HomeMy WebLinkAbout04/06/1993, C-8 - ACCEPTANCE OF RIGHT-OF-WAY AGREEMENT AND CERTIFICATE OF ACCEPTANCE FOR THE EASEMENT DEED FOR THE ""B" �u�1lNlmu n l� NrNDA
City Or San IDIS OBISPO AprilG 6, 993
COUNCIL AGENDA REPORT "r'NUMBM:
FROM:
Michael McCluskey, Public Works Director
Prepared by: John W. Hawley, Supervising evil Engineer J
SUBJECT:
Acceptance of Right-of-Way Agreement and Certificate of Acceptance for the Easement Deed for
the "Bridge Replacement Project- Nipomo Street at San Luis Obispo Creek, City Plan No. J-12H."
CAO RECONEMENDATION:
Adopt Resolution Approving Right-of-Way Agreement and Certificate of Acceptance for the
Easement Deed for the 'Bridge Replacement Project - Nipomo Street at San Luis Obispo Creek,
City Plan No. J-12H."
DISCUSSION:
Replacing the Nipomo Street Bridge over San Luis Obispo Creek requires the acquisition of an easement
over the property commonly known as The Creamery. The proposed acquisition contains 2011 square
feet, of which 1738 square feet lie within San Luis Obispo Creek, and will allow construction of the new
bridge structure and slope protection. This acquisition was not anticipated when the project budget was
prepared, but was determined necessary during the design phase. Staff then applied to Caltrans for
supplemental Federal funds to cover the additional right-of-way costs.
On August 18, 1992 the CAO approved a purchase order to hire the firm of Hamner, Jewell&Associates
to perform property acquisition services. This was determined necessary because of unproductive
negotiations with the property owners, to keep the project on schedule, and ensure that the acquisition
will be completed in conformance with Federal and State regulations and procedures. On March 5, 1993
a Right-of-Way Agreement and Easement Deed were obtained from the property owners (Exhibit A).
A fair market value appraisal report was completed and approved by the State, and is the basis for the.
compensation paid to the property owners as set forth in the agreement.
The Right-of-Way Agreement also includes a condition that the City construct temporary modifications
to The Creamery parking lot to preserve accessibility throughout the construction of the bridge project.
These modifications willbe made a part of the bridge replacement project plans and specifications. Upon
completion of the bridge project, the lot will be restored to the condition existing prior to construction.
All costs associated with construction of the temporary. lot will be included in the bridge construction
project costs and are not incorporated in the right-of-way program supplement No. 01.1.
SIGNIFICANT EWPACT:
1. Cost of right-of-way acquisition; $12,100 plus any title insurance and escrow charges.
2. Estimate of cost for temporary parking lot construction: $7,000
3. Program Supplement No. 011 to Local Agency-State Agreement for Federal Aid Projects designates
an estimated cost for right-of-way acquisition of$15,000 of which $12,880 is Federal participation
(86%) and $2120 is City matching funds (14%).
city of san Luis osispo
COUNCIL AGENDA REPORT
ROW-J12H
Page Two
CONSEQUENCES OF NOT TAKING THE RECOND4E.NDED ACTION:
Federal guidelines require that all real property interests that are affected by a project be clear and
secured before the project can be advertised for construction. Acquisition of this easement will allow
completion of the right-of-way certification, and keep the project on schedule. The project will be
delayed if the agreement is not accepted, with the possible loss of Federal funding.
FISCAL IMPACT:
This project is included in the 1987-89 capital improvement plan on pages E-8 and E-17 of the 1987-89
financial plan. $100,000 was budgeted to cover the City's matching requirements for the Federal grant.
There is $89,819 remaining in the project budget. The City's financial obligations on this project
include:
14 percent of right-of-way acquisition $2,120
20 percent of construction $1104
$112,120
Although it appears the project budget may be about $22,000 short, it will not be adjusted until after the
construction contract is awarded about a year from now and actual costs are known.
Because project finances will be managed through the State system, the City will not have to front project
costs and then apply for reimbursement. Instead, the State will bill the City for its matching obligation.
For this reason, the City needs to budget only for those matching obligations.
Attachments: Draft Resolution
Right of Way Agreement
Easement Deed
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RESOLUTION NO. (1993 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING THE RIGHT-0F-WAY AGREEMENT AND CERTIFICATE OF
ACCEPTANCE FOR THE EASEMENT DEED FOR THE BRIDGE
REPLACEMENT PROJECT - N1POMO STREET AT
SAN LUIS OBISPO CREEK
CITY PLAN NO. J-12H
WHEREAS, the City proposes to replace the Nipomo Street Bridge at San Luis Obispo
Creek; and
WHEREAS, replacing the Nipomo Street Bridge requires the acquisition of an easement
over the property commonly known as The Creamery; and
WHEREAS, the City has successfully negotiated a right-of-way agreement and easement
deed with the property owners;
NOW THEREFORE BE IT RESOLVED that the City Council of the City of San Luis
Obispo, California hereby accepts Exhibit B attached, entitled "Right-of-Way Agreement and
Certificate of Acceptance," and the Mayor is authorized to execute the same.
On motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was adopted this day of 1993.
Resolution No. (1993 Series)
Page Two. -
MAYOR PEG PINARD
ATTEST:
CITY CLERK DIANE GLADWELL
APPROVED:
A7ZEY/
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_.IGHT OF WAY AGREEMENT
THIS AGREEMENT is made and entered into by and between
The Creamery, a Limited Partnership
hereinafter called "Grantor", and
The City of San Luis Obispo
hereinafter called "City"
An instrument in the form of an Easement Deed covering the property particularly
described therein, has been executed.and delivered to City.
In consideration of which, and other considerations hereinafter set forth,it is
mutually agreed as follows:
1. The 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 City 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 City shall:
A. PAYMENT- Pay to the order of the Grantor the sum of$12,100 as
consideration in full for the herein real property for the loss, replacement and moving of
any improvements, and for entering into this Agreement. Said sum shall be paid within(30)
days after title to said real property has vested in City free and clear of all liens,
�. encumbrances, assessments,easements and leases recorded or unrecorded, except for
recorded public utility easements and right of way.
B. RECORDATION OF INSTRUMENT-Accept the herein referenced
instrument and cause the same to be recorded in the office of the San Luis Obispo County
Recorder at such time as when clear title can be conveyed.
C. MISCELLANEOUS COSTS - Pay all escrow and recording fees incurred in this
transaction and, if title insurance is desired by the City, the premium charged thereafter.
D. CLEARANCE OF BONDS ASSESSMENTS. OR DELINQUENT TAXES -
Have the authority to deduct and pay from the amount shown in Clause 2.A. above any
amount necessary to satisfy any bond demands and delinquent taxes due in any year except
the year in which this escrow closes, together with penalties and interest thereon;and/or
delinquent and unpaid nondelinquent assessments which have become alien at the close of
escrow.
E. CONSTRUCTION AND RESTORATION- Construct temporary
modifications to Grantor's remaining property in accordance with those shown in Exhibit
A, attached hereto and incorporated herein by this reference, to preserve accessibility to
Grantor's adjacent parking lot throughout the construction period of the Nipomo Street
Bridge Replacement Project,for which the herein real property is being acquired. Said
modifications specifically shall include:
i) widening the existing exit driveway apron to accommodate both entry
and exit;
u) constructing a temporary internal connector to provide appropriate
traffic circulation in accordance with existing parking stall layout; and
iii) barricading the existing entrance driveway during the construction period..
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Said work shall be complet6s by City in advance of comrnenceme,..of construction on the
Nipomo Street Bridge Replacement Project.
Upon completion of the Nipomo Street Bridge Replacement Project, City shall restore
Grantor's real property and other improvements located thereon to the condition that
existed prior to said construction, to the extent that is reasonably practical. Ingress and
egress to Grantor's property shall be maintained at all times. All construction and
restoration work shall be done by City at City's sole cost and expense. City shall provide
Grantor and tenants of Grantor 30 days advance written notice of the onset of construction
activities. Additionally, City shall provide public notice in advance of the onset of
construction. Said notice shall run no less than three times in the local newspaper, and shall
specifically inform the public that the Creamery parking lots will remain open throughout
the construction period. City shall make all reasonable and diligent efforts to promote the
completion of project construction within seven months from commencement of
construction activities.
F. PARKING- During the referenced Nipomo Street Bridge construction period,
authorize and provide at least three parallel street parking spaces on Nipomo Street in the
general locations depicted in Exhibit B attached hereto and incorporated herein. These
spaces should have identified time limitations so as to encourage turnover.
G. SIGNAGE- Include appropriate provisions in the Nipomo Street Bridge
Replacement Project construction contract to require selected contractor to provide signs at
the comer of Higuara and Nipomo Street and at the temporary barricade south of the
Nipomo Street bridge, indicating"Creamery Parking Lot Open", with directional arrows
guiding drivers to Grantor's parking lot. Said signs shall be of the same quality and format
as standard "detour" signs utilized throughout the construction area, prepared in
accordance with standard sign post detail referenced in City plans for the Nipomo Street
Bridge Replacement Project.
H. COORDINATION WITH BUSINESS TENANTS -Take practical and
reasonable steps to mitigate impacts of construction activities on Grantor's tenants. City
hereby acknowledges the value of coordinating with the downtown business association to
discuss and coordinate potential mitigations.
I. INDEMNIFICATION- Defend, indemnify, and hold harmless Grantor from
any and all claims, damages, costs,judgments, or liability caused by City or its officers,
employees or agents specifically arising from the construction of the Nipomo Street Bridge
Replacement Project and City construction and restoration work on Grantor's real
property related thereto.
3. The Grantor:
A. PAYMENT ON MORTGAGE OR DEED OF TRUST- Agrees that any or all
monies payable under this Agreement up to and including the total amount of the unpaid
principal and interest on the note(s) secured by mortgage(s) or deed(s) of trust, if any, and
all other amounts due and payable in accordance with the terms and conditions of said
mortgage(s) or deed(s) of trust,shall upon demand(s) be made payable to the mortgagee(s)
or beneficiary(s)entitled thereunder; said mortgagee(s) or beneficiary(s) to furnish Grantor
with a good and sufficient receipt showing said monies credited against the indebtedness
secured by said mortgage(s) or deed(s) of trust.
B. LEASE INDEMNIFICATION-Warrants there are no oral or written leases on
all or any portion of the herein referenced real property exceeding a period of one month,
or if there are such leases, Grantor agrees to hold the City harmless and reimburse City for
any and all of its losses and expenses occasioned by reason of any lease of said property
held by tenant of Grantor for a period exceeding one month. -
C. POSSESSION- Shall retain possession of the property conveyed up to and
including the date of recording of the deed conveying title to City. nrn_�
1
4. The Parties agree:
A. ESCROW-To open an escrow in accordance with this Agreement at Ticor Title
Company, San Luis Obispo. This Agreement constitutes the joint escrow instructions of
City and Grantor, and Escrow Agent to whom these instructions are delivered is hereby
empowered to act under this Agreement. The parties hereto agree to do all acts necessary
to close this escrow in the shortest possible time.
As soon as possible after opening of escrow, City will deposit the executed Deed by
Grantor,with Certificate of Acceptance attached, with Escrow Agent on Grantor's behalf.
City agrees to deposit the purchase price upon demand of Escrow Agent. City and Grantor
agree to deposit with Escrow Agent all additional instruments as may be necessary to
complete this transaction. All funds received in this escrow shall be deposited with other
escrow funds in a general escrow fund account(s) and may be transferred to any other such
escrow trust account in any State or National Bank doing business in the State of
California. All disbursements shall be made by check from such account.
Any taxes which have been paid by Grantor,prior to opening of this escrow, shall
not be pro-rated between City and Grantor, but Grantor shall have the sole right after close
of escrow,to apply to the County Tax Collector of said County for any refund of such
taxes which may be due owner for the period after City's acquisition.
i) ESCROW AGENT DIRECTIVES - Escrow Agent is authorized to, and
shall:
a) Pay and charge Grantor for any unpaid delinquent taxes and/or any
penalties and interest thereon, and for any delinquent assessments or
bonds against that portion of Grantor's property subject to this
transaction as required to convey clear title.
b) Pay and charge City for any escrow fees,charges and costs payable under
Paragraph 2.C. of this Agreement;
c) Disburse funds and deliver deed when conditions of this escrow have been
fulfilled by City and Grantor.
d) Following recording of Deed from Grantor,respond to any City request
to provide City with a CLTA Standard Coverage Policy of Title Insurance
in the amount of$12,100 issued by Ticor Title Company showing that
title to the herein real property is vested in City, subject only to the
following exceptions, and the printed exceptions and stipulations in said
polices:
1) Real Property Taxes for the fiscal year in which escrow closes.
2) Items numbered 3,4, 5, 6, and 7 of title report# 210372 dated
September 1, 1992 at 7:30 issued by Ticor Title Company.
_. u) CLOSE OF ESCROW- The term"close of escrow", if and where written in
these instructions, shall mean the date necessary instruments of conveyance
are recorded in the office of the County Recorder. Recordation of
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i
instruments celivered through this escrow is hereby-authorized.
B. JUDGMENT IN LIEU OF DEED - In the event Grantor is unable to deliver
title in a reasonable time under the terms of the Agreement,the City may file an action in ;
eminent domain to pursue the acquisition of this parcel,and this Agreement shall constitute
a stipulation which may be filed in said proceedings as final and conclusive evidence of the
total amount of damages for the taking, including all of the items listed in Section 1260.230
of the Code of Civil Procedure,regarding this parcel.
C. ARTICLE HEADINGS -Article headings in this Agreement are for
convenience only and are not intended to be used in interpreting or construing the terms,
covenants and conditions of this Agreement.
D. SETTLEMENT PROPOSAL.. This Agreement represents Grantor's settlement
proposal and is expressly subject to and contingent upon City's acceptance and approval.
Deposit into escrow of a fully executed copy of this Agreement constitutes acceptance and
approval by City.
E. COMPLETE UNDERSTANDING-This Agreement constitutes the entire
understanding between the parties with respect to the subject matter hereof, superseding all
negotiations,prior discussions, and preliminary agreements or understandings, written or
oral. This Agreement may not be amended except in writing by the parties hereto or their
successors or assigns.
Dated:
GRANTOR: The imited
i
by:
by
APPROVED AS T FORM:
ATTEST: CITY: The City of San Luis Obispo
by:
No Obligation Other Than Those Set Forth Herein Will Be Recognized.
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recorded, please return to: -
CITY CLERK
CITY OF SAN LUIS OBISPO
P.O. BOX 8100
SAN LUIS OBISPO, CA 93403-8100 No fee per Government Code 6103
No Documentary Transfer Tax per Revenue Taxation Code 11922
APN: 02-402-046
EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE CREAMERY, A LIMITED PARTNERSHIP
hereby GRANTS to the City of San Luis Obispo, a chartered municipal corporation, an easement to
maintain, repair and improve the Nipomo Street bridge wing wall and creek channel over the following
described property:
That portion of Block 61 of the City of San Luis Obispo as conveyed by deed
recorded June 27, 1983 in Vol 2497 at Page $19 in the Office of the San Luis Obispo
County Recorder, In the City of San Luis Obispo, County of San Luis Obispo, State
of California, as per map filed in Book A, Page i68 of Maps, in the office of the
County Recorder of said. County, described as follows:
Beginning at a point on the westerly line of Nipomo Street in said City, distant
thereon 248.00 feet North 36053'00" West from the northwesterly corner of Higuera
and Nipomo Street to the Point of Beginning; thence westerly at right angles to
Nipomo Street 52.00 feet to a point; thence northwesterly parallel with Nipomo
Street to the center of San Luis Obispo Creek, thence northeasterly along the
center line of said creek to the westerly line of Nipomo Street; thence South
36053'00" East along said westerly line of Nipomo Street to the Point of
Beginning.
IN WITNESS WHEREOF GRANTOR hereunto caused their name to be subscribed this
ay of 1993.
Creamery, a Limited.Partners
B
State of CaC7"
. Harrison,n, enera artner
lifo to
ame
County of mac. 2�1`'
On 14VE-# 5 beforeme, L.l LLIAM Z)- ET L—('
personally appear 5:s , personally now to me (or proved to me on the basis of
satisfactory evtdenee)to be the person(s)whose name(s)is/aiv-subscribed to the within instrument and acknowledged to me that
he/shathey executed the same in his/her/their authorized capacity(ies),and that,by his/herAheir signatures(s) on the instrument
the person(s),or the entity upon behalf of which the person(s)acted,executed the ins ri
WTTNES m nd offi ' 1 OP'.IC:.�.Lb2A!
�'` LILLIAN '- LL
r..r-- NOTARY Fl,2lf„-W.0FOANIA
Signatu 1'ENTURA COUNTY
Note: This Easement D d will be recorded. Your signatures)must be Y P• N0V.23 ]994an
Inform the notary that the acknowledgement is for an instrument to berecorded. (California
Civil Code 1169,et.seq.)