HomeMy WebLinkAbout07/05/1995, 4 - REQUEST FOR EASEMENTS FROM THE STATE DEPARTMENT OF WATER RESOURCES NECESSARY FOR THE COASTAL BRANCH OF THE STATE WATER PROJECT uII pp MEETING DATE:
city of San t.a1S OBISPO 7 July 5, 1995
COUNCIL AGENDA REPORT ITEM NJ,Afro ,.
FROM: John Moss Prepared By: Gary W. Henderson 4uta
Utilities for 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 Sterner 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 N porno. 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 andwould require removal of several large
���"�Ill�l�llp° II�III city of san r ,s OBI SPO
COUNCIL. AGENDA REPORT
State water Project Easements
P9ge 2
sycamore trees. In addition, California Department of Fish and Game forced
reevaluation of the alignment based on potential impacts to the creek.
P&w*ne 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 January 24, 1995. There,has been a lawsuit filed against the State relative to
the adequacy of the supplemental EIR. The State has requested that the City grant the easements
at this time to avoid impacts to the construction schedule (see attachment 12). Staff from the
State will be available to address questions from the Council or public.
CONCURRENCE
The Community Development Department has reviewed the draft supplement to the FOR for
the Coastal Branch and concurs with the conclusions regarding the pipeline segments affected
by the proposed easements. The Police Department concurs that the granting of the easement
will have no impact on their use of the firing range property.
��►►H�i�N�1►111111�IIP° ��11 city of San ' s OBISpo
COUNCIL AGENDA REPORT
State Water Project Easements
Page 3
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.
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 on Stenner Creek
Road
6. Appraisal Summary Statement for Easement at Police Firing Range
7. Appraisal Summary Statement for Easement on Stenner Creek Road
8. 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
12. Letter from Department of Water Resources ,
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EXHIBIT B
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Stenner Creek Road
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CITY PR PERTY
6
7
Access Road Easement O
0.51 acre 8O
13
Stenner Creek Road Property
t
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
t ,
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:
AYES:
NOES:
ABSENT:
the foregoing resolution was adopted this day of 1995.
:... ;..; :.
Mayor Allen Settle
ATTEST:
Diane Gladwell, City Clerk
APPROVED:
Wt t
ty � torn 04
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
.'DEPARTMENT OF WATER RESOURCES
Division of Land and Right of Way
Real Estate Branch
1416 9th Street,Room 431
Sacramento, California 95814
SPACE ABOVE THIS LIRE FOR RECORDER'S USE
EASEMENT Project COASTAL AQUEDUCT
(TO THE STATE)
Parcel No. COA-432
S-9A-82-1
WE CITY OF SAN LUIS OBISPO
(I.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 Estate
COA-432, UNIT A 0.50 acre Nonexclusive Access Road Easement
COA-432, UNIT B 0.01 acre Nonexclusive Access Road Easement
(In the event of any discrepancy between the above identification and the real property described herein, the real
property d=nbed will control.)
DWR 550-CP(Rev. 1/92) Page 1
P 1 5 1994 ! p
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, 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.
P.
L yV0 ��Z 0
f
X0. 5684
Exp. 9-30-95
q� of
2
"P t 5 1901 / �10
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
WHEREAS, the site will be restored and revegetated following construction activities,
and
WHEREAS, the City Council has reviewed and considered the supplement to the final
f
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.
Resolution No. (1995 Series)
Upon motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was adopted this day of , 1995.
Mayor Allen Settle
ATTEST:
Diane Gladwell, City Clerk
APPROVED:
me
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
DEPARTMENT OF WATER RESOURCES
Division of Land and Right of Way
Real Estate Branch
1416 9th Street,Room 431
Sacramento, California 95814
SPACE ABOVE THIS LINE FOR RECORDER'S USE —
EXCLUSIVE EASEMENT Project COASTAL AQUEDUCT
.(CORPORATION TO THE STATE)
Parcel No. COA-430
S-9A-84
CITY OF SAN LUIS OBISPO, A BODY CORPORATE POLITIC
a corporation, organized and existing under the laws of the State of California
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 San Luis Obispo ,
State of California, identified in the records of the Department of Water Resources as:
DWR Parcel No. Area Estate
COA-430 Unit A 0.18 acre Permanent Exclusive Pipeline and
Access Road Easement
COA-430 Unit B 0.34 acre 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 described will control.)
Including,but not limited to, the right to:
DWR 554A-CP(9129192) Page 1
mm n i too; '�3
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;
(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
Il1N a 1 1995 / "��
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 308 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 the most Northerly corner 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
83" 53. 28" East 1422.12 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 A.C.E. 1880", accepted as marking the
Northeast corner of Section 24, Township 30 South, Range 12 East, Mount Diablo
Meridian.
THENCE FROM SAID POINT OF BEGINNING, along the exterior boundary of said City
of San Luis Obispo parcel the following 2 courses:
(1) South 56" 06' 25" East 98.99 feet; and
(2) South 34" 08. 35" west 58.69 feet to a point hereinafter referred to
as Point "A";
thence leaving said exterior boundary, North 82" 57. 16" West 88.00 feet;
thence North 07" 02. 44" East 43.63 feet to the Northwesterly line of said
City of San Luis Obispo parcel;
thence along said Northwesterly line North 33° 23' 35" East 59.50 feet to the
Point of Beginning.
Containing 0.18 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 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" 08' 35" West 168.50 feet;
thence leaving said Southeasterly line North 82" 57' 16" West 61.25 feet;
Page 3
IUN 0 1 1995
thence North 070 02' 44" East 92.68 feet to the Northwesterly line of said
City of San Luis Obispo parcel;
thence along said Northwesterly line North 33" 23. 35" East 112.66 feet to the
Southwesterly line of the hereinabove described UNIT A;
thence along said Southwesterly line South 070 02' 44" West 43.63 feet;
thence continuing along said Southwesterly line South 82° 57. 16" East 88.00
feet to the Point of Beginning.
Containing 0.34 acre, more or less.
Bearings and distances used in the above description are based on
the California Coordinate System, Zone V, 1927.
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STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURC, THE RESOURCES AGENCY
APPRAISAL SUMMARY STATEMENT
Parcel No.: COA-430
Report No.: Original
Date: July 21, 1994
County: San Luis Obispo
Division: San Joaquin
Project: Coastal Branch, Phase II, Reach 4
Owner. City of San Luis Obispo, A Body Corporate and Politic
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 and Interest to be Acquired:
0.18± acre Exclusive Pipeline and Access Road Easement
0.34± 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
0.18± acre @ $1,700/ac x 95% = $290.07
Unit B: Temporary Exclusive Construction Easement
0.34± acre @ $12/ac/yr x 2.33 yrs = 9.51
Total $299.58
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.
STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCE 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: Govemment/Miscellaneous/Agriculture
Present Use: Government
Best Use: Government
Proposed Public Use: Water Pipeline
Area to be Acquired: 0.51± acre Non-Exclusive Access Road Easement
Area of Remainder. 20.8± acres
Market Value of Required Property:
APN #073-281-004, 006 and 007
COA-432
Unit A: Non-Exclusive Permanent Access Road Easement
0.50± acre @ $1,700/ac x 30% _ $255.00
Unit B: Non-Exclusive Permanent Access Road Easement
0.01± 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: $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.
STATE OF CALIFORNIA :PARTMENT OF WATER RESOURCES 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 Comorate 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:
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: 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 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.
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
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
DWR 995(Rev. 8/94)Page 1 of 3 - 9Q
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.
a. 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 dean-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.
In consideration,Grantor agrees to indemnify and hold harmless the State,its contractors and agents
against any and all loss, cost,claim damage,liability for injury to person or property(including,without
limitation, reasonable attorneys'and accountants'fees,costs of suit and costs of appeaD 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.
DWR 995(Rev. 8/94) Page 2 of 3 L4 ,a/
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
Grantors 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
APPROVED AS TO FORMA:
Mayor, City of San Luis Obispo 4;404"-4-�
Date: J O.Jo n
City Attomey
DEPARTMENT OF WATER RESOURCES
RECOMMENDED FOR APPROVAL: APPROVED:
By:►
Marie I. Gargas
Associate Land Agent
James P. Schindler Title
Senior Land Agent
Date:
Veronica G. Hicks
Chief, Real Estate Branch
DWR 995(Rev.8/94)Page 3 of 3 .��
STATE OF CALIFORNIA 'PARTMENT OF WATER RESOURCES THE RESOURCES AGENCY
California Project: Coastal Branch, Phase 11
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
Cafifomia.
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 accourd, 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 properly 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 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 bome 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
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.
DWR 995(Rev. 8/94) Page 1 of 3
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.
a. 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.
In consideration,Grantor agrees to indemnify and hold harmless the State,its contractors and agents
against any and all loss,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.
MAIM eee/0—. oieiX 15---o s a
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
APPROVED AS TO FORM:
► Mayor, City of San Luis Obispo
D.Jo n
Date: City Attomey
DEPARTMENT OF WATER RESOURCES
RECOMMENDED FOR APPROVAL: APPROVED:
By:►
Marie I. Gargas
Associate Land Agent
James P. Schindler Title
Senior Land Agent
► Date:
Veronica G. Hicks
Chief, Real Estate Branch
DWR 995(Rev. 8/94) Page 3 of 3
STATE OF CALIFORNIA EPARTMENT 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 Coroorate and Politic
Grantor
RIGHT OF WAY CONTRACT
Document No.COA-430 in the forth 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:
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: Fidelity National Title Insurance Comoanv. 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 for any full reconveyance of deed of trust
or full release of mortgage.
3. Said title comparry 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 bome 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
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.
DWR 995(Rev.8/94)Page 1 of 3 W ���
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,et 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
In consideration,Grantor agrees to indemnify and hold harmless the State,its contractors and agents
against any and all loss,cost,claim damage, liability for injury to person or property(including,without
fimitation, 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.
DWR 995(Rev. 8/94) Page 2 of 3 ♦� 7
It is agreed by all parties hereto that the State gives no assurances of any kind or nature that a water well
will be dulled 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
APPROVED AS TO FORM:
► Mayor, City of San Luis Obispo q
Ns
e 890r—�
Jeffrey Jo
Date: Clly Attorney
DEPARTMENT OF WATER RESOURCES
RECOMMENDED FOR APPROVAL: APPROVED:
By:►
Marie I. Gargas
Associate Land Agent
James P. Schindler Title
Senior Land Agent
► Date:
Veronica G. Hicks
Chief, Real Estate Branch
DWR 995(Rev.8194)Page 3 of 3 :�g
6TATE OF CALIFORNIA :PARTMENT OF WATER RESOURCES 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.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:
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 Obisoo, 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,'rf 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 bome 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. 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.
S. 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.
DWR 995(Rev. 8/94) Page 1 of 3 q 4 9
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 Grantors 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"topc"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 dean-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.8194)Page 2 of 3 .30
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN SHALL BE RECOGNIZED.
IN WITNESS WHEREOF, the parties have executed this contract.
GRANTOR
APPROVED AS TO FORM:
01
10
Mayor, City of San Luis Obispo
J .Jo
City Attomey
Date:
DEPARTMENT OF WATER RESOURCES
RECOMMENDED FOR APPROVAL: APPROVED:
► By:►
Marie I. Gargas
Associate Land Agent
► James P. Schindler Title
Senior Land Agent
► Date:
Veronica G. Hicks
Chief, Real Estate Branch
DWR 995(Rev. 8/94)Page 3 of 3 :3/
STATE OF CALIFORNIA =PARTMENT OF WATER RESOURCES 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.Gar-gas,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 Comoanv.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 bome 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. 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.
DWR 995(Rev.8194) Page 1 of 3
11 ,r'•3�
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 Grantors 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(CERCIA) (42 USC§§6901, et 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.8194)Page 2 of 3
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN SHALL BE RECOGNIZED.
IN WITNESS WHEREOF, the parties have executed this contract.
GRANTOR
APPROVED AS TO FORM:
"WAY. A
► Mayor, City of San Luis Obispo
eHrey G.Jo
Date: City Attomey
DEPARTMENT OF WATER RESOURCES
RECOMMENDED FOR APPROVAL: APPROVED:
► By:►
Marie I. Gargas
Associate Land Agent
James P. Schindler Title
Senior Land Agent
► Date:
Veronica G. Hicks
Chief, Real Estate Branch
DWR 995(Rev.8/94)Page 3 of 3
STATE OF CALIFORNIA . 0ARTMENT OF WATER RESOURCES 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.COA432 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.Garpas,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 bome 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. 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.
-3�
DWR 995(Rev.8/94)Page 1 of 3
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN SHALL BE RECOGNIZED.
IN WITNESS WHEREOF, the parties have executed this contract.
GRANTOR
APPROVED AS TO FORM:
► Mayor, City of San Luis Obispo G1MP,h
Jeffrey Of.Jo se
Date: City Attomey
DEPARTMENT OF WATER RESOURCES
RECOMMENDED FOR APPROVAL: APPROVED:
By:►
Marie I. Gargas
Associate Land Agent
James P. Schindler Title
Senior Land Agent
► Date:
Veronica G. Hicks
Chief, Real Estate Branch
DWR 995(Rev.8M)Page 3 of 3
. -3�
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
DEPARTMENT OF WATER RESOURCES
Division of Land and Right of Way
Real Estate Branch
1416 9th Street, Room 431
Sacramento, California 95814
SPACE ABOVE ISIS LINE FOR RECORDER'S USE —
EXCLUSIVE EASEMENT Project COASTAL AQUEDUCT
(CORPORATION TO THE STATE)
Parcel No. COA-430
S-9A-84
CITY OF SAN LUIS OBISPO, A BODY CORPORATE POLITIC
a corporation, organized and existing under the laws of the State of California ,
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 San Luis Obispo ,
State of California, identified in the records of the Department of Water Resources as:
DWR Parcel No. Area Estate
COA-430 Unit A 0.18 acre Permanent Exclusive Pipeline and
Access Road Easement
COA-430 Unit B 0.34 acre 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 described will control.)
Including, but not limited to, the right to:
DWR 554A-CP (9/29/92) Page 1
NN 0 1 1995 �37
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-CP2B (1/13/94) Page 2
'3g
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 the most Northerly corner 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
83" 53' 28" East 1422.12 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. 188011, accepted as marking the
Northeast corner of Section 24, Township 30 South, Range 12 East, Mount Diablo
Meridian.
THENCE FROM SAID POINT OF BEGINNING, along the exterior boundary of said City
of San Luis Obispo parcel the following 2 courses:
(1) South 56" 06. 25" East 98.99 feet; and
(2) South 34" 08' 35" West 58.69 feet to a point hereinafter referred to
as Point "A";
thence leaving said exterior boundary, North 82" 57. 16" West 88.00 feet;
thence North 07" 02' 44" East 43.63 feet to the Northwesterly line of said
City of San Luis Obispo parcel;
thence along said Northwesterly line North 33" 23' 35" East 59.50 feet to the
Point of Beginning.
Containing 0.18 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 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" 08' 35" West 168.50 feet;
thence leaving said Southeasterly line North 82" 57' 16" West 61.25 feet;
Page 3
UN 0 1 1995 �'��
thence North 070 02' 44" East 92.68 feet to the Northwesterly line of said
City of San Luis Obispo parcel;
thence along said Northwesterly line North 330 23' 35" East 112.66 feet to the
Southwesterly line of the hereinabove described UNIT A;
thence along said Southwesterly line South 07" 02. 44" West 43.63 feet;
thence continuing along said Southwesterly line South 829 57' 16" East 88.00
feet to the Point of Beginning.
Containing 0.34 acre, more or less.
Bearings and distances used in the above description are based on
the California Coordinate System, Zone V, 1927.
o
0�
N0. 5684
Exp. 9.30.95
Page 4
HIM A 4 1005
Together with all of the Grantor's right, title, and interest in and to all water and water rights,whether surface or
subsurf tce,or of any other kind, including all appurtenant water and water rights, and all water rights in any way
incident to the real property herein described, or used thereon or in connection therewith, and all other appurtenant
rights and easements pertaining to said real property.
IN WITNESS WHEREOF, said corporation has caused its corporate name to be hereunto subscribed and its corporate
seal to be affixed hereto, this day of , 19
CITY OF SAN LUIS OBISPO, A BODY CORPORATE & POLITIC
[[Corporate Seal]] By President
By Secretary
STATE OF CALIFORNIA
County of SS.
On , 19_,before me,
personally appeared
personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/
are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon
behalf of which the person(s) acted,executed the instrument.
WITNESS my hand and official seal.
(Seal)
NOTARY PUBLIC IN AND FOR THE STATE OF CALIFORNIA
(CERTIFICATE OF ACCEPTANCE, GOVERNMENT CODE, SECTION 27281)
This L To Certify,That the State of California,grantee herein,acting by and through the Department of Water Resources,hereby accepts
for public purposes the real property,or interest therein,described in the within deed and consents to the recordation thereof.
In Witness Whereof,I have hereunto set my hand this day of , l9
Director of Water Resources
By
Attorney in Fact
Page 5
DWR 547-SP(Rev 12/92)
UN 0 1 1995 ��
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RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
DEPARTMENT OF WATER RESOURCES
Division of Land and Right of Way
Real Estate Branch
1416 9th Street,Room 431
Sacramento, California 95814
SPACE ABOVE THIS LINE FOR RECORDER'S USE
EXCLUSIVE EASEMENT Project COASTAL AQUEDUCT
.(CORPORATION TO THE STATE)
Parcel No. COA-430
S-9A-84
CITY OF SAN LUIS OBISPO, A BODY CORPORATE POLITIC
a corporation, organized and existing under the laws of the State of California ,
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 San Luis Obispo ,
State of California, identified in the records of the Department of Water Resources as:
DWR Parcel No. Area Estate
COA-430 Unit A . 0.18 acre Permanent Exclusive Pipeline and
Access Road Easement
COA-430 Unit B 0.34 acre 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 described will control.)
Including,but not limited to, the right to:
DWR 554A-CP(9/29/92) Page 1 I
fll 113
n 1►t n . .nnr
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
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
appurtenancgs 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 the most Northerly corner 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
830 53' 28" East 1422.12 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 12 East, Mount Diablo
Meridian.
THENCE FROM SAID POINT OF BEGINNING, along the exterior boundary of said City
of San Luis Obispo parcel the following 2 courses:
(1) South 560 06' 25" East 98.99 feet; and
(2) South 34" 08' 35" West 58.69 feet to a point hereinafter referred to
as Point "A";
thence leaving said exterior boundary, North 82" 57. 16" West 88.00 feet;
thence North 07" 02' 44" East 43.63 feet to the Northwesterly line of said
City of San Luis Obispo parcel;
thence along said Northwesterly line North 33" 23' 35" East 59.50 feet to the
Point of Beginning.
Containing 0.18 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 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 340 08' 35" West 168.50 feet;
thence leaving said Southeasterly line North 820 57' 16" West 61.25 feet;
Page 3
thence North 07° 02' 44" East 92.68 feet to the Northwesterly line of said
City of San Luis Obispo parcel;
thence along said Northwesterly line North 33" 23' 35" East 112.66 feet to the
Southwesterly line of the hereinabove described UNIT A;
thence along said Southwesterly line South 070 02' 44" West 43.63 feet;
thence continuing along said Southwesterly line South 820 57' 16" East 88.00
feet to the Point of Beginning.
Containing 0.34 acre, more or less.
Bearings and distances used in the above description are based on
the California Coordinate System, Zone V, 1927.
V yV i2 093
No. 5684
Exp. 9-30-95
n ��4
V rATf 0{ CA��E��,
Page 4
Together with all of the Grantor's right, title, and interest in and to all water and water rights,whether surface or
subsurface,or of any other kind, includ* 2 all appurtenant water and water rights, and all water rights in any way
incident to the real property herein described, or used thereon or in connection therewith, and all other appurtenant
rights and easements pertaining to said real property.
IN WITNESS WHEREOF, said corporation has caused its corporate name to be hereunto subscribed and its corporate
seal to be affixed hereto, this day of , 19
CITY OF SAN LUIS OBISPO, A BODY CORPORATE & POLITIC
[[Corporate Seal]] By P resident
By Secretary
STATE OF CALIFORNIA
County of SS.
On , 19_, before me,
personally appeared
personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/
are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
(Seal)
NOTARY PUBLIC IN AND FOR THE STATE OF CALIFORNIA
(CERTIFICATE OF ACCEPTANCE, GOVERNMENT CODE, SECTION 27281)
This Is To Certify,That the State of California,grantee herein,acting by and through the Department of Water Resources,hereby accepts
for public purposes the real property,or interest therein,described in the within deed and consents to the recordation thereof.
In Witness Whereof,I have hereunto set my hand this day of 19
Director of Water Resources
By
Attorney in Fact
Page 5
DWR 547-SP(Rev 12/92)
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RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
-DEPARTMENT OF WATER RESOURCES
Division of land and Right of Way
Real Estate Branch
1416 9th Street, Room 431
Sacramento, California 95914
SPACE ABOVE TRIS LINE FOR RECORDER'S USE —
EASEMENT Project COASTAL AQUEDUCT
(TO THE STATE)
Parcel No. COA-432
S-9A-82-1
WE CITY OF SAN LUIS OBISPO
(l. 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 Estate
COA-432, UNIT A 0.50 acre Nonexclusive Access Road Easement
COA-432, UNIT B 0.01 acre 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 �"� 9
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, 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.
10
P.
VyUO �y0
9
0. 5684
Exp. 9.30-95
OF CAl.�Fe4�,/
2
EP 1 5 1994 ... .j�
Executed an
Signed of d delivered ID the presence of
MAYOR, CITY OF SAN LUIS OBISPO
SUBSCRIBING WITNESS
GRANTOR(S) STATE OF CALIFORNIA
County of SS.
STATE OF CALIFORNIA On before me,the ullsisned.
County of SS. a Notary Public in and for raid State,personally appeared
,personally(mown to me
Oo 19_,before me, to be the person whore name is subscribed to the within instrument,
[ Y aPPeered n a wimeas thereto,who,being by me duly sworn,deposes and says:
petaona�y known to me(or proved to me an the basis of That this witness resides in
satisfactory evidence)to be the person(s)whose name(s) and that said witness was present and saw
ie/are subscribed to the within inauumsut and ackaowiedged personally known to said
to me that he/abehhey executed the mm in hia/herltheir witness to be the acme person described in,and whose name is
authorized eapacity(tes).and that by his/her/their signature(s) subscribed to the within and annexed instrument as a party
an the instrument the persoa(s),or the entity upon behalf of thereto,execute and deliver the same,and that affiant subscribed
which the peaon(s)acted,executed the instrument. his/her name to the within instrument as Witness.
WITNESS my hand and official real.
WITNESS my hand and official seal.
NOTARY PUBLIC IN AND FOR THE STATE OF CALIFORNIA NOTARY PUBLIC IN AND FOR THE STATE OF CALIFORNIA
(Scal) (Seal)
(CERTIFICATE OF ACCEPTANCE, GOVERNMENT CODE, SECTION 27281)
This L To Certify.That the State of California,grantee herein,acting by and through the Department of Water Resources,hereby accepts
for Public Purpoxs the real Property,Or interest therein,described in the within deed and consents to the recordation thereof.
IN WITNESS WHEREOF,I have hereunto set my hand this day of 19
Director of Water Resources
BY
Attorney in Fact
DWR 550.SPPage 3
(Rev 12/92) .
P 1 5 1994
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RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
DEPARTMENT OF WATER RESOURCES
Division of Land and Right of Way
Real Estate Branch
1416 9th Street,Room 431
Sacramento, California 95914
SPACE ABOVE THIS LINE FOR RECORDER'S USE -
EASEMENT Project COASTAL AQUEDUCT
(TO THE STATE)
Parcel No. COA-432
S-9A-82-1
WE CITY -OF SAN. LUIS OBISPO
T, We)
GRANT to the State of Califomia 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 Estate
COA-432, UNIT A 0.50 acre Nonexclusive Access Road Easement
COA-432, UNIT B 0.01 acre 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
EP 1 5 1994
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, 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 H, as shown on
said Record of Survey.
Containing an area of 0.51 acre, more or less.
�0 2 y
R-o 5684
Exp. 9-30-9S
2
EP 1 5 1994
Executed on
Signed and delivered in the presence of
MAYOR, CITY OF SAN LUIS OBISPO
SUBSCRIBING WITNESS
GRANTOR(S) STATE OF CALIFORNIA
County of SS.
STATE OF CALIFORNIA On before me,the undersigned,
County of SS. a Notary Public in and for mid State,personally appeared
personally known to me
On 19�before me, to be the person whose name is subscribed to the within instrument,
Penotally appeared as a witness thereto,who,being by me duly sworn,deposes and says:
personally known to me(or proved to me on the basis of That this witness resides in
satisfactory evidence)to be the penon(s)whose tame(s) and that mid witness was present and saw
is/are subscribed to the within instrument and acknowledged personally known to said
to me that he/ahe/they executed the same in his/bedtheir witness to be the sanm person described in,and whose tame is
authorized eapaciry(es),and that by his/her/their signature(s) subscribed to the within and annexed instrument as a party
an the instrument the person(s),or the entity upon behalf of thereto,execute and deliver the same,and that affiant subscribed
which the person(s)acted,executed the instrument. his/her mune to the within instrument as Witness.
WICNESS my hand and official seal.
WITNESS my hand and official seal.
NOTARY PUBLIC IN AND FOR THE STATE OF CALIFORNIA NOTARY PUBLIC IN AND FOR THE STATE OF CALIFORNIA
(Seal) (Seal)
(CERTIFICATE OF ACCEPTANCE, GOVERNMENT CODE, SECTION 27281)
This Is To Certify,That the State of California,grantee herein,acting by and through the Department of Water Resources,hereby accepts
for public purposes the real property,or interest therein,described in the within deed and consents to the recordation thereof.
IN WITNESS WHEREOF,I have hereunto set my hand this day of . 19
Director of Water Resources
By
Attorney in Fact
Page 3
DWR 550-SP Mev 12/92)
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Attachment 12
STATE OF CAUFORNIA—THE RESOURCES AGENCY.- PETE WILSON, Gowmor
DEPARTMENT OF WATER RESOURCES -
1416 NINTH STREET, P.O. BOX 942836
SACRAMENTO, CA 942960001
(916) 6393791
June 6, 1995
Mr. John Moss
c/o City of San Luis Obispo
955 Morrow Street
San Luis Obispo, California 93401
Dear Mr. Moss :
Please consider this letter formal notice that the
Department of Water Resources desires a decision from the City
Council regarding the acquisition of easements necessary for the
Coastal Branch, Phase II Pipeline Project.
To assist you, I have enclosed the revised offer for an
Exclusive Pipeline Easement traversing City property identified
as APN No. 073-361-004 (COA-430) and our previous offer for APN
No. 073-281-004, 006, and 007 (COA-432) . These offers include
Right of Way Contracts, Appraisal Summary Statements, Deeds and
current maps .
You will note that since the alignment has shifted slightly
on COA-4301 we require 0 . 18 acre (less than the original 0 .28
acre) of permanent pipeline easement. Other provisions and
conditions of the original offer remain the same.
Please schedule these easement acquisitions on your agenda
for the earliest available City Council Meeting and notify us as
soon as possible. Staff members Jerry Ripperda (Environmental
Specialist) , David Sandino (Legal Council) , and Marie Gargas
(Right of Way) will be available at the meeting to address any
questions the Council or the public may pose regarding
environmental issues .
If you have any questions, please call me at 1-800-600-4DWR.
Sincerely,
Marie I . argas
Associate Land Agent
Enclosures
JUN 1 21
MEETING A( JA
DATE - 7L'2< ITEM #
iUIEMORANDUM
July 5, 1995
TO: City Council
VIA: John Dunn, City Administrative OfficoQ----
FROM: Gary Henderson, Water Division Manager -cr4wN
SUBJECT: Article Concerning Tonight's Council Meeting
I have attached an article from The Citizen newspaper for Council's information. The article
discusses the two items on tonight's agenda involving the Salinas Reservoir. If you have any
questions or concerns, please call me at extension 237.
COUNCIL ❑ CDD DIR
19 CAO ❑ FIN DIR
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TTORNEY ❑ PW DIR
LERIUDRIG ❑ POLICE CHF
❑ MGMTTEAM ❑ jEC DIR
❑ C FILE UTIL DIR
❑ PERS DIR
IV60
JUL 11495
CITY CLERK
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3.
wY" Atascadero Mayor George Highland
Mayor George Hight
Bob Bowles,left,and Norma Moye,right,enjoy the Krary"Dogpatch'Daze celebration sonal wish is.to find 5ot31l6r
early Friday morning.The annual Krazy Daze event is sponsored by the Downtown Paso Atascadero—The Atascadero
Robles Main Street Program.The theme this year was Lil'Abner s Dogpatch,hence the elecCity Council ted George Highland as the ning ht with sand ratalents ta
an gemein ntlede
"hillbilly'costumes and events. Mayor for fiscal 1995-96 and ship.
Councilman Ray Johnson, who Highland also would like
wasn't present, was elected pursue the possibility of combi:
proposed Joint Powers agree- Mayor Pro Tem for the
Salinas Dam ment between the County and same term. _the flnarices Of the City are
Zone 17 which has not been acted In an exclusive in-
Continued from page 1 upon by the Board of Supervi- terview with The Citi- manageable as long as the Cc
sors as yet. zen Mayor Highland
the Corps permit this is a logi- The staff report indicates that said he will use the dis- keeps a tight Control on the I
cal way to end that problem with these efforts are practically a cretion of the chair to Mayor Highland
the State" McCarthy did say, done deal.The report states,"Fol- keep a tight reign on functof
however."I don't think this gives lowing Council approval, the the meetings and cut down on i ag some sntoi a Public other
c
them any additional advantage agreements will be presented to some of the extraneous talk but, p
on the expansion(of the Salinas the County Board of Supervisors generally, he sees his task as Department with a staff Ci
River Dam)." as the board of the Flood Con- keeping the ship of state on its tEngineer resent t ontra he d ed instead
McCarthy did acknowledge trol and Water Conservation Dis- present course. P
y trict for approval. Highland noted.that this [Highland did not indicate a
that this action may affect Paso pp very dissatisfaction with the job cl
Robles' standing in the pending 'Once the agreements have Council works well together. rent] being done by Contr:
State hearings.however. been executed by both the City Although there is a great diver- Cit En sneer Steve Contri
Mayor George Highland Of and County,staff will begin work sit of political viewpoints each merely a reference organs:
Atascadero indicated that many with the Corps, our consultant member has a great eal of re-
merell for a staff de rgani:
of the jurisdictions in the North and other involved agencies to spect for the sincerityof ever head.] Y
artnit
County are more concerned complete the ownership transfer." other member.He noted that the
about the second matter and The words"complete the own- community itself contains a Regarding comments by C
may join in the discussion at the broad political spectrum and the Treasurer Micki Korba Highly
y j ership transfer" appear to indi Council reflects that•as it should. said he feels the finances of
City Council on Wednesday. cate that an agreement is already Cit are manageable as long
The second item is entitled in place waitingfor certain tech- Highland doesn't expect to Y
make any major changes in the the Council keeps a tight c
"Salinas Reservoir Expansion nicalities to be met. trot on the budget. He
Project Ownership Transfer The report does indicate that appointments of the Council g
acknowled es Korba's v.
Agreements" This is a proposed there is an additional cost in members to various committees.
He is taking into consideration `However,"he said."we(the%.;oagreement between the City of studies before the property cil)must provide the services
San Luis Obispo, the County of transfer cab be completed That the ability of each member to
San Luis Obispo and Zone 17 of cost is estimated at between
attend meetings at various times community demands"
the San Luis Obispo County s100.000 and $400,000. A more of the day or night in light of d said ingThePrin't see
Flood Control and Water Conser- definitive figure is expected to be their regular employment or land said that he can't see
vation District. presented to the City Council in business obligations. In that mechanism for funding the r,
light,he may be considering one vation of the building other t
The purpose of the agreement the near future.
is to designate the County as the The San Luis Obispo City or two minor changes with the private subscription concurrence of the council mem- public support of the proojerec
party to own the facility if it is Council will meet Wednesday,
bers involved said"I don't want this to bec
m.
purchased from the Corps of July 5,at 7 pin the City Coun- Council members in a "Gen- a White Elephant"He indic
Engineers. That sale has been cil chambers of City Hall. eral Law City", such as. that he has concerns about
under consideration for a num- The minor item is the first ability of the Atascadero R,
ber of years with The Corps item after Council minutes.The Atascadero and other cities in Y
wanting to deal with an agreed this County except San Luis —�
second, more controversial,item Obispo, don't hold full time of-
upon entity. will not be heard until the third fices. They are citizen members
A question being raised is, last item on the 15 item agenda, and.participate in the normal
"Where is Zone 17?"That answer after two public hearings on commerce and life of the commu-
reportedly is"Nowhere.Yet"How- funding under "grants-in-aid" nity. {
ever,it reportedly will be the geo- and the review of two public His efforts concerning current
graphical area within the city safety studies.
limits of the City of San Luis Unless its position is changed issues and problems will be ex-
Obispo. If so the dam and reser- pended to see that the Building !
voir would need to be operated on the agenda• it is reasonable Department moves swiftly on :p
to expect this item to be heard Former Mayor David Bewley's
for the primary benefit of that sometime after 11 p.m. This is a efforts to reduce the require-
zone and representation on any
elected board ofdirectors would ploy that is frequently used to ments, streamline the process
reduce the amount of public tes- and simplifythe forms for per-
be entirely residents of the City timon in controversial matters.
of San Luis Obispo. y mit$. Regarding the vacancy ft-
the
31 page agreement is the the position of Planning DfrecJoe Kelly .
tor, due the retirement c�„eid,..fa5ahMtAnS.,. ,
subject on the agendas Wednes- Henry Engen. he says his per-
r-
day night.An attachment is the
V �
WARREN A.SINSHEIMERIII ...NSHEIMER, SCHIEBELHUT& BAGGE,. .
ROBERT K.SCHIEBELHUT STREET ADDRESS
K.ROBIN BAGGETT. A PROFESSIONAL CORPORATION
MARTIN J.TANGEMAN ATTORNEYS AT LAW 1010 PEACE STREET
THOMAS M.DUGGAN FACSBv1II,E
MARTBJP.MOROSKI" NCIL POSTOFFICEBOX3I
DAVID A.JUIME ❑ CDD 01q 805-541-2802
STEVEN 1.ADAMSKI ❑ FIN DIR
IS OBISPO,CALIFORNIA 93406-0031
THOMAS D.7GREEN �m( 805-541.2800
M.SUZANN9FRYER CAO ❑ FIRE CHIEF
ROYE.OGDEN •� EY ❑ PW DIR
CYMMA CunEIR-A CLERKIMG D
SUSAN S.WAAc LICE CHF CLIENT: 0293020
THOMAS J.MADDEN ❑ MOW TEAM ❑ EC DIR
MICHELLESTEVENM..A.ROS .D C FILE UnL D{R July 5, 1995 MEETING AGENDA
STEVEN M.CHANCEY. ,;
MALA HUTKIN 1; ❑ PER9:6(bi DATE 7S' �S ITEM #
Honorable Mayor Allen Settle VIA HAND DELIVERY
990 Palm Street
San Luis Obispo, California 93401
Re: Salinas Reservoir Expansion Project
Dear Honorable Mayor Settle:
I represent the Atascadero Mutual Water Company("AMWC"). I am writing to inform the
Council of AMWC's objections to the following two agenda items for the Council's July 5, 1995
Agenda: (1) C-2 -- Salinas Water Rights Permit Modification and (2) 134 — Salinas Reservoir
Transfer Agreements.
The City of San Luis Obispo ("City") has recently been trying to improve communications
with North County entities, including AMWC. Efforts have included meetings of both elected
officials and staff. These efforts have been generally positive and have the potential of improving
relations between the two areas on several important issues, including the issue of water.
Approval of these two agenda items would represent a disappointing digression from these
recent efforts.
As to the Transfer Agreements,these documents address several matters of deep concern to
North County entities, including AMWC. Many of these concerns have been conveyed to the City.
Unfortunately, none have been substantively addressed, no meaningful effort has been made to
reconcile these differences and the Council is now being asked to give final approval to these
agreements.
I believe that AMWC and other North County entities are willing to continue a dialog with
the City on these issues. However, approval of these agreements by the City at this time,without
a constructive effort to address and resolve our differences may well be viewed as an abandonment
by the City of any meaningful desire to improve relations with these entities.
RECEIVED
JUL 3 1445
4e o
CITY CLERK
SAN LUIS OBISP!l.
Honorable Mayor Allen Settle
July 5, 1995
Page 2
Set forth below are some of the objections we have to the City proceeding with these
agreements at this time. The following is not an attempt to fully analyze each issue which may exist.
irst,AMWC objects to authorization of any binding agreements pending approval of a final
EIR on the Salinas Reservoir Expansion Project. Neither the City,the County nor any of the North
County entities are capable of fully addressing the various issues raised by this transfer unless and
until the final EIR is completed and approved.
Second, AMWC is concerned that the agreements, as proposed, attempt to tie the hands of
the Board of Supervisors in future actions concerning the Salinas Reservoir and the rights of all
interested parties. This is of particular concern in light of the fact that the EIR has not been
completed or certified.
Paragraph 4A of the Transfer Agreement states that "Zone 17 and the County agree to
endorse and cooperate with the City in the furtherance of the City's Salinas Reservoir Expansion
Project....Zone 17 and the County agree to cooperate with the City as the City accomplishes any
necessary mitigation measures identified in the City's...environmental review or other
documentation...." Thus, the City is extracting from the County the promise that it will support the
expansion regardless of the potential impacts and regardless of whether any mitigation of impacts
is called for in the final EIR"or other documentation". Further, it appears that the County is bound
to whatever the City determines is an appropriate form of mitigation.
The staff report indicates that this provision is necessary to "insure that if the property is
transferred, the County will not obstruct the reservoir expansion project. This is an essential
component of the agreement and is necessary to insure that the expansion project will not be blocked
by the Board of Supervisors following property transfer."
AMWC has informed the City of its concerns related to this language. From discussions
with both City and County officials, AMWC understood that requiring the County to endorse the
expansion would not be a component of these agreements. AMWC is greatly concerned that despite
these reassurances, this language remains virtually unchanged.
Paragraph 5A of the Transfer Agreement restricts the right of the County to seek to modify
in any way the City's water rights concerning the Salinas River. AMWC does not understand the
need for this language. Any interested party, including the County, should have the right to
challenge the City's water rights or to seek modification of such rights. There is no reason AMWC
can see for having the County waive this right for all time as part of a transfer of this property.
Honorable Mayor Allen Settle
July 5, 1995
Page 3
Paragraph 5A further provides that the County will operate the Salinas Reservoir in a manner
that will achieve the purpose of appropriating water for the benefit of the City. It should be made
clear that the Reservoir is being operated in a manner to facilitate the interests of all parties,
including those holding water rights downstream such as AMWC.
Third, the agreements refer to Zone 17 of the San Luis Obispo County Flood Control and
Water Conservation District. It is AMWC's understanding that Zone 17 has not been created.
However,AMWC has been told that Zone 17 will probably be only the City. North County entities
and residents have a great interest in the Salinas Reservoir from both a recreation and water resource
standpoint. However,AMWC does not see how they will have input in the operation of Zone 17.
Fourth,related to the prior point, it appears that potential liability of North County residents
for any potential damage from a dam failure or similar problem is greatly increased with the transfer
of these properties to Zone 17. At present, the Army Corp of Engineers,the County and the City
are all parties who may be potentially liable if any such problem arises. As a result of the transfer,
liability appears to be limited to just the City and, under certain circumstances, Zone 17 and the
County. Further, it appears that the City would be the sole entity financially responsible for the
operation and maintenance of the Salinas Dam. It would appear unlikely that the City and the
County would be able to financially respond to a dam failure or similar disaster, particularly in light
of modem budget constraints.
Fifth,paragraph 9A provides that the City shall have full authority to prohibit any activity
at the Salinas Reservoir which is determined to adversely effect water quality, including restricting
recreational uses of the lake. The City is empowered to prohibit such activity even though there may
be feasible and inexpensive ways to mitigate a specific water quality impact. There is no incentive
for the City to be reasonable in this issue.
As indicated,these are just some of the issues AMWC feels needs to be addressed by the City
before these agreements are approved. AMWC remains willing and interested in maintaining a
dialog with the City to address these and other issues of conflict. However, if the City approves
these agreements without working closely with AMWC and other North County entities, it can only
assume that the City is not equally committed to such a dialog.
There are no time constraints which require approval of these agreements at this time. If the
City is sincere in its stated goal of improving relations with north county and working towards
mutually beneficial goals it should table both of these agenda items and recommend that staff work
with the various north county interests to address these and related concerns.
Honorable Mayor Allen Settle
July 5, 1995
Page 4
Finally, I request the opportunity to address the City Council on the matter of the Transfer
Agreements at tonight's-meeting.
Sincerely yours,
SINSHEIMER, SCHIEBELHUT & BAGGETT
--
STE EN J. S
SJA:alr
g:\Itr\amwc\26settIe.705
cc: Councilman Dave Romero (via hand delivery)
Councilman Bill Roalman (via hand delivery)
Councilwoman Kathy Smith (via hand delivery)
Councilwoman Dodie Williams (via hand delivery)
City Attorney Jeffrey G. Jorgensen (via hand delivery)
Utilities Director John Moss (via hand delivery)
t/Water Division Manager Gary Henderson (via hand delivery)
Ken Weathers (via telecopy)
MEMORANDUM
DATE: 7/3/95
SUBJECT: City of SLO, Salinas Reservoir Transfer Agreement
Honorable Mayor and Council:
The City of Paso Robles wishes to have you reconsider the adoption
of the Salinas Reservoir Ownership transfer agreements. The reasons
for reconsideration are:
A. The North County Communities and the City of San Luis
have recently embarked on a path towards reconciliation
and attempts to work together jointly on the Nacimiento
Water project. The efforts that have been put forth by
all of us may be wasted if the SLO Council continues on
this path to expedite the Salinas Dam Project. The
execution of these documents, shortly after reassurances
by members of your Council of working together on
Nacimiento as the number one countywide project may be
interpreted by some to be inconsistent.
2. The agreements as written are incomplete as they do
not provide for balanced control arrangement between the
City and the Flood control District. In fact, these
agreements out SLO in primary control of the dam dam
operations, and dam releases to the North County
communities.
1
For example, Section 4A states that "Zone 17 and the
County agree to endorse and cooperate with the City in
the furtherance of the City's Salinas Reservoir Expansion
Proiect" . . . we believe this is not reasonable since all
of the impacts of the project to the North county are not
yet defined.
Section 3 B. states that if the County Engineer objects
to any of the City' s plans for dam modification, that the
City can ignore the County' s objections and continue with
the project. The County is the only third party who' s
interests transcend the City of SLO's interests. We would
request this section be modified to protect the County
interests.
Finallv. Section 5B also states• "Upon transfer of
ownership of the Project to Zone 17 Zone 17 will
continuously operate and maintain the Salinas Dam and the
Salinas Reservoir in a manner that will achieve the
Purpose of appropriating water under Permit No 5882 for
the benefit of the City. No mention is made of the
overriding concern of operating the dam for the benefit
of the downstream users having either riparian and
allocated water rights primary to and advance of any
storage of water to the dam.
2
In conclusion, if Nacimiento water is truly the City's
primary water project, we feel the timing of this
agreement is not at?brotiriate until the Nacimiento Water
Proiect is designed and funded We also feel that SLO
will be acting in bad faith toward the North County
communities, which may again raise a call to action that
could be avoided, if SLO will cooperate with all parties
in seeking joint water solutions to the benefit of all.
jrm\ctymgr\dam7-3.mem
3
Iola 1979
CITY OF ATASCADERO
CAM DF,�/
July 5, 1995
City Council
City of San Luis Obispo
Dear Mayor and Members of Council:
My name is George Highland. I am Mayor of the City of Atascadero. I am
here to express concerns the City of Atascadero has regarding the proposed
Salinas Reservoir Ownership Transfer Agreement.
Over the course of the past few months, the Upper Salinas River Basin
water users have repeatedly been assured, by officials of the City of San Luis
Obispo, that we would be consulted with and our concerns would be openly
addressed during the Salinas Reservoir ownership transfer and possible expansion
of the reservoir capacity. Tonight's discussion of and possible action on a transfer
agreement causes me to question the sincerity of those assurances. I can't help
but wonder if we have been the victims of a public relations campaign designed to
lull us into a false sense of security.
Specifically, the City of Atascadero is opposed to the following provisions of
the proposed Salinas Reservoir Ownership Transfer Agreement:
1. Reference to Zone 17 of the San Luis Obispo Flood Control and Water
Conservation District. Zone 17, at this time, does not exist. There
are no defined boundaries. We have been informed that preliminary
discussions have suggested the boundaries of such zone be congruent
with the city limits of the City of San Luis Obispo. We cannot accept
boundaries that exclude the Upper Salinas River Basin water users
and, indeed, the land on which the reservoir and dam themselves are
located.
2. The requirement that the County and Zone 17 must agree to endorse
and cooperate with the City in furtherance of the reservoir expansion
project. We question both the legality and advisability of committing
future Boards of Supervisors to a project with which they may not
agree.
In summary, we suggest the proposed agreement has not, nor does not,
address the concerns and needs of the water users of the North County.
Sincerely,
ADMINISTRATIVE OFFICES • 6500 PALMA AVENUE ATASCADERO,CA 93422
City Council:(805)461.5086 City Manager:461-5010 City Clerk:461-5074 City Attorney:461-5010 City Fax:461-0606