Agenda Item A.9
CONSENT CALENDAR
Meeting Date: September 19, 2023
TO: Mayor and Councilmembers
FROM: Charles W. Ebeling, Public Works Director
CONTACT: Teresa Lopes, Senior Project Engineer
SUBJECT: Approve Right of Way Agreement and accept Grant Deed for property required for the San Jose Creek Multipurpose Path Northern and Southern Segments Project
RECOMMENDATION:
A. Approve and Authorize the City Manager to execute the Right of Way Agreement with Paul S. Kellogg and Rita L. Diewold, Trustees of the KD Living Trust; Phyllis E. Kellogg; and Roma L. Simpson, Trustee of Roma L. Simpson Trust for Assessor Parcel Number 071 -090-074, including any required escrow transactional documents; and
B. Authorize the City Clerk to accept the Grant Deeds of property required from Assessor Parcel Number 071-090-074 owned by Paul S. Kellogg and Rita L.
Diewold, Trustees of the KD Living Trust; Phyllis E. Kellogg; and Roma L.
Simpson, Trustee of Roma L. Simpson Trust for the San Jose Creek Multipurpose Path Northern and Southern Segments Project.
BACKGROUND:
The San Jose Creek Bike Path - Northern and Southern Segments Project (Project) (Capital Improvement Program Project No. 9006), an Activ e Transportation Program (ATP) project, will construct a multipurpose path adjacent to San Jose Creek connecting areas north of U.S. Route 101 with the Class I Atascadero Creek Bikeway (Obern Trail) east of State Route 217. The purpose of the Project is to close the multipurpose path gap in the regional active transportation network. The Project will provide a direct and continuous route for bicyclists and pedestrians from north of Calle Real to commercial and residential areas within Goleta Old Town and to the existing Class I Atascadero Creek Bikeway providing access to Goleta Beach Park, the University of California Santa Barbara (UCSB) and to the City of Santa Barbara.
The City of Goleta (City) was awarded approximately $18 million in ATP grant funding at the California Transportation Commission meeting on January 30, 2019. 1 Meeting Date: September 19, 2023
Project Right of Way Impacts:
The San Jose Creek Multipurpose path will impact 13 parcels that are not owned by the City. This includes 8 parcels along the Northern Segment and 5 al ong the Southern Segment. Of these 13 parcels 2 are owned by Caltrans, 5 are owned by Santa Barbara County (including 2 owned by County Flood Control), 1 parcel is owned by Union Pacific Railroad (UPRR), and 5 are owned by private owners (including 1 owned by Southern California Gas Company). Permanent Easements and/or Temporary Construction Easements (TCEs) are required from each of these properties to construct the San Jose Creek Multipurpose Path.
Dewberry Engineers, Inc. prepared right-of-way impact mapping based on the Project’s final profile and alignment. In early spring of 2023 appraisals were conducted by Hamner and Jewell Associates (HJA). Right of Way (ROW) mapping including Plats delineating the easement boundaries and Legal Descriptions of the boundaries were prepared by MNS Engineers for the impacted properties. An appraisal was also conducted for the UPRR property as required by their Construction and Maintenance Agreement process.
Offer letters were prepared by HJA and the City Council granted authorization to proceed with ROW acquisition offers based on the appraisals during closed session on May 2, 2023. Offer letters were sent to the affected property owners on May 10, 2023.
The following table lists the permanent easements and TCEs requ ired from the private properties, which are included in the offer packages.
APN OWNER
Permanent
Easement
TCE
SQFT SQFT
Northern Segment
071-350-009 Ochsner / Common Area 2,326 --
071-090-074 Kellogg/Diewold KD Trust; Kellogg;
Roman L. Simpson Trust
31,808 --
071-090-083 Schwan Brothers Properties, LLC 5,027 --
071-090-082 Goleta Storage Owner, LLC 2,923 3,285
-- --
Southern Segment
071-200-011 Southern California Gas Company 5,093 15,837 -- --
Public Works staff have been in discussions with Caltrans, Santa Barbara County and UPRR regarding the easements required on their properties and these acquisitions will be handled through the various agreements and permits required by each agency.
2 Meeting Date: September 19, 2023
DISCUSSION:
HJA submitted o ffer letters for permanent easements and temporary construction easements from 5 affected properties . Three of the property owners have signed the ROW Agreements and Grant D eeds. These properties consist of APN 071 -350- 009 located at 70 S. Kellogg Ave owned by Ochsner/Common Area and APN 070 -090-083 located at 20 S. Kellogg Ave owned by Schwan Brothers Properties, LLC. The ROW Agreements and Easement Deeds for these two properties were brought to City Council on August 15, 2023, for approval and acceptance. For the third property, APN-071-090- 074 located at 50 S. Kellogg Avenue owned by Kellogg/Diewold KD Trust , Kellogg, and Roman L. Simpson Trust (Kellogg/Simpson Trust), the property owners have signed the ROW agreement for the City to ac quire the property needed in fee rather than a permanent easement. The offer which was originally approved for this property by Council during the May 2, 2023, closed session consisted of the following:
Owner APN /Property
Address
DOV Value
Kellogg/Simpson
Trust
071-090-074
50 S. Kellogg Ave.
Goleta, CA 93117
3/16/2023 $603,000 – Permanent trail
easement
$140,000 – TCE
$743,000 - Total
Relocation Assistance to tenant
for site clearance : Estimate
obtained from tenant is $248,400.
Additional estimate pending.
Since the offer package was presented to the owners some changes took place with the project design and property. Martin Marrieta, the original tenant and operators of the batch plant located on the property, sold the batch plant to Holliday Rock. The property owner fully disclosed the details of the project, the impending property acquisition and impacts to the property and existing batch plant facilities when signing a new lease with Holliday Rock. Currently the batch plan operations have shut down and have ceased to operate over the past two months. As a result , the cost owed to the original tenant for impact to the existing storage bunkers has been removed from the current agreement. In addition, the tempor ary construction easement (TCE) is no longer needed for the project construction and that cost has been removed as well. The Kellogg/Simpson Trust has signed the agreement to purchase the area originally identified as permanent easement in fee for a total of $603,000.
A Preliminary Title Report was obtained for the properties, and it showed that there are no identified issues or title encumbrances listed that are of concern in obtaining the acquisition of the property in fee. All deeds of trust affecting individual owners will be cleared as part of the escrow process, which will commence immediately after approval of the Right of Way Agreement and Grant Deed. The City will not take ownership of the property until title has been cleared as part of the escrow process. 3 Meeting Date: September 19, 2023
FISCAL IMPACTS:
Based on the appraisal reports and offer letters prepared by HJA, the appraised value of the fee acquisition at the property totals $603,000. Funds for the acquisition of the ROW required for the construction of the Project are included in the approved FY 202 3/24 budget. As such, no additional appropriations are required at this time.
Overall Project Costs
Based on updated project cost estimates, there is currently an estimated unfunded amount of $8,785,740 million for construction costs. Public Works staff is working with Finance staff to explore additional options to close the $8,785,740 million gap prior to the construction bid award currently scheduled for late 2024.
Table 1 outlines the estimated costs for the Project.
Table 1: Estimated Project Costs
Project Components Estimated Costs Funding Source Funding Amounts Conceptual Design $1,837,267 TDA (202) $27,135
Environmental $698,750 DIF (Transportation
220) $4,729,665
Final Design $3,540,983 RSTP (305)
(grant) $30,689
Land Acquisition/Right-
of-Way $2,220,000 Measure A (205) $1,245,000
Construction $21,235,589 Measure A (206) $438,378
Construction
Management and
Inspection (CMT)
$3,469,911 ATP Grant (318)
$17,960,000
Construction Oversight
Staff and Consultant
Time
$315,446 TCSP – Federal
(407) $76,510
Redevelopment
Project Fund (601) $24,829
TBD/Unfunded $8,785,740
Total: $33,317,946 Total: $33,317,946
4 Meeting Date: September 19, 2023
Table 2 below summarizes the project budget amounts and funding sources.
Table 2: Project FY 22/23 Carryover & FY 23/24 & 24/25 Funding Fund Type Account FY 22/23
Projected
Carryover
FY 23/24
Budget
FY 24/25
Budget
Total
Available
Budget
TDA 202-90-9006-
57070
(Design)
$27,135 $0 $0 $27,135
Measure A 205-90-9006-
57070
(Design)
$243,992 $0 $0 $243,992
Measure A 205-90-9006-
57071
(Construction)
$250,000 $500,000 $250,000 $1,000,000
Measure A -
Grant
206-90-9006-
57071
(Construction)
$0 $438,378 $0 $438,378
Transportation
DIF
220-90-9006-
57050 (Land
Acquisition)
$1,345,713 $0 $0 $1,345,713
Transportation
DIF
220-90-9006-
57070
(Design)
$355,768 $0 $0 $355,768
RSTP 305-90-9006-
57070
(Design)
$10,150 $0 $0 $10,150
ATP Grant 318-90-9006-
57050 (Land
Acquisition)
$669,000 $0 $0 $669,000
ATP Grant 318-90-9006-
57070
(Design)
$2,000,000 $0 $0 $2,000,000
ATP Grant 318-90-9006-
57071
(Construction)
$650,000 $0 $14,641,000 $15,291,000
TBD - Other 995-90-57071 $0 $4,000,000 $734,933 $4,734,933 Unfunded 999-90-57071 $0 $0 $4,050,807 $4,050,807
Total $5,551,758 $4,938,378 $19,676,740 $30,166,876
5 Meeting Date: September 19, 2023
ALTERNATIVES:
The City Council may elect not to authorize the City Manager to execute the Right of Way Agreement and the City Clerk to accept the Grant Deed from Kellogg/Simpson Trust for the San Jose Creek Multipurpose Pat h Project. Doing so would delay acquisition of the property necessary for construction of the project which could put the grant funding for the project in jeopardy.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager
ATTACHMENTS:
1. Right of Way Agreement with Paul S. Kellogg and Rita L. Diewold, Trustees of the KD Living Trust; Phyllis E. Kellogg; and Roma L. Simpson, Trustee of Roma L.
Simpson Trust for Assessor Parcel Number 071-090-074
2. Grant Deed with Paul S. Kellogg and Rita L. Diewold, Trustees of the KD Living Trust; Phyllis E. Kellogg; and Roma L. Simpson, Trustee of Roma L. Simpson Trust for Assessor Parcel Number 071-090-074
6 ATTACHMENT 1
Right of Way Agreement with Paul S. Kellogg and Rita L. Diewold, Trustees of the KD Living Trust; Phyllis E. Kellogg; and Roma L. Simpson, Trustee of Roma L. Simpson Trust for Assessor Parcel Number 071-090-074
7 ________________________________________________________________________________________________________ APN: 071-090-074 Goleta/San Jose Creek Path/Kellogg-Diewold-Simpson/Right of Way Agreement 2023-08-09
ASSESSOR PARCEL NO.: 071-090-074
PROJECT: City of Goleta – San Jose Creek Trail Project OWNER: Kellogg-Diewold-Simpson
RIGHT OF WAY AGREEMENT
(WITH ESCROW INSTRUCTIONS)
THIS AGREEMENT is made and entered into by and between
Paul S. Kellogg and Rita L. Diewold, Trustees of the KD Living Trust dated November 20, 2019; Phyllis E. Kellogg, a married woman as her sole and separate property; and Roma L.
Simpson, as Trustee of the Roma L. Simpson Trust dated March 11, 1991 (hereinafter collectively called “Grantor”), and
The City of Goleta, a California municipal corporation (hereinafter called “City”).
An instrument in the form of a Grant Deed (“Deed”) covering the property particularly described therein (“Property”), shall be executed by Grantor and delivered to City representatives promptly following the date that this Agreement is fully executed by the parties.
In consideration of which, and other considerations hereinafter set forth, it is mutually agreed as follows:
1. The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for said document and shall relieve the City of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement, except as stated in Paragraphs 2.E. and 2.F. below.
2. The City shall:
A. PAYMENT - Pay to the order of the Grantor the sum of SIX HUNDRED THREE THOUSAND DOLLARS ($603,000) as consideration in full for the Property, for the loss, replacement and moving of any improvements, and for entering into this Agreement. Said sum shall be paid when title to the Property has vested in City free and clear of all liens, encumbrances, assessments, easements and leases recorded or unrecorded, except for recorded public utility easements and public right of way.
B. RECORDATION OF INSTRUMENT - Accept the Deed and cause the same to be recorded in the office of the Santa Barbara County Recorder at such time as when clear title can be conveyed.
C. MISCELLANEOUS COSTS - Pay any escrow, title insurance, and recording fees incurred in this transaction.
D. CLEARANCE OF BONDS, ASSESSMENTS, OR DELINQUENT TAXES - Have the authority to deduct and pay from the amount shown in Paragraph 2.A. above any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which the Deed records, together with penalties and interest thereon, and/or delinquent and unpaid non- delinquent assessments which have become a lien as of the date of recordation of the Deed.
DocuSign Envelope ID: D48D5252-6EB3-4DD8-B8A4-EB921403650A 8 ________________________________________________________________________________________________________ APN: 071-090-074 Goleta/San Jose Creek Path/Kellogg-Diewold-Simpson/Right of Way Agreement 2023-08-09
E. CONSTRUCTION AND RESTORATION – Shall protect in place or relocate and restore any drain lines that traverse the Property, to allow unimpeded drainage from the remainder of Grantor’s property to the creek, across the Property being conveyed to City by the Deed.
Vegetation removed as part of City’s project construction will be restored with native vegetation.
City shall have the right to clear all improvements and materials from the Property if any are not cleared by Grantor or Grantor’s tenant at the commencement of City’s construction.
F. INDEMNIFICATION - Indemnify and hold harmless Grantor from any and all claims, damages, costs, judgments, or liability proximately caused by City or its officers, employees, or agents specifically arising from City construction and restoration work on the Property.
3. The Grantor:
A. PAYMENT ON MORTGAGE OR DEED OF TRUST - Agrees that any or all monies payable under this Agreement up to and including the total amount of the unpaid principal and interest on the note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with the terms and conditions of said mortgage(s) or deed(s) of trust, shall upon demand(s) be made payable to the mortgagee(s) or beneficiary(s) entitled thereunder.
Grantor shall cooperate with the Escrow Officer and City in obtaining lien clearance documents from any and all creditors holding liens against the Property.
B. LEASE INDEMNIFICATION - Warrants there are no oral or written leases, nor any other possessory interests, on all or any portion of the Property described in the Deed, or if there are any such leases or possessory interests affecting the Property described in the Deed, Grantor agrees to hold the City harmless and reimburse City for any and all of its losses and expenses occasioned by reason of any such parties claiming any rights, title or interests, including but not limited to any leasehold or any other possessory interests in said Property.
C. PERMISSION TO ENTER - Hereby grants to the City, its agents and contractors, permission to enter the Property prior to the close of escrow for the purposes of preparation for the construction of the City’s facilities, subject to all applicable terms and conditions contained in this Agreement and the associated Deed.
D. HAZARDOUS SUBSTANCES - Represents and warrants, to the best of Grantor’s knowledge, and after reasonable inquiry, the following:
During Grantor’s ownership of the Property, Grantor knows of no disposal, releases, or threatened releases of hazardous substances on, from, or under the Property or Grantor’s remaining adjacent property. Grantor further represents and warrants that Grantor has no knowledge of disposal, release, or threatened release of hazardous substances on, from, or under the Property, or Grantor’s remaining adjacent property, which may have occurred prior to Grantor’s ownership.
There is no pending claim, lawsuit, agency proceeding, or any administrative challenge concerning the presence or use of hazardous substances on or within the Property or Grantor’s remaining adjacent property.
Grantor has not used the Property, or Grantor’s remaining adjacent property, for any industrial operations that use hazardous substances. Grantor is not aware of any prior use of such DocuSign Envelope ID: D48D5252-6EB3-4DD8-B8A4-EB921403650A 9 ________________________________________________________________________________________________________ APN: 071-090-074 Goleta/San Jose Creek Path/Kellogg-Diewold-Simpson/Right of Way Agreement 2023-08-09
property. Grantor has not installed any underground storage tanks, above ground storage tanks, barrels, sumps, impoundments or other containers used to contain hazardous substances on any part of the Property or Grantor’s remaining adjacent property. Grantors are not aware of any such prior installations other than Grantor hereby discloses that there was an underground storage tank on the Property installed by a tenant in the westerly portion of Grantor’s remaining adjacent property. To the best of Grantor’s knowledge and Grantor hereby states that such tank was removed and the removal of this tank intact was certified and no measurable contamination was found in the surrounding soils. Grantor further discloses that the batch plant yard, operated by lessees, has a wash basin adjacent to the Property being acquired by City. This is visible on the Property and its existence is hereby further disclosed by Grantor to City. The purchase price of the Property being acquired reflects the fair market value of the Property without the presence of contamination. If the Property is found to be contaminated by the presence of hazardous substances which require mitigation under Federal or State law, City may elect to recover its cleanup costs from those who caused or contributed to the contamination.
E. TAX REPORTING AND WITHHOLDING - The Foreign Investment in Real Property Tax Act of 1980 ("FIRPTA"), as amended, places special requirements for tax reporting and withholding on the parties to a real estate transaction where the transferor (Grantor) is a non- resident alien or non-domestic corporation or partnership, or is a domestic corporation or partnership controlled by a non-resident or non-resident corporation or partnership. In accordance with the provisions of Section 1445 of the Internal Revenue Code of 1986, as amended, and any regulations promulgated thereunder, Grantor shall execute an affidavit under penalty of perjury setting forth Grantor’s name, address, federal tax identification number, and certifying whether Grantor is a "foreign person" in accordance with the provisions of the Internal Revenue Code.
Further, tax withholding may be required in accordance with the California Revenue and Taxation Code Section 18662. It is specifically understood and agreed by Grantor that closing of this escrow is subject to, and contingent upon, deposit into escrow of a FIRPTA Affidavit of Non- Foreign Status and a California Form 593, Real Estate Withholding Certificate and associated required paperwork, completed and signed by Grantor, and Escrow Agent is hereby authorized and instructed to withhold from Grantor’s proceeds amounts so required by these laws and to forward any amounts withheld to the appropriate taxing authority.
4. The Parties agree:
A. ESCROW - At City’s option, to open an escrow in accordance with this Agreement at an escrow company of City’s choice. Opening an escrow shall be at City’s sole discretion and City may decide to process this transaction without the use of an escrow agent. However, if an escrow agent is utilized, this Agreement constitutes the joint escrow instructions of City and Grantor, and the escrow agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to do all acts necessary to close this escrow in the shortest possible time.
If an escrow is utilized, as soon as possible after opening of escrow, City will deposit the executed Deed by Grantor, with Certificate of Acceptance attached, with the escrow agent on Grantor's behalf. City agrees to deposit the purchase price upon demand of escrow agent. City and Grantor agree to deposit with escrow agent all additional instruments as may be necessary to complete this transaction. All funds received in this escrow shall be deposited with other escrow funds in a general escrow fund account(s) and may be transferred to any other such escrow trust DocuSign Envelope ID: D48D5252-6EB3-4DD8-B8A4-EB921403650A 10 ________________________________________________________________________________________________________ APN: 071-090-074 Goleta/San Jose Creek Path/Kellogg-Diewold-Simpson/Right of Way Agreement 2023-08-09
account in any State or National Bank doing business in the State of California. All disbursements shall be made by check or wire transfer from such account.
Any taxes which have been paid by Grantor, prior to opening of this escrow, shall not be pro-rated between City and Grantor, but Grantor shall have the sole right after close of escrow, to apply to the County Tax Collector of said County for any refund of such taxes which may be due Grantor for the period after City’s acquisition.
i) ESCROW AGENT DIRECTIVES - Escrow Agent is authorized to, and shall:
a) Pay and charge Grantor for any unpaid delinquent taxes and/or any penalties and interest thereon, and for any delinquent assessments or bonds against that portion of Grantor's property subject to this transaction as required to convey clear title.
b) Pay and charge City for any escrow fees, charges and costs payable under Paragraph 2.C. of this Agreement;
c) Disburse funds and deliver Deed when conditions of this escrow have been fulfilled by City and Grantor.
d) Following recording of Deed from Grantor, provide City with a CLTA Standard Coverage Policy of Title Insurance in the amount of $603,000 issued by First American Title Company showing that title to the Property is vested in City, subject only to the following exceptions, and the printed exceptions and stipulations in said policy:
1) Real Property Taxes for the fiscal year in which escrow closes; 2) Public utility easements and public rights of way;
3) Item Nos. 1-4 and 8-12 of the preliminary title report issued by First American Title Company, dated November 10, 2022, referenced as Order No. 4201-6926387; and
4) Other items that may be approved in writing by City in advance of the close of escrow.
ii) CLOSE OF ESCROW - The term "close of escrow", if and where written in these instructions, shall mean the date necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is hereby authorized.
B. RIGHT OF POSSESSION - It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this Agreement, the right of possession and use of the Property by the City (within the areas described in the Deed), including the right to remove and dispose of improvements, shall commence on the date the amount of funds as specified in Paragraph 2(A) herein are deposited into the escrow controlling this transaction. The amount shown in Paragraph 2(A) herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date.
DocuSign Envelope ID: D48D5252-6EB3-4DD8-B8A4-EB921403650A 11 ________________________________________________________________________________________________________ APN: 071-090-074 Goleta/San Jose Creek Path/Kellogg-Diewold-Simpson/Right of Way Agreement 2023-08-09
C. JUDGMENT IN LIEU OF DEED - In the event Grantor does not deliver title in a reasonable time under the terms of the Agreement, the City may file an action in eminent domain to pursue the acquisition of the Property described in the referenced Deed, and this Agreement shall constitute a stipulation which may be filed in said proceedings as final and conclusive evidence of the total amount of damages for the taking, including all of the items listed in Section 1260.230 of the Code of Civil Procedure, regarding said property rights.
D. ARTICLE HEADINGS - Article headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants and conditions of this Agreement.
E. TITLE VI CIVIL RIGHTS ACT COMPLIANCE - The parties to this contract shall, pursuant to Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT-Non-Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21 and 28 C.F.R. Section 50.3.
No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this contract.
F. COMPLETE UNDERSTANDING - This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, superseding all negotiations, prior discussions, and preliminary agreements or understandings, written or oral.
This Agreement may not be amended except in writing by the parties hereto or their successors or assigns.
G. COUNCIL/BOARD APPROVAL - This Agreement is subject to and conditioned upon approval by City. This Agreement is not binding upon the City until executed by the appropriate City official(s) acting in their authorized capacity.
H. COUNTERPARTS - This Agreement may be executed in counterparts, each of which so executed shall irrespective of the date of its execution and delivery be deemed an original, and all such counterparts together shall constitute one and the same document.
I. ELECTRONIC AND FACSIMILE SIGNATURES – In the event that the parties hereto utilize electronic or facsimile documents which include signatures, such documents shall be accepted as fully binding and as full force and effect the same as if they bore original signatures.
Documents for recordation by the Clerk Recorder must contain original signatures.
N
o Obligation Other Than Those Set Forth Herein Will Be Recognized.
Signatures on following pages…
DocuSign Envelope ID: D48D5252-6EB3-4DD8-B8A4-EB921403650A 12 ________________________________________________________________________________________________________ APN: 071-090-074 Goleta/San Jose Creek Path/Kellogg-Diewold-Simpson/Right of Way Agreement 2023-08-09
GRANTOR:
Paul S. Kellogg and Rita L. Diewold, Trustees of the KD Living Trust dated November 20, 2019
By:
_________________________________ Dated: ______________________ Paul S. Kellogg, Trustee
By:
_________________________________ Dated: ______________________ Rita L. Diewold, Trustee
Ph
yllis E. Kellogg, a married woman as her sole and separate property _____________________________________
Dated: ______________________
Phyllis E. Kellogg
Rom
a L. Simpson, as Trustee of the Roma L. Simpson Trust dated March 11, 1991 By:
_________________________________ Dated: ______________________ Roma L. Simpson
Trustee
GRANTOR’S MAI LING ADDRESS:
Paul S. Kellogg and Rita L. Diewold,
Phyllis E. Kellogg, and Roma L. Simpson
11840 Wasatch Rd.
Longmont, CO 80504-8025
Signatures continue on following pages…
DocuSign Envelope ID: D48D5252-6EB3-4DD8-B8A4-EB921403650A 8/9/2023
8/10/2023
8/10/2023
8/10/2023
13 ________________________________________________________________________________________________________ APN: 071-090-074 Goleta/San Jose Creek Path/Kellogg-Diewold-Simpson/Right of Way Agreement 2023-08-09
CITY OF GOLETA, a municipal corporation
By: _________________________________ Dated: ______________________ Robert Nisbet
City Manager
ATTEST:
By: _________________________________
Deborah Lopez
City Clerk
APPROVED AS TO FORM:
By: _________________________________ Dated: ______________________ Megan Garibaldi
City Attorney
MAILING ADDRESS OF CITY:
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
DocuSign Envelope ID: D48D5252-6EB3-4DD8-B8A4-EB921403650A 14 ATTACHMENT 2
Grant Deed with Paul S. Kellogg and Rita L. Diewold, Trustees of the KD Living Trust; Phyllis E. Kellogg; and Roma L. Simpson, Trustee of Roma L. Simpson Trust for Assessor Parcel Number 071-090-074
15 _______________________________________________________________________________ APN: 071-090-074 City of Goleta/San Jose Creek Multi-Purpose Path/Kellogg-Diewold-Simpson/Grant Deed 1 Recording requested by:
Hamner, Jewell & Associates
Government Real Estate Services
When recorded, return to:
City of Goleta
Attn: City Clerk
130 Cremona Drive, Suite B
Goleta, CA 93117
________________________________________________________________________________ Exempt from the $75 Building and Jobs Act Fee per Gov’t Code §27388.1(2)(D) Public Agency No fee pursuant to Government Code § 6103
No Documentary Transfer Tax per R&T Code § 11922
No Recording Fee per Government Code § 27383
APN: 071-090-074
GRANT DEED
(for multi-purpose trail)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Paul S. Kellogg and Rita L. Diewold, Trustees of the KD Living Trust dated November 20, 2019; Phyllis E. Kellogg, a married woman as her sole and separate property; and Roma L.
Simpson, as Trustee of the Roma L. Simpson Trust dated March 11, 1991 (hereinafter referred to collectively as “GRANTOR”),
hereby grants to the
CITY OF GOLETA, a municipal corporation, its successors and assigns (“CITY”),
In Fee
That certain real property in the City of Goleta, County of Santa Barbara, State of California described in Exhibit “A” and depicted in Exhibit “B”, each attached hereto and incorporated herein.
This Deed may be executed in counterparts, each of which so executed shall irrespective of the date of its execution and del ivery be deemed an original, and all s uch counterparts toge ther shall constitute one and the same instrument.
Signatures on following page
DocuSign Envelope ID: D48D5252-6EB3-4DD8-B8A4-EB921403650A 16 APN: 071-090-074 City of Goleta/San Jose Creek Multi-Purpose Path/Kellogg-Diewold-Simpson/Grant Deed 2 GRANTOR:
Paul S. Kellogg and Rita L. Diewold, Trustees of the KD Living Trust dated November 20, 2019 By: ___
__________________________________
Paul S. Kellogg, Trustee
By: _____________________________________
Rita L. Diewold, Trustee
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of _____________________
C
ounty of ________________
On
______________________ before me, _________ ______________________________, N o tary Public, personally appeared Paul S. Kellogg , who proved to m e o n t he basis of sa t isfactory e vidence to b e the person(s) whose name(s) is/are subscribed to the wi thi n instrument and acknowledged to me th a t he/she/they executed the same in his/her/their au t horiz ed capacity(ies), an d t ha t by his/her/their signature(s) on the i
nstrument the person(s), or the entity upon behalf of which the pe rson(s) acted, executed t he instrument.
I
certify u nder PENALTY OF PERJURY u nder t he laws of t he State of California that t he foregoing paragraph is t rue and co rrect.
WITNESS my hand and of ficial seal.
Signature __________________________ (Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of ______________________
C
ounty of ________________
On ______________________ before me, _________ ______________________________, No tary Public, p
ersonally appeared Rita L. Diewold, w ho proved to me on the ba s is o f s atisfactory evidence to b e the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me th a t he/she/they executed the same in his/her/their au thorized capacity(ies), and t hat by his/her/their s ignature(s) on the instrument the person(s), or the entity upon behalf of which the pe rson(s) acted, executed t he instrument.
I
certify u nder PENALTY OF PERJURY u nder t he laws of t h e State of California that t he foregoing paragraph is tr ue and co rrect.
WITNESS my hand and official seal.
Signature __________________________ (Seal)
___________________________________________________________________ ____________ DocuSign Envelope ID: D48D5252-6EB3-4DD8-B8A4-EB921403650A 17 _____
__________________________________________________________________________ APN: 071-090-074 City of Goleta/San Jose Creek Multi-Purpose Path/Kellogg-Diewold-Simpson/Grant Deed 3 Phyllis E. Kellogg, a married woman as her sole and separate property ____
_____________________________________
Phyllis E. Kellogg
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of ________________
On ______________________ before me, _______________________________________, Notary Public, personally app eared Phyllis E. Kellogg, who proved to me on the basis of satisfactory eviden ce 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 aut horized capacity(ies), and that by h is/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 th at the foregoing paragraph is true and correct.
WITN
ESS my hand and official seal.
Sig
nature __________________________ (Seal)
Ro
ma L. Simpson, as Trustee of the Roma L. Simpson Trust dated March 11, 1991 By: _____
________________________________
Roma L. Simpson, Trustee
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of ________________
On ______________________ before me, _______________________________________, Notary Public, personally app eared Roma L. Simpson, who proved to me on the basis of satisfactory eviden ce 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/th eir authorized capacity(ies), an d t hat 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 Ca lifornia that th e foregoing paragraph is true and correct.
WITN
ESS my hand and official seal.
Sig
nature __________________________ (Seal)
DocuSign Envelope ID: D48D5252-6EB3-4DD8-B8A4-EB921403650A 18 _____
__________________________________________________________________________ APN: 071-090-074 City of Goleta/San Jose Creek Multi-Purpose Path/Kellogg-Diewold-Simpson/Grant Deed 4 CERTIFICATE OF ACCEPTANCE
ST
ATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) s.s.
CITY OF GOLETA )
GOVE
RNMENT CODE SECTION 27281
Th
is is to certify that the interest in real property conveyed by the GRANT DEED dated _________________________, from Paul S. Kellogg and Rita L. Diewold, Trustees of the KD Living Trust dated November 20, 2019; Phyllis E. Kellogg, a married woman as her sole and separate property; and Roma L. Simpson, as Trustee of the Roma L. Simpson Trust dated March 11, 1991, collectively GRANTOR therein, to the CITY OF GOLETA a municipal corporation, is hereby accepted by the undersigned City Clerk on behalf of the City of Goleta pursuant to authority conferred by Resolution No. 08-01 of the Goleta City Council adopted on January 15, 2008, and the City of Goleta as GRANTEE consents to the recordation thereof by its duly authorized officer.
CITY OF
GOLETA
By:
_________________________________ Date: _____________________________ Deborah S. Lopez
City Clerk
DocuSign Envelope ID: D48D5252-6EB3-4DD8-B8A4-EB921403650A 19 C:\Box\Projects\CIGOL Goleta\CIGOL.180244.00 San Jose Creek Middle Extents Survey\Survey Data\RW Engineering\APN 071-090-074 ROW4\2023-07-12_EXB A ROW4 071-090-074.doc EXHIBIT _A__
LEGAL DESCRIPTION
(APN 071-090-074)
PARCEL 4: FEE
A portion of land in the City of Goleta, County of Santa Barbara, State of California, being a por
tion of Parcel A of Parcel Map No. 12,824 as per map recorded in Book 23, Pages 17-19 of Parcel Maps in the Office of the County Recorder of said County, more
particularly described as follows:
Commencing at the northeasterly corner of Parcel C per Parcel Map No. 13,327 as per map recorded in Book 40, Pages 44-46 of said County; thence, along the northerly line of said Parcel C, S84°12’01”W, 44.58 feet; thence, S15°54’11”E, 42.46 feet to the beginning of a tangent curve; thence, along the arc of said curve having a radius of 200.00 feet, being concave westerly with a central angle of 30°32’27”, in a southerly direction a distance of 106.61 feet; thence, S14°42’16”W, 14.18 feet to a point on the s
outherly line of Parcel A per said Parcel Map No. 13,327; thence, S19°24’43”W, 88.43 feet to a point on the southerly line of Parcel D per said Parcel Map No. 13,327, being a point on the northerly
line of Parcel A per said Parcel Map No. 12,824, also being the Point of Beginning; thence,
1st. S19°24’43”W, 68.04 feet to the beginning of a non-tangent curve; thence, 2nd. Along the arc of said curve having a radius of 78.01 feet, being concave northwesterly having a radial bearing of N65°13’35”W with a central angle of 51°31’47”, in a southwesterly direction a distance of 70.16 feet; thence, 3rd. S76°00’21”W, 379.83 feet to the beginning of a tangent curve; thence, 4th. Along the arc of said curve havin g a radius of 187.00 feet, being concave southeasterly with a central angle of 56°44’25”, in southwesterly direction a distance of 185.19 feet; thence,
5th. S19°15’56”W, 129.58 feet to a point the southerly line of said Parcel A per Parcel Map No. 12,824; thence, along the southerly, southeasterly and northerly lines of said Parcel A the following eight (8) courses:
6th. S89°01’12”E, 27.29 feet; thence,
7th. N17°32’55”E, 192.74 feet; thence,
8th. N63°35’55”E, 125.11 feet; thence,
9th. S85°27’05”E, 146.53 feet; thence,
10th. N72°33’55”E, 257.75 feet; thence,
11th. N53°29’55”E, 95.38 feet; thence,
12th. N19°31’55”E, 93.41 feet; thence,
13th. S84°12’01”W, 80.16 feet to the Point of Beginning.
Containing an area of 31,808 square feet, more or less.
DocuSign Envelope ID: D48D5252-6EB3-4DD8-B8A4-EB921403650A 20 C:\Box\Projects\CIGOL Goleta\CIGOL.180244.00 San Jose Creek Middle Extents Survey\Survey Data\RW Engineering\APN 071-090-074 ROW4\2023-07-12_EXB A ROW4 071-090-074.doc Bearings and distances used herein are based on the California Coordin ate System of
1983, Zone 5.
This real property description was prepared by me, or under my direction, in conformance with the Professional Land Surveyor’s Act.
Signature: Date: 02/08/2023
Shane C. Sobecki, PLS
DocuSign Envelope ID: D48D5252-6EB3-4DD8-B8A4-EB921403650A 21 APN 071-090-074
PARCEL A
PM NO.12,824
BK 23, PGs 17-19
APN 071-300-CA
APN 071-090-083
PARCEL D
PM NO.13,327
BK 40, PGs 44-46
APN 071-010-010
PARCEL A
PM NO.13,327
BK 40, PGs 44-46
APN 071-090-082
PARCEL C
PM NO.13,327
BK 40, PGs 44-46
STATE HIGHWAY U.S. 101
APN 071-280-CA
PARCEL B
PM NO.10,726
BK 3, PG 53
APN 071-090-047
INST. No. 2002-0087304 O.R.
PARCEL C PM NO.10,726 BK 3, PG 53
APN 071-090-048
INST. No. 11102, BOOK 2227,
PAGE 682 OF OFFICIAL RECORDS
"FLOOD CONTROL CHANNEL"
S19°24'43"W
68.04'
Δ=51°31'47"
R=78.01'
L=70.16'
S76°00'21"W
379.83'
Δ=56°44'25"
R=187.00'
L=185.19'
S19°15'56"W
129.58'
S89°01'12"E
27.29'
N63°35'55"E
125.11'
N72°33'55"E
257.75'
N53°29'55"E
95.38'
N19°31'55"E
93.41'
N65°13'35"W
RAD
S15°54'11"E
42.46'
Δ=30°32'27"
R=200.00'
L=106.61'
S14°42'16"W
14.18'
S19°24'43"W
88.43'
S84°12'01"W
80.16'
S84°12'01"W
44.58'
N17°32'55"E
192.74'
S85°27'05"E
146.53'
CIGOL.180244.00 * ESMTs.dwg * 3/1/2023 * JY/RCS * E-FILE N
EXHIBIT _B___
Parcel 4: FEE
(APN 071-090-074)
City of Goleta
County of Santa Barbara
State of California
±31,808 SQ. FT.
LEGEND
POC: Point of Commencement
POB: Point of Beginning
RAD: Radial
SHANE C. SOBECKI
No. 9041
PROFESSIONAL LAND SURVEYOR
STATE OF CAL I FORNIA
POB
POC
DocuSign Envelope ID: D48D5252-6EB3-4DD8-B8A4-EB921403650A 22