HomeMy WebLinkAboutItem No.6CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
TO: Mayor and City Council
FROM: Ron Molendyk, City Manager
DATE: December 14, 1993
SUBJECT: San Jacinto River Channel
Easement for Construction and Use
BACKGROUND
The City of Lake Elsinore is re- constructing the Lakeshore Drive
Bridge. In order to construct the bridge, the San Jacinto River`
Channel must be widened and improved to carry a 100 -year flood
event without damaging the bridge. Widening the Channel requires
the acquisition of property, along, the west - side of the channel from
Sportman's Lodge, a General Partnership.
DISCUSSION
Albert W. Pattison,._Property Appraiser,_ set the value of -the
required property at $1,000. 'An offer to purchase was made on
January 10, -1993, and it was subsequently rejected,by Mr. Gregory,
A. Block, the managing partner of Sportman's Lodge. However, Mr.
Block agreed to, give the City -a Right, of Entry Permit, for ,
construction purposes.
Since then, the other partner has passed away, and the descendant's
assets are being administered by a Creditor's Committee. The
Committee secured a legal firm to handle the property disposition.
The firm proposed an "Easement for Construction and Use" to be
executed in place of the Right of Entry Permit.
Essentially the "Easement for Construction and Use" gives the City
the right to enter the property for the purpose of constructing and
maintaining the Flood Control Project while the value is negotiated
and purchase can _be:accomplished. Among other; things., .it states
that: should any agreement for value not be reached, the City will
commence eminent; domain proceedings within (6) months after -
granting the easement. Further, it states that the City will pay
(12) percent of- the agreed property value for the use of the
construction easement. Interest will accrue to the date of payment.
FISCAL IMPACT
Sufficient Redevelopment Agency funds have been appropriated,in the -
.,
1992/93 budget for property acquisition to construct the San
Jacinto River Channel Project , 11
RECOMMENDATION:,
1. Accept the attached "Easement for Construction' and Use" `
document and-,have the Mayor sign where appropriate.
2. Direct.the City Clerk to submit the document to the Riverside
County Recorder for recording.
Prepared By:
Approved By:
Approved Fox
Agenda Listl
AGENDA ITEM NO.
\ PA3�_—L_. OF-1 --
WHEN RECORDED PLEASE "AIL
TNIS INSTRLIMENT TO:
CITY CLERK
CITY OF LUKE ELSINORE
130 SOUTN RAIN STREET _ -
LAKE ELSINORE, CA 92530
RECORDING REOUESTED BY
DEPARTMENT OF PUBLIC SERVICES - TNIS SPACE FOR RECORDER'S USE ONLY -
NO TRANSFER TAX WE
This Easement For Construction And Use ( "Easement") is made
as of this _ day of October, 1993, by and between the City of
Lake Elsinore (the "City ") and Sportsman Lodge, a general
partnership (the "Owner ").
A. The City seeks to acquire 'a portion of real property
owned in fee by the Owner and located in Lake Elsinore,
California. For purposes of this Easement, the part which the
City seeks to acquire shall be referred to as the "Subject
Property." (Attached hereto as Exhibit "A" and incorporated
herein by reference is ,a legal description of the Subject
Property.) The entire parcel owned by the Owner, including the
Subject Property, shall be referred to as the "Owner's Property."
The portion of the Owner's Property which the City does not seek
to acquire shall be referred to as the "Remainder Property." The
purpose of the City's acquisition is for the purpose of
AGENDA ITEMS P.0. � Y-
PAGE 1- OF ,r -
constructing and maintaining 6 flood control channel improvement
and related appurtenances (the "Flood Control Project ").
B. On or about January 10, 1993,.the.City offered to .
acquire the Subject Property from the Owner for the sum of
$1,000. The Owner rejected this offer
'i C. The City commenced negotiations for the purchase and
sale of the Subject Property. These negotiations are still
continuing. If the negotiations are unsuccessful, -the City has
agreed to commence an eminent domain proceeding to take the
Subject Property.,
D. While negotiations continue,,'the City seeks an easement
for construction and use of the Subject Property for the purpose
of commencing work on its Flood Control Project.
E. The Owner has determined to grant such an easement and
allow entry by the City onto the Subject Property, but only upon
i
the terms and conditions set forth in -this Easement.
NOW, THEREFORE, in consideration of the foregoing and upon
the covenants, conditions and obligations hereinafter set forth,
the parties hereto agree as follows: -
x
AGENDA ITEM NO.— (ov— —
PAGE,4 OF1,[._
1. - Incorporation of.Recitals. The above Recitals are
incorporated herein by reference.
2. Easement For Construction And Use. The Owner hereby
grants the City the Easement for the Subject Property for the
purpose of constructing and maintaining its Flood Control,
Project. The City shall not permit any other party, except the
City's duly authorized representatives, employees.. agents,
contractors and subcontractors to enter onto or use the subject
Property during the term of this Easement.
3. -- Consideration. The owner grants this Easement in
consideration for:
(a) The City's-obligation to compensate the owner in
an amount equivalent to twelve percent (12 %) per annum of the
fair market value of the Subject Property.for the period of the
Easement, plus interest on all sums paid for the Easement at the
rate of twelve percent (12 %) per annum from the effective- date of
Easement to and including the date of payment.: The fair market
value of the Subject Property to be used herein shall.be that
value determined in a valuation trial or by stipulation or other
agreement between the Owner and the City; and
(b) The City's obligation to negotiate, without any
unnecessary delay, with the Owner and any other person, if any,
having any right, title, or interest in the Subject Property, to
agree upon terms of compensation and that, if any agreement
3
AGENDA ITEId r% D.
N1 PAGE-41—OF_j4L-
cannot be reached; the City shall, commence eminent domain
proceedings to have such a compensation determined, with said .
proceedings to be commenced not less than six (6) months after
the granting of this Easement. _
4. No t of nn,nnehsatien Or other" Remedies Under
MM vent Domain Law.
It is understood by -City and owner that the Easement-granted to the City is not a waiver either of the right to claim
compensation for interests taken in any or all of the owner's.'=.
Property or -of any remedy authorized by to secure payment,
therefor..
5. -_ h R bt' T Enter nr,to The owner's Remainder Pro oertv._
The Easement granted herein does not extend to any portion
of the Owner's Remainder Property: The City shall not use any.'
portion of the Remainder Property for the construction or
maintenance of its Flood Control Project, including, but not
limited to, such activities as the storage or deposit,of_any
vehicles, construction equipment, dirt, materials- supplies or
any other object,=or use as a temporary egress and ingress
easement. If the City enters onto, or uses, the Remainder
Property, the owner shall be entitled to-compensation for the
City's use of"the Remainder Property in an eminent domain
proceeding or inverse condemnation action. Interest on the
compensation for the City's - use -of the Remainder Property, if
J
AGENDA ITEM NO.
PAGE.., OF--4L—
—.
any, shall accrue at the rate of 12% per year, compounded
quarterly.
The City shall be responsible for any damage or loss
proximately caused by the City and /or its representatives,
employees, agents, contractors, subcontractors, partners, joint
venture partners, related and affiliated associations, divisions,
subsidiaries and any governmental agency or entity, to the
Owner's Property.. The .City shall provide insurance to protect
against any loss or damage, or provide evidence of adequate means,
of self- insurance. All persons present on the Subject Property,
Remainder Property or Owner's Property to construct and maintain
the Flood Control Project shall be covered by acceptable and
adequate insurance coverage as provided for by the City. Owner
will be named an additional insured on any insurance policy.
7. owner Not Liable. The City hereby indemnifies: and
holds the owner and the owner's Property free and harmless from
and against any loss, damage, injury, liability or claim.of any
kind or character including, without limitation,. any mechanics,
material, contractors,.or subcontractors liens, and any.
attorneys' fees and costs, to any person or property arising
from, or caused by, any use of the owner's Property by or on
behalf of the City, and /or caused by or arising from any act or
s
AGENDA ITEMS NO.
NI PAGE—L OF
omission of the City I and /or any of its representatives,
employees, agents, contractors, subcontractors, partners, j "oint
venture partners, "related and affiliated associations, entities,
and any governmental entity. The City,'as a material part of the
consideration for this Easement, waives all claims against the
owner for any loss, damage, liability, claim or injury of or to
the City or others, and shall indemnify and hold the owner and
the owner's Property harmless as provided in this paragraph. The
owner's right to indemnity shall include payment of any judgment,
settlement, defense costs,.attorney's fees, expert witness fees
and costs, including such fees and costs incurred with
anticipated or threatened litigation.
S. Duration of Easement. - The easement interest granted by
this Easement shall commence upon the date of execution and
approval thereof by the Owner and the "City and shall terminate
upon the earliest of the following datesi
(a) The date of recordation'of'conveyance'document
conveying fee simple interest of the Subject Property to the
City;
(b) The effective date of an order for possession of
the Subject Property granted pursuant to Code of Civil Procedure
section 1255.410;
(c) The date of dismissal for any reason of any
eminent domain proceeding brought by the City to take the Subject
Property; or
6
AGENDA ITEM NO.
�, pAGE.�OF--&�
(d) The date of recordation of a Notice of Termination
of any Right of Entry.Permit.
The termination of the Easement shall not eliminate,
restrict or render void or moot the owner's right to
compensation.
9. Recordation of Easement. The City is authorized to
record this Easement with the County Recorder of the County of
Riverside, California.
10. Assicnability. This Easement cannot be assigned by the
City, whether voluntarily or by operation of law, and the City
shall not permit the use of the Subject Property, or any part
thereof, except in strict compliance with the provisions hereof.
11. Miscellaneous. This instrument constitutes the entire
agreement between the parties hereto pertaining to the subject
matter herein. _No supplements, modifications or amendments of
this Easement shall be binding unless in writing or executed by
the parties hereto. This instrument shall be construed and
enforced in accordance with, and governed by, the laws of the
State of California.
12. Legal Fees. In the event of the bringing of any action
or suit by.a party hereto against the other party hereunder
alleging a breach of any of the covenants, conditions, agreements
7
AGENDA ITEM. NO.��
PAGE OF—IL_
or provisions of this Easement, Owner, if found to 1)6 the
prevailing party, shall recover all costs and expenses of suit,
including reasonable attorneys' fees and fees of expert
witnesses.
a
s
AGENDA ITEM ISO. � /
PAGE 4— 0-r_&_
IN WITNESS WHEREOF, the parties hereto have executed.this.
Easement as of the day and year first above written.
GRANTOR: SPORTSMAN'S DODGE, a General Partnershiv
BY
M" LOU 01611119111
STATE OF •.-
PUIL
COUNTY 0
On &Hp4XLP^ c�'74 1993 before me,
7ersonally appeared
personally knows to
me (or 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(s) on the instrument the person(s) or the
entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
9
AGENDA ITEM NO.
PAGES 09 O" —�---
EASEMENT FOR CONSTRUCTION AND USE
DATED: FROM: Sportsman's Lodge, a General Partnership
TO THE CITY OF LAKE ELSINORE, A MUNICIPAL CORPORATION AND A
POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA, IS HEREBY
ACCEPTED BY THE UNDERSIGNED OFFICER ON BEHALF OF THE CITY OF LAKE
ELSINORE, AND THE GRANTEE CONSENTS TO THE RECORDATION THEREOF BY
ITS DULY AUTHORIZED AGENT.
THIS ACTION WAS APPROVED BY THE LAKE ELSINORE CITY COUNCIL
DURING REGULAR SESSION ON
DATED:
BY:
VICKI LYNNE KASAD, CITY CLERK
CITY OF LAKE ELSINORE, CALIFORNIA
10
AGENDA ITEM NO. 69
!• PAGE -.4 OF—.6L