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HomeMy WebLinkAbout12/02/2003, C9 - WATER REUSE PROJECT-DEBLAUW EASEMENT PURCHASE counat Dec. 2, 2003 j ac,Enaa Repoat CITY O F SAN LUIS O B I S P O FROM: John E.Moss,Utilities Directo Prepared by: Katie DiSimone,Water Projects Manager SUBJECT: WATER REUSE PROJECT-DEBLAUW EASEMENT PURCHASE CAO RECOMMENDATION 1. Approve easement purchase agreement with Mr. Richard DeBlauw to allow for the construction of the Water Reuse distribution pipeline project, for permanent waterline easement (as described in Exhibit B of Attachment 3) and temporary construction easement at a cost of$10,000. 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, involves 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. This easement purchase agreement is for an easement on the DeBlauw property. It consists of a 15 foot wide permanent waterline easement, and an adjacent 15 foot wide temporary construction easement. The permanent waterline easement will be adjacent to an existing waterline easement, and 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 the DeBlauw property owner to negotiate the subject easement. The property owners have agreed to $10,000 compensation, and staff feels that it is fair and appropriate compensation for the easements. FISCAL 11VIPACT Approval of the recommended DeBlauw easement purchase agreement for the Water Reuse Project will cost $10,000. The remaining Water Reuse Project easement purchase on Cowan's 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. ON - Council Agenda Report—Water Reuse Project-DeBlauw 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 DeBlauw easement. 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. Right of Way Agreement 3. Easement Deed Electronic File Path: G:\Com1dlAgmda Repor02W Co IlAgmda ReponAOeMmm%fi ms CARdae chment 1 Y m CL m m m 0. ., L C m. m'.m : E O�. my', D a a O �+ mm's E �+ �_......_. c m v ° V gs --+ a F LL Lw L 1 m - a Y ' m — �/ �oaa C6 vo`� (' JQ C � N CO 0 _ lV 'ICU W m m p c ci,'. m q 3 m.m � .0m.m: (D Q� a d -39 gym. p p .. c p_ a my w 3w Ky � � w a` a 0 J U NO 0,q 3 Attachment 2 (slo/water re-use/deblauw/rw agreemt) (rev.11-17-03) PARCEL NO.: 053-022-014(San Luis Obispo County) PROJECT: City of San Luis Obispo—Water Reuse Project TITLE REPORT NO.: 806768, Cuesta Titte ESCROW NO.: RIGHT OF WAY AGREEMENT (WITH ESCROW INSTRUCTIONS) THIS AGREEMENT is made and entered into by and between Sierra Gardens of San Luis Obispo, LTD, a Limited Partnership, and Kitman-1, a California Limited Partnership, hereinafter collectively called"Grantor," and The City of San Luis Obispo, a Chartered Municipal Corporation, hereinafter called "City." An Easement Deed covering the property rights particularly described therein, has been executed 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 set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for said Easement Deed and shall relieve the City of all further obligation or claims on this account, or on account of the location, grade or construction of the 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 Ten Thousand Dollars ($10,000), as consideration in full for the real property interests being conveyed in the referenced Easement Deed, for the right to enter an additional fifteen foot wide swath across Grantor's property lying immediately adjacent to and northerly of both the real property easement conveyed to City in conjunction with this Agreement and that existing waterline easement previously conveyed to the City for waterline purposes along the alignment of private Prado Road, 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. ,,� cq - 4 (slo/water re-use/deblauw/rw age=t) (rev.11-17-03) B. MISCELLANEOUS COSTS - Pay all escrow, title insurance, and recording fees incurred in this transaction. C. CLEARANCE OF BONDS, ASSESSMENTS, OR DELINOUENT 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 and any and all immediately adjacent areas accessed and utilized by City in conjunction with completing its Project construction, 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. Additionally, City will protect in place the existing water well on Grantor's property, but Grantor agrees that such well shall only be used for irrigation purposes after the installation of City's water re-use line. City agrees to provide Grantor's property with interim City domestic water service in lieu of Grantor's ongoing use of Grantor's well for domestic water purposes. Such service will be provided only until Grantor proceeds with development of the property per City-approved development plans. Installation of water service turn-out and meter for the interim water service herein referenced shall be provided by City at no cost to Grantor, other than Grantor's payment of monthly water bills based upon usage. Upon development of Grantor's property, City agrees to properly abandon the existing well and to pay all costs related thereto, and Grantor agrees to comply with whatever water service requirements may be imposed in conjunction with development approvals. 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 of City facilities 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 when clear title can be conveyed to the City. 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. B. LEASE INDEMNIFICATION - 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 Aity 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. 2/6 n a MOMENT 2 (sWwater re-useldeblauw/rw agreemt) (rev.11-17-03) 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. Grantor further grants to City the temporary right to access and utilize for Project construction purposes that 15 foot wide swath of Grantor's land lying immediately adjacent to and northerly of both the real property easement conveyed to City in conjunction with this Agreement and that existing waterline easement previously conveyed to the City for waterline purposes along the alignment of private Prado Road. 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. 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. The temporary right to utilize the additional 15 foot wide temporary construction area swath referenced in this paragraph shall automatically terminate upon City's completion of Project construction. D. 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. 4. The Parties agree: A. ESCROW - To open an escrow in accordance uith this Agreement at an escrow company of City's choice. This Agreement constitutes the joint escrow instructions of City and 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. 3/6 n q _i _ AfAMY2 (slo/waier re-use/deblauw/rw agreeml) (rev.i 1-17-03) 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, 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$10,000 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. 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. AIA �q - � (slo/water te-useldeblauw/rw agreemt) (rev.I 1-17-03) 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. 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 City. F. COMPLETE UNDERSTANDING - This Agreement constitutes 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. G. JUDGMENT IN LIEU OF DEED - In the event Grantor is unable to deliver title within a reasonable period of time in accordance with the terms of this Agreement, the District may file an action in eminent domain to pursue the acquisition of the real property interests described in the referenced Easement Deed, and this Agreement shall constitute a stipulation which may be filed in said proceedings as final and conclusive evidence of the total amount of damages for the taking, including all of the items listed in Section 1260.230 of the Code of Civil Procedure, regarding said property rights. H. 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. No Obligation Other Than Those Set Forth Herein Will Be Recognized. Signatures appear on following page... ATTACHMENT 2 (slo/water re-use/deblauw/rw agreemt) (rev.l 1-17-03) GRANTOR: Sierra Gardens of San Luis Obipso, Ltd., a Limited Partnership By / ,// 1;��g� ✓ it!� — Title: Date: Ki .-1, a California Limited Partnership By Name: R tw E. (/ Title: �WCAOK RTNp� Date: /Ntf"� 3 MAILING ADDRESS OF GRANTOR: c/o Richard DeBlauw 411 El Camino Real Arroyo Grande, California 93420 CITY: City of San Luis Obispo A Chartered Municipal Corporation By: Name: Title: Date: MAILING ADDRESS OF CITY: City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 APPROVED AS TO FORM: IQNATHAN R LOWELL City Attorney (� 6/6 �(� Please answer, to the best of your knowle ' all applicable questions,then sign and date. N -vuest)on does not TEapply l- •PART III: PURCHASE PRICE AND RMS Ot-SALE 777111 A. CASH DOWN PAYMENT OR value of trade or exchange(excluding closing costs) Amount S B. FIRST DEED OF TRUST ® %interest for years. Pymts.iMo. _ $ (Prin.&Int. only) Amount$ ❑ FHA( Discount Points) ❑ Fixed rate ❑ New loan ❑ Conventional ❑ Variable rate ❑ VA( Discount Points) ❑ All inclusive D.T. ($ ❑ Assumed existing loan balance Wrapped) apped) ❑ Bank or savings&ban ❑ Loan carried by seller ❑ Finance company Balloon payment ❑ Yes ❑ No Due Date Amount$ C. SECOND DEED OF TRUST ® %interest for years. Pymts./Mo. _ $ (Prin. & Int. only) Amount$ ❑ Bank or savings& loan ❑ Fixed rate ❑ New loan ❑ Loan carried by seller ❑ Variable rate ❑ Assumed existing loan balance Balloon payment ❑ Yes ❑ No Due Date Amount $ D. OTHER FINANCING: Is other financing involved not covered in(b)or(c)above? ❑ Yes ❑ No Amount$ Bpe 0 % interest for years. Pymts./Mo. _ $ (Prin.& Int.only) Bank or savings &loan ❑ Fixed rate ❑ New loan ❑ Loan carried by seller ❑ Variable rate Balloon payment El Yes ❑ No Due Date ❑ Assumed Amountexisting loan an balance E. WAS AN IMPROVEMENT BOND ASSUMED BY THE BUYER? ❑ Yes ❑ No Outstanding Balance: Amount$ F. TOTAL PURCHASE PRICE (or acquisition price• it traded or exchanged, include real estate commission it paid) TOTAL ITEMS A THROUGH E $ U ( CCC G. PROPERTY PURCHASED ❑ Through a broker k Direct from seller ❑ From a family member ❑ Other (please explain): If purchased through a broker, provide broker's name and phone number. Please explain any special terns,seller concessions,or financing and any other information that would help the Assessor understand the purchase price and terms of sale: 9�C-.jZ y�73 A PART IV: PROPERTY INFORMATION A. TYPE OF PROPERTY TRANSFERRED: ❑ Single-family residence ❑ Agricultural ❑ Timeshare ❑ Multiple-family residence (no. of units: ❑ Co-op/Own-your-own C3Manufactured home ❑ CommerciallIndustrial ) �'Other Des �.+�^ ❑ Condominitun ❑ Unimproved lot (Description:i.e.,timber, mineral,water tights, etc. r tT lz 1 �r Fr4��M G ST) B. IS THIS PROPERTY INTENDED AS YOUR PRINCIPAL RESIDENCE? ❑ Yes It yes,enter date of.occupancy (ma<un) l (ter) ,20 (rer) or intended occupancy / 20 (monm) (day) (rear) C. IS PERSONAL PROPERTY INCLUDED IN PURCHASE PRICE(i.e..fumitu��re,�fa equipment.machinery,etc.) (other than a manufactured home subject to local property tax)? ❑ Yes J�`0 If yes,enter the value of the personal property Included in the purchase price$ (Attach itemized list of personal proper. D. IS A MANUFACTURED HOME INCLUDED IN PURCHASE PRICE? ❑ Yes 13k4 lo yes,how much of the purchase price is allocated to the manufactured home? $ Is the manufactured home subject to local property tax? ❑ Yes ❑ No What is the decal number? E. DOES THE PROPERTY PRODUCE INCOME? ❑ Yes .l wo If yes• is the income from: ❑ Lease/Rent ❑ Contract ❑ Mineral rights ❑ Other (please explain): F. WHAT WAST ,C.OlqDITION OF THE PROPERTY AT THE TIME OF SALE? ❑ Good Average ❑ Fair ❑ Poor Please explain the physical condition of the property and provide any other information (such as restrictions, etc.) that would assist the Asses: in determining the value of the property: CERTIFICATION OWNERSHIP TYPE(✓) Proprietorship ❑ 1 certify that the foregoing is true, correct and complete to the best of my knowledge and belief. Partnership This declaration is bindingon each and eve co-owner and/or partner. Corporation ❑❑ every Other fA-C4 _ ,:K- NAME OF TRANSFEREE OR OFFICER OF TRANSFEREE"d or printed) TITLE 'GIT OF 1� L—Ui IS C%�7 NATURE OF TRANSFEREE OR OFFICER OF TRANSFEREE DATE NAME OF ENTITY(typed w printed) FEDERAL EMPLOYER 10 NUMBER ADDRESS(typed o.wmreo) TELEPHONE NUMBER DATE ( ) (NOTE:The Assessor may contact you for additional Information.) LH 0 It a document evidencing a changa of ownership Is presented to the recorder for recordation without the concurrent filing of a prviiminary .,;.�.. hn rnr nnn•mnv rharnn nn l!^ilinnll recorri mit! a n, !t,n1 Attachment 3 Sierra GardanvDeed-1 (Prepared 11-17-03) 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. 053-022-014 NO TAX DUE CITY OF SAN LUIS OBISPO EASEMENT DEED Water Re-use Project FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Sierra Gardens of San Luis Obispo, LTD., a Limited Partnership, as to an undivided 93% interest,and Kitman-l;a California Limited Partnership,as to an undivided 7% interest, hereinafter collectively 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. 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 beSUBJECTTO THE FOLLOWING TERMS AND CONDITIONS: Cq -I l Siena Gardens/Deed-I (Prepared 11-17-03) 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. 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 alternative access to the Easement Area, as deemed reasonable by the City. 3. As the amount of earth or other fill over its facilities can affect the structural integrity of the City's underground facilities, City shall have the right to maintain the height of earth or other fill over City's underground facilities. Grantor(s) 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(s) 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(s) 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 directly or indirectly interfere with or endanger City's exercise of the rights described herein, including the right to use the Easement Area for agricultural purposes 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 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. 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,at the Grantor's expense. 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;and 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. 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. This Deed 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. ATACHMENT 3 Siena Gardens/Deed-1 (Prepared 11-17-03) GRANTOR: Sierra Gardens of San Luis Obispo, LTD., a Limited Partnership Date: //" / 7 03 By:✓/l'F%ew 4d Richard DeBlauw,General Partner GRANTOR: Kitman-1,a California Limited Partn By: IowaOPA, 61W6M L MK#01� State of California / County hof .S�rt� 5 1 On 96"yeill 6x1-/'71t%G� beforeme, 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/theirsignature(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 LILLIAN D.JEWELL q �� COMM.#1 CALIFORNIASignature (///I/, (Seal) NOTAR VENTURAC CALIFOn gn ) � ENTURA COUNTY n MY COMM.EXPIRES JUNE 6,2007 State of California County, /of csB4L 41 IS C�bIS� On (V 0 VZ,Akl QA 171 74 3 before me, ( f 110A cb• Q�L eA personally appeared PLer K(ra�►%lurra 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 signatures)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my han d official seal LILLIAN D.JEWELL 4 061MY COMM.#1422523 "q Signatu (Seal) UNOTARYPUSuC-CALIFORNIA Q )- VENTURA COUNTY n COMM.EXPIRES JUNE 6,2007 k Cj 3 Order No. 806768 EXHIBIT A That portion of Lot 30, San Luis Obispo Suburban Tract, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded February 7, 1906 in Book 1 , Page 92 of Records of Survey, described as follows: Beginning at a stake "S 81 ", at the Northeast corner of said Lot, and running on North line of Lot North 89 1/20 West, 4.99 1/2 chains to a point; Thence through said Lot South 0°10' East 20.04 chains to a center of 30 foot road running along the South side of said Lot; Thence along center line of said road, East 4.99 1/2 chains to a point; Thence leaving road North 0°10' West, 15 feet to stake South 781 on North side of road, 20.00 chains to the Point of Beginning. Assessor's Parcel No: 053-022-014 On EXHIBIT B A portion of Lot 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 Southeast comer of said Lot 30 designated as corner"S78" on said map; Thence, on the Easterly boundary of said Lot 30, North 00 10' West 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 Lot 30 shown on said map; Thence, West,parallel with the Northerly boundary of said 30 Foot Wide Road, 329.67 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 28th, 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, East on the Northerly boundary of said 30 Foot Wide Road, 329.67 feet to the point of beginning; The land area described herein above contains 4,945 square feet. End Description t J Prepared by: l 0J,) Daniel S. Hutchinson, PLS 5139 (license renewal 6-30-07) AND SJJ Hur,yfjo� Q O * 40. 5139 = f?grF OF CAl1E�� F:\proj\2000\000222\000222.06\Survey\Design\Master Drawings\Legal Descriptions\I5'waterline easement across a Portion of Lots 30.doc Cal Sierra Gardens/Deed-I (Prepared I1-17-03) CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within Easement Deed dated /7 ,2003,from Sierra.Gardens of San Luis Obispo,LTD.,a Limited Partnership as to an undivided 93% interest,and Kitman-1,.a California Limited Partnershim-as to an undivided 7% interest,_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 APPROVED AS TO FORM: NP. LOW" CIV Attorney N -LP