HomeMy WebLinkAbout05/20/2003, C8 - PURCHASE MIOSSI ROAD WATERLINE EASEMENT COUnck M o Zcim
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CITY OF SAN LU 15 OBISPO
FROM: John Moss,Utilities Director
Prepared By: Dan Gilmore,Utilities En
SUBJECT: PURCHASE MIOSSI ROAD WATERLINE EASEMENT
CAO RECOMMENDATION:
Approve the easement agreement and authorize the purchase of the Miossi Road waterline
easement in the amount of $30;000 to provide for the eventual construction of a waterline
replacement project, and authorize the transfer of$1,000 to the project account for miscellaneous
project related expenses.
DISCUSSION:
The City's Reservoir#1 is a facility that stores 7.5 million gallons of treated water. Water moves
into and out of the reservoir by way of a 16" steel pipeline that pre-dates Highway 101. The
waterline has had multiple failures near the reservoir, and is in generally poor condition. The
pipeline crosses Highway 101 in two locations, resulting in substantial concern. The proposed
alignment for the new pipeline runs along Miossi Road, which is also the old State Highway. The
new alignment is desirable for several reasons. Primarily, the new alignment avoids the two
freeway crossings, resulting in lower cost and simplified access. The proposed alignment also
avoids the area of Reservoir Canyon just southerly of the freeway where the City may construct
flood control facilities. Avoiding this area is important, since it may be periodically inundated if the
flood control project is completed.
For the past several months, staff has been working with the property owners to negotiate the
subject easement. The waterline easement was appraised, and subsequent negotiations with the
property owners resulted in a proposed compensation of$30,000 for the purchase of the easement.
The property owners have agreed to this amount, and staff (including the Assistant City Attorney
and the City Engineer)feels that it is fair compensation for the easement.
The waterline connecting Reservoir #1 to the water distribution system was partially replaced in
2002. Project No. 90230 replaced the waterline from the Motel Inn to the entrance to Cuesta Park.
Replacing the remaining portion of the waterline, Project No. 99211, requires the proposed
easement which runs along Miossi Road from the Cuesta Park entrance to Reservoir#1. Unspent
contingency money from Project No. 90230 is adequate to purchase the required easement for
Project No. 99211. Staff will return with recommendations for funding the waterline construction,
when the project plans and specifications come before Council for approval.
l
Council Agenda Report—Purchase Miossi Road Waterline Easement
Page 2
FISCAL IMPACT:
Funding for this project was approved with the 1995-97 Financial Plan, and again with the 1997-99
Financial Plan. Difficulties negotiating the necessary easements resulted in delays to the project,
and the funding was subsequently returned to Water Fund working capital. Unspent contingency
funding from Project No. 90230 is adequate to pay for the required easement. A budget amendment
request has been prepared to move $31,000 from the remaining balance in the Project No. 90230
account to the Project No. 99211 account to pay for the required easement and miscellaneous
expenses. Staff will return with recommendations for funding the waterline construction project
when the plans and specifications come before Council for approval.
ALTERNATIVES:
Defer the project Deferral of this project is not recommended, since the waterline is in poor
condition and it crosses Highway 101 in two locations. If this waterline breaks under the freeway,
the results could be disastrous.
Attachments:
Permanent Waterline Easement Agreement
Electronic File Path:
G:\Council Agenda Reponsi2003 Council Agenda Reports\Mtossi Easement CAR
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Recording requested by: & (for Recorder's use only) ATTACHMENT 1
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CITY OF SAN LUIS OBISPO
When recorded, mail this agreement to:
City Clerk's Office
P.O. Box 8100
990 Palm Street
San Luis Obispo,CA 93403-8100
PERMANENT WATERLINE EASEMENT AGREEMENT
THIS AGREEMENT is made and entered into this day of 2003 by and
between the City of San Luis Obispo, a municipal corporation, hereinafter referred to as"City", and Harold
J. Miossi, Geraldine F. Powell, Bernard E. Miossi,Margaret A. Emerson, and Arthur G. Miossi; hereinafter
referred to as "Owners". The subject properties are located in and adjacent to the City limits of the City of
San Luis Obispo,California,at: 2500 Miossi Road.
WITNESSETH•
WHEREAS, City is planning a project to replace an existing waterline that connects an existing potable
water storage reservoir to the public water distribution system serving the City of San Luis Obispo;and
WHEREAS, Owners possess certain real properties situated along the desired route of said water pipeline
project;and
WHEREAS,City desires to acquire an easement on, in,and across said real properties for public waterline
purposes.
NOW,THEREFORE,it is mutually agreed by the parties hereto as follows:
1. Owners hereby grant to City an easement over that portion of the real property
described as Parcel 8, in the Joint Certificate of Compliance recorded with the County
of San Luis Obispo on April 30, 1998, in Document Number 1998-025030, hereafter
called "Subject Properties". Said grant of easement conveys to City an estate and
interest in that portion of the Subject Properties as described in Exhibit A, and as
illustrated in Exhibit B, attached hereto and made a part of this agreement. The
easement is for the purpose of waterline construction, installation, operation, access,
maintenance, repair, upgrade, replacement, and other related activities. Maintenance
activities could include efforts to control erosion caused by the existence of the
waterline. City also plans to install a 2" communications conduit along with the new
waterline, for City use only, to monitor, operate, and control certain equipment related
to the water system
2. The City hereby agrees to pay Owners the sum of thirty thousand dollars ($30,000) for
said easement. Payment shall be made within thirty (30) days after the recordation of
this easement agreement.
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3. This easement is non-exclusive. Owners retain all other rights to the property covered
OACHMENT
by this easement and can utilize the property for any purpose, so long as it does not
unreasonably interfere with the City's ability to access, operate, or maintain the
waterline.
4. This easement shall be permanent,so long as the City continues to use the easement for
water distribution related purposes. In the event that City determines or the owners can
establish to the satisfaction of the San Luis Obispo County Superior Court that the
easement is no longer needed for the public waterline,or if the City does not utilize the
easement for water distribution related purposes for a period of five years, City shall
execute a quitclaim deed of any such rights or interests in said easement.
5. The City will restore the surface of any disturbed areas to as near the pre-construction
condition as possible. The City, at its discreti6n, may place asphalt over any
excavation that is outside of the old concrete road.
6. The City shall, at all times, have the right to access that portion of Subject Properties
known as "California State Highway Route 2-D" or"Miossi Road",which is currently
a private road, for any purpose connected with the operation or maintenance of the
waterline (inspection, testing, repairs, replacement, maintenance, emergency work,
etc.) and the exercise of any and all rights secured to it by this agreement and as
provided by law.
7. The terms contained herein shall be binding on the parties hereto and their heirs,
successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first
above written.
CITY OF SAN LUIS OBISPO,
Attest: A Municipal Corporation:
By: By:
Lee Price,City Clerk David F.Romero,Mayor
Approved as to content: Owners:
By: By:
John E.Moss,Utilities Director Harold J.Miossi
By:
Approved as to form Geraldine F.Powell
B . By:
than P.Lowell,City Attorney Bernard E. Miossi
By:
Margaret A.Emerson
By:
Arthur G.Miossi
Page 2
ATTACHMENT 1
Exhibit A
Description of Waterline Easement
An eight (8') foot wide permanent easement and 40 foot wide temporary construction easement for the
purpose of constructing, maintaining, operating, reconstructing, repairing, removing and replacing a
water transmission/distribution main, City communications conduit, and associated accessories and
appurtenances, situated within the Southeast 1/4 of the Southwest '/4 and the Southwest 1/4 of the Southeast
1/4 of Section 24, Township 30 South, Range 12 East M.D.B.M. Said strip of land is bounded on the
Southwest by City right of way known as Loomis Street and bounded on the northeast by a parcel of land
conveyed by Frank Tate to the City of San Luis Obispo by deed dated December 2, 1910. Said strip of
land is contained within the boundaries of the abandoned California State Highway Route 2-D right-0f-
way.
The Basis of Bearing for this easement is the Southeasterly right-of-way line of the old California State
Highway Route 2-D, between Engineering Stations 22+99.62 and 27+50.00 noted as S59°56'30"W on
the Record of Survey filed in Book 5, Page 98 of Licensed Surveys, San Luis Obispo County Recorder's
Office.
The centerline of said easement is described as follows:
Beginning at a point on said southeasterly right-of-way line, said point noted as "C.H.0 Eng. Sta.
22+99.62" on said Record of Survey, thence, from a tangent which bears S59°56'30"W, along a
curve to the left having a radius of 228.60 meters (750 feet), through and angle of 15°08'23", a
distance of 60.40 meters, (198.16 feet) more or less, to a point which intersects a projection of the
northerly right-of-way line of the old County Road No. 1 having a bearing of N89°50'00"W; thence
N89050'00"W a distance of 16.40 meters (53.81 feet), more or less, along said projection to a point ,
said being the True Point of Beginning;
Thence,N10°51'33E a distance of 14.03 meters (46.03 feet);
Thence, from a tangent which bears N44°49'42"E, along a curve to the right, concentric with and
4.27 meters (14 feet) to the left of the centerline of said old State Highway, with a radius of 248.11
meters (814 feet),through and angle of 15°06'48", a distance of 65.45 meters(214.73');
Thence, continuing along a line parallel to said highway centerline,N59°56'30"E a distance 224.64
meters (737.01 feet);
Thence, along a curve to the right, concentric to said highway centerline, with a radius of 309.07
meters (1,014 feet), through an angle of 46°15'23"a distance of 249.52 meters(818.64 feet);
Thence, S28°32'34"E a distance of 12.17 meters (39.93') to a point 4.27 meters (14') to the right of
said old State highway centerline;
Thence, S72°36'30'E, along a line parallel to and 4.27 meters (14') to the right of said old State
Highway centerline, a distance of 231.58 meters (759.78') more or less, to a point on the westerly
most boundary line of the parcel described under Part III in the deed from Frank Tate to the City of
San Luis Obispo recorded in Book 87 of Deeds at page 191, running between stakes R.13 and R.14
having a course described as "thence N24°45'W 199.8 feet to stake R. 13" aid point being the
terminus of the centerline of said easement. '
;, ,.
The sidelines of said easement are foreshortened or lengthened so
as to terminate at the intersections with the northeasterly andgs
southwesterly boundaries. = ..
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Page 3
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ATTACHMENT 1
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CENTERLINE Of PROPOSED 2.44M
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LENGTH=797.39 M (2.616.1 LFA
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APR 2003 B
RESERVOIR NO. 1 WATERLINE
j Shc'1 LUIS 01315p0 MIOSSI EASEMENT U- (P
Public Works Department EXHIBIT B PAGE 4
955 Morro Street, San Luis Obispo, CA 93402
.1'
ATTACHMENT 1
Owner's Notarization
State of California }
County of San Luis Obispo )
On , 2003, before me, , Notary Public,
personally appeared , ( ) personally known to me or
( ) proved to me on the basis of satisfactory evidence to be the person(s) whose name
is/are subscribed to the within instrument and acknowledged to me that (s)he/they
executed the.same in his/her/their 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 acted,
executed the instrument.
Witness my hand and official seal.
Notary Public
Capacity claimed by signer(s):
( )
individual(s) ( ) corporation ( ) partnership ( ) attorney-in-fact ( ) political agency
Owner's Notarization
State of California }
County of San Luis Obispo)
On , 2003, before me, , Notary Public,
personally appeared , ( ) personally known to me or
( ) proved to me on the basis of satisfactory evidence to be the person(s) whose name
is/are subscribed to the within instrument and acknowledged to me that (s)he/they
executed the same in his/her/their 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 acted,
executed the instrument.
Witness my hand and official seal.
Notary Public
Capacity claimed by signer(s):
( ) individual(s) ( ) corporation ( ) partnership ( ) attomey-in-fact ( ) political agency
Page 5
ATTACHMENT 1
Owner's Notarization
State of California }
County of San Luis Obispo )
On , 2003, before me, , Notary Public,
personally appeared ( ) personally known to me or
( ) proved to me on the basis of satisfactory evidence to be the person(s) whose name
istare subscribed to the within instrument and acknowledged to me that (s)he/they
executed the same in his/her/their 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 acted,
executed the instrument.
Witness my hand and official seal.
Notary Public
Capacity claimed by signer(s):
( ) individual(s) ( ) corporation ( ) partnership ( ) attomey-in-fact ( ) political agency
Owner's Notarization
State of California }
County of San Luis Obispo }
On , 2003, before me, , Notary Public,
personally appeared , ( ) personally known to me or
( ) proved to me on the basis of satisfactory evidence to be the person(s) whose name
is/are subscribed to the within instrument and acknowledged to me that (s)he/they
executed the same in his/her/their 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 acted,
executed the instrument.
Witness my hand and official seal.
Notary Public
Capacity claimed by signer(s):
( ) individual(s) ( ) corporation ( ) partnership ( ) attomey-in-fact ( ) political agency
Page 6 Cg n
ATTACHMENT 1
Owner's Notarization
State of California }
County of San Luis Obispo}
On , 2003, before me, , Notary Public,
personally appeared ( ) personally known to me or
( ) proved to me on the basis of satisfactory evidence to be the person(s) whose name
is/are subscribed to the within instrument and acknowledged to me that (s)he/they
executed the same in his/her/their 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 acted,
executed the instrument.
Witness my hand and official seal.
Notary Public
Capacity claimed by signer(s):
( ) individual(s) ( ) corporation ( ) partnership ( ) attomey-in-fact ( ) political agency
City's Notarization
State of California }
County of San Luis Obispo )
On , 2003, before me, , Notary Public,
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
(s)he/they executed the same in his/her/their 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.
Notary Public
Capacity claimed by signer(s):
( ) individual(s) ( ) corporation ( ) partnership ( ) attomey-in-fact ( ) political agency
Page 7 CIM