HomeMy WebLinkAbout01/03/1995, C-2 - REQUEST FOR EASEMENTS FROM THE STATE DEPARTMENT OF WATER RESOURCES NECESSARY FOR THE COASTAL BRANCH OF THE STATE WATER PROJECT�m MEETNG DATE:
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1995
U
COUNCIL AGENDA REPORT ITEM NUMBER:C- a
FROM: John Mo Prepared By: Gary W. Henderson6Wu
Utilities erector Water Division Manager
SUBJECT: Request for Easements from the State Department of Water Resources Necessary
for the Coastal Branch of the State Water Project
CAO RECOMMENDATION:
Adopt resolutions granting:
1. A permanent pipeline and access road easement and a temporary construction
easement on City property -located on Fox Hollow Road near the base of Cuesta
Grade (Police Firing Range).
2. A permanent access road easement using an existing roadway which crosses City
property located on Stenner Creek Road.
DISCUSSION:
The State Department of Water Resources (DWR) has requested easements from the City of San
Luis Obispo for two separate City owned properties. The easements are necessary for the
construction and maintenance of the Coastal Branch of the State Water Project pipeline which
will pass through the County. The final environmental impact report (FEIR) for the project was
certified and distributed to the public in May 1991. Since that time, DWR has finalized the
design of four of the six construction reaches. Addenda to the FEIR were prepared and
distributed for these reaches documenting the environmental analysis of the minor changes.
The fifth reach of the Coastal Branch begins at the south portal of the Cuesta Tunnel and
terminates at Nipomo. During design of this reach, the pipeline alignment was modified due
to design problems and environmental concerns. The preferred alignment for the pipeline is now
proposed to cross Highway 101 near the Police Firing Range at the base of Cuesta Grade and
cross a small portion of the City owned property.
The change in alignment was necessary due to several concerns. The original alignment in the
FEIR planned to utilize a cattle undercrossing approximately 1.5 miles north of San Luis Obispo.
After publication of the FEIR, DWR continued further evaluation of the feasibility of the
Highway 101 crossing design and potential construction impacts to San Luis Obispo Creek. The
following major problems were identified which necessitate the alignment change:
■ DWR discovered that the underground cattle crossing functioned as a storm drain
for Highway 101. Caltrans concluded. that use of the drain would create a
flooding danger and refused to grant an easement.
■ The alignment of the pipeline following the crossing of Highway 101 would have
paralleled San Luis Obispo Creek and would require removal of several large
������� ►� ►►►�IIIIIII�p Il�Ill city of San 1 S OBISpo
COUNCIL AGENDA REART
State Water Project Easements
Page 2
sycamore trees. In addition, California Department of Fish and Game forced
reevaluation of the alignment based on potential impacts to the creek.
Pipeline and Temporary Construction Easement
The permanent pipeline and access road easement and temporary construction easement (Exhibit
A) are located outside the area used for the Police Firing Range and old water reservoir site.
The area is along a small drainage swale and is open space. The portion of the property in this
area is very narrow and use of this portion of the property in the future is unlikely. The pipeline
alignment will pass through an area of open grass land and will have minimal environmental
impacts. The pipeline will be underground and the site restored /revegetated following
construction.
Permanent Access Road Easement
The second easement (Exhibit B) requested by DWR involves an existing roadway. located across
City owned property on Stenner Creek Road above the City's water treatment plant. The
property is the site of Reservoir No. 2 (7.5 million gallons), the hydroelectric facility and the
old water treatment plant and residence. The roadway serves as access to the site as well as
access to properties located further up the canyon. Property owners located up the canyon
currently have permanent easements for ingress and egress along the roadway. Therefore,
granting the requested easement will have no impacts to the City.
Environmental Impacts
A supplement to the FEIR for the changes associated with Reach 5 was prepared by DWR. A
public hearing was held in San Luis Obispo on November 17, 1994 for the supplement. A copy
of the supplement is available in the Council reading file. The State certified the supplement
to the FEIR on December 23, 1994.
CONCURRENCE
The Community Development Department has reviewed the draft supplement to the FEIR for
the Coastal Branch and concurs with the findings. The Police Department concurs that the
granting of the easement will have no impact on their use of the firing range property.
FISCAL IMPACT
The Department of Water Resources has prepared an appraisal summary statement for the
easements and has offered $500 for each easement. DWR will pay all recording fees and other
related costs. associated with the easements. There are no other fiscal impacts relative to
granting the easements. �1_
����� ►��i�ulllllll ° j�Illll City Of san ' s OBI SPO
COUNCIL AGENDA REPORT
State Water Project Easements
Page 3
ALTERNATIVES
The Council could decline DWR's request for the necessary easements. This would require the
state to initiate condemnation proceedings to acquire the easements. This may delay the
acquisition of the easements but may increase staff time and related costs. Staff does not
recommend this alternative.
Attachments: 1. Vicinity Map for Easement Locations
2. Exhibit A: Permanent Pipeline Easement and Temporary Construction
Easement Located on Police Firing Range Property
3. Exhibit B: Permanent Ingress and Egress Easement on Property Located
on Stenner Creek Road
4. Resolution granting permanent pipeline and access road and temporary
construction easement at Police Firing Range
5. Resolution granting permanent access road easement 6on Stenner Creek
Road
6. Appraisal Summary Statement for Easement at Police Firing Range
7. Appraisal Summary Statement for Easement on Stenner Creek Road
S. Right of Way Contract for Easement at Police Firing Range
9. Right of Way Contract for Easement at Stenner Creek Road
10. Exclusive Easement form for Police Firing Range
11. Easement document for the Stenner Creek Road property
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0-01-5
17 VM eWGE
Access Road Easement
0.51 acre
Stenner Creek Road
/;End of County -me' ed road.
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EXHIBIT B
NORTH
Stenner Creek Road Property
e -a -(b
RESOLUTION NO. (1995 Series)
PERMANENT PIPELINE AND ACCESS ROAD EASEMENT
AND TEMPORARY CONSTRUCTION EASEMENT AT THE
POLICE FIRING RANGE FOR THE STATE WATER PROJECT
WHEREAS, the Department of Water Resources is constructing the Coastal Branch of
the State Water Project to delivery water to agencies in San Luis Obispo and Santa Barbara
Counties, and
WHEREAS, the pipeline alignment has been modified to minimize construction problems
and environmental impacts, and
WHEREAS, the Department of Water Resources has requested a permanent pipeline and
access road easement across a portion of City owned property currently used for the Police
Firing Range, and
WHEREAS, the Department of Water Resources has requested a temporary construction
easement adjacent to the requested permanent easement, and
WHEREAS, the Department of Water Resources has offered the City the sum of $500
for the easements based on an appraisal of the property, and
and
WHEREAS, the site will be restored and revegetated following construction activities,
WHEREAS, the City Council has reviewed and considered the supplement to the final
environmental impact report for the State Water Project which has been certified by the lead
agency for the project (Department of Water Resources), and
WHEREAS, the easements will not impact the City's existing uses at the property.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis
Obispo does hereby grant the requested easements, as more fully described in attachment A, and
authorizes the Mayor to execute the necessary documents relative to the easements.
0 -a-7
Resolution No. (1995 Series)
Upon motion of . seconded by
and on the following roll call vote:
AYES:
NOES:
i
the foregoing resolution was adopted this day of 1995.
Mayor Allen Settle
ATTEST:
Diane Gladwell, City Clerk
APPROVED:
0 -a -B
i
Attachment A
1. Construct, lay, operate, patrol, maintain, and from time to time at any
time reconstruct, modify, alter, enlarge, add to, relay, remove, and
replace one or more pipelines for transportation of water, with all
fixtures, communications, data, or control facilities, and any other
devices STATE may wish to construct or permit to be constructed, as well
as incidents and appurtenances used or useful in operation of said
pipeline, pipelines, and /or devices, and any other State water Project
uses necessary or useful.
2. STATE is further granted the right to discharge water into any and all
streams or natural channels traversed by said pipeline or pipelines and
the right of ingress to, egress from, and along the easement herein
granted, over and across drives and roadways which now exist or which
may hereafter be constructed and the use of which is reasonable to
accomplish STATE's purposes.
3. STATE is further granted the right to drill wells for a water supply
during construction of the State water Project. These wells may also be
used for revegetation and restoration of the construction area.
GRANTORS shall not, subsequent to this grant of easement, grant any
easements of any kind whatsoever to others over the- following described
parcel(s) without prior approval of STATE.
There is expressly reserved to GRANTORS, their successors or assigns,
the right to use and enjoy the parcel(s) provided that no use of said
parcel(s) shall be made that is inconsistent with the rights herein granted.
Inconsistent uses include, but are not limited to:
(1) The erection or construction of buildings or other structures;
(2) Construction of roadways, utility crossings, and surface
improvements not authorized by STATE;
(3) The drilling, exploring, operation of mines or wells in or
through the upper 300 feet of the subsurface;
(4) The use of explosives;
(5). Planting of trees or vineyards;
(5) Cross fencing without access gates or the denial of access
through gates;
(7) Altering the ground surface elevation by more than one foot
without authorization by STATE;
(8) Installation of solid property or field dividers;
(9) Encroachments of any kind not authorized by STATE;
Said parcel(s) described as follows:
DkR 554 -CP2H (1/13/94) Page 2
IN t S 1991
C -a -9
COA -430
All those portions of the Northeast quarter of Section 25, Township
30 South, Range 12 East, Mount Diablo Meridian, County of San Luis Obispo,
State of California, according to the Official Plat of the Survey of said
lands approved by the Surveyor General on November 30, 1867, described as
follows:
All those portions of that certain parcel of land as described in
Section VII of that certain deed to the City of San Luis Obispo, recorded
December 6, 1910, in Book 87 of Deeds, Page 191, records of said County,
described as follows:
UNIT A
A perpetual exclusive easement and right of way to construct, lay,
operate, maintain, and from time to time at any time reconstruct, modify,
alter, enlarge, add to, relay, remove, and replace one or more pipelines for
transportation of water, and all fixtures, devices, incidents and
appurtenances used or useful in operation of said pipeline or pipelines
together with an exclusive access and service road easement over, through,
under, and across that portion of said City of San Luis Obispo parcel bounded
and described as follows:
BEGINNING at a point lying in the Southeasterly line of said City of
San Luis Obispo parcel, from which a found 1 -1/2 -inch iron pipe with wood plug
and nail, accepted as marking the Northeast corner of said Section 25, bears
North 78" 31' 25" East 1410.29 feet distant. Said 1 -1/2 inch iron pipe bears
South 01" 46'_54" West 5342.5.0 feet from a found'3 -1.2 inch San Luis Obispo
County brass cap monument stamped "No. 60 R.C.E. 18800, accepted as marking
the Northeast corner of Section 24, Township 30 South, Range 13 East, Mount
Diablo Meridian.
TEENCE FROM SAID POINT OF.BEGINNING, along said Southeasterly line, South 340
08' 35" West 92.77 feet to a point hereinafter referred to as Point "A";
thence leaving said Southeasterly line, North 69" 53' S4" West 99.26 feet to
the Northwesterly line of said City of San Luis Obispo parcel;
thence along said Northwesterly line North 33" 23' 35" East 123.30 feet;
thence leaving said Northwesterly line South 69" 53' 54" East 100.93 feet to
the Southeasterly line of said City of San Luis Obispo parcel;
thence along said Southeasterly line South 34" 08' 35" West 30.93 feet to the
Point of Beginning.
Containing 0.28 acre, more or less.
UNIT B
A temporary exclusive easement and right of ray for the purpose of
moving and /or maneuvering construction equipment and vehicles; the temporary
storage of pipe, equipment, and materials necessary for laying a pipeline,
together with the equipment used in the digging of trenches and other
earthwork pertinent to said pipeline; the temporary storage of spoil or
excavated material during the period of the laying, relaying, installing, and
removing of said pipeline and related construction work, and any other
operations necessary and appurtenant to the construction of said pipeline,
over, through, and across that portion of said City of San Luis Obispo parcel
bounded and described as follows:
BEGINNING at the hereinabove designated Point "A";
thence along the Southeasterly line of said City of San Luis Obispo parcel
South 34" 061 35" West 123.70 feet;
thence leaving said Southeasterly line North 69" 53' 54" West 84.95 feet;
e�a -io
N 1 5 1994
thence North 20" 06' 06" East 53.53 feet to the Northwesterly line of said
i City of San Luis Obispo parcel;
thence along said Northwesterly line North 330 23' 35" East 68.29 feet to the
Southwesterly line of the hereinabove described UNIT A;
thence along said Southwesterly lire South 690 53' 54" East 99.26 feet to the
Point of Beginning.
Containing 0.26 acre, more or less.
Bearings and distances used in the above description are based on
the California Coordinate System, Zone V, 1927.
1 1 5 1994
4
a p �4
yU 9 Z
W,%I. . F
No. 5684
Exp. 9 -30-95
Of
0
C -;� -/ I
RESOLUTION NO. (1995 Series)
PERMANENT ACCESS ROAD EASEMENT AT CITY
PROPERTY LOCATED ON STENNER CREEK ROAD
FOR THE STATE WATER PROJECT
WHEREAS, the Department of Water Resources is constructing the Coastal Branch of
the State Water Project to delivery water to agencies in San Luis Obispo and Santa Barbara
Counties, and
WHEREAS, the Department of Water Resources needs access across City owned
property utilizing an existing road to construct and maintain the Coastal Branch of the State
Water Project pipeline, and
WHEREAS, the Department of Water Resources has requested a permanent access road
easement across a portion of City owned property which currently serves as an access road to
properties located in Stenner Canyon area, and
WHEREAS, the Department of Water Resources has offered the City the sum of $500
for the easement, and
WHEREAS, the site will be maintained and repaired, if necessary, during and upon
completion of construction work, and
WHEREAS, the City Council has reviewed and considered the supplement to the final
environmental impact report for the State Water Project which has been certified by the lead
agency for the project (Department of Water Resources), and
WHEREAS, the easements will not impact the City's existing uses at the property.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis
Obispo does hereby grant the requested easement, as more fully described in Attachment 1, and
authorizes the Mayor to execute the necessary documents relative to the easements.
Resolution No. (1995 Series)
Upon motion of . seconded by
and on the following roll call vote:
o
NOES:
the foregoing resolution was adopted this day of , 1995.
Mayor Allen Settle
►VOR
Diane Gladwell, City Clerk
APPROVED:
DWRiRIGHT OF WAY ID :916- 654 -07748 NOV 29'94 11:58 No.004 P.03
Attachment 1
COA-432
UNITS A and B
A perpetual nonexclusive easement and right of way to construct,
reconstruct, operate, maintain, and use an access and service road over,
through, and across those portions of an existing 40.00 foot Ingress and
Egress Easement described in PARCEL 3 of that certain deed recorded on January
3, 1984, in Volume 2554, Page 184, of the official Records of said County, the
centerline of which is shown and designated as CENTERLINE OF 40' WIDE ACCESS
ROAD on that certain Record of Survey, filed for record on January 29, 19800
in the Office of the County Recorder of San Luis Obispo, State of California,
in Book 37 of Licensed Surveys, Page 27, lying in PARCELS A and B, as shown on
said Record of Survey.
Containing an area of 0.51 acre, more or lose.
2
1994
�% Oct P. 49sj
No. 688Exp. 0 -30
OF
L2 -a -ML
STATE OF CALIFORNIA = DEPARTMENT OF WATER RESOURC THE RESOURCES AGENCY
Parcel No.: COA -430
Report No.: Original
Date: July 21, 1994
County: San Luis Obispo
Division: San Joaquin
Project: Coastal Branch,
APPRAISAL SUMMARY STATEMENT
Phase II, Reach 4
Owner: City of San Luis Obispo, A Body Corporate and Politic
Interest to be Acquired: Exclusive Pipeline and Access Road Easement
Temporary Exclusive Construction Easement
Property Location: Off Fox Hollow Road, Section 25, T.30S., R.12E.
Zone: Public Facility
Present Use: Public Facility
Best Use: Public Facility
Proposed Public Use: Water Pipeline
Area to be Acquired: 0.28 ± acre Exclusive Pipeline and Access Road Easement
0.26± acre Temporary Exclusive Construction Easement
Area of Remainder: 3.31 ± acres
Market Value of Required Property:
APN # 073 - 361 -004
COA -430
Unit A: Permanent Exclusive Pipeline and Access Road Easement
0.28± acre @ 51,700 /ac x 95% = $452.00
Unit B: Temporary Exclusive Construction Easement
0.26 ± acre @ $12 /ac /yr x 2.33 yrs = 7.00
Total $459.00
Rounded To $500.00
The market value of the property rights being purchased is based upon a market value
appraisal prepared in accordance with accepted appraisal procedures. Valuation of your
property is based upon an analysis of recent sales of similar property in this locality.
Valuation of the land recognizes all factors influencing its current value.
Damages to the Remaining Property Due to the State's Acquisition and
Construction are: -0-
Total Payment is: $ 500.00
This summary of the amount offered as compensation is presented in compliance with
federal and State law and has been derived from a formal appraisal. The value of any
property rights retained by the owner which are not now reflected in the appraisal must
be deducted from the market value shown above.
(2_ a -15
STATE OF CALIFORNIA +E DEPARTMENT OF WATER RESOUR("" THE RESOURCES AGENCY
APPRAISAL SUMMARY STATEMENT
Parcel No.: COA -432
Report No.: Original
Date: November 15, 1994
County: San Luis Obispo
Division: San Joaquin
Project: Coastal Branch, Phase II; Reach 5A
Owner: City of San Luis Obispo
Interest to be Acquired: Non - Exclusive Access Road Easement
Property Location: Stenner Creek Road, Section 10, T.30S., R.12E., M.D.M.
Zone: Government /Miscellaneous /Agriculture
Present Use: Government
Best Use: Government
Proposed Public Use: Water Pipeline
Area to be Acquired: 0.51 t acre Non - Exclusive Access Road Easement
Area of Remainder: 20.8 t acres
Market Value of Required Property:
APN # 073 - 281 -004, 006 and 007
COA- 432
Unit A: Non - Exclusive Permanent Access Road Easement
0.5-0:t acre @ $1,700/ac x 30% = $255.00
Unit B: Non - Exclusive Permanent Access Road Easement
0.01 t acre @ $1,700/ac x 30% = $ 5.00
Total $260.00
Rounded To $500.00
The market value of the property rights being purchased is based upon a market value
appraisal prepared in accordance with accepted appraisal procedures. Valuation of your
property is based upon an analysis of recent sales of similar property in this locality.
Valuation of the land recognizes all factors influencing its current value.
Damages to the Remaining Property Due to the State's Acquisition and
Construction are: -0-
Total Payment is:
E
$ 500.00
This summary of the amount offered as compensation is presented in compliance with
federal and State law and has been derived from a formal appraisal. The value of any
property rights retained by the owner which are not now reflected in the appraisal must
be deducted from the market value shown above.
0I -«
STATE OF CALIFORNIA JEPARTMENT OF WATER RESOURCE: THE RESOURCES AGENCY
California Project: Coastal Branch, Phase II
, 19_ Parcel No.: COA -430
City of San Luis Obispo. W.O. (DWR): 5653 -8004
A Body Corporate and Politic
Grantor
RIGHT OF WAY CONTRACT
Document No. COA -430 in the form of an Exclusive Easement Deed covering that certain property
in the County of San Luis Obispo been executed and delivered to Marie I. Gargas, Associate Land Agent for
the State of California.
In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as
follows:
Parties have herein set forth the whole of their agreement. The performance of this agreement
constitutes the entire consideration for said document and shall relieve the State of all further
obligation or claims on this account, or on account of the location, grade or construction of the
proposed public improvement.
2. The State shall:
a. Pay the sum of $500.00 plus interest as shown in Paragraph 5 below for the property
described in said document to the following title company: Fidelity National Title Insurance
Company, 3700 State Street Santa Barbara, CA 93105 for the account of the Grantor,
Escrow No. 52824 conditioned upon the property vesting in the State of California free and
clear of all liens, leases, encumbrances, easements (recorded and /or unrecorded),
assessments, and taxes, except:
(1) Taxes for the fiscal year in which this escrow closes, a portion of which may be
collectible against the Grantor as provided by Section 4986 of the Revenue and
Taxation Code.
(2) Covenants, conditions, restrictions and reservations of record, if any, which would
not detrimentally interfere with State's proposed use of said property.
(3) Easements or rights of way for public utilities, if any.
b. Pay all expenses incidental to and necessarily incurred for the conveyance of the real
property to the State, including but not limited to recording fees, title insurance charges,
reconveyance fees, trustee's fees, forwarding fees and prepayment penalties, limited to 1
percent of the compensation due under this transaction, for any full reconveyance of deed
of trust or full release of mortgage.
3. Said title company may expend any or all monies payable under this agreement to discharge any
obligations which are liens upon the property, including but not limited to those arising from
judgments, assessments, delinquent taxes for other than the fiscal year referred to in Paragraph
2a0), or debts secured by deeds of trust or mortgages, except those Items listed in Paragraph 2a
hereof, and /or to defray any other incidental costs other than those specified in Paragraph 2b hereof
to be borne by the State.
4. Title to said property shall pass immediately upon close of escrow. The issuance of any escrow
instructions shall be the sole responsibility of the State.
5. It is agreed that State shall have immediate possession and use of the subject lands effective as of
the date this contract is signed. The Temporary Construction Easement shall remain in effect for
the subsequent 28 months from the date this contract is signed. Compensation as set forth in
C-49-/7
DWR 995 (Rev. 8/94) Page 1 of 3
Clause 2a herein, shall accrue simple annual interest at the State's Pooled Money Investment
Account Rate (as computed by the State Controller) from the date of possession until a warrant is
issued by the State Controller to the escrow account.
6. Grantor warrants that there are no oral or written leases on all or any portion of the property
exceeding a period of one month, and the Grantor further agrees to hold the State harmless and
reimburse the State for any and all of its losses and expenses occasioned by reason of any lease of
said property held by any tenant of the Grantor for a period exceeding one month, except as may
be otherwise provided herein.
7. Grantor hereby agrees and consents to the dismissal of any action in eminent domain by the State
as to the subject property or any portion hereof, and Grantor also waives all claims to any monies
deposited in the Superior Court or in the State Treasury in said action.
8. To the best of Grantor's knowledge and after reasonable inquiry, Grantors represent and warrant
the following:
During the Grantor's ownership of the property, there have been no disposal, releases, or
threatened releases of hazardous substances on, from, or under the property. The Grantor further
represents and warrants that the Grantor has no knowledge of disposal, release, or threatened
release of hazardous substances on, from, or under the property which may have occurred prior to
Grantor taking title to the property.
There is no pending claim, lawsuit, agency proceeding, or any administrative challenge concerning
the presence or use of hazardous substances on the property.
The Grantor has not used the property for any industrial operations that use hazardous substances.
The seller is not aware of any such prior use of the property.
The Grantor has not installed any underground storage tanks, aboveground storage tanks, barrels,
sumps, impoundments or other containers used to contain hazardous substances on any part of the
property. The Grantor is not aware of any such prior installations.
For the purposes of this paragraph, the term "hazardous substances" shall mean any substance
which at any time shall be listed as "hazardous" or "toxic" in the regulations implementing the
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 USC
§ §6901, at seq.), or other federal or State law, or any other substance, chemical, material or waste
product whose presence, nature or quality is potentially injurious to the public health, safety,
welfare, the environment or the property. The term "reasonable inquiry" shall mean a thorough
examination of the property and all records of the property, and any examination that Grantor was
legally obligated to conduct as a result of any judicial or administrative order, or federal or State
law.
The acquisition price of the property being acquired reflects the fair market value of the property
without the presence of hazardous substances. If the property being acquired is found to be
contaminated by a hazardous substance which may require remediation under federal or State law,
the State may elect to recover its clean -up costs from those who caused or contributed to the
contamination.
The foregoing representations and warranties shall survive the close of escrow and shall remain in
full force and effect for the duration of this easement and shall accrue for the benefit of the Grantee
and its successors and assigns.
9. Grantor agrees to allow State to drill any required water wells within State's right of way, and to
pump water to be used for construction purposes. Upon completion of construction and
revegetation, State shall cap and fill all water wells and remove State's pumps, motors, and power
supply.
Upon written request from Grantor, State shall relinquish the wells, less pumps, motors, and power
supply, to Grantor for Grantor's own use. Grantor shall accept all responsibility for the use,
operation, and maintenance of the wells and for properly sealing them upon abandonment.
c -a- ig
DWR 995 (Rev. 8194) Page 2 of 3
In consideration, Grantor agrees to indemnify and hold harmless the State, its contractors and
agents against any and all toss, cost, claim damage, liability for injury to person or property
(including, without limitation, reasonable attorneys' and accountants' fees, costs of suit and costs
of appeal) incurred in connection with or arising out of any civil or criminal claim, action, suit or
proceeding filed or threatened, incident to or arising out of the construction, repair, use or
maintenance of well(s) transferred to Grantor.
It is agreed by all parties hereto that the State gives no assurances of any kind or nature that a
water well will be drilled on Grantor's ownership nor that a reliable water supply will be derived
from any well drilled on Grantor's ownership.
10. It is understood and agreed between the parties hereto that only after the pipeline has been
constructed, State's use of the easement shall be restricted to the uses and purposes of the State
Water Project, and to the construction, operation, and maintenance of the pipeline with its
appurtenances. Such easement shall not be for public use.
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN SHALL BE RECOGNIZED.
IN WITNESS WHEREOF, the parties have executed this contract.
GRANTOR, City of San Luis Obispo, A Body Corporate and Politic
John Moss
Date:
DEPARTMENT OF WATER RESOURCES
RECOMMENDED FOR APPROVAL:
Marie I. Gargas
Associate Land Agent
James P. Schindler
Senior Land Agent
Veronica G. Hicks
Chief, Real Estate Branch
DWR 995 (Rev. 8/94) Page 3 of 3
APPROVED:
By: ►
Title
Date:
0 -a -19
STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCE THE RESOURCES AGENCY
California Project: Coastal Branch, Phase II
, 19_ Parcel No.: COA -432
City of San Luis Obispo W.O. (DWR): 5653 -8005
Grantor
RIGHT OF WAY CONTRACT
Document No. COA -432 in the form of an Exclusive Easement Deed covering that certain property
in the County of San Luis Obispo has been executed and delivered to Marie I. Garaas, Associate Land
Agent for the State of California.
In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as
follows:
1. Parties have herein set forth the whole of their agreement. The performance of this agreement
constitutes the entire consideration for said document and shall relieve the State of all further
obligation or claims on this account, or on account of the location, grade or construction of the
proposed public improvement.
2. The State shall:
a. Pay the sum of $500.00 plus interest as shown in Paragraph 5 below for the property
described in said document to the following title company: Cuesta Title Guaranty Company,
733 Marsh Street, San Luis Obispo, California 93401 for the account of the Grantor,
Escrow No. 58614 conditioned upon the property vesting in the State of California free and
clear of all liens, leases, encumbrances, easements (recorded and /or unrecorded),
assessments, and taxes, except:
(1) Taxes for the fiscal year in which this escrow closes, a portion of which may be
collectible against the Grantor as provided by Section 4986 of the Revenue and
Taxation Code.
(2) Covenants, conditions, restrictions and reservations of record, if any, which would
not detrimentally interfere with State's proposed use of said property.
(3) Easements or rights of way for public utilities, if any.
b. Pay all expenses incidental to and necessarily incurred for the conveyance of the real
property to the State, including but not limited to recording fees, title insurance charges,
reconveyance fees, trustee's fees, forwarding fees and prepayment penalties for any full
reconveyance of deed of trust or full release of mortgage.
3. Said title company may expend any or all monies payable under this agreement to discharge any
obligations which are liens upon the property, including but not limited to those arising from
judgments, assessments, delinquent taxes for other than the fiscal year referred to in Paragraph
2a(1), or debts secured by deeds of trust or mortgages, except those Items listed in Paragraph 2a
hereof, and /or to defray any other incidental costs other than those specified in Paragraph 2b hereof
to be borne by the State.
4. Title to said property shall pass immediately upon close of escrow. The issuance of any escrow
instructions shall be the sole responsibility of the State.
DWR 995 (Rev. 8/94) Page 1 of 3 / , —A C9O
5. It is agreed that State shall have immediate possession and use of the subject lands effective as of
the date this contract is signed. Compensation as set forth in Clause 2a herein, shall accrue simple
annual interest at the State's Pooled Money Investment Account Rate (as computed by the State
Controller) from the date of possession until a warrant is issued by the State Controller to the
escrow account.
6. Grantor warrants that there are no oral or written leases on all or any portion of the property
exceeding a period of one month, and the Grantor further agrees to hold the State harmless and
reimburse the State for any and all of its losses and expenses occasioned by reason of any lease of
said property held by any tenant of the Grantor for a period exceeding one month, except as may
be otherwise provided herein.
7. Grantor hereby agrees and consents to the dismissal of any action in eminent domain by the State
as to the subject property or any portion hereof, and Grantor also waives all claims to any monies
deposited in the Superior Court or in the State Treasury in said action.
8. To the best of Grantor's knowledge and after reasonable inquiry, Grantors represent and warrant
the following:
During the Grantor's ownership of the property, there have been no disposal, releases, or
threatened releases of hazardous substances on, from, or under the property. The Grantor further
represents and warrants that the Grantor has no knowledge of disposal, release, or threatened
release of hazardous substances on, from, or under the property which may have occurred prior to
Grantor taking title to the property.
There is no pending claim, lawsuit, agency proceeding, or any administrative challenge concerning
the presence or use of hazardous substances on the property.
The Grantor has not used the property for any industrial operations that use hazardous substances.
The seller is not aware of any such prior use of the property.
The Grantor has not installed any underground storage tanks, aboveground storage tanks, barrels,
sumps, impoundments or other containers used to contain hazardous substances on any part of the
property. The Grantor is not aware of any such prior installations.
For the purposes of this paragraph, the term "hazardous substances" shall mean any substance
which at any time shall be listed as "hazardous" or "toxic" in the regulations implementing the
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 USC
§ §6901, at seq.), or other federal or State law, or any other substance, chemical, material or waste
product whose presence, nature or quality is potentially injurious to the public health, safety,
welfare, the environment or the property. The term "reasonable inquiry" shall mean a thorough
examination of the property and all records of the property, and any examination that Grantor was
legally obligated to conduct as a result of any judicial or administrative order, or federal or State
law.
The acquisition price of the property being acquired reflects the fair market value of the property
without the presence of hazardous substances. If the property being acquired is found to be
contaminated by a hazardous substance which may require remediation under federal or State law,
the State may elect to recover its clean -up costs from those who caused or contributed to the
contamination.
The foregoing representations and warranties shall survive the close of escrow and shall remain in
full force and effect for the duration of this easement and shall accrue for the benefit of the Grantee
and its successors and assigns.
9. It is understood and agreed between the parties hereto that only after the pipeline has been
constructed, State's use of the easement shall be restricted to the uses and purposes of the State
Water Project, and to the construction, operation, and maintenance of the pipeline with its
appurtenances. Such easement shall not be for public use.
DWR 995 (Rev. 8/94) Page 2 of 3 C _ (:;t c;t I
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN SHALL BE RECOGNIZED.
IN WITNESS WHEREOF, the parties have executed this contract.
GRANTOR
Mayor, City of San Luis Obispo
Date:
DEPARTMENT OF WATER RESOURCES
RECOMMENDED FOR APPROVAL:
0.
Marie I. Gargas
Associate Land Agent
James P. Schindler
Senior Land Agent
0.
Veronica G. Hicks
Chief, Real Estate Branch
DWR 995 (Rev. 8/94) Page 3 of 3
APPROVED:
By: ►
Title
Date:
on% on
r
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
DEPARIMENT OF WATER RESOURCES
Division of Land and Right of Way
Real Estate Branch
1416 9th Street, Room 431
Sacramento, California 95814
EXCLUSIVE EASEMENT
(CORPORATION TO THE STATE)
SPACE ABOVE THIS LINE FOR RECORDER'S USE -
Project Coastal Aqueduct
Parcel No, C O A — 4 3 0
S -9A -84
CITY OF SAN LUIS OBISPO, A BODY CORPORATE AND POLTTT
a corporation, organized and existing under the laws of the State of
hereinafter called GRANTOR. GRANTS to the State of California, its successors and assigns, hereinafter called STATE,
an exclusive easement and right of way for State Water Project purposes over, on, under, across, and above the parcel(s)
of land in the City of , County of .
State of California, identified in the records of the Department of Water Resources as:
DWR Parcel No. Area
COA -430 Unit A 0.28 acre
COA -430 Unit B 0.26 acre
Estate
Permanent Exclusive Pipeline
and Access Road Easement
Temporary Exclusive Construction
Easement
described as follows:
(In the event of any discrepancy between the above identification and the real property described herein, the real
property descnbed will control.)
Including, but not limited to, the right to.
k
DWR 554A -CP (9/29/92) Page 1
C -A -6;3
IN 1 5 1994
1. Construct, lay, operate, patrol, maintain, and from time to time at any
time reconstruct, modify, alter, enlarge, add to, relay, remove, and
replace one or more pipelines for transportation of water, with all
fixtures, communications, data, or control facilities, and any other
devices STATE may wish to construct or permit to be constructed, as well
as incidents and appurtenances used or useful in operation of said
pipeline, pipelines, and /or devices, and any other State Water Project
uses necessary or useful.
2. STATE is further granted the right to discharge water into any and all
streams or natural channels traversed by said pipeline or pipelines and
the right of ingress to, egress from, and along the easement herein
granted, over and across drives and roadways which now exist or which
may hereafter be constructed and the use of which is reasonable to
accomplish STATE's purposes.
3. STATE is further granted the right to drill wells for a water supply
during construction of the State Water Project. These wells may also be
used for revegetation and restoration of the construction area.
GRANTORS shall not, subsequent to this grant of easement, grant any
easements of any kind whatsoever to others over the following described
parcel(s) without prior approval of STATE.
There is expressly reserved to GRANTORS, their successors or assigns,
the right to use and enjoy the parcel(s) provided that no use of said
parcel(s) shall be made that is inconsistent with the rights herein granted.
Inconsistent uses include, but are not limited to:
(1) The erection or construction of buildings or other structures;
(2) Construction of roadways, utility crossings, and surface
improvements not authorized by STATE;
(3) The drilling, exploring, operation of mines or wells in or
through the upper 300 feet of the subsurface;
(4) The use of explosives;
(5) Planting of trees or vineyards;
(6) Cross fencing without access gates or the denial of access
through gates;
(7) Altering the ground surface elevation by more than one foot
without authorization by STATE;
(8) Installation of solid property or field dividers;
(9) Encroachments of any kind not authorized by STATE;
Said parcel(s) described as follows:
DWR 554 -CP28 (1/13/94) Page 2
,UN 15 1994 C -a -,9LP
COA -430
All those portions of the Northeast quarter of Section 25, Township
30 South, Range 12 East, Mount Diablo Meridian, County of San Luis Obispo,
State of California, according to the Official Plat of the Survey of said
lands approved by the Surveyor General on November 30, 1867, described as
follows:
All those portions of that certain parcel of land as described in
Section VII of that certain deed to the City of San Luis Obispo, recorded
December 6, 1910, in Book 87 of Deeds, Page 191, records of said County,
described as follows:
UNIT A
A perpetual exclusive easement and right of way to construct, lay,
operate, maintain, and from time to time at any time reconstruct, modify,
alter, enlarge, add to, relay, remove, and replace one or more pipelines for
transportation of water, and all fixtures, devices, incidents and
appurtenances used or useful in operation of said pipeline or pipelines
together with an exclusive access and service road easement over, through,
under, and across that portion of said City of San Luis Obispo parcel bounded
and described as follows:
BEGINNING at a point lying in the Southeasterly line of said City of
San Luis Obispo parcel, from which a found 1 -1/2 -inch iron pipe with wood plug
and nail, accepted as marking the Northeast corner of said Section 25, bears
North 78" 31, 25" East 1410.29 feet distant. Said 1 -1/2 inch iron pipe bears
South 01" 46' 54" West 5342.50 feet from a found, 3-1.2 inch San Luis Obispo
County brass cap monument stamped "No. 60 R.C.E. 1880 ", accepted as marking
the Northeast corner of Section 24, Township 30 South, Range 13 East, Mount
Diablo Meridian.
THENCE FROM SAID POINT OF BEGINNING, along said Southeasterly line, South 34"
08' 35" West 92.77 feet to a point hereinafter referred to as Point "All;
thence leaving said Southeasterly line, North 690 53' 54" West 99.26 feet to
the Northwesterly line of said City of San Luis Obispo parcel;
thence along said Northwesterly line North 330 23' 35" East 123.30 feet;
thence leaving said Northwesterly line South 690 53' 54" East 100.93 feet to
the Southeasterly line of said City of San Luis Obispo parcel;
thence along said Southeasterly line South 34" 08, 35" West 30.93 feet to the
Point of Beginning,
Containing 0.28 acre, more or less.
UNIT B
A temporary exclusive easement and right of way for the purpose of
moving and /or maneuvering construction equipment and vehicles; the temporary
storage of pipe, equipment, and materials necessary for lay'"' g a pipeline,
together with the equipment used in the digging of trenches and other
earthwork pertinent to said pipeline; the temporary storage of spoil or
excavated material during the period of the laying, relaying, installing, and
removing of said pipeline and related construction work, and any other
operations necessary and appurtenant to the construction of said pipeline,
over, through, and across that portion of said City of San Luis Obispo parcel
bounded and described as follows:
BEGINNING at the hereinabove designated Point "A";
thence along the Southeasterly line of said City of San Luis Obispo parcel
South 340 08' 35" west 123.70 feet;
thence leaving said Southeasterly line North 69" 53' S4" West 84.95 feet;
c -a -a5
UN 1 5 1994
thence North 200 06, 06" East 53.53 feet to the Northwesterly line of said
City of San Luis Obispo parcel;
thence along said Northwesterly line North 330 23' 35" East 68.29 feet to the
Southwesterly line of the hereinabove described UNIT A;
thence along said Southwesterly line South 690 53' 54" East 99.26 feet to the
Point of Beginning.
Containing 0.26 acre, more or less.
Bearings and distances used in the above description are based on
the California Coordinate System, Zone V, 1927.
CVO
f.
No. 5684
Exp. 930-95
4
IN 1 5 1994 C_°1_° (0
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
DEPARThMIff OF WATER RESOURCES
Division of Land and Right of Way
Real Estate Branch
1416 9th Street, Room 431
Sacramento, California 95814
EASEMENT
(TO THE STATE)
SPACE ABOVE THIS LINE FOR RECORDER'S USE —
Project. COASTAL AQUEDUCT
Parcel No. COA -432
S- 9A -82 -1
WE CITY OF SAN LUIS OBISPO
(1' We) --
GRANT to the State of California an EASEMENT for access and service road and other rights
as described herein
upon, over and across that certain real property in the .
County of San Luis Obispo , State of California, identified in the records of the
Department of Water Resources as:
DWR Parcel No. Area
COA -432, UNIT A 0.50 acre
COA -432, UNIT B 0.01 acre
Nonexclusive Access Road Easement
Nonexclusive Access Road Easement
(In the event of any discrepancy between the above identification and the real property described herein, the real
property described will control.)
DWR 550 -CP (Rev. 1/92) Page 1
P 1 5 1994
c -a -a7
COA -432
y UNITS A and B
A perpetual nonexclusive easement and right of way to construct,
reconstruct, operate, maintain, and use an access and service road over,
through, and across those portions of an existing 40.00 foot Ingress and
Egress Easement described in PARCEL 3 of that certain deed recorded on January
3, 1984, in Volume 2554, Page 184, of the Official Records of said County, the
centerline of which is shown and designated as CENTERLINE OF 40' WIDE ACCESS
ROAD on that certain Record of Survey, filed for record on January 29, 1980,
In the Office of the County Recorder of San Luis Obispo, State of California,
in Book 37 of Licensed Surveys, Page 27, lying in PARCELS A and B, as shown on
said Record of Survey.
Containing an area of 0.51 acre, more or less.
2
!P Is 1994
or i P. T
O
No. 5684
Exp. s-3o-ss
a-01- 019
Executed on
Siped and delivered in the pnsa= of
GRANTOR(S)
STATE OF CALIFORNIA
County of } SS.
On ._19_, befae me,
ley appeared
penonaBy known to me (or proved to me an the basis of
satisfactory evidence) to be the parson(s) whose name(s)
Ware subscribed to the within ioWumom and acknowledged
to me that halsbeltbey executed the ante m bialbarhheir
authorized cqmcny(a), and that by hisibcflhar ggnamre(s)
on the indiumoot the person(s), or the entity upon behalf of
which the peram(s) acted, executed the instrument.
WfINESS my hand and official anal.
MAYOR, CITY OF SAN LUIS OBISPO
W122=s
STATE OF CALIFORNIA
County of I SS.
On before me, the undirsigned,
a Notary Public in and for said State, personally appeared
eersomlly known to me
to be the person whose name is subscribed to the within instrument
as a witms thereto, who, being by me duly erorn, deposes and says:
That this w0oess resides in
and that said whom was present and saw
pommuy known to mid
wines to be the same parson described in, and whose mine is
subscribed to the within and aeme:rd instrument as a party
thereto. execute and deliver the mine, and that affiant subscribed
hidher name to the within in._•••ment as Witmer.
W[fNESS my head and official seal.
NOTARY PUBLIC W AND FOR THE STATE OF CALIFORNIA NOTARY PUBLIC IN AND FOR THE STATE OF CALIFORNIA
(Scat) (Seal)
(CERTIFICATE OF ACCElMANCE, OOVERMUM CODE, SECTION 27281)
This h To Certify, That the State of Ca6fmnia, grantee herein, acting by and through the Department of Water Resources, hereby accepts
for public purposes the red property, or interest thmeio, described in the within deed and consents to the recordauon thereof.
IN WMESS WMREOF. I have hareumo set my band this day of
BY
Page
DWR 550-SP (Rev 12192)
'P 1 5 1991
Director of Water Resources
Anormy in Fact
19
c-a- a9
7
McITING AGENDA
L.
MEMORANDUM
December 27, 1994
To: John Dunn, City Administrative Officer
From: John E. Moss, Utilities Director
Subject: January 3, 1995 Council Agenda
I would like to request the agenda items relating to the easements for the State Water Project be
pulled from the January 3rd agenda and be deferred to a date uncertain. These items were
scheduled for January 3rd on the assumption that the supplement to the EIR for the State Water
Project which relates to the easements would be certified on December 23, 1994. We have just
been informed that the supplement was not certified as scheduled and therefore we should not
proceed with consideration of the easements at this time.
If you have any questions regarding this request please don't hesitate to contact either myself
or Gary Henderson.
c: Diane Gladwell, City Clerk
Gary Henderson, Water Division Manager
rZEC0vED
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CITY COUNCIL
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