HomeMy WebLinkAbout10/19/1999, C10 - AGREEMENT TO TERMINATE CITY OBLIGATION TO SERVE WATER TO PROPERTY ON OLD STAGE COACH ROAD. council to -1q -91
j agcnaa Report ]CIO
CITY OF SAN LUIS OBISPO
FROM: John Moss, Utilities Director
Prepared By: Dave Pierce,Water Projects Manager
SUBJECT: AGREEMENT TO TERMINATE CITY OBLIGATION TO SERVE
WATER TO PROPERTY ON OLD STAGE COACH ROAD.
CAO RECOMMENDATION
Approve an agreement with J. Dennis Ahearn and Sandra D. Ahearn in the amount of$10,000.00
for discontinuance of water service,transfer of water rights and conveyance of real property.
DISCUSSION
This agreement is a component of the project to terminate the City's obligations to provide free
water to certain properties from the Hansen & Gularte Creeks Pipeline. Since 1912, the City has
been responsible to provide water to property on Old Stage Coach Road that is currently owned by
Mr. and Mrs. Ahearn. Water is provided without charge as a condition of the agreement granting to
the City the right to construct diversion structures and pipelines to deliver water from that property
for use in the City of San Luis Obispo. Since the storms of 1995, portions of the delivery system
have been out of operation and water has been hauled by truck to meet domestic needs at the
Ahearn property. The City has replaced the two diversion structures and repaired water lines to
provide the water required by the 1912 deed. The cost of these repairs and the hauling of water is
being reimbursed by FEMA.
The deed signed in 1912 provided the City with:
1. A 3/acre parcel to be used as a part of a reservoir on San Luis Obispo Creek.
2. Rights to the waters crossing the property.
3. Easements for the construction and maintenance of diversion structures and pipelines.
In exchange the property owner received
1. $5,250.00
2. Water without charge from the City pipehrreim two houses, gardens and cattle troughs.
The City no longer has any use for the diversion structures and pipeline. Since the water has not
been used within the City for more than 20 years, the City has lost the legal right to use the water
within the City. The new agreement will return. to the property owner the City's interests in the
water system and will terminate the City's obligation to provide water at this site.
Specifically the agreement will:
1. Quitclaim any rights that the City may have to the waters crossing this property. These
rights are limited to serving the property owned by the Aheams.
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Council Agenda Report-Hansen-Gularte Water System
Page 2
2. Quitclaim the easements for construction and maintenance. of the diversions and
pipelines.
3. Quitclaim any interest in the diversions and pipelines.
4. Pay $10,000.00 for future costs associated with operation and maintenance of the
private system.
In exchange the City will be released from any obligation to:
1. Provide water to this site.
2. Operate or maintain the diversions and pipeline.
FISCAL E"ACT
Proposed payment to owner for operation and maintenance of the water system is $10,000.00.
Funding for this project is available in the Hansen-Gularte Waterline Project account. There was a
balance of$80,424 at the beginning of the year. $27,600 has been charged to this account leaving
sufficient fimding to complete the project. This is a portion of the Hansen and Gularte Waterline
Abandonment CIP project(1995-97 Financial Plan,Appendix B pages 32 and 33).
Remaining phases to be completed:
• Complete well development(Miossi) 15,000.00
ALTERNATIVES
Other options to meet the City's obligation to provide water to the Ahearn property include:
(a) continuing to operate and maintain the diversion structures and pipelines plus add
treatment for all water delivered for domestic use so that it meets State Department of
Health Service requirements,or
(b) maintaining the existing diversions and pipelines to provide water for cattle and gardens
and trucking potable water for domestic use at two houses.
Neither of these alternatives is recommended as it would not satisfy the City's goal of eliminating
the legal obligation to serve water to this property as described, and the annual and ongoing
operations and maintenance costs would far exceed the cost of the recommended action.
AT TACEMENTS
Agreement
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Utilities Department
CITY OF SAN LUIS OBISPO
990 Palm Street
San Luis Obispo, CA 93401
APN: 070-241-017 &070-241-018
THIS SPACE RESERVED FOR RECORDER ONLY
(Gov.Code§27361.6)
AGREEMENT FOR DISCONTINUANCE OF WATER SERVICE,
TRANSFER OF WATER RIGHTS AND CONVEYANCE OF REAL PROPERTY
and
QUITCLAIM DEED
This agreement is entered into this day of , 1999,by and between
J. Dennis Ahearn and Sandra D. Ahearn, hereafter referred to as "Owner", and the City of San
Luis Obispo, a chartered municipal corporation, hereafter referred to as "City",collectively
referred to as "Parties".
Parcel 1 of the property transferred from Josephine Garcia Avila to J. Dennis Ahearn and
Sandra D.Ahearn, husband and wife, as community property on December 23, 1977 by Grant
Deed recorded in volume 2050 on page 274 of Official Records of San Luis Obispo County, CA,
and identified by assessors parcel numbers 070-241-017&070-241-018 is hereinafter referred
to as "Subject Parcel".
Water has been supplied by the City to the Subject Parcel from the Hansen-Gularte
Pipeline,as stipulated in the Indenture signed November 18, 1912, recorded in volume 95 on
page 277 of Deeds, at the San Luis Obispo County Recorders Office.
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 existing water system consisting of springs,
spring boxes and pipelines all of which are on Subject Parcel. The City shall have no further
responsibility for that water system and shall have no further right of access for maintenance of
that system.
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2. The City quitclaims, to the Owner, the rights of way and easement to lay and maintain
pipeline as described 3rd in that certain deed recorded at Vol. 95, page 277 et seq of Deeds.
3. The City quitclaims, to Owner All the right, title and interest of the City of San Luis
Obispo in, of and to the waters of the San Luis Obispo Creek, the Axel Hanson Creek and all
tributary, or other streams and creeks flowing on, under,to and across the two hundred and
eighty (280) acre tract described in that certain deed recorded at Vol. 95, page 277 et seq of
Deeds. These rights specifically include any water rights associated with the diversions that were
installed before 1914 to appropriate water. City also agrees not to contest or object to the use of
said Water Rights on the Subject Parcel, or elsewhere,by Owner or their successors and assigns.
City also agrees to execute all future documents necessary to confirm said transfer/
relinquishment of the Water Rights to Owner under this Agreement. The Parties agree and
acknowledge that the City provides no warranty or representation with respect to the quality or
quantity of the Water Rights quitclaimed to Owner by this Agreement.
4. This deed shall in no way be construed to limit the water rights,riparian, appropriative,
or otherwise,retained by the grantors in that certain deed recorded at Vol. 95,page 277 et seq of
Deeds and passed by chain of title to Grantee of this deed.
5. The Owner acknowledges receipt of the sum of$10,000.00 as compensation for future
costs of maintenance,upkeep and replacement of the water supply system.
6. In consideration for the City's quitclaim to the existing water system and water rights
and the specified cash payment,the Owner agrees that the City will have no further obligation to
provide water to the Subject Parcel. The maintenance,upkeep or replacement of the water
system is the responsibility of the Owner.
7. 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.
8. 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.
9. This agreement shall be binding on the heirs,executors, administrators, successors,
agents, lessees and assigns of the respective parties.
10. 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.
11. The City shall record this agreement and shall be responsible for any recording costs.
2 C10-4
IN WITNESS WIiEREOF, the parties have hereunto set their hands the day and year
fust entered above, at San Luis Obispo, California.
CITY OF SAN LUIS OBISPO RS:
BY:
Mayor Allen K. Settle J. De Ahearn Mayor Allen K ettle
ATTEST:
Sandra D. Ahearn
City Clerk
JACQUELEEN M.E
Commission#1; 'Q 3 C
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APPROVED AS TO FORM: son Luk Obispo Co :-y
My Comm.Expires Jung: 20W
ItCity Attorney
PAMELA L TONG
Commisfon#1227306
Notary Abi-Calitartda f
= son Luk Obispo County
My Comm.Fires Jul 2,2003
3 C10-5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
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County of SAN LDTS OBTSPO ss.
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On 10/11/99 , before me, PAMFT.A x_ KTNr_, NOTARY PiIBi.TC
Dab; Name and TFue of Officer(e.g.,-Jane Doe.Notary Pubfrc- 5
personally appeared JOHN DENNIS ANRARN
Name(s)of Signer(s) �
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❑ personally known to me
® proved to me on the basis of satisfactory
r evidence
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to be the person(j) whose name(j) iskMg
subscribed to the within instrument and
acknowledged to me that heexecuted
PAMl3A IC IONG the same in his/MmMidu authorized
Commission# 1 ca acit
WCrYPubT� Carftmk3 p and that by hist
Son Luis Obispo - signature(E)on the instrument the person(x), or
Mycomm.I esJul Z CoLu*o� the entity upon behalf of which the person*)
` acted, executed the instrument.
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WI ESS my hand and qNal seal.
Placa Notary Seal Above signature of Notary Pubtic
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OPTIONAL
Though the information below is not required by taw,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: n
f� Document Date: Number of Pages:
n:
Signer(s) Other Than Named Above: �
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual 1
❑ Corporate Officer—Title(s): Top or thumb mete
❑ Partner—❑ Limited ❑General
❑ Attorney in Fad
fit ❑ Trustee
❑ Guardian or Conservator
❑ Other.
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I Signer Is Representing:
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®1997 National Notary Association-9350 De Soto Ave..P.O.Box 2402-Chatsworth,CA 91313-2402 Prod.No.5907 Reorder Can Toa-Free 1-800-f176-6827
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
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County of J&.y,, "% S 071 _
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C 21LY1 r`�l LrfinQ� - I �.uJ�tL
On ii before me, Ik2 I
Dale Ne and Title of Officer(e.g.,'Jane Doe.Notary Pubic")
personally appeared Ar'1ea_Arr--
Name(s)of Signers) .I
2-rersonally known to me
❑ proved to me on the basis of satisfactory
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evidence .I
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11ACQt)gy�M to be the person(s) whose name(s) is/are
�CO�nisslon# 143 subscribed to the within instrument and
tcw' ic-Cordbmio acknowledged to me that he/she/they executed
Son Luis Obispor^'+�u,r+/�'
I: � � the same in his/her/their authorized
°% ^�•� r capacity(ies), and that by his/her/their
signature(s)on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WIT SS hand and Aoffici se .
Place Notary Seal Above Signature of Notary Public
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OPT/O
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
I Title or Type of Document: •I
' Document Date: Number of Pages:
I• I
Signer(s)Other Than Named Above:
I
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General )
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
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Signer Is Representing:
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tD 1997 National Notary Association•9350 De Soto Ave.,P,O.Box 2402•Chatsworth,CA 913132402 Prod.No.5907 Reorder.Call ToIFFree I-BOM76.6827
C10-7