HomeMy WebLinkAbout03/21/1989, 7 - WATERLINE EASEMENT TO SERVE TRACT 1259, SAN LUIS DRIVE - A. MADONNA, DEVELOPER. orijinal staff report from "7/89 meeting.
MEETING DATE:
city of sari Luis OBlspOrlarch 1,_1989
ANREM NUMB
IftCOUNCIL AGENDA REPORT
FROM: David Romero, Public Works Director
SUBJECT:Waterline easement to serve Tract 1259, San Luis Drive A. Madonna, developer.
CAO RECOMMENDATION:
By motion, direct staff to proceed with Alternative #1, acquisition of easement.
BACKGROUND:
Tract 1259, located at the extreme northeasterly end of San Luis Drive, included the
following as one of its conditions.
8. Subdivider shall acquire necessary easements to install an 8-inch diameter water
main connecting the new San Luis Drive main to existing 14-inch main adjacent to
Highway 101, to the approval of the City Utilities Engineer.
The 14-inch main referred to is a very old main installed in what was once old Highway 101
and is now part of the Motel Inn property. The required water main connection must be made
by either traversing Caltrans right-of-way on 101 freeway or by traversing Motel Inn
property. Two attempts were made by the developer to make a connection on Caltrans
right-of-way, however because of poor, antiquated records of the location of 14-inch line
and the required depth of excavation alongside the high speed travel lanes of 101, further
attempts at a connection on Caltrans right-of-way have been abandoned.
The City located the line within the Motel Inn back parking lot, and an alternate
connection route was chosen. The developer and the owner of the Motel Inn property have
been negotiating an easement and construction access rights for well. over a year.
Mr. Madonna's letter of January 27, 1989 indicates that these negotiations have come to an
impass (Exhibit 1).
DISCUSSION:
Staff feels that the connection is necessary in order to provide reliable service to this
isolated area. Therefore if the last best alternative calls for acquisition of an easement
from a third party, the City must be prepared to use its power of eminent domain. First
step will involve an appraisal and City offer to purchase the property. If this is
unsuccessful, legal proceedings may be necessary. All City direct cost would be at the
expense of the developer.
ALTERNATIVES:
1. Direct staff to proceed with acquisition of easement (staff recommendation).
Advantages:
Project can proceed, with a reliable water system ultimately being developed.
Disadvantages:
City staff time involved. City may have to advance funds for certain costs.
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Njj% COUNCIL AGENDA REPORT
Tract 1259
Page Two
2. Determine that waterline connection to the 14-inch line is not needed, drop condition
as requirement.
Advantages:
Avoids staff time, advanced costs, avoids condemnation.
Disadvantages:
Water system serving Tract 1259 would not be on looped system and would not meet City
standards for reliability.
3. Determine that waterline connection is not needed at this time (buildout of houses in
Tract 1259 will undoubtedly require a number of years). Retain funds from the
developer of Tract 1259 to make waterline connection at a future date when the City can
exact the easement (in addition to other water and fire requirements) from the Motel
Inn as a condition of development.
Advantages:
Will avoid condemnation, use of staff time, and City advance of some costs.
Disadvantages:
The timing of Motel Inn need for entitlement is unknown, thus easement and water
connection may not be made for.some years.
RECOMMENDATION:
Staff feels that the connection should be made, if not at this time, within the next few
years. We have no knowledge of the timing of redevelopment of the Motel Inn property.
Therefore staff feels it is prudent to proceed with the easement and connection at this
time and recommends Alternate #1.
Exhibits: 1. Madonna letter, 1/27/89
2. Grant deed, description, sketch of easement
Note: Aerial photo exhibit will be available in Council office and at Council meeting
City A inistrative Officer City orney
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3 0 1989
' - MADONNA opo N
TELEPHONE (805)543-0300 P.O. BOX 3910
SAN LUIS OBISPO, CALIFORNIA 93403-3910
January 27 , 1989
City of San Luis Obispo
Department of Public Works
P. 0. Box 8100
San Luis Obispo, CA 93403-8100
Attn: David F. Romero
RE: SUBDIVISION AGREEMENT
TRACT 12592 SAN LUIS DRIVE
^ Dear. Mr. Romero :
(`J With respect to the above referenced agreement, this letter
is written to notify the City that we have negotiated in
good faith with the owner of the Motel Inn property for the
right-of-way easement for a. water line connection and have
. been unable to obtain same.
It will therefore be necessary for the City to exercise
it's authority to obtain an easement for this water line
connection.
Thank you very much.
Very truly yours ,
A. MADONNA
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RECORDING REQUESTED BY
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P.O. Box 8100
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MAIL TAX STATEMENT TTO
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SPACE ABOVE TNIS LINE FOR RECORDER'S USE
CAT.NO.A 0 as eal l Individual Grant Deed
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The undersigned girantor(s)declare(s):
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( ) comptited on full value less value of liens and encumbranms temums at time of sale
( ) Unincorporated area:( )City of
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FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged.
Milton Grau b Betty Grau, Husband and Wife
hereby GRANT(S)to The City of San Luis Obispo
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County of San Luis Obispo state ofCaBf0mia:
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See Exhibit °Aa
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Dated:
STATE OF CALIFORNIA Milton brau
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on before
me,the =di;j;W a Notary Public in and for aid Stam
personally appeared
personally known to me or proved to me on the bail of cit-
isfattory evidence to be the person_whose name
subscribed to the within instrument and acknowledged
that executed the.same.
WITNESS my hand and official seal.
O Signature
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Title Order No. Escrow or loan No.
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EXHIBIT "A"
A ten foot wide easement for public waterline purposes over a portion of Section
25, Township 30 South, Range 12 East, Mount Diablo Base and Meridian, in the
City of. San Luis Obispo, County of San Luis Obispo, State of California; said
easement being south of and contiguous to the following described line:
1. Beginning at an iron pipe at the northwest corner of Lot "A" as shown .on the
map of Tract 1259 on file in the office of the County Recorder, County of San
Luis Obispo, State of California, at Page 13, Map Book 72, said northwest
corner of Lot "A" being located on the southerly right-of-way line of State
Highway 101.
2. Thence, South 840571570 West a distance of 46.46 feet along the southerly-
right-of-way line of State Highway 1U1, as shown on State of Cal if a Depart- \
ment of Transportation Right-of-Way Map 05-SLO-101, P.M. 27.536-30.3bl on file•
at State of California Department of Transportation District 5 Headquarters
Right-of-Way office in the City of San Luis Obispo, County of San Luis Obispo,
to an angle point, said angle point marked with a 6" X 6" concrete monument
located 86.40 feet right of State Highway 101 "S" .Station 141+25.
3. Thence, continuing along the southerly right-of-way line of Highway 101
South 7102702" West a distance of 95 feet to a point, said point being at the
westerly end of the 10' wide easement.
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