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Home My WebLink AboutD-1588 076-081-018 Recorded 07/23/2003• RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Utilities Department CITY OF SAN LUIS OBISPO 990 Palm Street San Luis Obispo, CA 93401 APN: 076 - 081 -018 JULIE Rospo 00 San Luis Obispo 00 San Recorded at the request of Public DOC #: 2003081021 SK 7/23/2003 8:15 AM Titles: 1 Pages: 5 Fees 0.00 Taxes 0.00 Others 0.00 PAID $0.00 THIS SPACE RESERVED FOR RECORDER ONLY (Gov. Code 27361.6) RECORD AT NO FEE PURSUANT TO SECTION 27383 OF THE GOV CODE AGREEMENT TO USE WELLS IN LIEU OF CREEK DIVERSION This agreement is entered into this day of�lJC- , 2003, by and between John H. Hayashi, and Howard H. Hayashi hereafter referred to s "Owner ", and the City of San Luis Obispo, a chartered municipal corporation, hereafter referred to as "City", collectively referred to as "Parties ". The property transferred from John Hayashi to John H. Hayashi and Howard, H. Hayashi on May 6, 1994 by Grant Deed recorded as document number 1994 - 029237 of the Official Records of San Luis Obispo County, CA, and identified by assessors parcel number 076 -091- 41.8 is hereinafter referred to as "Subject Parcel ". On the Subject Parcel, the Owner has maintained a creek diversion that is estimated by owner to have pumped 700 acre feet per year for the purposes of agricultural irrigation. On the Subject Parcel, the City has drilled and cased two wells that, based on pump testing, are expected to produce a total of 650 gallons per minute. The City is developing a Recycled Water Distribution Project which will reduce the current discharge of treated wastewater to San Luis Obispo Creek and as mitigation for this project seeks to reduce the amount of direct diversion from the creek. In consideration of the mutual and respective covenants and promises set forth herein and subject to all the terms and conditions hereof, the Parties hereby agree as follows: 1. The City quitclaims, to the Owner, the wells that have been drilled and cased on Subject Parcel. The City shall have no further responsibility for these wells. 2. This deed shall in no way be construed to limit the water rights, riparian, appropriative, or otherwise of the Owner. 3. The Owner acknowledges receipt of the sum of $104,266.91 as compensation for development of the wells, and related piping and electrical services, and for future costs of maintenance, upkeep and replacement of the water supply system. -Z/679 4. In consideration for the City's quitclaim of the wells and the specified cash payment, the Owner agrees to discontinue use of the creek diversion and develop an irrigation program that utilizes water conserving irrigation practices and will function with the 650 gallons per minute being produced by the wells. The maintenance, upkeep or replacement of the wells and irrigation system will be the responsibility of the Owner. This agreement does not restrict the owner's options relative to the diversion, should the wells fail to produce at least 650 gallons per minute of water suitable for the owner's agricultural operations. In the event of failure of the wells to produce the desired 650 gallons per minute, owner agrees to work with the City in the development of alternative diversions, such that the intent and purpose of this agreement is protected, and City agrees to cooperate with the owner in a good faith effort to develop such alternative diversions.in an expeditious manner so as to minimize disruption and consequential damage to owners agricultural operations. 5. All notices, statements, requests or other communications that are required either expressly or by implication to be given by either party to the other under this agreement shall be in writing. 6. Any waiver at any time by either party hereto of its rights with respect to a breach or default, or any other matter arising in connection with this agreement, shall not be deemed to be a waiver with respect to any other breach, default or matter. 7. This agreement shall be binding on the heirs, executors, administrators, successors, agents, lessees and assigns of the respective parties. 8. This agreement is freely and voluntarily entered into by the parties after having had the opportunity to consult with their respective attorneys. The parties, in entering into this agreement, do not rely on any inducements, promises, or representations made by each other, their representatives, or any other person, other than those inducements, promises, and representations contained in this agreement. This agreement represents the entire agreement of the parties.. 9. The City shall record this agreement and shall be responsible for any recording costs. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first entered above, at San Luis Obispo, California. i Mayor David F. Romero K STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO SS. On `4a)L4- /7, A) 5' before me, City Clerk Lee Price, personally appeared Mayor David F. Romero, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrun)en(. WITand /offici 1 seal. LE E PRI __E, CMC; CITY CLERK APPROVED AS TO FORM: Jona owell, City Attorney OWNERS: (Y AAA S--X4,z if Yiayashf ','UL-PURPOSE ACKNOVIDGEMENT State of California SS. County of S . (, t) On personally appeared [A personally known to me V - OR - DAHUI FOLKS .. Comm. 01263333 ►n NOTARY PUSLIGCALIFORNIA San Luis Ob'no Goumy My Comm.Ex?irec ' e) 11.2004 • me, i7 Q .e r-70 `�-� (NOTARY) SIGNER(S) ❑ 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. WITNESS my hand and official seal. NOTARY'S SIGNATURE OPTIONAL INFORIMATION The information below is not.required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER APA 5/99 VALLEY - SIERRA, 800 -362 -3369 m d RIGHT THUMBPRINT r OF SIGNER ;r'i,,r,'•.`` - CL APA 5/99 VALLEY - SIERRA, 800 -362 -3369 .AJLL -P>< R POSE ACKNORO DG State of California County of � On k. (DATE.) personally appeared r YJ personally known to me - OR - D _AR L _EN E FOLKS .. Comm. 11263333 rn ® NOTARY PUBLIC.CALIFORNIA 0. San WS 051SDO County My Comm. ExDtfeL May I t • 2004' me, � &--4-- � _j - ,, -A / (NOTARY) ❑ 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. WITNESS my hand and official seal. _'-� tLcXO." J" NOTARY'S SIGNATURE OPTIONAL. INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACKED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER OTHER d L cssr CL E �, iii `mac= APA5/99 - VALLEY- SIERRA, 800.362 -3369 END OF DOCUMENT EC��ad� D- Al1 G 1 1 2003 CITY OF SAN LUIS DBISPO UTILITIES DEPT. f f