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Home My WebLink About04/07/1992, C-17 - AGREEMENT WITH U.S. FOREST SERVICE AND GRANT OF EASEMENT FOR REDEVELOPMENT OF ENTRANCE WAY, TRAILHEAD AND TRAIL AT LITTLE FALLS CREEK IN UPPER LOPEZ CANYON ON CITY OWNED PROPERTY �I �I�I�I�uI�uI�IIIuIII C Of San .,.IIS OBISPO MEETING DATE: u .;1.-17-- = PPUNCIL AGENDA REPORT ITEM NUMBER- `7 Stockton, Recreation Department (-• SUBJECT: Agreement with U.S. Forest Service and Grant of Easement for Redevelopment of Entrance Way, Trailhead and Trail at Little Falls Creek in Upper Lopez Canyon on City Owned Property CAO RECOMMENDATION: By motion, approve and authorize the Mayor to execute an Agreement and Grant of Easement with the United States Forest Service to redevelop trail amenities on property owned by the City in Upper Lopez Canyon at Little Falls Creek. BACKGROUND: Approximately 18 months ago, representatives of the U.S. Forest Service (USFS) met at a regular meeting of the Park and Recreation Commission (PRC) to discuss the redevelopment of the entryway, trailhead and trail to Little Falls in the Upper Lopez Canyon. A portion of these trail amenities traverse City owned property. This trail has been in use and maintained by the USFS for over 30 years; however, flash floods in the canyon and the increased use and damaging effect by off-road vehicles (ORV) has rendered public access nearly impossible. It was the contention of the USFS that if they were allowed to redevelop the entryway and trailhead, public access would again be possible and by placing discrete barriers, the damage done by (ORV) would be mitigated. The USFS proposed to accomplish the work at no cost to the City and in the process remove what remains of abandoned Boy Scout camp buildings that have been virtually destroyed by vandals. To better understand the USFS proposal, members of the PRC, Recreation Department staff and the City Engineer accompanied the USFS District Ranger to the Lopez Canyon site, walked the area from the proposed trailhead to Little Falls and made full note of all concerns. The PRC recommended that the USFS do a survey of the exact locations for entry, trailhead and trail and develop an Agreement and Grant of Easement proposal that could be considered by the City. The USFS has completed the survey (Attachment B ) , prepared drawings (Attachment C ) , and developed an agreement (Attachment PA) and forwarded to the City for consideration. FISCAL IMPACT: None. ALTERNATIVES: 1. Approve agreement and grant of easement with U.S. Forest Service for redevelopment of entry, trailhead and trail on City property in Lopez Canyon at Little Falls Creek. This alternative would repair damage from storms and ORVs and open the trail to the public at no construction or maintenance costs to the City . 2. Do not approve agreement and grant of easement. This would leave the area "as-is" with the public traversing the site in manner of choice. ATTACHMENTS: Attachment A: Agreement and Grant of Easement Attachment B: USFS survey of site Attachment C: Trailhead Layout ^—�� ATTACHMENT "A" . s AGREEMENT AND GRANT OF EASEMENTS FOR AN ENTRANCE WAY, TRAILHEAD, AND TRAIL THIS AGREEMENT AND GRANT OF EASEMENTS, dated this day of , 1992, from the CITY OF SAN LUIS OBISPO, a municipal corporation, of the County of San Luis Obispo, State of California, hereinafter called "Grantor" to the United states of America, hereinafter called "Grantee". WITNESSETH; Grantor for and in consideration of One Dollar, received by Grantor does hereby grant to Grantee and its assigns, exclusive easements for an entrance way, trailhead, and trail over and across the following described lands in the County of San Luis Obispo, State of California. T. 31 S. , R. 14 E. , M.D.B.& M. section 4, swi/4sw1/4 Section 9, NW1/4NW1/4 The exclusive easements hereby granted are for the construction, reconstruction, maintenance, and full, free and quiet use and enjoyment of an entrance way, trailhead, and trail over and across the above described premises according to Exhibit "A", attached hereto and made a part hereof: The width of the entrance way shall be 30 feet, 15 feet on each side of the centerline, to accommodate cuts and fills. The width of the trail easement shall be 8 feet, 4 feet on each side of the centerline, or more if necessary to accommodate cuts and fills, but in no case more than 12 feet wide without express consent of Grantor. The boundaries of the trailhead is described on Exhibit "A". The boundary lines of easements shall conform to the property . lines of the above described lands. This grant is subject to all valid and existing contracts, leases, licenses, encumbrances, and claims of title which may affect said property and the use of the word "grant" herein shall not be construed as a covenant against the existence of any thereof. Any alleged tort liability of the United States will be determined pursuant to the Federal Tort Claims Act. 28 U.S.C. 2671, et seq. The acquiring agency is the Forest Service, United States Department of Agriculture. The Grantor may use any trail on these easements as provided by Federal and State laws, rules, and regulations. The Grantee agrees to provide the Grantor with working drawings and accurate measurements of all improvements associated with the development and protection of the entrance way, trailhead and trail. Grantee further agrees that Grantor's engineers must approve the plans and measurements prior to any construction of improvements. The Grantor reserves the right to terminate this Agreement and Grant of Easements upon determination that the entrance way, trailhead and trail interfere with future development of Grantor's property, if alternate easements acceptable to the Grantee are provided. Grantee agrees to remove all improvements and restore premises as nearly as possible to its natural state, at Grantor's expense, within 180 days of approval of the new easements. If the Regional Forester determines that these easements, or any segment thereof, are no longer needed, the easements traversed thereby shall terminate. The termination shall be evidenced by a statement in recordable form furnished by the Regional Forester to the Grantor or successors or assigns in interest. The termination shall return the land to the Grantor with all improvements removed and the entrance way, trailhead and trail returned as closely to its natural state as possible and to the satisfaction of the Grantor. IN WITNESS WHEREOF, Grantor has executed ibis Easement Deed on the day .and year first above written. Ron Damn, Mayor Mark J. Madrid CITY OF SAN LUIS OBISPO Deputy Forrest Supervisor ATTEST: Pamela Voges, City Clerk APPROVED AS TO F0RM: e or ns CYY Attorney UWlll��ll ATTACHMENT _"RL 4597F49 N 88. 28' w o u r s e s X1.57' Entrance Way W Beginning at an Iron Rod aund umum in the middle of Upper Lopez tamped /O & Canyon Road, thence: b o L1 N78'41'14"E 31.63' ` N 41991 '•a? L2 N70'1 3'06"E 47.76' L O U w N L3 N44'40'03"E 19.30' 0 L4 N42'24'30"W 34.30' �!.• y L5 N54'40'30"W 88.77' L6 N 1702',13"W 25.80' �. Trail Head ' '• Beginning at the terminus • • • • 10• : t, of course L6, thence: I L7 S72'57'47'W 15.00' v4b9 •, •��Trail Head L8 N1T.02'13'W 89.49' I �'°• . f L9 N50030'13"E 105.02' 1 . •• L10 ' S79'32'08"E 32.63' Lll S52'58'54"E 22.69' I :• L12 S31'37'180W 145.60' L13 S72'57'47"W 15.00' ' �� •.•,tiM to the beginning of course L7. N v z Trail a Trail begins at terminus of p •� course L10 and runs in a northerly .direction, as the W trail is currently traveled, c k13•' to the Iron Rod at the north y • ' 4� boundary of lands of the y c •,L7 .�, City of San Luis Obispo. ca h "O w b _ Scale: 1" - 50' O �, •• rte• ',• Found Monument per c ' • '•,4'k+e'. Record of Surveys Book I •.• fyQ• ,: 63 at Page 81 N •� O Set Iron Rod 9 This map correctly represents the location ' •• -•• of the Little Falls Trail Entrance Way p - Trail Head and Trail through Assessor Parcel Number 48—o1-14, San Luis Obispo County. d . • • • � • • 4f0 GLTEI[ P,1.� ?• B/9 t •L,1 W, • •• Frank A. Fetscher, PLS Date O Forest Land Surveyor b $' ' ' ' • • • . U.S. DEPARTMENT OF AGRICULTURE Ni/1e gig FOREST SERVICE YI LOS PADRES NATIONAL FOREST 38 S9 p� o'aea Gree- SANTA LUCIA RANGER DISTRICT LS 4597 45 � SAN LUIS OBISPO, CALIFORNIA 1988 S Property of The City of San Luis O p Little Falls Trail 14 Found Aluminum Lots 48 and 49 t,. ` Cap Stamped Township 31 South, Range 14 East Mount Diablo Meridian LI 1 7 L� E=r�LLS -1 i�Ai t.. h c.iD « ATTACHMENT "C" ,CO"N7-y Rd 0011 wry RGA . \ • • Lrrrkf FAw.S TRAIL 11 Poo �o rt v T. jp � f ( •\`\ c Y , \ V /LOPE% CecCV Ar xxff f / WL srarp ` —.LlTMLE r-a. a CITEEK _