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HomeMy WebLinkAbout12/06/2005, C3 - PURCHASE NEW BISHOP WATER TANK EASEMENT i council '12/06/2005 j acEnaa izEpout '�" ba c CITY OF SAN LUIS O B I S P O FROM: Jay D. Walter, Director of Public Works Prepared By: Matt Horn, Civil Enginee SUBJECT: PURCHASE NEW BISHOP WATER TANK EASEMENT CAO RECOMMENDATION 1. Approve an easement agreement which provides for a permanent and a temporary construction easement from the County of San Luis Obispo in exchange for$60,500. 2. Authorize the Mayor to execute the agreement, accept the easements, and execute any other documents associated with this transaction. DISCUSSION Background" The existing Bishop water storage tank has been identified in the Water System Master Plan as a system deficiency. The Water System Master Plan recommends upgrading the existing water storage tank. Increasing the storage capacity at this site will provide increased fire protection and enhanced operational reliability and flexibility. -On October 7, 2003 the City Council authorized an agreement with Black and Veatch Corporation to prepare plans and specifications for a new 750,000 gallon water storage tank. Staff anticipates having completed plans and specifications by January 2006. The existing Bishop water storage tank resides on a 0.37 acre easement on a parcel of land that the County of San Luis Obispo possesses. This easement, while adequate size for a 90,000 gallon water storage tank, will not be large enough for a 750,000 gallon water tank. Current For the past several months, City Staff has been working with the County Staff to negotiate a larger permanent easement and the use of a temporary construction easement. The larger 0.70 acre permanent easement and the temporary 0.62 acre construction easement were appraised, and subsequent negotiations with the County resulted in a proposed compensation of $60,500 for the purchase of the permanent easement and the 24 month use of the temporary construction easement. The County Board of Supervisors approved this agreement on November 15,2005. CONCURRENCES The Utilities Department concurs with the CAD's recommendation. Council Agenda Report—Purchase New Bishop Water Storage Tank Easement Page 2 FISCAL IMPACT This project is identified in the 2001-03 Financial Plan. This project will be funded from the Distribution Plan Implementation Account, which has a current balance of$2,265,000 to support this request. New Easement Price $ 60,500 Miscellaneous Escrow Costs $ 2,500 Total $63,000 ATTACHMENTS 1. Vicinity Map 2. Easement Exhibit 3. Easement Agreement(with Escrow Instructions) 4. Easement Deed 1:\ CAR Reports\2005\C1P\90232 Bishop Water Tank\90232 Bishop Water Tank Easement rev.doc C'3- 2- o rwoe �AP k �y." i/• r lbs/ ',� �c-."Y"`' ..a�A { 1 I r � i ����•- f� �r ��, �r/�i Her � y<. J I�q �i '� F r• - -i •�.�J''4 thy. � IX 2. K1' M1'i�9 •��ti i r�It�iF is vir OAF ay Wr p "d ., t �• j` `1eI� ,.•\S k:(it4, r .. rr" r• rtt m 4y-. e - ��..��; r ' !'Jfi rp ,� 5 �, �.. S ••a� .A7 G•l r t fib. � t*p'I vr,, .�"?r "�,rt `r F���`Xr f� .,,,�.-� 'fes•� �Ful ,. " YY7 � .� •sem i ;�� �# '� r ,. �n u7 d©000 _ Attachment 2 Exhibit D FOUND 1' IP W/ TAG �Al "RCE 12748" I3 46 AO'UDE RMT OF WAY PER THE G=TREE V94EYARD TRACT �,y� ,°`•`�'`• sss,� `�93 RFS ~`�, Wispy— ri • TEMPORARY EASEMENT _ 1; 4 . FOUND 1" IP 227146�sq meters TAG 'RCE._12748" S CL cs 0 CO v_T E SEMENT EXHIBIT B J J •��' -res a'�^::.: 230322gsq feet O OR ..WATER STAGE AC LISTING CITY,WATER TAM( 0 0 Al �Y o1l �oOiWN/OWN 48 Pue r" � 0 ,y �Sp 05yAl O. pp° �? �y 1 F w. AWN 073-37 -004 T.P:U BB 48 PM ei '� - EXHIBIT C / A o C�/. ', tem zax �� GRAPHIC. I.f: SCA � Q 4 1 :1000 N 1, E\2004 Sissy\1704022 81ehap Tank Slte\P►oduet\DroMngs\tonkaite-exhibit-met_dwg. 3 23pm. rlsdlism RRM DESIGN GROUP ' PLAT //�� �� � ���/�� OF UffR1JC/�M~,/Alfif �"7"� TEMPORARY AND PERMANENT 3765 south Higum street. Sults 102• $ah Luis oeiepo, Camrsmio 93401 EASEMENTS Phones 805/543-1794+Fmc 805/5 -4609•rwn.rnndesign com PAGE 1 OF 1 ut kc;a t.a naso• u•aaeL RrE 3m5.Ls ws•hr nc a.stmtm PIs 57M DATE-Oct 12, 2005 SCALE. 1:1000 _- _ Attachment 3 PARCEL. NO.: 073-371-004 ISaft Luis Obispo County) PROJECT: City of San Luis Obispo— New Bishop Water Storage Tank TITLE REPORT NO.: 808445 (Cuesta Title) ESCROW NO.: EASEJIENT AGREESIENT (WITH ESCROW iNSTRUCTiONS) THIS AGREEMENT is made and entered into by:ind between The County of San Luis Obispo. a Political Corporation hereinafter called "Grantor": and The City of San Luis Obispo, a Municipal Corporation hereinafter called "City." A Water Tank Site Easement Deed covering the property rights particularly described therch has been executed concurrently with this Agrecment.and delivered to City representatives. In consideration of which, and other considerations hereinafter set forth,.it is mutually aarc it as liillows: 1. The parties have herein set forth the whole of' their agreement. The perlorntance u' this Aoreement constitutes the entire consideration fir said Water Tank Site Easement Deed ("1?asc-hent Deed") and shall relieve the City of all further obligation or claims on this account. or on arcuunt the location, grade or construction of the, proposed public improvement (hereinafter referred to a the Project"). 2. The Cite shall: A. PAYMENT - Pay to the order of the. Grantor the sum of %M00.00-(Sixty Thrn.;and Five Hundred Dollard, as consideration in full for the real property interests ing conveyed in the referenced Easement Deed, for the loss, replacement and moving e- any improvements, and for entering into this Agreement. Said sum shall be paid upo• the close of escro,,y, which shall occur %,.hen Easement Deed has vested in City. B. MISCELLANEOL:S COSTS - Pay all escrow, title insurance, and recording fees incurred in this transaction. C. PAYMENT OF BONDS. ASSESSMENTS, OR TAXES — Pay all future osts associated with City's use of the Fasement, including but not limited to bunds, t.:xcs. and special assessments. 10 Attachment 3 D. INDEMNIFICATION - City, shall defend, indemnify, and save harmless the Grantor, its officers, agents and employees, from.any and all claims. demands. darimages, costs. expenses. or any liability arising out of this Agreement or attempted performance of the provisions hereof. including but not limited to those predicated upon theories of violation of statute. ordinance, or regulation, professional malpractice, negligence, or recklessness including negligent or reckless operation of motor vehicles or other equipment. furnishing of defective or dangerous products or completed operations. premises liability. liability arising from trespass or inverse condemnation, violation of civil ri`_hts: and also including any adverse determination made by the Internal Revenue Service or the State Franchise Tax Board with respect to City's "independent contractor"or"City" status that would establish a liability for failure to make social security and income tax withholding payments, or any act or omission to act, whether or not it be willful, intentional or actively or passively negligent on the part of the City or its agents, employees or other independent contractors in the chain of contractual privity with Cite: providing further that the foregoing shall apply to any wrongful acts or any active or passively negligent acts or omissions to-act. committed jointly or concurrently by City or City's agents.employees or other independent contractors. Nothing contained in the foregoing indemnity provision shall be construed to require indemnification for claims, demands, damages, cost, expenses,judgments. or attorney fees resulting solely from the negligence or willful misconduct of the.Grantor. E:. INSURANCE - City shall obtain and dcli.ver to the Grantor and maintain for the entire term of construction, instalkition and maintenance, a certified copy of each insurance policy. and obtain Grantor's approval of all such policies. Companies authorized to do business in tfie State of California shall issue said policies. City shall maintain said insurance in force at all times during construction, installation and maintenance. The following coverage x\ith the followinT features shall he provided: i) Commercial General Liabilitt Insurance: City shall maintain in bill force and effect for the period covered by this Agreement, commercial general liability insurance. This insurance shall include, but shall not be limited to. comprehensive general and automobile liability insurance providing protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from any act or occurrence arising out of City's operations in the performance of this Agreement. including without limitation. acts involving vehicles. The polio shall provide not less than single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage in the total amount of One Million Dollars (SI.000,000). The following endorsements must be attached to the policy: (a) if the insurance police corers on an"accident' basis. it must he changed to"occurrence''. (b)The Liability policy must corer personal injury as well as bodily injury (c) Blanket contractual liability most be afforded and the policy must contain a cross liability or s.everabilityof interest endorsement. ? n Attacimgnt 3 City may comply with this requirement by providing proof of self-'insurance through the California Joint Powers insurance Authority with the same coverages and requirements as set forth above. ii) Workers' Compensation Insurance: In accordance with the Seq.. of the California Labor Code, if City has any provisions of section 3700 et. employees. Cite is required to be insured against liability for worker's compensation or to undertake self insurance. City agrees to comply with such provisions before commencing the performance ofthis Agreement. iii) Additional Insureds to be Covered:The commercial liability policies shall name the"Count% of San Luis Obispo, its officers,employees and agents" as additional insureds. The policy shall provide that City's insurance will operate as primary insurance and that no other insurance maintained by the Count%. or additional insured;will be called upon to contribute to a loss hereunder. iv) Certification otCoverage: Prior to commencing work under this Agreement. City shall furnish Grantor with the following for each insurance policy required to be maintained by the A�;rcemc* m: (a) A copy of the Certificate of Insurance shall be provided. The certificateof insurance must include a certification that the policy'xill not be canceled or reduced in coverage or changed in any other material aspect \%itllOut thirty(30)daysprior written notice to Grantor. (b) A copy of'C'ity's Workers' Compensation policy need not he pro%ided, but a copy of proof of coverage does need to be provided. (c) Upon further•v.ritten request, City shall provide a copy of the entire insurance policy and not just the "tact sheet"or proof of co%era=e.. (d) Approval of Insurance by Grantor shall not relieve or decrease the extent to which City may be held responsible for payment of damages resulting from City's services or operations pursuant to this Agreement. Further. Grantors act of acceptance of an insurance policy does not waive or relieve City's obligations to provide insurance coverage required by the specific written provisions of this Agreement. y) Effect of Failure or Refusal: If City fails or refuses to procure or .maintain the insurance required by the Agreement, or fails or refuses to furnish Grantor with the certifications required by subparagraph (d) above, Grantor shall ha%t the right, at its option, to forthwith terrtiinate the Agreement for cause. If Grantor contends that City has failed or refined to provide insurance required under this Agreement, Grantor shall notify City in writing of its belief and shall provide City ten (10) business days in which to"respond and or supply evidence of insurance. F. RECORDATION OF INSTRUMENT. - Accept the Easement Deed herein reference.: and cause the same to be recorded in the office of the San Luis Obispo County Recon:.r at such time as when clear title can be conveyed to the City. 6 `1 ,- . ' Attachment 3 3. The Grantor: A. LEASE INDEMNiFICATION - Warrants there are no oral or written leases on all it any portion of the easement areas described, in the referenced Easement Decd, of if' there are any such leases, Grantor agrees to hold the City harmless and reimburse ( '!),' for any and all of its tosses and expenses occasioned by reason of any lease of s.,:d property held by tenant of Grantor. B. PERMISSION-TO ENTER - Hereby grants to the City, its agents and contract rs. permission to enter upon the easement areas described in the referenced Easement D ed prior to the close of escrow for the purposes of preparation for the City's Project. sttb _ct to all applicable terms and conditions contained in this Agreement and the associ;ced Easement Deed. The rights granted herein include authorization to conduct :,re- construction sum-eys and soil sampling and testing. If at any time prior to the clos of escrow, City discovers any physical condition of the Property. including but not lifit 'ed to evidence of contamination by hazardous materials; which City deems unaccepta-10. City may unilaterally terminate this Agreement and cancel the escrow, by _iN inu %%ri••cn notice to Grahtor and escrow holder, . ithout any further obligations or liabilities rcl:r.ed hereto other than to restore the property to a comparable condition as that which exi••ed prionto City's entry. 4. The Parties agree: A. ESCROW - To open an escrow in accordance with this Agreement at an esr )x company of City's choice. This;agreement constitutes the joint escrow instruc6011 ol' City and Grantor, and Escro�i' Agent to whom these instructions are deBered is hef by empowered to act under this A.-reement. The parties hereto agree to do all .-Cts necessary to close this escrow in the shortest possible time. As soon as possible after opening of escroxv, City will deposit the executed D ed by Grantor, with Certificate of Acceptance attached, with Escrow Agent on Granf-r's behalf. City agrees to deposit the purchase price upon demand of.Escrow Auciu. tits and Grantor agree to deposit Nvith Escrow Agent all additional instruments as nta\ he necessary to complete this transaction. All funds received in this escrow shall he deposited with other escrow funds in a .general escrow fund account(s) and mai he transferred to any other such escrow trust account in any State or National Bank d( n,, business in the State of California. All disbursements shall be made by check tom S:.ch account. i) ESCROW AGENT DIRECTIVES - Escrow Agent is authorized to, and shall: (a) Pay and charge City for any escrow fees, charges and costs payable under Paragraph 2.13. of this Agreement. (b) Disburse funds and record.Deed when conditions of this escrow have been fulfilled by City and Grantor. JG - --� Attachmerit 3 (c) Following recording of Deed from Grantor, provide City with a CLT.A Standard Covera,e Policy of Title Insurance in the amount of 560,500.00 issued by a'fitle Company of Ciq•'s choice. showing that Easement Deed is vested in City; subject only to the following exceptions;and the printed exceptions and stipulations in said policy: I) Real Property Taxes for the fiscal year in which escrow closes. 2) 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 %,.•here N\ritten in thesnstructions, 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 liar deposi- of money by City, which shall be made by City upon demand of Escrow Asci• before close of escrow) this escrow is not in condition to close on or before March 31, 2006, any party\\ho 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 respcctiye addresses shown in these escro),y instructions; and if any objections are faised within said five (5)day period. Escrow Agent is authorized to hold all papers or documents until instructed.h\ a court of competent jurisdiction or mutual instruction. if no demands are made, proceed with closing thi's escrow as soon as possible B. JUDGMENT_ IN Ll EU OF DEED - in the event Grantor is unable to deliycr title \y •hin a reasonable period_ of time in accordance with the terms of this Agreement. the , 'ity may file an action in eminent domain to pursue the acquisition of the real prop rty interests described in the referenced Easement. Deed, and this Aurcemehi constitute a stipulation which maybe filed in said proceedings as final and conclu-iye evidence of the total amount of damages for the taking, including all of the itenis li ted in Section 1260.230 of the Code of Civil Procedure, regarding-said properv% rights. C. .ARTICLE HEADINGS - Article headings in this Agreement are for convenience my and are not intended to be used iii interpreting or construing the terms. cc%enants .utd conditions of this Agreement. D. COMPLETE UNDERSTANDING - This Agreement constitutes the c '.ire understanding between the parties with respect to the subject matter hereof. supersa:ing all negotiations, prior discussions, and preliminary agreements or undcrstandi•:__s. r, C� 9 AttacKrrient 3 Nx-ritten or oral. This Agreement may not he amended except in writing by the paries hereto or their successors or assi,ns. E. APPROVALS = This Agreement is subject to and conditioned upon apprin al nil ratification by the Board of Supervisors of the County of San Luis Obispo and the it,,- Council of the City of San Luis Obispo. This Agreement is not bindine upon 'he County or the City until executed by the appropriate.County and.City official(s) ac' n: in their authorized capacity. No Obligation Other Than Those Set Forth Herein Will Be Recognized. APPROVED AS TO FORM AND LEGAL CITY OF SAN LUIS 691SPO EFFECT: By: JAMES B. LINDHOLM, JR. Dave Romero, Mayor County Counsel Title:• By: Date: 2005 Deputy County Counsel Approved as to form: Date: — --_ ______ ______ City Attorney COUNTY OF SAN LUIS OBISPO Bv: By- - - Chairperson of the Board of S upen•isors Approved as to Content Public Works Department Approved by the Board of Supen•isors on 2005 By- ATTEST: Clerk of the Board of Supen isors MAILING ADDRESS OF GRANTOR: MAILING ADDRESS OF CITY: County of San Luis Obispo City of San Luis Obispo Department of General Services 955 Morro Street 1087 Safina Rosa Street San Luis Obispo, CA 93401 .San Luis Obispo, CA 93408 60 ' Attachment9. Recorded at request ofand when recorded return to: Hamncr.JeNvell $.Associates Government Real Estate Services P.O. Box 3086 Shell Beach.CA 93448 A.P..No. 073-371-004(SLO County) _- - fIV('11%B(A ll l'l ll�1.1\I!10R K11 OKUI.K'1"11 -- - ---No recording fee.per Government Code(alt 3 No Documentary Transfer Tax per Revenue A l axation Code 1,1922 Citv of San Luis Obispo WATER TANK SITE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. THE COUNTY OF SAN.LUIS OBISPO. A POLITICAL CORPORATION AND ONE OF'THE COUNTIES OF TliE S'I'-A'I'E OF CAI.IFORNIA (--GRAN-I-OR") does hereby GRANT to the CITY OF SAN LUIS OBISPO,A MUNICIPAL CORPORATION AND A CHARTER CITY EN TME COUNTY OF SAN LUIS OBISPO. STATE OF CALIFORNIA ("CIT)."`1 the following interests in real property: A. A Permanent and Exclusive Easement for the construction, operation, maintenance and repair of a water storage resen•oir and related appuricnances, including associated utilities. pipelines, and related facilities, and ingress and egress rights associated therewith. This exclusive easement shall be in,over, on, through, %%ithim under;and across the Easement Arca of the Real Propcny as defined in this paragraph. The-Real Property" is in the County of San Luis Obispo. State of'California and is described in l:xllibil "A" attached hereto and incorporated h\ reference herein. The -Exclusive Easement Area`' which comprises the Permanent Exclusive Easement is described in Exhibit ­11- and depicted in Exhibit -D-(labeled the 1'erma__nent Easement"therein).each attached hereto and imforporated by reference herein. _ - Pa-c Attachment 4 The Permanent Exclusive Easement described herein shall be SUBJECT TO THE FOLLO\\'1\(i TERMS AND CONDITIONS: 1. The facilities and improvements installed in the Exclusive Easement Area collectiyeh are"referred to herein as--City Facilities." Plans for City Facilities as they exist from time to tiitte shall be maintained at the City's principal offices. 2. City shall have and hold all rights to the exclusive use of the Permanent Exclusive Easement Area. City may restrict the rights of ethers to enter the Exclusive Easement :arca and may erect perimeter fencing around the Exclusive Easement Area and maintain locked«aces in order to protect City Facilities and prohibit access and use by others. 3. City shall have the right of ingress and egress for personnel, vehicles, and construction equipment to. from, and along the Exclusive Easement Area at any time, without prior notice. 4. Subsequent to the grant of this Exclusive Easement, Grantor shall not.grant anv easements of any kind whatsoever to others in, over, on. through, within, under, and across the Exclusive Easement Area without prior written consent of the City. Together with: B. A Temporary Construction Easement for the purposes of facilitating construction of City Facilities, including the right to place equipment and vehicles, pile earth thereon. erect and operate temporary water storage tanks, and utilize.said Temporary Construction Easement for all other related activities and purposes associated with facilitating the construction of City_ Facilities upon the Permanent Exclusive Easeriunt Area described hereinabove, in. on, oyer. under, through, and across that certain parcel ol'land described in Exhibit"C" and depicted in Exhibit"D". attached hereto and incorporated herein. This Temporan, Construction Easement shall commence thirty(30)days following the issuance of a Notice of Construction Commencement issued by City to Grantor via U.S. Mail, and shall terminate within vventy-four (24) months after commencement,or upon completion of construction, whichever occurs first: however; Citv shall have the right to extend the Temporary Construction Easement term in additional three (3) month increments if Citv determines that additional time beyond the t\yenty four month period is necessary for construction completion. In such case. City shall have the unilateral right to extend the Temporary Construction Easement period through construction completion and agrees to compensate Grantor Twch•e Hundred Dollars (51,200.00) for each three-month extension term exercised. Payment for anv such extensions shall be paid by City to Grantor concurrent with City's written notice to Grantor of City's intent to exercise such extension provisions. In any event. this Temporary Construction Easement shall tem-linate on or before June 30. 2008. Upon completion of construction of City's Facilities. the Temporary Construction Easement area shall be generally restored to the condition that existed prior to construction..to the extent reasonably practical, subject to any grading done in conjunction with the construction of City Facilities provided that such grading does not detrimental]\ affect County's adjacent property. Pa-e 4 - - -- -- ' Attachment4 APPROVED AS TO FORM AND LEGAL EHEC`I'. JAMES B. LINDI IOLM.JR. County Counsel By: Deputy County Counsel Date: GRANTOR: COUNTY OF SAN LUIS OBISPO By: Chairperson,of the Board of Supervisors Approved by the Board of Supervisors on 2005 ATTEST: Clerk of the Board of Supervisors State of California County of_ On before me. personally appeared personal l\. 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 signaturets). 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 Signature _(Seal) Page _ 4 _ chment 4 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the Water Tank Site Easement Deed dated , 2005, from The Count•-of San Luis Obispo to the Citi• of San Luis Obispo (Grantee), is hereby accepted by the. undersigned officer on behalf of Grantee, and the Grantee consents to the recordation thereof by its duh• authorized officer or agent. Date: The.Cite of San Luis Obispo By Dave Romero:Mayor Approved as to form: an Lowell. City Aftomey Page 4 4 -- - Attachment 4, - Order No 80844; Exhibit A The "Remainder Parcel"of Parcel Map SLOAL 89-191, in the City of San Luis Obispo. County of San Luis Obispo, State of.California. according to map recorded October 18. 1991, in Book 48. Page 81 of Parce! Maps. I I I I I 1. I i i I i I i i I i Lo"157 Attachment 4 EXHIBIT B Water"Tank Site Easement Legal Description Permanent Easement A portion of Lot 13 of the Deleissiguez Tract as shown on map filed in Book A of Maps at page 9.5. records of San Luis Obispo County. California.described as follows: BEGINNING at a 1•'iron pipe at the intersection of rhe northwest line of Bishop Strect with rht southwest line of Laurel street, said point desi__nated•"S•3" as shown on the map of the Goldir`t Vineyard Tract, filed in Book I of Licensed Surveys at Page 14, records of said County: thence I) along the said northwest line of Bishop Street. South 39"42' 40"Nest 68.500 meters (224.74 feet):thence 2) at right angles.North 50' 17' =0" We,, 46.0(A)meters(150.92 feet): thence 3) at right angles.North 39°42' 40"Eas: 57.567 meters(188.87 feet). more or less, to the said southwest line of Laurel Street. thence 4) along fast said line. South 63°39" 32" East 47.251 meters (155.12 feet)to the POINT 01 BEGINNING. The above-described parcel contains 2817 square meters(30322 square feet). more or less. The above-described parcel is graphically shown on Exhibit D attached hereto and made a pan hereof. 1. Randy Elbson. L57065 t it`Lrx)i Surveyri704022 Bi,hvp Tank SnOFroaijctlpFR.m \f•\f 'I A\K F..JM"f.doc ; ��3 lee Attachment 4 I F KHII11T C Water Tank Site Easement Legal Description Temporary Easement A portion of Lot 13 of the Deleissi;uez Tract as shown on map filed in Book A of Maps at Page 95. records of San Luis Obispo County. California•described as follows: Commencing at a 1•'iron pipe at the intersection of the northwest line of Bishop Street with the southwest line of Laurel Street,said point designated"S-3"as shown on the map of the Goldtrrc Vineyard Tract, filed in Book 1 of Licensed Stinevs at page 14. records of said County; thence along the said northwest line of Bishop Strect. South 39 42' 40"west 68.500 meter. (324.74 feet)to the TRUE POINT OF BEGINNING. thence t) continuing along said line of Bishop Sheet. South 39"4_' 40" West 11.000 meters (49.21 feet); thence, ') at right angles,North 5(7' 17' 20" West 61.000 meters (200,13 feet): thence ?) at right angles, North 39"4'_' 40" Fast 45.(.1(X)meters(147.64 feet): thence 4) at right angles, ,forth 50' I T 'Q" West 40.000 meters (I?1._'3 feet); thence 3) at nght angles. North 39"42' 40'• Fast 14.494 meters(47.55 feet), more or less, to the said southwest line of Laurel Street; thence 4) along last said line,South 63'39' 32" East 56.5321 meters(185.47 feet),more or less, to: line that is parallel with and 46.000 meters (150.92 feet) northwesterly of said northwest line of Bishop Street: thence 5) along said parallel line South 39"42' 40^ West 57.567 meters (188.87 feet), mnre or les, to a point that bears North 50' 17' 20•' West 46.000 meters(150.92 feet) from the true point of beginning: thence I 6) South 50" 17' 20"East 46.000 meters ( 150.9' test) to the TRUE POINT OF I BEGINNING. fhe above-describedarcel contains 2522 p st{u,:re meters 127 146 ~quare feet). more or Ics.i The above-described parcel is graphic.illy shop+n nn Exhibit D attached - — - hereto and matte a pan hereof. ` r, 'G-j��•�C 1. Randy Ellis6n. LS706S Date 1:. \2(x)4 Surwy\1704023 Rishen Tink Sr,c Pr.,du0%1 F'v11j TASK PAIT.d..� Attachment 4 Exhibit D FOUND Y IP W1 TAr. 'RCE 12748- W"m rmE 0"Mot?TRm w my Pm 0 %WVAW MACT 'q 0 EASEMENTy So. 2522 meters -.4 FOUND I' IP 2-7149qsq fee -..Yl/ TAG r6 1% 'RCE 12748* A. Ia. 'r M m 0 01g S-3 op PRMANENT P-0-13 EASEMENT EXHIBIT 8 r" 2817 sq meters 0 z 30322 sq feet Ic MRX SMRAM TAW EASDm3*T L6 TAW UUMT A:gp�M 271 Mo CJ ry it 'c AS%fMkpr4a@ W 9, z % I AAN 48 FM al71+004 T.12,0.8 EXOSIT C N '4 IL GRAPHIC SCALE ip is C 5 vznw) 2C % 1 .1000 A/ 770W22 022 Mo'cp Tank Sfte\M*&M\Drcmngs\tanksltv-e)mfblt-mstdw% RRM DESIGN GROUP PLAT CWAW*t gmft"ft"& PC"&g V,pp OF 3M SOUM MPM SbaK SUb 102'Sm LL* MbM Cdifamh 83401 TEMPORARY AND PERMANENT ftM 805/543-1794-F= 805/543-46M-wwXdjqL=, EASEMENTS u num. L$5276- *wmsuet m,pU57W PAGf I or I