HomeMy WebLinkAbout08/19/2008, C11 - TANK FARM GRAVITY SEWER, LIFT STATION AND FORCE MAIN PROJECT - UNION OIL COMPANY EASEMENTS council
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CITY OF SAN LU I S O B I S P O
FROM: Dave Hix,Acting Utilities Director
Prepared by: Jennifer Metz,Utilities Projects Manager
SUBJECT: TANK FARM GRAVITY SEWER, LIFT STATION AND FORCE
MAIN PROJECT—UNION OIL COMPANY EASEMENTS
CAO RECOMMENDATION
1. Approve Sewer Facilities Easement Deed with Union Oil Company and authorize the
Mayor to execute the Deed.
2. Approve Right of Way Agreement with Union Oil Company in the amount of $86,000
and authorize the Mayor to execute the Agreement.
3. Approve Soil and Groundwater Intrusion Agreement with Union Oil Company for
handling of contaminated soil and groundwater and authorize Mayor to execute the
Agreement.
4. Authorize CAO to execute the necessary supplemental escrow paperwork to complete the
transaction.
DISCUSSION
Work on the Tank Farm Gravity Sewer, Lift Station and Force Main Project (Tank Farm Project)
extends along Broad Street, Tank Farm, Sueldo, Bonetti, Empressa, and Prado Roads (Attachment
1). There are four landowners in proximity to the project including Coker Ellsworth Development
(265 Meissner Lane), Union Oil Company (276 Tank Farm Road), Hidden Hills Mobilodge (650
Tank Farm Road), and Lathrop Properties (660 and 666 Tank Farm Road). The project involves the
purchase of real property (the Lift Station Site), as well as obtaining permanent access easements,
sewerline easements, and temporary construction easements from these landowners.
This report covers the easements on the Union Oil Company properties located on the north and
south sides of Tank Farm Road. It consists of a 20-foot wide, 88,908 square foot, permanent
sewerline easement. To facilitate construction, an adjacent 60-foot wide, 256,702 square foot,
temporary (12-month) construction easement is also necessary. The legal descriptions of the
easement locations are included in Attachment 2, Sewer Facilities Easement Deed.
City staff and real estate services consultant Hamner Jewell and Associates have been working with
the property owner to negotiate the purchase of real property and the subject easements for the
several months. As part of these negotiations, the City commissioned an appraisal for the proposed
easements in May 2008. The market value for the properties to be acquired was based upon an
appraisal conducted by a certified and state licensed appraiser, which was prepared in accordance
with accepted appraisal principals and procedures. The property owner has agreed to $86,000
compensation wherein approximately $27,500 is for a permanent sewerline easement and
approximately $58,500 is for a temporary construction easement as described Attachment 3, Right
of Way Agreement.
C j/-/
Tank Farm Project,Union Oil Properties Easement Agreement
Page 2
The proposed Soil and Groundwater Intrusion Agreement (Attachment 4) outlines the
responsibilities for contaminated soils and groundwater between Union Oil and the City during the
project. Union Oil will be monitoring and disposing, if needed,of any and all contaminated soils on
site as wellas providing treatment for contaminated groundwater. The City has acquired the needed
permits for.groundwater disposal and will be providing the required reporting. This particular
agreement also includes purchasing water for the lift station surge tank, landscaping and
maintenance needs until City water becomes available.
Attachments included here (Sewer Facilities Easement Deed, Right of Way Agreement, and Soil
and Groundwater Intrusion Agreement) are draft documents as executed agreements from Union
Oil are pending. No substantive changes to the Attachments are anticipated. If Union Oil
requests any substantive changes, staff will red file new agreements with a memo noting the
changes.
FISCAL IMPACT
Approval of the recommended agreements with Union Oil for the Tank Farm Project will cost a
total of $86,000. The remaining Tank Farm Project easement purchases on the Coker-Ellsworth,
Lathrop Properties and Hidden Hills Mobilodge properties are the subject of separate reports at this
same Council Meeting.
The approved Tank Farm Project budget is$12,910,000, as follows:
Project Budget
Current Budget Proposed Change Revised Budget
Study 60,345 0 60,345
Land Acquisition-99703 416,000 50,100 466,100
Land Acquisition-55300-7227 58,167 0 58,167
Design 933,216 0 933,216
Construction and Contingencies 10,446,000 (50,100) 10,395,900
Construction Management/Office Engineer-ing Engineer-in996,272 0 996,272
Total 12,910,000 - 12,910,000
The total cost of the easement acquisitions collectively for Tank Farm Project is $466,100.
Available contingency funding in the amount of$50,100 will be transferred to the land acquisition
phase of the project budget, resulting in a revised land acquisition budget of$466,100. Sufficient
budget is available to complete acquisition of the required easements for this project.
ATTACHMENTS
1. Tank Farm Gravity Sewer,Lift Station and Force Main Project Map
2. Sewer Facilities Easement Deed
3. Right of Way Agreement
4. Soil and Groundwater Intrusion Agreement
G:\CAR Reports\2008 Council Agenda Reports\Tank Farm Sewer Project\Union Oil Easement Acquisition
'02-
` - Attachment I
City of San Luis Obispo
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ATTACHMENT 1:Tank Farm Gravity Sewer, Lift Station and Force Main Project Map
NORTH
Not to Scale
-� Attachment
x AFT
Recorded at request of and
When recorded return to:
Hamner,Jewell &Associates
Government Real Estate Services
340 James Way, Suite 150
Pismo Beach, CA 93449
A.P. No. 076-351-037, 076-351-040, 076-351-041,
076-381-019, 076-381-021,076-382-004,076-382-001,
076-352-062(SLO County)
SPACE ABOVE THIS LINE FOR RECORDER'S USE
No recording fee per Government Code 6103
No Documentary Transfer Tax per Revenue&Taxation Code 11922
City of San Luis Obispo
SEWER FACILITIES EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Union Oil Company of California, A California Corporation (hereinafter referred to as
"GRANTOR")
does hereby GRANT to the
CITY OF SAN LUIS OBISPO, A MUNICIPAL CORPORATION AND A CHARTER
CITY IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA
(hereinafter referred to as "CITY")
the following interests in real property:
A. A Permanent Sewerline Easement(`-`Permanent Sewerline Easement') for the
installation, construction, reconstruction, enlargement, operation,.maintenance,replacement, and
repair of sewerlines, conduit and related appurtenances, including associated utilities, valves,
manholes, markers, and related facilities, and ingress and egress rights associated therewith. This
Permanent Sewerline Easement shall be in, over, on, along,through, within, under, and across
the Permanent Sewerline 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 "Permanent Sewerline
Easement Area" which comprises the Permanent Sewerline Easement is described in Exhibit "B"
and depicted in Exhibit "D", both attached hereto and incorporated by reference herein..
Together with:
SLO Sewer Easement Deed Page 1/7 8/6/2008
� Attachment
R AFT
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, and utilize
said Temporary Construction Easement for all other related activities and purposes associated
with facilitating the construction of City Facilities within the Permanent Sewerline Easement
described hereinabove, in, on, over, under, through, and across that certain parcels of land
described in Exhibit "C" and depicted as "Temporary Construction Easement" in Exhibit "D",
both attached hereto and incorporated herein. This Temporary Construction Easement shall
commence on the date hereof, and shall terminate within twelve (12) months after
commencement; provided, however, that City shall have the right to extend the Temporary
Construction Easement term in additional one (1) month increments if City determines that
additional time beyond the twelve 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 Four Thousand, Eight
Hundred Forty Six Dollars ($4,846) for each one month extension term exercised. Payment for
any 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 terminate on or before June 30, 2010. Grantor and City Buyer shall
use all reasonable efforts to cooperate with each other and coordinate Grantor's remediation of
and grading on the Property with City's installation of the City Facilities.
The Permanent Sewerline Easement and Temporary Construction Easement area
described herein shall be SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
1. The facilities and improvements installed in the Permanent Sewerline 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. Subsequent to the grant of.this deed, excepting for grants to entities invoking the
power of eminent domain, Grantor shall not grant any easements of any kind whatsoever to
others in, over, on, through, within, under and across the Permanent Sewerline Easement Area
without prior written consent of the City.
3. City shall have the right of ingress and egress for personnel, vehicles, and construction
equipment to, from, and along the Permanent Sewerline 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 Permanent Sewerline
Easement Area, as deemed reasonable by the City. Further, during construction of the sewer
facilities, City shall temporarily relocate the fence located within the Property to a location
adjacent to the property as described in the Easement Deed and restore said fence to the location
shown on the plans for the City facilities, leaving room for access to the City's manholes within
the Permanent Sewer Line Easement. Upon completion of construction, any maintenance, repair
and/r replacement of City's Facilities, the Temporary Construction Easement area and Permanent
Sewer Line Easement Area Grantee shall be restored as nearly as possible to the same state and
condition that it was in prior to any of Grantee's activities.
SLO Sewer Easement Deed Page 2/7 8/6/2003
1
-- Attachment
NFT
4. As the amount of earth or other fill over City 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 shall not temporarily or
permanently modify, nor grant rights to others to in any way modify, the ground surface elevation
in the Permanent Sewerline Easement Area from the elevation established upon completion of
construction of the City Facilities without the City's written consent, which consent.shall not be
withheld unreasonably. Grantee shall not modify the existing grade in a manner that would
increase storm water runoff to the property adjacent to the Permanent Sewerline Easement Area.
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 Sewerline
Easement Area to the extent that City Facilities may be damaged. However, City acknowledges
that as part of Grantor's remediation and development grading effort, grading to provide access
to construction areas and to provide temporary and permanent drainage will take place within the
easement area and allows such use so long as it does not damage the City Facilities. Further,
City acknowledges that Grantor may be using explosives in the vicinity of the City Facilities and
allows such use as long as it does not damage the City Facilities. Grantor shall bear the liability
and responsibility for damage to City Facilities caused by any of such work by Grantor.
5. The Permanent Sewerline Easement is subject to all existing fencing, canals, irrigation
ditches, laterals, pipelines, roads, electrical transmission facilities, telephone and telegraph lines,
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 Permanent Sewerline Easement Area
for agricultural purposes which do not include vegetation which endangers the integrity of the
City Facilities, provided, however, that City shall have the right to clear and keep clear from the
Permanent Sewerline Easement all explosives, buildings, structures, walls, and other facilities of
a permanent nature which interfere with City's use of the Permanent Sewerline Easement.
Grantor shall not construct, nor permit others to construct, such permanent facilities that conflict
with City's ability to access and use the Permanent Sewerline Easement. Excepting any rights
held by or granted to an entity invoking the power of eminent domain, City shall have the light of
exclusive use and possession within the Permanent Sewerline 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 and improvements, at
the Grantor's expense. Consistent with the permitting requirements and authorizations issued to
the City by those governmental entities or agencies having jurisdiction, City shall not disturb,
destroy or otherwise cause damage to or interfere with endangered species, protected habitat
and/or wetlands either within the Easement or on properties adjacent to or in the vicinity of the
Easement.
6. City agrees to indemnify, defend and hold Grantor and its parent corporation and their
affiliates, employees and agents, and all other parties having an interest in the Permanent Sewer
Line Easement Area and the property encumbered by the Temporary Easement (hereinafter the
"Indemnities"), harmless from and against any and all claims, demands, actions, causes of action,
losses or liabilities for injury to or death of persons, or for damage to or destruction of real or
personal property, or for civil penalty(but not criminal penalty), including injury to or death of
any personnel of Grantor or City or of any other persons, and including damage to or destruction
of the Permanent Sewer Line Easement Area and/or the property encumbered by the Temporary
SLO Sewer Easement Deed Page 3/7
8/6/2008 C'
-- Attachment
'RAF
Construction Easement, arising out of or in any way connected with the actions of the City its
officer, agents, employees or independent contractors in exercising the rights permitted
hereunder. Such indemnification shall include such injury, death, damage or destruction as may
be caused, directly, indirectly, or contributorily by the active as well as passive negligence,
excepting gross negligence or willful misconduct, of Grantor its employees, agents, or
independent contractors. In the event any claim is asserted or action instituted against Grantor,
its employees or agents or against other parties to which this indemnity applies, City shall
immediately upon receipt of notice of such claim or action assume and pay for the defense of the
indemnified party, and shall satisfy any judgment against the indemnified party that may be
rendered, to the extent that such judgment arises form or relates to a claim for which the City or
its responsible parties is found to be liable.
7. In addition to the obligations of City in Paragraph 4 above, City shall obtain and
maintain the following insurance coverage at all times while occupying the Permanent Sewer
Line Easement Area and/or the property encumbered by the Temporary Construction Easement:
(a) Contractual liability to cover liability assumed under this Agreement; and
(b) Comprehensive general liability including personal injury and property damage
liability.
The limit of liability for such insurance shall not be less than Two Million Dollars
($2,000,000)to indemnify against the claim of one or more persons.
The insurance required under this Paragraph 7 herein shall be on forms and with a
company satisfactory to Grantor; protecting Grantor against any liability to any person or
persons,arising out of or in any way connected with the exercise of any of the permission granted
hereunder. Grantor, its parent corporation and their affiliates shall be named as an additional
insured in such policy or policies and such policies or certificates thereof,endorsed 'Premium
Paid," shall be delivered to Grantor prior to the exercise by City of any permission granted
hereunder. City shall obtain the written agreement of the insurers to notify Grantor, in writing,
prior to any cancellation of such policy. It is expressly understood that the fulfillment by City of
this obligation under this paragraph is a condition precedent to the exercise by City of any
privileges herein contained. City shall be allowed to meet its insurance obligations through the
self insurance program that City participates in.
Without in any limiting City's liability pursuant to Paragraph 6 above, City shall
obtain from its contractors and subcontractors the insurance coverages and endorsements set
forth above, excepting that both Grantor and City shall be named additional insureds therein.
8. Arbitration; Choice of Forum.• Governing Law.
(a) Matters Covered. Any controversy between the Parties arising out of this
Agreement, or breach thereof, shall be subject to the procedure described below to
the exclusion of other legal remedies.
etv 7
SLO Sewer Easement Deed Page 4/7 8/6/2008
ATTACHMENT
DRAFT
(b) Notice of Dispute. If any Party asserts that a breach of this Agreement has
occurred resulting in a claim, then such Party shall give written notice to the other
Party, citing the provision of this Agreement that has been breached and the
relevant facts supporting such claim.
(c) Meeting between Parties. A meeting shall be held promptly between the Parties,
attended by individuals with decision-making authority to attempt in good faith to
negotiate a final resolution of the dispute.
(d) Dispute Resolution Process. If within sixty(60)days after the issuance of a notice
under Section 12.B the Parties have not succeeded in resolving the dispute,they shall
submit the dispute to a mutually acceptable third party mediator. City and Permitter will
participate in good faith in the mediation and the mediation process. The mediation shall
be non-binding. If the dispute is not resolved by mediation, then within thirty(30)
days after the termination of the mediation process, either Party may petition a
court of competent jurisdiction for a reference in accordance with California Code
of Civil Procedure Section 638 et seq. or their successor Sections and to
acknowledge the appointment of a referee ("Referee"). The Referee shall be
appointed, as set forth in Section 8.e. below, to sit as a temporary Judge with all of
the powers of a temporary Judge authorized by law and shall preside in
accordance with the rules of court applicable pursuant to Section 638 et seq (or as
subsequently amended). In the event that the enabling legislation, which provides
for the appointment of a referee, is repealed and no successor statute is enacted,
any controversy, dispute or claim that would otherwise be determined by a
reference procedure herein, will be resolved and determined by binding arbitration
as set forth herein. If neither Party submits the dispute as aforesaid,then neither Party
shall be entitled to pursue any litigation remedy. Neither Party shall be entitled to seek
or recover punitive damages in these proceedings.
(e) Selection of an Arbitrator and Arbitration Rules. If within thirty (30) days
following the submission of a matter to binding arbitration, the Parties cannot
agree on an arbitrator, then an arbitrator shall be selected by the Judicial
Arbitration Mediation Service ("JAMS"). If the Parties cannot agree on
arbitration rules then the arbitrator shall set the arbitration rules.
(f) Costs. The costs of the mediation and arbitration, including any mediator's fees,
administration fees, the arbitrator's fee, and costs for the use of facilities during
the hearings, shall be borne equally by the Parties. Attorneys' fees may be
awarded to the prevailing or most prevailing Party at the discretion of the
arbitrator.
(g) Indirect, Consequential and Punitive Daman. Neither party shall be awarded
indirect, consequential and/or punitive damages.
(h) Should either party hereto institute any action or proceeding in court to enforce
any provision hereof or for damages by reason of an alleged breach of any
provision of this Agreement, the prevailing party shall be entitled to receive from
the losing party such amount as the court may adjudge to be reasonable attorneys'
fees for the service rendered the prevailing party in such action or proceeding.
Signatures(s)follow on next page...
SLO Sewer Easement Deed Page 5/7 8/6/08 �� 0
Attachment
LJXAF[
GRANTOR:
Union Oil Company of California,a
California Corporation
By:
Name:
Title:
By:
Name:
Title:
State of California)
County of )
On , before me, Notary Public,
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
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
Signature (Seal)
SLO Sewer Easement Deed Page 6/7 8/6/2008
Attachment
MAU=
CERTIFICATE OF ACCEPTANCE
GOVERNMENT CODE SECTION 2781
CERTIFICATE OF ACCEPTANCE,
This is to certify that the interest in real property conveyed by the Sewer Facilities Easement
Deed dated from Union Oil Company of California, Grantor
therein, to the City of San Luis Obispo ("City"),is hereby accepted by the undersigned officer on
behalf of City, and City hereby consents to the recordation thereof by its duly authorized officer
or agent.
In Witness Whereof, I have set my hand this day of 2008.
City of San Luis Obispo
By
Name: Dave Romero
Title: Mayor
Approved as to form:
Jo an P. Lowell;City Attorney
Attest:
City Clerk
SLO Sewer Easement Deed Pa-e 7/7 8/6/2005
J
Attachment 2
RAF U
LEGAL DESCRIPTION
PARCEL 1: APM a portion of 076,352,062
Lots 9 through I I,of the Vachell Tract, in the County of San Luis Obispo, State of California,according
to Map recorded February 6, 1893 in Book 1,Page 4 Record of Surveys.
EXCEPTING THEREFROM that portion as granted to Florino Bonetti, in deed recorded December 28,
1943 in Book 350,Page 470 of Official Records.
Shown in Certificate of Compliance which recorded March 19,2003 as Instrument No. 2003027805 of
Official Records.
PARCEL 2: APN:a portion of 076,352,062
Lots 12 through 20 inclusive,of the Vachell Tract, in the County of San Luis Obispo;State of California,
according to Map recorded February 6, 1893 in Book 1, Page 4 Record of Surveys_
Shown in Certificate of Compliance which recorded March 19, 2003 as Instrument No.2003027806 of
Official Records_
PARCEL 3: APN076,383,001 and 076,383,002
Parcels I and 2 of Parcel Map CO 03-0287, in the County of San Luis Obispo,State of California,
according to Map recorded October 3, 2D06 in Book 67 at Page 46 of Parcel Maps.
PARCEL 4: APN: a portion of 076,382,005
Lot 62 of the San Luis Obispo Suburban Tract,in the County of San Luis Obispo, State of Califomia,
according to Map recorded February 6, 1906 in Book 1,Page 92 Record of Surveys.
Shown in Certificate of Compliance which recorded March 19, 2003 as Instrument No.2003027809
Official Records. of
PARCEL 5: APN: a portion of 076,382,005
Lot 60, 61 and 66 of the San Luis Obispo Suburban Tract, in the County of San Luis Obispo,State of.
California, according to Map recorded February 6, 1906 in Book 1,Page 92 Record of Surveys.
EXCEPTING THEREFROM that portion of Lot 60 and 66 conveyed to Adele 2anolIi in deed recorded .
October 14, 1939 in Book 266,.Page 214 of Official Records.
Shown in Certificate of Compliance which recorded March 19, 2003 as Instrument No. 2003027810 of
Official Records.
Attachment
DRAFT
PARCEL 6: APN: .a portion of 076,382,005
Lot 59 of the San Luis Obispo Suburban Tract, in the County of San Luis Obispo, State of California,
according to Map recorded February 6, 1906 in Book 1, Page 92 Record of Suryeys.
EXCEPTING THEREFROM that portion conveyed to.the County of San Luis Obispo, State of
California in deed recorded December 3, 1935 in Book 207, Page 55 of Official Records.
ALSO EXCEPTING THEREFROM that portion conveyed to the Anders.Nielsen in deed recorded May
9, 1941 in Book 294, Page 483 of Official Records.
ALSO EXCEPTING THEREFROM that portion conveyed to the County of San Luis Obispo in deed
recorded August 20, 1975 in Book 1849,page 114 of Official Records.
Shown in Certificate of Compliance which recorded March 19, 2063 as Listrument No..2003027811 of
Official Records.
Portion of APN 076,381,021
Lot 54 of the San Luis Obispo Suburban Tract, in the County of San Luis Obispo,State of California,
according to Map recorded February 6, 1.906 in Book 1, Page 92 of.Records of Survey as described on
Certificate of Compliance recorded March 1.9, 2003 as Instrument No, 2003-27815 of Official Records.
oOFtlfar. A 'PAGE OF
Attachment
`=',NAT
LEGAL DESCRIPTION
Parcel 1:
Portion of APN 076,381,021
That portion of Lot 56 of the San Luis Obispo Suburban Tract, in the County of San Luis Obispo, State
of California,according to map recorded February 6, 190.6 in Book I Page 92 of Records of Survey,
described as follows:
Commencing at Stake G.12 at Northeasterly corner of said Lot; and running
THENCE West along the Northerly line of said lot,5.01 chains (330.66 feet);
THENCE through said lot South and parallel to the Easterly line thereof, 20.01 chains (1,320.66 feet) to
the Northerly line of road and South,line of lot;
THENCE East along said North line of said road, 5.01 chains(330.66 feet) to stake S.97 at the
Southeasterly comer of said lot;
THENCE North along the East line of said lot, 20 chains(1,320 feet) to the Point of Beginning, as
described in Certificate of Compliance recorded March 19, 2003 as Instrument No. 2003-27812 of
Official Records.
Parcel 2:
Portion of APN 076,381,021
That portion of Lot 56 of the San Luis Obispo Suburban Tract, in the County of San Luis Obispo, State
of California,according to map recorded February 6, 1906 in Book 1 Page 92 of Records of Survey,
described as follows:
Beginning at stake S.95 at Southwest comer of Lot 56;.
THENCE North 0° 10' West,20.02 chains(1,321.32 feet) to stake S.123 at Northwest comer of said lot;
THENCE on lot line East 5.39 chains(355.74 feet);
THENCE through Lot 56 parallel to East line thereof South 20.01 chains (1,320.66 feet
road; ) to North line of
THENCE on said road line West 5.33 chains(351.76 feet) to the Point of Beginning, as described in
Certificate of Compliance recorded March 19, 2003 as Instrument No. 2003-27813 of Official Records.
Parcel 3:
Portion of APN 076,381,021
Lot 55 of the San Luis Obispo Suburban Tract, in the County of San Luis Obispo, State of California,
according to Map recorded February 6, 1906 in Book 1, Page 92 of Records of Survey, as described in
Certificate of Compliance recorded March 19, 2003 as Instrument No. 2003-27814 of Official Records.
tLjiOTA PAGE- OF c��113 .
_.' Attachment
�LRAFT
Parcel 4:
Portion of APN 076,381,021
Lot 54 of the San Luis Obispo Suburban Tract, in the County of San Luis Obispo, State of California,
according to Map recorded February 6, 1906 in Book 1, Page 92 of Records of Survey as described on
Certificate of Compliance recorded March 19, 2003 as Instrument No. 2003-27815 of Official Records.
End of Legal Description
Attachment 2
DRAFT
Permanent Easement
Legal Description
A portion of Lots 11, 12, 13 and..14 of the Vachei_l Tract, in the County of San Luis
Obispo, State of California,.according to the Map thereof titled "Map of the Subdivision
of Lots No. 24-26-31, North half of Lots No. 18-23-30 and the South portion of
Lot No. 17 of the Harford and Chapman Subdivision in T.31 S.R.12E. M.D.M. in San
Luis Obispo Co_ Cal.,"recorded February 6, 1893, filed in Book 1, at Page 4 of Record
of Surveys in the office of the Recorder for said County,more particularly described as
follows:
Commencing at a found 2 inch Iron Pipe with brass cap marked"Union Oil Company
No. 14,R.H.J_ L.S. 2019",marking the Southwest corner of Lot 50 of that tract of land
referred to locally as the"Suburban Tract" according to the map entitled, "Map of the
Subdivisions of the Suburban Tract", in the County of San Luis Obispo, State of
California, recorded February 7'h, 1906, filed in Book 1,at Page 92 of Licensed Surveys
in the office of the Recorder for said County, and shown on that map of a Portion of the
Vachell.and San Luis Obispo Suburban Tracts, recorded October 16, 1939, filed in Book
2,at Page 55 of Record of Surveys in the office of the Recorder for said County;
Thence, South 84° 07' 14"East, 513.17 feet to the Northeast Corner of that parcel of land
conveyed to John D. Whitson and Linda Whitson, Husband and Wife,by Joint Tenancy j
Grant Deed, recorded June 21, 1972, filed in Book 1674,at Page 411 of Official Records
in the office of the Recorder for said Count being a I
County, g point on the southerly boundary of J
that 40.00 foot wide Right-of-Way for Tank Farm Road as shown on said map filed in
Book 2, at Page 55 of Record of Surveys, and being the True Point of Beginning;
+i
Thence, continue along the southerly boundary of said Right-of-Way, South 88-35' 28"
I
-East, 1021.15 feet;
1
i
Thence, leaving said Right-of-Way, South 01 24' 32" West,20.00 feet;.
I '
Thence, North 88' 35' 28" West, 1032.76 feet to a point on the Southeasterly line of said
parcel of land conveyed to John D. Whitson and Linda Whitson; 1
Thence, along said Southeasterly line, North 3 V 33' 12".East, 23.13 feet to the southerly !
boundary of said Right-of-Way at the True Point of Beginning. I
Containing 20,539 square feet more or less.
And,
I
A 10.00 foot wide strip of land in the County of San Luis Obispo, State of California,
across a portion of Parcel 1 of Parcel Map CO 03-0287, as recorded October 3'd, 2005,
I
- i
faprnj\2007\021121\Survey\Design\Constructi on Drawings\Enel ish\Legal Descrip tions\0800707-Union Oil\Perman ent
Easemcn Ldoc
_ OF ;
'..
Attachment
DRAT
filed in Book 67, at Pages 46 through 48 inclusive of Parcel Maps in the office of the
Recorder for said County, more particularly described as follows:
The East 1529.84 feet of the southernmost 10.00 feet of said Parcel 1, lying northerly of
and adjoining that Right-of-Way for Tank Farm Road accepted by Resolution No. 2006-
320 of the San Luis Obispo County Board of Supervisors,filed as Document No.
2006070013 of Official Records in the office of the Recorder for said County, and shown
on said Parcel Map;
Containing 15,298 square feet more or less.
And,.
A 20.00 foot wide strip of land across a portion of Lots 54 and 55, of that tract of land
referred to locally as the "Suburban Tract"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 7, 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:
The southernmost 20.00 feet of said Lot 54 and the westerly 457.73 feet of the
southernmost 20.00 feet of said Lot 55, lying Northerly of and adjoining the 40.00 foot
wide Right-of-Way for Tank Farm Road as shown on said map filed in Book 2, at Page
55 of Record of Surveys;
Containing 22,351 square feet more or less.
And,
A portion of Lots 59-62, inclusive, of that tract of land referred to locally as the ;
"Suburban Tract" according to the map entitled, "Map of the Subdivisions of the
Suburban Tract", in the County of San Luis Obispo, State of Califomia, recorded {
February 7h, 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: '
i
Commencing at a found 2 inch Iron Pipe with brass cap marked "R.H.J.-L.S. 2019",
marking the Southwest comer of Lot 57 as shown on that map of a Portion of Vachell
and San Luis Obispo Suburban Tracts, recorded October 16, 1939, filed in Book 2 at
Page 55 of Record of Surveys in the office of the Recorder for said County; I
Thence, South 01' 25' 48"West,40.00 feet to the Northeast corner of said Lot 60 at a f
point on the southerly boundary of the 40.00 foot wide Right-of-Way of Tank Farm Road
as shown on said map filed in Book 2, at Page 55 of Record of Surveys, being the True
Point of Beginning;
Thence, along the.East line of said Lot 60, South 01° 24' 32" West, 9.18 feet to the
southerly line of the Tank Farm Road Right-of-Way accepted by Resolution No. 2005-
i.
i
FApraj\2002\021121\Snn'r_v\pcsignlConmtction Dra,,ing51EngNshV.eg11 Ucscnplions117SO0707-Union UilWennanenl
Easernen[.doc
- Attachment
273 of the San Luis Obispo County Board of Supervisors, filed as Document No_
2005079633 of Official Records in the office of the Recorder for said County;
Thence, continue along said Right-of-Way, South 86°49' 27"East, 221.53 feet;
Thence, leaving said Right-of-Way, South 01'24' 32"West, 4.04 feet;
Thence, North 88°35' 22"West, 1703.01 feet;
Thence, North 01'24' 32"East, 20.00 feet to a point on the southerly boundary of the
40.00 foot wide Right-of-Way of Tank Farm Road as shown on said map filed in Book 2,
at Page 55 of Record of Surveys;
Thence, South 88°35' 28"East, 1481.58 feet to the True Point of Beginning.
Containing 30,720 square feet more or less.
End Description
Prepared by:
Daniel S. Hutchinson, PLS 5139 (license renewal, 06/30/09)
Date: Z� 7001
c,`"aS�OL4 HU��Fyo
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Attachment
A
Temporary Easement
Legal Description
A portion of Lots 11, 12, and 13 of the Vachell Tract, in the.County of San Luis Obispo,
State of California, according to the Map thereof titled "Map of the Subdivision of Lots
No.24-26- 31,North half of Lots No. 18-23 -30 and the South portion of Lot No.
17 of the Harford and Chapman Subdivision in T.3 IS. R-12E. M.D.M. in San Luis
Obispo Co. Cal.,"recorded February 6, 1893 and filed in Book 1 at Page 4 of Record of
Surveys in the office of the Recorder.for said County, described as follows:
A 60.00 foot wide strip of land across said Lots, lying southerly of and adjoining the
southerly boundary of the Permanent Sewer Pipeline Easement described by the
hereinabove"Exhibit B";
And, bound on the East by the East Line of said Lot 13;
And, bound on the West by the East line of that parcel of land conveyed to John D:
Whitson and Linda Whitson, Husband and Wife, by Joint Tenancy Grant Deed,recorded
June 21, 1972, filed in Book 1674, at Page 411 of Official Records in the office of the
Recorder for said County;
Containing 51,546 square feet more or less.
And,
A strip of land in the County of San.Luis Obispo, State of California, across a portion of
Parcel 1 of Parcel Map CO 03-0287, as recorded October 3rd, 2005, filed in Book 67, at
Pages 46 through 48 inclusive of Parcel Maps in the office of the Recorder for said
County, more particularly described as follows:
i
The West 1399.48 feet of 60.00 foot wide strip of land across said Parcel 1, lying
northerly of and adjoining the northerly boundary of the Permanent Sewer Pipeline f
Easement described by the hereinabove"Exhibit B"; j
1
Containing 83,969�square feet more or less.
And,
A strip of land across a portion of Lots 54 and 55, of that tract of land known as the
"Suburban Tract"according to that map entitled, "Map of the Subdivisions of the
Suburban Tract", in the County of San Luis Obispo, State of California,recorded
February 7, 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: I
1
1
F\pruj\2002\021.121\Sur e \Desi \Cnnshuciion ora wind,
s\English\Lei;al Descriptions\t2600707-Uniun Oil\Temporary
Easemcntdoc
Attachment 2
FT
A 60.00 foot wide strip of land across said Lot 54 and the West 196.99 feet of a 60.00
foot wide strip of land across Lot 55, lying northerly of and adjoining the northerly
boundary of the Permanent Sewer Pipeline Easement described by the hereinabove
"Exhibit B;
Containing 51,410 square feet more or less.
And,
A strip of land across a portion of Lots 60 and 61 of the San Luis Obispo Suburban Tract,
in the County of San Luis Obispo, State of California, according to the Map thereof titled,
"Map of the Subdivisions of the Suburban Tract", recorded February 7, 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:
A 60.00 foot wide strip of land across said Lots 60 and 61, lying southerly of and
adjoining the southerly boundary of the Permanent Sewer Pipeline Easement described
by the hereinabove"Exhibit B, except the West 179.63 feet lying within said Lot 61;
Containing 69,757 square feet more or less.
End Description
Prepared by: IA
Dan el S. Hutchinson,PLS 5139(license renewal, 06/30/09)
I
Date: 0\.N NO
* NU..5139 Z) , {
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�... R, ' F T Attachment.�
PARCp. 1 OF
00 03-0287
(67/'PM/47) I
(FORMERLY PTN OF LOTS ( PiAI LOT 54
SANT LUIS OBISPO SMI LUIS OBISPO PTM oF OF LST 55
SUBURBAN TRACT) SUBURABA�N TIZ/1CT SAN LUIS OBISPO
OAS/92) (1n-S/92 SUBURBAN TRACT I.
OWNER:UNION OIL CO_ I
(�AS/82)
OF CALIFORNIA . I OWNER:UNION OIL CO. OWNER:UNION OIL CO.
CERTIFICATE OF OF CALIFORNIA OF CALIFORNIA
COMPLIANCE DOC. NO. CERTIFICATE OF CERTIFlCAIE )
2003-027816 TANK FARM RNORTHERLY OAD F 3 COMPLIANCE027815 N0 ( COMPLIANCE DOC. NO.
(LOT 51) RIGHT—OF—WAY PER
(LOT 52) DOC. NO. 2005070013 I
1LOT 531 LETT 54
p LOT 55
{
—+--S88'35'28w139948' o
9 '_S835 28 152 .84S88'35'28'E ci
856.84 w
9.
_ 57.7 '
76.08' a- w^ _ TANK -FARM ROAD
o SOUTHERLY LINE OF SEE DETAIL -A' 196 99'
0 o TANK FARM ROAD 40.
cs D (j RIGHT-OF-WAY PER
OWNER:UNION OIL Co.
DOC. NO. 2006070013
' c4 1-.
OF CALIFORNIA1- OWNER-UNION
OWNER=UNION
(Q o1L CO. OF I OIL Co. OF OWNER:UN1oN
CC CALIFORNIA CALIFORNIA I OIL CO. OF
t � PARCEL 2 OF I CALIFORNIA
w CO 03-0287
LOT 13 LOT 14 LOT 15 167/PM/471
i
[LOT 631 LOT 62 LOT 61
DETAIL 'A'
N.T.S_
-�-
10 FOOT WIDE 10'FOOT DEDICATION
PERMANENT PER DOC. NO. 60 FOOT WIDE
EASEMENT 2006070013 TEMPORARYN,
AS M NT
AZO FOOT WIDE
10 FOOT DEDICATION. 40 /PERMANENT
PER DOC. NO. EASEMENT I
-20060700) _ _L _ ____�— f
= TEMPORARY CONSTRUCTION EASEMENT (TCE)
o 400 Boo _
= PERMANENT EASEMENT (PE)
PERMANENT EASEMENT AREA= 37,650 S.F.
1 INCH =400 FEET TEMPORARY EASEMENT AREA= 135,379 S.F.
SHEET 1 OF 3
��..w.�1 (cy.s w ws�r[xr d wrduvwra sF1tNd.rvv f
-- "" MO"" "<*d�nd<� xtx�pr[.. PTN. OF SUBURBAN TRACT, T31S, R12E, M
A 5 f.7 C!A'7-S •.wr..t cwcs ra wr"wr.nw.nc.trap¢w .D.B.dcM.
CVMRIIa aai wm p,is ytmc ewwfci,M11V,.
r...■ ■[ A 4 w5wWp75 d PP6Ei9pµSa11Q wlRtDll<ID OBISPO
COUNTY OF SAN LUIS ,
[y[�e.,.. ••""d't ^�•TMw c. x<anr w.,Vora' CALIFORNIA
y„ �:C"tC7•U"3 wxp c.JN M]xdl w¢dcr XOx
^r, epm"t.ttvrp¢v rK dUar a nns""av�o.r DRAWN BY: MS - I
CHECKED BY: DSH DATE: 01/07/08 I
- ti1RTf b PAGE
D RAEs tf Attachment
I
� 1
LOT 54
LOT 55 LOT 56 ' PTN. - I
OWNER:UNION LOT ST
OIL Co_ OF DINNER:UNION OWNER:UNION
CALIFORNIA OIL CO. OF OIL Co. OF
I CALIFORNIA CAUFORNIA
I OWNER:SANTA FE 1
TECHNOLOGIES, LLC
20 BRASS DISC I 1
LS 2019 I S01724'32"W '
TANK FARM ROAD S01`25'48'W 9.18'
_ - ��_ 40.00'(nE) 586'49'27'E
588'35 28 E 1481.58--__ _ — 221.553'
N0124'32"E - _
20.00' N8835' W 1703.01' TP.0,9, - --
179.63'
P7N OF LOT 62W I SD,4O',? "W
SAN LUIS OBISPO I P7N OF LOTS go-sl
SUBURBAN TRACT I SAN LUIS OBISPO SUBURBAN b ( P7N I OF LCT 59
7RACT
( /�s/sz) LOT 61 SAN LUIS OBISPO
OAS/92). LOT 6o SUBURBAN TRACT
CERTIFICATE O
COMPLIANCE DOC..FCERTIFICATE OF
NO. ( O / S/92)
2003_027809 COMPLIANCE DOC. NO.
OWNER:UNION OIL CO. 2003-027810 CERTIFICATE OF
OF CALIFORNIA I OWNER:UNION'OIL CO. I COMPLIANCE DOC. NO.
I OF C'UFORNIA 2003-027811
I. OWNER:UNION OIL CO.
' I OF CALIFORNIA
TEMPORARY CONSTRUCTION EASEMENT (TGE)
PERMANENT EASEMENT (PE)
0 Sao aao
1 INCH
PERMANENT EASEMENT AREA= 30,720 S.F.
=300 FEET TEMPORARY EASEMENT AREA= 69,757 S.F.
®annon
QrFuvia N _.
'E
ET 2 OF 3
wMWa " � °"T PTN OF SUBURBAN TRACT, T315, R12E, M.D.B.BM..AMl
'
f[1,l[1[• Crt«G11111M XMS It Fgp([f.ngrtp,
MC IKOPRIf IICc90,SM,t
1NM.w45MIpFU
r st[[t[1 roc+Nsmuuwrs OF rxacmonu S' �«I1mV"¢"v'S
Y"1 COUNTY OF SAN LUIS OBISPO, CALIFORNIA f
i 1111110[1 BT.nTO[v1.p MMI fj IIC3.Tl N�pgig
CVHYGIW¢5 MIO1 4 CN11gMlA-rgfIMCT X01
C0Nstru"�1N•¢ Mc sr tD.a mrs.uaculrn' DRAWN BY: MS .CHECKED BY:
cax:nNrt:MTFMw!Ip vCT IfAvi Mp c01PVOn:
DSH DATE: 01/04/08 I
R Attachment
6/1'x, F
I
I
I
LOT 49 LOT 51
LOT 52
LOT 50 I 076-351 -040
UNION OIL Co.
OF CALIFORNIA
FOUND B.C. MARKED 'U.O.Co. ( 1/L5/92) I
No. 14, R.H.J. L.S. 2019"
PER 2/RS/55
TtN31
P
— _ TANK FARM ROAD S1'24'32"W
20.—58835'28"p21,15' o_ 00'
S84'07'14"E N31'33'12"E513.17' (TIE) 23.13' N88r35'28"W 1032.76'
58835'/VACHELL
57'24'32'W'
N. LOT 11 76-52-
LOT 12 60.OD'
I LOT 13 LOT 14 .
OF LOT 11 �. PTN OF LOTS 12-14
TRACT VACHELL TRACT
�1�/4) (1/kS/4)
/ OWNER:UNION OIL CO. OF OWNER:UNION OIL CO. OF CALIFORNIA
CALIFORNIA CERTIFICATE OF COMPLIANCE
/ CERTIFICATE OF COMPLIANCE DOC- NO. 2003-027806
DOC. NO. 2003-027805 1
I
- I 1
' � I
I
+1
1
= TEMPORARY CONSTRUCTION EASEMENT (TcE)
= PERMANENT EASEMENT (PE)
0 200 400
PERMANENT EASEMENT AREA= 20,539 S.F.
1 INCH =200 FEET TEMPORARY EASEMENT AREA= 51,546 S.F-
a�Y�O� n.s°oa"m"'^s rnv.Yo n unnw�saa.rts SHEET 3 OF 3
lull tw•s.Y wsiyYuror mvcswrK:a wq pjT,l. OF SUBURBAN a. swi.ru.nr n¢mgr.or rx nc Konvrr Y^r BAN TRACT, T31 S, R12E, M.D.B.&M.
3 C 1 h T[S Y.vrri[r sacs rp,wrnnY+nw[a qpp,�n
•[[r[[[ep aaat�2rmnws
muwsmYurnrsvr[�ymrrsuu¢Mmmvcd COUNTY OF SAN LUIS OBISPO, CALIFORNIA
? [[[°[�a[• ar^Y+r[c once M.Y c....+cYrtrw urKms - .
cersemrcx¢s.wuq a u"Yoniw Mrmlcf nw
��mer Cp1mq,ICYZPr.W'.{pC P(pd)'Fn1 6 Mi°°dY(Nr
cw=°mnx,a¢vnr,m nr7 rtwr,Yn rwanw:. DRAWN BY: MS CHECKED D BY: DS
DATE: 01/07/08
I
rQeT D 1onr�c E'4� 7 I
Attachment 3
F1 u
PARCEL NO.: 076-351-037,076-351-040, 076r351-041,
076-381-019,076-381-021, 076-382-004, 076-382-005,
076-352-062(SLO County)
PROJECT: TANK FARM ROAD SEWER AND LIFT STATION
RIGHT OF WAY AGREEMENT
(WITH ESCROW INSTRUCTIONS)
THIS AGREEMENT is made and entered into by and between
UNION OIL COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION
hereinafter called "Grantor", and
THE CITY OF SAN LUIS OBISPO, A MUNICIPAL CORPORATION AND A
CHARTER CITY IN THE COUNTY OF SAN LUIS OBISPO, STATE OF
CALIFORNIA
hereinafter called "City."
An instrument in the form of a Sewer Facilities Easement Deed, attached hereto as
Exhibit "A" (hereafter"Easement Deed")covering the property particularly described therein
(the "Property"), has been executed concurrently with this Agreement and delivered to City
representatives, solely for the attachment of the City's Certificate of Acceptance. City shall
deliver the Easement Deed into escrow for recordation as set forth in Paragraph 4.A. below.
In consideration of which, and other considerations hereinafter set forth, it is mutually
agreed as follows:
I. The parties have herein set forth the whole of their agreement. The performance of
this Agreement constitutes the entire consideration for said document and shall relieve the City
of all further obligation or claims on this account
2. The City shall:
A. PAYMENT -Pay to the order of the Grantor the sum of Eighty Six Thousand Dollars
($86,000.00) as consideration in full for the herein real property interests, 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 has
vested in City free and clear of all monetary liens, excluding property taxes and assessments not
yet due and payable,recorded public utility easements and public right of way.
1/6 �/�
� Attachment,
DO P
.l
B. RECORDATION OF INSTRUMENT -Accept the Easement Deed herein referenced
and deliver the same to Escrow Agent for recordation in the office of the San Luis Obispo
County Recorder.
C. MISCELLANEOUS COSTS - Pay all escrow, title insurance, and recording fees
incurred in this transaction.
D. 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 bond demands and delinquent taxes due in any year except the year in
which this escrow closes, together with penalties and interest thereon, and/or delinquent
assessments which have become a lien at the close of escrow.
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 herein referenced real property exceeding a period of one month, or if there are
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
for a period exceeding one month.
C. Section 8 of the Easement Deed is incorporated herein by this reference and made a
part of this Agreement for all purposes.
4. The Parties agree:
A. ESCROW -To open an escrow in accordance with this Agreement at Cuesta Title
Company. 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 Easement
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
2/6 ell—
c)I
Attachment 2
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 City's acquisition.
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 property 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.C. of this Agreement;
c) Disburse funds and deliver Easement Deed when conditions of this escrow
have been fulfilled by City and Grantor.
d) Following recording of Easement Deed from Grantor, provide City with a
CLTA Standard Coverage Policy of.Title Insurance in the amount of$86,000
issued by Cuesta Title Company showing that title to the herein real property
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)Items approved in writing by City prior to 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. The Close of Escrow shall
occur no later than ninety(90) days after the date of Grantor's execution of this
Agreement. In the event the Close of Escrow does not timely occur, this
Agreement shall terminate and be of no further force or effect, excepting
Paragraphs 2.E and 2.F above.
B. JUDGMENT IN LIEU OF DEED -In the event Grantor is unable to deliver title in a
reasonable time under the terms of the Agreement, the City may file an action in eminent domain
or otherwise to pursue the acquisition of the real property interests described in the referenced
3/6.
Attachment 3
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.
C. 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.
D. 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 successdrs
or assigns. This Agreement shall be construed as a whole and in accordance with its fair
meaning.
E. 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.
F. CITY COUNCIL APPROVAL-This Agreement is subject to and conditioned upon
approval and ratification by the San.Luis Obispo City Council. This Agreement is not binding
upon the City until executed by the.appropriate City official(s)acting in their authorized capacity.
G. GOVERNING LAW-This Agreemeni shall be governed by and construed in
accordance with the local law of the State of California,without regard to the principles of
conflicts of law.
H. CONFLICTS OF INTEREST- Conflicts of interest relating to this Agreement are
strictly prohibited Except as otherwise expressly provided herein,neither City nor any director,
employee or agent of City shall give'to or receive from any director,employee or agent of
Grantor any gift,entertainment or other favor of significant value, or any commission,fee or
rebate. Likewise,neither City nor any director,employee or agent of City shall enter into any
business relationship with any director,employee or agent of Grantor(or of any affiliate of
Grantor),unless such person is acting for and on behalf of Grantor,without prior written
notification thereof to Grantor. On reasonable notice to City, any representative(s) authorized by
Grantor may, during normal business hours, audit any and all records of City for the sole purpose
of determining whether there has been compliance with this Paragraph.
I. COMPLIANCE WITH LAWS -Compliance with applicable laws,rules and
regulations is a requirement by both Parties,to this Agreement. City shall be responsible for
City's contractors and subcontractors compliance with applicable laws,rules and regulations.
Nothing in this agreement shall relieve Grantor or the City of their responsibilities and
obligations under the law.
J. ASSIGNMENT- City reserves the right to assign this Agreement to another entity or
public agency specifically for the purposes and under the terms and conditions described herein.
City may not assign this Agreement and the rights associated therewith for any private use
without the prior written consent of Grantor,which consent may not be unreasonably withheld,
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C r
conditioned not delayed. This Agreement shall be binding on and inure to the benefit of the
respective successors and assigns of the Parties hereto.
K. NO WAIVER - The waiver by either party of the performance of any covenant,
condition or promise, including the time for performance thereof, shall not invalidate this
Agreement nor shall it be considered a waiver of any other covenant, condition or promise. The
exercise of any remedy provided by law or by the provisions in this Agreement, including the
time for performance thereof, shall not invalidate this Agreement and shall not exclude any other
remedy, unless it is expressly excluded.
L. TERMINATION OF RIGHT OF ENTRY AGREEMENT - That certain Right of
Entry Agreement dated July_, 2008 shall terminate and be of no further force and effect on the
earlier to occur of: (i) sixty (60) days after the dated of execution of this Agreement by Grantor;
or(ii)execution of this Agreement by City.
No Obligation Other Than Those Set Forth Herein Will Be.Recognized.
Signatures follow on next page.....
GRANTOR:
UNION OIL COMPANY.OF CALIFORNIA.
A CALIFORNIA CORPORATION
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C7
Dated: By
Name:
Title:
By
Name:
Title:
GRANTOR'S MAILING ADDRESS:
Union Oil Company of California
c/o Steve Berg
VP, Global Real Estate Services
6001 Bollinger Canyon Road, Building V
Room V1352 B
San Ramon, CA 94583
CITY OF SAN LUIS OBISPO, a
municipal corporation and a charter city:
Dated: By
Name:
Title:
MAILING ADDRESS OF CITY: ATTEST:
City of San Luis Obispo
879 Morro Street By
San Luis Obispo, CA 93401 City Clerk
APPROVED AS TO FORM:
y Dated:
e: J athan P. Lowell
Title: City of San Luis Obispo, Attorney
APPROVED AS TO CONTENT:
By Dated:
Name: David C. Hix
Title: City of San Luis Obispo, Wastewater Division Manager
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Attachment
I=✓L'tiGu L
AGREEMENT
By and Between
THE CITY OF SAN LUIS OBISPO, CALIFORNIA
and
UNION OIL COMPANY OF CALIFORNIA
regarding
SOIL AND GROUNDWATER INTRUSION INTO TANK FARM ROAD
GRAVITY SEWER,LIFT STATION,FORCE MAIN PROJECT
This Agreement ("Agreement")is made and entered into on this 30 day of July, 2008 (the
"Effective Date"), by and between the City of San Luis Obispo ("City") and Union Oil Company
of California("Union"),(collectively, the "Parties").
This Agreement addresses construction of the Tank Farm Gravity Sewer, Lift Station, and Force
Main Project("Project"), in the area of Tank Farm Road and Union's property, and sets forth the
terms and conditions upon which the City and Union will stockpile and/or dispose of any soils
which may have total petroleum hydrocarbon (TPH) concentrations, as determined by an onsite
Union representative, greater than 1,000 ppm TPH ("TPH Soils"). In addition, this Agreement
outlines the process for handling impacted groundwater which is encountered during the Project.
The Parties' obligations are as specified in this Agreement.
WHEREAS, the City proposes to construct the Project to meet the City's needs for
sewer collection and municipal growth in the Airport and surrounding areas;
WHEREAS, the alignment of pipelines and related infrastructure for the Project will
require construction in easements located on Union's property;
WHEREAS, Union's property is known to be impacted by oil and other petroleum-
related products in both soil and groundwater, including non-aqueous phase liquids ("NAPL");
WHEREAS, the City will enter into a contract with a "General Contractor" for the
Project construction;
WHEREAS, Union is responsible for the handling and disposal of TPH Soils and
treatment of TPH impacted groundwater as required by the Regional Water Quality Control
Board and other regulatory agencies; and,
WHEREAS, City and Union desire to enter into this agreement to: (i) clarify the
obligations of each Party; (ii) to facilitate the Project's schedule; and(iii)coordinate the
Contractors-
NOW, THEREFORE, THE CITY AND UNION HEREBY AGREE AS FOLLOWS:
1. Union will provide a representative who will oversee Union's equipment, personnel,
infrastructure, and other related assets. The Union representative will be the designated
field contact for the City. Union's representative and the City's General Contractor shall
be onsite during all construction activities within Union's property, or within areas
identified as potential Union-related impacted areas(see sheets CIO through C13 of the
City's sewer route drawings prepared by Cannon Associates and dated June 30, 2008 for
Union owned property and C8 and C9 of the City's sewer route drawings for Union
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related impacted areas.). The City shall give Union a minimum of forty-eight (48) hours
notice that construction activities will be occurring within Union's property or within
areas identified as Union-related impacted areas.
2. Union has prepared a remedial action plan (the "Project Plan") identifying protocols
for handling TPH Soils and for the treatment of groundwater. The project plan has
identified that the disposal of the TPH Soils will be at an approved disposal facility.
Stockpile locations are designated in the Project Plan along with field screening
protocols, and site contact information. The Project Plan will be incorporated into the
City's bid package.
3. Union will provide a designated soil stockpile area, on Union's property, within one
mile of the Project alignment. TPH Soil will be identified in the field by Union's
representative based on visual screening and/or the use of field measurements. Upon
indentifying TPH Soils, the General Contractor will haul such TPH Soils to the
designated stockpile area. The City will be reimbursed by Union for the actual cost at the
rate of one dollar($1.00) per cubic yard for THP Soils handled by the General
Contractor. The stockpile area will be permitted and constructed, as necessary, in
advance of the construction project so as to minimize impacts on the City's construction
schedule. Union will be responsible for the maintenance of the stockpile area during the
course of construction. Additionally, Union will be responsible for the ultimate disposal
of TPH Soils.
4. The dewatering of trenches along Tank Farm Road will be accomplished via a
Groundwater Handling and Disposal Plan developed by Union in cooperation with the
City. The Groundwater Handling and Disposal Plan will identify the engineered
treatment system for both dissolved phase and NAPL constituents, methods for General
Contractor tie-in to the treatment system, protocols for the treatment system operation,
areas for land disposal of treated groundwater, and monitoring and reporting.
requirements. Union will be responsible for treating the groundwater for TPH per the
RWQCB land discharge permit conditions. In the event that groundwater is to be
discharged into the City's sanitary sewer by Union or the General Contractor, the limit
for TPH in the disposed groundwater shall not exceed 0.5 ppm. Alternatively, Union
may provide for off-site disposal of groundwater via trucks. If such a trucking plan is
proposed, it shall be coordinated with sufficient capacity so as to minimize the impacts to
the Project schedule and progress.
5• The City shall, at City's expense, obtain and comply with the necessary permits for
the disposal of groundwater based on the Groundwater Handling and Disposal Plan. City
will be responsible for monitoring and reporting related to general groundwater
discharge. Union will only be responsible for treatment and analytical testing required as
a result of TPH contamination of groundwater, surface water, or soil. Treatment for other
ground water or surface water constituents that are not related to TPH will be the sole
responsibility and cost of the City
6. The City will pay$1,000.00 annually to Union commencing on the Effective Date
of this Agreement for 100 units of water from the nearby Union well for landscape, surge
tank and wash down usage at the new Tank Farm Lift Station. The City shall upgrade the
well capacity if needed and will be responsible to maintain the well and all piping and
//--,3
Attachment
appurtenances from the well to the City lift station. Additionally, the City will install a
water meter and report to Union the amount of water usage on an annual basis and pay
for each additional unit of water used over 100 units annually. Unit cost will be based
upon the City's rate for providing service outside the City limit. Union will provide City
access to the well for maintenance. At the time of termination of use of the well by the
City, the well head equipment will be returned to pre-City use conditions, if requested by
Union. Termination of use of the well will not be before two years of the execution of
this agreement, but thereafter, either party can terminate the agreement for no cause with
written notice of a minimum of 120 days or when City provided water service becomes
available. The charge for water will be reviewed and modified on each anniversary of the
Effective Date; revised charges to be based upon the City's water rate for service outside
of the City(currently$10.48 per unit), but in no event will the water charges be less than
$1,000 per year.
7. Each Party shall comply with applicable laws, rules and regulations. City shall be
responsible for City's contractors and subcontractors compliance with applicable laws,
rules and regulations. Nothing in this agreement shall relieve Union or the City of their
responsibilities and obligations under the law.
8. City may not assign this Agreement and the rights associated therewith without the
prior written consent of Union, which consent may not be unreasonably withheld,
conditioned not delayed.
9. This Agreement shall be binding on and inure to the benefit of the respective
successors and assigns of the Parties hereto.
10. Arbitration; Choice of Forum; Governing Law.
A. Matters Covered. Any controversy between the Parties arising out of this
Agreement, or breach thereof, shall be subject to the procedure described below to
the exclusion of other legal remedies.
B. Notice of Dispute. If any Party asserts that a breach of this Agreement has
occurred resulting in a claim, then such Party shall give written notice to the other
Party, citing the provision of this Agreement that has been breached and the
relevant facts supporting such claim.
C. Meeting between Parties. A meeting shall be held promptly between the
Parties, attended by individuals with decision-making authority to attempt in good
faith to negotiate a final resolution of the dispute.
D. Dispute Resolution Process. If within sixty (60) days after the issuance
of a notice under Section 12.B the Parties have not succeeded in resolving the
dispute, they shall submit the dispute to a mutually acceptable third party
mediator. City and Permitter will participate in good faith in the mediation and
the mediation process. The mediation shall be non-binding. If the dispute is not
resolved by mediation, then within thirty (30) days after the termination of the
mediation process, either Party may petition a court of competent jurisdiction for
a reference in accordance with California Code of Civil Procedure Section 638 et
seq. or their successor Sections and to acknowledge the appointment of a referee
("Referee"). The Referee shall be appointed, as set forth in Section 13.E. below,
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to sit as a temporary Judge with all of the powers of a temporary Judge authorized
by law and shall preside in accordance with the rules of court applicable pursuant
to Section 638 et seq (or as subsequently amended). In the event that the enabling
legislation, which provides for the appointment of a referee, is repealed and no
successor statute is enacted, any controversy, dispute or claim that would
otherwise be determined by a reference procedure herein, will be resolved and
determined by binding arbitration as forth herein. If neither Party submits the
dispute as aforesaid, then neither Party shall be entitled to pursue any litigation
remedy. Neither Party shall be entitled to seek or recover punitive damages in
these proceedings.
E. Selection of an Arbitrator and Arbitration Rules. If within thirty (30) days
following the submission of a matter to binding arbitration, the Parties cannot
agree on an arbitrator, then an arbitrator shall be selected by the Judicial
Arbitration Mediation Service ("JAMS"). If the Parties cannot agree on
arbitration rules then the arbitrator shall set the arbitration rules..
F. Costs. The costs of the mediation and arbitration,including any
mediator's fees, administration fees; the arbitrator's fee, and costs for the use of
facilities during the hearings, shall be borne equally by the Parties. Attorneys'
fees may be awarded to the prevailing or most prevailing Party at the discretion of
the arbitrator.
G. Indirect. Consequential and Punitive Damages. Neither party shall be
awarded indirect, consequential and/or punitive damages.
H. Should either party hereto institute any action or proceeding in court to
enforce any provision hereof or for damages by reason of an alleged breach of any
provision of this Agreement, the prevailing party shall be entitled to receive from
the losing party such amount as the court may adjudge to be reasonable attorneys'
fees for the service rendered the prevailing party'in such action or proceeding.
11. All notices and other communications required or permitted under this Agreement
shall be in writing and shall be delivered, with all postage or delivery charges prepaid, by
one of the following methods: (i)personally; (ii) U. S. Express Mail; (iii)U.S. First Class
Mail; (iv)Federal Express overnight delivery service; (v)other nationally recognized
commercial courier service; or(vi) transmittal(between the hours of 9:00 a.m. and 5:30
p.m. PST) over facsimile machine or other electronic transmitting device if the party to
whom the notice is being sent has a receiving device in its office, and provided a
complete copy of the notice is also delivered by one of the other methods described in
this Paragraph. Notices shall be deemed received at the earlier of actual receipt or three
(3) days after deposit with the delivery service. Notices shall be directed to the addresses
set forth below.
Union:
Telephone: ( )
Facsimile Pager: (_)
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City:
Attention:
Telephone: (_)_-
Facsimile: (_)
Telephone numbers are provided above for convenience only.
12. Conflicts of interest relating to this Agreement are strictly prohibited. Except as
otherwise expressly provided herein, neither City, nor any director, employee or agent of
City, shall give to or receive from any director, employee or agent of Union any gift,
entertainment or other favor of significant value, or any commission, fee or rebate.
Likewise, neither City, nor any director, employee or agent of City, shall enter into any
business relationship with any director; employee or agent of Union (or of any affiliate of
Union), unless such person is acting for and on behalf of Union, without prior written
notification thereof to Union. On reasonable notice to City, any representative(s)
authorized by Union may, during normal business hours, audit any and all records of City
for the sole purpose of determining whether there has been compliance with this
Paragraph.
13. This Agreement may be executed in one or more counterparts, and all of the
counterparts shall constitute but one and the same agreement,notwithstanding that all
parties hereto are not signatory to the same or original counterpart. Facsimile signatures
shall be deemed as an original until such time as an original signature is delivered.
14. This.Agreement may not be modified, amended or otherwise changed in any manner
except by a writing executed by both Union and City.
15. Time is of the essence of this Agreement and every provision herein contained;
provided, however, that if the date on which any action is required to be taken hereunder
shall fall on a day on which the party to perform is not open for business, such action
shall be taken on the next business day on which it is open for business.
16. The persons signing this Agreement represent and warrant that they are authorized
to execute and deliver this Agreement and that this Agreement will thereby become
binding on the party for whom such person has signed.
17. This Agreement shall be construed as a whole and in accordance with its fair
meaning.
18. The titles and headings of the Sections hereof are intended solely for means of
reference and are not intended to modify, explain or place any construction on any of the
provisions of this Agreement. Except as otherwise specifically provided, all references to
Paragraph numbers are references to provisions of this Agreement.
19. This Agreement constitutes the entire agreement between the parties. To the extent
of any conflict between this Agreement and any other documents previously executed by
the Parties, the terms of this Agreement shall control. There are no oral or parole
agreements existing between the Parties which are not expressly set forth herein.
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20. The waiver by either Party of the performance of any covenant, condition or
promise, including the time for performance thereof, shall not invalidate this Agreement
nor shall it be considered a waiver of any other covenant, condition or promise. The
exercise of any remedy provided by law or by the provisions in this Agreement, including
the time for performance thereof, shall not invalidate this Agreement and shall not
exclude any other remedy, unless it is expressly excluded.
21. This Agreement shall be governed by and construed in accordance with the local
law of the State of California, without regard to the principles of conflicts of law.
In witness whereof, the parties hereto have executed this AGREEMENT effective as of the date
last signed below.
Date: Union Oil Company of California
By
Date: City of San Luis Obispo
By .
Mayor David Romero
Attest:
Audrey Hooper, City Clerk
Approved as to Form:
an Lowell, City Attorney