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HomeMy WebLinkAbout08/19/2008, C9 - TANK FARM GRAVITY SEWER, LIFT STATION AND FORCE MAIN PROJECT- COKER ELLSWORTH EASEMENT PURCHASE council j ac En as Repoat C9 CITY OF SAN LUIS 0 B I S P 0 FROM: Dave Hix Acting Utilities Directora Prepared by: Jennifer Metz,Utilities Projects Manager SUBJECT: TANK FARM GRAVITY SEWER, LIFT STATION AND FORCE MAIN PROJECT- COKER ELLSWORTH EASEMENT PURCHASE CAO RECOMMENDATION 1. Approve the Sewer Facilities Grant Deed for the purchase of real property from Coker Ellsworth Development, LLC for construction of the Tank Fane Gravity Sewer, Lift Station and Force Main Project and authorize the Mayor to execute the Deed. 2. Approve Right of Way Agreement with Coker Ellsworth Development, LLC in the amount of$354,000 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 (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 purchase of property and easements on the property owned by Coker Ellsworth Development, LLC. It consists of the purchase of property north of Tank Farm Road that is 86.2-feet wide by 128.9-feet long, totaling 11,111 square feet, for the Tank Farm Project's lift station. A permanent access easement that is 46-feet wide by 173.9-feet long, totaling 7,999 square feet, a permanent drainage and sewerline easement that is 86.2-feet wide by 45-feet long, totaling 3,879 square feet adjacent to the lift station site, and a permanent sewerline easement that is 10-feet wide by 1,350-feet long, totaling 0.62 acres. The purchase also includes a 60-foot wide by approximately 1,350-foot long temporary (12-month) construction easement which totals 1.85 .acres. 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 Coker Ellsworth property 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 valuation for the fee simple purchase and that of the real property and the various easements was as follows: C? -� Tank Farm Project, Coker Ellsworth Easement Purchase Page 2 Fee Simple $ 111,110 Permanent Access Easement $ 79,900 Permanent Drainage and Sewerline Easement $ 38;790 Permanent Sewerline Easement $ 27,007 Temporary Construction Easement 96,703 Total: $353,600 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 past several weeks. The landowners have agreed to$354,000 compensation, asdescribed in Attachment 3,Right of Way Agreement. FISCAL IM[PACT Approval of the recommended agreements with Coker Ellsworth Development, LLC for the Tank Farm Project will cost a total of$354,000. The remaining Tank Farm Project easement purchases on the Hidden Hills Mobilodge,Union Oil and Lathrop 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 CunenttBudget 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 12,910,000 12,910,000 The total cost of the easement acquisitions collectively for the Tank Farm Project is $466,100. Available contingency funding in the amount of$50,100 will be transferred to the land acquisition phase of theproject budget, resulting in a revised land acquisition budget of$466,100. Sufficient budget is available to complete acquisition of the required easements for this project.. ATTACHMENTS 1. Tank Farm Gravity Sewer,Lift Station and Force Main Project Map 2. Sewer Facilities Grant Deed 3. Right of Way Agreement G:\CAR Repons\2008 Council Agenda Reports\Tank Farm Sewer Project\CokElls Easement Acquisition Attachment] City of San Luis Obispo Tank Farm Gravity Sewer,Lift Station, and Force Main Project "� r / .' a .• �r "25 ti0 Al Jt :•o- _ ;`�� 1 >�n .� _ '.y �Hi11 s tr.' .� ♦ Z;, I �� `cue .-. �, , Arne .«�•' 'D. V {. s w �� 5 \:. Sma ���\* j . s Ir ,, J. V. » -_- -- -70 �.6 R,t°4 } �{i���r,l.._.�@�4'I ` ('`i . �y c � Jew J ,• „"' , PROJECT ROUTE 00� ®Scrag •��•�•i• .. ,7RADO ROAD Well J� ti 015Posal�✓y7A� . /19 Well l��' '✓ao O a` ., \�# •A51 ;� , �, t2^Y, "SNC M gR+ asV tai w fl EI$ 1 „�. ..__ ......._ ....j '� — •� '�3 ,c. ._ lis Coker • -a Hidden Hills •� :;< r Ellsworth Umon g N .. �► r Fa Development Mobliod e c " stat.." oily, TANK FARM ROAD 1fAP II el • _" �c f +� t , ---t i •..•....0............ .•• .. • F b� qc. a _k.4 at o Pc t 20 x f �T7s14 :••.: L _ Proper�ie� : . Umloil On n F il i1 �Ijge0 �,: = I " rr of � tea; s 1 ri ��Q et )i l f YL_��fCY l t. •Sias__� `{�I S Bt � �v "`_.- �. -_ v_=_ate-._.__� - -" f.,et l27 r.,_._ _� ��•� , � y' ��.- + 91 ATTACHMENT 1:Tank Farm Gravity Sewer, Lift Station and Force Main Project Map NORTH Not to Scale C19 —3 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 A.P.No. 076-351-043 (SLO County) SPACE ABOVE THIS LME 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 GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, COKER ELLSWORTH DEVELOPMENT, LLC, a California Limited Liability Company, as to an undivided 1/3 interest; and RAY BUNNELL, a married man as his sole and separate property, as to an undivided 1/3 interest and HENRY MYERS, a single man, as to an undivided 1/3 interest, all as tenants in common (hereinafter collectively referred to as "GRANTOR") do 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 that certain real property located in the County of San Luis Obispo, State of California, described in Exhibit "A" attached hereto and incorporated herein (hereinafter the"Real Property"): A. IN FEE, that certain portion of the Real Property that is described in Exhibit `B" and depicted in Exhibit"C" attached hereto and incorporated herein (referred to hereinafter as the "Lift Station Site"); Together with the following appurtenant easements: B. PERMANENT ACCESS EASEMENT A "Permanent Access Easement" for ingress and egress for personnel, vehicles and equipment to and from the Lift Station Site and the other property interests transferred hereby. Said Pennanent Access Easement is described in Raec I of APn 076-351-043 SLO/TankFalmRoad/Coken�Deed Final `� `� l Attachment 2 Exhibit"D" and depicted in Exhibit "E", both attached hereto and incorporated herein. Said Permanent Access Easement may be improved by the City at its option for use as an Access Road. This easement is not exclusive to the City and may be used by Grantor as long as such use does not directly or indirectly interfere with or endanger City's exercise of the rights described herein. C. PERMANENT DRAINAGE AND SEWERLINE EASEMENT: A "Permanent Drainage and Sewerline.Easement" for the installation, construction, reconstruction, enlargement, operation, maintenance, replacement, maintenance and repair of sewerlines, conduit and related appurtenances, including associated utilities, valves, manholes, markers, and related facilities, drainage from the Lift Station Site, and ingress and egress rights associated therewith. Said Permanent Drainage and Sewerline Easement is described in Exhibit"F"and depicted in Exhibit"G", both attached hereto and incorporated by reference herein. D. PERMANENT SEWERLINE EASEMENT: A "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 described in Exhibit "H"and depicted in Exhibit"I", both attached hereto and incorporated by reference herein. This easement is not exclusive to the City and may be used by Grantor as long as such use does not directly or indirectly interfere with or endanger City's exercise of the rights described herein. E. TEMPORARY CONSTRUCTION EASEMENT: 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 upon the property interests conveyed herein (collectively, the"Property Interests") in, on, over, under, through, and across that certain parcel of land described in Exhibit "J"and depicted in Exhibit "I",both attached hereto and incorporated herein. This Temporary Construction Easement shall commence June 30, 2008, and shall terminate within eighteen (18) 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 eighteen 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 Five Thousand, Three Hundred Seventy Two Dollars ($5,372) 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 tenninate on or before June 30, 2010. C�i S Pa-e 2 of 7 :1PN 07G-351-04' SI_O/TankFarniRoad/Coker/Deed Final Attachment 2 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. F. GENERAL TERMS AND CONDITIONS: In addition to the covenants, terms and conditions set forth above, the Property Interests conveyed herein shall be governed by the following covenants, terms and conditions: 1. The facilities and improvements installed in the Property Interests 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, Grantor shall not grant any easements of any kind whatsoever to others in, over, on, through, within, under and across the Property Interests without prior written consent of the City. 4. City shall have the right of ingress and egress for personnel, vehicles, and construction equipment over the Real Property to, from, and along the Property Interests 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 excepting the Permanent Access Easement area, 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 Property Interests, as deemed reasonable by the City. S. 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 Property Interests 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 Property Interests to the extent that City Facilities may be damaged. 6. The Permanent Sewerline Easement and the Permanent Drainage and Sewerline Easement (collectively"Easement Areas") are 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 these Easement Areas 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 these Easement Areas all explosives, buildings, structures, walls, and other facilities of a permanent nature which interfere with City's use of these Easement Areas. Grantor shall not construct, nor permit others to construct, such pennanent facilities which conflict with City's ability to access and use these Page 3 of 7 APN 076-351-0=13 SLOiT:mkFannRo:id/Coker/Decd Final ``�� ( l � Attachment Easement Areas. City shall have the right of exclusive use and possession within these Easement Areas 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. GRANTOR: COKER ELLSWORT EVELOPMENT, LLC, a California Limite iability Company Dater By: N e: Coker Ellsworth itle: Managing Member Date: RAY B L Date: YER HENRY MS Cq / APN 076-351-043 Pace 4 of 7 SLO/Tm,kFarmRoad/Coker/Decd Final ( / Attachment GRANTOR: COKER ELLSWORTH DEVELOPMENT, LLC, a California Limited Liability Company Date: BY F1f�4�1laC .— Name: Coker Ellsworth Title: Date: RA UNNELL Date: HENRY M ERS State of California ) County of'E�n"-S cbp—syd ) On S�U1,e 1-1 i '2M'9 before me, cda&A�6. �> Notary Public, personally appeared C a VR r e 1c. 1 who proved to me on the basis of satisfactory evidence to be the person( whose nameO is/ subscribed to the within instrument and acknowledged to me that he/�kNwy executed the same in his/h�t( r authorized capacity), and that by his/I`Nrdha it signature(g) on the instrument the person(* or the entity upon behalf of which the person* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS hand and official seal Q! N r" PD Y�SS E CROW o COMM.#1615761 to NOTARY PUBLIC-CALIFORNIA K ANUbP N0N ` SAN LUIS OBISPO COUNTY Signature (Seal) K.-.�-- MYComm.EX0f"Ootobei23 Nag Page of q r1PN 076-351-043 SLO/TunkFm'mRoad/Coker/Deal Final U Attachment: State of California ) County of S;�kYl li (S On �Ihe 1-1 Zpo8 before me, �+Y�v Q Notary Public, personally appeared au U Y1Yle 1 l who proved to me on the basis of satisfactory evidence to be the personx whose name(* isAc--- subscribed to the within instrument and acknowledged to me that he/�'Vtllt�y executed the same in his/1*/Lair authorized capacity(X, and that by his/fAdtheir signature(*on the instrument the person(lJs , or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CANDYSE CROW WITNESS MY hand and official se oQM4 COMM.x1615761 OTYPUBLIC-CALIFORNIA AN LUIS OBISPO COUNTY y Comm.Exgree October 23,2009 b Signature (Seal) State of California ) County of`-SNnW s drai ) On r �uhe 2.Jz625 , before me, (29"f\d- Sk - C� Notary Public, personally appeared. ""An4 Mue,rrS who proved to me on the basis of satisfactoryevidence to be the persorrW whose name(6) is/0 subscribed to the within instrument and acknowledged to me that heir executed the same in hislt Qk/$ems authorized capacity, and that by his/lw/llr signatureN on the instrument the personK, or the entity upon behalf of which the persort*•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 CANDYSE CROW O COMM.#1615761 in 2 NOTARY PUBLIC-CALIFORNIA K. SAN LUIS OBISPO COUNTY 0 My Comm.Exgree October 23,2009 b Signature (Seal) � .-.-.-..�......- --- Page6 orp C 7— (y APN 076-351-04-33SLO/TankPannRoad/Coker/Deed Final Attachment 2 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the Sewer Facilities Grant Deed, dated , 2008, from COKER ELLSWORTH DEVELOPMENT, LLC, a California Limited Liability Company, as to an undivided 1/3 interest; and RAY BUNNELL, as to an undivided 1/3 interest; and HENRY MYERS, as to an undivided 1/3 interest; all as tenants in common, to the CITY OF SAN LUIS OBISPO (Grantee), is hereby accepted by the undersigned officer on behalf of City, and City consents to the recordation thereof by its duly authorized officer or agent. CITY OF SAN LUIS OBISPO Dated: By Mayor APPROVED AS TO FORM: GJon;a2Lo7well, City Attorney PBaC / Of 7 .APN 076-351-043 SLOiTankFannRoad/Coker/Deed Final �/ Attachment 2 Lots 43 and 49 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, pursuant to recording of Certificate of Compliance recorded March 19, 2003 as Instrument No_ 2003-027817of Official Records. EXHIBIT A , Prue I o� Attachment 2 Legal Description A portion of Lot 49 of that tract of land referred to locally as the"Suburban Tract"in the County of San"Luis Obispo, State of California, according to that map entitled, "Map of the Subdivisions of the Suburban Tract",recorded February 7th, 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: Commencing at a I %z inch iron pipe with tag stamped R.C.E. 12545 marking the Southeasterly comer of Lot 40 of Tract No.703, on the Northerly boundary of that 30 foot wide road as shown on that map recorded in Book 10, at Page 50 of Maps in the office of the Recorder for said County, Thence, South 01° 17'49"West, 15.00 feet to the Northeast corner of Lot 43 of said Suburban Tract on the centerline of said 30 foot wide road; Thence, along the East boundary of Lot 43 and Lot 49 of said Suburban Tract,South 010 16' 28" West, 1291.29 feet to a 2 inch brass cap stamped LS 2019 marking the Southeasterly corner of said Lot 49 at the Northerly boundary of a 40 foot wide road Right-of Way shown on that map, entitled"Portion of Vachell and San Luis Obispo Suburban Tracts", filed in Book 2, at Page 55 of Record of Surveys in the office of the Recorder for said County; Thence,along the East boundary of said Lot 49, North 0V 16' 28"East;45.00 feet,to the True Point of Beginning; Thence, leaving the East boundary of said Lot 49,parallel with the Northerly boundary of said 40 foot wide road Right-of-Way, North 88'33' 36"West, 86.20 feet; Thence,parallel with the East boundary of said Lot 49, North 01" 16' 28"East, 129.90 feet; Thence,South 88°33' 36"East, 86.20 feet to the East boundary of said Lot 49; Thence, along the East boundary of said Lot 49, South 01° 16'28"West, 128.90 feet to the true point of beginning. Containing 1 1,111 square feet more or less. ��\.AND SUR I End Description ��%y` S Hu �F` < N I Prepared by: N0: 5139 z t Daniel S_ Hutchinson, LS 5139 (license renewal 6/30/09) w f Date: Of cAO EXHIBIT B � P�� I o� I Attachment L\,OP.0.C.l'1T49"W FOUND 1 1/2 I.P.15.00' Z W/TAG RCE 12545 PER 10/MB/50 _ 1 I ' I I I I Ae!> y0 I"' o� bZ I IN ~ I N S s 4 9 �• I Do Yp� 7 I Ir FEE SlA1PLE V9 a (11,111 s¢ fest) S88'33'36"E 85-20' S0116'28"W N01'16'28"E r– .y 128.90' I 128.90' 1 e \f N88"33'36'W ? I — NDt'15'28'E I ( 86.20' FOUND B.C. MARKED "U.O.Co. B 1 45:00' L T.P.O.B. No. 14, R.H.J. L.S. 2019" L Z PER 2/RS/55 – �ANK FARM ROAD 40' WIDE PER 2/RS/55 _ NOTE BEARINGS SHOWN HEREON ARE P.00-D – POINT OF COMMENCEMENT 200 _ Sao = BASED ON THE CITY OF SAN LUIS T.P.0.8. - TRUE POINT OF BEGINNING, ' OBISPO'HORIZONTAL CONTROL B.C. - BRASS CAP i NETWORK DATED JANUARY, 2007. 1 INCH =200 FEET I 1 ;jamon SEVER FACUTY FEE A z : . A PORTION OF LOT 49 OF TME SUBURBAN TRACT e fs.2fiG CA saB 05.E 4,740 G s«,ta Manly CA COUNTY OF SAN 1U15 U&�O, CAL1FOFaNA- C 9 f51.52EL6TEt0 905.SM.7407 805.928.)363 ouew BY mfOlm BY yy� rrw.[BOn°nAvv<iBteeue Bel[ 6VS/115 OSH I' _ 2BV r�vIn hN- !". nano I i Attachment 2 Legal Description A portion of Lot 49 of that tract of land referred to locally as the"Suburban Tract"in the County of San Luis Obispo, State of California, according to that map entitled;"Map of the Subdivisions of the Suburban Tract",recorded February 7th, 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: Commencing at a I %z inch iron pipe with tag stamped R.C.E. 12545 marking the Southeasterly comer,of Lot 40 of Tract No.703,on the Northerly boundary of that 30 foot wide road as shown on that map recorded in Book 10,at Page 50 of Maps in the office of the Recorder for said County; Thence, South 01" 17'49"West, 15,00 feet to the Northeast corner of Lot 43 of said Suburban Tract on the centerline of said 30 foot wide road; . Thence, along the East boundary of Lot 43 and Lot 49 of said Suburban Tract, South 01' 16' 28" West, 1291.29 feet to a 2 inch brass cap stamped LS 2019 marking the Southeasterly comer of said Lot 49 at the Northerly boundary.of a 40 foot wide road Right-of-Way shown on that map, entitled"Portion of Vachell and San Luis Obispo Suburban Tracts", filed in Book 2, at Page 55 of Record of Surveys in the office of the Recorder For said County, Thence, along the South boundary of said Lot 49 and the Northerly boundary of said 40 foot wide Right-of-Way, North 88°33' 36"West, 86.20 feet, to the True Point of Beginning; Thence, continue along the South boundary of said Lot 49 and the Northerly boundary of said 40 foot wide Right-of-Way,North 88°33' 36"West, 46.00 feet,- Thence, eet;Thence,parallel with the East boundary of said Lot 49,North 01" 16' 28"East, 173.90 feet; Thence,South 88" 33' 36"East,46.00 feet; Thence;parallel with the East boundary of said Lot 49, South 01' 16' 28" West, 173.90 feet to the true point of beginning. Containing 7,999 square feet more or less. i S�� End Description a S. HU 0 I 4 t/! Prepared by: N0. 5139 i I Daniel S. Hutchinson.L 5139(license renewal 6/30/09) . * i Date: d or GAOE C --1�� " Attachment 2 i I; O O e �,o �� 2 �y,0 �o� P.O.C. I FOUND 1 1/2 I.P. o� s01*17.49"W Z 15.00" W/TAG RCE 12545 - - _ - PER 10/MB/50 - - i �— I I I � � I p� I Iva ` aZ N Ct-` � N E �eA e19Z a R � ' I �•� 3 �O a I N \55\ I POWANETIT ACCESS En EASEMENTEAENT 58833"36"E' g (7.999 eq. feet) 46.00' 501'76'28"W 6 r N01'16'28"E T - 173.90" I 173.90' I LP O B. I _ N88'33"36'W N6833'36"W FOUND B.C. MARKED -U.O.Co. s 1 — — — 46.00' 86.20' No. 14,ER 2/R/552019" TANK FARM.ROAD - — — — — a 40' WIDE PER 2/RS/55 — — z LGN© BEARINGS SHOWN HEREON ARE P.0 C POINT OF COMMENCEMENT by I BASED ON THE CIT`( OF SAN LUIS T.P.08 - TRUE POINT OF BEGINNING OBISPO HORIZONTAL 'CONTROL B.C". - BRASS CAP NETWORK a DATED JANUARY, 2007. 11NCH =200 FEET I ®u1 LL aon PERMANENT ACCESS EASEMENT T y A PORTIONOF LOT .9 OF THE SUBURBAN TRACT 9akn.srwl4.CA San l5. Cl740 CA Santa 29L73 3 COUNTY CF SAN 1U15 OBISPO. OAUFOMA <— .9 661.328.6290 q05.$µ,7407 805.9237363 J - .r..GannanA 01^""BY Dram of _ >zocivlmu. BY5 5 vtF �� _ Di/0//08 � Attachment 2 i Legal Description A portion of Lot 49 of that tract of land referred to locally as the.-Suburban Tract"in the County of San Luis Obispo, State of California, according to that map entitled, "Map of the Subdivisions of the Suburban Tract", recorded February 7th, 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: Commencing at a 1 %: inch iron pipe with tag stamped R.C.E. 12545 marking the Southeasterly comer of Lot 40 of Tract No.703, on the Northerly boundary of that 30 foot wide road as shown on that map recorded in Book 10,at Page 50 of Maps in the office of the Recorder for said County; Thence, South 01'.17' 49" West, 15.00 feet to the Northeast comer of Lot 43 of said Suburban Tract on the centerline of said 30 foot wide road; Thence, along the East boundary of Lot 43 and Lot 49 of said Suburban Tract, South 01" 16' 28"West, 129119 feet to a 2 inch brass cap stamped LS 2019 marking the South-easterly comer of said Lot 49,at the Northerly boundary of a 44 foot wide road Right-of-Way shown on that map, entitled "Portion of Vachell and San Luis Obispo Suburban Tracts", filed in Book 2, at Page 55 of Record of Surveys in the office of the Recorder for said County, and the True Point of Beginning; Thence, along the northerly boundary of said Right-of--Way, North 88"33' 36"West, 86.20 feet; Thence, leaving the northerly boundary of said Right-of-Way,North 01" 16' 28"East; 45.00 feet; Thence; parallel with the Northerly boundary of said 40 foot wide road Right-of-Way, South 88°33' 36"East, 86.20 feet the East boundary of said Lot 491; Thence, along the East boundary of said Lot 49, South 010 16'28"West, 45.00 feet to the true point of beginning. Containing 3,879 square feet more or less. End Description E,OIPhD ��/q 4+� Hut, eft I z Prepared by: Q to I Daniel S. Hutchinson, LS 5139 (license renewal 6/30/09) + N0. 5139 z .Date: 2zar9) ���Of CAt1EQ`��`P C �/� Attachment 2 3 O O1 P.O.0. FOUND 1 1/2 I.P. SOI 50177 48"W z W/TAG RCE 12545 I 15.00' PER 10/MB/50 1 I I I I I b� Ivoo 402 I N ~o1 I IN I s N 409 e ► A, ho 10 I p1 I T I S PERMANENT O $ EASEMENT rn a (3.979 sq. fest) I — S88'33'36"E > I N01 16'28'E 86.20' I 45.00' I I So1,6'2a'w 45.00' FOUND B.C. MARKED 'U.O_Co_ I N88 5.20' "W No. 14, R.H.J. L5. 2019" — — — 86.20 I T.P_O.B. PER 2/RS/55 � ANK FARM ROAD a 40' WIDE PER 2/RS/55 — I I s NOTELE BEARINGS SHOWN HEREON ARE P. :POINT' OF COMMENGEIaENfi ° 3 BASED ON THE CITY OF SAN LUIS 4Q° TI OBISPO HORIZONTAL CONTROL .P.O.B. — TRUE POINT OF BEGINNING t NETWORK DATED JANUARY, 2007. El.C. — BRASS CAP 1 INCH =200 FEET +' r a-�� ! �L J 110PERMANEN, A PORTION OF LOOT fT '` SMAN TRACT Bd.enlldd, CA Sort Lum Obispo• CA Sumo Norio, CA COUNTY OF SAN LS 001 po, CAUFOftk + e / OL 9 661.J28.6IB0 805.514.7407 805.928.7363 on.w ev dt[tlim!r www.CannmA>socloi a.�v �.4L ort BVS/MS pg1 ' ali'bl� 01 Pcia 2 1 I-�- I r 2B OB Attachment 2 Permanent Sewer Pipeline Easement Legal Description A 20 foot wide strip of land across a portion of Lots 43 and 49 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 7th, 1906, filed in Book 1, at Page 92 of Licensed Surveys in the office of the Recorder for said County, said strip of land lies 10.00 feet-on each side of the following described centerline: Commencing from a City of San Luis Obispo,standard centerline monument marking the Northeast comer of Tract No.703, according to the map entitled, "Higuera Commercial Park" as recorded October 31'% 1980, filed in Book 10,at Page 50 of Maps in the office of the Recorder for said County, Thence, on the Easterly boundary of said Tract No.703, South 01° 17' 49"West, 1304.63 feet to a 1 '/� inch iron pipe with tag stamped R.C.E. 12545 marking the Southeasterly corner of Lot 40 of said Tract No.703,being a point on the Northerly boundary of that 30 foot wide road designated on said map of the Suburban Tract; Thence, continue South 01° 17' 49"West, 15.00 feet to the Northeast corner of said Lot 43; Thence, along the East boundary of said Lots 43 and 49, South 01' 16' 28" West, 1291.29 feet to a 2 inch brass cap stamped LS 2019 marking the Southeasterly corner of said Lot 49 at the Northerly boundary of that 20 foot wide road designated on said map of the Suburban Tract, as shown on the map entitled, ."Portion of Vachell and San Luis Obispo.Suburban Tracts", recorded October 16th, 1939, filed in Book 2, at Page 55 of Record of Surveys in the office of the Recorder for said County, Thence, along the East boundary of said Lot 49, North 01' 16' 28" East, 173.90 feet; Thence, leaving the East boundary of said Lot 49 at a right angle, North 88°33' 36" West, 10.00 feet to the True Point of Beginning; Thence, along a line that lies parallel with and offset westerly 10.00 feet as measured at a right angle from the East boundary of said Lots 43 and 49, North 01° 16' 28" East, 775.76 feet; Thence, North 43°28' 03" West, 21.03 feet; Thence. North 88'28' 03" West, 222.30 feet; Pagel of 2 _ TASLO PROJECT FILES\SLO City\Tatk Fann Road Sewer Project\Coker Ells.wonh Dev. LLC\Signed and conectcd legeds for (``� Pennanent Sewer Pipeline.Easement 6-19-03.dnc I'scW6� 44 IRL Id Z Attachment 2 Thence, North 430 28' 00" West, 20.00 feet; Thence, North 01° 32' 00" East, 312.63 feet to a point on the north of said Lot 43, being a point on the centerline of said 30 foot wide road designated on said map of the Suburban Tract; Furthermore, the sidelines of the herein above described 20.00 feet wide strip of land shall be lengthened and/or shortened to intersect each other at angle points and where the sidelines intersect property boundaries; Containing 27,007 square feet more or less. End Description Prepared by: Dan el S. Hutch son, LS 5139 (license renewal 6/30/09) Date: 7 Z0,06 r 1;�LANA s� - ,��`'` S. HUI MG 5139 i 9 Of CAL JE r Page 2 of 2 i F'\pivj\2002\021121\Survry\Design\Con5tmclion Dm wings\EnglishTegaI Descriptions\308191-Cuker\Pcnnanent Sewer pip-line Easement.doc I' F:iuPptT It ipart= 2 Fv 2 � Attachment 2 I I P.O.C.— �03 I CITY OF SAN LUIS OBISPO 39 CENTERLINE MONUMENT PER cl( NO L p( 1 O/MB/50 I l 1304.63' I SOI'17'49"W 1 — — 15.00' FOUND 1 1/2 I.P. IbW1h W/TAG RCE 12545 oto I PER 10/MB/50 I r 61b IZ M I I I I 1 N88'28'0 "W 222.30 � N43'28'03"W N4 21.03' 20.00�� I vp °' I 5 N E 60.00' TEMPORARY ' t 3 CONSTRUCTION EASEMENT Z 1.85 ACRES t� 0 I 20.00' PERMANENT SEWER 10.00' PIPELINE EASEMENT 119 I 0.62 ACRES Co Q s !f s BEARINGS SHOWN HEREON ARE to BASED ON THE CITY OF SAN LUIS OBISPO HORIZONTAL CONTROL a I I 200 . . . 8100NETWORK DATED JANUARY, 2007. 30036 LEGEND F — 1INCH =200 FEET P.O.C. — POINT OF COMMENCEMENT t /SOI 16'28'W T.P.O.B. — TRUE POINT OF BEGINNING I I V 173.90' B.C. — BRASS CAP I I FOUND B.C. MARKED "U.O.Co. I L — No. 14, R.H.J. L.S. 2019' PER 2/RS/55 y TANK FARM ROAD — i 40' WIDE PER 2/RS/55 s ®ui111O11 PERMARMT SEWER PIPEUHE EAS�YFHT "s ASSOCIATES PORE. OF LOTS 43 & 49 OF THE SUBURBAN TRACT e Bakemfldd. CA San Lub Obl M CA Santa Mxia, CA COUNTY OF SAN I.LIS 0&Wpr CAUFUMA �l 1 66I.328.B280 805.544,7407 605.928.7363 (J " nnr.CannonAoeoclates.ua 0P't�a' �6y ..•, I BK 5 OSH t. 200 ort 03 os Attachment 2 Temporary Construction Easement Legal Description . A 60.00 foot wide strip of land across a portion of Lots 43 and 49 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 7th, 1906, filed in Book 1, at Page 92 of Licensed Surveys in the office of the Recorder for said County, lying Westerly, Southerly, and adjoining the 20.00 foot wide Permanent Sewer Pipeline Easement described by the hereinabove "Exhibit B"; Furthermore, the sidelines of the herein above described 20.00 feet wide strip of land shall be lengthened and/or shortened to intersect each other at angle points and where the sidelines intersect property boundaries; Containing 80,586 square feet more or.less. End Description Prepared by: &L Daniel S. Hutchinson, PLS 5139 (license renewal, 06/30/09) Date: Al", O•`pN0 YL�'�' HUT0 2 0 4� N0 5139 zik � Q �9 Of CAME I EEa1sperionje2n0l.0d2n\c0211211SwveyDenlConsluclinn Drwin s\En lish\Lebal Deaitt lions\SOR 191.Cke\Tcmpmary Cunswcti un I IExRUNT 3 PAGE 1 ,OF Attachment 3 PARCEL NO.: 076-351-043 (San Luis Obispo County) PROJECT: Tank Farm Road Sewer and Lift Station OWNER: Coker Ellsworth TITLE REPORT NO:: 808191 RIGHT OF WAY AGREEMENT (WITH ESCROW INSTRUCTIONS) THIS AGREEMENT is made and entered into by and between COKER ELLSWORTH DEVELOPMENT, LLC, a California Limited Liability Company, as to an undivided 1/3 interest; and RAY BUNNELL, a married man as his sole and separate property, as to an undivided 1/3 interest; and HENRY MYERS, a single man, as to an undivided 1/3 interest; all as tenants in common, hereinafter collectively called "Grantor," and 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." A Sewer Facilities Grant Deed ("Grant Deed") covering the property rights particularly described therein ("Property Interests" or "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 Tank Farm Road Sewer and Lift Station (hereinafter referred to as the "Project"), except as stated in Paragraphs 2.E. and 21. below. 2. The City shall: A. PAYMENT - Pay to the order of the Grantor the sum of THREE HUNDRED FIFTY FOUR THOUSAND DOLLARS ($354,000), as consideration in full for the real Property Interests being conveyed in the referenced Grant Deed, for the loss, replacement and moving of any improvements, and for entering into this Agreement. Said sum shall be paid upon the close of escrow, which shall occur when title to said Property Interests has vested in City free and clear of all liens, encumbrances, assessments,easements and leases, recorded or unrecorded, except for recorded public utility easements and public rights of way. Iof6 �I SLO,'rank Farm Road/Coker/ROW Agreement Final Attachment 3 B. RECORDATION OF INSTRUMENT - Accept the Grant Deed herein referenced and cause the same to be recorded in the office of the San Luis Obispo County Recorder at such time as when clear title can be conveyed to the City. C. MISCELLANEOUS COSTS - Pay all escrow, title insurance, and recording fees incurred in this transaction. D. CLEARANCE OF BONDS, ASSESSMENTS OR DELINOUENT TAXES - Have the authority to deduct and pay from the amount shown in Clause 2.A. above any amount necessary to satisfy any bonds, demands,. delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest thereon, and/or delinquent and unpaid non-delinquent assessments which have become a lien at the close of escrow. E. PROPERTY RESTORATION AND FUTURE DEVELOPMENT BY GRANTOR- Generally restore the surface of the easement areas described in the referenced Grant Deed to the condition that existed prior to City's Project construction, to the extent reasonably practical, except in ureas where surface appurtenances such as markers, manholes, and access vaults may be located. At no cost to Grantor and as requested by Grantor, City will provide Grantor publicly available information and/or plans regarding regional, local or adjacent drainage plans and will assist Grantor and its agents to interpret and analyze this information. City acknowledges that in the course of development of this parcel, additional public utilities and storm drains may be located within the easement areas and that such uses are compatible with this easement so long as conditions of this easement are met. F. 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's Project construction and restoration work on Grantor's property during the temporary easement period specified in the referenced Grand Deed. 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 property areas described in the referenced Grant Deed exceeding a period of one month, or if there are any such leases, Grantor agrees to hold the City harmless and reimburse City for any and all of its losses and expenses occasioned by reason of any lease.of said property held by tenant of Grantor fora period exceeding one month. C. PERMISSION TO ENTER - Hereby grants .to the City, its agents and contractors, permission to enter upon the Property conveyed in the referenced Grant Deed prior to the close of escrow for the purposes of preparation for and construction of the City's facilities, subject to all applicable terms and conditions contained in this Agreement and the associated Grant Deed. The rights granted herein include.authorization to conduct pre-construction surveys and soil sampling 2of6 SLO/r;mk Farm Road/Coke j/R01V Aereentetll Ficial I -' Attachment 3 and testing, as well as the right to construct sewer facilities. If at any time prior to the installation of City's sewerline, lift station and related facilities within the Property, 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 further obligations or liabilities related hereto other than to restore the property to a comparable condition as that which existed prior to City's entry. D. GRANTOR'S KNOWLEDGE OF THE ENVIRONMENTAL CONDITIONS OF THE PROPERTY—Grantor hereby represents and warrants that to the best of Grantor's knowledge and belief, throughout the period of ownership of the Property by Grantor, there has been no spill, discharge, release, cleanup or contamination of or 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. City acknowledges knowledge of prior Unocal Oil Company conditions and studies on contamination in the area of this Property. 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 Grant 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 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. Cri 3 ar6 SL&Tank Pana Raad/Cokci/ROW Agreement Final I Attachment 3 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 Grant Deed when conditions of this escrow have been fulfilled by City and Grantor. d) Following recording of Grant Deed from Grantor, provide City with a CLTA Standard Coverage Policy of Title Insurance in the amount OF $354,000 issued by Cuesta Title Company, showing that title to the herein referenced Property Interests 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 No. 1 through 6 and 8 through 10 of the Preliminary Title Report issued by Cuesta Title Company, dated June 4, 2007, referenced as Order No. 808191-A; 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 this Agreement, the'City may file an action in eminent domain to pursue the acquisition of the Property Interests, 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 Interests. 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. 4of6 —a S S LOMink Fann Road/Coker/ROW Agreement Final Attachment 3 _ F. SUCCESSORS AND ASSIGNS - This Agreement shall apply to and bind the heirs; executors, administrators, 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. GRANTOR: ' COKER ELLSWORTH DEVELOPMENT, LLC, a California Limited Liability Company Dated: By: Name:(;mak-�ELL�NT3� ! Title: Dated: (o- (77-�cb / HENRY 1VIY RS Dated: -T f RA BUNNELL MAILING ADDRESS OF GRANTOR: Coker Ellsworth Coker Ellsworth Development, LLC 129 Bridge Street, Suite B Post Office Box 1238 Arroyo Grande, CA 93420 Ray Bunnell 14t Suburban Road San Luis Obispo, CA 93401 Henry Myers 1621 Price Street Pismo Beach, CA 93449 5 ,1,6 q�a SLO/Tank Farm RoacUCokedROW Agleemeni Final Attachment 3 CITY OF SAN LUIS OBISPO Dated: By: Name: Title: 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: B Dated: Gi athan P. Lowell City of San Luis Obispo, Attorney APPROVED AS TO CONTENT: By Dated: David C. Hix Wastewater Division Manager City of San Luis Obispo 6 ol'6 SLO/Tank Faun RoadiCoker/ROW Agreement Final