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HomeMy WebLinkAbout05/02/1995, 4 - REQUEST FOR EASEMENTS FROM THE STATE DEPARTMENT OF WATER RESOURCES NECESSARY FOR THE COASTAL BRANCH OF THE STATE WATER PROJECT MEETING DATE �VImI�I�b���li��I, City of San LUIS OBISPO May z 1995 ITEM NUMH6a: COUNCIL AGENDA REPORT FROM: John Moss Prepared By: Gary W. Henderson Utilities Director Water Division Manager SUBJECT: Request for Easements from the State Department of Water Resources Necessary for the Coastal Branch of the State Water Project CAO RECOMMENDATION: Adopt resolutions granting: 1. A permanent pipeline and access road easement and a temporary construction easement on City property located on Fox Hollow Road near the base of Cuesta Grade (Police Firing Range). 2. A permanent access road easement using an existing roadway which crosses City property located on Stenner Creek Road. DISCUSSION: The State Department of Water Resources (DWR) has requested easements from the City of San Luis Obispo for two separate City owned properties. The easements are necessary for the construction and maintenance of the Coastal Branch of the State Water Project pipeline which will pass through the County. The final environmental impact report (FEIR) for the project was certified and distributed to the public in May 1991. Since that time, DWR has finalized the design of four of the six construction reaches. Addenda to the FEIR were prepared and distributed for these reaches documenting the environmental analysis of the minor changes. The fifth reach of the Coastal Branch begins at the south portal of the Cuesta Tunnel and terminates at Nipomo. During design of this reach, the pipeline alignment was modified due to design problems and environmental concerns. The preferred alignment for the pipeline is now proposed to cross Highway 101 near the Police Firing Range at the base of Cuesta Grade and cross a small portion of the City owned property. The change in alignment was necessary due to several concerns. The original alignment in the FEIR planned to utilize a cattle undercrossing approximately 1.5 miles north of San Luis Obispo. After publication of the FEIR, DWR continued further evaluation of the feasibility of the Highway 101 crossing design and potential construction impacts to San Luis Obispo Creek. The following major problems were identified which necessitate the alignment change: ■ DWR discovered that the underground cattle crossing functioned as a storm drain for Highway 101. Caltrans concluded that use of the drain would create a flooding danger and refused to grant an easement. ■ The alignment of the pipeline following the crossing of Highway 101 would have paralleled San Luis Obispo Creek and would require removal of several large ���► �I811�1���h�u�l `� city of san _.Ais oBispo COUNCIL AGENDA REPORT State Water Project Easements Page 2 sycamore trees. In addition, California Department of Fish and Game forced reevaluation of the alignment based on potential impacts to the creek. Pipeline and Temporary Construction Easement The permanent pipeline and access road easement and temporary construction easement (Exhibit A) are located outside the area used for the Police Firing Range and old water reservoir site. The area is along a small drainage swale and is open space. The portion of the property in this area is very narrow and use of this portion of the property in the future is unlikely. The pipeline alignment will pass through an area of open grass land and will have minimal environmental impacts. The pipeline will be underground and the site restored/revegetated following construction. Permanent Access Road Easement The second easement(Exhibit B) requested by DWR involves an existing roadway located across City owned property on Stenner Creek Road above the City's water treatment plant. The property is the site of Reservoir No. 2 (7.5 million gallons), the hydroelectric facility and the old water treatment plant and residence. The roadway serves as access to the site as well as access to properties located further up the canyon. Property owners located up the canyon currently have permanent easements for ingress and egress along the roadway. Therefore, granting the requested easement will have no impacts to the City. Environmental Impacts A supplement to-the FEIR for the changes associated with Reach 5 was prepared by DWR. A public hearing was held in San Luis Obispo on November 17, 1994 for the supplement. A copy of the supplement is available in the Council reading file. The State certified the supplement to the FEIR on January 24, 1995. There has been a lawsuit filed against the State relative to the adequacy of the supplemental EIR. The State has requested that the City grant the easements at this time to avoid impacts to the construction schedule (see attachment 12). Staff from the State will be available to address questions from the Council or public. CONCURRENCE The Community Development Department has reviewed the draft supplement to the FEIR for the Coastal Branch and concurs with the findings. The Police Department concurs that the granting of the easement will have no impact on their use of the firing range property. i �11111�1I1pn4A ill City Of San L.AIS OBISPO COUNCIL AGENDA REPORT State Water Project Easements Page 3 FISCAL BIPACT The Department of Water Resources has prepared an appraisal summary statement for the easements and has offered $500 for each easement. DWR will pay all recording fees and other related costs associated with the easements. There are no other fiscal impacts relative to granting the easements. ALTERNATIVES The Council could decline DWR's request for the necessary easements. This would require the . state to initiate condemnation proceedings to acquire the easements. This may delay the acquisition of the easements but may increase staff time and related costs. Staff does not recommend this alternative. Attachments: 1. Vicinity Map for Easement Locations 2. Exhibit A: Permanent Pipeline Easement and Temporary Construction Easement Located on Police Firing Range Property 3. Exhibit B: Permanent Ingress and Egress Easement on Property Located on Stenner Creek Road 4. Resolution granting permanent pipeline and access road and temporary construction easement at Police Firing Range 5. Resolution granting permanent access road easement on Stenner Creek Road 6. Appraisal Summary Statement for Easement at Police Firing Range 7. Appraisal Summary Statement for Easement on Stenner Creek Road 8. Right of Way Contract for Easement at Police Firing Range .9. Right of Way Contract for Easement at Stenner Creek Road 10. Exclusive Easement form for Police Firing Range 11. Easement document for the Stenner Creek Road property 12. Letter from Department of Water Resources -3 .0iVow. 1*611"Pr��t I %a r IF MCI fop, LIE . Rum VICIAY MAP FOR EAiPMENTS FOR STATE WATER PROJECT lb If Ila j lylp to oll. As 'rut �N,Lj A 10 Lials Vaya% Tw-il-s % a ra— vm m s: 66, )ail .I EShmd'".- TARY oll, �N%I . t p pk:,, C.411114 It a.- a lip. li 1.11-ads I se• `--_.. I "'11,?� Nlq- Co Permanent Pipeline & Access A\ err fill I yy woldo mail Road Easement (Fox Hollow Road) \\1 36 C ash At, �j % ..) up I 'L day 70. coldernia Ilunil. 1.0"s Davy �* min 2ermanent Access Road EasementId .'i I, C,11 Ify % ''teirodo & .3 Loss, C, cc 5 J•0' Ilia I" ��z X 5"C' Cc P, P%ba an? I Sterner Creek Road Na, Corral 1292 • SG';;L i (-,la' AN its is -;2, -4p. • t, sy lie LUIS d9s �A I�L,, ridd_ Z 351 sic, on. BrIc 4 11,3 2 1 :,7 uno• mtrks Vol. IM%b 1300 a Its, scosie j go R,"-A I Z slo-�hQ4 at Ight 11 CY�Vsl 771 loan !e AIO J.: Art�1 ort atilil do -hf.2 V 11111thow •• sli de Car .6 ....... ..Z. HIIIA PTV tp ref Zi 1104fi its t 853 NMI C $14 Sow.\ 13' Li%M at I I.- C ol skohok -- -,.: I is F 141111" led, a' Light C .-arnou rs 20 !N 1. N)IJ V r Ii.-Inolan 29 g. Anuu, Ideal Ir -- 80 1 7< • ho k. le IN -rI h a'.. 4 am V�o Eon.uw" Mae a VA Room, offs urnort Sch 3 2,70 34 .151 Adorns wo, vn, polciall K it S %zo 4w "is hall as Is Ch Ic 120 45• :. Draw T 3. P..k-n -or, 14 11.111 A R R Grove Ity. sq. DE.- --a ?%I.Innon Z FTC-- 4�[O�t • - — Aq lea a- dC NO-M Dial. 019. re.Mp� lip. J 1iyl Kill L a r c c E c c E m U m a u+ Qa m a m w c ¢° m o m C M O U O E 0 M m � •� O W E w a m L n CL `o 2 a o CL X r �. O U C m L O W O d x C4 E a O a m � a 10 cr: ry r ,O`ell CD •o . o r C LL m/ U � o � i m � 1 m � � m 1 1 c 1 1 \ we i \ b.110 .r \ M' °"�z W \ D d I � I I EXHIBIT B NORTH �otZE w4r BM Stenner Creek Road J � — , a // � End of County-mai ed road. CITY PR PERTY O ; Access Road Easement O 0.51 acre O 13 t Stenner Creek Road Property RESOLUTION NO. (1995 Series) PERMANENT PIPELINE AND ACCESS ROAD EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT AT THE POLICE FIRING RANGE FOR THE STATE WATER PROJECT WHEREAS, the Department of Water Resources is constructing the Coastal Branch of the State Water Project to delivery water to agencies in San Luis Obispo and Santa Barbara Counties, and WHEREAS, the pipeline alignment has been modified to minimize construction problems and environmental impacts, and WHEREAS, the Department of Water Resources has requested a permanent pipeline and access road easement across a portion of City owned property currently used for the Police Firing Range, and WHEREAS, the Department of Water Resources has requested a temporary construction easement adjacent to the requested permanent easement, and WIEREAS, the Department-of Water Resources has offered the City the sum of $500 for the easements based on an appraisal of the property, and WHEREAS, the site will be restored and revegetated following construction activities, and WHEREAS, the City Council has reviewed and considered the supplement to the final f ' environmental impact report for the State Water Project which has been certified by the lead agency for the project (Department of Water Resources), and WHEREAS, the easements will not impact the City's existing uses at the property. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis Obispo does hereby grant the requested easements, as more fully described in attachment A, and authorizes the Mayor to execute the necessary documents relative to the easements. Resolution No. (1995 Series) Upon motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was adopted this day of , 1995. Mayor Allen Settle ATTEST: Diane Gladwell, City Clerk APPROVED: tto ey Attachment A 1. Construct, lay, operate, patrol, maintain, and from time to time at any time reconstruct, modify, alter, enlarge, add to, relay, remove, and replace one or more pipelines for transportation of water, with all fixtures, communications, data, or control facilities, and any other devices STATE may wish to construct or permit to be constructed, as well as incidents and appurtenances used or useful in operation of said pipeline, pipelines, and/or devices, and any other State Water Project uses necessary or useful. 2. STATE is further granted the right to discharge water into any and all streams or natural channels traversed by said pipeline or pipelines and the right of ingress to, egress from, and along the easement herein granted, over and across drives and roadways which now exist or which may hereafter be constructed and the use of which is reasonable to accomplish STATE's purposes. 3. STATE is further granted the right to drill wells for a water supply during construction of the State Water Project. These wells may also be used for revegetation and restoration of the construction area. GRANTORS shall not, subsequent to this grant of easement, grant any easements of any kind whatsoever to others over the following described parcel(s) without prior approval of STATE. There is expressly reserved to GRANTORS, their suecessors. or assigns, the right to use and enjoy the parcel(s) provided that no use of said parcel(s) shall be made that is inconsistent with the rights herein granted. Inconsistent uses include, but are not limited to: (1) The erection or construction of buildings or other structures; (2) Construction of roadways, utility crossings, and surface improvements not authorized by STATE; (3) The drilling, exploring, operation of mines or wells in or through the upper 300 feet of the subsurface; (4) The use of explosives; (5) Planting of trees or viieyards; (5) Cross fencing without access gates or the denial of access through gates; (7) Altering the ground surface elevation by more than one foot without authorization by STATE; (8) Installation of solid property or field dividers; (9) Encroachments of any kind not authorized by STATE; Said parcel(s) described as follows: DW`R 554-CP2H (1/13/94) Page 2 JUN 1 5 1994 COA-430 All those portions of the Northeast quarter of Section 25, Township 30 South, Range 12 East, Mount Diablo Meridian, County of San Luis Obispo, State of California, according to the Official Plat of the Survey of said lands approved by the Surveyor General on November 30, 1867, described as follows: All those portions of that certain parcel of land as described in Section VII of that certain deed to the City of San Luis Obispo, recorded December 6, 1910, in Book 87 of Deeds, Page 191, records of said County, described as follows: UNIT A A perpetual exclusive easement and right of way to construct, lay, operate, maintain, and from time to time at any time reconstruct, modify, alter, enlarge, add to, relay, remove, and replace one or more pipelines for transportation of water, and all fixtures, devices, incidents and appurtenances used or useful in operation of said pipeline or pipelines together with an exclusive access and service road easement over, through, under, and across that portion of said City of San Luis Obispo parcel bounded and described as follows: BEGINNING at a point lying in the Southeasterly line of said City of San Luis Obispo parcel, from which a found 1-1/2-inch iron pipe with wood plug and nail, accepted as marking the Northeast corner of said Section 25, bears North 78" 31' 25" East 1410.29 feet distant. Said 1-1/2 inch iron pipe bears South 01" 46' 54" West 5342.50 feet from a found'3-1.2 inch San Luis Obispo County brass cap monument stamped "No. 60 R.C.E. 1880", accepted as marking the Northeast corner of Section 24,. Township 30 South;; Range 13 East,: Mount Diablo Meridian. I=CE FROM SAID POINT OF. BEGINNING, along said Southeasterly line, South 34" 08' 35" West 92.77 feet to a point hereinafter referred to as Point "A"; thence leaving said Southeasterly line, North 69" 53' 54" West 99.26 feet to the Northwesterly line of said City of San Luis Obispo parcel; thence along said Northwesterly line North 330 23' 35" East 123.30 feet; thence leaving said Northwesterly line South 690 53' 54" East 100.93 feet to the Southeasterly line of said City of San Luis Obispo parcel; thence along said Southeasterly line South 340 08' 35" West 30.93 feet to the Point of Beginning. Containing 0.28 acre, more or less. UNIT B A temporary exclusive easement and right of way for the purpose of moving and/or maneuvering construction equipment and vehicles; the temporary storage of pipe, equipment, and materials necessary for laying a pipeline, together with the equipment used in the digging of trekches and other earthwork pertinent to said pipeline; the temporary storage of spoil or excavated material during the period of the laying, relaying, installing, and removing of said pipeline and related construction work, and any other operations necessary and appurtenant to the construction of said pipeline, over, through, and across that portion of said City of San Luis Obispo parcel bounded and described as follows: BEGINNING at the hereinabove designated Point "A"; thence along the Southeasterly line of said City of San Luis Obispo parcel South 34" 08' 35" West 123.70 feet; thence leaving said Southeasterly line North 69" 53' 540 West 84.95 feet; 3 IUK 1 5 1994 y-fa thence North 200 06' 06" East 53 . 53 feet to the Northwesterly line of said City of San Luis Obispo parcel; thence along said Northwesterly line North 330 23' 35" East 68.29 feet to the Southwesterly line of the hereinabove described UNIT A; thence along said Southwesterly line South 690 53' 54" East 99.26 feet to the Point of Beginning. Containing 0.26 acre, more cr less. Hearings and distances used in the above description are based on the California Coordinate System, Zone V, 1927. P. Z ) No. 5684 Exp. 9.30-95 �r�rf Of t►�tt���� 4 JN 1 5 1994 -! RESOLUTION NO. (1995 Series) PERMANENT ACCESS ROAD EASEMENT AT CITY PROPERTY LOCATED ONSTENNER CREEK ROAD FOR THE STATE WATER PROJECT WHEREAS, the Department of Water Resources is constructing the Coastal Branch of the State Water Project to delivery water to agencies in San Luis Obispo and Santa Barbara Counties, and WHEREAS, the Department of Water Resources. needs access across City owned property utilizing an existing road to construct and maintain the Coastal Branch of the State Water Project pipeline, and WHEREAS, the Department of Water Resources has requested a permanent access road easement across a portion of City owned property which currently serves as an access road to properties located in Stenner Canyon area, and WHEREAS, the Department of Water Resources has offered the City the sum of$500 for the easement, and WHEREAS, the site will be maintained and-repaired, if necessary, during and upon completion of construction work, and • WHEREAS, the City Council has reviewed and considered the supplement to the final environmental impact report for the State Water Project which has been certified by the lead E agency for the project (Department of Water Resources), and WHEREAS, the easements will not impact the City's existing uses at the property. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis Obispo does hereby grant the requested easement, as more fully described in Attachment 1, and authorizes..the Mayor to execute the necessary documents relative to the easements. Resolution No. (1995 Series) Upon motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was adopted this day of , 1995. Mayor Allen Settle ATTEST: Diane Gladwell, City Clerk APPROVED: � t i tto ey �-/3 DWRiRIGHT OF WAY ivUv Ly y4 140 . uur r' . u:, Attachment 1 COX-432 UNITS A and B A perpetual nonexclusive easement and right of way to construct, reconstruct, operate, maintain, and use an access and service road over, through, and across those portions of an existing 40.00 foot Ingress and Egress Easement described in PARCEL 3 of that certain deed recorded on January 3, 1984, in Volume 2554, Page 184, of the Official Records of said County, the centerline of which in shown and designated as CENTERLINE OP 40' WIDE ACCESS ROAD on that certain Record of Survey, filed for record on January 29, 1980, in the office of the county Recorder of San Luis Obispo, State of California, in Book 37 of Licensed Surveys, Page 27, lying in PARCELS A and B, as shown on said Record of Survey. Containing an area of 0.51 acre, more or lose. Pw R .c LyU % p P z No. 5684 Exp. 9.30.95 ��91E OF .CAt�E���? f 2 SEP 15 1974 y-/�( STATE OF CALIFORNIA THE DEPARTMENT OF WATER RESOURCES THE RESOURCES AGENCY APPRAISAL SUMMARY STATEMENT Parcel No.: COA-430 Report No.: Original Date: July 21, 1994 County: San Luis Obispo Division: San Joaquin Project: Coastal Branch, Phase II, Reach 4 Owner: City of San Luis Obispo, A Body Corporate and Politic Interest to be Acquired: Exclusive Pipeline and Access Road Easement Temporary Exclusive Construction Easement Property Location: Off Fox Hollow Road, Section 25, T.30S., R.12E. Zone: Public Facility Present Use: Public Facility Best Use: Public Facility Proposed Public Use: Water Pipeline Area to be Acquired: 0.28± acre Exclusive Pipeline and Access Road Easement 0.26± acre Temporary Exclusive Construction Easement Area of Remainder: 3.31 ± acres Market Value of Required Property: APN # 073-361-004 COA-430 Unit A: y Per Exclusive Pipeline and Access Road Easement' 0.28± acre @ $1,700/ac x 95% _ $452.00 Unit B: Temporary Exclusive Construction Easement 0.26± acre @ $12/ac/yr x 2.33 yrs = 7.00 Total $459.00 Rounded To $500.00 The market value of the property rights being purchased is based upon a market value appraisal prepared in accordance with accepted appraisal procedures. Valuation of your property is based upon an analysis of. recent sales of similar property in this locality. Valuation of the land recognizes all factors influencing its current value. Damages to the Remaining Property Due'to the State's Acquisition and Construction are: Total Payment is: $500.00 This summary of the amount offered as compensation is presented in compliance with federal and State law and has been derived from a formal appraisal. The value of any property rights retained by the owner which are not now reflected in the appraisal must be-deducted from the market value shown above. y- !S -STATE OF CALIFORNIA E DEPARTMENT OF.WATER RESOURC THE RESOURCES AGENCY APPRAISAL SUMMARY STATEMENT Parcel No.: COA-432 Report No.: Original Date: November 15, 1994 County: San Luis Obispo Division: San Joaquin Project: Coastal Branch, Phase II, Reach 5A Owner: City of San Luis Obispo Interest to be Acquired: Non-Exclusive Access Road Easement Property Location: Stenner Creek Road, Section 10, T.30S., R.12E., M.D.M. Zone: Government/Miscellaneous/Agriculture Present Use: Government Best Use: Government Proposed Public Use: Water Pipeline Area to be Acquired: 0.51 ± acre Non-Exclusive Access Road Easement Area of Remainder: 20.8 t acres Market Value of Required Property: APN # 073-281-004, 006 and 007 COA- 432 Unit A: Non-Exclusive Permanent Access Road Easement 0.50± acre @ $1,700/ac x 30% _ $255.00 Unit B: Non-Exclusive Permanent Access Road Easement 0.01 ± acre @ $1,700/ac x 30% = $ 5.00 Total $260.00 Rounded To $500.00 The market value of the property rights being purchased is based upon a market value appraisal prepared in accordance with accepted appraisal procedures. Valuation of your property is based upon an analysis of recent sales of similar property in this locality. Valuation of the land recognizes all factors influencing its current value. Damages to the Remaining Property Due to the State's. Acquisition and Construction are: -0- Total Payment is: $500.00 This summary of the amount offered as compensation is presented in compliance with federal and State law and has been derived from a formal appraisal. The value of any property rights retained by the owner which are not now reflected in the appraisal must be deducted from the market value shown above. STATE OF CALIFORNIA DEPARTMENT OF WATER AESOURCEP THE RESOURCES AGENCY California Project: Coastal Branch, Phase II 1 g_ Parcel No.: COA-430 City of San Luis Obispo. W.O. (DWR): 5653-8004 A Body Corporate and Politic Grantor RIGHT OF WAY CONTRACT Document No. COA-430 in the form of an Exclusive Easement Deed covering that certain property in the County of San Luis Obispo been executed and delivered to Marie I. Gargas, Associate Land Agent for the State of California. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: 1. Parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the State of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. 2. The State shall: a. Pay the sum of $500.00 plus interest as shown in Paragraph 5 below for the property described in said document to the following title company: Fidelity National Title Insurance Company, 3700 State Street, Santa Barbara, CA 93105 for the account of the Grantor, Escrow No. 52824 conditioned upon the property vesting in the State of California free and clear of all liens, leases, encumbrances, easements (recorded and/or unrecorded), assessments, and taxes, except: (1) Taxes for the fiscal year in which this escrow closes, a portion of which may be collectible against the Grantor as provided by Section 4986 of the Revenue and Taxation Code. (2) Covenants; conditions, restrictions and reservations of record, if any, which would not detrimentally interfere with State's proposed use of said property. (3) Easements or rights of way for public utilities, if any. b. Pay all expenses incidental to and necessarily incurred for the conveyance of the real property to the State, including but not limited to recording fees, title insurance charges, reconveyance fees, trustee's fees, forwarding fees and prepayment penalties, limited to 1 percent of the compensation due under this transaction, for any full reconveyance of deed of trust or full release of mortgage. + 3. Said title company may expend any or all monies payable under this agreement to discharge any obligations which are liens upon the property, including but not limited to those arising from judgments, assessments, delinquent taxes for other than the fiscal year referred to in Paragraph 2a0), or debts secured by deeds of trust or mortgages, except those Items listed in Paragraph 2a hereof, and/or to defray any other incidental costs other than those specified in Paragraph 2b hereof to be borne by the State. 4. Title to said property shall pass immediately upon close of escrow. The issuance of any escrow instructions shall be the sole responsibility of the State. 5. It is agreed that State shall have immediate possession and use of the subject lands effective as of the date this contract is signed. The Temporary Construction Easement shall remain in effect for the subsequent 28 months from the date this contract is signed. Compensation as set forth in DWR 995 (Rev. 8/94) Page 1 of 3 ?. Clause 2a herein, shall accrue simple annual interest at the State's Pooled Money Investment Account Rate (as computed by the State Controller) from the date of possession until a warrant is issued by the State Controller to the escrow account. 6. Grantor warrants that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and the Grantor further agrees to hold the State harmless and reimburse the State for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of the Grantor for a period exceeding one month, except as may be otherwise provided herein. 7. Grantor hereby agrees and consents to the dismissal of any action in eminent domain by the State as to the subject property or any portion hereof, and Grantor also waives all claims to any monies deposited in the Superior Court or in the State Treasury in said action. 8. To the best of Grantor's knowledge and after reasonable inquiry, Grantors represent and warrant the following: During the Grantor's ownership of the property, there have been no disposal, releases, or threatened releases of hazardous substances on, from, or under the property. The Grantor further represents and warrants that the Grantor has no knowledge of disposal, release, or threatened release of hazardous substances on, from, or under the property which may have occurred prior to Grantor taking title to the property. There is no pending claim, lawsuit, agency proceeding, or any administrative challenge concerning the presence or use of hazardous substances on the property. The Grantor has not used the property for any industrial operations that use hazardous substances. The seller is not aware of any such prior use of the property. The Grantor has not installed any underground storage tanks, aboveground storage tanks, barrels, sumps, impoundments or other containers used to contain hazardous substances on any part of the property. The Grantor is not aware of any such prior installations. For the purposes of this paragraph, the term "hazardous substances" shall mean any substance which at any time shall be listed as "hazardous" or "toxic" in the regulations implementing the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 USC H6901, at seq.), or other federal or State law, or any other substance, chemical, material or waste product whose presence, nature or quality is potentially injurious to the public health, safety, welfare, the environment or the property. The term "reasonable inquiry' shall mean a thorough examination of the property and all records of the property, and any examination that Grantor was legally obligated to conduct as a result of any judicial or administrative order, or federal or State law. The acquisition price of the property being acquired reflects the fair market value of the property without the presence of hazardous substances. If the property being acquired is found to be contaminated by a hazardous substance which may require remediation under federal or State law, the State may elect to recover its clean-up costs from those whotcaused or contributed to the contamination. The foregoing representations and warranties shall survive the close of escrow and shall remain in full force and effect for the duration of this easement and shall accrue for the benefit of the Grantee and its successors and assigns. 9. Grantor agrees to allow State to drill any required water wells within State's right of way, and to pump water to be used for construction purposes. Upon completion of construction and revegetation, State shall cap and fill all water wells and remove State's pumps, motors, and power supply. ' Upon written request from Grantor, State shall relinquish the wells, less pumps, motors, and power supply, to Grantor for Grantor's own use. Grantor shall accept all responsibility for the use, operation, and maintenance of the wells and for properly sealing them upon abandonment. DWR 995 (Rev. 8/94) Page 2 of 3 H—W In consideration, Grantor agrees to indemnify and hold harmless the State, its contractors and agents against any and all loss, cost, claim damage, liability for injury to person or property (including, without limitation, reasonable attorneys' and accountants' fees, costs of suit and costs of appeal) incurred in connection with or arising out of any civil or criminal claim, action, suit or proceeding filed or threatened, incident to or arising out of the construction, repair, use or maintenance of well(s) transferred to Grantor. It is agreed by all parties hereto that the State gives no assurances of any kind or nature that a water well will be drilled on Grantor's ownership nor that a reliable water supply will be derived from any well drilled on Grantor's ownership. 10. It is understood and agreed between the parties hereto that only after the pipeline has been constructed, State's use of the easement shall be restricted to the uses and purposes of the State Water Project, and to the construction, operation, and maintenance of the pipeline with its appurtenances. Such easement shall not be for public use. NO OBLIGATION OTHER THANTHOSE SET FORTH HEREIN SHALL BE RECOGNIZED. IN WITNESS WHEREOF, the parties have executed this contract. GRANTOR, City of San Luis Obispo, A Body Corporate and Politic John Moss Date: DEPARTMENT OF WATER RESOURCES RECOMMENDED FOR APPROVAL: APPROVED: ► By:► Marie I. Gargas Associate.Land Agent James P. Schindler Title Senior Land Agent E ► Date: Veronica G. Hicks Chief, Real Estate Branch DWR 995 (Rev. 8/94) Page 3 of 3 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: DEPAR77V= OF WATER RESOURCES Division of Lend and Right of Way Real Estate Branch 1416 9th Street, Room 431 Sacramento, California 95814 SPACE ABOVE THIS LINE FOR RECORDER'S USE - EXCLUSIVE EASEMENT Project Coastal Agueduct (CORPORATION TO THE STATE) Parcel No. COA-430 S-9A-84 CITY OF SAN LUIS OBISPO, A BODY CORPORATE AND POLITT a corporation, organized and existing under the laws of the Slate of , hereinafter called GRANTOR, GRANTS to the State of California, its successors and assigns, hereinafter called STATE, an exclusive easement and right of way.for.State Water Project purposes over, on, under, across, and above the parcel(s) of land in the City of , County of , State of California, identified in the records of the Department of Water Resources as. DWR Parcel No. Area State COA-430 Unit A 0. 28 acre Permanent Exclusive Pipeline and Access Road Easement CTIA-430 Unit B 0. 26 acre Temporary Exclusive Construction Easement f described as follows: (In the event of any discrepancy between the above identification and the real property described herein, the real property described will control.) Including, but not limited to, the right to: DWR 554A-CP(9/29/92) Page 1 N 1 5 1994 �� 1. Construct, lay, operate, patrol, maintain, and from time to time at any time reconstruct, modify, alter, enlarge, add to, relay, remove, and replace one or more pipelines for transportation of water, with all fixtures, communications, data, or control facilities, and any other devices STATE may wish to construct or permit to be constructed, as well as incidents and appurtenances used or useful in operation of said pipeline, pipelines, and/or devices, and any other State Water Project uses necessary or useful. 2. STATE is further granted the right to discharge water into any and all streams or natural channels traversed by said pipeline or pipelines and the right of ingress to, egress from, and along the easement herein grantad, over and across drives and roadways which now exist or which may hereafter be constructed and the use of which is reasonable to accomplish STATE's purposes. 3. STATE is further granted the right to drill wells for a water supply during construction of the State Water Project. These wells may also be used for revegetation and restoration of the construction area. GRANTORS shall not, subsequent to this grant of easement, grant any easements of any kind whatsoever to others over the_ following described parcel(s) without prior approval of STATE. There is expressly reserved to GRANTORS, siaccesaose or 'assigns, the right to use and enjoy the parcels) provided that no use of said parcel(s) shall be made that is inconsistent with the rights herein granted. Inconsistent uses include, but are not limited to: (1) The erection cr construction of buildings or other structures; (2) Construction of roadways, utility crossings, and surface improvements not authorized by STATE; (3) The drilling, exploring, operation of mines or wells in or through the upper 300 feet of the subsurface; (4) The use of explosives; (5) Planting of trees or vineyards; (6) .Cross fencing without access gates or the denial of access through gates; (7) Altering the ground surface elevation by more than one foot without authorization by STATE; } (8) Installation of solid property or field di'vide'rs; (9) Encroachments of any kind not authorized by STATE; Said parcel(s) described as follows: i DW`R 554-CP28 (1/13/94) Page 2 t9ti 1 5 1 A y"gl COA-430 All those portions of the Northeast quarter of Section 25, Township 30 South, Range 12 East, Mount Diablo Meridian, County of San Luis Obispo, State of California, according to the Official Plat of the Survey of said lands approved by the Surveyor General on November 30, 1867, described as follows: All those portions of that certain parcel of land as described in Section VII of that certain deed to the City of San Luis Obispo, recorded December 6, 1910, in Book 87 of Deeds, Page 191, records of said County, described as follows: UNIT A A perpetual exclusive easement and right of way to construct, lay, operate, maintain, and from time to time at any time reconstruct, modify, alter, enlarge, add to, relay, remove, and replace one or more pipelines for transportation of water, and all fixtures, devices, incidents and appurtenances used or useful in operation of said pipeline or pipelines together with an exclusive access and service road easement over, through, under, and across that portion of said. City of San Luis Obispo parcel bounded and described as follows: BEGINNING at a point lying in the Southeasterly line of said City of San Luis Obispo parcel, from which a found 1-1/2-inch iron pipe with wood plug and nail, accepted as marking the Northeast corner of said Section 25, bears North 78" 31' 25" East 1410.29 feet distant. Said 1-1/2 inch iron pipe bears South 01" 46' 54" West 5342.50 feet from a found'3-1.2 inch San Luis Obispo County brass cap monument stamped "No. 60 R.C.E. 18800, accepted as marking the Northeast cornea of. Section 24,: Township 30. South,::Range. 13 East, .Mount Diablo Meridian. TIEENCE FROM SAID POINT OF BEG11MING, along said Southeasterly line, South 340 08' 35" West 92.77 feet to a point hereinafter referred to as Point "A"; thence leaving said Southeasterly line, North 699 53' 54" West 99.26 feet to the Northwesterly line of said City of San Luis Obispo parcel; thence along said Northwesterly line North 336 23' 35" East 123.30 feet; thence leaving said Northwesterly line South 69" 53' 54" East 100.93 feet to the Southeasterly line of said City of San Luis Obispo parcel; thence along said Southeasterly line South 340 08' 35" West 30.93 feet to the Point of Beginning. Containing 0.28 acre, more or less. UNIT B A temporary exclusive easement and right of way for the purpose of moving and/or maneuvering construction equipment and vehicles; the temporary storage of pipe, equipment, and materials necessary for layiag a pipeline, together with the equipment used in the digging of trenches and other earthwork pertinent to said pipeline; the temporary storage of spoil or excavated material during the period of the laying, relaying, installing, and removing of said pipeline and related construction work, and any other operations necessary and appurtenant to the construction of said pipeline, over, through, and across that portion of said City of San Luis Obispo parcel bounded and described as follows: BEGnWING at the hereiaabova designated Point "A"; thence along the Southeasterly line of said City of San Luis Obispo parcel South 34" 08' 35" West 123.70 feet; thence leaving said Southeasterly line North 69" 53' S4" West 84.95 feet; 3 �� 1 5 1994 }� thence North 200 06' 06" East 53.53 feet to the Northwesterly line of said City of San Luis Obispo parcel; thence along said Northwesterly line North 330 23' 35" East 68.29 feet to the Southwesterly line of the hereinabove described UNIT A; thence along said Southwesterly line South 690 53' 54'• East 99.26 feet to the Point of. Beginning. Containing 0.26 acre, more or less. Bearings and distances used in the above description are based on the California Coordinate System, Zone V, 1927. 9�0 &A Z 09 No. 5684 Exp. 9-30-9S Of 4 l� 1 5 1994 �'�' RECORDING REQUESTED BY WHEN RECORDED MAIL TO: DEPARTMENT OF WATER RESOURCES Division of Land and Right of Way Real Estate Branch 1416 9th Street, Room 431 Sacramento, California 95814 SPACE ABOVE THIS LINE FOR RECORDER'S USE — EASEMENT Project COASTAL AQUEDUCT (TO THE STATE) Parcel No, COA-432 S-9A-82-1 WE CITY OF SAN LUIS OBISPO (11 We) --— GRANT to the State of California an EASEMENT for " access and. service road and other. rights- as described herein upon, over and across that certain real property in the. , County of San Luis Obispo , State of California, identified in the records of the Department of Water Resources as: DWR Parcel No. Area Fstate _ COA-432. UNIT A 0.50 acre Nonexclusive Access Road Easement t COA-432, UNIT B 0.01 acre Nonexclusive Access Road Easement (In the event of any discrepancy between the above identification and the real property described herein, the real property described will control.) DWR 550-CP(Rev. 1/92) Page 1 4-911 15 1994 COA-432 UNITS A and B A perpetual nonexclusive easement and right of way to construct, reconstruct, operate, maintain, and use an access and service road over, through, and across those portions of an existing 40.00 foot Ingress and Egress Easement described in PARCEL 3 of that certain deed recorded on January 3, 1984, in Volume 2554, Page 184, of the Official Records of said County, the centerline of which is shown and designated as CENTERLINE OF 40' WIDE ACCESS ROAD on that certain Record of Survey, filed for record on January 29, 1980, in the Office of the County Recorder of San Luis Obispo, State of California, in Book 37 of Licensed Surveys, Page 27, lying in PARCELS A and B, as shown on said Record of Survey. Containing an area of 0.51 acre, more or less. P. y Z 9 0 • No. 5684 Exp..9.30-95 .. Of CA'.14e4�� Y t 2 'P 1 5 1994 Exacted on Signed and delivered in the presmee of MAYOR, CITY OF SAN LUIS OBISPO SUBSCRIBING WITNESS GRANTOR(S) STATE OF CALIFORNIA County of SS. STATE OF CALIFORNIA On before me,the un ersigned, County of SS. a Notary Public in and for said State,personally appeared ,personally known to me On ,•19_,before me, to be the person whose name is subscribed to the within instrument, pexaonally appeared as a whoeas thereto,who,being by me duly sworn,deposes and says: personally known to me(or proved to me an the basis of That this witoaas maides in satisfactory evidence)to be the person(s)whose nane(s) and that said witness was present and saw istam subun'bed to the within inane mm and acknowledged peraonally known to said to me that he/she/tbey executed the same in his/huhheir witness to be the same person described in,and whose name is mWtoriud capacity(res),and that by his/her/their signaturc(s) subscribed to the within and annexed instrument as a party an the i=mmem the peraon(s),or the @miry upon behalf of thereto,execute and deliver the same,and that affiant subscribed which the persons)acted,executed*a imminent. his/her owns m the within instsumeat as Witmem. WITNESS my hand and official seal. WITNESS my band and official seal. NOTARY PUBLIC IN AND FOR THE STATE OF CALIFORNIA NOTARY PUBLIC IN AND FOR THE STATE OF CALIFORNIA (S� (Sea!) (CERTIFICATE OF ACCEPTANCE, GOVERMENT CODE, SECTION 27281) This L To Certify,That the State of California,grantee herein,acting by and through the Depaetmem of Water Resources,hereby accepts for public purposes the real property,orinterest therein,desenbcd in the within deed and conwau to the recordation thereof. E IN WITNESS WHEREOF,1 have hereunto act my hand this day of 19 Director of Water Resources By Attorney in Fact DWR 55"PPage 3 (Rev 12/92) W On 4 c tnna STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURC' THE RESOURCES AGENCY California Project: Coastal Branch, Phase II 19_ Parcel No.: COA-432 City of San Luis Obispo W.O. (DWR): 5653-8005 Grantor RIGHT OF WAY CONTRACT Document No. COA-432 in the form of an Exclusive Easement Deed covering that certain property in the County of San Luis Obispo has been executed and delivered to Marie I. Gargas, Associate Land Agent for the State of California. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: 1. Parties have herein set forth the whole of their agreement. ,The performance of this agreement constitutes the entire consideration for said document and shall relieve the State of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. 2. The State shall: a. Pay the sum of $500.00 plus interest as shown in Paragraph 5 below for the property described in said document to the following title company: Cuesta Title Guaranty Company, 733 Marsh Street, San Luis Obispo, California 93401 for the account of the Grantor, Escrow No. 58614 conditioned upon the property vesting in the State of California free and clear of all liens, leases, encumbrances, easements (recorded and/or unrecorded.), assessments, and taxes, except: (1) Taxes for the fiscal year inwhich this escrow closes, a portion of which may be collectible against the Grantor as provided by Section 4986 of-the Revenue and Taxation Code. (2) Covenants, conditions, restrictions and reservations of record, if any, which would not detrimentally interfere with State's proposed use of said property. (3) Easements or rights of way for public utilities, if any. b. Pay all expenses incidental to and necessarily incurred for the conveyance of the real property to the State, including but not limited to recording fees, title insurance charges, reconveyance fees, trustee's fees, forwarding fees and prepayment penalties for any full reconveyance of deed of trust or full release of mortgage. f 3. Said title company may expend any or all monies payable under this agreement to discharge any obligations which are liens upon the property, including but not limited to those arising from judgments, assessments, delinquent taxes for other than the fiscal year referred to in Paragraph 2a(1), or debts secured by deeds of trust or mortgages, except those Items listed in Paragraph 2a hereof, and/or to defray any other incidental costs other than those specified in Paragraph 2b hereof to be borne by the State. 4. Title to said property shall pass immediately upon close of escrow. The issuance of any escrow instructions shall be the sole responsibility of the State. DWR 995 (Rev. 8/94) Page 1 of 3 L{- 5. It is agreed that State shall have immediate possession and use of the subject lands effective as of the date this contract is signed. Compensation as set forth in Clause 2a herein, shall accrue simple annual interest at the State's Pooled Money Investment Account Rate (as computed by the State Controller) from the date of possession until a warrant is issued by the State Controller to the escrow account. 6. Grantor warrants that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and the Grantor further agrees to hold the State harmless and reimburse the State for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of the Grantor for a period exceeding one month, except as may be otherwise provided herein. 7. Grantor hereby agrees and consents to the dismissal of any action in eminent domain by the State as to the subject property or any portion hereof, and Grantor also waives all claims to any monies deposited in the Superior Court or in the State Treasury in said action. 8. To the best of Grantor's knowledge and after reasonable inquiry, Grantors represent and warrant the following: During the Grantor's ownership of the property, there have been no disposal, releases, or threatened releases of hazardous substances on, from, or under the property. The Grantor further represents and warrants that the Grantor has no knowledge of disposal, release, or threatened release of hazardous substances on, from, or under the property which may have occurred prior to Grantor taking title to the property. There is no pending claim, lawsuit, agency proceeding, or any administrative challenge concerning the presence or use of hazardous substances on the property. The Grantor has not used the property for any industrial operations that use hazardous substances. The seller is not-aware of'any such prior use of the property. The Grantor has not installed any underground storage tanks, aboveground storage tanks, barrels, sumps, impoundments or other containers used to contain hazardous substances on any part of the property. The Grantor is not aware of any such prior installations. For the purposes of this paragraph, the term "hazardous substances" shall mean any substance which at any time shall be listed as "hazardous" or "toxic" in the regulations implementing the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 USC §§6901, et seq.), or other federal or State law, or any other substance, chemical, material or waste product whose presence, nature or quality is potentially injurious to the public health, safety, welfare, the environment or the property. The term "reasonable inquiry" shall mean a thorough examination of the property and all records of the property, and any examination that Grantor was legally obligated to conduct as a result of any judicial or administrative order, or federal or State law. The acquisition price of the property being acquired reflects the fair market value of the property without the presence of hazardous substances. If the property bping acquired is found to be contaminated by a hazardous substance which may require remediation under federal or State law, the State may elect to recover its clean-up costs from those who caused or contributed to the contamination. The foregoing representations and warranties shall survive the close of escrow and shall remain in full force and effect for the duration of this easement and shall accrue for the benefit of the Grantee and its successors and assigns. 9. It is understood and agreed between.the parties hereto that only after the pipeline has been constructed, State's use of the easement shall be restricted to the uses and purposes of the State Water Project, and to the construction, operation, and maintenance of the pipeline with its appurtenances. Such easement shall not be for public use. DWR 996 (Rev. 8/94) Page 2 of 3 4—A NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN SHALL BE RECOGNIZED. IN WITNESS WHEREOF, the parties have executed this contract. GRANTOR Mayor, City of San Luis Obispo Date: DEPARTMENT OF WATER RESOURCES RECOMMENDED FOR APPROVAL: APPROVED: ► By:► Marie I. Gargas Associate Land Agent James P. Schindler Title Senior Land Agent ► Date: Veronica G. Hicks Chief, Real Estate Branch DWR 995 (Rev. 8/94) Page 3 of 3 UW.X/KibHI UI- WHY IU :%J1b-b54-U(.Stt HF'K 14 "95 1b :U9 NO .UlU VX2 STATE OF CAUFORMIA-7HE RESOURCES AOFN. PETE WILSON, Govemw DEPARTMENT OF WATER RESOURCES TA16 NINTH STREET, P.O. BOX 912836 u SACRAMENTO, CA 9t23"Wl 16) 651.991 April 14, 1995 Attachment 12 Mr. Gary Henderson c/o Public Works Department City of San Luis Obispo 955 Morrow Street San Luis Obispo, California 93401 Dear Mr. Henderson: As per your request, you may consider this letter formal notice that the Department of Water Resources desires a decision from the City Council regarding the acquisition of easements necessary for the Coastal Branch Phase II Pipeline Project. The easements would traverse City property identified as APN# 073- 281-004, 006, and 007 (COA-432) , and APN# 073-361-004 (COA-430) . The Coastal Branch Phase II Pipeline Project is rapidly approaching fruition. However, it is absolutely essential that property rights are acquired in a timely manner to preserve the integrity of our construction schedule. Our Advertising Date for construction in this area is April 14 1995. The contractor' s Notice to Proceed Date is June 5 1995. Consequently, we have little time left to acquire these property rights necessary to facilitate construction. On December 7, 1994, we extended offers for the above mentioned easements. We understand no decision was made because the City had chosen to defer addressing this issue until the necessary requirements under CEQA had been fulfilled and any outstanding challenges to our Final Supplemental Environmental Impact Report had been resolved. We feel we have met all requirements under CEQA and we are cleared environmentally to begin construction. As a result, we request that these easement acquisitions be placed on your agenda for the May 2, 1995 City Council Meeting. Staff members Jerry Ripperda (Environmental Specialist) , David Sandino (Legal Counsel) , and Marie Gargas (Right of Way) will be available at the meeting to address any questions the Council or the public may pose regarding project environmental concerns. If you have any questions, please call Marie Gargas of our Right of Way Staff at (916) 653-7570 or toll free 1-800-600-4DWR. Sincerely, Don Kurosaka Coastal Branch Project Manager J —36 MEF IkI G AGENDA DATA--JO-6214 ITEM # ....................... ....... ... ......... ............. .. ......... ........... MEMO.RANCiUM:...:. :.....:.:.:.::...:... .. .............. .. .. .... .. ... .... .... ..... .............. ....... ... ........... . ..... ..... . . .. .. .. April 27, 1995 TO: John Dunn, City Administrative Officer VIA: John Moss, Utilities Director PM FROM: Gary Henderson, Water Division Manager 4wi-k SUBJECT: Agenda Item for May 2" Council Meeting I would like to request that the business item on the May 2, 1995 agenda concerning the State Water Project Easements be pulled and continued to a date uncertain. The Department of Water Resources (DWR) requested in a letter dated April 14, 1995, that the item be placed on the May 2 agenda. I received a call from the DWR this morning involving the easements which results in the need to continue consideration of the item to a future date.. DWR staff have informed us that erosion problems due to the winter storms has resulted in a modification to the alignment of the pipeline near Highway 101. This modification will result in an adjustment to the alignment through the City property (Police Firing Range) where one of the easements is requested. This will require modification of the legal description for the easement which has not been completed by DWR. Since the information is not available at this time, the Council can not take action on approval of this particular easement and staff recommends continuing; the item to a future meeting which would allow consideration of both easements at the same time. If you have any questions or concerns, please contact me at extension 237. c: Jeff Jorgensen Glen Matteson COUNCIL AO 0 COD DIR 0 FIN :N DIR D DIR H COUNCIL CIL 0 C)] 0 N CACAO " Fi DIR 0 0 FIRE CHIEF SMTORNEY CLERW PW DIR El PW DIR Ly CLERWAIG )LI CH (;MT T� POLICE F -RECEIVED 0 MG M 0 POLICE CHF 0 0 C IL C Din C E ;XC DIFRI UTIL D FILE T L I APR 2 1") 1995 1 U I DIR 11 :3 PERS Din CITY CLERK SAN LUIS OBISPO.CA