R 4455 RESOLUTION NO. 4455
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ACCEPTING AN OFFER TO DEDICATE
WATER RIGHTS AND WELL AND RELATED EASEMENTS AND
AGREEMENT FOR THE PROVISION OF CONSTRUCTION
WATER FOR TRACT 1998 (TRACT 01-001)
WHEREAS, an offer to dedicate to the City the water rights and well and related
easements for a municipal water well site has been provided as required to
satisfy the conditions of approval for Tract 1998; and
WHEREAS, the City desires to accept the offer of dedication.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Arroyo Grande hereby accepts an irrevocable and perpetual offer by Taos
Holding Corporation to dedicate water rights, a municipal water well site
easements and related easements, as offered and described by the attached
hereto as Exhibit "A", and which is incorporated herein by this reference.
On motion of Council Member Ray, seconded by Council Member Brown, and on
the following roll call vote, to wit:
AYES: Council Members Ray, Brown, Guthrie, and Mayor Ferrara
NOES: None
ABSENT: Council Member Costello
the foregoing Resolution was passed and adopted this 12th day of June 2012.
RESOLUTION NO. L{q55
PAGE 2
TO FE , MAYOR
ATTEST:
elf����.1 lam.
KELLY ET /ARE, CITY CLERK
APPROVED AS TO CONTENT:
S N ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIM, THY J. ARMEL, CITY ATTORNEY
•
• Exhibit "A"
• Recording requested by:
CITY OF ARROYO GRANDE
When recorded,return to:
Director of Public Works
300 E. Branch Street
Arroyo Grande, CA 93420
APN: 007-781-024 SPACE ABOVE LINE FOR RECORDER'S USE ONLY
IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE WATER RIGHTS AND
WELL EASEMENT AND AGREEMENT FOR THE PROVISION OF WATER
THIS OFFER TO DEDICATE WATER RIGHTS AND WELL EASEMENT AND
AGREEMENT FOR THE PROVISION OF WATER ("Offer and Agreement"), made this
1 14' day of Aci.4 , 2012 by and between TAOS HOLDING CORPORATION, a
California corporation, hereinafter referred to as "Offeror" and the CITY OF ARROYO
GRANDE,a California municipal corporation,hereinafter referred to as"City".
WHEREAS, the Condition #9 of the Conditions of Approval for Tract 1998 (aka Tract
01-001) ("Condition 9") requires the offer of dedication of an easement for the water well
located on Lot 1,including infrastructure,appurtenances, water rights and related easements;and
•
WHEREAS,the parties recognize that Condition 9 authorizes Offeror to reserve the right
to use water from the well offered for dedication to City for certain on-site construction and
environmental mitigation purposes; and
WHEREAS, the parties have determined that it is more cost effective and efficient for
Offeror to use water provided by the City at no charge through its water conveyance
. infrastructure rather than use well water as provided in Condition 9, that such use would not
violate City codes or regulations and therefore, the parties wish to effectuate such an
understanding by this Offer and Agreement; and
WHEREAS, said Offeror desires to offer to dedicate, irrevocably, to the City, a water
well easement, water rights and related easements, which offer may be accepted at any time by
the City based on the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises set
forth herein, and for good and other valuable consideration,the receipt and sufficiency of which
is hereby acknowledged,the parties agree as follows:
1. That Offeror is the owner of the real property described on Exhibit "A" attached
hereto and incorporated herein by this reference.
• • Date:5/102012 7. ' 1
•
2. That said Offeror does hereby irrevocably and in perpetuity offer to City a dedication
of: a)an exclusive easement for the existing well, including any and all right,title and
interest in the currently existing well infrastructure and appurtenances and the water
rights associated with the existing well, located within Easement Area No. 1 as more
particularly described in Exhibit "B" attached hereto and incorporated herein by this
reference; b) an exclusive easement over the area described as Easement Area No. 1
as described in Exhibit"B"hereto for the purpose of operating,maintaining,repairing
and replacing the well; and c) an exclusive easement over the area described as
Easement Area No. 2 as described in Exhibit `B" hereto for the purposes of placing
additional infrastructure to extract, treat, store and transport water.
3. That said Offeror reserves for itself and any successor in interest to Tract 1998
(including but not limited to Castlerock Development, a California corporation), the
right to the reasonable and beneficial use of City water provided through City's water
infrastructure for the purpose of construction of the subdivision improvements and
residences for Tract 1998 (including without limitation environmental mitigation
purposes). If for any reason, City is unable to provide City water through City's water
infrastructure as contemplated above by this Paragraph 3, then water from the subject -
well at no charge by City shall be used instead. Offeror's right to City water for such
use shall terminate upon issuance of a notice of completion for the last residence in
Tract 1998, or five years after the final tract map of Tract 1998 is approved by the
City,whichever is earlier. Use of water through City's water infrastructure as defined
above by this Paragraph 3 shall not be subject to any City water conservation
regulation that is inconsistent with the purpose and intent of this section. Further, use
of City water shall be at no cost to the Offeror in any form, including usage rates,
meter costs,treatment costs,capital improvement costs or administrative costs.
4. That said Offeror reserves for itself and its successors in interest to the residential lots
in Tract 1998 (including but not limited to Castlerock Development, a California
corporation) and the homeowners association formed in connection with Tract 1998
(the "HOA"), the,right to the reasonable and beneficial use of City water, at no cost,
provided through City's water infrastructure for the purpose of establishment and
maintenance of common area landscaping, including landscaping that is required by
the Mitigation, Monitoring and Reporting Program for Tract 1998 ("WARP"). If for
any reason, City is unable to provide City water through City's water infrastructure as
contemplated by this Paragraph 4, then water from the subject well at no charge by
City shall be used instead. Offeror's right to use water for establishment and
maintenance of common area landscaping purposes shall terminate upon successful
completion of the landscaping mitigation and restoration requirements of the WARP.
Use of water through City's water infrastructure as defined above by this Paragraph 4
shall not be subject to any City water conservation regulation that is inconsistent with
the purpose and intent of this section. Further, use of City water shall be at no cost to
the Offeror in any form, including usage rates, meter costs, treatment costs, capital
improvement costs or administrative costs.
Date•5/102012 17 '1 I I •
•
5. That said Offeror, its successors in interest to the residential lots in Tract 1998
(including but not limited to Castlerock Development, a California corporation),shall
defend and hold City harmless from and against, any and all losses, damages, suits,
and claims arising from or in any way whatsoever related to this Agreement or
Offeror's, or Offeror's contractor's, agent's or employee's use of City's water as
provided herein.
6. The size, location and configuration of the easements described above in Paragraph 2
• and the placement of equipment within said easements shall not unreasonably
interfere or detract from the development of the residential lot on which the well and
equipment will be located.
7. The existing on-site storage tanks, in their current condition, used in connection with
the existing well pump shall be removed entirely by the Offeror (or its successors in
interest in Tract 1998) within ninety (90) days of City's acceptance of this offer of
dedication set forth herein. Existing appurtenances used in connection with the
existing on,site storage tanks, that are within the easements described in Paragraph 2,
•
are to be abandoned and shall be removed by the Offeror.
8. That said Offeror agrees that said offer of dedication shall be irrevocable and that the
City may,at any time in the future, accept said offer of dedication.
9. That said Offeror agrees that this irrevocable and perpetual Offer and Agreement is
and shall be binding on its heirs,legatees, successors and assigns.
IN WITNESS WHEREOF,this Irrevocable and Perpetual Offer to Dedicate Water Rights
and Well Easement and Agreement for the Provision of Water is hereby executed by the said
Offeror on the day and year first above written.
TAOS HOLDING CORPORATION,
a California corporation
n Shetler,President
Date:3/10/2012 f 1 f 1
CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC
STATE OF CALIFORNIA
ss.
COUNTY OF SAN LUIS OBISPO
On 0ADu1 \k ,2012,before me, In)Pmd ui 1�G(�1 Gl t—�— N ot.r9 Po b i.c.
(here insert name and title of the officer), personally appeared :Dar re", Sin
who proved to me on the basis of satisfactory evidence to be the person(e) whose name(e) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/ttretr authorized capacity(ioe), and that by his/her/their signature(s) on the instrument the
person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
NDY ACKNART
CommWElaalon N 1996929
^;-" • Notary Public•California
% San lull Obispo County
—
/�d C mm ref Fob 1 20
Notary 'L
tary Public
EDIT "A"
LEGAL DESCRIPTION OF OFFEROR'S PROPERTY
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ARROYO
GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA AND IS
DESCRIBED AS FOLLOWS:
Parcel 7 of Parcel Map No. 77-103, in the City of Arroyo Grande, County of San Luis Obispo,
State of California according to map recorded November 30, 1979 in Book 28,Page 85 of Parcel
Maps, in the office of the County Recorder of said County.
Excepting therefrom 50%of all oil, gas, minerals and hydrocarbon substances in and under said
land,provided,however, that the grantors therein,their heirs or assigns or successors in interest,
shall not drill for or develop any such oil, gas,minerals and hydrocarbon substances without the
written consent of the grantees therein,their heirs or assigns, or successors, in interest reserved in
the deed from Anton Doko,et ux.,recorded April 15, 1958 in Book 936,Page 211 of Official
Records.
Also excepting therefrom 50%of all oil,gas,minerals and hydrocarbon substances in and under
said land,provided,however,that the grantors therein,their heirs or assigns,or successors in
interest, shall not drill for or develop any of such oil,gas,minerals and hydrocarbon substances
without the written consent of the grantees therein,their heirs or assigns,or successors,in
interest reserved in the deed from Frank E.Bosch, et ux.,to Anton Doko,et ux., dated April 2,
1958 and recorded April 15, 1958 in Book 936,Page 208 of Official Records.
APN: 007-781-024
•
EXHIBIT "B"
EASEMENT AREA DESCRIPTION
Sheet 1 of 3
Those portions of Parcel 7 of Parcel Map No. 77-103,in the City of Arroyo Grande,County of
San Luis Obispo, State of California,according to the map recorded November 30, 1979 in Book
28,Page 85 of Parcel Maps,in the office of the County Recorder of said County and State,
described as follows:
Easement Area No. 1
Beginning at a centerline well monument at the intersection of La Canada and Rosemary Court,
as shown on said map;
Thence,northerly along the centerline of La Canada,being a curve concave to the northwest
•
having a radius of 600.00 feet,293.22 feet through an included angle of 28°00'00",with a chord
having a bearing of North 21°30'00"East and a distance of 290.31 feet to a centerline monument
of La Canada which a radial bears South 82°30'00"East;
Thence, leaving said centerline along the prolongation of said radial line, South 82°30'00"East
32.00 feet to the northwesterly corner of said Parcel 7,said corner being Point of Beginning#1
(POB 1);
Thence, along said radial line,South 82°30'00"East 25.00 feet to a point along the
northwesterly line of Parcel 7;
Thence, leaving said northwesterly line South 07°30'00"West a distance of 16.00 feet;
Thence,North 82°30'00"West a distance of 25.20 feet to a point on the easterly right-of-way
line of La Canada;
Thence, northerly along said right-of-way line, being a curve concave to the northwest with a
radius of 632.00 feet, 16.002 feet through an included angle of 01°27'02", with a chord having a
bearing of North 08°13'31"East and a distance of 16.00 feet to Point of Beginning#1 (POB1).
basement Area No. 2
Beginning at a centerline well monument at the intersection of La Canada and Rosemary Court,
as shown on said map;
Thence,northerly along the centerline of La Canada,being a curve concave to the northwest
having a radius of 600.00 feet,293.22 feet through an included angle of 28°00'00",with a chord
having a bearing of North 21°30'00"East and a distance of 290.31 feet to a centerline monument
of La Canada which a radial bears South 82°30'00"East;
•
Sheet 2 of 3
Thence, leaving said centerline along the prolongation of said radial line,North 82°30'00"West
32.00 feet to the northwesterly corner of said Parcel 7;
Thence, southerly along the easterly right-of-way line of La Canada,being a curve concave to
the northwest having a radius of 632.00 feet, 229.99 feet through an included angle of
20°51'03",with a chord having a bearing of South 17°55'31"West and a distance of 228.73 feet
to a point on said easterly right-of-way line which a radial bears North 61°38'57"West, said
point being the Point of Beginning#2 (P0B2);
Thence, South 60°17'22"East a distance of 40.00 feet;
Thence, South 29°42'39"West a distance of 30.00 feet;
Thence,North 60°17'22"West a distance of 40.00 feet to a point on the easterly right-of-way
line of La Canada;
Thence,northerly along said right-of-way,being a curve concave to the northwest with a radius
of 632.00 feet, 30.003 feet through an included angle of 02°43'12",with a chord having a
bearing of North 29°42'39"East and a distance of 30.00' to the Point of Beginning#2 (POB2).
The attached Exhibit"B"Sheet 3 of 3 should be used to assist in retracing the lines of the above.
descriptions.
LAND S�
•- .� Iv 4
co
■_ r —1 No. 64V ) 'o
Guy A. Stilitch * ExP. 31/1n
Professional d Surveyor
Lic.No. 6407 J>, (\CIA-\l'%(\41.
Exp. 12-31-10 gle
• EXHIBIT B
I SHEET 3 OF 3
It P081
L2 TRACT 1834 UNIT 1
/
I C3 I 1 0 / -
/ 1
113 /1.• P081 &
NE'LY COR PARCEL 7
l i `r ,. 1
L4 =� i�
EASEMENT AREA 1 \ lJ
SCALE: N.T.S. /
I
LINE TABLE 32' 3z, SEE EASEMENT AREA 1 DETAIL
i LINE BEARING LENGTH REF.
L1 SB2'30'001 RAD' 32.00' R-I,R-2,R-3
L2 582'30'00"E RAD, 25.00' R-I,R-2,R-3 /
L3 S07'30'00'W 16.00'
_L4 _■82'30'00"W 25.20'
L5 S6017'221 40.00' joM
L6 529'42'39°W 30.00' Ci
\ L7 N6017'22-W 40.00'
/ EASTERLY LA CANADA RIGHT-OF-WAY
TRACT 1997
PTN. PARCEL 7 PER 28-PM-85
/ f SEE EASEMENT AREA 2 DETAIL
ts�'�q P082 LEGEND
\�yCl /// \ R-1 RECORD PER 28-PM-85
/ / I 1 R-2 RECORD PER 18-MB-19
>(I e/e/ / R-3 RECORD PER 17-MB-78
/� <�,s' INDICATES FOUND STD.
// \ ` CITY WELL MONUMENT
//it;
25 0 25 50
SCALE 1'■50'-0'
�P/ i
�P \4S
GP mod` POB2 .
i
-... / C0
/ v _
CURVE TABLE
■ \ /
CURVE RADIUS LENGTH DELTA 010110 BEARING CHORD LENGTH REF.
Cl 600,00' 293.22' 28'00'00' N21'30'00'E 290.31' R-1,R-2 .......... i
C2 632.00' 229.99' 20'51'03' S17'55'3114! 228.73'
C3 632.00' 16.002' 01.27'02° NO1313'31'E 16.00' EASEMENT AREA 2
C4 63200' 30.003' 02'4312' N29•42'39'E 30 00' _ SCALE N.T.S.
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
Resolution No. 4455 is a true, full, and correct copy of said Resolution passed
and adopted at a regular meeting of the City Council/Successor Agency to the
Dissolved Arroyo Grande Redevelopment Agency of the City of Arroyo Grande
on the 12th day of June 2012.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 13th
day of June 2012.
KELLY EilORE, CITY CLERK
L