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Home My WebLink About05/05/2009, C4 - 133 CHORRO STREET SEWER EASEMENT council "May 5,2009 j acEnba Repoin Cq CITY OF SAN LUIS O B I S P O FROM; Jay D. Walter, Director of Public Works 7D Prepared By: Matt Horn, Supervising Civil Enginee SUBJECT: 133 CHORRO STREET SEWER EASEMENT RECOMMENDATION Accept an easement from the owners of the property located at 133 Chorro Street, which provides for permanent sewer access. DISCUSSION On August 15, 2006 Council awarded a contract to Montes Pacific Engineering to replace the sewer line along the back of the property at 129 Chorro St. The sewer line was in danger of failure due to the loss of a retaining wall along the creek. Construction was completed on February 23, 2007. After construction was complete, the property owner of 133 Chorro St., next door to 129 Chorro St., informed staff that a portion of the sewer construction work occurred outside the existing easement. He claimed that the project had resulted in damage to his property adjacent to the project site. Staff confirmed the claim that a portion of the construction had occurred outside the existing easement area. While there was some dispute as to the scope of the alleged damage to the 133 Chorro St. property, it was clear that it was necessary to obtain an additional easement from the property owner in order to secure permanent access to the City's facilities. Staff pursued and negotiated an additional sewer easement area that adequately protects the City's right to maintain and operate the sewer infrastructure, as well as obtaining a waiver and settlement of all claims. CONCURRENCES The Utilities Department concurs with the location of and acceptance of this sewer easement. FISCAL IMPACT There are no new fiscal impacts associated with acceptance of the sewer easement. The easement will facilitate better access to the sewer line in the future, if repairs are needed. Full resolution of the outstanding issues arising from the project, including securing the easement and a waiver of potential property damage and/or inverse condemnation claims against the City, has been settled and was funded from the project account for a total amount not to exceed $28,600. ATTACHMENTS 1. Vicinity Map 2. Easement Deed G:\Staff-Reports-Agendas-MinutesLCAR\2009\CIP\90591 129 Chorro\90591 Chorro Easement.doc MM■ �� -. � 11:1' iii i �■1 I R, LOCA T11 MIR"M RPM � �+i iii ■ �,,�= � ;,,. :,,., Yq,li iu.av,.� )t' •Y�/gip` .cv.r - ATTACHMENT 1 MAU , TWEEN ALL EW P.C.C. WALL WITH FENCE ON TOP FD CS AND SUPER TAG STE 5-6-192 10 "DRY"ST CKED WALL NEW EASEMENT W � O O 0 9.25 FEET '•'t. •1{ 0 OLD MANHOL % ALLAN BLOCK GRAVITY WALL :=* 'ti.. at M O SO l.�l $ISpO EASEMENT EXHIBIT Public Works Department 919 Palm Street, San Luis Obispo, CA 93402 C� -3 ATTACHMENT 2 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of San Luis Obispo City Attomey's Office 990 Palm Street San Luis Obispo, CA 931401 EASEMENT DEED i I II I p r , I ATTACHMENT 2 EASEMENT DEED (To The City of San Luis Obispo) No Documentary Transfer Tax per Revenue Taxation Code 11922 APN: 001-014-060 No Recording fee per Government Code§6103 For a valuable consideration,receipt of which is hereby acknowledged. James Frearson and Tommi Frearson,husband and wife as joint tenants(collectively herein after referred to as"Grantor")hereby grant to CITY OF SAN LUIS OBISPO, a chartered municipal corporation of the State of California,and its successors and assigns: A Permanent Easement in gross to survey, install,construct,reconstruct,enlarge, lay,alter, operate,patrol,remove,relocate,replace,and maintain a sewer conduit, consisting of one or more underground pipelines and related facilities and to permit the entry upon the property for the purpose of maintaining and/or repairing a portion of an existing, adjacent retaining wall that encroaches upon the Real Property. These related facilities may include but are not limited to markers, and manholes. The markers, manholes, and other related facilities may be located below ground or at ground level and, if placed,shall be done in a manner which minimizes visual and physical obstruction. This easement shall be in,over,on,through,within,under,and across the Easement Area of the Real Property as defined in this paragraph. The"Real Property"is in the City of San Luis Obispo,County of San Luis Obispo, State of California described in Exhibit "A,"attached hereto and incorporated by reference herein. The"Easement Area"which comprises the Permanent Easement is described in Exhibit"B,"and depicted in Exhibit"C,"both are attached hereto and incorporated by reference herein. The Permanent Easement(s)described herein shall be SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1. The facilities and improvements installed in the 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 Easement Area at anytime,upon 24 hours notice (except in cases of emergency requiring immediate access), including the right to use any existing or subsequently constructed entry or access to the Property,as shall be convenient and necessary for the purpose of exercising the right herein set forth;provided,however,that nothing herein shall prevent or limit Grantor's right to close any such entry or access and to provide the City with comparable alternative access to the Easement Area,.as deemed reasonable by the City. The ingress and egress of personnel,vehicle,and construction equipment will be done in a manner that respects the security of the premises. 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 of other fill over City's underground facilities. Grantor(s)shall not temporarily or permanently modify,or allow others in any way to modify,the ground surface elevation in the Easement Area from the elevation established upon completion of construction of the City's facilities without the City's written consent,which consent shall not be withheld unreasonably. -Page I of 2 - ' ATTACHMENT 2 Grantor(s)shall not conduct,or permit other to conduct,grading operations,ripping, stockpiling, or other construction activitieswithin or proximate to the Easement Area to extent that City facilities may be damaged or,under any circumstances,without prior written approval by the City. This paragraph shall not apply to routine maintenance activities related to any authorized improvements within the Easement Area,to the extent that such activities present no reasonably foreseeable risk of damage to the CITY's facilities. 4. This easement is subject to all existing easements, utilities and facilities existing on. the date this Easement is granted, and all future uses authorized by the CITY,which do not directly or indirectly interfere with or endanger City's exercise of the right described herein; provided,however,that City shall have the right to clear and keep clear from the Easement Area all activities,buildings,structures,walls,and other facilities of a permanent nature, and any earth cover or stockpile of material placed without the City's written consent,which interfere with the City's use of the Easement Area. Grantor shall not construct,nor permit others to construct, such permanent facilities which conflict with City's ability to use the Easement Area. City shall have the right of non-exclusive use and possession within the Easement Area for a distance of two(2) feet in every direction around the outside surface of the City Facilities and within the easement. 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 activities,buildings,structures, walls, and other facilities of a permanent nature,and any earth cover or stockpile of material placed without the City's written consent,which interfere with the City's use of the Easement Area,at the Grantor's expense. 5. Subsequent to the grant of this Easement, Grantor shall not grant any easements of any kind whatsoever to others in, over,on,through, within, under and across the Easement Area without the prior written approval of the City,which approval shall no be withheld unreasonably.. Executed this 5 day of S2 r°t 2008nn �J- kmes son Tommi Frearson - Page 2of2 - ATTACHMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County of San LUIS Obispo Jay On SaflO bt r S 09 before me, A M✓) L. PLt hlrc Date r, Here Ince Name and Ime a Officer personally appeared T6rnrn) f rwtgOn and James Fre arL-pn Name(s)of Signer(e) who proved to me on the basis of satisfactory evidence to be the person@ whose name s&a/are subscribed to the within instrument and acknowledged to me that 4ef;ohelithey executed the same in bWAaer/their authorized capacity ie , and that by UisAaeWtheir signature s@ on the instrument the personG or the entity upon behalf of which the person@s acted, executed the instrument. AMY L. ANTISTA COMM. #1573405 9 I certify under PENALTY OF PERJURY under the laws m NOTARY PUBLIC-CALIFORNIA of the State of California that the foregoing paragraph is SAN LUIS OBISPO COUNTY I9 9 P 9 P My Comm.Expires APR 26,2009P true and correct. WITNESS my h I and ocial seal. Signature Place Notary Seal Above Signature of Neffry Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 1?tg ee n tit Dee d Document Date:sSevtem bcY 5 , 2008 Number of Pages: 2 Signer(s) Other Than Named Above: NO N li� Capacity(ies)Claimed by Signer(s) Fr `Sl ner'sName:Tpmm) flrealrson Signer's Name: James Fr-ea✓son ?Individual Wndividual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ ❑ Partner—❑Limited ❑ General ❑ Attorney in Fact ❑Attorney in Fact Top of thumb here Top of thumb here ❑ Trustee El Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: V Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave„P.O.Boz 2402•Chatsworth,CA 913134402•w NafionalNotary.org Item*5907 Raordar CellToll-Ron t-806676-6827 n ATTACHMENT ` JULIE RODEWALD Lo RECORDING REQUESTED By: San Luis Obispo County—Clerkiltworder 712212003 Cuesta Title Company Reeorded at the regeeg of 8:00 AM Emow No. 103909-TR Guests Title Company TWO Order No.00103909 D o C#: 2003080312 Titles 1 Pages: 2 When Recorded Mali Document and Tad Statement To: ulUllt�l � Fees 100 Mr. and Mrs.James Frearson �I Tares 0..08 133 Charro Street Others 0.00 San Luis Obispo, CA 93401 PAID $10.00 + GRANT DEED SPACE ASO-VIEWS UNE FOR RECORDER% USE The undersigned grantor(s)declares) Fan1D � o'G�SE1 Documentary transfer tad is $—0 City Transfer Tax Is$ I X I computed on full value of property conveyed, or E I computed on full value less value of liens or encumbrances remaining at time of sale, EX I Unincorporated Area City of FOR A VALUABLE CONSIDERATION,receipt of which Is hereby acknowledged, James D.Frearson who acquired title as a single man hereby GRANT(S) to James D. Frearson and Tommi G. Frearson, husband and wife as joint tentants the following described real property in the City of, County of San Luis Obispo, State of California: SEE EXHIBIT ONE ATTACHED HERETO AND MADE A PART HEREOF DATED: June 20, 2003 STATE OF CA IFORNIA CD F f1 �� 1 Ja es D. ea on ON re me, personally appeared personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the =OSAN� ERS person(s), or the entity upon behalf of which the8427 Person(s) acted, executed the instrument. UNT c MM UNTY Witness than and official seal Signature 6 )fib MAIL TAX STATEMENTS AS DIRECTED ABOVE FD-213(Rev 7196) GRANT OEm 01 xY11517- �- ATTACHMENT 2 Escrow No. 103909-TR This @der No.00103909 EXHIBIT ONE Lot 18 in Block 17 of Anholm Addition to the City of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of Califamia, according to map recorded May 13, 1927 in Book 3, Page 91 of Maps. EXCEPTING THEREFROM the North 3 feet of said Lot 18 as conveyed to John G. Meyer, et ux., by deed dated July 20, 1949 in Book 529, Page 572 of Official Records, j 1 END.OE DOCUMENT' "Xyt.glT 4P.crr, ATTACHMENT Exhibit"B" LEGAL DESCRIPTION PERMANENT EASEMENT File no:061.0021 (0299) September 18,2o08 A portion of Lot 18 of the Anholm Addition in the City of San Obispo, State of California according to the map filed in Book 3 of Maps.at Page 91 in the Office of the County Recorder of San Luis Obispo County, also described in that Grant Deed dated June 20, 2003 to James D. Frearson and Tommi G. Frearson, recorded in Document #: 2003080312 of Official Records in said County Recorders Office, said portion described as follows: Commencing at the northwesterly comer of the parcel.of land described in said Grant Deed, said comer being marked by a#5 rebar with a plastic cap stamped "LS 7618" as shown on the Record of Survey map filed in Book 92 of Licensed Surveys at Page 06 in said County Recorder's Office; Thence along the northerly line of said parcel of land south 89040'00"east 40.63 feet, (L2), to the True Point of Beginning; Thence continuing along said northerly line south 89940'00",east 9.25 feet, (L4), to the northwesterly comer of the land described as Parcel No. 19 in the Easement Deed recorded in Volume 627 of Official Records at Page 206 in said County Recorder's Office; Thence along the westerly line of said Parcel No. 19 south 00°20'00"west 10.00 feet, (1-7), to the southwesterly comer of said Parcel No. 19; Thence north 89040'00"west 9.25 feet, (1-6); Thence north 00°20'00"east, 10.00 feet(1-5), to the True Point of Beginning. Containing 92.50 square feet more or less. The above-described parcel of land is graphically shown on Exhibit "C" attached hereto and made a part hereof. End Description ,gap� tp9 eZco,L pp.619Y License expires 3/31110 'OFC 6192. � i It I 1 ATTACHMENT 2 20 n FD. #5 REBAR 19 FTN, 18 'LS 61920 R1 O FD.NAIL& TAG O 60' "LS 7618"R FD. COTTON SPINDLE /—OLD LOT T.P.OB. AND SUPERTAG LINE "LS CD 6192"R1 CD �ic3 ` PARCEL 19. P.O.C. L6 FTN. 18 — — — FD.#5 REBAR DOC. #2003080312 "LS7618'R1 (92/LS/06) I0.00'SEWER EASEMENT 627JORW. 6 1 c� �V a� LEGEND R 92ILS106 SCALE R1 24/CR(76 0 15 30 60 CF CALCULATED FROM T.P.OB. TRUE POINT OF BEGINNING 1 INCH=30 FEET P.O.C. POINT OF COMMENCEMENT OO FOUND MONUMENT AS NOTED LINE TABLE LINE# LENGTH BEARING RECORD LENGTH. BEARING Ll 154.82' N890 40'OO'W CFR 154.73' N89040'00"IN L2 40.63' S89'40'00"E — — L3 97.72" N890 40'00"W CF R1 97.77' N87°3728"W L4 9.25' S890 40'00"E — — — L5 10.00' NO*20'WE — — L6 9.25' N89°40'00°W — — — L7 10.00' SO°20'00"W - - - • i i L8 41.41' NO-24'28"W CFR1 41.40' N01°38`04'lN ; PERMANENT JOB No.: 0061-0021.6 9 ! 672cwaroEASEMENT EXHIBIT DRAWING: EASE DRAWINGSANi ssuis aBIsSPO.Po,C xun oi DRAWN BY:CLB 1 T 8055444011 EXHIBIT "C" - F 80554"294 Dart: 09(0412008 WAl1ACEGROM wmew`°mwvw+ SCALE: 1'=3(Y.._ I I Cif-I