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Home My WebLink About04/04/1989, 9 - WATERLINE EASEMENT TO SERVE TRACT 1259, SAN LUIS DRIVE - A. MADONNA, DEVELOPER. Original staff report from 7/89 meeting and 3/21/89 meetiT MEETING DATE. A��IIU city of San WIS OBISp0 April 4, 1989 COUNCIL AGENDA REPORT MM NUMBS 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. r 9-1 I�IIIINNIIV�� @ I��I�II�III OCI�v O san1S OBISPO 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 omeyc/ I tr1259/dfr#15 y 301989 D MADONNAOF �sro N TELEPHONE (80.5)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 12599 SAN LUIS DRIVE Dear Mr. Romero: 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 AM:pcb 9� 3 . . i 0 V N ^ VQ •� OD Q Z 14 s v W Z - 1 74 ti�� s E1227 REGORGING REQUESTED By r AND WHEN RECORDED MAIL TO Nom. City of San_ Luis 'Obispo q.0. Box 8100 Ad&M San Luis Obispo, CA 93403 utv a L Sa J MAIL TAX STATEMENTS To • awat , Aow� cnv a saw L. J . SPACE ABOVE THIS LINE FOR RECORDERS USE TO IM MMOOM A(2-031 individual Grant Deed ro tuas to u-a) APN: TMItiIORYn+IestowaannenitrerLsiruuttoia The undersigned grantor(s)declare(s): Documentary transfer ax is.$ (XX ) computed on full value of property conveyed.or ( ) computed on full value lea value of lams and encumbrances r cu almag at time of.sale. ( ) Unincorporated arm-( )dry of _ ,and FOR A VALUABLE CONSIDERATION,receipt of which is hereby adotowledrd, Milton Grau & Betty Grau, Husband and Wife herebyGRANT(S)to The City of San Luis Obispo the following described real property in the County of San Luis Obispo ,Sato of California[ See Exhibit "An Dated: .STATE OF CALIFORNIA Mil'Lon Glrau ' COUNTY OF }SS. Betty Grau On before me, the undersigned, a Notary Public:iti and.for raid State. - Pemn+UY appeared personally known to me or proved to me on the basis afaetory evidence to be.the person_whose name - - - subseribad to the within imtro;7= and acknowledged that executed the same. WITNESS my hand and official seal. Sipaiure 7- 57 =77T-7". ' ' ! rlTis mea for effieW nova,wap Title Order No. . . - Escrow or Loan No. - MAIL TAX SrATEMCNIS AS OIRECTFn AnnVo 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 84057157" West a distance of 46.46 feet along the southerly right-of-way line of State Highway 101, as shown on State of California Depart- ment of Transportation Right-of-Way Map 05-SLO-101, P.M. 27.536-30.361 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 71027 ' 02" West a distance of 95 feet to a point, said point being at the westerly end of the 10' wide easement.