HomeMy WebLinkAbout08/19/2008, C8 - TANK FARM GRAVITY SEWER, LIFT STATION AND FORCE MAIN PROJECT- HIDDEN HILLS MOBILODGE EASEMENT PURCH i 1
council
j acEnba Repom
C I T Y OF SAN LU I S OBIS PO
FROM: Dave Hix,Acting Utilities DirectoF
Prepared by: Jennifer Metz,Utilities Projects Manager
SUBJECT: TANK FARM GRAVITY SEWER, LIFT STATION AND FORCE
MAIN PROJECT- HIDDEN HILLS MOBILODGE EASEMENT
PURCHASE
CAO RECOMMENDATION
1. Approve Sewer Facilities Easement Deed with Hidden Hills Mobilodge and authorize the
Mayor to execute the Deed.
2. Approve Right of Way Agreement with Hidden Hills Mobilodge and authorize the Mayor
to execute the Agreement.
3. 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. 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). This 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 addresses an easement on the Hidden Hills Mobilodge property located at 650 Tank
Farm Road. It consists of a 20-foot wide by approximately 320-foot long permanent sewerline
easement and an adjacent 60-foot wide by approximately 320-foot long temporary (12-month)
construction easement. The legal descriptions of the easements are included in Attachment 2,
Sewer Facilities Grant Deed.
The City commissioned an appraisal for the proposed easements at the Hidden Hills Mobilodge
property in May 2008. The market value for the property to be acquired was based upon an
appraisal conducted by a certified and state licensed appraiser and was prepared in accordance with
accepted appraisal principles and procedures. The appraisal for the Permanent Sewerline Easement
and the Temporary Construction Easement were valued at $14,140 and $25,229, respectively. An
additional $5,000 was identified for concrete block walls, signs and landscape.
City staff and real estate services consultant Hamner Jewell and Associates have been working with
the property owner to negotiate the easements for the past several weeks. The Tank Farm project
identified removing Hidden Hill's small lift station and connecting the property to the newly
c.g-I
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Tank Farm Project,Hidden Hills Easement Purchase
Page 2
installed gravity sewer to avoid possible conflicts with Hidden Hill's force main and provide
consistent and improved sewer service. City staff has estimated that the cost of this work will be
$33,000. The landowners have agreed to sewer line improvements in lieu of monetary
i compensation given value of the gravity sewer installation and long tern savings for operations and
maintenance for the property's small lift stations and force main as described in Attachment 3,
Right of Way Agreement. Staff feels that it is fair and appropriate compensation for the,easements.
FISCAL IMPACT
Approval of the recommended Hidden Hills easement purchase agreement for the Tank Farm
Project has no acquisition cost. As discussed previously, Hidden Hills has agreed to the sewer
improvements in lieu of the described sewer improvements. The sewer fund will incur a small cost
for sign permit fees;if required, for replacement of existing signs.
The remaining Tank Farm Project easement purchases on the Coker-Ellsworth, Union Oil
Company and Lathrop Properties sites are the subject of separate reports on this same Council
Meeting Agenda.
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 Engineering 996,272 0 996,272
Total i 12,910,000 _ .. -_ 1 12,910,000
The total cost of the easement acquisitions. collectively for this 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
G:\CAR Reports\2008 Council Agenda Reports\Tank Farm Sewer ProjecMidHill Easement Acquisition
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Attachment 1
City of San Luis Obispo
Tank Farm Gravity Sewer, Lift Station, and Force Main Project
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ATTACHMENT 1:Tank Farm Gravity Sewer, Lift Station and Force Main Project Map
NORTH
Not to Scale
+ Attachment 2
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
SPACE ABOVE THIS LINE FOR RECORDER'S USE
APN: 076-381-016 (SLO County) 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,
HIDDEN HILLS MOBILODGE, L.L.C., a California Limited Liability Company
(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("CITY")
the following interests in real property:
A. A Permanent Sewerline Easement for the installation, construction, reconstruction,
enlargement, operation, maintenance, replacement, and repair of a 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
("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 and depicted
in Exhibits `B" and "D" attached hereto and incorporated by reference herein.
The Permanent Sewerline Easement described herein shall be SUBJECT TO THE
FOLLOWING TERMS AND CONDITIONS:
I of C.o `y
Attachment 2
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. 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.
3. 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, or allow 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. 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.
4. Subsequent to the grant of this Easement, Grantor shall riot 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.
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. City shall have the right
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.
2 of C8-S
Attachment 2
Together with:
B. A Temporary Construction Easement for the purposes of facilitating construction
of City Facilities and Grantor's lateral line,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 parcel (or parcels) of land described and depicted as "Temporary Construction
Easement" in Exhibits "C" and "D"., attached hereto and incorporated herein. This Temporary
Construction Easement shall commence thirty(30) days following the issuance by City of a
Notice of Construction Commencement to Grantor via U.S. Mail, and shall terminate within
twelve(12) months after commencement, upon completion of construction, or by June 30, 2010,
whichever occurs first.
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 except that landscaping, fencing, signage and improvements disturbed by
City in this project will not be restored by City.
GRANTOR:
HIDDEN HILLS MOBILODGE, L.L.C.
Date: — By: 1 ; 01"N
l
MJO CE OFFMA , TRUSTEE
OF THE M. JOYCE HOFFMAN TRUST,
DATED SEPTEMBER 23, 1991,
Member/Manager
431 Woolard Road
Sanford, NC 27330
Date: By:
JUDY KORSMEYER, TRUSTEE OF THE
JUDY KORSMEYER REVOCABLE
LIVING TRUST, DATED
MARCH 4, 1998,
Member/Manager
11387 N. Moore Road
Elfrida, AZ 85610
3 of 5
SLO City/Tank Farm Road/HiddenFlills/Decd Final 6-9-08��—
-'� Attachment 2
.Together with:
B. A Temporary Construction Easement for the purposes of facilitating construction
of City Facilities and Grantor's lateral line,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 parcel (or parcels) of land described and depicted as "Temporary Construction
Easement"in Exhibits "C" and "D", attached hereto and incorporated herein. This Temporary
Construction Easement shall commence thirty(30) days following the issuance by City of a
Notice of Construction Commencement to Grantor via U.S. Mail, and shall terminate within
twelve(12) months after commencement, upon completion of construction, or by June 30, 2010,
whichever occurs first.
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 except that landscaping, fencing, signage and improvements disturbed by
City in this project will not be restored by City.
GRANTOR:
HIDDEN HILLS MOBILODGE, L.L.C.
Date: By:
M. JOYCE HOFFMAN, TRUSTEE
OF THE M. JOYCE HOFFMAN TRUST,
DATED SEPTEMBER 23, 1997,
Member/Manager
431 Woolard Road
Sanford, NC 27330
Date: - r/P�Li/e8 By:--f ZA4"Wwxw�
D 4ZORSMEYE , TRUSTEE OF THE
JUDY KORSMEYER REVOCABLE
LIVING TRUST, DATED
MARCH 4, 1998,
Member/Manager
11387 N. Moore Road
Elfrida, AZ 85610
3 of
SLO OW—rank Damn Road/HiddenHills/Decd Final 6-9-OS
Attachment 2
State of
County of T
On QaAu- a3, SWR before me, / , Notary
Public, pe�appeared a
E--
who proved to me on the basis ofis ctory evidence o be the person(s) whosename(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(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
T '''`
Signature (Seal) ``� ""••
�;• S',
4Z a
Y'!'.Ga1i•Natwy P�
; NOTARY:
Ge �x.
Csurtl'y,
INforth Garaltna
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commissionssicommissionplr® -
State of QOU,c, '�'C�:l�`
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 signatures(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)
4of5 Cd ` b
r—
Attachment 2
State of
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 signatures(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)
State of
County of / �
On b ore me, C_ (,Jat t4_J Notary
Public, personally appeared i CGj A7W'd19A 1 ,
who proved to me on the basis of ntisfac ory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(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.
WITNE and and official seal PAM..C.''O:Ah - IS
Notary Public-Arizona
A � � COCH1SE GOUNTY
Signatur Olt (Seal) My Commission Expires
MARCH 19 2011
4 of 5
51,0 Ci[y/lank Farm Road/HiddenHills/Decd Final 6-9-08
Attachment 2
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Sewer Facilities Easement
Deed dated from HIDDEN HILLS MOBILODGE, L.L.C,
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 12008.
CITY OF SAN LUIS OBISPO
By:
Name: Dave Romero
Title: Mayor
APPROVED AS TO FORM:
onathan . Lowell, City Attorney
Attest:
City Clerk
C $ - 10
5 of 5
Attachment 2
LEGAL DESCRIPTION
All that real property situate in the County of San Luis Obispo, State of California being a portion of Lot
57 of the San Luis Obispo Suburban Tract, said portion of said Lot.57 being shown on a Record of
Survey recorded in Book 67 of Records of Survey at Page 93 in the office of the County Recorded of said
County; said portion of said Lot 57 being more particularly described as follows.-
Beginning
ollows:Beginning at the Southeast comer of said Lot 57 as shown on said Record of Survey;
THENCE along the Easterly line of said Lot as shown on said Record of Survey, N 24' 53' 50" W
462.07 feet to the True Point of Beginning;
THENCE, leaving said Easterly line along the following courses: S 21'27' 20" W 97.84 feet; S 8' 55'
32" W 115.43 feet; S 14'44' 01"E 275.02 feet; S 24' 52' 08"E 22.99 feet to a point on the existing
right of way of Tank Farm Road as shown on said Record of Survey;
THENCE, along said right of way along the following courses: S 65' 07' 52"W 97.79 feet; N 69' 52'
08" W 14.14 feet; S 65' 07' 52" W 10.00 feet; S 20' 07' 52"W 14.14 feet; S 65' 07' 52"W 125.52 feet
to a tangent curve concave Northerly; along said curve, said curve having a radius of 525.00 feet, a
central angle of 22' 36' 47", and an arc length of 207.20 feet; N 89' 59' 08" W 75.60 feet;
THENCE, leaving said right of way of Tank Farm Road and along the following courses: North 189.11
feet,N 15' 24' 26"W 200.00 feet; N 21'03'24" W 125.80 feet;N 7'29' 34"E 445.80 feet; N 5'42'
26"W 358.64 feet to a point on the Northerly line of said Lot 57 as shown on said Record of Survey;
THENCE, along said Northerly line, N 89' 53' 48" E 252.92 feet to the Northeast comer of said Lot 57
as shown on said Record of Survey;
THENCE along the Easterly line of said Lot 57 as shown on said Record of Survey, S 24' 53' 50"E
718.72 feet to the True Point of Beginning, as described on Certificate of Compliance recorded January
13, 1999 as Instrument No. 1999-002651 of Official Records.
APN: 076,381,016
End of Legal Description
C8
I Attachment 2
EXHIBIT "B"
Permanent Sewer Pipeline Easement
Legal Description
A portion of Lot 57 of that tract of land referred to locally as the"San Luis Obispo
Suburban Tract"according to that map entitled, "Map of the Subdivisions of the San Luis
Obispo, Suburban Tract",in the County of San Luis Obispo, State of Califomia, recorded
February 7`h, 1906, filed in Book 1, at Page 92 of Licensed Surveys in the office of the
Recorder for said County, being a portion of that parcel of land validated by Certificate of
Compliance recorded January 13'', 1999 and filed as Instrument.No. 1999-002651 of
Official Records in the office of the Recorder for said County more particularly described
as follows:
Commencing at a 3"brass disc stamped LS 2019 marking the Northwesterly comer of
said Lot 57 as shown on that map recorded May 1",1992, filed in Book 67,Page 93 of
Record of Surveys in the office of the Recorder for said County;
Thence, South 01°19'58"West, 1297.40 feet to a 2"brass disc at the Southwesterly
comer of said Lot 57,on the Northerly boundary of the Tank Farm Road Right-of-Way
(40 foot wide) as shown on said Record of Surveys;
Thence, along the South boundary of said Lot 57 and the Northerly boundary of said 40
foot wide Right-of-Way, South 8834'25"East,448.85 feet to the Westerly line of said !
parcel of land validated by Certificate of Compliance, being the True Point of
Beginning;
Thence, South 8834'25"East, 75.60 feet to an apex at the west end of that portion of the
Tank Farm Road Right-of-Way conveyed to the County of San Luis Obispo, in fee,by
Grant Deed filed in Book 1848, at Page 434 of Official Records in the office of the
Recorder for said County;
Thence, along said Tank Farm Road Right-of--Way as conveyed to the County of San
Luis Obispo,in fee,on a non-tangent curve concave to the North with a radius of 525.00
feet, from a radial bearing South 00°50' 39"East,an arc length of 207.20 feet,through a
central angle of 22'36'47";
Thence,North 66°32'34"East, 125.51 feet;
Thence, North 21°32'34"East, 14.14 feet;
Thence, North 66°32'34"East, 10.00 feet;
Thence, South 68°25'46"East, 14.14 feet;
I
1
F:\proj\2002\021121\Suney\Design\Construction Drawings\English1egal.Descriptions\610574-Hidden Hills Mobile ledge
LUTennanem Pipeline Easement-doe
C7-12.Q 2 i
Attachment 2
Thence, North 66132'36" East, 97.80 feet to the Easterly line of said parcel of land
validated by Certificate of Compliance;
Thence, leaving said Tank Farm Road Right-of-Way as conveyed to the County of San
Luis Obispo, in fee, along the Easterly line of said parcel of land validated by Certificate
of Compliance,North 23°27'26"West,20.00 feet;
Thence, leaving said Easterly line, South 66032'44"West,252.38 feet;
Thence,on a tangent curve concave to the North,having a radius of 505.00 feet, an arc
length of 216.95 feet, through a central angle of 24°36'52";
Thence, South 88034'25" East, 58.01 feet to the Westerly line of said parcel of land
validated by Certificate of Compliance;
Thence, along said Westerly line, South 01'25'35"West, 20.00 feet to the True Point of
Beginning.
Containing 10,474 square feet more or less.
End D cription
Prepared by:-L=ok
Daniel S. Hutchinson, PLS 5139(license renewal, 06/30/09)
Date: z.f ZL�O �S�V�afiHS U'pff�
R N
NO 5139 r
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LLC\Pennanent Pipeline Easement.doc
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_PAGE i J: LSC-I
Attachment 2
EXHIBIT "C"
Temporary Easement
Legal Description
A portion of Lot 57 of that tract of land referred to locally as the"San Luis Obispo
Suburban Tract"according to that map entitled, "Map of the.Subdivisions of the San Luis
Obispo, 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,being a portion of that parcel of land validated by Certificate of
Compliance recorded January 13`h, 1999 and filed as Instrument No_ 1999-00.2651 of
Official Records in the office of the Recorder for said County more particularly described
as follows:
A 60.00 foot wide strip of land that lies northerly of and adjoins the northerly boundary
of the Permanent Sewer Pipeline Easement described by the hereinabove"Exhibit B";
Furthermore,the sidelines of this strip of land shall be lengthened and/or shortened to
intersect property boundaries.
Containing 31,147 square feet more or less.
End Description
Prepared by:
Daniel S. Hutchi n, PLS 5139(license renewal, 06/30/09)
Date: ZI Zo0 ��`� HUT��ersp
c o
e Kfl 5139 +
or CAl1F `
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<=1113t1" V PAGE` CWI CSI AL1 I
Attachment 2
LINE TABLE
I LINE LENGTH BEARING_
L1 75.60 58834 25"E
P.O.C.
i � L2 125.51 N6632'34"E
3" BRASS DISC i 053L ,223 1a5 a0 L3 14.14 NZ132'34'E
LS 2019 ` L4 10.00 N6632'340E
L5 14.14 S68'25'46"E
L6 97.80 N6632'36"E
076-381-002L7 20.00 N2327'26"W
PTN. LOT 57 `V' L8 252.38 _S6632'44"W
` Lor/aa L9 58.01
` S88'34'25"E
%0's' L10 20.00 S01'2535"W
\ate L71 60.00 S01-25-35"W
L12 55.69 NW34'25"W
i 1 L13 262.52 S6632'35"W
1 PTN. LOT 57 L14 57.91 13'19'18"W
(� sm
L15 2.99 N23 2726"W UAS
cowo
SUBURBAN TRACT f
CC'4 (1/LS/92
mI APN:076-381 016 LOT a3 '
CERTIFICATE OF
'aril / COMPLIANCE DOC. NO.
1999-002651
OWNER:HIDDEN HILLS 076-381 014
in MOBILODGE, LLC \
N �
o i ` 076-381-009
I 1 PTN. LOT 57
BY CERTIFICATE of LOT 32
075-381-001 COMPLIANCE
PTN. LOT 57 DOC. OWNER CURRY 2652 /
I BY CERTIFICATE OF i
C. NO.COMPLNCE
D 1 PUBLIC ROAD AND 0
i 1992-072292 SLOPE EASEMENT S. 1 ,
i OWNER:SANTA FE
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CURVE TABLE -- ---= TEMPORARY CONSTRUCTION EASEMENT (TCE)
CURVE LENGTH RADIUS DELTA
Cl 207.20 525.00 22'36'47" = PERMANENT EASEMENT (PE)
C2 216.95 505.00 24'36'52"
C3 193.26 445.00 24'52'59"
200 400 EXHIBIT D PERMANENT EASEMENT AREA= 10;474 S.F.
TEMPORARY EASEMENT AREA= 31,147 S.F.
1 INCH =200 FEET
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Attachment 3
PARCEL NO. 076-381-016
PROJECT: TANK FARM ROAD SEWER PROJECT
TITLE REPORT NO. 610574
RIGHT OF WAY AGREEMENT
(WITH ESCROW.INSTRUCTIONS)
THIS AGREEMENT is made and entered into by and between
HIDDEN HILLS MOBILODGE, L.L.C., a California Limited Liability Company
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 (hereafter"Easement
Deed") covering the property particularly described therein ("Property"), has been executed
concurrently with this Agreement and delivered to City representatives.
In consideration of which, and other considerations hereinafter set forth, it is mutually
agreed as follows:
1. The parties have herein set forth the whole of their agreement. The performance of
this Agreement constitutes the entire consideration for said document and shall relieve the City
of all further obligation or claims on this account, or on account of the location, grade or
construction of the proposed public improvement, except as stated in Paragraphs 2.E. and 21.
below.
2. The City shall:
A. COMPENSATION — In lieu of monetary compensation, City shall install a new 6"
sewer lateral line connecting Grantor's property to the new sewer mainline that City will install
in and along Tank Farm Road. The point of connection shall be Grantor's existing private lift
station on Grantor's property. City will retrofit the lift station to convert it to a manhole and
connect any other facilities necessary to the new lateral line. After installation, the lateral line
will become the property of Grantor and Grantor accepts all future maintenance, repair and
replacement obligations associated with all sewer lateral line facilities, including the manhole, on
Grantor's property. Said lateral line installation and connection shall constitute the entire
consideration in full for the herein easement rights, for the loss, replacement and moving of any
improvements, and for entering into this Agreement. Further, City waives fees for sign pennit(s)
I of CFf-�b
CI(VT-L F-., .._...... , ,.
Attachment 3
requested by Grantor for replacement of the two signs removed in connection with the sewer
proj ect.
B. RECORDATION OF INSTRUMENT - Accept the Easement Deed herein referenced
and cause the same to be recorded in the office of the San Luis Obispo County Recorder at such
time as when clear title can be conveyed.
C. MISCELLANEOUS COSTS - Pay all escrow, title insurance, and recording fees
incurred in this transaction.
D. PROPERTY RESTORATION- Generally restore Grantor's remaining real property to
the condition that existed prior to City's project construction,to the extent reasonably practical,
except any landscaping, fencing and signage disturbed by City in this project will not be restored
by City. Electrical and water lines shall be restored and stubbed up to their current locations.
E. INDEMNIFICATION - Defend, indemnify, and hold harmless Grantor from any and
all claims, damages, costs,judgments, or liability caused by City or its officers, employees or_
agents specifically arising from.City construction and restoration work on Grantor's real property
during the temporary easement period specified in the referenced Easement Deed.
3. The Grantor:
A. 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.
B. PERMISSION TO ENTER - Hereby grants to the City, its agents and contractors,
permission to enter upon the subject lands prior to the close of escrow for the purposes of
preparation for and construction of the City's facilities and the new lateral line, subject to all
applicable terns and conditions contained in this Agreement and the associated Easement Deed.
The rights granted herein include authorization to conduct pre-construction surveys and soil
sampling and testing, as well as the right to construct sewer facilities and the lateral line and
retrofitting of Grantor's lift station. If at any time prior to the installation of City's sewer line and
related facilities within the easement areas described in the referenced Easement Deed, and prior
to the close of escrow, City discovers any physical condition of the Property, including but not
limited to evidence of contamination by hazardous materials, which City deems unacceptable,
City may unilaterally terminate this Agreement and cancel the escrow, by giving written notice to
Grantor and escrow holder, without any fiirther obligations or liabilities related hereto other than
to restore the property to a comparable condition as that which existed prior to City's entry.
C. GRANTOR'S KNOWLEDGE OF THE ENVIRONMENTAL CONDITIONS OF THE
PROPERTY— Hereby represents and warrants that to the best of Grantor's knowledge and belief,
throughout the period of ownership of the Real Property referenced in the Easement Deed
("Property") by Grantor, there has been no spill, discharge, release, cleanup or contamination of or
2 o f 6 C9 I
r A Attachment 3
by any hazardous or toxic waste or substance used, generated, treated, stored, disposed of or
handled by.the Grantor, its/his/her employees, and/or agents on or around the Property. Further,
Grantor agrees to disclose to City, prior to the close of escrow, all studies, reports, and
investigations known to Grantor concerning any pollution, toxic building materials or toxic
hazardous substances or wastes located at, on, or under the Property.
4. The Parties agree:
A. ESCROW -To open an escrow if necessary to obtain title insurance for the
conveyance of property rights by Grantor. 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.
If City chooses to open an escrow, City will deposit the executed Easement Deed by
Grantor, with Certificate of Acceptance attached, with Escrow Agent on Grantor's behalf. City
and Grantor agree to deposit with Escrow Agent all additional instruments as may be necessary
to complete this transaction.
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 — If City chooses to open an escrow, 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) Deliver for recording the 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$40,000 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;
3ofh ca—/U
SLO/Twik Pana Road/1-Ilddoni-H]WROW A,, ,,,—,r._o nc c...i
i Attachment 3
2) Items No. 1, 2, 3, 4, 5, 6, 7, and 8 of the preliminary title report issued by
Cuesta Title Company, dated February 6,=2006, referenced as Order No.
610574,- and
3) Other items that may be approved by City, in.writing, in advance of the close
of escrow.
ii) CLOSE OF ESCROW - The term "close of escrow," if and where written in these
instructions, shall mean the date necessary instruments of conveyance are recorded in
the office of the County Recorder. Recordation of instruments delivered through this
escrow is hereby authorized.
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
Easement Deed, and this Agreement shall constitute a stipulation which may be filed in said
proceedings as final and conclusive evidence of the terms 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 successors
or assigns.
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. SUCCESSORS AND ASSIGNS — This Agreement shall apply to and bind the heirs,
executors, administrators, and assigns and successors of the parties hereto.
G. 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.
No Obligation Other Than Those Set Forth Herein Will Be Recognized.
Signatures appear on following pages
4of6 Cg -19
Cl MT-L F-,.,., R,. .......__.._. ,„
�1 Attachment
GRANTOR:
HIDDEN HILLS MOBILODGE, L.L.C.
Dated: By n ��
M O CE 001716 AN, TRUSTEE
OF THE M. JOYCE HOFFMAN
TRUST, DATED SEPTEMBER 23,
1997, Member/Manager
Dated: By
JUDY KORSMEYER, TRUSTEE
OF THE JUDY KORSMEYER
REVOCABLE LIVING TRUST,
DATED MARCH 411998,
Member/Manager
GRANTOR'S MAILING ADDRESS:
Hidden Hills Mobilodge, LLC.
c/o M. Joyce Hoffman, Trustee
431 Woolard Road
Sanford, NC 27330
Hidden Hills Mobilodge, LLC
c/o Judy Korsmeyer, Trustee
11387 N. Moore Road
Elfrida, AZ 85610
CITY OF SAN LUIS OBISPO, a
municipal corporation and a charter city:
Dated: By
Name:
Title:
5of6
SLOlTank Tann Road/HiddenHills/ROW Agieeincni 6-9-08 final
t ' Attachment
GRANTOR:
HIDDEN HILLS MOBILODGE, L.L.C.
Dated: By
M. JOYCE HOFFMAN, TRUSTEE
OF THE M. JOYCE HOFFMAN
TRUST, DATED SEPTEMBER 23,
1997, Member/Manager
Dated: y� $ Byi�, �'2��y�¢y�
KORSMEY R, TRUSTEE
OF THE JUDY KORSMEYER
REVOCABLE LIVING TRUST,
DATED MARCH 4, 1998,
Member/Manager
GRANTOR'S MAILING ADDRESS:
Hidden Hills Mobilodge, LLC
c/o M. Joyce Hoffman, Trustee
431 Woolard Road
Sanford, NC 27330
Hidden Hills Mobilodge, LLC
c/o Judy Korsmeyer, Trustee
11387 N. Moore Road
Elfrida,AZ 85610
CITY OF SAN LUIS OBISPO, a
municipal corporation and a charter city:
Dated: By
Name:
Title:
5of6 Cg-21
SLO/Tank Fann Road/HiddenHil /RO\V Agreement 6-9-OS final
1 Attachment 3
MAILING ADDRESS OF CITY: ATTEST:
City of San Luis Obispo
990 Palm Street By
San Luis Obispo, CA 93401 City Clerk
APPROVED AS TO FORM:
y Dated:
Name onathan P. Lowell
Title: City of San Luis Obispo, Attorney
APPROVED AS TO CONTENT:
By Dated:
Name: David C. Nix
Title: Wastewater Division Manager,
City of San Luis Obispo
6 o f 6 c1? ZL