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HomeMy WebLinkAbout12/02/2003, C8 - WATER REUSE PROJECT-COWAN EASEMENT PURCHASE 1 council Web, j acEnaa Report ®N g CITY OF SAN LUIS OBISPO FROM: John E. Moss,Utilities Director Prepared by: Katie DiSimone,Water Projects anager SUBJECT: WATER REUSE PROJECT-COWAN EASEMENT PURCHASE CAO RECOMMENDATION 1. Approve easement purchase agreement with Mr. Craig Cowan to allow for the construction of the Water Reuse distribution pipeline project, for permanent waterline easement as described in Exhibit B of Attachment 3, at a cost of$51,500. 2. Authorize staff to execute the necessary supplemental escrow paperwork to complete the easement purchase. DISCUSSION As part of the Water Reuse Project, a recycled water pipeline will be constructed on the cross- country section of land from the east end of the current Prado Road easterly to the Damon-Garcia Sports Fields. This area is part of the Margarita Annexation Area. There are five primary landowners in proximity to the pipeline alignment; DeBlauw, Cowan, Martinelli, Damon-Garcia, and Unocal. The pipeline alignment, as it is currently proposed, will involve obtaining easements from DeBlauw, Cowan, and Damon-Garcia. The City Council previously approved purchase of the Damon-Garcia easement at the October 21, 2003 Council Meeting for $45,000, and that purchase has been completed. This easement purchase agreement is for an easement on the Cowan property. It consists of a 15 foot wide permanent waterline easement along the southerly 15 feet of the Cowan property. This permanent waterline easement will provide the necessary separation from exiting potable water lines. The easement location is shown on Attachment 1. For the past several weeks, staff has been working with Mr. Cowan to negotiate the subject easement. The waterline easement was appraised for $51, 500. The property owner has agreed to this amount, and staff feels that it is fair and appropriate compensation for the easement. FISCAL IMPACT Approval of the recommended.Cowan easement purchase agreement for the Water Reuse Project will cost$51,500. The remaining Water Reuse Project easement purchase on the DeBlauw property is also on this Council Meeting agenda. Funding is adequate to complete acquisition of both the DeBlauw and Cowan easements. Currently, the construction phase of the project has sufficient budget for these purchase agreements. Council Agenda Report—Water Reuse Project- Cowan Easement Purchase Page 2 Council approved a total project budget of$18,262,500 in the January 21, 2003, bringing the total available Water Reuse Project construction funding to $14,622,657.10. Project construction contracts, including 10% contingency, equal $11,512,500. At mid-year, staff will bring a recommended reduced project budget to Council that will reflect the favorable construction bids received and an updated analysis of the Water Reuse Project mitigation costs. ALTERNATIVES Negotiate easements with alternative property owners: Alternate easement agreements would need to be negotiated with Martinelli and Unocal if the Council decided not to approve the Cowan and DeBlauw/Kitman easements. Those negotiations could take a significant amount of time and delay construction. Additionally, added construction costs would be likely on the Martinelli and Unocal properties related to special handling of contaminated soils encountered during trenching. This alternative is not recommended. Attachments 1. Water Reuse Project Map 2. Agreement for Grant of Easement 3. Easement Deed and Agreement Electronic File Path: GACou dAgmda Repo 12003 Couwd Agaub RepamlCox Fa mart CAR.doc Attachment I Ag (L CL, • W,j Li- .l. . ........ E O\ 0 C36 �Jl Co 0 4.0 E 9 E LU UL ra LL a. Cd Cd CD 4, CD Co CU 0 (D 4C LU S CL CD w oP a) 0 L- CD 0 M CL Cu z CL (D 9L IL 75 X CO) 0 r. w O (D CL CL Attachment 2 -- (slo/water re-use/cow uV w agree) . (11-19-03) PARCEL NO.: 053-022-013 (San Luis Obispo County) PROJECT: City of San Luis Obispo—Water Re-use Project TITLE REPORT NO.: 805769, Cuesta Title ESCROW NO.: AGREEMENT FOR GRANT OF EASEMENT (WITH ESCROW INSTRUCTIONS) THIS AGREEMENT is made and entered into by and between Craig Alan Cowan, Trustee of the Craig Alan Cowan Revocable Trust, hereinafter called"Grantor," and The City of San Luis Obispo, a Chartered Municipal Corporation, hereinafter called "City." An Easement Deed and Agreement ("Easement Deed") covering the property rights particularly described therein, has been executed by Grantor concurrently with this Agreement and delivered to City representatives. In consideration of which, and other considerations hereinafter set forth, it is mutually agreed as follows: 1. The parties have herein and in the Easement Deed set forth the whole of their agreement. The performance of this Agreement and the terms of the Easement Deed constitute the entire consideration for said Easement Deed and shall relieve the City of all further obligation or claims relating to the acquisition of the Easement, which is being acquired by City for a proposed public improvement (hereinafter referred to as the"Project"). 2. The City shall: A. PAYMENT - Pay to the order of the Grantor the sum of Fifty-One Thousand Five Hundred Dollars ($51,500), which, along with the performance of this Agreement and the terms of the Easement Deed, shall be consideration in full for the real property interests being conveyed in the referenced Easement Deed, for the loss, replacement and moving of any improvements, and for entering into this Agreement. Said sum shall be paid upon the close of escrow, which shall occur when title to said real property interests has vested in City free and clear of all liens, encumbrances, assessments, easements and leases, recorded or unrecorded, except for recorded public utility easements and public rights of way. I/6 Cq 4 ATTACHMENT 2 -- (slo/water re-use/cowan/rw agree) (11-19-03) B. MISCELLANEOUS COSTS - Pay any and all escrow, title insurance, documentary transfer taxes, and recording fees incurred in this transaction. C. CLEARANCE OF BONDS- ASSESSMENTS, OR DELINQUENT TAXES - Have the authority to deduct and pay from the amount shown in Clause 2.A. above any amount necessary to satisfy any bonds, demands, delinquent taxes due, together with penalties and interest thereon, and/or delinquent and unpaid non-delinquent assessments which have become a lien at the close of escrow. D. PROPERTY RESTORATION - Generally restore the surface of the easement areas described in the referenced Easement Deed to the condition that existed prior to City's Project construction, to the extent reasonably practical, except in areas where surface appurtenances such as markers, manholes, and access vaults may be located, which appurtenances shall be constructed, operated and maintained in a manner which shall not unreasonably interfere with Grantor's use of or access to the remainder of Grantor's property outside of the Easement area described in the referenced Easement Deed. Also excepting a tree that will need to be removed, which will not be replaced by City. E. INDEMNIFICATION - Indemnify, and hold harmless Grantor from any and all claims, damages, costs, judgments, or liability caused by City or its officers, employees or agents specifically arising from City's Project construction and restoration work on Grantor's property or as a direct result of City's operation or maintenance of City Facilities (as defined in the Easement Deed) on Grantor's property. F. RECORDATION OF INSTRUMENT - Accept the Easement Deed herein referenced and cause the same to be recorded in the office of the San Luis Obispo County Recorder at such time as clear title can be conveyed to the City. G. RELEASE OF LETTER OF CREDIT, SURETY — Release, as a condition of the closure of this easement transaction between Grantor and City, at no cost to Grantor, that certain Irrevocable Letter of Credit issued on June 26, 2003 by Coast National Bank, Reference No. 201- 102020, in the amount of$39,156.00, which had previously been provided by Grantor to City as security for the guaranty of payment for certain specific plan and area-wide planning and infrastructure at 910 and 950 Aero Drive, San Luis Obispo, California. The parties acknowledge that the obligations secured by such Letter of Credit have been assumed by the County of San Luis Obispo as the successor in interest to the property for which the security was given. Hereinafter, the City shall look to the County of San Luis Obispo for any required.surety for the Aero Drive property. 3. The Grantor: A. PAYMENT ON MORTGAGE OR DEED OF TRUST - Agrees that any or all monies payable under this Agreement up to and including the total amount of the unpaid principal and interest on the note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with the terms and conditions of said mortgage(s) or deed(s) of trust, shall upon demand(s)be made payable to the mortgagee(s) or beneficiary(s) entitled thereunder. 2/6 Cq fS� ATTACHMENT 2 --- - (slo/water re-use/cowan/rw agree) (11-19-03) B. LEASE INDEMN]FICATION - Warrants there are no oral or written leases on all or any portion of the easement areas described in the referenced Easement Deed, or if there are any such leases, Grantor agrees to hold the City harmless and reimburse City for any and all of its losses and expenses occasioned by reason of any lease of said property held by tenant of Grantor. C. PERMISSION TO ENTER - Hereby grants to the City, its agents and contractors, permission to enter upon the easement areas described in the referenced Easement Deed prior to the close of escrow for the purposes of preparation for and construction of the City's facilities, subject to all applicable terms and conditions contained in this Agreement and the associated Easement Deed, including, but not limited to the indemnification obligations under Section 2.E., above, which shall survive the termination of this Agreement. The rights granted herein include authorization to conduct pre-construction surveys and soil sampling and testing, as well as the right to commence Project construction. Specifically, Grantor hereby immediately grants City the right to enter and install a conduit for City's water pipeline, through the culvert area at the southwesterly side of Grantor's property. This entry authorization shall be effective as of the date of signature by both parties on this Agreement. If at any time prior to the installation of City's waterline and related facilities within the easement areas described in the referenced Easement Deed, and prior to the close of escrow, City discovers any physical condition of the Property, including but not limited to evidence of contamination by hazardous materials, which City deems unacceptable, City may unilaterally terminate this Agreement and cancel the escrow, by giving written notice to Grantor and escrow holder, without any further obligations or liabilities related hereto other than to restore the property to a comparable condition as that which existed prior to City's entry, and to indemnify Grantor for any claims arising out of work performed on Grantor's Property, pursuant to Section 2.E., above. C. GRANTOR'S KNOWLEDGE OF THE ENVIRONMENTAL CONDITIONS OF THE PROPERTY — Hereby represents and warrants that to the best of Grantor's knowledge and belief, throughout the period of ownership of the Property by Grantor, there has been no spill, discharge, release, cleanup or contamination of or by any hazardous or toxic waste or substance used, generated, treated, stored, disposed of or handled by the Grantor, his employees, and/or agents on or around the Property. Further, Grantor agrees to disclose to City, prior to the close of escrow, all studies, reports, and investigations, known to Grantor, concerning any pollution, toxic building materials or toxic hazardous substances or wastes located at, on, or under the Property. City acknowledges that the City is generally aware of contamination on Grantor's Property related to the nearby Unocal Tank Farm property and is in possession of the assessment report dated September 23, 1999, "Environmental Site Assessment: Serifino-Martinelli property, APN 076-341- 004, San Luis Obispo County California." City further agrees, during the duration of City's Project, to utilize its reasonable efforts to influence Unocal and/or the responsible parties for such contamination, to remove the contamination from the Easement Area and Grantor's adjoining property during the timeline of the construction of the Project, so long as such efforts do not conflict with nor slow the construction progress of City's Project. 4. The Parties agree: A. ESCROW - To open an escrow in accordance with this Agreement at an escrow company of City's choice. This Agreement constitutes the joint escrow instructions of City and 3/6 ��'� (slo/water re-use/cowan/rw afire) (11-19-03) Grantor, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to do all acts necessary to close this escrow in the shortest possible time. As soon as possible after opening of escrow, City will deposit the executed Deed by Grantor, with Certificate of Acceptance attached, with Escrow Agent on Grantor's behalf. City agrees to deposit the purchase price upon demand of Escrow Agent. City and Grantor agree to deposit with Escrow Agent all additional instruments as may be necessary to complete this transaction. All funds received in this escrow shall be deposited with other escrow funds in a general escrow fund account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by check from such account. Any taxes which have been paid by Grantor, prior to opening of this escrow, shall not be pro-rated between City and Grantor, but Grantor shall have the sole right after close of escrow, to apply to the County Tax Collector of said County for any refund of such taxes which may be due Grantor for the period after the waterline easement conveyance is completed. i) ESCROW AGENT DIRECTIVES -Escrow Agent is authorized to, and shall: a) Pay and charge Grantor for any unpaid delinquent taxes and/or any penalties and interest thereon, and for any delinquent assessments or bonds against that portion of Grantor's Land subject to this transaction as required to convey clear title. b) Pay and charge City for any escrow fees, title insurance fees, charges and costs payable under paragraph 2.13. of this Agreement. c) Disburse funds and deliver Deed when conditions of this escrow have been fulfilled by City and Grantor. d) Following recording of Deed from Grantor, provide City with a CLTA Standard Coverage Policy of Title Insurance in the amount of$51,500 issued by Cuesta Title Company, showing that title to the herein referenced easements is vested in City, subject only to the following exceptions, and the printed exceptions and stipulations in said policy: 1) Real Property Taxes for the fiscal year in which escrow closes; 2) Public utility easements and public rights of way; 3) Other items that may be approved by City in writing in advance of the close of escrow. ii) CLOSE OF ESCROW - The term "close of escrow", if and where written in these instructions, shall mean the date necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is hereby authorized. 4/6 Cg - �l AnA 2 — (slo/water r use/cowan/rw agcc) (11-19-03) TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE AS SOON AS POSSIBLE. If(except for deposit of money by Buyer, which shall be made by Buyer upon demand of Escrow Agent before close of escrow) this escrow is not in condition to close within 90 days of the date this Agreement is fully executed by the parties hereto, any party who then shall have fully complied with his instructions may, in writing, demand the return of his money or Property-, but if none have complied no demand for return thereof shall be recognized until five (5) days after Escrow Agent shall have mailed copies of such demand to all other parties at their respective addresses shown in these escrow instructions, and if any objections are raised within said five (5) day period, Escrow Agent is authorized to hold all papers or documents until instructed by a court of competent jurisdiction or mutual instructions. If no demands are made, proceed with closing this escrow as soon as possible: B. ARTICLE HEADINGS - Article headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants and conditions of this Agreement. C. SUCCESSORS AND ASSIGNS - This Agreement shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto D. COUNTERPARTS - This agreement may be executed in counterparts, each of which so executed shall irrespective of the date of its execution and delivery be deemed an original, and all such counterparts together shall constitute one and the same instrument. E. COMPLETE UNDERSTANDING - This Agreement and the Easement Deed constitute the entire understanding between the parties with respect to the subject matter hereof, superseding all negotiations, prior discussions, and preliminary agreements or understandings, written or oral. This Agreement may not be amended except in writing by the parties hereto or their successors or assigns. F. CITY COUNCIL APPROVAL - This Agreement is subject to and conditioned upon approval and ratification by the City Council of the City of San Luis Obispo. This Agreement is not binding upon the City until executed by the appropriate City official(s) acting in their authorized capacity. G. ALTERNATIVE TO EMINENT DOMAIN — The parties to this Agreement acknowledge that City is a governmental entity, and that Grantor's willingness to convey the Easement referenced herein has been influenced by City's indication that the Property would be otherwise obtained through eminent domain proceedings pursuant to California Code of Civil Procedure Section 1240.010 et seq. H. SETTLEMENT PROPOSAL - This Agreement represents Grantor's settlement proposal and is expressly subject to and contingent upon City's acceptance and approval. Deposit into escrow of a fully executed copy of this Agreement constitutes acceptance and approval by ATTACHM 2 i (slo/water re-use/cowan/w agree) (11-19-03) City. In the event that such approval does not occur by December 17, 2003, this proposal shall be deemed rejected, and this agreement shall be of no force and effect. No Obligation Other Than Those Set Forth Herein and in the Easement Deed Will Be Recognized. GRANTOR: Craig Alan Cowan, trustee of the Craig Alan Cowan R vocable Trust Craig an Cowan, Trustee Date: //-/9-03 MAILING ADDRESS OF GRANTOR: Craig Alan Cowan 880 Spitfire Lane San Luis Obispo, CA 93401 CITY: City of San Luis Obispo A Chartered Municipal Corporation By: Date: MAILING ADDRESS OF CITY: APPROVED AS TO FORM: City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401THAN P. LOVV" City Attorney n%vcglal 119-cln.grant of easement j Attachment 3 (rev 11/19/03) Recorded at request of and When recorded return to: Hamner, Jewell & Associates Government Real Estate Services P.O. Box 3086 Shell Beach, CA 93448 A.P. No. 053-022-013 NO TAX DUE CITY OF SAN LUIS OBISPO EASEMENT DEED AND AGREEMENT Water Re-use Project FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Craig Alan Cowan, Trustee of the Craig Alan Cowan Revocable Trust hereinafter referred to as "Grantor," do(es) hereby GRANT to the CITY OF SAN LUIS OBISPO, a chartered municipal corporation ("CITY") the following interests in real property: A Permanent Easement in gross to survey, install, construct, reconstruct, enlarge, lay, alter, operate, patrol, remove, relocate, and to replace and maintain a water conduit, consisting of one or more underground water pipelines and related facilities. These related facilities may include but are not limited to markers, air valves, manholes, valves, meters, surge control devices, test stations, buried communication devices, buried electrical conduits and devices, pull boxes, and all related incidents, fixtures, and appurtenances. The markers, test stations, pull boxes, blow off valves, air release valves, manholes, other related facilities, and turnouts may be located above ground or partially above ground, subject to the terms and,conditions of this agreement. This easement shall be in, over, on, through, within, under, and across the Easement Area of the Real Property as defined in this paragraph. The "Real Property" is in the County of San Luis Obispo, State of California and is described in Exhibit A, attached hereto and incorporated by reference herein. The"Easement Area" which comprises the Permanent Easement is described and depicted in Exhibit B, attached hereto and incorporated by reference herein. The Permanent Easement(s) described herein shall be SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1 of 5 ARACH fl 3 (rev 11/19/43) 1. The facilities and improvements installed in the Easement Area collectively are referred to herein as "City Facilities." Plans for City Facilities as they exist from time to time shall be maintained at the City's principal offices. City agrees that the City Facilities shall be constructed, operated, and maintained in a manner which shall not unreasonably interfere with Grantor's use of or access to that portion of the Real Property outside of the Easement Area. 2. City shall have the right of ingress and egress for personnel, vehicles, and construction equipment to, from, and along the Easement Area at any time, without prior notice, including the right to use lanes, drives, rights-of-way, and roadways within the Real Property which now exist or which hereinafter may be constructed, as shall be convenient and necessary for the purpose of exercising the rights herein set forth; provided, however, that nothing herein shall prevent or limit Grantor's rights to close such roadways, lanes, or rights-of-way, and to provide City with comparable reasonable alternative access to the Easement Area. 3. As the amount of earth or other fill over its City Facilities can affect the structural integrity of underground City Facilities; City shall have the right to maintain the height of earth or other fill over City's underground Facilities at the grade equivalent to that which exists upon completion of construction of City's Facilities, provided that the height of earth or other fill shall not unreasonably interfere with Grantor's use of or access to that portion of the Real Property outside of the Easement Area. Grantor shall not temporarily or permanently modify, or allow others to in any way modify, the ground surface elevation in the Easement Area from the elevation established upon completion of construction of the City's Facilities without the City's written consent, which consent shall not be withheld unreasonably.. Grantor shall not conduct, or permit others to conduct, grading operations, ripping, stockpiling, or use, or permit others to use, explosives within or proximate to the Easement Area to the extent that City Facilities may be damaged. 4. This easement is subject to all existing fencing, canals, irrigation ditches, laterals, pipelines, roads, electrical transmission facilities,and communication lines existing on the date this easement is granted, and all future uses which do not endanger or unreasonably interfere with City's exercise of the rights described herein, including the right to use the Easement Area for agricultural purposes, roadways, and surface landscaping excepting vegetation which endangers the integrity of City Facilities; provided, however, that City shall have the right to clear and keep clear from the Easement Area all explosives, buildings, structures, walls, and other facilities of a permanent nature, and any earth cover or stockpile of material placed without the City's written consent, which unreasonably interfere with City's use of the Easement Area. Grantor shall not construct, nor permit others to construct, such permanent facilities which conflict with City's ability to use the Easement Area. City shall have the right of exclusive use and possession within the Easement Area for a distance of two (2) feet in every direction around the outside surface of the City Facilities, provided that such City Facilities are located in a fashion which does not unreasonably interfere with Grantor's use of or access to that portion of the Real Property outside of the Easement Area. Subject to the foregoing, and in addition to any other legal and equitable remedies for violations of this paragraph, City shall have the right to do all things necessary and proper to remove any such vegetation, explosives; improvements, and materials. 2of5 /n C/ (rev 11/19/03) 5. Subsequent to the grant of this Easement, Grantor shall not grant any easements of any kind whatsoever to others in, over, on, through, within, under and across the Easement Area without the prior written approval of the City, which approval shall not be withheld unreasonably. 6. City hereby agrees that'this easement and the City Facilities to be located within such easement shall not be required to be relocated as a condition of future subdivision and development approval of the initial subdivision of the Real Property planned by Grantor. 7. In the event that Grantor, at the request of City or any agent or contractor of City for the protection of City's Facilities and operations, famishes any material, or incurs any expense whatsoever on account of the excavation for, construction, any reconstruction, maintenance, repair, change of location, removal of said City Facilities or otherwise, City shall immediately reimburse Grantor for the cost thereof after bills are tendered therefor. 8. The rights and privileges hereby conveyed are personal to City and shall not be assigned by City, in whole or in part, without the written consent of Grantor first being had. No written consent by Grantor hereunder shall be deemed a waiver by Grantor of any of the provisions hereof, except to the extent of such consent. 9. City shall be responsible for all costs incurred in complying with all Federal, State and local laws, rules and regulations which relate to hazardous substances and/or materials occurring within the Easement Area in conjunction with City's installation, operation, or maintenance of City Facilities after the date hereof, as such substances and/or materials are specified and defined by applicable Federal, State or local laws, rules or regulations. If the presence and/or release of hazardous material on or beneath said Easement Area caused or permitted by City occurs during handling, monitoring, transporting, storing, treating, using or disposing of hazardous material relating to the said Easement, then the City shall be responsible for all costs, including costs of litigation and reasonable attorneys' fees, incurred in complying with said laws, rules and/or regulations. 10. City hereby releases and discharges Grantor from all claims and demands by City for loss of or damage to the City Facilities, and agrees to indemnify, hold harmless and defend Grantor, its Trustees, Beneficiaries, officers, employees and agents from and against any and all injury, liability, claims, demands, losses, damages, costs, expenses, causes of actions, settlements and judgments (including reasonable attorneys' fees and costs of litigation, including expert witness fees) (collectively referred to as "Claims") based upon, arising out of, in connection with, or relating to the granting, use or termination of, or operations under, this Agreement, including, but not limited to the construction, operation or maintenance of City Facilities. Excluded from this indemnity shall be any and all Claims resulting from or arising out of the sole negligence or willful misconduct of Grantor, its Trustees, Beneficiaries, officers, employees and agents. This indemnity shall survive termination of this Agreement. 3 of 5 - (rev 11/19103) Except as otherwise provided herein, the terms and conditions of this Easement shall run with the land and be binding upon the heirs, successors, and assigns of the parties hereto. GRANTOR: Craig Alan Cow stee of the / q Craig n Cowan Revoca e T st Date: raig an Cowan, Trustee CITY: City of San Luis Obispo A Chartered Municipal Corporation Date: By: State of California 59uwis o�arSPo County o'f'(� On /ut�yr[i�h4&L I AW 3 before me, Fo M-a t UL A !20 l7EGJ 19 Lf7 personally appeared 41410 4 -� (&10 JATJ 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 a ODERICK A. RODEWALD . Comm.f 1245732Signature (Seal) NNOTfi Luis Obispo CoulaYIA e San Luis Obispo Courcy My Comm.Expires Jan. I004 State of California County of On 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) istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in Itis/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 APPROVED AS TO FORM: Signature (Seal) JO HAN P. LOWELL 65 City Attorney CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within Easement Deed dated 4of5 MACHO 3 - (rev 17/19/03) 2003, from Craig Alan Cowan, Trustee of the Craig Alan Cowan Revocable Trust to the City of San Luis,Obispo, a Chartered Municipal Corporation, is hereby accepted by the undersigned officer on behalf of the City Council pursuant to authority conferred by Resolution No. , and the Grantee consents to the recordation hereof by its duly authorized officer or agent. Date: City of San Luis Obispo By ATTEST: City Clerk nwcg11119-cln.easement deed 5of5 ATTACHMEW 3 Exhibit All that portion of Lots 29 and 30 of the San Luis Obispo Suburban Tract, in the County of San Luis Obispo, State of California, according to map recorded February 7, 1906 in Boot: 1. Page 92 of Records of Survey, described as follows: Beginning at Stake S.74 at the Southwest corner of said Lot 29, and running thence North 0°37' East along the West line of said Lot 29, 9.95 chains to the Southwest corner of the property conveyed to Maned Faustino, by Deed recorded December 10, 1909 in Book 83, Page 427 of Deeds; Thence Easterly along the South line of the property so conveyed to Manuel Faustino, 15.00 chains; Thence South 0°10' East, 9.88 chains to the South line of said Lot 30; Thence West along the South line of said Lots 30 and 29, 15.16 chains to the Point of Beginning. Assessor's Parcel No: 053-022-013 Cq -I� Exhibit B WATERLINE EASEMENT Legal Description A portion of Lots 29 and 30 according to the map entitled, "Map of the Subdivisions of the Suburban Tract", in the County of San Luis Obispo, State of California, as recorded February 7th, 1906, filed in Book 1, at Page 92 of Licensed Surveys in the office of the Recorder for said County, more particularly described as follows: Beginning at the Southwest comer of said Lot 29 designated as corner"S74" on said map; Thence, on the Westerly boundary of said Lot 29, North 0° 37' East to a point that lies offset 15.00 feet Northerly as measured a right angle from the Northerly line of that "30 Foot Wide Road" adjoining Lots 29 and 30 shown on said map; Thence, East, parallel with the Northerly boundary of said 30 Foot Wide Road, 1000.56 feet to the Easterly boundary of that parcel of land conveyed to Union Oil Company of California by Indenture recorded at the request of Paul M. Gregg on May 28`", 1912 as filed in Book 92, at Page 542 of Deeds in the office of the Recorder for said County; Thence, on the Easterly boundary of said parcel of land conveyed to Union Oil Company, South 0° 10' East, 15.00 feet to the Northerly boundary of said 30 Foot Wide Road; Thence, West on the Northerly boundary of said 30 Foot Wide Road, 1000.56 feet to the point of beginning. The land area described herein above contains 15,008 square feet. End Description 1 Prepared by: Daniel S. Hutchinson, PLS 5139 (license renewal 6-30-07) Q SAND J'�jf HU C r�Fs N0. 5139 2 s 9'F Of CAt1E0~e, F:\proj\2000\0(0222\000222.06\Survey\Design\Master Drawings\Legal Descriptions\15'waterline casernent across a Portion of Lots 29 and 30.doc N -ICC