HomeMy WebLinkAbout10/22/1996, C-5 - RIGHT OF WAY ACQUISITION ON ORCUTT ROAD (MARILYN STICKLER, ET AL) council
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CITY OF SAN LUIS OBISPO
FROM: Michael D. McCluskey, Public Works Director
Prepared By: Jerry Kenny, Supervising Civil Engineer
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SUBJECT: Right of Way Acquisition on Orcutt Road (Marilyn tickler, et al)
CAO RECONMIENDATION:
1) Approve the agreement with Marilyn Stickler, et al, to acquire Orcutt Rd. right of way
adjacent to 761 Orcutt Road and 3210 Broad Street in the amount of $ 61,500 and
authorize the Mayor to execute the agreement.
2) Approve an appropriation in the amount of$75,000 for 1997-98 for the Orcutt Rd. storm
drain project.
DLSCUSSION:
Public Works staff has negotiated an agreement with the owners of 761 Orcutt Road and 3210
Broad St. to acquire additional right of way necessary for widening Orcutt Rd. to comply with
the revised setback line map recently adopted by the City Council. The property owner already
dedicated 22 ft. to accommodate the prior setback line at no cost to the City. The added 9 ft.
of R/W is needed to allow for a future 16 ft-wide landscaped median and was determined to be
a rightful City cost, since the median was a city-wide benefit for "aesthetic" purposes and the
property owners already met their prior dedication obligation, based on the prior setback line.
The agreement provides for payment of$ 61,500 for the 6,150 sq. ft. of R/W attributable to the
9 ft. widening per the setback line map. This value has been determined by staff to be fair and
equitable, based on a comparison of a range of comparable sales of similar properties. An
additional gratis 5 ft. of widening is included to accommodate a free right turn lane, specific to
a proposed project approved for a portion of the owners' property (3210 Broad), under a
conditional use permit. As a condition of that project, standard frontage improvements and pave-
out will be installed by the developer, along with landscaping of the parkway. Construction of
this project is expected to be pursued in the near future.
Development of the property will trigger the extension of the existing major culvert crossing
Orcutt Road in 1997, estimated to cost $ 75,000. Current policy provides for the construction
of drainage structures by the City in conjunction with developments such as this, per Resolution
No. 4130 (1980 Series) and Resolution No. 2768 (1975 Series). If the project does not proceed
as expected, and if the City Council decides to widen all or a portion of the street adjacent to the
subject properties to accommodate traffic needs, the agreement provides for "reimbursement" for
any "Developer" costs incurred by the City.
6,C4
Council Agenda Report - Orcutt Rd Agreement (Stickler)
Meeting of October 22, 1996
Page two
The executed grant deed (fee title) has been received by staff, subject to approval of the
agreement and required compensation.
FISCAL MPACT:
Funds for acquisition of R/W available in the 1995-97 Financial Plan
for Orcutt Rd. widening. (See pages E-7 and E-22) $ 70,000
If approved, this agreement will obligate the Council to appropriate $ 75,000 for construction of
the culvert extension in 1997-98. Accordingly, it is recommended that the Council approve an
appropriation for 1997-98 in the amount of $75,000 (the current estimated cost of this project)
at this time. While this action will be subject to ratification when the Council adopts the 1997-99
Financial Plan, it is a required action under the proposed agreement.
ALTERNATIVES:
OPTION 1: Deny approval of the agreement if the Council is not satisfied
with terms of the agreement.
ATTACHMENTS:
1. agreement
2. setback line map
G:\mp51\dreviem\orcuttAstickler.ccr
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Recording requested by
and when recorded return to:
City Clerk
990 Palm Street
San Luis Obispo, CA 93401
APN 004-601-0071
APN 053-221-0031
AGREEMENT
THIS AGREEMENT, executed this day of ,
19961 by and between Marilyn J. Stickler, trustee of the Marilyn J.
Stickler Revocable Trust, dated June 14, 1989, Thomas V. Erno,
Gerald R. Jones and Gayle J. Kirkorian, hereinafter called
"GRANTOR(S) ", and the City of San Luis Obispo,
hereinafter called "CITY".
I. GRANTOR(S) shall grant a street widening deed (fee title) to
the CITY along the Orcutt Road frontage of GRANTOR(S) 'property, as
shown on the attached Exhibit A. The widening of this additional
9 ft. of right of way (beyond the 22 ft. already acquired by CITY)
is the result of a recently revised Orcutt Road setback line,
adopted by the City Council, that provides for a future landscaped
median (by CITY) and a wider parkway.
2 . CITY, and GRANTOR agree, for purposes of this agreement, that
the value of the property to be acquired is sixty-one thousand five
hundred dollars ($ 61,500. 00) and in-lieu of payment at this time
for said deed, CITY and GRANTOR enter into this agreement.
3. GRANTOR intends to develop the property adjacent to the above-
referenced additional right of way in the near future.
4. CITY agrees to:
a. Pay the sum of sixty-one thousand five hundred dollars
($ 61,500.00) for purchase of the above-referenced property
(fee title) . The funds shall be paid upon receipt of a deed
conveying clear title to the subject property.
b. Budget for and reimburse GRANTORS for the pro-rata design
and construction costs to extend the existing drainage
structure under Orcutt Rd. (approximately 700 ft. east of
Broad St. ) to the future back of sidewalk, during .the next
City budget period. The actual amount of reimbursement shall
be paid upon satisfactory completion and acceptance of this
work and submittal of a certified statement of cost, as
determined by the City Engineer.
Orcutt Rd. Widening Agreement (Stickler)
Page Two
5. GRANTOR(S) shall be responsible for installation of standard
curb, gutter, sidewalk, paveout, street trees and drainage
facilities as conditions of development of the subject property, at
GRANTOR(S) I sole cost and expense, except as prescribed in 4.b. ,
above.
6. If CITY paves out any portion of Orcutt Road, adjacent to
GRANTOR(S) I property, CITY shall calculate the equitable (market)
value of City-installed facilities which are the responsibility of
the Developer, pursuant to this agreement. The GRANTOR(S) shall
reimburse CITY for the cost of any of the GRANTORS) I share of
pavement work.
7. This agreement in no way encumbers the CITY, nor commits CITY
or GRANTOR, to any other responsibility that may arise for either
party, due to development of the adjacent property.
8. All notices or other communication required or permitted
hereunder shall be in writing, and shall be personally delivered or
sent by registered mail, postage prepaid, return receipt requested,
at the following addresses:
GRANTOR(S) : Marilyn J. Stickler
P.O. Box 389
San Luis Obispo, CA 93406-0.389
CITY: Public Works Director
955 Morro Street
San Luis Obispo, CA 92301
9. This agreement shall be binding upon, and shall inure to the
benefit of, the successors, heirs, and assigns of the parties
hereto.
10. This agreement contains the entire agreement between the
parties hereto relating to the Property, and may not be modified
except by an instrument in writing signed by the parties hereto.
i
ATTEST: CITY OF SAN LUIS OBISPO
CITY CLERK MAYOR Allen Settle
Orcutt Rd. Widening Agreement (Stickler)
Page Three
APPRO D AS TO FORM:
7TY/ATTI RN7Jeffrey G. Jorgensen
GRANTOR(S) :
The Marilyn J. Stickler
Revocable Trust, dated 6-14-89
B .
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Mar lyn ti ler, ustee
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Tho
Geral R. Jones
ayl J. irko ian
(Attach notary certificates)
G:\WP51\DReview\Orcutt\Stickler.AGR
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SHEET 1 OF 2
EXHIBIT A
R/W ACQUISITION - STICKLER TO CITY OF SAN LUIS OBISPO
LEGAL DESCRIPTION
Those certain portions of Parcels A and B of LLA SL 86-026, as
recorded in Volume 2959 at Page 697 of Official Records in the
office of the San Luis Obispo County Recorder, State of California,
and as shown on -RS 53/96, lying northerly of the following
described line:
Beginning at the northeasterly corner of said Parcel B; thence
South O degrees 32135" East along the easterly line of said
Parcel B,' a distance of 22 ft, more or less, to the most
easterly corner of the property described in a street widening
deed recorded in Volume 3124 at Page 80, in the office of the
above-said County Recorder; said point being the TRUE POINT OF
BEGINNING; thence, continuing along said easterly line a dis-
tance of 9 ft. ; thence, South 89 degrees 34' 3311 West a
distance of 435 ft. ; - thence, South 0 degrees 32' 35" East a
distance of 5 ft. ; thence South 89 degrees 34' 33" West a
distance of 248.26 ft.., more or less, to the existing R/W line
of Broad Street.
EXCEPT . therefrom, those portions of said Parcels A and B
previously dedicated to the City of San Luis Obispo for street
widening purposes.
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