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Agenda Item 17.

City Council Meeting

Meeting Date:	10/20/2020
FROM:	Bill Gallardo

Subject:

Access Easement Agreements Between Santa 365, LLC & Antoine R. Gadpaille, Trustee of The David W. Ensminger Revocable Living Trust

RECOMMENDATION

Approve Access Easement Agreement with Santa 365, LLC; and
Approve Access Easement Agreement with Antoine R. Gadpaille, Trustee of the David W. Ensminger Revocable Living Trust, Dated September 2, 2018

BACKGROUND/DISCUSSION

City staff, as part of approved Capital Improvement Program Project No.7470, is
working on the final design plans to upgrade existing Booster Station No. 3 located
just off Carbon Canyon Road approximately one mile northeast of Olinda Village. The
upgrades include replacement of electrical and mechanical equipment, as well as
construction of an enclosure to house all of the new equipment including an electric
generator.

As part of the project, an extensive review was conducted to determine if the City had
sufficient property rights to allow access to the City-owned parcel for the proposed
construction. Following the review and research of preliminary title reports and plotted
easements, it was determined that the City-owned parcel did not have proper
easements to either access or construct this project based on the current property
rights. The review found that the City had a land-locked parcel for the facility without
the proper access easement to maintain the pump station within the City-owned
parcel (APN: 315-091-02). The review also found that the existing City parcel was not
large enough to accommodate the proposed footprint for the project. As a result, it
was determined that the proposed project would require a permanent access
easement for ongoing maintenance and right of entry (ROE) rights to support the
construction activities that cross over the two adjacent parcels – APNs 315-091-06
and 315-091-12 (Exhibit A).

An Access Easement Agreement was executed by both private property owners for
the City’s acquisition of permanent easement access and right of entry (ROE). The
Agreement includes the acquisition of both the permanent and temporary rights (ROE)
needed for the project (see Exhibit B).

The following is a summary of the Agreements:

Santa 365, LLC-APN: 315-091-02 (North Parcel):

Purchase Price: $2,600.
Acquisition of a 5,484 square foot Permanent Access Easement and an eight (8) month Right of Entry.
The Permanent Access Easement acquired will provide the City with legal access to the pump station in perpetuity.
The Right of Entry will provide the contractor access to additional areas within the property for purposes of constructing the proposed building structure around the pump facility.
The purchase price is the fair market value offered to the property owner.

Antoine R. Gadpaille, Trustee of the Ensminger Trust - APN: 315-091-06 (South Parcel):

Purchase Price: $5,000.
Acquisition of a Permanent Access Easement totaling 2,650 square feet, which will be utilized for access and future maintenance of the pump facility, along with an eight (8) month Right of Entry.

The City Attorney has reviewed both agreements and approves as to form.

COMMISSION/COMMITTEE RECOMMENDATION

The Finance Committee reviewed staff’s recommendation at their October 13, 2020 meeting and recommended to proceed.

FISCAL IMPACT/SUMMARY

Staff recommends the approval of the two access easement agreements to acquire the property rights needed for the construction of the proposed project and to provide the City with legal access to the pump facility in perpetuity for ongoing maintenance. By not acquiring the permanent and temporary rights, the City would not have legal access to the pump facility or temporary rights to use additional property to support construction. There are sufficient funds in CIP Project No.7470 to pay for the total cost of $7,600 for these easements. There is no impact to the General Fund.

RESPECTFULLY SUBMITTED:

William Gallardo, City Manager
Prepared by: Brian M. Ingallinera, Environmental Services Coordinator
Concurrence: Rudy Correa, Interim Superintendent

Tony Olmos, P.E., Public Works Director

Attachments
Exhibit A
Exhibit B
North Parcel Agreement
South Parcel Agreement