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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