HomeMy WebLinkAboutr 10530 Accepting control & maintenance over portion of state route 101 right of wayRESOLUTION NO. 10530 (2014 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ACCEPTING CONTROL AND
MAINTENANCE OVER A PORTION OF STATE ROUTE 101 RIGHT OF WAY TO BE
RELINQUISHED BY THE STATE OF CALIFORNIA
WHEREAS, in 2002, the Council of the City of San Luis Obispo approved a preliminary
route plan for the Bob Jones City -to -Sea Trail with the goal of encouraging alternative forms of
transportation and providing new recreational opportunities consistent with the goals set forth in
the City's Bicycle Transportation Plan; and
WHEREAS, the City of San Luis Obispo's approved route for the Bob Jones City -to -Sea
bike trail includes a section north of Los Osos Valley Road that is within State right of way for
Highway 101; and
WHEREAS, on January 22, 2013 the Council of the City of San Luis Obispo adopted
Resolution No. 10418 requesting that Caltrans relinquish State right of way for the Bob Jones
City -to -Sea Trail bike trail; and
WHEREAS, the City agrees to waive the State's obligation to provide 90 day notice of
State's "intention to Relinquish" as set forth in Section 73 of the California Streets and Highway
Code; and
WHEREAS, the City has received and reviewed a copy of the Disclosure of Potential
Contamination within the portion of right of way to be relinquished Memorandum, dated March
17, 2014.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The City will accept control and maintenance over that portion of
Highway 101 right of way as identified in Exhibit A attached, and will accept title to said portion
being relinquished, to become effective immediately following the recording by the County
Recorder of the relinquishment resolution containing the California Transportation Commission
(CTC) approval of the terms and conditions of the relinquishment; and
SECTION 2. The City accepts the portion of Highway 101 right of way to be
relinquished in its current environmental condition and setting, included, but not limited to, the
presence of hazardous materials as described in the Disclosure of Potential Contamination
Memorandum, dated March 17, 2014. Upon recordation of the CTC's Resolution of
Relinquishment in the County Recorder's Office, Caltrans will not be responsible for any present
or future remediation of said hazardous materials.
R 10530
Resolution No. 10530 (2014 Series)
Page 2
Upon motion of Council Member Ashbaugh, seconded by Council Member Smith, and
on the following roll call vote:
AYES: Council Members Ashbaugh, Carpenter and Smith,
Vice Mayor Christianson and Mayor Marx
NOES: None
ABSENT: None
The foregoing resolution was adopted this 10th day of June 2014.
May `r Jan Marx
ATTEST:
l .
thony J. Ij ia,
City Clerk ,
APPROVED AS "l01 - -QRM:
Y Christine Dietrick
City Attorney
Resolution No. 10530 (2014 Series)
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EXHIBIT A
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