HomeMy WebLinkAboutD-955 Highland Drive R/W Recorded 01/07/1976t
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1It: :.G[tt f ` r- •'i:- O. ^t,tion �. NO. - 603
o >; 1_ OFFICIAL RECORDS
406 SAN LUIS OBISPO CO., CAC
G °mpr.RE��JAN 7 1976
WILLIAM E. ZIMARIK
COUNTY RECORDER
TIME X1:00 > .M.
RELINQUISHMENT OF HIGHWAY RIGHT OF WAY IN THE
CITY OF SAN LUIS OBISPO, ROAD 05 -SLO -1 -17.9
REQUEST NO. 3585
WHEREAS, highway right of way within the City of
San Luis Obispo, at Ferrini Road, road 05- SLO -1, hereinafter
particularly described, has been superseded by a change in
the location of said highway; and
WHEREAS, this Commission has found and determined,
and does hereby find and determine, that it is desirable and
in the public interest that said highway right of way so super-
seded be relinquished to the City of San Luis Obispo for use
as a city street;
NOW, THEREFORE, IT IS VOTED by the California Highway
Commission that it relinquish, and it does hereby relinquish,
'to the City of San Luis Obispo, effective upon the recordation
of a certified copy hereof with the Recorder of San Luis Obispo
County, all of the State of California's right, title and
interest in and to said superseded highway right of way in said
City, together with the right of way and appurtenances thereof,
described as follows:
HIGHWAY CONNISSI( Paved by C.H.C.
RESOLUTION 170,
'R 2264 DEC 171915
4
E VOL 18 71 PALL 902
0
W
y
That portion of superseded State Highway shown as
PARCEL ONE on the ;naps recorded on November 12, 1975 in State
Highway Map Book No. 5,. pages 144 and 141, records of San Luis
Obispo County.
END OF DOCUMENT
THIS, IS TO CERTIFY That the foregoing is a full and correct
copy of the, original resolution duly. passed by.., the California
Highway Commission at its meeting regularly called and held
on the ,__17th day of.___December 19.75
- --
in the City of- - Sacrament,o
Dated this
HAROLD ay of_..__ December 75
HAROLD A. RICHARD
ASSISTANT SECRETARY OF THE
CALIFORNIA HIGHWAY COMMISSION
[VOL 18.71 PACL 903
STATE OF CALIFORNIA— BUSINESS AND TRANSPORTATION AGENCY EDMUND G. BROWN "JR.; 'Governor
DEPARTMENT OF TRANSPORTATION
P.O. BOX L, SAN LUIS OBISPO 93406
TELEPHONE (805) 549-3111
January 28,-1976
R /W- 05 -SLO- 001 -17.9
Relinquishment Request #3585
City Council
City of S'anluis Obispo
San Luis Obispo CA 93401
Gentlemen:
This is to advise,you that on December 17,1975,
the California Highway Commission adopted a reso-
lution relinquishing to the.City of San Luis Obispo,
A portion of State Road 05 -SLO -001, P.M. 17.9 at
the intersection of Highway l and Highland.Drive.
This resolution, was recorded January 7, 1976, as
Document No. 6.03, Volume.1871,.Page 902, in the.
office of the County Recorder of San Luis Obispo
County..
Enclosed One.(1) set.of.Relinquishment.Maps refer-
red to in above said Resolution.
Sincerely,
Howard C.. Beltz
District Right of Way Engineer
Right of Way Engineering Branch
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STATE OF CALIFORNIA— BUSINESS AND TRANSPORTATION AGENCY EDMUND G. BROWN JR., Governor
DEPARTMENT OF TRANSPORTATION
(916) 445 -4244
December 221 1975
City Council
City of San Luis Obispo
San.Luis Obispo, CA 93401
05 -SLO -1 -17.9
Rel. Req. No. 3585.
Superseded State highway
C.H.C. Res: R -2264
C.H.C. Date: 12. -17 -75
RELINQUISHMENT OF HIGHWAY RIGHT OF WAY
Gentlemen:.
Attached for your information is a certified copy of the above -
referenced California Highway Commission Resolution of Relin-
quishment.. This action was taken in accordance with Section 73
of the Streets and Highways Code.
Your attention is directed to Section 100.9 of the Streets
and Highways Code regarding relocated State highways which
bypass cities or business districts. The directional signs
erected by the State on such highways shall.be left in place
and maintained by the local agency.
The relinquishment will become effective upon recordation
and your office will be notified immediately thereafter.
Sincerely,
E. L. Ide
Chief, Right of Way Engineering Branch.
Division of Right of Way,
Attachment
DH -ORW -502
RECEIVED
DEC 24 1975
CITY CLERK
SAN LUIS OBISPA, CA_
:5
•
HIGHWAY COMMISSIC
IMPSOLUTION NOa
.'R 2264
Passed by C.H.C.
ULU 17 1915
RELINQUISHMENT OF HIGHWAY RIGHT OF WAY IN THE
CITY OF SAN LUIS OBISPO, ROAD 05 -SLO -1 -17.9
REQUEST NO. 3585
WHEREAS, highway right of way within the City of
San Luis Obispo, at Ferrini- Road, road 05- SLO -1, hereinafter
particularly described, has been superseded by a change in
the location of said highway; and
WHEREAS, this Commission has found and determined,
and does hereby find and determine, that it is desirable and
in the public interest that said highway right of way so super-
seded be relinquished to the City of San-Luis Obispo for use
as a city street;
NOW, THEREFORE, IT IS VOTED by the California Highway
Commission that it relinquish, and it does hereby relinquish,
to the City of San Luis Obispo, effective upon the recordation
of a certified copy hereof with the Recorder of San Luis Obispo
County, all of the State of California's right, title and
interest in and to said superseded highway right of way in said
City, together with the right of way and appurtenances thereof,
described as follows:
THIS IS TO CERTIFY That the foregoing is a full and correct
copy of the original resolution duly passed by the California
Highway Commission at its meeting regularly called and held
on the___1 -7- t_h -____ -day of..__ D e c ember 19.7 5 ,
in the City of___ Sacramento
Dated this. 17th day of_Dee�:rceembbeerr' 19 75
HAROLD A. RICHARD
ASSISTANT SECRETARY OF THE
CALIFORNIA HIGHWAY COMMISSION
68T. 5056. 68574000 11 -77 ON GOP
That portion of superseded State Highway shown as
PARCEL ONE on the maps recorded on November 12, 1975 in State
Highway Map Book No. 5, pages 140 and 141, records of San Luis
Obispo County.
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STATE OF CALIFORNIA — BUSINESS AND TRANSPORTATION AGENCY EDMUND G. BROWN JR., Governor
DEPARTMENT OF TRANSPORTATION
P.O. BOX L, SAN LUIS OBISPO 93406 'm
TELEPHONE (605) 549-3111
October 21, 1975
05- SLO -1- 16.9/23.4
Route 101 to 0.8 Mile
West of Pennington Creek
05100 - 910082
City Council
City of San Luis Obispo
P. O. Box 1328
San Luis Obispo, CA 93401
Gentlemen:
The California Highway Commission has undertaken review of
adopted but unconstructed freeway routes for which right
of way acquisition and construction appear to have little
chance of funding within the next 20 years. Purpose is to
determine the appropriateness of the adoptions in view of
reduced revenues available to fund the State Highway
Program.
Review has recently been completed on the freeway location
Adopted on October 21, 1965 on Route 1 in San Luis Obispo
County from Route 101 at Marsh Street to 0.8 mile west of
Pennington Creek. Subsequent to the review, the Highway
Commission, on September 18, 1975, rescinded the freeway
route adoption. The basis for rescission is that: Financial
constraints make the likelihood of construction on the
adopted alignment questionable; the freeway was not included
in the Regional Transportation Plan; it is not included as a
Route of Statewide Significance; the route segment no longer
has general community acceptance and is controversial; it is
a 20 -year need; and there is acquired right of way that can
be disposed of.
Attached for your information is a copy of the Department
of Transportations report to the.Highway Commission dated
September 5, 1975. Also attached is a copy of the resolu-
tion passed by the Highway Commission on September 18, 1975,
rescinding the adopted freeway location.
The Commission has directed our Right of Way Department to
commence disposal of the two parcels of property that had
• r
been acquired for the proposed freeway within 60 days in
accordance with the provisions of Section 54220 through 54223
of the Government Code and Section 118.6 of the Streets
and Highways Code. The City and County of San Luis Obispo
were requested, by our letter of September 24, 1975, to
notify Caltrans regarding their interest in those parcels.
We suggest the Highway Commission's action be considered in
your land use and transportation planning. Should you have
any questions or need further information, we will be pleased
to discuss them with you.
Sincerely,
E F. GREGORVI I4 ?
District Director of Transportation
Attachment
• solution No. HRU -75 -24
05 -SLO -1
RESOLUTION RESCINDING .PREVIOUSLY
Passed by C.H.c.
ADOPTED FREEWAY LOCATION SEP 9 1975
WHEREAS, a location for State Highway Route 1 in San Luis
Obispo County between Route 101 at Marsh Street and 0.8 mile
west of Pennington Creek was previously adopted as a
freeway on October 21, 1965; and
WHEREAS, monetary and other constraints have forced a
reevaluation of the State Highway Planning Program; and
WHEREAS, the aforementioned freeway.is not likely to be
constructed as a State highway within the foreseeable future;
and
WHEREAS, retention of the freeway adoption would subject the
Highway Commission to possible continued expense for
acquisition of property on a hardship basis;
NOW, THEREFORE, BE IT RESOLVED that the California Highway
Commission declares the above.described location of Route 1
previously adopted by this Commission on October 21, 1965
no longer has any force or effect; and
BE IT ALSO RESOLVED that the presently maintained location
of Route 1 in San Luis.Obispo County between Route 1 and
0.8"mile west of Pennington Creek shall be.the.only established
location for Route 1; and
BE IT FURTHER RESOLVED that the Department of Transportation
is directed and authorized to dispose of rights of way
previously acquired for freeway purposes on said Route 1
in San Luis.Obispo County.
1 0 - 0.
September,, 1.975
05 -SLO -1 16.9/23.4
SUMMARY SHEET
Subject: Resolution No. HRU -75 -24 and "Rescind
Freeway Route Adoption" report for Route 1
in San Luis Obispo County between Route 101
at Marsh Street and 0.8 mile west of
Pennington Creek.
Issue: Should the freeway route adoption be
rescinded?
Recommendation: Adopt subject resolution.
Discussion: It is concluded that the adopted freeway
routing should be rescinded and acquired
rights of way disposed of for the reasons
stated in the Route Inventory Report dated
November 1973 and because:
o Financial constraints make the likelihood
of construction on the adopted alignment
questionable.
® It is not included in the Regional
Transportation Plan.
• It is not included as a. Route of Statewide
Signif icance .
o The route segment no longer has general
community acceptance and is controversial.
m It is a 20 -year need.
o There Is acquired right of way that can
be disposed of.
•
State of California
Memorandum
To Mr. Joseph F. Sinnott, Chairman
and Members of the
California Highway Commission
From : DEPARTMENT OF TRANSPORTATION
Director's Office
Subiect:' Rescind Freeway Route Adoption
RECOMMENDATION
Business and Transportation Agency
Date : September 5, 1.975
File No.: 05- SLO -1 16.9/23.4
ACTION REQUIRED
I recommend that the California Highway Commission rescind the
freeway adoption and authorize the disposal of acquired rights of
way on the portion of Route 1 in San Luis Obispo County between
Route 101 at Marsh Street and 0.8 mile west of Pennington Creek.
SUMMARY AND CONCLUSIONS
Generated Comments
My staff's recommendation, dated June 9, 1975, to rescind the
freeway adoption and dispose of acquired rights of way was
furnished to appropriate local, regional and State agencies for
comments. A copy of this recommendation is attached.
The following are the comments generated:
e City of San Luis Obispo - concurs with recommendation to
rescind freeway adoption and to dispose of unneeded right
of way.
e San Luis Obispo County and Cities Area Planning Coordinating
Council - supports the rescinding of freeway routing. The
new route is still contained in our Regional Transportation
flan as a regional arterial. The (Caltrans) staff report
dated June 9, 1975-should be amended"to include Route 1 as
a proposed minor arterial and urban connecting link.
Page 2 05 -SLO -1 16.9/23.4
September 5, 1975
Conclusion
I concur with the staff recommendation that the freeway adoption
be rescinded_. 7- F- MALONEY
(' Deput Director
SI V C. MCCAUSI�N
Di�ector of Transportation
J
Attachments: Staff Recommendation
CHC,Resolution
Resolution No. HRU -75 -24
05 -SLO -1
RESOLUTION RESCINDING PREVIOUSLY
ADOPTED FREEWAY LOCATION
WHEREAS, a location for State Highway Route 1 in San Luis
Obispo County between Route 101 at,Marsh Street and 0.8 mile
west of Pennington Creek was previously adopted as a
freeway on October 21, 1965; and
WHEREAS, monetary and other constraints have forced a
reevaluation of the State Highway Planning Program; and
WHEREAS, the aforementioned freeway is not likely to be
constructed as a State highway within the foreseeable future;
and
WHEREAS, retention of the freeway adoption would subject the
Highway Commission to possible continued expense for
acquisition of property on a,hardship basis;
NOW, THEREFORE, BE IT RESOLVED that the California Highway
Commission declares the above described location of Route 1
previously adopted by this Commission on October 2.1, 1965
no longer has any force or effect; and
BE IT ALSO RESOLVED that the presently maintained location
of Route 1 in San Luis Obispo County between Route land
0.8 mile west of Pennington Creek shall be the only established
location for Route 1; and
BE IT FURTHER RESOLVED that the Department of Transportation
is directed and authorized to dispose of rights of way
Previously acquired for freeway purposes on said Route 1
in San Luis Obispo County.
State of California
Mem' or and urn
To Mr. Howard C. Ullrich
Director of Transportation
0
Business and Transportation Agency
Date: June 9, 1975
File : 05 -SLO -1 16.9/23.4
From : DEPARTMENT OF TRANSPORTATION
Division of Project Development - Office of Planning and Design
Subject: Rescind Freeway Route Adoption
RECOMMENDATION:
It is recommended that the California Highway Commission be
requested to rescind the freeway adoption and authorize disposal
of acquired rights of way on the portion of Route 1 in San Luis
Obispo County between Route 101 at Marsh Street and 0.8 mile
west of Pennington Creek.
BACKGROUND:
The Highway Commission has requested review of adopted but
unconstructed freeway routes for which both right of way and
construction are not programmed for the next 20 years. Purpose
is to evaluate current status of the adopted locations and need
for acquired lands as future highway right of way. Procedures
for recycling were approved by the Highway Commission on April 17,
1973 . and modified on January 24, 1974 and March 20, 1975.
At its meeting in November 1973 the Highway Commission authorized-,-
initiation of recycling procedures to consider rescinding this 6.5
mile freeway adoption. This route was adopted 'on October 21, 1965.
No freeway agreements have been executed with the local agencies.
Estimated current costs are $12.4 million for construction and $1.4
million for right of way for this segment of 4 -lane freeway.
Approximately $186,000 has been expended for hardship and protection
acquisition. It.is estimated that the disposal value would be about
$51,000. The reason for the low disposal is that one of the three
parcels was acquired for easement rights only,from the Federal
General Services at a cost of $135,000. It is not expected that the
State will receive any value for quitclaim or abandonment of those
rights.
b
alley
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San Miguel
It, 1.1„ lu, Cholame 46
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101 �
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Garens
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41 IN �
Templeton
LLL Creston
Alascadeio
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Estero Ray 58 C�J
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SAN LUIS OBISPO
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GROVER CIT o Y` '
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So STUDY Luis Obispo Bay X> R; savior
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LIMITS
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Sm a 166
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MARIA 176 CuyamaX Cuyama
Pt. Sal
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sa, co 135 Sisquoc $isquor R
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Los
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Gaviota 10 Goleta Montecito
Scale 217 SAT
10 0 10 20 30 40Miles BARBA CARPINTER
25 f
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Mr. Howard C. Ullricii
Page 2
June 9, 1975
•
05 -SLO -1
16.9%23.4
The sale of the State -owned right of way will not have a significant
effect on the environment. The parcels are not located in an area
of statewide interest or potential area of critical concern. Their
disposal is categorically exempt under Class 12, Surplus Government
Property Sales of the Regulations for Implementation of the
California Environmental Quality Act of 1970.
Section 118.6 of the Streets and Highways Code and Section 54220
et seq, of the Government Code, in essence, requires that surplus
rights of way be first offered for sale to public agencies for other
public uses.
PUBLIC HEARING AND REGIONAL PLAN
The Regional Transportation Study for San Luis Obispo County is under
the direction of the San Luis,Obispo County and Cities Area Planning
Coordinating Council.
A public hearing to discuss the possible rescission of the freeway
route adoption was conducted on April 2, 1975 and April 17, 1975
as part of the Councils hearings on the proposed Regional Trans-
portation Plan. Public testimony was as follows:
' Retain freeway adoption - 2 persons
° Rescind freeway adoption - 3 persons
A consultant hired for the transportation study presented a plan
showing construction on the adopted alignment in the 1980 -85 period.
County representatives agreed with this recommendation, but City of
San Luis Obispo representatives did not. In fact, City officials
do not want the route to show on any planning maps..
Representatives of the City-of Morro Bay, however, have come out
strongly for the Los Osos Valley routing of Highway 1.
The Re fional Transportation Plan, adopted ,soh }April 17, 1975,
(amended June 6, 1975) shows a four-lane & nuentional rural highway.
PUBLIC RESPONSE:
' Make America Better Committee - P.ppsible`developriejt of 1195 acres
as State recreation area indicates'ne &d for' "the new cess.
CONCLUSIONS,;?
`* * '� 1
It 15 concluded that the adopted freeway rout _.g should be rescinded
and acquired rights of way disposed of for the "reasons.stated in the
Route Inventory Report dated November 1973 and because:
Mr. Howard C. Ullrich
Page 3
June 9, 1975
05 -SL 0 -1 16.923.4
Financial constraints make the likelihood of construction
on the adopted alignment questionable.
° It is not included in the Regional Transportation Plan.
It is not included as a Route of Statewide Significance..
° The route segment no longer has general community acceptance
and is controversial.
It is a twenty year need.
There is acquired right of way that can be disposed of.
TRANSMITTAL:
In conformance with Highway Commission procedures, it is recom-
mended that the Director forward copies of this recommendation to
the Office of'Planning and Research for their transmittal to other
State agencies. Comments from these agencies may be considered by
the Director in making a recommendation to the Highway Commission.
It is also recommended that copies be forwarded to the-City of
San Luis Obispo, the County of San Luis Obispo, and the San Luis
Obispo County and Cities Area Planning Coordinating .Council.
..
R. J DATEL HEINZ HECKE40TH
Chief Engineer Assistant Dirbctpr
Highways
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