HomeMy WebLinkAbout04-03-2012 c2 acceptance of public improvements for madonna bike path and mayor to sign easement agreementcouncil,A acenOa uepout
Meeting Date
April 3, 201 2
Item Number
C 2
C I T Y O F S A N L U I S O B I S P O
FROM :
Barbara Lynch, Deputy Director of Public Work s
Prepared By :Hal Hannula, Supervising Civil Enginee r
SUBJECT : ACCEPTANCE OF THE PUBLIC IMPROVEMENTS FOR TH E
MADONNA INN BIKE PATH AND AUTHORIZE THE MAYOR TO SIG N
THE EASEMENT AGREEMEN T
RECOMMENDATIO N
Adopt a resolution accepting the bike path improvements for the Madonna Inn Bike Path and authoriz e
the Mayor to sign the easement agreement leading to recordation by the City Clerk .
DISCUSSIO N
Backgroun d
As a condition of development, the Irish Hills Development (Costco, Home Depot, etc .) was
required to mitigate for increased vehicle emissions to the satisfaction of the County Air Pollutio n
Control District (APCD) and the City . The developer negotiated with APCD to provide an
extension of the City of San Luis Obispo's Class 1 bikeway network across the Madonna In n
property to connect downtown San Luis Obispo to Madonna Road .
A Memorandum of Understanding (MOU) between the City of San Luis Obispo, APCD, an d
Madonna Enterprises to develop the Class I bikeway extension was presented to and approved b y
the City Council on February 19, 2008 . The approval included the direction to staff to return to th e
Council with an easement agreement .
The Architectural Review Committee (ARC) reviewed and approved the project plans (ARC 4-09 )
based on findings and subject to conditions of approval at its April 20, 2009 meeting .
Working drawings were submitted, reviewed, approved, and permitted to authorize the constructio n
of the project . The project was inspected by the Public Works Department as a public improvemen t
project (City file M09-011) with the understanding that the project would ultimately be accepted fo r
City maintenance .
The developer allowed use of the path by guests of the Madonna Inn and the general public soo n
after the pavement work was completed . The developer continued to complete and/or upgrad e
portions of the path over several months . Some minor final maintenance items were identifie d
through the inspection process and have now been completed .
The required easement agreement has been through several submittal cycles with input from th e
developer's team and City staff . The final agreement is supported by City staff, is signed by th e
property owner, and has been approved to form by the City Attorney .
APPROVAL OF THE FINAL MAP FOR TRACT 2342, 392 PRADO (TR 63-05)
Page2
CONCURRENCE S
The Community Development Department concurs with the recommended action .
FISCAL IMPAC T
The facility will require ongoing maintenance resulting in ongoing costs to the City associated with th e
acceptance of these improvements . The improvements have been constructed in accordance with th e
permit approvals and City Engineering Standards in an effort to keep maintenance costs to a minimum ;
however, all facilities require upkeep and repair . The maintenance costs are estimated to average
$1,200 per year . It is expected that pavement maintenance may be required every ten years . This asset
will be added to the City's asset inventory and maintenance will be funded by the General Fund .
ALTERNATIVE
Revise Easement Agreement.The City Council could choose to deny the easement agreement a s
drafted and not accept the improvements and direct staff to negotiate a revised MOU and easemen t
agreement with the developer . Staff does recommend this alternative as the agreement has bee n
reviewed and deemed fair and consistent with City policy.
ATTACHMENT S
1.Easement Agreemen t
2.Draft Resolutio n
T :\Council Agenda Reports\2012\2012-04-03Wcceptance of Madonna Inn Bike Path & Easement (Wafter-Hannula)\draft E-Council Agenda Reportdocx
Attachment 1
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO :
City of San Luis Obisp o
Public Works/Development Revie w
919 Palm Street
San Luis Obispo, CA 93401-324 9
DEED OF PRIVATE EASEMENT AGREEMENT
FOR PUBLIC PURPOSES ,– PEDESTRIANBICYCLE ACCESS
This Easement Agreement, is made and entered into this 1g-day o f
, 2011, by and between Madonna Properties LLC, a California limite d
liability company, as to Parcel 1 described in the attached preliminary title report prepared by Firs t
American Title Company dated August 30, 2011 ("Title Report"); and Parcel 2 and 4 of said titl e
report ; Pearce Madonna Partnership, a California Limited Partnership, as to Parcel 3 of said titl e
report, hereinafter collectively called "Owners", and the CITY OF SAN LUIS OBISPO, a municipa l
corporation of the State of California, hereinafter called "City".
WITNESSETH
WHEREAS, Owners possess certain property (the "Subject Property") situated within th e
City of San Luis Obispo, described in Title Report as follows : Parcel 1 : (Parcel A of Certificate o f
Compliance 1985-070661) (A .P .N .: 004-511-010 and 004-511-021); Parcel 2 : (A .P .N .: 004-511-00 1
and 073-351-034); Parcel 3 (Certificate of Compliance 2008-033187) (A .P .N .: 073-351-035); Parcel
4 (Assessor's Parcel Number Not Yet Assigned).
WHEREAS, a Class I bicycle path has been constructed on the Subject Property that wil l
provide a physical connection for bicyclists and pedestrians and for City emergency or maintenanc e
vehicle access between the public right of ways beginning/ending at Marsh Street and Madonn a
Road, and
1
C2-3
Attachment 1
WHEREAS, an offer of dedication of a pedestrian/bicycle easement was required pursuant t o
the City of San Luis Obispo City Council Resolution No . 8965 (1999 Series),the Memorandum of
Understanding Among San Luis Obispo County Air Pollution Control District, City of San Luis
Obispo and Madonna Enterprises (February 2008), and in fulfillment of the Air Quality Mitigatio n
Measure AQ/mm-1 la as stated in the Final Environmental Impact Report for the Irish Hills Plaz a
project which identified and authorized the bicycle path extension ; and
WHEREAS, Owners have offered to dedicate this pedestrian/bicycle easement and restric t
Owners' use of and activities on the Subject Property through the imposition of a perpetua l
pedestrian/bicycle easement with the terms and conditions hereinafter set forth .
NOW THEREFORE, in consideration of the above recitals, in compliance with th e
Resolution, Memorandum of Understanding and Mitigation Measure, and in further consideration o f
the mutual promises, covenants and the conditions herein contained and the substantial publi c
benefits to be derived there from, the parties agree as follows :
1 .
Owners hereby grant to City a bicycle/pedestrian easement ("Easement") as described on
Exhibits A and B (Pearce) as to Parcel 3 of said title report and Exhibits A-1 and B-1
through B-6 (Madonna Inn) as to Parcels 1, 2, and 4 of said title report over the Subjec t
Property . Said grant of Easement conveys to City an estate and interest in the Subjec t
Property . The purpose of the Easement is to provide a physical extension of City's
bicycle and pedestrian path (hereinafter the "Bicycle Path Extension"), to allow the Cit y
to operate and maintain the bicycle path extension, and for City emergency o r
maintenance vehicle access (collectively referred to as "Easement Purposes").
2
C2-4
Attachment 1
2 .
The restrictions hereby imposed upon the use of the Easement by Owners shall be, a s
follows :
a.The Bicycle Path Extension and associated improvements such as pathway lighting ,
conduit, and drainage improvements may be constructed by Owners within th e
Easement . Said encroachment shall be subject to review and approval by the City's
Public Works Department .
b.No signs, billboards, or similar structures or devices or advertising of any kind o r
nature may be located on or in the Easement unless approved by the City .
c.Owners shall not plant or permit to be planted any vegetation within the Easement,
except for erosion control, fire protection, or soil stabilization as allowed or approve d
by City's Natural Resources Manager or his/her designee .
d.Owners shall not act or omit to act in any manner that interferes with the Easemen t
Purposes without first obtaining the City's written permission .
3 .
This Easement shall remain in effect in perpetuity . However, if City, at any time ,
abandons use of the Easement for a period of twelve consecutive months the Easemen t
shall be deemed forfeited and this Easement Agreement terminated in full . However,
before the Easement is deemed forfeited and this Easement Agreement terminated ,
Owners shall provide notice to the City and allow the City 30 days to reclaim its right s
under the Easement and this Easement Agreement .
4 .
Land uses permitted or reserved to Owners by this grant shall be subject to the ordinances
of City regulating the use of land.
5 .
City agrees to maintain the requisite liability insurance needed to reasonably protec t
Owners from all liability arising from use, operation and maintenance of the Easement
3
C2-5
Attachment 1
for Easement Purposes by the City, and its agents, employees, volunteers or invitees ,
name Owners as additional insured, and hold harmless Owners in perpetuity from action s
by the City, its agents, employees, volunteers or invitees arising from the use, operatio n
or maintenance of the Easement for Easement Purposes and not caused by the sole o r
active negligence of Owners . Upon request, City shall provide Owners with written
proof of such insurance .
6.
City agrees to maintain, repair and replace only the Bicycle Path Extension and relate d
improvements, including drainage improvements, on Subject Property that is used solel y
for Easement Purposes and is not used for any other purpose . City shall have the right o f
access to maintain, repair and replace the Bicycle Path Extension and relate d
improvements, including drainage improvements, as needed to provide for pedestrian an d
bicycle access within the Easement in perpetuity pursuant to the Maintenance,
Monitoring & Construction (City of San Luis Obispo Bicycle Transportation Plan, Ma y
2002, rev . February 2007). City agrees that its obligation to maintain, repair and replac e
contained herein shall be to maintain, repair and replace in a manner consistent with tha t
needed to maintain the Bicycle Path Extension and related improvements to or better tha n
the condition it is in at the time this Easement is accepted and recorded .
7.
City specifically agrees to maintain, repair and replace the fencing along the bicycle pat h
extension in a manner consistent with or better than its condition at the time thi s
Easement is accepted and recorded with the exception that, to the extent said fencin g
incurs damage that is not a result of Easement Purposes, Owners shall be responsible fo r
the maintenance, repair and replacement of that portion of the fencing incurring suc h
damage.
Attachment 1
8.
Except as expressly provided in Paragraph 5 or elsewhere herein, Owners and City shall ,
to the fullest extent permitted by law, indemnify and hold each other harmless agains t
any and all costs, expenses, losses, claims, suits, damages, and liabilities (includin g
reasonable attorney's fees) for acts or omissions arising out of or in connection with thi s
Easement Agreement .
9.
The terms and conditions contained herein shall be binding on the parties hereto and thei r
heirs, successors and assigns .
IN WITNESS WHEREOF, the parties hereto have executed this document on the day and yea r
first written above.
OWNERS / GRANTORS
By :
Phyl(fs Madonn a
Madonna Properties, LL C
By : UjZGlA _
By : L Y °—
Clint Pearce
Connie Pearce
Pearce Madonna Partnership
Pearce Madonna Partnershi p
ALL SIGNATURES MUST BE NOTORIZE D
CITY OF SAN LUIS OBISPO
Attachment 1
By:
Jan Marx, Mayor
ATTEST :
CITY CLERK
Elaina Can o
ATTORNEY Christine Dietrick
6
C2-8
Attachment 1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMEN T
State of California /
/,,1County of ($n/5ob/6z)
On S 2 I before me,///,~(2 P
Date He nsert Na an it.f the Officer
personally appeared ///[~,•(1/)Na e 6f5Igner(s)"`664/),'t /evu,
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence t o
be the person(s) whose name(s) *tare subscribed to th e
within ._instrument and acknowledged to me tha t
belsbe/they executed the same in hielhedtheir authorize d
capacity(ies), and that by i/their signature(s) on th e
instrument the person(s), or the entity upon behalf o f
which the person(s) acted, executed the instrument .
I certify under PENALTY OF PERJURY under the law s
of the State of California that the foregoing paragraph i s
true and correct .
}
Notary Publ l
Though the information below is not required by law, it may prove valuable to persons relying on the documen t
and could prevent fraudulent removal and reattachment of this form to another document .
Description of Attached Documen t
Title or Type of Document
: Document Date:'7 —
Signer(s) Other Than Named Above :V
Capacity(ies) Claimed by Signer(s)
Number of Pages :
RIGHT THUMBPRINT
OF SIGNE R
Top of thumb here
Signer's Name :
q Individua l
q Corporate Officer — Title(s):
q Partner —q Limited q Genera l
q Attorney in Fact
q Trustee
q Guardian or Conservato r
q Other :
Signer Is Representing :
Signer's Name :
q Individua l
q Corporate Officer — Title(s):
q Partner —q Limited q General
q Attorney in Fac t
q Truste e
q Guardian or Conservato r
q Other :
Signer Is Representing :
RIGHT THUMBPRINT
OF SIGNER
Top of thumb her e
02007 National Notary Association • 9350 De Soto Ave ., P.O . Box 2402 •Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder:Call Toll-Free 1-800-876-6827
C2-9
Attachment 1
EXHIBIT A
(PEARCE )
A portion of Parcel 2 of COAL 07-0007 in the City and County of San Luis Obispo, Stat e
of California as described in document recorded as Instrument No . 2008-033187 in th e
office of the County Recorder of said County, being more particularly described a s
follows :
Beginning at an angle point in the state highway right-of-way of Highway 101 at statio n
29+00, 350 .00 feet left as shown on State Highway Right-of-Way map 05-SLO-101-28 .0 ;
Thence, along said state highway right-of-way South 38°10'30" West 217 .31 feet to a n
angle point in said state highway right-of-way at station 27+00, 435 .00 feet left as shown
on said State Highway Right-of-Way map ;
Thence, continuing along said state highway right-of-way South 07°08'40" East 65 .55
feet to a point, said point being True Point of Beginning of an easement for publi c
pedestrian and bike path purposes 22 .00 feet wide lying 11 .00 feet on each side of th e
following described centerline . The sidelines of said easement are to be extended o r
shortened to terminate at the said state highway right-of-way line . Said True Point of
Beginning also being the beginning of a non-tangent curve concave to the east an d
having a radius of 209 .67 feet and to which point a radial bears North 77°47'58" West ;
Thence, leaving said state highway right-of-way and southerly along said curve throug h
a central angle of 19°14'37" 70 .42 feet to the end of said curve, and to which point a
radial bears South 82°57'25" West ;
Thence, South 07°10'40" East 361 .64 feet to the beginning of a tangent curve concav e
to the west and having a radius of 808 .00 feet ;
Thence, southerly along said curve through a central angle of 6°56'40" 97 .93 feet to a
point on the south line of said Parcel 2, and to which point a radial bears
North 89°46'00" East . Said point also being the Point of Terminus of said easemen t
centerline, the sidelines of which are to be extended or shortened to terminate at sai d
south line of said Parcel 2 .
End of Description .
The description above is shown graphically on the attached Exhibit B, and made a par t
hereof.
OF CAL
C2-10
EXHIBIT'S
PARCEL 2 OF
1/VSTRJMENT NO.
2008-03318 7
22.00'W1DE PUBLI C
PEDESTRIAN AND
BIKE PA 7H EASEMENT
STATE HIGHWAY 10 1
R.O.W. ANGLE POINT A T
STA 77ON 27+00,
435 'LEFT PER R 1
FOUND 1* /RON PIPE
WITH TAG STAMPED RCE
6923 PER 12-LS-37
STATE HIGHWAY 10 1
R.O.W. ANGLE POINT A T
STA T/ON 22+00,
230 'LEFT PER R1
P08: STATE HIGHWAY 107 R.O.W.
ANGLE POINT AT STA T/O N
29+00 350 'LEFT PER R1
JS HIGH WA
KEITH McM I
EXPIRES 9-30-1 2
No . 6729LEGEND:
R1 DENOTES RECORD PER STATE HIGHWAY RIGHT OF WAY MAP 05-SLO-101-28.0
POB DENOTES POINT OF BEGINNING
TPOB DENOTES TRUE POINT OF BEGINNING
POT DENOTES POINT OF TERM/NUS
RAD DENOTES RADIAL BEARIN G
DENOTES FOUND 6X6 CONCRETE HIGHWAY RIGHT-OF-WAY MONUMENT
NO SCAL E
McMillan
LAND SURVEYS
2306 BROAD STREET
SANLUISOBISPO, CA 9340 1
805441-1663 FAX541-166 4
DATE: 06-29-2011 3OB#448-05
Attachment 1
EXHIBIT A-1
(MADONNA INN )
A portion of Blocks 147, 148, and 149 of J . Harford's Addition to the City of San Lui s
Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California a s
shown on map recorded in Book A of Maps, at Page 123 in the office of the Count y
Recorder of said County, and a portion of Lot DD of the re-subdivision of Lots 58 and 61 -
65 of J .T . Stratton's Subdivision of the Ranchos Canada De Los Osos and La Laguna i n
the City of San Luis Obispo, County of San Luis Obispo, State of California as shown o n
map recorded in Book A of Maps, at Page 161 in the office of said County Recorder ,
being more particularly described as follows :
Beginning at an angle point in the state highway right-of-way of Highway 101 at statio n
29+00, 350 .00 feet left as shown on State Highway Right-of-Way map 05-SLO-101-28 .0 ;
Thence, along said state highway right-of-way South 38°10'30" West 217 .31 feet to a n
angle point in said state highway right-of-way at station 27+00, 435 .00 feet left as show n
on said State Highway Right-of-Way map ;
Thence, continuing along said state highway right-of-way South 07°08'40" East 65 .5 5
feet to a point, said point also being the beginning of a non-tangent curve concave to th e
east and having a radius of 209 .67 feet and to which point a radial bears North 77°47'58 "
West;
Thence, leaving said state highway right-of-way and southerly along said curve throug h
a central angle of 19°14'37" 70 .42 feet to the end of said curve, and to which point a
radial bears South 82°57'25" West ;
Thence, South 07°10'40" East 361 .64 feet to the beginning of a tangent curve concav e
to the west and having a radius of 808 .00 feet ;
Thence, southerly along said curve through a central angle of 6°56'40" 97 .93 feet to a
point on the south line of Parcel 2 as described in document recorded as instrument No .
2008-033187 in the office of the County Recorder of said County, and to which point a
radial bears North 89°46'00" East . Said point also being the True Point of Beginnin g
of an easement for Public Pedestrian and Bike Path purposes 22 .00 feet wide lyin g
11 .00 feet on each side of the following described centerline, the sidelines of sai d
easement are to be extended or shortened to terminate on the said south line of sai d
Parcel 2 ;
Thence, continuing southerly along said curve through a central angle of 1°07'28" 15 .8 6
feet to the end of said tangent curve ;
Thence, South 00°53'28" West 346 .52 feet to the beginning of a tangent curve concav e
to the west with a radius of 1003 .00 feet ;
Thence, southerly along said curve through a central angle of 13°29'17" 236 .12 feet t o
the end of said curve ;
1
C2-12
Attachment 1
Thence, South 14°22'45"West 165 .45 feet to the beginning of a tangent curve concav e
to the east and having a radius of 5007 .00 feet ;
Thence, southerly along said curve through a central angle of 4°45'42" 416 .12 feet to th e
end of said curve, and to which point a radial bears North 80°22'57" West ;
Thence, South 10°10'21" West 410 .75 feet to the beginning of a non-tangent curv e
concave to the east having a radius of 33 .25, and to which point a radial bears Nort h
79°49'39" West ;
Thence, southerly along said curve through a central angle of 7°27'17" 4 .33 feet to a
point at the end of said curve and to which point a radial bears North 87°16'56" West ;
Thence South 04°13'11" West 82 .78 feet to a point ;
Thence, South 03°07'45" West 35 .56 feet to the beginning of a non-tangent curv e
concave to the west having a radius of 8935 .50 feet and to which point a radial bear s
South 87°07'36" East ;
Thence, southerly along said curve through a central angle of 0°33'18" 86 .57 feet to th e
end of said curve, and to which point a radial bears South 86°34'17" East ;
Thence, South 06°36'13" West 20 .81 feet to the beginning of a non-tangent curv e
concave to the west and having a radius 230 .00 feet and to which point a radial bear s
South 84°58'23" East ;
Thence southerly along said curve through a central angle of 12°34'58" 50 .51 feet to th e
end of said curve, and to which point a radial bears South 72°2325" East ;
Thence, South 18°30'52" West 11 .77 feet to a point at the beginning of a non-tangen t
curve concave to the east having a radius of 73 .00 feet and to which point a radial bears
North 72°16'14" West ;
Thence southerly along said curve through a central angle of 16°17'01" 20 .75 feet to th e
end of said curve, and to which point a radial bears North 88°33'16" West ;
Thence, South 01 °06'58" East 59 .56 feet to a point ;
Thence, South 00°53'28" East 23 .65 feet to the beginning of a non-tangent curv e
concave to the west and having a radius of 255 .00 feet and to which point a radial bear s
South 86°15'48" East ;
Thence, southerly along said curve through a central angle of 8°44'41" 38 .92 feet to th e
end of said curve, and to which point a radial bears South 77°31'06" East :
Thence South 17°52'45" West 20 .74 feet to a point ;
Thence South 09°44'00" West 23 .67 feet to a point ;
Thence South 05°18'22" West 37 .16 feet to a point ;
2
C2-13
Attachment 1
Thence South 08°52'16" West 50 .95 feet to the beginning of a tangent curve concave t o
the west having a radius of 90 .00 feet ;
Thence southerly along said curve through a central angle of 57°10'20" 89 .81 feet to the
end of said curve ;
Thence, South 66°02'35" West 58 .27 feet to the beginning of a tangent curve concave t o
the south having a radius of 64 .00 feet ;
Thence, southwesterly along said curve through a central angle of 38°47'19" 43 .33 feet
to a point at the end of said curve ;
Thence, South 27°15'17" West 32 .49 feet to a point ;
Thence, South 34°53'46"West 35 .81 feet to a point ;
Thence, South 44°18'28" West 23 .87 feet to the beginning of a non-tangent curv e
concave to the northwest having a radius of 1042 .00 feet and to which point a radia l
bears South 43°41'51" East ;
Thence, southwesterly along said curve through a central angle of 3°54'30" 71 .08 feet to
the beginning of a reverse curve concave to the southeast having a radius of 153 .00
feet ;
Thence, southwest along said reverse curve through a central angle of 17°41'11" 47 .2 3
feet to the end of said reverse curve ;
Thence, South 32°31'28" West 51 .74 feet to the beginning of a non-tangent curv e
concave to the northwest having a radius of 961 .00 feet, and to which point a radia l
bears South 49°15'38" East ;
Thence, southwest along said curve through a central angle of 6°08'11" 102 .92 feet t o
the end of said curve, and to which point a radial bears South 43°07'23" East ;
Thence, South 47°38'39" West 35 .32 feet to the beginning of a tangent curve concave t o
the north having a radius of 166 .00 feet ;
Thence, west along said curve through a central angle of 26°07'18" 75 .68 feet to the en d
of said curve, and to which point a radial bears South 16°14'04" East ;
Thence, South 72°16'21" West 16 .78 feet to the beginning of a non-tangent curv e
concave to the north having a radius of 295 .00 feet and to which point a radial bears
South 16°26'21" East ;
Thence, west along said curve through a central angle of 7°34'20" 38 .99 feet to the en d
of said curve, and to which point a radial bears South 08°52'01" East ;
Thence, South 79°58'47" West 31 .18 feet to the Point of Terminus of said easement
centerline, the sidelines of said easement to terminate at right angles to said Point of
Terminus .The description above is shown graphically on the attache d
Exhibits B-1 through B-6, and made a part hereof.
3
C2-14
Attachment 1
Together with a portion of a portion of Lot DD of the re-subdivision of Lots 58 and 61-6 5
of J .T . Stratton's Subdivision of the Ranchos Canada De Los Osos and La Laguna in th e
City of San Luis Obispo, County of San Luis Obispo, State of California as shown o n
map recorded in Book A of Maps, at Page 161 in the office of said County Recorder ,
being more particularly described as follows :
Beginning at the said mentioned Point of Terminus ;
Thence, North 10°01'13" West 7 .01 feet to a point, said point being the True Point of
Beginning of a variable width easement for Public Pedestrian and Bike Path purposes ;
Thence, South 79°16'22" West 25 .37 feet to the beginning of a non-tangent curv e
concave to the east having a radius of 184 .00 feet and to which point a radial bears
North 84°40'02" West ;
Thence, south along said curve through a central angle of 6°19'13" 20 .30 feet to the en d
of said curve and to which point a radial bears South 89°00'45" West ;
Thence, South 01°34'41" East 77 .21 feet to the beginning of a non-tangent curv e
concave to the east having a radius of 80 .00 feet and to which point a radial bears
South 88°46'02" West ;
Thence, south along said curve through a central angle of 23°11'06" 32 .37 feet to a point
on the state highway right-of-way line as shown on State Highway Right-of-Way Ma p
05-SLO-101-27 .4 and to which point a radial bears South 65°34'56" West ;
Thence, along said state highway right-of-way line South 67°52'04" East 12 .46 feet t o
the beginning of a non-tangent curve concave to the east having a radius of 72 .00 fee t
and to which point a radial bears South 58°21'48" West ;
Thence, leaving said state right-of-way line, north along said curve through a centra l
angle of 30°24'14" 38 .21 feet to the end of said curve and to which point a radial bear s
South 88°46'02" West ;
Thence, North 01°34'41" West 70 .53 feet to the beginning of a non-tangent curv e
concave to the southeast having a radius of 20 .00 feet and to which point a radial bear s
North 85°54'09"West ;
Thence, north along said curve through a central angle of 56°31'04" 19 .73 feet to th e
end of said curve and to which point a radial bears North 29°23'06" West ;
Thence North 79°41'04" East 9 .96 feet to a point ;
Thence, North 10°01'13" West 13 .93 feet to the True Point of Beginnin g
End of Description .
The description above is shown graphically on the attache d
Exhibits B-5, and B-6, and made a part hereof .
EXHIBIT R-1
STATE HIGHWAY 101R.O. W. ANGLE POINT A TSTATION27+00,435 'LEFT PER R 1
POB:: STATE HIGHWAY 101 R.O.WANGLE POINT AT STA 110N
29+00 350 'LEFT PER R1
NO SCAL E
'coIUDIoai
1 ~
Cl: R=80&00 'IIaA=171728" kt:3L=15.86 '
2-8-
.:
M E
519 .23'01
C1
FOUND 1" IRON PIPEWITH TAG STAMPED RCE6923PER 12—LS—37
PARCEL 2 O E
INSTRUMENT Na
2008-033 187'R-2p9.37"
2200 'WIDE PUBLICPEDESTR/AN AND - --B/KE PATH EASEMENT .
ri/N
~lA11.00 ',361;64 ,R1 \N
^4~'E~40.3 9
'ro8 ~4 p W ~,.
STATE HIGHWAY 10 1R.O.W. ANGLE POINT A TSTA 710N 22+00,230 'LEFT PER R1
N 15179 00 "230.33' R1
POB
LEGEND:
R1 DENOTES RECORD PER STATE HIGHWAY RIGHT OF WAY MAP 05—SLO—101 —28.0
POB DENOTES POINT OF BEGINNING
TPOB DENOTES TRUE PO/NT OF BEGINN/NG
POT DENOTES POINT OF TERM/NUS
RAD DENOTES RADIAL BEAR/NG
DENOTES FOUND 6X6 CONCRETE H/GHWA Y RIGHT—OF—WAY MONUMENT
McMillan
LAND SURVEYS
2306 BROAD STREE TSAN LUIS OBISPO, CA 93401
805.541-1663 FAX54I-1664
DATE.' 07-29-2011 3O B #448-05
2200 '$WE PUBLIC
PEDESTRIAN AND BIKE
PATH EASEMENTr545.
STATE HIGHWAY 10 1ClR. O. W. A N GL E PO I N T A T
STATION 22+00,
230 'LEFT PER R 1
E IBZTB-2
PORT/ON DE BLOCK
147 OE A --MB-13 3
APN 004-511-00 1
LEGEND:
R1 DENOTES RECORD PER STATE H/GHWA Y R/GHT OF WAY MAP 05-SLO-101-27.7
POB DENOTES PO/NT OF BEG/NN/NG
TPOB DENOTES TRUE POINT OF BEG/NNING
POT DENOTES POINT OF TERM/NU S
RAD DENOTES RAD/AL BEARING0DENOTES FOUND 6X6 CONCRETE HIGHWAY RIGHT-OF-WAY MONUMEN T
S 12 '36 '40"W 22564'R1
STATE HIGHWAY 101 R.O.W.
ANGLE POINT AT STATION
14+7417 80 'LEFT PER R1(CALC).
US H/GHj Y 101
PARCEL 2 OP
INSTRUMENT NO.
2008-03318 7
McMilla n
LAND SURVEYSC
2306 BROAD STREE T
SAN LUIS OBISPO, CA 9340 1
805-541-1663 FAX541-166 4
DATE 07-29-2011 3O B #448-05
-1-100000000---
NO SCALESTATEHIGHWAY 101
R. O. W. ANGLE P O I N T A T
STA T/ON 17+00,
90 'LEFT PER R1
U
PORT/ON OF BLOCK
148 OJ A —MB—123
APN 004—511—001
PORT/ON Or BLOCK
147 Or A —MB—123
APN 004—511—00 1
2200 'W1DE PUBLIC
PEDESTRIAN AND BIKE
PATH EASEMENT
%% %%/ s i472~~~-W —~C5,e'~~~~
STATE HIGHWAY 101 R.O. W.
ANGLE PO/NT AT STA 770N
6+76.82 80 'LEFT PER Rl(CALC)
US HIGHWAY 10 1
LEGEND;
R1 DENOTES RECORD PER STATE HIGHWAY RIGHT OF WAY MAP 05—SLO—101—27.7
POB DENOTES PO/NT OF BEG/NN/NG
TPOB DENOTES TRUE PO/NT OF BEGINN/NG
POT DENOTES PO/NT OF TERM/NUSRAP DENOTES RAD/AL BEAR/N G0DENOTES FOUND 6X6 CONCRETE H/GHWA Y RIGHT—OF—WAY MONUMENT
S 123640"W
STATE HIGHWAY 101 R.O.W.22564' R1ANGLE POINT AT STA77ON14+74.17 80 'LEFT PER R1(CALC)
NO SCAL E
McMilla n
LAND SURVEYS
2306 BROAD STREE T
SANLUISOBISPO, CA 9340 1
805-541-1663 FAX541-166 4
DATE. 07-29-2011 JOB #448-05
PORTION OF LO T
DD PER A -MB-16 1
004-511-021
EXHIBIT R-4
PORTION OF BLOCK
148 OF A -MS-123
APN 004-511-00 1
C9:
R=90.00'
L1=577 0 '20"20't oL=89.81 'P0)1 N.p1 I ~L,E l -
\-1 Ico
571 'I-~aW l I4S
52~'I a of I ~o I N
~1 a//2010-040523 %o
C7 r;,.';
9 I^lol p
LEGEND:
R1 DENOTES RECORD PER STATE HIGHWAY RIGHT OF WAY MAP 05-SLO-101-28.0
POB DENOTES PO/NT OF BEG/NN/N G
TPOB DENOTES TRUE PO/NT OF BEG/NN/N G
POT DENOTES PO/NT OF TERM/NUS
RAD DENOTES RAD/AL BEARING
DENOTES FOUND 6X6 CONCRETE H/GHWA Y RIGHT-OF-WAY MONUMEN T
0600 30 W 179.23 R1 C8:
4 R=25500 ,
A=8 '
L=38.92'
STATE HIGHWAY 101 R.O.W.
ANGLE PO/NT AT STATIO N
753+66.01 80 'LEFT PER R1
Ico
R=73.00'Q Poo Ivo'_4 (IQ
A=1677'01 I\(A I(.IlvvL=20:75'IaW w 1--z C5:•,
i F A=0'3318 oIi
I L=86.57'I t
i ~4r///67
000col 1 O=~t Il i
rn a3r4'41 "I•~al Ir
US HI
C6:
R=230.00 '
A=123458 '
L=50.51 '
S 06170'30 °W 505.55 'R f
GHWAY 101
C4:
R=33.25 '22.00 'WIDE PUBLIC
A=727'17'11.00 'PEDESTRIAN AND BIKE
L=4.33'PA 1H EASEMEN T
-LT /Ire////1"f
co~N1
io"
of STATE HIGHWAY 101 R.O. W.
ANGLE PO/NT AT STA T/0/V
6176.82 80 'LEFT PER R1(CALC)
11.00 '
R=5080.00 'd=-90830 "L=810.53'R l
LINE TABLE
UNE BEAR/NG DIS T
L 1 SO473 '11 'W 8278 '
L2 S03 07'45 "W 35.56 '
L3 S0636 '13 "W 20.81 '
L4 S1830 52 "W 11.77'
L5 S0106 58 E 59.56 '
L6 5005328E 23.65 '
L7 S1752 '45 "W 20.74 '
L8 S09 44 00 'W 23.67'
L9 S057822 'W 37.16 '
L 10 S08 52 '16 'W 50.95 '
11/1U1LlL/1L/1/1L/1
NO SCAL E
McMilla n
LAND SURVEYS
2306 BROAD STREE T
SAN LUIS OB/SPO, CA 9340 1
805-541-1663 FAX541-1664
DATE.07-29-2011 JOB#448-05
EXHIBIT R 5C16:C15:C14:
R=184.00 'R=295.00 'R=166.00 '
4=679 '13"d=73420 "A=26V7'18"
—L=20.30 'L=38.99 'L=75.68 '
/~
!I /
~~
1 1
I v
11.00 '_-w~~
__- -N~
22.00 'WIDE PUBLIC
PEDESTR/AN AND B/KE 7O\~
PATH EASEMEN T
MA DOJ"INNA ROA D
LINE TABLE UNE TABLE
UNE BEAR/NG D/ST LINE BEAR/NG D/S T
L8 S0944 00 "W 23.67'L19 57976 22 "W 25.37 '
L9 S0578'22"W 37.16 'L20 S0134 41 E 7721 '
L10 S0852 '16 "W 50.95 'L2 1 S6752 '04 ''E 1246 '
L11 S660235 "W 58.27'L22 N01 :34 41 "W 70.53 '
L12 S2775 '17"W 3249 'L23 N79 4104E 9.96 '
L13 S34 53'46"W 35.81 'L24 N1001 '13 "W 6.92 '
L14 5447828 "W 23.87'L25 N1OV1 '13 "W 7.01 '
L15 S323128 "W 51.74 'L26 N1OV1 '13 "W 13.93 '
L16 5473839 "W 35.32 'L27 N1001 '13 "W 4.08 '
L17 S7276 21 "W 16.78 'L28 N10V1 '13 "W 3.99 '
L18 S7958 '47"W 31.18 '
PORT/ON OF LO T
DD PER A—MB--15 1
0
SEE EXHIBI T
c~~•q!;,.
B-6
RAD3 p
~
N 472326 "E
(
213.75
S5871 ¢g~y RAD)
--.-RAD 3 = S6534 56 "W
C17.C18:C19:
R=80.00 'R=72.00 'R=20.00 '
d=2371 '06 " 4=30 24 '14 " 4=5631'04 "
L=32 37'L=38.21 'L=19. 73'
1 (-Pk.4., C13.•
j►~~,~'5 R=961.00 '
IN 1 d=608'1 1
I =L=102.92
I ^~1~11.00 'l a
1
iiilllll R=120.00 '
d=427530 ”
R=100.00'L=88.85 '
4=374729"R 1
L=65.96 '
R1
STATE H/GHWA Y 101 R.O.W.
ANGLE POINT AT STA AON
753+66.01 80 'LEFT PER R1
McMilla n
LAND SURVEYS
2306 BROAD STREE T
SANLUISOBISPO,CA 93401
805-541-1663 FAX541-166 4
DATE: 07-29-2011 306 0448-05
NO SCAL E
LI'~()
csz
4:II u;1\i'C11:„l
R=1042.00L.a I d=35430 1
O L=71.08 '
LEGEND:
R1 DENOTES RECORD PER STATE HIGHWAY RIGHT OF WAY MAP 05—SLO—101—2Z 4
POB DENOTES PO/NT OF BEG/NN/NG
TPOB DENOTES TRUE POINT OF BEG/NN/NG
POT DENOTES POINT OF TERM/NUS
RAD DENOTES RADIAL BEARING
DENOTES FOUND 6X6 CONCRETE HIGH WA Y RIGHT—OF—WA Y MONUMENT KE/ TH MCM LA Na
.EXIBIT B-6
PORTION OF LO T
DD PER A -MB-16 1
C13.•
R=961.00 '
A=6278 '11 "
L=102.92 '11 .00'
C12:
I1w R=153.00
m A=1741 '11 "
1-.L=47.23 '
12 /1
1 ,/l//1//%\`O
N\
11.00
I Nw~
' _ _
y\\~,...
2200' WOE PUBLICPEDES7R/AN AND BIKE
PATH EASEMENT
(
I w4:1
^'I Icn
-I Cll.-IdaR=1042.00 (I A=354 '30 "I acO L=71.08 'I o
-MA D
DETAIL N
9aJ~.A
ONiVA ROA D
R1 DENOTES RECORD PER STA 7E H/GHWA Y RIGHT OF WAY MAP 05-SLO-101-27 .4
POB DENOTES POINT OF BEG/NN/N G
TPOB DENOTES TRUE PO/NT OF BEGINNING
POT DENOTES POINT OF TERM/NUS
RAD DENOTES RADIAL BEAR/N G
O DENOTES FOUND 6X6 CONCRETE HIGHWAY RIGHT-OF-WAY MONUMENT KEITH MCM/ AN L .S. 6729
C16:C15:C14:
R=184.00 'R=29500 'R=166.00 'A=679 '13"4=73420 "4=26177'18 "
L=20.30 'L=38.99 'L=75.68'
4 ))'\-0_P.O.Tr,.
\*-\I?,90/
I
tslcrt
aam I
i u~
N\Jr._LA \
cam\
S7958 47 "W 31.18'
S797622 "W 2537'
S0134 41 E 77.21 '
S6752 04 E 12.46 '
N01'34 '41 "W 70.53 '
N79 4104E 9.96 '
N1OV1 '13"W 6.92 '
N1O771 '13""W 7.01 '
N10V1 '13"W 13.93 '
N1OV1 '13"W 4.08 '
N1OV1 '13"W 3.99'
sue,C9:
R=90.00'
—‘„ A=577020 "
Qi "\F.L=89.81 '
hI
\Tr)0/0
/, ''
NO SCALE
McMilla n
LAND SURVEYS
2306 BROAD STREE T
SAN LUIS OBISPO, CA 9340 1
805-541-1663 FAX541-166 4
DATE.' 07-29-2011 3O B0448-05
SEE DETAIL
A BELO W
BAs —G~ qo J
.
*-
L _N 4723 '26 E
558 2148H'(RADA
BRAD 3 = S6534 56 "W
C17.
R=80.00 '
A=2371'06 "
L=32.37 '
C1&
R=72.00'
A=3024 '14 "
L=3&21 '
C19:
R-2a00'
A=563104 "
L=19.73'
RA0 3
L18
L19
L20
L2 1
L22
L23
L24
L25
L26
L27
L28
LEGEND:
RAD 1 =N85 5409 "WRAD2=N2923 '06 "W
\cy,\N C10:•/ Jo-R=64.00'IA.\w A=3847 '197 )
L=43.33'/^`''\o
STATE H/GHWA Y 101 R.O.W.
A N G L E P O / N T A T STA 170N
753+66.01 80 'LEFT PER R1
R=120.00 '
A=422530 "
R=100.00' L=88.85 '
A=374729"R1
L=6596 '
R 1
DENOTES TPOB VAR/ABLE W1DTH EASEMEN T
`S DENOTES POT 22' W'DE EASEMENT
ATTACHMENT 2
RESOLUTION NO .
(2012 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISP O
ACCEPTING THE MADONNA INN BIKE PATH IMPROVEMENTS AN D
AUTHORIZING THE MAYOR TO SIGN THE EASEMENT AGREEMEN T
WHEREAS,the City Council approved a Memorandum of Understanding concernin g
the Madonna Inn Bike Path ; and
WHEREAS,the developer has satisfactorily completed the improvements for the bike
path in accordance with the approved plans, permits, City standards, and MOU, and ha s
requested acceptance of the public improvements for maintenance and operation by the City ; an d
WHEREAS,the developer and city staff have concurred on the language for th e
easement agreement and have reviewed the easement legal descriptions, and the
developer/property owners have signed said agreement; an d
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Lui s
Obispo as follows :
SECTION 1 .The City Council hereby accepts the Madonna Inn Bike Pat h
improvements for city maintenance in accordance with the easement agreement .
SECTION 2 . The City Council hereby approves the easement agreement and authorize s
the Mayor to sign the agreement and that the City Clerk shall cause said easement agreement t o
be recorded .
Upon motion of , seconded by
and on the following roll call vote :
AYES :
NOES :
ABSENT :
The foregoing resolution was adopted this day of 2012 .
Mayor Jan Mar x
ATTEST :
City Clerk
R
C2-22
Resolution No.
(2012 Series )
Page 2
ATTACHMENT 2
APPROVED AS TO FORM :
/s/Christine Dietric k
Christine Dietric k
City Attorne y
T :\Council Agenda Reports \2012\2012-04-03\Acceptance of Madonna Inn Bike Path & Easement (Walter-Hannula)\Attachment 2 - Draft
Resolution .doc
C2-23
Page intentionally left
blank .