HomeMy WebLinkAboutResolution 2021-055.. RESOLUTION NO. 2021-055
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, APPROVING COMPENSATION
PAYMENT AND RIGHT-OF-WAY FOR PROPERTY ACQUISITION WITH
HILLTOP MANOR ATASCADERO, LLC (APN 049-041-009) FOR THE LIFT
STATION #13 AND FORCE MAIN REALIGNMENT PROJECT
WHEREAS, the proposed location for the replacement of Lift Station #13 requires that the
City of Atascadero ("City") acquire property for a permanent easement; and
WHEREAS, the City has negotiated a compensation amount for needed easement for the
Project with Hilltop Manor Atascadero, LLC (APN 049-041-009), herein referred to as "Property
Owner"; and
WHEREAS, a Right -of -Way Agreement and Easement Deed have been prepared for the City
to acquire property from Property Owner for Project easement; and
WHEREAS, proposed Right -of -Way Agreement and Easement Deed for the property
acquisition have been reviewed by the City Council at its meeting on June 22, 2021.
Oft NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero:
SECTION 1. Recitals. The foregoing Recitals are true and correct and are hereby
incorporated by this reference.
SECTION 2. Approval. The City Council hereby approves the Right-of-way Agreement
for easement acquisition with Hilltop Manor Atascadero, LLC (APN 049-041-009).
SECTION 3. CEQA. The City Council hereby finds that the Guidelines of the California
Environmental Quality Act (CEQA) (Section 15061.(3), (b)) exempts activities that are covered by
the general rule that CEQA applies only to projects which have the potential for causing a significant
effect on the environment. Approving Right-of-way Agreement for property acquisition will not have
any significant adverse environmental impacts associated with this Resolution.
SECTION 4. The City Manager is hereby authorized and directed to take all appropriate
actions and execute Right -of -Way Agreement and other documents which the City Manager may
deem necessary or advisable in order to effectuate the purposes of this Resolution.
City of Atascadero
Resolution No. 2021-055
Page 2 of 2
PASSED AND ADOPTED at a regular meeting of the City Council held on the 22nd day of
June, 2021.
On motion by Council Member Bourbeau and seconded by Council Member Funk, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
Council Members Bourbeau, Danz, Funk, Newsom, and Mayor Moreno
NOES:
None
ABSENT:
None
ADOPTED:
None
APPROVED AS TO FORM:
Brian Pierik, City Attorney
C11I�Y�]�GTlIGI.Y 01 a 901
)Z—
Heath oreno, Mayor
e
kWO
APPROVED AS TO FORM:
Brian Pierik, City Attorney
C11I�Y�]�GTlIGI.Y 01 a 901
)Z—
Heath oreno, Mayor
e
CITY OF ATASCADERO
CONTRACT NUMBER;
aoaley
ASSESSOR PARCEL NO.: 049-041-009
PROJECT: City of Atascadero - Santa Cruz Lift Station Project
OWNER: Hilltop Manor Atascadero, LLC
RIGHT OF WAY AGREEMENT
(WITH ESCROW INSTRUCTIONS)
THIS AGREEMENT is made and entered into by and between
Hilltop Manor Atascadero, LLC, a California limited liability company (hereinafter
called "Grantor"), and
The City of Atascadero, a California municipal corporation (hereinafter called "City").
An instrument in the form of an Easement Deed ("Deed") covering the property particularly
described therein ("Property"), has been executed concurrently with this Agreement and
delivered to City representatives.
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, except as stated in Paragraphs 2.E. and 21.
below.
2. The City shall:
A. PAYMENT - Pay to the order of the Grantor the sum of $11,000 as consideration in
full for the Property, for the loss, replacement and moving of any improvements, and for entering
into this Agreement. Said sum shall be paid when title to the 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 public right of way.
B. RECORDATION OF INSTRUMENT - Accept the Deed 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 any escrow, title insurance, and recording fees
incurred in this transaction.
D. CLEARANCE OF BONDS, ASSESSMENTS, ORDELINOUENT 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 the Deed records, together with penalties and interest thereon, and/or delinquent and
APN: 049-041-009 City of Atascadero/Santa Cruz Lift Station/FhUtop Manor/Right of Way Agreement
Paget of 5
unpaid non -delinquent assessments which have become a lien as of the date of recordation of the
Grant Deed.
E. CONSTRUCTION AND RESTORATION — In addition to the monetary
compensation paid per Clause 2.A. of this Agreement, City agrees to install two 6" sewer lateral
stubouts to the property line for the properties located at 5715 Santa Cruz Road and 5900 Santa
Cruz Road, one stubout for each property. These stubouts will be installed by City at no expense
to Grantor.
F. INDEMNIFICATION - Indemnify and hold harmless Grantor from any and all
claims, damages, costs, judgments, or liability proximately caused by City or its officers,
employees, or agents specifically arising from City construction and restoration work on the
Property.
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. Grantor shall cooperate with the Escrow Officer in obtaining lien clearance
documents from any and all creditors holding liens against the Property.
B. LEASE INDEMNIFICATION - Warrants there are no oral or written leases on all or
any portion of the Property, or if there are such leases, Grantor agrees to clear such leasehold
rights from encumbering the Property and 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.
C. PERMISSION TO ENTER - Hereby grants to the City, its agents and contractors,
permission to enter the Property prior to the close of escrow for the purposes of preparation for
the construction of the City's facilities, subject to all applicable terms and conditions contained
in this Agreement and the associated Deed.
D. TITLE INDEMNITY AND WARRANTY - In consideration of the City waiving the
requirements to clear any defects and imperfections in all matters of record title, the Grantor
indemnifies and holds the City harmless from any and all claims that other parties may make or
assert on the title to the Property. Grantor's obligation to indemnify the City shall not exceed the
amount paid to the Grantor under this Agreement. Grantor hereby represents and warrants that
he/she/they are the sole vested owners of the Property, holding all ownership and possessory
rights, and are the authorized signatories to grant the rights referenced in this Agreement without
conflict or claims from other parties.
E. HAZARDOUS SUBSTANCES - Represents and warrants, to the best of Grantor's
knowledge, and after reasonable inquiry, the following: During Grantor's ownership of the
Property, Grantor knows of no disposal, releases, or threatened releases of hazardous substances
APN: 049.041-009 City of Atascadero/Santa Cruz Lift Station/Hintnp Manor/Right of Way Agreement
Page 2 of 5
on, from, or under the Property or Grantor's remaining adjacent property. Grantor further
represents and warrants that Grantor has no knowledge of disposal, release, or threatened release
of hazardous substances on, from, or under the Property, or Grantor's remaining adjacent
property, which may have occurred prior to Grantor's ownership.
There is no pending claim, lawsuit, agency proceeding, or any administrative challenge
concerning the presence or use of hazardous substances on or within the Property or Grantor's
remaining adjacent property.
Grantor has not used the Property, or Grantor's remaining adjacent property, for any
industrial operations that use hazardous substances. Grantor is not aware of any prior use of such
property. Grantor has not installed any underground storage tanks, above ground storage tanks,
barrels, sumps, impoundments or other containers used to contain hazardous substances on any
part of the Property or Grantor's remaining adjacent property. Grantors are not aware of any
such prior installations. The purchase price of the Property being acquired reflects the fair
market value of the Property without the presence of contamination. If the Property is found to
be contaminated by the presence of hazardous substances which require mitigation under Federal
or State law, City may elect to recover its cleanup costs from those who caused or contributed to
the contamination.
4. The Parties agree:
A. ESCROW - At City's option, to open an escrow in accordance with this Agreement at
an escrow company of City's choice. Opening an escrow shall be at City's sole discretion and
City may decide to process this transaction without the use of an escrow agent. However, if an
escrow agent is utilized, this Agreement constitutes the joint escrow instructions of City and
Grantor, and the 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.
If an escrow is utilized, as soon as possible after opening of escrow, City will deposit the
executed Deed by Grantor, with Certificate of Acceptance attached, with the 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 or wire transfer 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
Grantor for the period after City's acquisition.
APN. 049-041-009 City of Atascadero/Santa Cruz Lift Statiotfflilltop Manor/Right of Way Agreement
Page 3 of 5
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, if requested by City, provide City
with a CLTA Standard Coverage Policy of Title Insurance in the amount of
$11,000 issued by a Title Company of City's choice showing that title to the
Property is vested in City, subject only to the following exceptions, and the
printed exceptions and stipulations in said policy:
1) Real Property Taxes for the fiscal year in which escrow closes;
2) Public utility easements and public rights of way;
3) Item Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 of the preliminary title
report issued by First American Title Company, dated October 19,
2020, referenced as Order No. 4001-6412824; and
4) Other items that may be approved in writing by City in advance of
the close of escrow.
ii) 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 instruments
delivered through this escrow is hereby authorized.
B. JUDGMENT IN LIEU OF DEED - In the event Grantor does not 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 the Property, 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 said property rights.
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. 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.
049-041-009 City of Atascadero/Santa Cruz Litt Station/Hilhop Manor/Right of Way Agreement
Page 4 of 5
This Agreement may not be amended except in writing by the parties hereto or their successors
or assigns.
E. CITY COUNCIL APPROVAL -This Agreement is subject to and conditioned upon
approval by the Atascadero City Council. This Agreement is not binding upon the City until
executed by the appropriate City official(s) acting in their authorized capacity.
F. COUNTERPARTS - This Agreement may be executed in counterparts, each of which
so executed shall irrespective of the date of its execution and delivery be deemed an original, and
all such counterparts together shall constitute one and the same document.
G. ELECTRONIC AND FACSIMILE SIGNATURES — In the event that the parties hereto
utilize electronic or facsimile documents which include signatures, such documents shall be
accepted as if they bore original signatures provided that documents bearing ORIGINAL
SIGNATURES are provided following transmittal of the electronic or facsimile signature.
Documents for recordation by the Clerk Recorder must contain original signatures.
No Obligation Other Than Those Set Forth Herein Will Be Recognized.
GRANTOR:
Hilltop Manor Atascadero, LLC, a California limited liability company
By:� Date: L!�/Z/ZZy2 (
ame: �awc�,nee 8.�cl..hear�
Title: Oc-3v%e e J Moho
Un
Name:
Title:
Date:
GRANTOR'S MAILING ADDRESS: /17e 6/ 7-0a� GNu A o ow' 7CSC�
ero
S , e 675 �' f'S.,C't _l2
CITY OF ATASCADERO .
B� .t cC oLt Date: b
Name: R o-c,k e, l e 1Z' l Gk,o, lrt l
Title: CjN,1 A t0.n cLc r 4, 1 C ��I D-C—
MAILING ADDRESS OF CITY:
The City of Atascadero
Attn: Deputy Director of Public Works
6500 Palma Avenue
Atascadero, CA 93422
APN: 049-041-009 City of Atawadero/Santa Cruz Lift Station/I-lilltop Manor/Right of Way Agreement
Page 5 of 5
Recording requested by:
Hamner, Jewell & Associates
Government Real Estate Services
When recorded, mail to:
City of Atascadero
Attn: City Clerk
6500 Palma Avenue
Atascadero, CA 93422
No fee pursuantto Government Code § 6103
No Documentary Transfer Tax per R&T Code § 11922
No Recording Fee per Government Code § 27383
EASEMENT DEED
(Lift Station Site - To the City of Atascadero)
APN: 049-041-009
For a valuable consideration, receipt of which is hereby acknowledged,
Hilltop Manor Atascadero, LLC, a California limited liability company (hereinafter
referred to as "Grantor"),
hereby grants to
The City of Atascadero, a California municipal corporation (hereinafter referred to as
"Grantee" or "City"),
An Exclusive Permanent Easement for the installation, construction, reconstruction,
enlargement, operation, maintenance, replacement, and repair of a lift station, lift station controls,
backup generator and propane tank, retaining perimeter walls and fencing, conduits, utility boxes
and related appurtenances, and ingress and egress rights associated therewith in connection with
the City of Atascadero Lift Station #13. This Permanent Easement ("Permanent Easement") shall
be in, over, on, along, through, within, under, and across the Permanent Easement Area of the Real
Property as defined in this paragraph. The "Real Property" is in the City of Atascadero, County
of San Luis Obispo, State of California and is described in Exhibit "A" attached hereto and
incorporated by reference herein. The "Permanent Easement Area" is described in Exhibit "B" and
depicted in Exhibit "C" attached hereto and incorporated by reference herein.
The Permanent Easement described herein shall be SUBJECT TO THE FOLLOWING TERMS
AND CONDITIONS:
1. The facilities and improvements installed in the Permanent Easement Area collectively
are referred to herein as "City Facilities." Plans for City Facilities as they exist from time to time
shall be maintained at the City's principal offices.
2. City shall have the right of ingress and egress for personnel, vehicles, and construction
equipment to, from, and upon the Permanent Easement Area at any time, without prior notice.
3. Subsequent to the grant of this Easement, Grantor shall not grant any easements of any
kind whatsoever to others in, over, on, through, within, under and across the Permanent Easement
Area without prior written consent of the City.
The provisions hereof shall inure to the benefit of the City, its successors and assigns, and shall
bind the heirs, executors, administrators, assigns and successors in interest of the respective parties
hereto, and all covenants shall apply to and run with the above-described property.
GRANTOR:
Hilltop Manor Atascadero, LLC, a California limited liability company
By: - Date:J2/
Name: (4 ia.. c 11�r Li sera,
By: Date:
Name:
Title:
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of QJLa.�
On a5 / I (�� before me, 4iNotary
Public, personally appeared btoPeNcc &CHHOM .!L who proved to me on the basis of
satisfactory evidence to be the personk•) whose name 9) is/a*@ subscribed to the within instrument and
acknowledged to me that he/she tey executed the same in his/herftheir authorized capacily(ies), and that
by his/her signatureW on the instrument the person(s'), or the entity upon behalf of which the person(d)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signaturree
;
` r •u
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
On before me, Notary
Public, personally appeared who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Cali
fornia that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
3
CERTIFICATE OF ACCEPTANCE
(Gov. Code section 2728 1)
This is to certify that the interest in real property conveyed by the Easement Deed dated
from Hilltop Manor Atascadero, LLC, a California limited liability
company, to the City of Atascadero, a municipal corporation government, Grantee therein, is
hereby accepted by the undersigned officer or agent on behalf of the City of Atascadero pursuant
to the authority conferred by Resolution of the City Counsel of the City of Atascadero adopted on
April 28, 1987, and the Grantee consents to the recordation thereof by its duly authorized officer
or agent.
In Witness Whereof, I have hereunto set my hand this day of 2021.
"GRANTEE"
CITY OF ATASCADERO, a municipal corporation
By
Nicholas D. DeBar
Director of Public Works
ATTEST:
By
Lara Christensen, City Clerk
EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Atascadero, County of San Luis Obispo, State of California, described as
follows:
Lot 42 in Block 49 of Atascadero Colony, in the City of Atascadero, County of San Luis Obispo, State of
California, according to map recorded October 21, 1914 in Book -3 at Page 66 of Maps, in the office of the
County Recorder of said County.
Except therefrom that portion of said land conveyed to the State of California by Deed Recorded
November 1, 1949 in Book 540 at Page_S8 of Otfidal Records.
Also except therefrom that portion of said land lying within the Anes of Santa Cruz Road as shown on said
map.
Also except therefrom that portion of said land described in the Deed to the State of California, recorded
February 21, 1964 in Book 1285 at Page1S9 of Oficial Records, in the office of the County Recorder of
said County.
APN: 049-041-009
3MTM. YAM
That portion of Lot 42 in Block 49 of Atascadero Colony in the County of San Luis Obispo, State
of California, according to the map recorded October 21, 1914, in Book 3, at Page 66 of Maps,
in office of the County Recorder of said County, described as follows:
Beginning at the northwest corner of said Lot 42, being marked by a 5/8 inch rebar and plastic
cap stamped "LS 5571", thence along the northerly line of said Lot 42, North 87048'45" East
60.00 feet;
Thence at a right angle to said north line of lot 42, South 02'11°15" East 50.00 feet;
Thence parallel with said north line of lot 42, South 87'48'45" West 85.96 to the line described
by Deed recorded in Book 1285, Page 159 of Official Records in the office of the County
Recorder of said County;
Thence along said Deeded line, North 25"15'18" East 56.34 feet to the Point of Beginning.
Said Portion of Lot 42 contains 3,645.04 square Feet or 0.08 acres.
The above description is graphically shown on Exhibit "C" and made a part hereof.
Dennis M. Dodson LS 7214 Date
P.O.B. , 7 -
JOB NAME: 503576
LOCATION:
5900 SANTA CRUZ AVE.
ATASCADERO, CA
APN: 049-041-009
EASEMENT
EXHIBIT "c"
LOT 41
PER R
N 87'48'45" E 497.72'Rl
N 87'48'45" E 497.77'M
n'
a
SCALE 1"=20'
DRAWN BY: JS
SCALE: 1 "=20'
DATE: 1-10-21
JOB NUMBER
3576
CHECKED BY: JW
SHEET
1 OF 1
WW SURVEYING,
INC.
p�
805-748-3234
ww
LEGEND
"t'n
R 3AC MB 66
N Nr
R1 = 44 LS 85
cli
DD = 1285 O.R. 159
`
000)
• = FOUND MONUMENT
PER R1
z2
P.O.B. = POINT OF BEGINNING
=PROPERTY
LINE
==EASEMENT
AREA
JOB NAME: 503576
LOCATION:
5900 SANTA CRUZ AVE.
ATASCADERO, CA
APN: 049-041-009
EASEMENT
EXHIBIT "c"
LOT 41
PER R
N 87'48'45" E 497.72'Rl
N 87'48'45" E 497.77'M
n'
a
SCALE 1"=20'
DRAWN BY: JS
SCALE: 1 "=20'
DATE: 1-10-21
JOB NUMBER
3576
CHECKED BY: JW
SHEET
1 OF 1