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Home My WebLink About09/02/1986 Item C6 - Terminate Agreement w Lillian Smith Providing Access Through City Parking Lot No. 2' ffi gllii3ltXts'€R',,A FrEPoFrr MEETING DATE:Sept. 2, 1986*wyr FROM wayne a,. p.rttsgp4,J City Engineer Ak\ David F. Romero Publlc llorks Director SUBJECT /v Proposal. to Ternlnate Agreement wlth Lllllan Smith Providlng Access ThroughCity Parking lot No. 2. CAO HECOMMENDATION: By Motlon Authorize Mayor to Sign a f,etter Termlnating the Agreement Upon Commencing Constructlon of Parklng Structure on lot No. 2. BACKGROUND In 1955 the Mayor, with Clty Councll approval, sent the attached letter agreement to the Smlths. It allowed the Smiths access to the rear of theirproperty on Garden Street in exchange for the city's rlght to pave and. maintain a pedestrian accessway around. the Smith's building to Garden Street. The agreernent may be termlnated by either party upon 50 days wrltten notlce. Inasrnuch as the clty is now contemplating the constructlon of a nulti-Ievelparking structure on the city's parking lot, the vehicle access now provlded for will no longer be available. The city structure proposes a stairway and exit for users to Garden Alley immediately behind the old Hanna Hardware bullding. It would be very costly for our project to provide additional pedestrlan access to the rear of the Smith property and evey more costly to provide vehicular access through our structure to their property. In essence, to provlde for thetr parking spaces we would lose almost as many in our olrn structure. There is also a problem of grade changes between the first floor in the structure and their property which cannot be handled in the structure and would be very difficult to rearrange. Ihe area behlnd the Srnith property would be lnaccesslble to vehicl"es when the garag,e 1s closed and it couLd be a serious security problem. It ts unfortunate that a means of continuing the current agreement is not possible. STAFF CONCURRENCE: Public l{orks and Conmunlty Development staff have d.iscussed the situatlon and agree that this ls the only Logical course of action at this tlme. PUB}IC INPUT: Gerald Shipsey, representing the Smithrs, spoke at the ARC meeting on August 4, 19A6. In discussion with him after the meeting, he said that lf the clty denies vehicular access to the Smlth's parking area they would close the alleyway to Garden Street. Slnce the alleyway w111 no longer serve a public purpose, thls ls not a problem" o-A-l 'ruru crf,y o[ san ,." )s oBtspo GGITJNCIL AGiENtrIA REPGIFIT Termlnatlon of llllian Snlth Agreement Meetlng of September 9, 1986 Page Two. FISCAT IMPACT: Approval of staffrs recommendatlon w111 save the clty substantlal amounts ofmoney and will allow the Smith's to use thelr property to its hlghest and bestuse. RECOMMENDATTON: By motion authorize mayor to slgn a letter termlnatlng the agreement upon commenclng constructlon of parklng structure on rot no. 2. Attachnents; 1 - Proposed. letter to Mrs. Smith 2 - el7186 letter from Geratd Shlpsey 5 - 9114155 Letter from Fred Luckslnger wap4/termln bv Septernber 2, 1986 Mrs. Irl1llan Sntth c/o Mr. Gera1d If. Shlpsey 1119 Paln Street P. O. Box 955 SubJect: L€tter of Agreement dated Septenber 14, 1955 Dear Mrs. Snlth: Recently the Ctty became avare of a letter slgned by former lrlayor Fred luckslnger on Septenber 141 1955, whlch provlded you wlth vehlcular access through the clty's parklng lot to the rear of your property on GardenStreet. In exchange you provlded a pedestrlan walkway between the parklng lot and Garden Street. Ife appreclate your attorney, Mr. Gerald Shlpsey, bringlng thls to our attentlon. As you know' the ctty ls ln the, process of deslgntng a parklng structure proJect on 1te property behlnd youra. In dlscusslon wlth our archLtect we flnd that lt would be very costly for us to contlnue to provlde vehlcular access to your property. It would also be dupllcattve on our part to provlde a pedestrlanr exitway from our garage to your property, slnce one ls alreadgr provlded lnto Garden Alley behlnd the old Hanna Hardware Store. In accordance wlth paragraph #5 of the tetter of September 14r 1955, the clty hereby termlnates the agreement wlth an effectlve date the same as the conrnencement of constructlon on the parklng structure. At such tlme all access across clty property wlll be prohlbtted. SLncerely, Ron Dunln Mayor wap4/1-srnlth bv c-b-,3 -1 i GERALD W. SHIPSEY JON S. SEIIZ August 7, t9B6 Mrl Wayne Peterson Engineering Department 990 Palm Street San Luis Obispo, CA 93401 Re: Mrs. Lillian Smith Property Dear Mr. Peterson: Per your request at enclosing 'a copy ofL4, 1955. SI-lIPSEY 8 SEITZ, INC A LAW CORPORATION III9 PALM STREET POST OFFICE BOX 953 SAN LU15 OBIti,O, CALIFORNIA 93406 TELEPHONE (AO5l 543-7272 JOHN L. SEITZ il924 - r986) ,'uqo /ss6 &ea&. qu| 1 the ARC meeting of August 4th, I am the Fred Lucksinger letter of September I did not previously provide you with a copy because, by itsterms, the agreement could be terminated on 30 days notice by either party. However, the agreement does substantiateMrs. Smith's ownership of the "up the walI" alleyway andpermission to use by the City. You can see from the mayor'sletter that the action was approved by the city council andthe work, including the surfacing of the walkway and parking area, vlas done by the City. Very truly yours, ,i, GERALD I^]. SHIPS Gt{S: ds Errciosure cc: Mrs. Lillian Smith c_6_( \'I . .",i; I CITY'SA UI S.O PO /.DMINISTRATIYEOFFICEI I OR Septrernber fut L955 '? ttr. E. laYlor Stulth' 1035.!turraY Avermc S"i-I,"ro o61sPo, Callfornl'e Dear tb. fuLtb: ,Ia accordanca nlth oqr pr4'c urraerstandfug tbe san lerLs cblspo clty bec autborLoea na-1o r"'",r""a to lpo turs :.etter agreenent eubJect to f,ollowtng'tams-Ld' cona{t'lonsr' - ' tbs 4o lrha clty vl]-l pave and rnalntain as a p€deut+P passage tJre "ff"f".i to tbi eoutheast of the present Bu1ldlng and loan eo g ciitattoa brrtldlng. Th6 Clty t'ilt fuistall met'af' plp€s at both operdngs to 1ne- vent aulsnobiLes from enter{ng' 3. llre City lrllr pave the oPen area to the rear of sald bulLding blt does not as$rlne anJr responsibllity for tl'e na5'ntenarce, repaJ.r or uPkeeP of said 3r€8r lr- 1?ro ctty r.lIL leave an openlng of one car rrldth ag accesg to t'bc rear of eeld buifdlng' S.TH.sagreementnaybeterminat,ed'byeltherFrbyuponttllrtr dayo rcd.tten notlce. ll t,bl-g agreoerrt 1g 1u accorderrce lrttlr yolT rrishean F ."ery. $sn the dspal,catc copy a'd rst'rn to the of;3-cc Lf t*,* Cftf Clerk rd'tht'o ten dsrys' Sfnceroly 1rourrs-/-/ -- -(- *--r El.fft'q .3o Ha.yor Appored tbi.s day of Septenaber 1955- 1. FHL:c]- M e4s