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HomeMy WebLinkAboutReso 13-20 Declaring Necessity to Acquire Easement (Vistra)_certifiedCity of Morro Bay Morro Bay, CA 93442 (805) 772-6205 www.morrobayca.gov CERTIFICATION I, Dana Swanson, City Clerk for the City of Morro Bay, hereby certify that the attached Resolution No. 13-20, adopted by the City Council at 111 regular meeting held on February ll, 2020, is a true and correct copy of the original document. DATED: February 20, 2020 Dana Swanson, City Clerk RESOLUTION NO. 13-20 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, DECLARING THAT PUBLIC INTEREST AND NECESSITY REQUIRE ACQUISITION OF TEMPORARY CONSTRUCTION AND PERMANENT EASEMENT INTERESTS IN A PORTION OF THE PROPERTY KNOWN AS ASSESSOR'S PARCEL NO. 066-331-046 THE CITY COUNCIL City of Morro Bay, California WHEREAS, for the public purposes set forth herein, the City of Morro Bay, California is authorized to acquire property through the exercise of eminent domain pursuant to Section 19 of Article 1 of the California Constitution, Section 1230.010 et seq. of the California Code of Civil Procedure, and Sections 37350, 37350.5 and 40404 of the California Government Code; and WHEREAS, "Project" for the purposes of this acquisition consists of upgrading the City's wastewater treatment and water supply infrastructure, including construction of a new water reclamation facility ("WRF"), new pipelines, and pump stations, conveyance of wastewater to the new WRF and treated recycled water to new wells for groundwater injection/replenishment and potable reuse, and the decommissioning of the existing wastewater treatment plant ("WWTP") (collectively, the 'Project"); and WHEREAS, in order to carry out and make effective the principal purpose of the Project, it is necessary for the City to acquire temporary construction and permanent easement interests (the 'Easement Interests") in a portion of certain privately -owned real property located in the City of Morro Bay, County of San Luis Obispo, California with Assessor's Parcel No. 06&331-046 ("Property"), as more particularly described and depicted in Exhibits "A" and "B" which are incorporated by this reference; and WHEREAS, on or about December 2, 2019, the City made a written offer to the record ownerto acquire the Easement Interests in the Property at an amount that was not less than the appraised fair market value, in compliance with Government Code Section 7267.2(a), and the owner and the City have not been able to reach a negotiated agreement regarding the acquisition of the Easement Interests; and WHEREAS, on January 27, 2020, a Notice of Intent to Adopt a Resolution of Necessity ("Notice of Intent," a copy of which is attached hereto as Exhibit "C" and incorporated by this reference) was mailed to all persons whose names appear on the last equalized County Assessment Roll as having an ownership interest in the Property, and to the address appearing on said Roll and to other addresses, which Notice of Intent advised said persons of their right to be heard on the matters referred to therein on the date and at the time and place stated therein; and WHEREAS, the hearing set out in said Notice of Intent was held on February 11, 2020, at the time and place stated therein and all interested parties were given an opportunity to be heard on the following matters: (a) Whether the public interest and necessity require the Project; (b) Whether the Project is planned or located in a manner which is most compatible with the 01181.0032 629074.E PKL greatest public good and the least private injury; (c) Whether the Easement Interests proposed to be acquired are necessary for the Project; (d) Whether the offer meeting the requirements of Government Code Section 7267.2 has been given; and (e) Whether the offer required by Section 7267.2 of the Government Code was made in the form and substance required by law. WHEREAS, the staff report to the City Council regarding this matter is incorporated herein by this reference in its entirety; and, as a result of such hearing, the City Council has determined that public health, safety, and welfare require the City to acquire the Easement Interests for the stated purposes; and WHEREAS, the City Council, as a result of such hearing, has determined that the public health, safety, and welfare require the City to acquire the Easement Interests for the stated purposes. NOW THEREFORE, BE IT RESOLVED, that the City Council hereby does find; determine, and declare based upon evidence presented to it as follows: Section 1. The facts and conclusions referenced in this Resolution, and the findings made by the City Council herein, are supported by substantial evidence contained in the record of this proceeding, including, but not limited to, the staff report. The staff report, in its entirety, is supportive of all of the findings made in this Resolution. Section 2. The Easement Interests consist of temporary construction and permanent easement interests in the real property located within the City of Morro Bay, County of San Luis Obispo, State of California, Assessor's Parcel No. 06&331-046, and more specifically described in Exhibits "A" and °B" hereto. Section 3. The City Council finds as follows: (a) .The public interest, convenience, and necessity require the Project. The Project consists of upgrading the City's wastewater treatment and water supply infrastructure, including construction of a new WRF, new pipelines, and pump stations, conveyance of wastewater to the new WRF and treated recycled water to new wells for groundwater injection/replenishment and potable reuse, and the decommissioning of the existing VWVTP. The existing WWTP was built in 1954 and provides wastewater treatment services to the City and unincorporated communities within the surrounding area. The WWTP was built before modern State and Federal water quality standards and does not meet federal Clean Water Act (CWA) standards for full secondary VWV treatment. Instead, the TP has been operating under a CWA waiver since 1984. However in 2018, the City received a time schedule order (TSO) from the Central Coast Regional Water Quality Control Board requiring compliance with full CWA secondary treatment requirements by February 2023. Failure to be in compliance by the deadline would result in the City having to pay substantial fines and penalties, in addition to still needing to eventually bring the WWTP into compliance with current water quality standards. As a result, the Project is necessary to replace the WWTP, bring the City into compliance with all State and Federal water quality standards, and provide for water 01181.0032 629074.E PKL reclamation and increased water supply security for the City and surrounding community in light of climate change and water scarcity. . (b) The Project is planned and located in a manner which is most compatible with the greatest public good and the least private injury. The WRF itself will be located away from coastal hazard threats at a more inland and higher elevation to decrease chances of significant adverse impacts on coastal resources. The proposed location of the Project further minimizes adverse impacts on public views, public access, and recreation by being, built on vacant, agricultural land further away from the coastline and outside the immediate vicinity of existing commercial and residential uses. Other potential locations for the Project are technically infeasible, provided poor hydraulics and constructability, or increased adverse environmental impacts. Furthermore, the location of several of the Easement Interests is on property already dedicated for public use as a bikepath. Relocating the Easement Interests would adversely affect more private property not already dedicated to a public use, would adversely affect sensitive cultural resource areas, and would significantly increase construction costs and risks. (c) The taking of the Easement Interests as described above is necessary for the Project. Without the Easement Interests, water and effluents would not be able to be transported to and from the new WRF, the pump stations, or wells, and there would be no injection wells to provide replenishment for groundwater within the area. In other words, without the Easement Interests, the Project could not be constructed. (d) The requirement of Government Code Section 7267.2 that a written offer to purchase the property be made has been met and the offer was made in the form and manner required ,by law. A written offer to purchase the Easement Interests, based on an appraisal of the fair market value %J the Easement Interests, was made to the owner of the Easement Interests on or about December 2, 2019. Section 4. The acquisition of the Easement Interests is authorized by Section 19 ofArticle 1 of the California Constitution, Section 1230.010 et seq. of the California Code of Civil Procedure, and Sections 37350, 37350.5, and 40404 of the California Government Code. Section 5. As to any portion of the Easement Interests that is currently appropriated for a public use, the use for which the Easement Interests is sought to betaken is a more necessary public use, and the City is empowered to take such Easement Interests for a more necessary public use pursuant to Code of Civil Procedure Section 1240.610. Specifically, portions of the Easement Interests are a more necessary public use than the existing public use as a bikepath easement, since the Project cannot be constructed without the Easement Interests being located at the proposed location. Moreover, the proposed Easement Interests for the pipelines, which will be underground, are not anticipated to substantially interfere with or adversely affect the public use of the existing bikepath, and the two public uses may coexist on the Property. Section 6. The environmental impacts and effects of the Project were fully addressed and all obligations imposed by the California Environmental Quality Act have been complied with for the Project. 01181.0032 629074.E PKL Section 7, The City hereby declares its intent to acquire the Easement Interests in the City's name in accordance with the provisions of the law of the State of California and finds that all conditions, statutory requirements and prerequisites to the exercise of the power of eminent domain to acquire the Interests described herein have been complied with by the City. Section 8. The City Council authorizes the City Manager and the City Attorney to execute such documents as may be necessary to implement the acquisition of the Easement Interests and to direct the law firm of Aleshire & Wynder, LLP to commence proceedings in a court of competent jurisdiction, as may be necessary, to acquire the Easement Interests by eminent domain, including the filing of an application for an Order for Possession prior to Judgment, if necessary, in accordance with the provisions of the California Eminent Domain Law and the Constitution of California. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on this 11th day of February 2020, by the following vote: AYES: NOES: ABSENT: ATTEST: Headding, Addis, Heller None 4ANA SWANSON, City Clerk Davis, McPherson Ol 181.0032 629074.E PKL Exhibit A Exhibit A City of Morro Bay WRF Offsite Pipeline Project Vistra Energy - APN 066-331-040 August 2019 Page 1 of 4 Pages Those portions of Lot 1, Lot Line Adjustment 01-97, Case MBAL 97-239, in the City of Morro Bay, County of San Luis Obispo, State of California, as described in the Certificate of Compliance recorded February 26,1998 as Document Number 1998-010270 of Official Records of said County, and as shown on the map filed in Book 77, Page 26 of Record of Surveys In the office of the County Retorder of said County, described as follows: Parcel One A Twenty (20.00j foot wide strip of land, the centerline of which is described as follows: Commencing at the southeast corner of Lot 2, Lot Line Adjustment 01-97, Case MEAL 97-239, as described in the Certificate of Compliance recorded February 26, 1998 as Document Number 1998-010271 of Official Records of said County, being the point common to said Lot 1, said Lot 2, and State Highway 1; Thence, along the easterly line of said Lot 1, S45°31'03"E, a distance of 16.65 feet, more or less to a point on a line parallel with, and lying 20.00 feet southeasterly of, the southeasterly line of said Lot 2; Thence 15C, along said parallel line, N82°25'S6"W, a distance of 65.46 feet; Thence 2"d, continuing along said parallel line, N80°32'04"W, a distance of 49.88 feet; Thence 3rd, continuing along said parallel line, N72°44'42"W, a distance of 34.38 feet; Thence 4`h, continuing along said parallel line, S89°09'33"W, a distance of 45.40 feet; Thence 5`h, continuing along said parallel line, 578°00'S2"W, a distance of 62.75 feet; Thence 6`h, continuing along said parallel line, S56°11'46"W, a distance of 46.12 feet; Thence 7`h, continuing along said parallel line, S36°07'S5"W, a distance of 420.02 feet; Thence 8`h, leaving said parallel line, 513°43'22"W, a distance of 38.91 feet; Thence 9`h, S36°13'22"W, a distance of 173.37 feet; Thence 10`h, 581°13'22"W, a distance of 11.73 feet; Thence 11`h, N53°46'38"W, a distance of 36.26 feet; Thence 12`h, 581°13'22"W, a distance of 62.19 feet; Thence 13"', 569°58'22"W, a distance of 17.65 feet; Thence 14`h, S81°13'22"W, a distance of 25.35 feet; Thence 15'^, N75°48'02"W, a distance of 22.56 feet; Thence 16`h, N87°03'OZ"W, a distance of 26.51 feet; Job No. 0117-01961 0117-01961 Vistra SSFM.docx """ GUIDA ■ ■■■ :.■■■: SURVEYING INC. EXHBIT A-1 Page 1 of 4 Exhibit A City of Morro Bay WRF Offsite Pipeline Project Vistra Energy - APN 066-331-040 August 2019 Page 2 of 4 Pages Thence 17`h, S81°06'34"W, a distance of 85.11 feet; Thence 18`h, 558°36'34"W, a distance of 51.83 feet; Thence 19`h, S36°06'34"W, a distance of 17.87 feet, more or less, to a line parallel with, and lying 10.00 feet northeasterly of, the easterly line of the land quitclaimed to the City of Morro Bay in the Quitclaim Deed recorded May 6, 2015 as Document Number 2015021548 of Official Records of said County, and as shown on the map filed in Book 111, Page 30 of Record of Surveys in the office of the County Recorder of said County; Thence 20`h, along said parallel line, 524°13'11"E, a distance of 548.20 feet, more or less, to the southerly line of said Lot 1, being also a point of the north line of Surf Street. The sidelines of said twenty foot wide strip shall be lengthened or shortened to terminate easterly on said easterly line of Lot 1 and to terminate southerly on said southerly line of Lot 1. Containing 0.85 acres, more or less. Parcel Two Beginning at the southeast corner of Lot 2, Lot Line Adjustment O1-97, Case MBAL 97-239, as described in the Certificate of Compliance recorded February 26,1998 as Document Number 1998-010271 of Official Records of said County, being the point common to said Lot 1, said Lot 2, and State Highway 1; Thence 151, along the easterly line of said Lot 1, S45°31'03"E, a distance of 60.30 feet; Thence 2"d, leaving said easterly line, S84°14'S9"W, a distance of 264.15 feet; Thence 3`d, 545°44'02"W, a distance of 75.30 feet; Thence 4`h, 532°43'13"E, a distance of 100.68 feet; Thence 5"', S32°18'OS"W, a distance of 97.01 feet; Thence 6"', N55°54'38"W, a distance of 153.01 feet, more or less, to the southeasterly line of Parcel One described above; Thence 7`h, along said southeasterly line, S36°07'S5"W, a distance of 51.24 feet; Thence 8`h, leaving said southeasterly line, S53°28'45"E, a distance of 28.38 feet; Thence 9`h, S38°43'47"W, a distance of 203.62 feet; Thence 10`h, S53°39'33"E, a distance of 108.10 feet; Thence 11`h, S48°11'S1"W, a distance of 128.37 feet; Job No. 0117-01961 0117-01961 Vistra SSFM.docx ■■■■■■ :... GUID :■■■■: SURVEYING INC. EXHBIT A-1 Page 2 of 4 Exhibit A City of Morro Bay WRF Offsite Pipeline Project Vistra Energy - APN 066-331-040 August 2019 Page 3 of 4 Pages Thence 12`", N87°54'46"W, a distance of 365.86 feet, more or less, to a point on the southerly line of Parcel One described above; Thence 13`", leaving said southerly line, 542°44'S3"W, a distance of 57.37 feet; Thence 14`", S27°24'45"E, a distance of 551.72 feet, more or less, to the southerly of said Lot 1; Thence 15`", along last said southerly line, S89°11'34"W, a distance of 64.81 feet, more or less, to the southeasterly corner of the land quitclaimed to the City of Morro Bay in the Quitclaim Deed recorded May 6, 2015 as Document Number 2015021548 of Official Records of said County, and as shown on the map filed in Book 111, Page 30 of Record of Surveys in the office of the County Recorder of said County; Thence 16`", along said easterly line and its northwesterly prolongation, N24°13'11"W, a distance of 489.11 feet; Thence 17`", leaving said easterly line, N53°38'01"W, a distance of 75.08 feet;. Thence 18`", N38°37'27"E, a distance of 50.00 feet; Thence 19`", S53°38'01"E, a distance of 20.25 feet, more or less, to the northwesterly line of Parcel One described above; Thence 20`", along said northwesterly line, N36°06'34"E, a distance of 5.46 feet to an angle point therein; Thence 215`, continuing along said northwesterly line, N58°36'34"E, a distance of 55.81 feet to an angle point therein; Thence 22"d, leaving said northwesterly line, N35°51'31"E, a distance of 167.15 feet; Thence 23'd, S54°08'29"E, a distance of 211.37 feet; Thence 24`", N36°04'14"E, a distance of 155.98 feet; Thence 25`", N27°35'18"E, a distance of 45.89 feet, more or less, to an angle point in the northwesterly line of Parcel One described above, being also a point on the southeasterly line of said Lot 2; Thence 26`", along said southeasterly line, N36°07'S5"E, a distance of 423.77 feet; Thence 27`", continuing along said southeasterly line, N56°11'46"E, a distance of 49.82 feet to an angle point therein; Thence 28`", continuing along said southeasterly line, N78°00'S2"E, a distance of 65.65 feet to an angle point therein; Thence 29`", continuing along said southeasterly line, N89°09'33"E, a distance of 47.97 feet to an angle point therein; Job No. 0117-01961 0117-01961 Vistra SSFM.docx """ GUIDA ■ ■ ■■■ :■■■■: SURVEYING INC. EXHBIT A-1 Page 3 of 4 Exhibit A City of Morro Bay WRF Offsite Pipeline Project Vistra Energy - APN 066-331-040 August 2019 Page 4 of 4 Pages Thence 30'h, continuing along said southeasterly line, S72°44'42"E, a distance of 35.29 feet to an angle point therein; Thence 315�, continuing along said southeasterly line, S80°32'04"E, a distance of 49.03 feet to an angle point therein; Thence 32"d, continuing along said southeasterly line, 582°25'56"E, a distance of 51.98 feet to the Point of Beginning. Excepting therefrom all of Parcel One described above. Containing 2.14 acres, more or less. This description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Justin P. Height, PLS 6167 Job No. 0117-01961 0117-01961 Vistra SSFM.docx Date """ GUIDA ■ ■■■ :■■■■: SURVEYING INC. EXHBIT A-1 Page 4 of 4 Exhibit A City of Morro Bay WRF Offsite Pipeline Project Vistra Energy - APN 066-331-040 August 2019 Page 1 of 3 Pages Those portions of Lot 1, Lot Line Adjustment 01-97, Case MEAL 97-239, in the City of Morro Bay, County of San Luis Obispo, State of California, as described in the Certificate of Compliance recorded February 26, 1998 as Document Number 1998-010270 of Official Records of Bald County, and as shown on the map filed in Book 77, Page 26 of Record of Surveys in the office of the County Recorder of said County, described as follows: Parcel One A seventy (70.00) foot wide strip of land, more particularly described as follows: Beginning at the northeasterly corner of said Lot 1, being also a point on the westerly line of State Highway 1 as shown on said Record of Survey; Thence 15`, along the easterly line of said Lot 1, S20°06'26"E, a distance of 550.31 feet to an angle point therein, Thence 2"d, continuing along last said easterly line, S23°32'35"E, a distance of 307.51 feet to an angle point therein, being the beginning of anon -tangent curve to the left, concave easterly, the radial center of which bears N67°54'00"E, a distance of 4080.00 feet; Thence 3'd, continuing along last said easterly line, and along said curve through a central angle of 05°02'10", an arc distance of 358.61 feet to the northeast corner of Lot 2, Lot Line Adjustment 01-97, Case MEAL 97-239, as described In the Certificate of Compliance recorded February 26, 1998 as Document Number 1998-010271 of Official Records of said County, being the point common to said Lot 1, said Lot 2, and said State Highway 1; Thence 4"', along the northerly line of said Lot 2, N85°42'10"W, a distance of 81.78 feet, more or less, to a point on a line parallel with, and lying 70.00 feet westerly of, said easterly line of Lot 1, said point being the beginning of anon -tangent curve to the right, concave easterly, the radial center of which bears N63°27'10"E, a distance of 4150.00 feet; Thence 5`h, along said parallel line, and long said curve through a central angle of 04°26'06", an arc distance of 321.24 feet; Thence 6`h, continuing along said parallel line, N23°32'35"W, a distance of 308.73 feet; Thence 7`", continuing along said parallel line, N20°06'36"W, a distance of 566.24, more or less, to the northerly line of said Lot 1; Thence 8`h, along said northerly line, N81°03'50"E, a distance of 71.35 feet to the Point of Beginning. Containing 1.94 acres, more or less. Job No. 0117-01961 0117-01961 Vistra Strips.docx EXHBIT A-2 ""' GUIDA ■ ■■■ t :■■■■: SU�age�� of�C. Exhibit A City of Morro Bay WRF Offsite Pipeline Project Vistra Energy - APN 066-331-040 August 2019 Page 2 of 3 Pages Parcel Two Commencing at the northeast corner of Lot 2, Lot Line Adjustment 01-97, Case MBAL 97-239, as described in the Certificate of Compliance recorded February 26, 1998 as Document Number 1998-010271 of Official Records of said County, being the point common to said Lot 1, said Lot 2, and said State Highway 1; Thence, along the northerly line of said Lot 2, N85°42'10"W, a distance of 81.78 feet, more or less, to a point on a line parallel with, and lying 70.00 feet westerly of, said easterly line of Lot 1, said point being the True Point of Beginning; Thence 15`, continuing along said northerly line of Lot 2, N85° 42' 10"W, a distance of 189.28 feet to an angle point therein; Thence 2"d, continuing along said northerly line of Lot 2, S75° 19' 23"W, a distance of 421.36 feet to an angle point therein; Thence 3'd, leaving said northerly line of Lot 2, N59° 01' 01"W, a distance of 131.30 feet; Thence 4`h, N55° 22' 26"W, a distance of 295.99 feet; Thence 5`h, N53° 44' 39"W, a distance of 87.99 feet; Thence 6`h, N87° 18' 25"W, a distance of 31.08 feet; Thence 7`h, 578° 49' 13"W, a distance of 357.71 feet; Thence 8`h, S73° 34' 2411W, a distance of 328.38 feet; Thence 9`h,36' 40"W, a distance of 173.29 feet, more or less, to a point on the westerly line of said Lot 1, Thence 10111, along said westerly line of Lot 1, N08° 56' 10"W, a distance of 30.61 feet, more or less, to a line parallel with, and lying 30.00 feet northerly of, the 9`h course described herein; Thence 11'h, along last said parallel line, N69° 36' 40"E, a distance of 168.25 feet, more or less, to a line parallel with, and lying 30.00 feet northerly of, the 8`f' course described herein; Thence 12`h, along last said parallel line, N73° 34' 24"E, a distance of 321.25 feet; Thence 13`h, N110 10' 4711W , a distance of 70.87 feet, more or less, to a line parallel with, and lying 100.00 feet northerly of, the 7`h course described herein; Thence 141h, along last said parallel line, N78° 49' 13"E, a distance of 380.76 feet, more or less, to a line parallel with, and lying 100.00 feet northerly of, the 6"' course described herein; Thence 15"', along last said parallel line, S87° 18' 25"E, a distance of 73.41 feet, more or less, to a line parallel with, and lying 100.00 feet northeasterly of, the 5"' course described herein; Job No. 0117.01961 • "" GUIDA 0117-01961 Vistra Strips.dou m ��'0 EXHBIT A-2 mammon SUelt o�IC. Exhibit A City of Morro Bay WRF Offsite Pipeline Project Vistra Energy - APN 066-331-040 August 2019 Page 3 of 3 Pages Thence 16`h, along last said parallel line, 553° 44' 39"E, a distance of 116.72 feet, more or less, to a line parallel with, and lying 100.00 feet northeasterly of, the 4`h course described herein; Thence 17`h, along last said parallel line, S55° 22' 26"E, a distance of 291.38 feet, more or less, to a line parallel with, and lying 100.00 feet northeasterly of, the 3'd course described herein; Thence 18`h, along last said parallel line, S59° 01' 01"E, a distance of 59.00 feet, Thence 19`h, N87° 10' S0"E, a distance of 94.04 feet, more or less, to the intersection of a line parallel with, and lying 100.00 feet northerly of, the 2"a course described herein, and a line parallel with, and lying 450.00 westerly of, the 6`h course of Parcel One described above; Thence 20`h, along said line parallel with the 2"d course described herein, N75° 19' 23"E, a distance of 322.82 feet, more or less, to a line parallel with, and lying 100.00 feet northerly of, the 151 course described herein; Thence 215`, along last said parallel line, S85° 42' 10"E, a distance of 148.14 feet, more or less, to a polnt on a line parallel with, and lying 70.00 feet westerly of, said easterly line of Lot 1, said point being the beginning of anon -tangent curve to the left, concave easterly; the radial center of which bears N65°02'52"E, a distance of 4150.00 feet; Thence 22"d, along last said parallel line, and long said curve through a central angle of 01°35'42", an arc distance of 115.53 feet to the True Point of Beginning. Containing 3.82 acres, more or less. This description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Justin P. Height, PLS 6167 Job No. 0117-01961 0117-01961 Vistra 5trips.docx Date EXHBIT A-2 """ GUIDA ■ ■■■ y l :■■■■: SU�tageiN oi�C. Exhibit A City of Morro Bay WRF Offsite Pipeline Project Vistra Energy - APN 066-331-040 August 2019 Page 1 of 1 Pages That portion of Lot 1, Lot Line Adjustment 01-97, Case MEAL 97-239, in the City of Morro Bay, County of San Luis Obispo, State of California, as described in the Certificate of Compliance recorded February 26, 1998 as Document Number 1998-010270 of Official Records of said County, and as shown on the map filed in Book 77, Page 26 of Record of Surveys in the office of the County Recorder of said County, described as follows: Commencing at the northeast corner of Lot 2, Lot Line Adjustment 01-97, Case MBAL 97-239, as described in the Certificate of Compliance recorded February 26, 1998 as Document Number 1998-010271 of Official Records of said County, being the point common to said Lot 1, said Lot 2, and State Highway 1; Thence, along the northerly line of said Lot 2, N85°42'10"W, a distance of 81.78 feet, more or less, to a point on a line parallel with, and lying 70.00 feet westerly of, said easterly line of Lot 1, said point being the beginning of a non -tangent curve to the right, concave easterly, the radial center of which bears N63°27'10"E, a distance of 4150.00 feet; Thence, along said parallel line, and along said curve, through a central angle of 01°35'42", an arc distance of 115.53 feet, more or less, to a point on a line parallel with, and lying 100.00 feet northerly of, the northerly line of said Lot 2, said point being the True Point of Beginning; Thence 15`, continuing along the line parallel with the easterly line of Lot 1, and continuing northerly along said curve, through a central angle of 02°50'24", an arc distance of 205.71 feet; Thence 2"d, continuing along last said parallel line, N23°32'35"W, a distance of 308.73 feet Thence 3'd, continuing along last said parallel line, N20°06'36"W, a distance of 117.27 feet; Thence 4`h, leaving last said parallel line, S69°53'24"W, a distance of 20.00 feet; Thence 5`h, 524°53'25"W, a distance of 253.12 feet; Thence 6`h, S66°27'25"w, a distance of 247.68 feet, more or less, to a line parallel with, and lying 450.00 westerly of, the 2nd course described herein; Thence 7`h, along last said parallel line, S23°32'35"E, a distance of 345.79 feet, more or less, to a line parallel with, and lying 100.000 feet northerly of, the northerly line of said Lot 2; Thence 8`h, along last said line parallel line, N75° 19' 23"E, a distance of 322.82 feet; Thence 9`h, continuing along last said parallel line, S85° 42' 10"E, a distance of 148.14 feet to the True Point of Beginning. Containing 4.43 acres, more or less. This description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Justin P. Height, PLS 6167 Job No. 0117-01961 0117-01961 Vistra Yard.docx Date EXHIBIT A-3 """ GUIDA ■ ■■■ B N N Exhibit B �-. cn °; o�m� a r o� � �� 1n a `' tao� m a� � LL ,N o •- __________ ________� = � Z N M (`,0'� � I I z � � W m w a I � I I I � a m � �• I I I �� ,�i Z� �/ G N �i � �' � � � I V�' O/S+ ' C�'�Q� O I ; � U I O z � W ... i i ��' O3� � U I I I �d� W U ..�::: • :•:::. � :•: • � � W Q IQ ... ; J, n. ... �-------i----------------� Ya � a � FW- � Q Iw � � � m�0 � � � � �---------^----------- '�--- -•� � W O o a a�� �_ m^ CNN o �zo LO .-I N � � Q T'' � r o. �., }-,Qtrq _trNN � � wow �' � ���m Np�ca O � mwp � R5 t� W ti ��� 0.. n. ��O 0. E O �' o.�� z H Ca i� � � N0W � q �,`=:}; Z Z S � Q F- � F— � L' p Z$ r V � -� . 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Z ■�� ■ -� ■����� EXHIBIT B-3 Page 1 of 2 �' Wt,.: � avi w� m q w a z ozo � -J o c z�W� = N�NO �N /t/ RN Q.M o w �- '- m °' " � n�.�UZJ � _'r, SO +:corn � r-Om4 p J �J �'� E,.. ooa ��R� zo v m oar"' .. �fll� to .�LLQ�o v �� � � N �( d a 3„OI,�G�9�1-- — v W m u, a .-. p m Q ° ,� �> ,-. ,� �, �' .-. " `? O \T 1%�.'``` � \1�`� r \ � Vr`�r �,��,iOr'"�� `, '�,4� i"��`\r � � �,� '',,��`� r� �^'� L\ i' �lyr � r E�.�j� /\t �y ��f `\,r�1,S..�?ri�f�` �� .r \, / A.. � � / V "^J�y��/ h� 'ter A �" V `' \/� �`� j-' i—� � � �� ' ,' � l �. � \ r `. /"til A '� �r `�lli '��� ,� �j���������%,; CNN !' ' J J O U] �,� .� dN-N �_' I� M � oa � 0o Q iMl�t'') NOOp�Nd� Z po �1n�r"nO�-(�ry00prpp- � O Op II II M.-NNNMM.- �/ is _J _J '— z Z � ftl s3OO=�� ���'"" WWW y00 �, OOO�Od'tc')t[')tt')1+)O TOOMMNNNMN.- pN y Nin�NtOt�Mf�NO�N `oaeCi � W�d'd't'MOo�'si'iOI�U�in � W� pp it II NNcONc�Nf�o� .�Z� �p U Z tY JY z z to to cn vJ z (n ' 0 0 � rn r- Q m .-- N t7 d- to tO J� 00 0 N W JL � O ti QZU�z o Q ... ui � 5 �,-zg� a� � m w w ■ � �... ■� ���,■ o � � ■������ ■ o ■ ���■ Z ■����� ° EXHIBIT B-3 Page 2 of 2 T, IW CITY OF MORRO BAY K January 27, 2020 CITY HALL 595 Harbor Street Morro Bay, CA 93442 VIA REGULAR AND CERTII'IED MAIL RETURN RECEIPT REQUESTED VISTRA ENERGY, flca DYNEGY Morro Bay, LLC flca LSP Morro Bay, LLC fka Duke Energy Morro Bay, LLC 10777 Westheimer, Suite 975 Houston, TX 77042 Eric Cherniss VI stra Energy 5555 Sierra Drive Irving, TX 75039 VISTRA ENERGY, flca DYNEGY Morro Bay, LLC c/o Pillsbury Winthrop, et al. 50 Fremont Street, Suite 1009 in Francisco, CA 94105 Re: APN: 066-331-046 (City of Morro Bay) Property: Morro Bay Water Reclamation Facility Project Subject: Notice of Intent to Adopt Resolution of Necessity Dear Properly Owner: On December 2, 2019, the City of Mono Bay (the "City") rnade an offer to purchase several easements on the property identified as Assessor's Parcel No. 066-331-046 , in the City of Morro Bay, California. The City reiterates its previous offer to purchase the easements for $200,000, subject to the conditions stated in the offer. You are also hereby notified that the City intends to consider the adoption of a resolution of necessity authorizing acquisition of the easements in the property by eminent domain. The City's governing body will consider that resolution at a meeting to be held at the following time and place: Date: February 11, 2020 Time: 5:30 p.m. Location: City of Morro Bay, California Veterans Memorial Hall, 209 Surf Street, Morro Bay, You have the right to appear at the meeting and be heard on the following issues: 1. Whether the public interest and necessity require the project;o 2. Whether the project is planned and located in the manner that will be most O1181.0032/615G61.1 www.morrobayca.gov � (805) 772-6201 � www.facebool<.com/CityofMorroBay January 27, 2020 Page 2 compatible with the greatest public good and the least private injury; 3. Whether the easement in the property sought to be acquired is necessary for the project; 4. Whether the offer required by Section 7267.2 of the Government Code has been made to the owners(s) of record; and 5. Whether the offer required by Section 7267.2 of the Government Code was made in the form and substance required by law. NOTICE: If you fail to file a written request to be heard at.the hearing within 15 Jays after the date of this letter, then the City may decide not to hear or consider any evidence which you may have to present. Please also be advised that, if you do not appear and present information to the City at the hearing, then you may be precluded fiom later challenging the City's authority to acquire the easements in the property through its use of the power of eminent domain. Neither the pendency of the City's consideration of the resolution of necessity, nor the initiation of formal eminent domain proceedings, in any way prevents further negotiations from occurring for the acquisition of an easement in the property, and the City will be most willing to continue such negotiations. 6200. If you have any comments or questions, please do not hesitate to contact me at (805) 772- Thank you for your cooperation in.this matter. V Scott Collins City Manager cc: Rob Livick, PE/PLS, Public Wprlcs Director (via email) Clvistopher Neumeyer, City Attorney (via email) 01181.0032/G 15661. I