HomeMy WebLinkAbout012412 Agenda-combined . yl
'a`$ i979CITY OF A TASCADERO
CITY COUNCIL
AGENDA
Tuesday, January 24, 2012
City Hall
Council Chambers
6907 EI Camino Real, Atascadero, California
6:00 P.M.
REGULAR SESSION — CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Council Member Fonzi
ROLL CALL: Mayor Kelley
Mayor Pro Tem O'Malley
Council Member Clay
Council Member Fonzi
Council Member Sturtevant
APPROVAL OF AGENDA: Roll Call
PRESENTATIONS:
1. Employee Service Awards
A. CONSENT CALENDAR: (All items on the consent calendar are considered to
be routine and non-controversial by City staff and will be approved by one motion
if no member of the Council or public wishes to comment or ask questions. If
comment or discussion is desired by anyone, the item will be removed from the
consent calendar and will be considered in the listed sequence with an
opportunity for any member of the public to address the Council concerning the
item before action is taken. DRAFT MINUTES: Council meeting draft minutes
are listed on the Consent Calendar for approval of the minutes. Should anyone
wish to request an amendment to draft minutes, the item will be removed from
the Consent Calendar and their suggestion will be considered by the City
Council. If anyone desires to express their opinion concerning issues included in
draft minutes, they should share their opinion during the Community Forum
portion of the meeting.)
1. City Council Draft Action Minutes — January 10, 2012
■ Recommendation: Council approve the City Council Draft Action
Minutes of January 10, 2012. [City Clerk]
2. Historic City Hall Project Contract Addendum: ACH-18 Plumbing
■ Fiscal Impact: $207,680.
■ Recommendation: Council authorize the City Manager to execute a
contract addendum with Scott T. Murray Plumbing in the amount of
$207,680 for the ACH-18 Plumbing construction services for the Historic
City Hall Project. [Administrative Services]
3. Marchant Drainage Proiect Easement Purchases - Approval of
Purchase Agreements for Drainage Easements at 8575, 8560, and 8555
San Andres Avenue - (City of Atascadero)
■ Description: Request for authorization to purchase drainage easements
from Roger, Barbara and Elizabeth Bartholomew, Yvonne High, and
Gene Rauch.
■ Fiscal Impact: The total anticipated cost is $25,430.
■ Recommendations: Council:
1. Authorize the City Manager to execute a Purchase Agreement with
Roger, Barbara and Elizabeth Bartholomew, in the amount of
$1,600.00, for the purchase of a drainage and temporary construction
easements, at 8560 San Andres Avenue, Atascadero, deemed
necessary for the construction of drainage improvements; and,
2. Authorize the City Manager to execute a Purchase Agreement with
Yvonne High, in the amount of $3,600.00, for the purchase of a
drainage and temporary construction easements, at 8575 San
Andres Avenue, Atascadero, deemed necessary for the construction
of drainage improvements; and,
3. Authorize the City Manager to execute a Purchase Agreement with
Gene Rauch in the amount of $17,500, for the purchase of drainage
and temporary construction easements, at 8555 San Andres Avenue,
Atascadero, deemed necessary for the construction of drainage
improvements. [Public Works]
UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on
any current issues of concern to the City Council.)
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to
address the Council on any matter not on this agenda and over which the Council has
jurisdiction. Speakers are limited to three minutes. Please state your name for the
record before making your presentation. Comments made during Community Forum
will not be a subject of discussion. A maximum of 30 minutes will be allowed for
Community Forum, unless changed by the Council. Any members of the public who
have questions or need information, may contact the City Clerk's Office, between the
hours of 8:30 a.m. and 5:00 p.m. at 470-3400, or mtorgerson(@_atascadero.org.)
B. PUBLIC HEARINGS: None.
C. MANAGEMENT REPORTS: None.
COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council
Members may make a brief announcement or a brief report on their own activities.
Council Members may ask a question for clarification, make a referral to staff or take
action to have staff place a matter of business on a future agenda. The Council may
take action on items listed on the Agenda.)
D. COMMITTEE REPORTS: (The following represent standing committees.
Informative status reports will be given, as felt necessary):
Mayor Kelley
1. Atascadero State Hospital Advisory Committee
2. City of Atascadero Design Review Committee
3. City of Atascadero Finance Committee
4. Economic Vitality Corporation, Board of Directors (EVC)
5. Homeless Services Oversight Council
Mayor Pro Tem O'Malley
1. City / Schools Committee
2. County Mayors Round Table
3. Integrated Waste Management Authority (IWMA)
4. League of California Cities — CITIPAC Board Member
5. SLO Council of Governments (SLOCOG)
6. SLO Regional Transit Authority (SLORTA)
Council Member Fonzi
1. Air Pollution Control District
2. City of Atascadero Design Review Committee
3. City of Atascadero Finance Committee
4. SLO Local Agency Formation Commission (LAFCo) - alternate
Council Member Sturtevant
1. City / Schools Committee
2. Community Action Partnership of SLO County
3. League of California Cities — Council Liaison
E. INDIVIDUAL DETERMINATION AND / OR ACTION:
1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
F. ADJOURN TO MEETING OF THE PUBLIC FINANCING AUTHORITY OF
ATASCADERO
Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that
person may be limited to raising those issues addressed at the public hearing described in this notice, or in written
correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this
public hearing will be distributed to the Council and available for review in the City Clerk's office.
I, Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that
the foregoing agenda for the January 24, 2012 Regular Session of the Atascadero City Council was
posted on January 17, 2012, at the Atascadero City Hall, 6907 EI Camino Real, Atascadero, CA 93422
and was available for public review in the Customer Service Center at that location.
Signed this 17th day of January, 2012, at Atascadero, California.
Victoria Randall, Deputy City Clerk
City of Atascadero
City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m. unless there is a
Community Redevelopment Agency meeting commencing at 6:00 p.m. in which event the Council meeting will commence
immediately following the conclusion of the Community Redevelopment Agency meeting. Council meetings will be held at
the City Hall Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Council in the order of
the printed Agenda. Regular Council meetings are televised live, audio recorded and videotaped for future playback.
Charter Communication customers may view the meetings on Charter Cable Channel 20 or via the City's website at
www.atascadero.org. Meetings are also broadcast on radio station KPRL AM 1230. Contact the City Clerk for more
information (470-3400).
Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file
in the office of the City Clerk and are available for public inspection during City Hall business hours at the Front Counter of
City Hall, 6907 EI Camino Real, Atascadero, and on our website, www.atascadero.org. An agenda packet is also
available for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be
allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers.
All documents submitted by the public during Council meetings that are either read into the record or referred to in their
statement will be noted in the minutes and available for review in the City Clerk's office.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting
or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805)
470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in
assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the
Council to approach the lectern and be recognized.
1. Give your name for the record (not required)
2. State the nature of your business.
3. All comments are limited to 3 minutes.
4. All comments should be made to the Mayor and Council.
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be
allowed for Community Forum (unless changed by the Council). If you wish to use a computer presentation to support
your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Digital presentations must
be brought to the meeting on a USB drive or CD. You are required to submit to the City Clerk a printed copy of your
presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence
and turn in the printed copy.
TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code)
Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their
report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and
will request anyone interested to address the Council regarding the matter being considered to step up to the lectern. If
you wish to speak for, against or comment in any way:
1. You must approach the lectern and be recognized by the Mayor
2. Give your name (not required)
3. Make your statement
4. All comments should be made to the Mayor and Council
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
6. All comments limited to 3 minutes
The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be
heard by the Council.
ITEM NUMBER: A- 1
DATE: 01/24/12
R FT
- y
�i19y
1818 R 1979
\ CAD]Ro CITY OF ATASCADERO
CITY COUNCIL
DRAFT ACTION MINUTES
Tuesday, January 10, 2012
City Hall
Council Chambers
6907 EI Camino Real, Atascadero, California
City Council: 6:00 P.M.
Public Financing Authority: Immediately following the
City Council meeting
REGULAR SESSION — CALL TO ORDER: 6:00 P.M.
Mayor Kelley called the meeting to order at 6:00 p.m. and Council Member Clay led the
Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, Fonzi, Sturtevant, Mayor Pro Tem O'Malley
and Mayor Kelley
Absent: None
Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson
Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis,
Administrative Services Director Rachelle Rickard, Community
Development Director Warren Frace, Public Works Director Russ
Thompson, Police Chief Jerel Haley, Fire Chief Kurt Stone, and
City Attorney Brian Pierik.
Draft CC Minutes
January 10,2012
Page 1 of 6
ITEM NUMBER: A- 1
DATE: 01/24/12
APPROVAL OF AGENDA:
MOTION: By Council Member Sturtevant and seconded by Council
Member Fonzi to approve the agenda.
Motion passed 5:0 by a roll-call vote.
PRESENTATIONS:
1. Chief of Police Jerel Haley will introduce new Police Chaplains to the
Council.
Chief Haley introduced Pastor Comstock and Pastor Gaddis as the new Chaplains for
the Police Department.
2. Presentation of Life Saving Award to Sgt. Joe Allen of the Atascadero
Police Department.
Chief Haley presented the award to Sgt. Allen honoring his life saving efforts. Sheriff
Parkinson also commended Sgt. Allen for his actions.
A. CONSENT CALENDAR:
1. City Council Draft Action Minutes — December 13, 2011
■ Recommendation: Council approve the City Council Draft Action
Minutes of December 13, 2011. [City Clerk]
2. November 2011 Accounts Payable and Payroll
■ Fiscal Impact: $3,035,082.91.
■ Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for November 2011. [Administrative
Services]
3. Historic City Hall Project Change Order: Hazardous Materials
Monitoring Consultant Services
■ Fiscal Impact: $39,535.11.
■ Recommendations: Council-
1.
ouncil:1. Authorize the City Manager to execute a change order with Meca
Consulting, Inc. (dba Millennium Consulting Associates) in the
amount of $39,535.11 for Phase 3 of Hazardous Materials
Abatement Consulting and Monitoring Services for the Historic City
Hall Project; and,
2. Authorize staff to approve any future change orders with Millennium
for Hazardous Materials Abatement Consulting and Monitoring
Draft CC Minutes
January 10,2012
Page 2 of 6
ITEM NUMBER: A- 1
DATE: 01/24/12
Services for the Historic City Hall Project that are less than $10,000.
[Administrative Services]
MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member
Fonzi to approve the Consent Calendar.
Motion passed 5:0 by a roll-call vote.
UPDATES FROM THE CITY MANAGER:
City Manager Wade McKinney gave an update on projects and issues within the City.
COMMUNITY FORUM:
The following citizens spoke during Community Forum: Grenda Ernst, Chuck Ward,
Mitch Paskin, Deborah Paskin, Ron Rothman, Len Colamarino, Jim Shannon, and Mike
Brennler.
Mayor Kelley closed the COMMUNITY FORUM period.
B. PUBLIC HEARINGS:
1. PLN 2007-1190 / APL 2011-0016 / Amendment to CUP 2007-0203 --
Appeal of Planning Commission Approval to Increase Existing
Residential Care Facility to a Maximum of 15 Clients (9525 Gallina
Court / Vrajich)
■ Fiscal Impact: None.
■ Recommendation: Council adopt Draft Resolution "A" denying the
appeal and upholding Planning Commission's approval of an
amendment to Conditional Use Permit 2007-0203, increasing a
residential care facility at 9525 Gallina Court from 10 to 15-clients based
on findings and subject to conditions of approval. [Community
Development]
Community Development Director Warren Frace gave the staff report and answered
questions from the Council.
PUBLIC COMMENT:
The following citizens spoke on this item: Milan Vrajich, Lou Asavis, Marsha Walters,
Sharon Malloy, Cindy Wittmeyer, Jim Shannon, and Mike Brennler.
Mayor Kelley closed the Public Comment period.
Draft CC Minutes
January 10,2012
Page 3 of 6
ITEM NUMBER: A- 1
DATE: 01/24/12
MOTION: By Council Member Clay and seconded by Mayor Pro Tem
O'Malley to adopt Draft Resolution "A" denying the appeal and
upholding Planning Commission's approval of an amendment
to Conditional Use Permit 2007-0203, increasing a residential
care facility at 9525 Gallina Court from 10 to 15-clients based
on findings and subject to conditions of approval.
Motion passed 5:0 by a roll-call vote. (Resolution No. 2012-001)
C. MANAGEMENT REPORTS:
1. 2012 Community Development Block Grants — Draft Recommendations
■ Fiscal Impact: Available funds are estimated at $170,000 for the 2012
cycle.
■ Recommendation: Council develop and adopt draft funding
recommendations for the 2012 Community Development Block Grant
(CDBG) funds. [Public Works]
Council Member Fonzi announced that she would be stepping down on this item as she
owns property within 500 feet of one of the applicants.
Public Works Director Russ Thompson gave the staff report and answered questions
from the Council.
PUBLIC COMMENT:
The following citizens spoke on this item: Dan Jones, Susan Warren, Anna Boyd-Bucy,
and Bernadette Bernardi.
Mayor Kelley closed the Public Comment period.
MOTION: By Mayor Pro Tem O'Malley and seconded by Council member
Sturtevant to adopt the following draft funding
recommendations for the 2012 Community Development Block
Grant (CDBG) funds.
Motion passed 4:0 by a roll-call vote.
2012 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATIONS
City of Atascadero Public Facilities 52,300
North County Women's Shelter Public Facilities 3,200
North County Connection Public Facilities 55,000
Atascadero Community Services Foundation Public Services 4,000
Atascadero Loaves and Fishes Public Services 11,000
EI Camino Homeless Organization Public Services 8,500
North County Adaptive Sports & Recreation Public Services 2,000
City of Atascadero Administration 34,000
TOTAL 170,000
Draft CC Minutes
January 10,2012
Page 4 of 6
ITEM NUMBER: A- 1
DATE: 01/24/12
Mayor Kelley recessed the meeting at 8:30 p.m.
Mayor Kelley reconvened the meeting at 8:40 p.m.
2. Resolution Regarding Successor Agency / Successor Housing Agency
to the Dissolving Redevelopment Agency
■ Fiscal Impact: The Fiscal Impact of AB 1 X 26 upon the City of
Atascadero is under review.
■ Recommendation: Council adopt the Draft Resolution (1) Determining
the City of Atascadero Will Serve As the Successor Agency to the
Atascadero Redevelopment Agency ("Agency") and (2) Electing that the
City of Atascadero Retain the Housing Assets and Functions Previously
Held and Performed by the Agency. [City Attorney]
City Attorney Brian Pierik gave the staff report and answered questions from the
Council.
PUBLIC COMMENT:
The following citizens spoke on this item: Susan Warren (Exhibit A), Len Colamarino,
Mike Brennler, Jim Shannon, and Kelly Evans.
Mayor Kelley closed the Public Comment period.
MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member
Clay to adopt the Draft Resolution (1) Determining the City of
Atascadero Will Serve As the Successor Agency to the
Atascadero Redevelopment Agency ("Agency") and (2)
Electing that the City of Atascadero Retain the Housing Assets
and Functions Previously Held and Performed by the Agency,
with the following addition to the Resolution, as recommended
by the City Attorney:
Add to page 2, #2 of the Resolution, "The City expressly
reserves the right to rescind this election, i.e., to retain the
housing assets and functions previously performed by the
Agency, at any time in the future with or without cause.
Motion passed 5:0 by a roll-call vote. (Resolution No. 2012-002)
COUNCIL ANNOUNCEMENTS AND REPORTS:
The City Council Members made brief announcements.
Draft CC Minutes
January 10,2012
Page 5 of 6
ITEM NUMBER: A- 1
DATE: 01/24/12
D. COMMITTEE REPORTS:
Mayor Kelley
1. County Mayors Round Table — RDA was discussed and they toured the
Oceano Dunes.
Mayor Pro Tem O'Malley
1. Integrated Waste Management Authority (IWMA) — Attending tomorrow.
Plastic bag issue is on the agenda.
Council Member Fonzi
1. City of Atascadero Design Review Committee — Reviewing Eagle Ranch
2. SLO Local Agency Formation Commission (LAFCo) — alternate — Has applied
to be placed on LAFCo.
Council Member Sturtevant
1. League of California Cities — Council Liaison — Will be in Sacramento next
week to meet with legislatures.
E. INDIVIDUAL DETERMINATION AND / OR ACTION: None
F. ADJOURN TO MEETING OF THE PUBLIC FINANCING AUTHORITY OF
ATASCADERO
Mayor Kelley adjourned the meeting at 9:22 p.m.
MINUTES PREPARED BY:
Marcia McClure Torgerson, C.M.C.
City Clerk / Assistant to the City Manager
Exhibit A— Letter read into the record by Susan Warren.
Draft CC Minutes
January 10,2012
Page 6 of 6
ITEM NUMBER: A- 2
DATE: 01/24/12
II
.."7777,fn; r 17:
r
) 9 r r F r . is7s'r
Atascadero City Council
Staff Report — Administrative Services Department
Historic City Hall Project Contract Addendum:
ACH-18 Plumbing
RECOMMENDATION:
Council authorize the City Manager to execute a contract addendum with Scott T.
Murray Plumbing in the amount of $207,680 for the ACH-18 Plumbing construction
services for the Historic City Hall Project.
DISCUSSION:
On June 14, 2011, staff brought the plumbing contract to the City Council for approval.
As plumbing work on the City Hall Project has progressed, the true condition of the
building's plumbing system has become evident. The original contract covered the
scope of work that was anticipated by the early damage assessment, which consists of
replacement of existing plumbing and fixtures to bring the building's plumbing system to
code, and the addition of new fixtures required for ADA compliance. Many areas of the
building were initially inaccessible at the time of the early damage assessment; as a
result, the extent of work that needs to be done has changed, because the exact state
of the plumbing system has now been revealed.
Work on the project has uncovered various portions of the plumbing system, and
several problems were discovered that could not have been known until this time.
• Many lead joints have separated and will not hold waste water
• Many pipes have internal residue crystallization which prevents free flow of
waste/liquids
• Many piping connections have been shifted or sheared
• Cast iron pipe walls have deteriorated over the years and the pipe lining is very
thin and susceptible to failure
• Pipe support systems in ceilings and shafts are not to code and are unsafe
• Some pipe has split open
• Roof and waste lines are too porous for testing — the existing systems will not
hold water under test conditions
ITEM NUMBER: A- 2
DATE: 01/24/12
The additional services under this contract addendum will incorporate a scope of work
to remediate these conditions. This work will consist of: removing and disposing of all
existing piping for sanitary sewer drains, waste lines and vents above basement level;
removing and disposing of all existing roof drain piping above basement level; removing
and disposing of all existing abandoned and unusable gas, steam and water piping;
installation of new piping for the entire roof drain system; and installation of a new
sanitary sewer system above basement level, including drains, waste lines and vents.
Because this scope of work will be done concurrently with the work that was originally
contracted, there will be no additional time added to complete the contract.
The amount of the contract addendum associated with providing the labor and materials
referenced above is $207,680. Staff worked diligently with Bernards and the plumbing
contractor to be sure that removing and replacing these plumbing elements is the most
cost effective method to complete the remediation. The result will be brand new waste
plumbing and roof drain systems.
ITEM NUMBER: A-2
DATE: 01/24/12
FISCAL IMPACT:
PROJECTED FUNDING USES
Architecture and engineering $ 5,115,050
Construction costs:
ACH-2 Penthouse Demolition and Hazardous
Materials Abatement(awarded 2/22/11) 141,300
ACH-3 Basement Wall and Floor Demolition
(awarded 10/26/10) 178,000
ACH-4 Basement Electrical Demolition and
Temporary Power Installation (awarded 10/26/10) 73,980
ACH-5 Foundation Structural Stabilization
(awarded 2/22/11) 3,703,000
ACH-8 Historic Repair& Rehabilitation 10,564,669
ACH-11 Structural Steel and Miscellaneous
Metals 494,300
ACH-12 Rough Carpentry 277,920
ACH-16 Elevator 276,320
ACH-17 Fire Protection 259,841
ACH-18 Plumbing 403,000
ACH-18 Plumbing Change Order 207,680
ACH-19 Heating, Ventilation and Air
Conditioning 849,777
ACH-20 Electrical 762,457
Add Alternate 14 128,000
Remaining bid packages 448,372
Total construction costs 18,768,616
Construction management(Phase 1 awarded 4/27/10,and
Phase II awarded 1/11/11) 3,642,003
General conditions, construction support, and
permitting
Pre-Construction activity 58,165
Deputy Inspection Services (awarded 1/11/11) 386,991
Hazardous Materials Investigation, Design
and Monitoring(Phase 1 awarded 3/23/10;
Phase II awarded 1/11/11;change order
awarded 1/10/12) 199,382
Other 874,882
Total testing, inpection, permitting and
construction support 1,519,420
Contingency 4,696,620
TOTAL PROJECTED FUNDING USES $33,741,709
PROJECTED FUNDING SOURCES
Expected FEMA funding $20,059,190
Expected CalEMA funding 6,686,400
California Cultural Historic Endowment Grant 2,000,000
Redevelopment 2010 Bond Funds 13,000,000
TOTAL PROJECTED FUNDING SOURCES $41,745,590
FUNDING SURPLUS $ 8,003,881
{ ITEM NUMBER: A- 3
DATE: 01/24/12
y $CM
Atascadero City Council
Staff Report - Public Works
Marchant Drainage Project Easement Purchases
Approval of Purchase Agreements for Drainage Easements at 8575,
8560, and 8555 San Andres Avenue
(City of Atascadero)
(Request for authorization to purchase drainage easements from Roger, Barbara
and Elizabeth Bartholomew, Yvonne High, and Gene Rauch)
RECOMMENDATIONS:
1. Council authorize the City Manager to execute a Purchase Agreement with Roger,
Barbara and Elizabeth Bartholomew, in the amount of $1,600.00, for the purchase of
a drainage and temporary construction easements, at 8560 San Andres Avenue,
Atascadero, deemed necessary for the construction of drainage improvements; and,
2. Council authorize the City Manager to execute a Purchase Agreement with Yvonne
High, in the amount of $3,600.00, for the purchase of a drainage and temporary
construction easements, at 8575 San Andres Avenue, Atascadero, deemed
necessary for the construction of drainage improvements; and,
3. Council authorize the City Manager to execute a Purchase Agreement with Gene
Rauch in the amount of $17,500, for the purchase of drainage and temporary
construction easements, at 8555 San Andres Avenue, Atascadero, deemed
necessary for the construction of drainage improvements.
DISCUSSION:
Background: Staff has negotiated and secured verbal agreements for the purchase of
three temporary construction and long-term drainage easements to accommodate
drainage system improvements. The new improvements consist of two culverts, 36" in
diameter, which will run from the corner of Marchant and San Andres Avenues, along
an existing undersized culvert. A diagram of the proposed project is shown below. The
two new culverts will provide flooding relief at the corner of San Andreas and Marchant
Avenues.
ITEM NUMBER: A- 3
DATE: 01/24/12
Public Works is seeking Council approval to buy the drainage easements for the
negotiated purchase prices. The purchase prices were based on appraisals performed
by Schenberger, Taylor, McCormick and Jecker, Inc (Appraiser). The Appraiser
valuation date is March 8, 2011. The Appraiser valuation methodology was by direct
comparison with sales of properties having a similar highest and best use as the subject
parcels. The appraiser used a percent-of-fee value impact methodology for the rights to
be acquired in order to estimate the current market value impact of the proposed storm
drain pipeline easement acquisitions.
Me
• '
X.
s
36n AndnV,4w
BARO
- TEMPORARY H UCTION'EANIENt�
ATEA 550 SO.FT r
Figure 1 — Location map showing the location of the Easements and culvert alignment.
Analysis: The three easements vary in size, shape and cost. The negotiated costs are
shown in Table 1 , below. A detailed breakdown of the costs included in Table 1 is
provided in Attachment 1 .
Table 1
Owner Appraised and
Negotiated Cost of
Each Easement
Bartholomew $1,600
High $3,600
Rauch $17,500
ITEM NUMBER: A- 3
DATE: 01/24/12
Each negotiated cost includes the value of the long-term and temporary construction
easements and landscape impacts. Staff provided a copy of the appraisal to each
landowner. Staff also met with and explained the appraisals to each landowner. Staff
solicited comments and concerns from the three landowners to ensure that they
understand the appraisals and proposed project. Staff has secured verbal
acknowledgments from each owner that they are willing to sell the City the easement.
Conclusion: Staff has prepared a purchase agreement and easement document for
each of the landowners. The purchase agreements and easement documents are
included as Attachment 1. Staff will move forward with document signatures if Council
approval is provided. Staff will be using a title company to convey the documents and
handle the money transaction.
FISCAL IMPACT:
The total anticipated cost is $25,430. The purchase of the lot would result in the
expenditure of $22,700 for the drainage and temporary construction easements. There
will also be title and escrow fees due at closing for each easement. The City currently
has $306,750 budgeted for the Marchant Drainage Capital Improvement Project.
ALTERNATIVES:
1. The City Council may request additional staff analysis of issue.
2. The City Council may decline to purchase the easements.
ATTACHMENTS:
1. Purchase Agreements/Drainage Easement Grant Deeds
ITEM NUMBER: A- 3
DATE: 01/24/12
Attachment 1: Purchase Agreements and Drainage Easement Grant Deeds
EASEMENT PURCHASE AGREEMENT
THIS AGREEMENT is between Roger W. Bartholomew and Barbara
Bartholomew, husband and wife and Elizabeth Bartholomew, a single woman, all as
joint tenants in fee ("Seller") and the City of Atascadero, a Municipal Corporation in the
State of California ("Buyer"). Seller and Buyer agree as follows:
1. PURCHASE OF EASEMENT. Seller agrees to grant a Permanent Public Drainage
Easement to the Buyer. The Buyer agrees to purchase said easement with respect
to certain real property located in the City of Atascadero, California, and as
described below in numbered paragraph 3. A temporary construction easement will
also be required.
2. PURCHASE PRICE. The total land needed is 406 square feet for the new
Permanent Public Drainage Easement, and 144 square feet for the Temporary
Construction Easement. Seller agrees to grant the required easements to Buyer for
the following consideration:
A. A Permanent Public Drainage Easement for the consideration of $974.00.
B. A Temporary Construction Easement for the consideration of $46.00.
C. Reimbursement for landscaping/tree impacts of $580.00.
The total purchase price shall be $1,600.00.
3. CONDITIONS OF SALE.
A. Seller shall provide a Permanent Public Drainage Easement in the form attached
hereto as Exhibit "A".
B. Seller shall provide a Temporary Construction Easement in the form attached
hereto as shown in Exhibit "A".
4. CLOSING. Buyer and Seller agree that the Buyer shall open an escrow account
once this document has been signed by the Buyer's representative and the Seller.
Buyer shall be responsible for all escrow fees, closing fees and title insurance. Buyer
and Seller agree to close escrow as soon as possible. Seller represents that it has
marketable title to the property identified in the attached Exhibits. Seller shall be
responsible for clearing any discrepancies in title and shall cooperate in obtaining
ratifications and/or partial releases from any/all lienholders, if required.
ITEM NUMBER: A- 3
DATE: 01/24/12
5. GENERAL PROVISIONS.
A. Entire Agreement, Amendments and Assignments. This Agreement contains
the entire agreement between the Buyer and Seller. This Agreement including
the attached exhibits, which are incorporated herein by reference, may not be
amended or modified except in writing signed by both parties.
B. Time of the Essence. Time is of the essence in the performance of this
agreement.
C. Partial Invalidity. The invalidity or unenforceability of any provision of the
Agreement shall not affect the validity or enforceability for the remainder of this
Agreement.
Seller: Date:
Roger W. Bartholomew
Date:
Barbara Bartholomew
Date:
Elizabeth M. Bartholomew
Buyer: City of Atascadero, a Municipal Corporation of the State of California
By Date:
Wade G. McKinney, City Manager
City of Atascadero
ITEM NUMBER: A- 3
DATE: 01/24/12
EXHIBIT A
PERMANENT PUBLIC DRAINAGE EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT DOCUMENT
Recording Requested By And
When Recorded, Return To:
City of Atascadero
City Clerk
6907 EI Camino Real
Atascadero, CA 93422
APN 030-301-033
IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE DRAINAGE EASEMENTS
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Roger W. Bartholomew
Barbara Bartholomew
Elizabeth Bartholomew
Hereby GRANT(S) to The City of Atascadero
the easement in the City of Atascadero, County of San Luis Obispo, State of California,
described as:
Roger W. Bartholomew, Barbara Bartholomew, and Elizabeth
Bartholomew, hereby grants to the City of Atascadero, easements for
access and construction to install, maintain, repair, replace and remove
drainage structures for the benefit of the City of Atascadero over, across
and along that certain real property owned by some,A portion of Lot 12
in Block N-B of the Map of Atascadero, in the City of Atascadero, County
of San Luis Obispo, State of California, according to Map recorded
October 21, 1914 in Book 4 of Maps at page 1, et. seq. in the Recorder's
Office at said County and State. The easement is described and shown
on Exhibits "A"and 'B". The temporary construction easement is shown
on Exhibit "C."
SEE GRAPHIC EXHIBITS "A", "B", and "C" ATTACHED HERETO AND MADE A PART HEREOF
ITEM NUMBER: A- 3
DATE: 01/24/12
Executed on , 2012 at Atascadero, California.
By:
Roger W. Bartholomew
Owner
By:
Barbara Bartholomew
Owner
By:
Elizabeth Bartholomew
Owner
Approved as to form: CITY OF ATASCADERO
By: By:
Brian A. Pierik, City Attorney Wade G. McKinney, City Manager
ITEM NUMBER: A- 3
DATE: 01/24/12
ACKNOWLEDGMENT
State of California )
ss.
County of San Luis Obispo )
On , before me, , 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 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 California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public Place Notary Seal above
ITEM NUMBER: A- 3
DATE: 01/24/12
ACKNOWLEDGMENT
State of California )
ss.
County of San Luis Obispo )
On , before me, , 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 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 California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public Place Notary Seal Above
ITEM NUMBER: A- 3
DATE: 01/24/12
EXHIBIT A AND B
PERMANENT PUBLIC DRAINAGE EASEMENT
EXHIBIT "A"
LEGAL DESCRIPTION
Over a portion of APN: 030-301-033
Owner. Bartholomew
Storm Drain Easement
A portion of Lot 12 in Block N-B of the htap of Atascadero, in the City of
Atascadero, in the County of San Luis Obispo. State of California, according to
the map recorded October 21, 1914 and filed in Book 4 at Page 1, et seq. of
Maps in the Office of the County Recorder of said County, said portion lying
northerly of the following described line:
Commencing at a found 2 inch diameter brass cap in a monument well box
marking the intersection of Marchant Avenue and San Andres Avenue.both 50
feet wide as shown on Sheet No. 42 of said map, and bears south 81015'00 east
115.48 feet(S 82048' E 115 5' per 4;MB/42)from a found 2 inch brass cap in a
monument well box marking the beginning of curve on said San Andres Avenue',
Thence south 77003'04"west 67.62 feet to a point in the southerly right of wav
line of said San Andres Avenue and the True Point of Beginning.
Thence leaving said right of way line south 65005'32"east 25.56 feet:
Thence south 19027'35"east 15.49 feet',
Thence north 70032'25'east '15.83 feet to a point in the westerly right of way line
of said Klarchant Avenue.
Containing 406 square feet more or less.
The above described parcel is graphically shown on the Exhibit "B" attached
hereto and made a part hereof.
END DESCRIPTION
Sip t,A ND SO
T,
0
No.6192
Joseph T. Morris, PLS 6192 5!14/10 * Exp. 113102 �
s�9r 0.,Q
F OF CA�'y�
ITEM NUMBER: A- 3
DATE: 01/24/12
- - J - - _I
��0 r 50' t
a �\0
,033 o0o
TPOB r '
O S 65`05'32"E j z I
25.56' $ '
S 19'27'35"E �A
15.49' A ,
N 70'32'25"E , 1
15.83'~� �l� --�-
- -- —— —— POC AVENUE
��- ---- r
MARCHANT -r
t ,
t ,
1 1
t ,
� 1
t
' t LEGEND
J • -FOUND 2"BRASS CAP IN MONUMENT WELL
AL POC -POINT OF COMMENCEMENT
TPOB -TRUE POINT OF BEGINNING
SCALE STORM DRAIN EASEMENT AREA
0 20 40 80 CONTAINING 406 SQUARE FEET+/-
Pt -APPROXIMATE PROPERTY LINE
-RIGHT OF WAY LINE
1 INCH=40 FFFT
EXHIBIT B JOB NO.- 023-019
612 C-NIKON COW STORM DRAIN EASEMENT DWG. SD EXHIBIT
SM LUIS OBISPO.CA QW.I CITY OF ATASCARDERO DRAWN BY-MM
1 mSwat1
.a„asxw COUNTY OF SAN LUIS OBISPO, CA DATE:5114110
is
,w.,,.dr.�r.n . 1 OF 1
DATE: 01/24/12
TEMPORARYEXHIBIT C
Bill
9ti�is}yr� 46
•t� '1►. Fy HIGH • '
�� � YEMP C TRU N . �`• •�'�'
i"� EASEZkAREA r
0
�r
L01
• •
MARCHANT DRAINAGE PROJEC7
J«•` �t
,11
ITEM NUMBER: A- 3
DATE: 01/24/12
EASEMENT PURCHASE AGREEMENT
THIS AGREEMENT is between Yvonne Celeste High, sole owner in fee ("Seller")
and the City of Atascadero, a Municipal Corporation in the State of California ("Buyer").
Seller and Buyer agree as follows:
6. PURCHASE OF EASEMENT. Seller agrees to grant a Permanent Public Drainage
Easement to the Buyer. The Buyer agrees to purchase said easement with respect
to certain real property located in the City of Atascadero, California, and as
described below in numbered paragraph 3. A temporary construction easement will
also be required.
7. PURCHASE PRICE. The total land needed is 890 square feet for the new
Permanent Public Drainage Easement, and 1,493 square feet for the Temporary
Construction Easement. Seller agrees to grant the required easements to Buyer for
the following consideration:
A. A Permanent Public Drainage Easement for the consideration of $2,492.00.
B. A Temporary Construction Easement for the consideration of $557.00.
C. Reimbursement for landscaping/tree impacts of $551.00.
The total purchase price shall be $3,600.00.
8. CONDITIONS OF SALE.
A. Seller shall provide a Permanent Public Drainage Easement in the form attached
hereto as Exhibit "A".
B. Seller shall provide a Temporary Construction Easement in the form attached
hereto and shown Exhibit "A".
9. CLOSING. Buyer and Seller agree that the Buyer shall open an escrow account
once this document has been signed by the Buyer's representative and the Seller.
Buyer shall be responsible for all escrow fees, closing fees and title insurance. Buyer
and Seller agree to close escrow as soon as possible. Seller represents that it has
marketable title to the property identified in the attached Exhibits. Seller shall be
responsible for clearing any discrepancies in title and shall cooperate in obtaining
ratifications and/or partial releases from any/all lienholders, if required.
ITEM NUMBER: A- 3
DATE: 01/24/12
10.GENERAL PROVISIONS.
A. Entire Agreement, Amendments and Assignments. This Agreement contains
the entire agreement between the Buyer and Seller. This Agreement including
the attached exhibits, which are incorporated herein by reference, may not be
amended or modified except in writing signed by both parties.
B. Time of the Essence. Time is of the essence in the performance of this
agreement.
C. Partial Invalidity. The invalidity or unenforceability of any provision of the
Agreement shall not affect the validity or enforceability for the remainder of this
Agreement.
Seller: Date:
Yvonne Celeste High
Buyer: City of Atascadero, a Municipal Corporation of the State of California
By Date:
Wade G. McKinney, City Manager
City of Atascadero
ITEM NUMBER: A- 3
DATE: 01/24/12
EXHIBIT A
PERMANENT PUBLIC DRAINAGE EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT DOCUMENT
Recording Requested By And
When Recorded, Return To:
City of Atascadero
City Clerk
6907 EI Camino Real
Atascadero, CA 93422
APN 030-292-067
IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE DRAINAGE EASEMENTS
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Yvonne Celeste High
Hereby GRANT(S) to The City of Atascadero
the easement in the City of Atascadero, County of San Luis Obispo, State of California,
described as:
Yvonne Celeste High, hereby grants to the City of Atascadero, easements
for access and construction to install, maintain, repair, replace and
remove drainage structures for the benefit of the City of Atascadero
over, across and along that certain real property owned by some,A
portion of Lot 1 in Block U-A of the Map of Atascadero, in the City of
Atascadero, County of San Luis Obispo, State of California, according to
Map recorded October 21, 1914 in Book 4 of Maps at page 29 A in the
Recorder's Office at said County and State. The easement is described
and shown on Exhibits "A"and 'B". The temporary construction
easement is shown on Exhibit "C."
SEE GRAPHIC EXHIBITS "A", "B" and "C" ATTACHED HERETO AND MADE A PART HEREOF
ITEM NUMBER: A- 3
DATE: 01/24/12
Executed on , 2012 at Atascadero, California.
By:
Yvonne Celeste High
Owner
Approved as to form: CITY OF ATASCADERO
By: By:
Brian A. Pierik, City Attorney Wade G. McKinney, City Manager
ACKNOWLEDGMENT
State of California )
ss.
County of San Luis Obispo )
On , before me, , 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 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 California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public Place Notary Seal above
ITEM NUMBER: A- 3
DATE: 01/24/12
ACKNOWLEDGMENT
State of California )
ss.
County of San Luis Obispo )
On , before me, , 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 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 California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public Place Notary Seal Above
ITEM NUMBER: A- 3
DATE: 01/24/12
EXHIBITS A AND B
PERMANENT PUBLIC DRAINAGE EASEMENT
EXHIBIT "A"
LEGAL DESCRIPTION
Over a portion of APN: 030-292-067
Owner: High
Storm Drain Easement
A portion of Lot 1 in Block U-A of the Map of Atascadero, in the City of
Atascadero, in the County of San Luis Obispo, State of California, according to
the map recorded October 21, 1914 and filed in Book 4 at Page 29 A of Maps in
the Office of the County Recorder of said County, said portion being a triangular
shaped piece of land more particularly described as follows:
Beginning at a found one inch iron pipe tagged LS 5751 marking the most
westerly comer of said Lot 1 and the most westerly corner of that portion of said
Lot 1 labeled Parcel 1 per Document#2000-038973 and on the northerly right of
way line of San Andres Avenue as shown on the Record of Survey map filed in
Book 80 at page 42 of Licensed Surveys in the Office of the County Recorder of
said County and bears north 74038'53" west 96.67 feet (N 760,12' 22"W 96.68
feet calculated from 80,'LS/42)from a found one inch iron pipe tagged LS 5751
marking the most southerty comer of said Parcel 1 and on the said northerly right
of way line, said Point of Beginning also being the beginning of a non-tangent
curve concave northerly having a radius of 691.30 feet and to which a radial line
bears south 19'21'40 west :
Thence along said right of way line 71.88 feet through a central angle of
05°57'27":
Thence leaving said right of way line north 53043'36" west 69.16 feet to point in
the westerlV line of said Parcel 1;
Thence along said westerly line south 32°32'01" west 24.50 feet to the Point of
Beginning.
Containing 890 square feet more or less.
The above described parcel is graphically shown on the Exhibit "B" attached
hereto and made a part hereof.
END DESCRIPTION
No.6192
Joseph T. t:torris, PLS 6192 5114/10 *ly Exp. 1'31112
F OF CAI."F
ITEM NUMBER: A- 3
DATE: 01/24/12
I / POB
o
j APN-030-292.067
N 74'38'53'W OWNER:HIGH
96.67' LC PORTION LOT i
!
1
r r f
� I � (PARCEL 1 1
DOC.!2000-036973 PER f
8011.S/42) f
n
i
f 1
BLOCK U-A
41MB129A
pt
/ LEGENDS
• -FOUND V IRON PIPE TAGGE0 L3 57-51-1 PER R
AL R -WILS142
SCALE POB -POINT OF BEGINNING
LC -LONG CHORD
!0 20STORM DRAIN EASEMENT AREA CONTAININC-
890 SQUARE FEET+I-
1INCH=2U! -APPROXIMATE PROPERTY LINE
RIGHT OF WAY LINE
EXHIBIT B JOB NO.- 023-019
STORM DRAIN EASEMENT OWG:SDI=XHIBII
Sim, ' ate°CAf al CITY OF ATASCADERO DRAWN BY:MM
COUNTY OF SAN LUIS OBISPO, CA OATE,•5114110
1!',4lLgCE CROIIF
DATE: 01/24/12
EXHIBIT C
TEMPORARY
-mss....
ills
- Nis
<,
O +R�
BART
MARCHANT
'•gar ^�- 4q�9 HIGH � � � �' ''
i `� EMP C TRU N �" • �'�
`'� EASE�A AREA• �
.y
., •
Ul
DRAINAGE PROJECT
ITEM NUMBER: A- 3
DATE: 01/24/12
EASEMENT PURCHASE AGREEMENT
THIS AGREEMENT is between Gene Rauch, sole owner in fee ("Seller") and the
City of Atascadero, a Municipal Corporation in the State of California ("Buyer"). Seller
and Buyer agree as follows:
11.PURCHASE OF EASEMENT. Seller agrees to grant a Permanent Public Drainage
Easement to the Buyer. The Buyer agrees to purchase said easement with respect
to certain real property located in the City of Atascadero, California, and as
described below in numbered paragraph 3. A temporary construction easement will
also be required.
12.PURCHASE PRICE. The total land needed is 3,414 square feet for the new
Permanent Public Drainage Easement, and 3,532 square feet for the Temporary
Construction Easement, as shown on the attached exhibits. Seller agrees to grant
the required easements to Buyer for the following consideration:
A. A Permanent Public Drainage Easement for the consideration of $13,656.00.
B. A Temporary Construction Easement for the consideration of $942.00.
C. Reimbursement for landscaping/tree impacts of $2,902.00.
The total purchase price shall be $17,500.00.
13.CONDITIONS OF SALE.
A. Seller shall provide a Permanent Public Drainage Easement in the form attached
hereto as Exhibit "A".
B. Seller shall provide a Temporary Construction Easement in the form attached
hereto and shown in Exhibit "A".
C. The Buyer shall remove the cottonwood tree at its own expense during storm
drain construction.
14.CLOSING. Buyer and Seller agree that the Buyer shall open an escrow account
once this document has been signed by the Buyer's representative and the Seller.
Buyer shall be responsible for all escrow fees, closing fees and title insurance. Buyer
and Seller agree to close escrow as soon as possible. Seller represents that it has
marketable title to the property identified in the attached Exhibits. Seller shall be
responsible for clearing any discrepancies in title and shall cooperate in obtaining
ratifications and/or partial releases from any/all lienholders, if required.
ITEM NUMBER: A- 3
DATE: 01/24/12
15.GENERAL PROVISIONS.
A. Entire Agreement, Amendments and Assignments. This Agreement contains
the entire agreement between the Buyer and Seller. This Agreement including
the attached exhibits, which are incorporated herein by reference, may not be
amended or modified except in writing signed by both parties.
B. Time of the Essence. Time is of the essence in the performance of this
agreement.
C. Partial Invalidity. The invalidity or unenforceability of any provision of the
Agreement shall not affect the validity or enforceability for the remainder of this
Agreement.
Seller: Date:
Gene Rauch
Buyer: City of Atascadero, a Municipal Corporation of the State of California
By Date:
Wade G. McKinney, City Manager
City of Atascadero
ITEM NUMBER: A- 3
DATE: 01/24/12
EXHIBIT A
PERMANENT PUBLIC DRAINAGE EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT DOCUMENT
Recording Requested By And
When Recorded, Return To:
City of Atascadero
City Clerk
6907 EI Camino Real
Atascadero, CA 93422
APN 030-292-027
IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE DRAINAGE EASEMENTS
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Gene Rauch
Hereby GRANT(S) to The City of Atascadero
the easement in the City of Atascadero, County of San Luis Obispo, State of California,
described as:
Gene Rauch, hereby grants to the City of Atascadero, easements for
access and construction to install, maintain, repair, replace and remove
drainage structures for the benefit of the City of Atascadero over, across
and along that certain real property owned by some,A portion of Lot 38
in Block U-A of the Map of Atascadero, in the City of Atascadero, County
of San Luis Obispo, State of California, according to Map recorded
October 21, 1914 in Book 4 of Maps at page 29 A in the Recorder's
Office at said County and State. The easement is described and shown
on Exhibits "A"and "B". The temporary construction easement is shown
on Exhibit "C".
SEE GRAPHIC EXHIBITS "A", "B" and "C" ATTACHED HERETO AND MADE A PART HEREOF
ITEM NUMBER: A- 3
DATE: 01/24/12
Executed on , 2012 at Atascadero, California.
By:
Gene Rauch
Owner
Approved as to form: CITY OF ATASCADERO
By: By:
Brian A. Pierik, City Attorney Wade G. McKinney, City Manager
ACKNOWLEDGMENT
State of California )
ss.
County of San Luis Obispo )
On , before me, , 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 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 California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public Place Notary Seal above
ITEM NUMBER: A- 3
DATE: 01/24/12
ACKNOWLEDGMENT
State of California )
ss.
County of San Luis Obispo )
On , before me, , 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 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 California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public Place Notary Seal Above
ITEM NUMBER: A- 3
DATE: 01/24/12
EXHIBIT A AND B
PERMANENT PUBLIC DRAINAGE EASEMENT
EXHIBIT "A"
LEGAL DESCRIPTION
Over a portion of APN: 030-292-M7
Owner. Rauch
Storm Drain Easement
A portion of Lot 38 in Block U-A of the Map of Atascadero. in the City of
Atascadero, in the County of San Luis Obispo, State of Calftaiia, according to
the map recorded October 21. 1914 and flied in Book 4 at Page 29 A of Maps in
the Office of the County Recorder of said County, said portion being a strip of
land twenty feet wAde (W), the center line of which is described as faftm:
Commencing at a found 2 inch. d ameter brass cap in a monument weft box
marling the end of curve of San Andres Avenue,50 feet wide, at the
southeasterly terminus of course tabeled S 80"!8' E 12.30' as show- on sat
map. and bears north 69059'08' west 279.52 fleet(N 71°33'00'W 279.49'
calculated from 4.MB129 A)from a found 2 inch brass cap in a monument weS
box marking the beginning of curve on said San Andres Avenue_
Thence leaving the center Iv*of said San Andres Avenue north 23040'27'east
118.46 feet to the True Point of Beginning.
Thence south 36.4956'east 170 89 feet to a point in the southeasterby tare of
said Lot 38_
The sidelines of said stnp shall be lengt*ened arc.,cr sho^.eneo so as to end in
the said southeasterly line
Containing 3,414 square feet more or less.
The above descrt-rrd parcel is graph rally shown on the Exhibit -B' attached
he to and rnace a part hereof
END DESCRIPTION
Sg9t T F<
No.6192
Joseph i Morris, PLS 8192 5114!10 EV
ITEM NUMBER: A- 3
DATE: 01/24/12
/ POC
♦ APW30-292.427
♦ OWNER:RAUCH
1.Oi i p�r3
♦ �v
/ 0
i 't
I
At
P
,
U GMEND
T • -POUNO r BRASS CAP IN MONLAVE f WRL
PW -PLYNT OF C0MMFNCFMFNT
r� -rRtoC poA%T Or BEGm^YNG
`mrsI-STORM c)Wld EASFMENTmcA CONTAN(NG
sf ;„ r LJ Z 14 SQUARE FFEr N-
• -APPRCXNMTF PR0PFRTY(WF
-RIGHT Of WAY UNE
1iN;N-40FE
,_ '
FXHINIT Ft JOB No. 02"19
,.,_.{_��,,.• STORPA DRAIN EASEMENT oiVG-50FXM60
CITY OF ATASCADERO ORAiYNf3Y 1.MA
COUNTY OF SAN LUIS OBISPO, CA OA H-
1
—...a..�a�., 1 OF t
DATE: 01/24/12
TEMPORARYEXHIBIT C
�, qG � �. S•tii
lk
cl
a �� EMP C TRU N . �`• ���,
EASE AREA 'r
?383.80 F r
1• , •
MN
MARCHANT
DRAINAGE PROJECT