R 3254
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RESOLUTION NO. 3254
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
AUTHORIZING ACQUISITION OF PROPERTY, THE EXPENDING OF FUNDS
THEREFOR, THE DESIGNATION OF PERSONNEL TO ACCEPT DEEDS AND
GRANTS ON BEHALF OF THE CITY AND THE INSTITUTION OF EMINENT
DOMAIN PROCEEDINGS
WHEREAS, California Code of Civil Procedure, Title VII, Sections 1230.020,
1240.010, 1240.020, and 1240.110, and California Government Code Sections
37350.5 et seq. and 40404 authorizes the City of Arroyo Grande ("City") to exercise
the power of eminent domain for the purposes of taking property or property inte,rests
necessary to carry out any of the City's powers or functions; and
WHEREAS, the public interest and necessity require the acquisition of permanent and
temporary easements from portions of the real property hereinafter described as
Assessor Parcel Nos. 007-565-004, 007-522-008, 007-711-004, and 007-711-003,
Arroyo Grande, California, for a public use, namely, the "Newsom Springs Drainage
Project" ("Project"); and
WHEREAS, Grace E. Stilwell, Marianna McClanahan and Sara L. Dickens, Successor
Co-Trustees under the Will of Gordon F. Dixson, William L. ,Caldwell, Dalene S.
Caldwell, Michael Titus, Marilyn Titus, William J. Summerfield, Cheryl L. Summerfield,
Anthony G. Janowicz, Rosemarie Janowicz, Joan Miner Vallem, Priscilla Krinsky,
Nadine Pennington, Maurice Mills, Marjorie E. Mills, John W. Donnan, Sara Donnan,
J. Donald Searcy and Doris T. Searcy are the record owners of the real property to
be acquired herein; and
WHEREAS, the City is authorized to exercise the power of eminent domain for the
purpose of taking such property by virtue of Government Code Sections 37350.5 and
40404 and Code of Civil Procedure Sections 1230.020, 1240.010, 1240.020, and
1240.11; and
WHEREAS, pursuant to Code of Civil Procedure Section 1245.235, notice and
opportunity to be heard was given to the persons shown on the last equalized County
assessment role as the record owners of the property hereinafter described; and
WHEREAS, pursuant to Government Code Section 7267.2, the owners of record
were offered just compensation for the real property hereinafter described, and
provided with a proper Appraisal ~ummary Statement; and
WHEREAS, the Project was designated after extensive study and consultation to be
located in the most advantageous area of the City and in such a way as to impair and
obstruct as little private property as possible and to provide substantially improved
drainage facilities; and
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Resolution No. 3254 .
WHEREAS, the Project is necessary to prevent loss of, or damage to, life, health,
property and essential public services pursuant to California Code of Regulations
("CCR"), Title 14, Section 15269(c).
NOW, THEREFORE, IT IS FOUND, DETERMINED AND RESOLVED by the City
Council of the City of Arroyo Grande as follows:
1. The real property and real property interests to be acquired herein are
described and depicted on Exhibit "A" as a taking in permanent and temporary
easements (portions of APN Nos. 007-565-004, 007-522-008, 007-711-004 and
007-711-003), said Exhibit "An is attached hereto and incorporated herein by this
reference. A diagram of the real property of which the property described in Exhibit
"A" constitutes a portion is attached hereto as Exhibit "B" and incorporated herein by
this reference.
2. The public interest and necessity require the acquisition, construction,
completion and operation of the Project; said Project is a drainage project, a public
use, and the real property described herein is to be taken for such public use.
3. The public interest and necessity require the acquisition of the real
property described above, and the taking of said real property described above and
all interests therein is necessary for the construction, completion and operation of the
Project, and it is hereby directed that said real property and interests described above
is to be acquired by the City, by eminent domain proceedings as hereinafter set forth.
4. Said Project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury; that said Project
will alleviate drainage problems in the specific area in which the property is located
as well as in the general Arroyo Grande area, thus benefiting the general public.
5. That the statutory offer required by Government Code Section 7267.2
has been made to the owners of record.
6. That the Project is necessary to prevent loss of, or damage to, life,
health, property and essential public services pursuant to CCR, Title 14, Section
15269(c) .
7. The City Manager and the City Attorney are authorized and directed to
perform all acts necessary on behalf of the City for the acquisition of said interests
in real property, and said City Manager and City Attorney are further authorized to
instruct Special Condemnation Counsel, HERMAN H. FITZGERALD and/or CHRISTINE
C. FITZGERALD, to prepare, institute, and prosecute to conclusion on behalf of the
City, a proceeding in eminent domain, or any such proceedings as may be required
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Resolution No. 3254
for the acquisition of the property described above which cannot be acquired through
negotiation and purchase and to do any and all other things in connection with such
proceedings as in his/her judgment may be necessary or convenient to the successful
conclusion of said proceeding or proceedings.
8. The City Manager is hereby authorized to expend funds available to the
City for the acquisition of the said real property and interests.
9. The City Manager is hereby individually authorized and directed to
consent to and accept, on behalf of the City, all deeds and grants conveying any
interest in the property as hereinabove described.
10. The City Manager is hereby authorized and directed to record a certified
copy of this Resolution in the Office of the County Recorder of the County of San Luis
Obispo. It may thereafter be referred to in any acceptance by any of the officers or
agents referred to herein with the same effect as though a certified copy of this
Resolution were attached to the document accepted.
11. The City Manager is hereby authorized and directed to make such
changes to the Project as he may deem appropriate to reduce any adverse impacts
thereof on the owners' properties; make any such reductions in the take as he may
deem appropriate to reduce the impact on the owners' remaining properties,
including, without limitation, the authority to abandon, partially abandon, amend,
partially amend, dismiss and/or partially dismiss the above-authorized eminent domain
proceeding.
On motion of Council Member Tolley , seconded by Council
Member Fuller and on the following roll call vote, to wit:
AYES: Council Members Tolley, Fuller, Runels, and Mayor Dougall
NOES: None
ABSENT: Mayor Pro Tern Lady
the foregoing Resolution was passed and adopted this 29th day of October, 1997.
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Resolution No. 3254
ATTEST:
-fl~a. ~
NANCY A. ~VIS, CITY CLERK
ApPROVED AS TO CONTENT:
&aL.ft~
ROBERT L. HUNT, CITY MANAGER
APPROVED AS TO FORM:
ORNEY
I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury that the
foregoing Resolution No 3254 is a true, full and correct copy of said Resolution
passed and adopted at a regular meeting of said Council on the 29th day of
October , 1997.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 4th
day of NOVf:~mheT , 1997.
71 a.~
NANC~VIS, CITY CLERK
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Exhibit A
October 24, 1997
Stilwell
Drainage and Temporary Construction Easement
Drainage Easement
A perpetual easement over portions of Lot 18 and Lot 38 of the Map of parts of the Ranchos Corral
de Piedra, Pismo & Balsa de Chemisal as shown on the Map filed in Book A of Maps, at page 63,
in the San Luis Obispo County Recorders' Office, in the City of Arroyo Grande, County of San Luis
Obispo, State of California, for the purpose of constructing, installing, operating, inspecting,
repairing, maintaining, replacing, improving and removing surface and subsurface drainage
structures and appurtenances thereto and for egress and ingress to carry out such purposes, the
easement is described in Parcel 1, Parcel 2 and Parcel 3 as follows:
PARCEL 1
The easterly 30.00 feet of said Lot 38.
PARCEL 2
That portion of said Lot 38 lying southwesterly of the following described line:
Commencing at a 1/2" rebar in the centerline of Cherry Avenue as shown on the Record of Survey
filed in Book 41 of Licensed Surveys at page 36 in said County Recorders Office being the
southerly lot Corner of of Lots 38 and 39 of Harris Resubdivision of Ranchos Corral de Piedra,
Pismo and Bolsa de Chemisal as shown on the map filed in Book A of Maps at page 63 in said
County Recorders Office; thence along the southerly line of said Lot 38 north 56056'14" east 40.00
feet to the easterly line of Branch Mill Road as shown on said survey; thence continuing along said
southerly line north 560 56' 14" east 15.01 feet to the True Point of Beginning; thence north 310 34'
46" west 45.02 feet; thence south 560 56' 14" west 40.92 feet to a point that is 15.00 feet easterly
of the westerly line of said Lot 38; thence parallel with said westerly line, north 320 43' 27" west
552.76 feet to the northerly line of said Lot 38.
Except therefrom that portion of Branch Mill Road as described in Book 88, page 485 of Deeds,
records of said County.
Page 1 of 7 Pages
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Exhibit A
October 24, 1997
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PARCEL 3
That Portion of said Lot 18 described as follows:
Beginning at Comer S 62 as shown on said map at the northeasterly intersection of Myrtle Street
and Stanley Avenue; thence along the southerly line of said Lot 18, being the northerly line of said
Myrtle Street, north 560 56' 30" east 70.00 feet; thence north 500 51' 17" west95.94 feet to a point
on the westerly line of Lot 18, being the easterly line of said Stanley Avenue, that bears north 090
03' 25" west 100.00 feet from said Comer S 62; thence along said easterly line of Stanley Avenue
south 090 03' 25" east 100.00 feet to the Point of Beginning.
The City of Arroyo Grande shall have the right to install any and all appliances or devices
necessary for the proper repair, maintenance, operation, replacement and improvement of said
surface and subsurface drainage, and the right to clear the easements and keep the same free
of brush, tree or root growth and any other obstruction as may be necessary for the installation,
construction, repair, maintenance, operation, replacement and improvement of said drainage
structures.. Except for the City's drainage structures, appliances, devices and other related
appurtenances, no buildings, structures or other improvements shall be located within the
easements.
Temporary Construction Easement
A temporary easement over a portion of Lot 37 of the Map of parts of the Ranchos Corral de
Piedra, Pismo & Bolsa de Chamisal as shown on the Map filed in Book A of Maps, at page 63, in
the San Luis Obispo County Recorders' Office, in the City of Arroyo Grande, County of San Luis
Obispo, State of California, for the purpose of constructing and installing surface and subsurface
drainage structures and appurtenances thereto and for egress and ingress to carry out such
purposes, described as follows:
The westerly 30.00 feet of said Lot 37.
page 2 of 7 page
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Exhibit nAn
Sheet 3 of 7
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~ lfo1bum L. Wallace &. Associates FILE 2~2.9697
Civil Engineering. Surveying. Planning DRAWING CHERRY.DWG
SCALE 1"-100'
DATE 10-10-97
4115 So. Broad St 85 San Luis Obispo, Ca
(805)544-4011 FAX 544-4294
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Exhibit A
October 24, 1997
Caldwell
Drainage Easement
A perpetual easement over a portion of Lot 90 of the Map of parts of the Ranchos Corral de Piedra,
Pismo & Balsa de Chamisal as shown on the Map filed in Book A of Maps, at page 65, in the San
Luis Obispo County Recorders' Office, in the City of Arroyo Grande, County of San Luis Obispo,
State of California, for the purpose of constructing, installing, operating, inspecting, repairing,
maintaining, replacing, improving and removing surface and subsurface drainage structures and
appurtenances thereto and for egress and ingress to carry out such purposes, the easement is
described as follows:
Commencing at a 1/2" rebar in the centerline of Cherry Avenue as shown on the Record of Survey
filed in Book 41 of Licensed Surveys at page 36 in said County Recorders Office being the
southerly lot Corner of of Lots 38 and 39 of Harris Resubdivision of Ranchos Corral de Piedra,
Pismo and Balsa de Chemisal as shown on the map filed in Book A of Maps at page 63 in said
County Recorders Office; thence along the northerly line of said Lot 90 as shown on said survey,
north 56056'14" east 40.00 feet to the easterly line of Branch Mill Road as shown on said survey,
being the True Point of Beginning; thence along said easterly line south 310 34' 46" east 16.01 feet
to the southerly line of the land described in Book 137 of deeds at page 367; thence along said
southerly line, north 560 56' 14" east 400.00 feet; thence north 330 03' 46" west 16.00 feet to said
northerly line of Lot 90; thence along said northerly line, south 580 56' 14" west 399.59 feetto the
True Point of Beginning.
Except therefrom that portion of Branch Mill Road as described in Book 88, page 485 of Deeds,
records of said County.
The City of Arroyo Grande shall have the right to install any and all appliances or devices
necessary for the proper repair, maintenance, operation, replacement and improvement of said
surface and subsurface drainage structures, and the right to clear the easements and keep the
same free of brush, tree or root growth and any other obstruction as may be necessary for the
installation, construction, repair, maintenance, operation, replacement and improvement of said
drainage structures. Except for the City's drainage structures, appliances, devices and other related
appurtenances, no buildings, structures or other improvements shall be located within the
easements.
page 4 of 7 page
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Exhibit "A"
Sheet 5 of 7
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, JOM L. Wallace &.Associates FILE 232.9697
Civil Engineering. Surveying. Planning DRAWING CHERRY.DWG
SCALE 1"-100'
DATE 10-10-97
4115 So. Brood St B5 Son Luis Obispo, Co
(805)544-4011 FAX 544-4294
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Exhibit A
October 24, 1997
McClanahan - Dickens
Drainage Easement
A perpetual easement over a portion of Lot 90 of the Map of parts of the Ranchos Corral de Piedra,
Pismo & Balsa de Chamisal as shown on the Map filed in Book A of Maps, at page 65, in the San
Luis Obispo County Recorders' Office, in the City of Arroyo Grande, County of San Luis Obispo,
State of California, for the purpose of constructing, installing, operating, inspecting, repairing,
maintaining, replacing, improving and removing surface and subsurface drainage structures and
appurtenances thereto and for egress and ingress to carry out such purposes, the easement being
described as follows :
Commencing at a 1/2" rebar in the centerline of Cherry Avenue as shown on the Record of Survey
filed in Book 41 of Licensed Surveys at page 36 in said County Recorders Office being the
southerly lot Corner of of Lots 38 and 39 of Harris Resubdivision of Ranchos Corral de Piedra,
Pismo and Balsa de Chemisal as shown on the map filed in Book A of Maps at page 63 in said
County Recorders Office; thence along the westerly line of Branch Mill road as shown on said
Survey, south 310 34' 46" east 658.34 feet to an angle point in Branch Mill road as shown on said
Survey; thence along the southerly line of Branch Mill Road as shown on said survey, north 890 06'
04" east 136.85 feet; thence north 0053' 56" west 50.00 feet to a point on the northerly right of way
Branch Mill Road from which an angle pointin said right of way, bears south 890 06' 04" west
120.00 feet, as shown on said Survey, said point being the True Point of Beginning; thence north
0053' 56" west 50.00 feet; thence parallel with the northerly right of way of Branch Mill Road as
shown on said survey, south 890 06' 04" west 91.53 feet to a point that is 50.00 feet easterly of the
easterly right of way of Branch Mill Road as shown on said Survey; thence parallel with the easterly
right of way as shown on said survey, north 310 34' 46" west 482.68 feet; thence north 120 40' 44"
east 42.97 feet to a point that is 70.00 feet southerly of the southerly line of the land described in
the deed filed in Book 137 of Deeds at page 367; thence parallel with said southerly line north 560
56' 14" east 321.80 feet; thence north 330 03' 46" west 70.00 feet to said southerly line; thence
along said southerly line, south 560 56' 14" west 400.00 feet to the easterly line of the road as
described in the deed filed in Book 88 of Deeds at page 485; thence southerly and easterly along
said easterly line of the road described in the deed filed in Book 88 of Deeds at page 485 to the
point of beginning.
The City of Arroyo Grande shall have the right to install any and all appliances or devices
necessary for the proper repair, maintenance, operation, replacement and improvement of said
surface and subsurface drainage structures, and the right to clear the easements and keep the
same free of brush, tree or root growth and any other obstruction as may be necessary for the
installation, construction, repair, maintenance, operation, replacement and improvement of said
drainage structures. Except for the City's drainage structures, appliances, devices and other related
appurtenances, no buildings, stn..ictures or other improvements shall be located within the
easements.
page 6 of 7 page
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Exhibit "A"
Sheet 7 of 7
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Civil Engineering. Surveying' Planning ORAWlNG CHERRY.OWG
SCALE 1"-100'
4115 So. Brood St B5 Son Luis Obispo, Co DATE 10-10-97
(805)544-4011 FAX 544-4294
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ATTACHMENT 2
OWNERS OF 16-FOOT WIDE ROAD PARCEL
.
William L. Caldwell
Dalene S. Caldwell
Michael Titus, Trustee
Marilyn Titus, Trustee
William J. Summerfield
Cheryl L. Summerfield
Anthony G. Janowicz
Rosemarie Janowicz
Joan Miner Vallem
Priscilla Krinsky, Trustee
Nadine Pennington
Maurice Mills
Marjorie E. Mills
John W. Donnan
Sara Donnan
J. Donald Searcy
Doris T. Searcy
The owner of a 1/36th interest
in the parcel is unknown
...._,~...""'''._.-
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A TT ACHMENT 3
October 20, 1997 G.ECEIVED
C!T'{ c;~ ,\2ROYQ G~A.HO;::
c:or~'?) ;:" i In. ') I
CITY OF ARROYO GRANDE J I .., I c_._ ..:~ I \J. (_
214 East Branch
Arroyo Grande, CA 93420
RE: Acquisition by the City of Arroyo Grande of a portion of
real property located at 765 Branch Mill Road, Arroyo Grande,
California (APN(s):007-711-003)
Acknowledging the city's long-term commitment to the preservation
of agricultural land as stated in the current General Plan and
The Land Conservation Contract between the City of Arroyo Grande
and the Gordon F. Dixson Trust, we offer an alternative proposal
to the "Property Acquisition" as presented in the letter from
Christine C. Fitzgerald, Attorney for the City of Arroyo Grande,
dated October 13, 1997. This alternative is proposed to
alleviate the pressing current concern about flooding during the
expected wetter-than-usual winter and to create additional time
for suitable long. range planning to address a drainage project
closer to the sour~e of the problem.
We propose:
1. That the City of Arroyo.Grande obtain a temorary,
limited-term easement of the said real property legally
described in the attached Exhibit A and diagram
(Exhibit B), to address the potential flooding from
this winter's (1997-1998) storms.
2. The said easement would be temporary and limited to
. three years, renewable upon agreement with both
parties. Property owner to be compensated through
a lease agreement with the city based on a price of
$500 an acre per year.
3. The City of Arroyo Gran~e develop a permanent drainage
solution at' the source of the water-problem
at the outlet near Newsom Springs Road.
Respectfully ~mitted. ~-~
~~;t: ~~ ~...<.... J,
~\a.~.~--- \'<\ e. LQ~ &~ (;1.A<./ ) ( o-1'~
Sara L. Dickens, Co-Trustee
Marianna McClanahan, Co-Trustee
Gordon F. Dixson Trust
cc: Chr~st~ne C. F~tzaerald