HomeMy WebLinkAbout06/03/2008, C 11 - QUITCLAIM OF EASEMENT ON 3600 S HIGUERA council
j acEnaa Report 1�N..b�
CITY O F SAN LUIS OBISPO
FROM: John E. Moss, Utilities Director
Prepared by: Dan Gilmore, Utilities Engine
SUBJECT: QUITCLAIM OF EASEMENT ON 3600 S. HIGUERA
CAO RECOMMENDATION
Adopt a resolution relinquishing the City's interest in an exclusive easement on the property at
3600 South Higuera Street, and authorize the Mayor to execute the quitclaim deed.
DISCUSSION
On June 5, 1979, the City Council adopted Resolution No. 3866 (1979 Series) approving an
agreement for the conveyance of an easement from property owner 84 Lumber Co. to the City
(Attachment 1). The easement was for the exclusive use by the City of a well, pump, and
appurtenant facilities. The agreement further specifies that the well was to be used for
agricultural irrigation on "Lot 14", which is now a number of developed lots and includes Zaca
Lane. Per the agreement, the City's rights and obligations terminate upon permanent cessation of
the use of Lot 14 for irrigated agriculture purposes. As the City has permanently ceased such
use, it is appropriate to quitclaim the City's interest in the easement back to the underlying
property owner.
The draft resolution, attached hereto as Attachment 2, relinquishes the City's interest in an
exclusive easement and authorizes the Mayor to execute the quitclaim deed. The quitclaim deed
is included as Attachment 3.
CONCURRENCES
The City Attorney concurs with the recommended action.
FISCAL IMPACT
The recommended action results in no fiscal impact to the City.
ATTACHMENTS
1 —Resolution 3866 (1979 Series), agreement, and associated documents
2—Resolution abandoning the subject easement.
3 —Quitclaim Deed
G:\UTIL\CAR-CAO Reports\2008 Council Agenda Reports\84 Lumber Easement Quitclaim CAR
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ATTACHMENT 1
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' RESOLUTION NO. 3866 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
CAL COAST CONSTRUCTION, INC. AND 84 LUMBER COMPANY
CONCERAING USE OF A BELL AND APPURTENANT FACILITIES.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached:hereto .marked Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo and
Cal Coast Construction, Inc. and 84 Lumber Company, concerning use of a well
and appurtenant facilities
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: Director of Public
Services, Cal Coast Construction, Inc., and 84 Lumber Company. i
On motion of Councilman Duniu seconded by Councilwoman Billig I
and on the following roll call vote:
AYES: Councilmembers Billig, Bond, Duma, Jorgensen and Mayor Cooper
NOES: . None
ABSENT: None
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the: foregoing-Resolution was passed and adopted this 5th day of June ,
19 79.
$/LYNN R. COOPER
Mayor Lynn R. Cooper
ATTEST-.
s1J.K FITZPATRICK
City Clerk J.H. Fitzpatrick R 3866
ell-
ATTACHMENT 1
Approved as to form: Approved as to content:
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City Attorney City A i st 9tive Officer
Director of Public Services
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ATTACHMENT 1
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AGREEMENT FOR USE AND MAINTENANCE OF
WELL AND APPURTENANT FACILITIES
THIS AGREEMENT, by and among 84 LUMBER COMPANY,. a Pennsylvania
corporation (hereinafter, "84 Lumber.") , CAL COAST CONSTRUCTION,
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INC., a California corporation (hereinafter, "Cal Coast°) , .and . j
the CITY OF SAN LUIS OBISPO, a municipal corporation (hereinafter, i
"Citi'") . i
W I T N E S S E .T H
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1. 84 Lumber hereby agrees to convey to City an easement
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for City's exclusive use of the property (hereinafter, "premises
conveyed") , described on Exhibit "A" and delineated on Exhibit
"B", both exhibits attached hereto and incorporated herein by
this reference.
2. City shall have exclusive use of the existing well, ten
horsepower turbine pump, and appurtenant facilities, on the
premises conveyed for any purpose desired by City.
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3. City shall make no improvements or modifications to the
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premises conveyed without first obtaining written permission from
84 Lumber.
4. Cal Coast will make all necessary arrangements for the
connection of well facilities on the premises conveyed to City-
owned irrigation facilities located on Lot 14 of the San Luis
Obispo Suburban Tract (hereinafter, "Lot 14u) .
S. Cal Coast shall pay all electrical costs and maintain
the well, pump, and appurtenant facilities on the premises con-
veyed in good working condition for a period of five years from
the date of this agreement. Thereafter City shall assume the
obligation for such payment and maintenance.
6. City's rights and obligations hereunder shall terminate
upon City's sale or conveyance of Lct 14 or, if not sold or con-
veyed, upon the permanent cessation of the use of Lot 14 for.
ATTACHMENT 1
irrigated agricultural purposes. Upon termination City shall
prepare and record documents appropriate to City's abandonment
of the easement to be conveyed hereunder.
7. This agreement may be modified only by mutual written
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consent of all parties hereto.
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8. This agreement shall run with the land and shall be
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binding upon, and shall inure to the benefit of, the heirs,
assigns, and all other successors in interest of theparties
hereto. i
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9. By execution of this agreement it is agreed that Cal
Coast shall be relieved of the cost of replacing an effluent
irrigation line across San Luis Obispo Creek, previously removed
during construction of improvements for Tract No. 592, The
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Meadows.
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IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first above written.
CITY 0 AN LIIIS OBISPO
ATTEST:
r R. Cooger j
City Clerk J..H. FitzpatricklI
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STATE OF MMMT A
COMM CF WASMNM
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Cu m q lop iTn,.before me, the=.Leraigned, a.NOtary Public in
and for said County and State, personally aPPeared George T. HMU side
]mown to me to be the Vice President of the Corporation that executed
the within bmtrumeat on behalf of the corporation therein named, and
aclmoiledged to me that such Corporation executed the within Iastroment
pursuant to its by-laws or a resolution of its board.of directors.
VMMS 4 hand and official seal.
diehard F. Brunton
Notary Pablic in and for said
Wv&'T acd. B too
Md%W E Mwft Sebe Pd9A
kN13 Mq TORMU Phdiingtm CK"
coy ftm"..a.1982
Nm6x, uMi ArIDChaoN00111
ATTACHMENT 1
EXHIBIT "A"
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PROPERTY DESCRIPTION
A portion of Lot 15. of the San Luis Obispo Suburban .
Tract, in the City of San Luis Obispo, County of San
Luis Obispo, State of California.; more particularly
described as follows:
Commencing at the Northeast corner of Lot.15; thence.
North 64032 `15" West, a distance of 987.80 feet; .
thence South 26°16127" West, a distance of 238.23
feet to the true point of beginning of the centerline
of a 20 foot well and appurtenant facilities easement;
thence South 26016127" West,. a distance of 25.35 feet
to the South property line of said property. Bases
of bearing centerline of Higuera North 26016127° : East.
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ATTACHMENT 1
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RECORDING REOUEbll gVX0MT 1TffD BY �J
CITY OF SAN LUIS OBISPO ooc 26657
uo Wma"sassed..:a .o OFFIC11AL RECORDS
so LUIS OSISPO 00., CAL
N... r City Clerk JUN 13 1919
a.«r City Of San Luis Obispo WILLIAM E. ZIMARIK
1ar. P. O. Box 321 COUNTY RECORDER
Oft aL San Luis Obispo, CA 93406 TIME 3 5$ PM
SPACE ABOVE THIS LINE FOR RECORDER'S USE
AFt7R LILS 1. _. .. ._._..IN This SPAC.F..
Corporation Grant Deed
,O 10a E THIS IOAN IVRNISNED SY TITh INSURANCE AND TRUST COMPANY
FOR A VALUABLE:CONSIDF:RATIO\,'receipt of which is hereby acknowledged.
84 LUMBER COMPANY,
a corporation organized under tlw law-*of the state of Pennsylvania
hereby GRANTS to
THE CITY OF SAN LUIS OBISPO
an easement over
the following described real property in the City of San Luis Obispo,
Co..Iy of San Luis Obispo ,.State of California:
A portion of Lc.t 15 of the San Luis Obispo Suburban Tract,
in the City of San Luis Obispo, County of San Luis Obispo,
State of California, more particularly described as follows:
Commencing at the Northeast corner of Lot 15; thence North
64032'15" West, a distance of 987.80 feet; thence South
26016127" West, a distance. of 238.23 feet to the true point
of beginning of the centerline of a 20 foot well and
appurtenant facilities easement) thence South 26016'27" West,
a distance of 25.35 feet to the South property line of said
property. Bases of bearing centerline of Higuera'North
26016127" East.
The easement hereby conveyed subject to the terms and conditions of
"Agreement for Use and Maintenance of Well and Appurtenant Facilities"
attached hereto and incorporated herein by this reference.
In Witness Whereof,said corporation has caused its corporate nano and seal to br aglxeal hectic and this
instrument to be executed by its........ ......._V/.C4_=..._Praidenl snd.._.._,._._....... ., Secretary
thereunto duly'authorized.
84 Lumber Company
Dated:
�eAaas.,�yAare
STATE OF BAb)FeIIN}A
}St
COUNTY OF—�[NcJLQ!J_._.._.._._._.._/ ... --
.._ .
/l7dy /O /
,�Z4_.--_—_before me,the under.
On_
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signed,a Notary public in and for raid County and State,pen,mally Ily
appeared---�EBdFJi"._]'._.L�Bc.!Dt/S(f18_—,known - .. �oE l'msidrnl
to om to be tha_V SA Prtsdeai,and_.-.__....—.--'--'—_— .
ilpVin i��j_,•�.v_4__'--._._..._ ..know"to we to be
u_..-..__Saretoq of The CA rotation that executed! Ily� _ _
within((rrrr{{[u¢�yy�r(( t,•kox*n to me to he Ihepenona%)to executed the n•larr
with 'IMlrlbdrwh•betlalf of lbe Corporation therein named,.and
k4geJ Few that loch Corporation executed The within Imtru.
mtnrpirJkaInt(a its hylia9 or a resolution of its ho"J orihreemel,
R' nly,hand.sad d6,ial seal.
Title Order 1'0. ..
•�.'' .. .'.Name(Typed or Prate Jy 'f:Blhhtan ftljsil /1 or.Loan No. .
' �leiarr Public in and for mid Country i h-a I co,a(y
BOOK MMAirds It"Kissi t of.rY.tlei
ATTACHMENT1
CERTIPICATB OF 'ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by
the Corporation Grant Deed
dated May 10, 1979 , 1979, from 84 Lumber Comoany
to the CITY OF SAN LUIS OBISPO, a Political Corporation, is hereby
accepted by the undersigned officer on behalf of the City Council
pursuant to authority conferred by Resolution No. 549 (1959 Series),
recorded May 26, 1959, in Volume 1002, Official Records, Page 292,
San Luis Obispo County, California, and the Grantee consents to
recordation thereof by its duly authorized officer or his agent.
Date: June 7, 1979
CITY 0 AN LUIS OBISPO
nn R. Coope or
ATTEST: ,
�' atrick, City Clerk
• r
END Of DOCUMENT JOL2162 PALE.733
ATTACHMENT 2
RESOLUTION NO. (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A QUITCLAIM DEED RELINQUISHING THE CITY'S INTEREST IN AN
EASEMENT CONVEYED SUBJECT TO AN AGREEMENT FOR USE AND
MAINTENANCE OF WELL AND APPURTENANT FACILITIES
(3600 SOUTH HIGUERA STREET)
WHEREAS, on or about May 10, 1979, the City entered into an Agreement for Use and
Maintenance of Well and Appurtenant Facilities ("Agreement") with the owner of the property at
3600 South Higuera Street, 84 Lumber Company;
WHEREAS, pursuant to that Agreement, 84 Lumber Company conveyed an easement to
the City for the exclusive use of a well and appurtenant facilities; and
WHEREAS, pursuant to the Agreement, the City's rights and obligations under said
Agreement terminated the City's permanent cessation of use of the subject well and facilities for
agricultural irrigation purposes;and
WHEREAS, such permanent cessation has occurred and the Agreement directs that the
City abandon the easement.
NOW,.THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The City's use of the facilities that are the subject of the Agreement for Use
and Maintenance of Well and Appurtenant Facilities, entered into on or about May 10, 1979
between the City and 84 Lumber Company, has permanently ceased.
SECTION 2. The Mayor, on behalf of the City of San Luis Obispo, shall execute, and the
City Clerk shall cause to be recorded, a quitclaim deed, asset forth in Exhibit "A" attached hereto
and incorporated herein by this reference, relinquishing the City's interest in the easement
conveyed by 84 Lumber Company in conjunction with the Agreement.
Upon motion of seconded by
and on the following vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this day of 2008.
Mayor David F. Romero R
ATTACHMENT 2
Resolution No. (2008 Series)
Page 2
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
Jonath P. ell
City Attorney
ATTACHMENT 3
Recording requested by,and
when recorded,return to:
City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo,CA 93401
APN: 053-051-043
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City
of San Luis Obispo, a political subdivision in the State of California, does hereby release, remise and forever
quitclaim unto 84 Lumber Company all interest, if any, in that certain real property commonly known as 3600
South Higuera Street, located in the City of San Luis Obispo, County of San Luis Obispo, State of California,
described as follows:
An easement in the City and County of San Luis Obispo, State of California, for water well and appurtenance
facilities over a portion of Lot 15 of the San Luis Obispo Suburban Tract, recorded June 13, 1979 as Document
No. 26657 of Official Records.
The purpose of this deed is to extinguish all rights ONLY in that certain easement, described above, granted in
favor of the City of San Luis Obispo.
City of San Luis Obispo:
Dated: 2008
By: David F. Romero, Mayor
State of California }
County of San Luis Obispo }
On 2008, before me, Notary Public,
personally appeared David F. Romero who proved to me on the basis of satisfactory evidence to be the person
whose name is. subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the
person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Notary Public
Capacity claimed by signer:
( )individual(s) ( )corporation ()partnership ( )attorney-in-fact (x) political agency