HomeMy WebLinkAbout06/07/2005, C9 - PURCHASE OF AN EASEMENT AND FUNDING FOR ADDITIONAL DESIGN COSTS FOR THE ALRITA PUMP STATION REPLACE f,y
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June 7 2005
Agcnba acpoRt
CITY OF SAN LUIS O B I S P O
FROM: John Moss,Utilities Directo
Prepared By: Dan Gilmore, ilities Engineer
SUBJECT: PURCHASE OF AN EASEMENT AND FUNDING FOR ADDITIONAL
DESIGN COSTS FOR THE ALRITA PUMP STATION REPLACEMENT
PROJECT, SPECIFICATION NO. 90234
CAO RECOMMENDATION:
1. Approve the purchase of an easement for a water pump station, from the Helen Bomholdt
Trust, in the amount of$12,500; and,
2. Authorize the CAO to execute the easement agreement, deed, and other paperwork necessary
to complete the transaction.
3. Approve additional design services by the project design consultant, Boyle Engineering, in the
amount of$20,000.
DISCUSSION:
On November 18, 2003, Council awarded the contract for design of the Ahita Pump Station
Replacement Project to Boyle Engineering. Corporation. About half-way through the design
process, it was determined that a larger easement would be needed to accommodate the larger
fire pump and allow additional space for staff to operate and maintain the facility. On December
1, 2004, the CAO authorized contracting with Hamner, Jewell & Associates for easement
acquisition services. An appraisal was performed by a licensed real estate appraiser, and the
value of the easement was determined to be $12,500. The City's consultant was successful in
negotiating a right-of-way agreement that has been approved by the City Attorney, for purchase
of the easement in the amount of$12,500.
To make the most efficient and best use of the additional easement area. for the new pump
station, some redesign of the project plans is required. Since the project is currently only about
50% designed, the redesign work is considered to be fairly minimal.
FISCAL IMPACT:
The project budget of$470,000 includes $20,000 for right-of-way acquisition (2003-05 Financial
Plan). Of the $20,000 for right-of-way, $10,000 was earmarked for the services of Hamner,
Jewell & Associates, leaving only $10,000 for the easement purchase. The negotiated cost for
Purchase of Easement for Akita Pump Station Replacement Project Page 2
the easement is $12,500. The cost of services from Hamner, Jewell & Associates (HJ&A) could
be less than the $10,000 available. Their latest invoice brought their total fee to $5,584, with a
couple of tasks remaining. It is anticipated that the remaining right-of-way acquisition budget
will be needed to cover any additional costs by the consultant, recording fees, and other
incidental costs associated with the purchase of the easement.
The original design budget for Boyle Engineering was $79,969. According to their letter dated
May 24, 2005, the additional design services are expected to be $19,783. By authorizing and
additional $20,000 for additional design services, the design contingencies will be available to
cover the additional cost of the easement, other costs associated with the easement purchase, and
other design contingencies. The following tables summarize the project costs and approved
funding:
Project Costs:
Design(Boyle) $79,969
Additional Design(Boyle) $19,783
Right-of-way Acquisition:
ROW Services (HJ&A) $10,000 (estimated)
Easement Purchase $12,500
Contingencies $5,748
Total $128,000
Project Funding:
Total Project Budget(2003-05 Fin. Plan) $470,000
Design(CAR 11/18/03) <$88,000>
Additional Design and ROW(this CAR) <$20,000>
Right-of-way Acquisition(CAO 11/23/04) < 20 000>
Total Available for Construction $342,000
ALTERNATIVES:
Design the pump station replacement within the existing easement. This alternative is not
recommended, since the pump station will include a larger pump to deliver higher flows in the
event of a fire. The larger pump necessitates a larger pump station. Attempting to design the
pump station within the existing easement would significantly compromise staff s ability to
operate and maintain the pump station.
ATTACHMENTS:
Attachment 1 -Right-of-way Agreement
Attachment 2 -Deed
Attachment 3 - CAO Report Authorizing Easement Acquisition Services
Attachment 4—Revised Scope and Budget Letter, dated May 24, 2005,Boyle Engineering
k.lV�
Attachment 1
(slo/Akita Pump Sta/6omholdt/RW Agromnan)
(04/20/05)
PARCEL NO.: 004-523=021 (San Luis Obispo County)
PROJECT: City of San Luis Obispo —Alrita Pump Station
TITLE REPORT NO.: 4001-1268450, First American Title Company
ESCROW NO.:
RIGHT OF WAY AGREEMENT
(WITH ESCROW INSTRUCTIONS)
THIS AGREEMENT is made and entered into by and between
Kenneth Charles Bornholdt and Helen Hudson Bornholdt, Trustees of the Kenneth
and Helen Bornholdt Trust dated October 19, 2001,hereinafter called"Grantor,"
and
The City of San Luis Obispo, a Chartered Municipal Corporation, hereinafter called
"Ci
ty.
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, at its sole cost and expense, do the following:
A. PAYMENT - Pay to' the order of the Grantor the sum of Twelve Thousand Five
Hundred Dollars ($12,500), as 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.
B. MISCELLANEOUS COSTS - Pay all escrow, title insurance, trust deed subordination
fees, documentary transfer taxes, if any, and recording fees incurred in this transaction, together
with any costs related thereto.
1/5
Attachment 1
(Mo/Alrita Pump Sta/Bomholdt/RW Agcement)
(04/20/05)
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. City approves-of the exceptions on title shown on the preliminary
title report dated as of December 10,.2003, for the subject property except for the deed of trust
shown as exception number 12, for which the City will obtain a subordination from the lender.
City shall pay any and all processing, issuance, and recording fees associated with obtaining said
subordination.
D. 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.
E. 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.
F. FENCING — Prior to the operation of the Pump Station Facilities described in the
Easement Deed, the City shall relocate or replace with like kind fencing the fencing that is
currently along the perimeter of Grantor's property in the Easement.Area, moving said fencing to
the new easement lines, and connecting same to Grantor's standing fence posts at both ends.
City understands and agrees that a portion of Grantor's fence on the northerly boundary line next
to the Easement Area has collapsed and that it will be replaced by 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) legally entitled
thereunder.
B. LEASE INDEMNIFICATION - Warrants there are no oral or written leases on all or
any portion of the Easement Area 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 Area 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. 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.
2/5
Attachment 1
(slo/Alma Pump Sla/Bomholdt/RW Agrwncm)
(04/20/05)
4. The Parties agree:
A. ESCROW - To open an escrow in accordance with this Agreement with First
American Title Company in San Luis Obispo, California, promptly after Grantor's execution of
this Agreement. 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, within 45 days or sooner, 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 promptly 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 hind 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 Easement Deed is accepted by the City.
i) ESCROW AGENT DIRECTIVES - Escrow Agent is authorized to, and shall:
a) Except for the matters approved in.Section 2.0 above, 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 the purchase price to Grantor 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$12,500 issued
by First American 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;
3/5 -S
- Attachment 1
- (sloi,._.a Pump Sta/Bomholdt/RW Agnxtinent)
(04/20/05)
3) Other items that may be approved by City in writing in advance of the
close of escrow
Ji) 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 oftice.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 this escrow is not in condition to
close within 90 days of the date this Agreement is fully executed by the Grantor,
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 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.
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.
No Obligation Other Than Those Set Forth Herein Will Be Recognized.
Signatures follow on next page...
4/5 a
Ca ^ W
Attachment 1
i
(slo/Alma Pump Sla/Bomholdt/RW Agrwnent)
(04/20/05)
GRANTOR:
KENNETH CHARLES BORNHOLDT AND
HELEN HUDSON BORNHOLDT, TRUSTEES
UNDER THE KENNETH AND HELEN
BORNHOLDT TRUST DATED .00TOBER 19,
20
1� 1
Date: Vu 1 , 2005
Ke Charles Bornho ,Trustee
Date: d 72005.
t
I° Hen Hudson o oldt,Trustee
MAILING ADDRESS OF GRANTOR:
1303 Higuera Street
San Luis Obispo, CA 93401
CITY:
CITY OF SAN LUIS OBISPO
A Chartered Municipal Corporation
Date: 12005 By:
MAILING ADDRESS OF CITY: APPROVED AS TO FORM
City of San Luis Obispo
955 Morro StreetNA P. LOWELL
San Luis Obispo, CA 93401 Attorney
s/s Uno
1_1 rl
Please answer, to the best of your knower, yl applicable questions, then sign and date.A )estion does not apply, indicate wltlrtt�ch4 ent I
PART III: PURCHASE PRICEAND TERMS OF SALE
A. CASH DOWN PAYMENT OR value of bade or exchange(excluding closing costs) Amount E
B. FIRST DEED OF TRUST 0 %Interest for years. Pymts./Mo. -E (Priv.&Int.only) Amount$
❑ FHA( Discount Points) ❑ Fixed rate . , . ❑ New loan
❑ Conventional ❑ Variable rate ❑ Assumed existing ban balance
❑ VA( Discount Points) ❑ All inclusive D.T. (S Wrapped) ❑ Bank or savings&ban
❑ Cal-Vet ❑ 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$
Type ® % interest for years. PymtsJMo. = $ (Prin.& Int.only)
❑ 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$
E. WAS AN IMPROVEMENT BOND ASSUMED BY THE BUYER? ❑ Yes 91 No Outstanding Balance: Amount$
F. TOTAL PURCHASE PRICE (or acquisition price,it traded or exchanged, include real estate corrunission if paid)
TOTAL ITEMS A THROUGH E $ 12 5 0 0
G. PROPERTY PURCHASED ❑ Through a broker $)(Direct from seller ❑ From a family member ❑ Other (please explain):
It purchased through a broker, provide broker's name and phone number.
Please explain any special terms,seller concessions,or financing and any other information that would help the Assessor understand the purchase
price and terms of sale:
iUTr8iv.WbfkTY INFORMATION
A. TYPE OF PROPERTY TRANSFERRED:
❑ Single-family residence ❑ Agricultural ❑ Timeshare
❑ Multiple-family residence (no.of units: ) ❑ Co-op/Own-your-own ❑ Manufactured home
❑ Commercial/industrial ❑ Condominium ❑ Unimproved lot
Other(Description:i.e.,timber,mineral,water rights,etc. i r\4 Wr P I Li _s4i t'fim )
B. IS THIS PROPERTY INTENDED AS YOUR PRINCIPAL RESIDENCE? ❑ Yes t No
If yes,enter date of.occupancy / ,20 or Intended occupancy / 20
reronm) (day) (year) (mdrtm) (day) (ymr)
C. IS PERSONAL PROPERTY INCLUDED IN PURCHASE PRICE(i.e.,furniture farm equipment,machinery,etc.)
If=(other tha manufactured home subject to Iocai property tax)? ❑ Yes X.No
If yes,enter the value of the personal property included in the purchase price$ (Attach itemized list of personal proper.
D. IS A MANUFACTURED HOME INCLUDED IN PURCHASE PRICE? ❑ Yes EwNo
If 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 C9 No If yes, is the Income from:
❑ Lease%Rent ❑ Contract ❑ Mineral rights ❑ Other (please explain):
F. WHAT WAS THE CONDITION 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
corporal}s� � p This declaration Is binding on each and every co-owner and/or partner.
Other
NAME OF TRANSF-FREE OR OFFICER OF TRANSFEREE ffyped of printed) TITLE
SIGNATURE OF TRANSFEREE OR OFFICER OF TRANSFEREE DATE
NAME OF ENTITY(typed or printed) FEDERAL EMPLOYER ID NUMBER
AkDDRESS Hype or prmre0) TELEPHONE NUMBER DATE
On
( )
(NOTE:The Assessor may contact you for additional Information.)
B a document evidencing a change of ownership Is presented to the recorder for recordation without the concurrent filing of a preliminary
-- . 1.. rhn rr•r n.ipr may rhp rno an ae.rlit innal recording lop nl rwnn•v I1201.
. Attachment 2
i
Recording requested by:
Hamner, Jewell & Associates
Government Real Estate Services
When recorded, mail to:
The City of San Luis Obispo
Utilities Department
879 Morro Street
San Luis Obispo, CA 93401
No lee per Govanmem Code 6103 -
PUMP STATION EASEMENT DEED
(To The City of San Luis Obispo)
No Documentary Transfer Tax per Revenue.Taxation Code 11922
APN: A.P. No. 004-523-021 (SLO County)
For a valuable consideration, receipt of which is hereby acknowledged,
KENNETH CHARLES BORNHOLDT AND HELEN HUDSON BORNHOLDT,TRUSTEES
OF THE KENNETH AND HELEN BORNHOLDT TRUST DATED OCTOBER 19,2001,
("Grantor")
hereby grants to:
CITY OF SAN LUIS OBISPO,a chartered municipal corporation ("CITY")
A Permanent Exclusive Easement for the construction, operation, maintenance, repair, and
replacement of a water pump station and related appurtenances, including associated utilities,
pipelines, and related facilities, and ingress and egress rights associated therewith, and for no other
purposes. Vehicular access to the Easement Area shall be solely from Laurel Lane. This permanent
easement shall be in, over, on, along, through, within, under, and across the Permanent Easement Area
of the Real Property as defined in this paragraph. The "Real Property" is in the City of San Luis
Obispo, 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
Exclusive Easement is described and depicted in Exhibit "B" attached hereto and incorporated by
reference herein.
The Permanent Easement described herein shall be SUBJECT TO THE FOLLOWING TERMS AND
CONDITIONS:
1/3
Attachment 2
1. The facilities and improvements installed in the Permanent Easement area collectively are
referred to herein as "Pump Station Facilities." The location of all structures on the surface of the
Easement Area are shown generally on the site plan attached hereto as Exhibit "C" which is
incorporated herein by reference. Grantor acknowledges that minor variations from the site plan may
be necessary, e.g. slightly larger or smaller building structure, location of hydro pneumatic tanks may
vary by a few feet, since at the time of entering into this Pump Station Easement Deed the final design
of the Pump Station Facilities is not complete. No structure on the Easement Area shall exceed 14 feet
in height from the existing grade. Plans for the Pump Station Facilities as they exist from time to time
shall be maintained at the City's principal offices. City shall endeavor to ensure pump noises from the
Easement Area are not audible to Grantor's existing residence. In no event shall pump noises audible
from Grantor's existing residence exceed the applicable maximum levels specified in Chapter 9.12
(Noise Control) of the San Luis Obispo Municipal Code. All structures in the Easement Area shall be
a neutral color that blends with the existing surrounding.vegetation on Grantor's property.
2. The City shall have and hold all rights to the exclusive use of the Permanent Easement Area.
The City may restrict the rights of others to enter the Permanent Easement Area and shall, at its sole
cost and expense, erect and maintain perimeter fencing.of like kind to Grantor's fencing around the
Permanent Easement Area and maintain locked gates in order to protect the Pump Station Facilities
and prohibit access and use by others.
3. 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 Permanent Easement Area
without the prior written consent of the City, which consent shall not be unreasonable withheld.
4. 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 Permanent Easement
Area to the extent that the Pump Station Facilities may be damaged.
The covenants and conditions of this Easement Deed shall run with the land and shall be binding on the
successors and assigns of the Grantor and City and shall inure to the benefit of City and its successors
and assigns. J,
Executed this 14— ay of , 2005.
GRANTOR:
KENNETH CHARLES BORNHOLDT AND HELEN
HUDSON BORNHOLDT,TRUSTEES OF THE KENNETH
AND77HOLDT T U T DATED OCTOBER
19 p
Date:
Ke )tarles Bomholdt,Trustee
/
Helen u ornholdt,Trustee
Notary acknowledgement on next page. ( ,� _ in
2/3
Attachment 2
State of California
Countyof San Luis Obispo
On May 16 , 2005 before me, B. Hogan;Notary Public
Kenneth Charles Bornholdt and
personally appeared Helen Hudson Bornholdt------------ y�g��1y/ .
/his-U,r d kL�X r proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) isfare
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 h}s/ber/their signatures(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 [@my
B.HOGAN
COMM.#1307261 C
Notary Public-Calffomia
co
Signature �11/ (Seal) Courny of San Luis Obispo N
Comm.Exp.June 25,2005
The foregoing Easement Deed from KENNETH CHARLES BORNHOLDT AND HELEN HUDSON
BORNHOLDT,TRUSTEES OF THE KENNETH AND HELEN BORNHOLDT TRUST DATED
OCTOBER 19,2001,to the CITY OF SAN LUIS OBISPO,a chartered municipal corporation ("CITY")
is hereby:
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
By By
Jonathan Lowell
Utilities Department City Attorney
City of San Luis Obispo City of San Luis Obispo
CERTIFICATE OF ACCEPTANCE, GOVERNMENT CODE SECTION 2781
This is to certify that the CITY OF SAN LUIS OBISPO, a chartered municipal corporation ("CITY"),
grantee herein, hereby accepts for public purposes the real property, or interest therein, described in the
foregoing deed dated , 2005, from KENNETH CHARLES
BORNHOLDT AND HELEN HUDSON BORNHOLDT,TRUSTEES OF THE KENNETH AND
HELEN BORNHOLDT TRUST DATED OCTOBER 19, 2001,grantee therein, and consents to the
recordation thereof.
In Witness Whereof, I have hereunto set my hand this_day of 12005.
CITY OF SAN LUIS OBISPO, a chartered municipal corporation.
by
Name:
Title:
ATTEST:
City Clerk
3/3
Attachment 2
{ _\ j 0000000; FE6 _, 04 13:51 ; PAGE 7/21
-� I'T �
Order Number; 4001-1288450
EAlL11 dY LLZ
lYPage Numbs: 6
LEGAL DESCRIPTION
Real property In the aty of SAN LUIS OBISPO, County of SAN LUIS OBISPO State of California,
described as follows:
PARCEL 1:
LOT 1 IN BLOCK C OF TRACT NO. 1661 ROYAL HEIGHTS, IN THE CITY OF SAN LUIS OBISPO,IN
THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA,ACCORDING TO MAP RECORDED
MAY 11, 1961 IN BOOK 6, PAGi=55 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
PARCEL 2:
A PORTION OF PARCEL A AND PARCEL a OF PARCEL MAP SL-84-285 IN THE CITY OF SAN LUIS
OBISPO,IN THE COUNTY OF SAN LUIS OBISPO,STATE OF CALIFORNIA, AS SHOWN ON THE
MAP FILED IN BOOK 48 PAGE 36 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL A,THENCE ALONG THE EASTERLY
RIGHT OF WAY OF LAURELL LANE, AS SHOWN ON SAID MAP, SOUTH 3203700"WEST,184.04
FEET TO A 1'IRON PIPE TAGGED"LS 4819"THENCE SOUTH 53014156"EAST, 210.07 FEET TO
A 1"IRON PIPE TAGGED'LS 4819";THENCE NORTH 39020'29" EAST,62.28 FEET TO. A 1"IRON
PIPE TAGGED"Ls 4819";THENCE SOUTH 509931" EAST,74.90 FEET TO A POINT ON THE
EASTERLY LINE OF SAID PARCEL 8;THENCE ALONG SAID EASTERLY LINE, NORTH 27046'00"
EAST, 171.88 FEET TO THE NORTHEAST CORNER OF SAID PARCEL B; THENCE ALONG THE
NORTHERLY LINES OF PARCELS A AND 8 NORTH 6203500" WEST, 277.71 FEET TO THE POINT
OF BEGINNING.
APN: 004-523-001 and 004-523-021
Attachment 2
Exhibit
Legal Description SLO-04-01
Alrita Pump Station Easement
City of San Luis Obispo
A parcel of land lying within Parcel A of Parcel Map SL-84-285 filed in Book 40 of Parcel Maps at
Page 36, City of San Luis.Obispo, State of California, more particularly described as follows:
The True Point of Beginning being the Northwesterly corner of said Parcel A. Said point also being a
point on the Southeasterly right-of-way line of Laurel Lane, thence;
1) South 62°35'00" East along the Northerly line of said Parcel A,also being the southerly
boundary of Parcel 1 of Tract No. 166 as recorded in Book 6 of Maps at Page 55, City of
San Luis Obispo, State of California, a distance of 9.144M (30.00 feet), thence;
2) Departing said Northerly line South 32°39'00"West,a distance of 5.435M (17.83 feet),
thence;
3) North 57°21'00" West,a distance of 9.106M (29.88 feet), to a point on said Easterly right-of-
way line of Laurel Lane, thence;
4) North 32°39'00" East along said Easterly right-of-way,a distance of 4.601M (15.10 feet), to
the True Point of Beginning.
Containing 45.69 square meters (491.8 square feet, 0.01 acres).
�F6S!
Na�23028
EXP. 12-31-05
CIVIL
EXHIBIT B
Attachment 2
F /
/
/ 95 / PARCEL 1
TRACT NO. 166
T.P.O.B. BK. 6, PG. 55 O.R.
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Ot 5 67 35' 00` E 9.144 (30.00')
/ S 32' 39' 00" W 5.435 (17.83')
3 N 57- 21' 00' W 9.106 (29.88') PARCEL A
/ O N 37 39' 00" E 4.601 (15.10') P.M. NO. SL-84'-285
/ BK. 40, PG. 36 O.R.
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/ 9ROFESSlp yq
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— No. 23028 Mo
EXP. 12-31-05
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Attachment 2
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EXHIBIT CI 0
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PLACE.
City of
CONCEPTUAL SM PLAN san Us oBispo
Attachment 3
CAO REPORT TRANSMITTAL
PURPOSE 11'a3 oc
Check One. See Reverse Side for Required Documentation Admin Use only
❑ Authorize Invitation for Bids (IFS) or Request for Proposals (RFP)
Recommended Vendor
❑ Award Contract
Are there any special award circumstances? Yes ❑ No ❑
If yes,a CAO Report describing them should be attached.
29 Other Action Requiring CAO Approval
See.Reverse Side for Description
REQUEST SUMMARY
MRe orilint
Easement Acquisition Services for Alrita Pu tati n 90234
Utilities _ \ 11/17/04
Financial••Y,Ja'n'Refe�e`nc`e3:�;t t5 r s` ',.. � z w";;;: t',aBud-' t .n3�d,7; "Bid"aEstimate 1 a: Bid:AmounVZA;-
2003-05 CIP - Water Distribution 26,060 $ $
All formal Bid or RFP packages must be assigned a specification n6mber by Finance before submitting this form.
APPR0VAL4(Mhec4 apiropriate box if review is required—see reverse side forguidance)
:JJe
'!F.inane"&IlnfomiationsTe-chnoladm x •:�:hi lik i aAtto�ne" - ? r3:rS"cx ;
'F >wl+ .,"'t "flC O,i 7ac"+—`,•'.� 'r .x x r '+ ." 'r',rk
..' r .x.....Al�•...'r: .�
t uma ?R' ou D"ate ir`v"
❑
Routing will occur in the order listed unless otherwise noted by the Initiating department.
REVIEWER COMMENTS
t
DISTRIBUTION AFTER CAO APPROVAL
In the case of authorization to invite bids(request proposals)or to award a contract,Administration will return the original package to the
initiating department with a copy to Finance(or to Public Works N it is a construction-related project)after CAO approval. For all other CAO
Reports,the initiating department should indicate below the appropriate distribution after CAO approval.
Upon approval, copy of signed transmittal to Utilities Admin.
Finance to process purchase order & BAR.
Attachment 3
CAO Special Report
FROM: John Moss PREPARED BY: Dan Gilmore
Utilities Director Utilities Engineer
SUBJECT: Easement Acquisition Services for the Alrita Pump Station Replacement Project,
Specification No. 90234
RECOMMENDATION:
Approve the Purchase Order with Hamner, Jewell & Associates in the amount of$10,000 for
appraisal and easement acquisition services.
DISCUSSION:
On November 18, 2003, Council awarded the contract for design of the Alrita Pump Station
Replacement Project to Boyle Engineering Corporation. About half-way through the design
process, it was determined that a larger easement would be needed to accommodate the larger
fire pump and allow additional space for staff to operate and maintain the facility.
The City currently has an agreement with Hamner, Jewell & Associates to provide right of way
services on an on-call basis. Approval of the attached purchase order, which references the
existing agreement and the consultant's proposal, will allow Hamner, Jewell and Associates to
proceed with acquisition of the additional easement. This, in turn, will allow Boyle Engineering
to proceed with the design of the replacement pump station.
Once agreement with the property owner is reached, staff will go to Council for authorization to
make the easement purchase.
FISCAL IMPACT:
The project budget of$470,000 includes $20,000 for right-of=way acquisition(2003-05 Financial
Plan, Appendix B—Capital Improvement Plan, pages 66-69). The proposed cost for easement
acquisition services is $10,000. The work will be billed in accordance with the consultant's fee
schedule, which is attached to the proposal. The actual cost may be less than the $10,000
amount. The actual cost to purchase the easement is expected to be less than $10,000; as well.
The attached Budget Amendment Request moves $20,000 from the Water Distribution Master
Plan Implementation account (the "parent" account) to the Alrita Pump Station Replacement
Project account, for right-of-way acquisition..
Attachment 3
CAO Special Report—Easement Acquisition for the Alrita Pump Station Replacement Project
City Project No. 90234
Page 2
ALTERNATIVES:
Design the pump station replacement within the existing easement. This alternative is not
recommended, since the pump station will include a larger pump to deliver higher flows in the
event of a fire. The larger pump necessitates a larger pump station. Attempting to design the
pump station within the existing easement would significantly compromise staff's ability to
operate and maintain the pump station.
ATTACHMENTS:
Purchase Order for Easement Acquisition Services
Proposal from Hamner,Jewell and Associates, dated November 8, 2004
Budget Amendment Request
V`t " � tS
Attachment 4
��ff
fE � Engineering Excellence Since 1942
1194 Pacific Street, Suite 204 Employee Owned
San Luis Obispo, CA 93401
TEL(805)542-9840
FAX:(805)542-9990
www.boyleengineedng.com
Dan Gilmore May 24,2005
Utilities Engineer BK-S35-100-01
CITY OF SAN LUIS OBISPO
879 Morro Street
San Luis Obispo CA 93401
Abita Booster Pump Station
Budget Revision Request: Revised Pump Station Layout and 50%Submittal
Boyle Engineering has developed the following additional scope of work as a revision to the
Alrita Booster Pump Station agreement authorized on December 8,2003. The original scope
included survey, geotechnical, and design services for replacement of an existing booster pump
station(located within a 15 x 30 foot utility easement)that serves approximately 14 residences.
The budget for these services was $76,185.
In March 2004, Boyle submitted a Preliminary Design Memorandum and 50%plans and specs
for the City's review. Due to the limited space available within the existing easement, the City
decided to further investigate the possibility of acquiring additional property adjacent to the
existing pump station. At this time, it assumed that the City will soon acquire approximately
492 square feet of easement from the adjacent property owner.
This letter addresses work.in addition to the initial project scope,related to acquisition of this
expansion area Property negotiations required additional coordination time than originally
budgeted due to special requests by the property owner and real estate consultant. Deliverables
included memorandums regarding noise research, revised site plans, and elevation views. In
addition, City Utilities staff has expressed an interest in investigating an alternative pump station
layout utilizing the expansion area. This alternative layout would allow the booster pump station
to be more easily maintained and operated.
The additional scope of work presented involves engineering services associated with
development of the alternative pump station layout. It is our opinion these additional services
will improve the access and general operability of the pump station; reduce concerns associated
with disturbing the retaining wall on the north property line; and improve constructability. Boyle
proposes to perform the following tasks:
DOCUMENT3
BOYLE ENGINEERING CORPORATION
- (n1)RecrckU Pinar '
Attachment 4
Dan Gilmore May 24, 2005
Page 2
Task 1—Preliminary Engineering
A revised 10%plan set reflecting the larger pump station layout will be submitted for City
review, and will include the following elements:
• Civil site plan and pump station layout
• Plan and elevation views of the pump station building
• Pump station elevation and details
We will meet with City engineering and operations staff to discuss opportunities to improve
operability and access as a benefit of the expansion area. Our work will include reevaluation of
valve selection, pipe alignment,pump placement, and electrical panel layout.
Task 2—50%Submittal
Boyle will incorporate City comments to the technical memorandum into the 50%submittal.
Progress plans and specifications will be submitted to the City project manager for review. Plans
will be prepared in accordance with City Engineering Standard#9910. It is anticipated the plans
will include the following:
• Demolition Plan
• Site Plan
• Pump Station Piping Plan
• Pump Station Elevations
• Pump Station Sections
• Building Elevations
• Foundation Plan and Details
• Typical Structural Details
• Electrical(3 sheets)
• Block Diagram
Schedule
Deliverables will be submitted as follows:
1) 10%plans-Within 4 weeks of notice to proceed.
2) 50% submittal of plans and specifications—Within 6 weeks of receipt of City comments to
memorandum.
A revised schedule will be submitted with the Technical Memorandum to address the 90% and
final submittals.
LETTER M DAN GILMORE 05-24-05.DOC
v V
Attachment 4
Dan Gilmore May 24,2005
Page 3
Budget
The estimated budget for the additional services described herein is$19,783 per the attached fee
schedule. Progress payments would be paid in accordance with the original agreement.
We hope the budget revision requested in this letter meets your approval. Please call if you have
questions or comments.
Boyle Engineering CorporaSon Approved by.,
11 I
Michael K.N ey,PE Dan Gilmore, PE
Project Manager Utilities Engineer
DOCUMENT3
Attachment 4
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