thence 63 .5 feet N 300 39' W; thence 111.7 feet N 10 58' W; thence 146.6 feet N 70 45' W; thence 78. 5 feet N 60 421 E; thence 75.6 feet N 260 0' W; thence 149. 1 feet N 610 50' W; thence 106.8 feet N 390 031 W; thence 114.8 feet N 170 411 W; thence 73.8 feet N 390 49' W; thence 135.5 feet N 280 03' W; thence 434. 1 feet N 390 12' W; thence 91.7 feet N 350 20' W; thence 81.4 feet N 740 44' W; thence 133.4 feet N 790 29' W; thence 381. 6 feet N 650 29' W; thence 47.7 feet plus or minus N 740 29' W to the easterly property line of Tract 744 at a point lying 622 feet south, plus or minus, from the northeasterly most corner of Tract 744 as shown on the Tract Map for Tract 744 filed in Book 10 of MAPS on page 35 in the Office of the County Recorder. EXHIBIT B L Q I r O F ; O � 2 i W LLI ino av) N Z - W � W ~ OZ / J 75) Q Q N CL Z- Ninzvr o J . . UI O Z U • o SlIWll kilO