HomeMy WebLinkAbout01-20-2015 C6 Olive and Morro Abandonment Null and VoidCity of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number
FROM: Derek Johnson, Community Development Director
Prepared By: Hal Hannula, Supervising Civil Engineer
Diane Dostalek, Engineering Consultant
SUBJECT: RESOLUTION CONFIRMING THE OLIVE AND MORRO STREET
ABANDONMENT TO BE NULL AND VOID (ABAN 83-99)
RECOMMENDATION
Adopt a resolution confirming the Olive and Morro Street abandonment to be null and void.
DISCUSSION
Background
On November 21, 2000, the City Council approved the abandonment of a portion of Olive and
Morro Streets adjoining the Homestead Motel site at 920 Olive Street (previously known
as 950 Olive Street) (Attachment 1 – vicinity map). Resolution No. 9132 (2000 Series)
(Attachment 2) required several conditions be met before the abandonment was to take effect.
Condition D of Resolution No. 9132 (2000 Series) required a lot line adjustment or merger of the
adjoining parcel. The adjoining parcel is labeled “Duplexes” on Attachment 1. Although the
Duplex lot physically touches Chorro Street, the creek creates a physical barrier to Chorro, so the
Duplex lot takes its access off of Olive Street. If Olive was abandoned without fulfilling
Condition D, then the Duplex lot would be landlocked, which is not allowed per City Code
requirements. At the time the Olive and Morro abandonment was being processed, the
Homestead Motel site and the Duplex site were both owned by the same property owner
(Ramesh Patel). Since that time the two properties have been sold to two different property
owners. Neither of the deeds that transferred the properties incorporated any portion of Olive or
Morro Streets, so the deeds did not recognize any abandonment of those streets.
Condition E of Resolution No. 9132 (2000 Series) required the applicant to pay the fair market
value of the Olive Street right-of-way. Condition E was also never fulfilled.
Resolution No. 9132 (2000 Series) stated that the conditions were to be met within one year of
approval of the abandonment or the approval would be considered null and void. In 2001
Council approved Resolution No. 9253 (2001 Series) extending the deadline for an additional
year because the City was currently negotiating with the property owner to complete the
conditions and to determine a fair market value of the Olive Street right-of-way. Negotiations
were never completed and the properties have since been sold.
Confirming the Abandonment Null and Void
Resolution No. 9132 (2000 Series) was only supposed to be recorded once all the conditions
were met. However, it was inadvertently recorded on December 4, 2000, as Document
No. 2000-071906 in the County Recorder’s office. In order to eliminate potential confusion
during future title searches, it is recommended that a new resolution (Attachment 3) be recorded
that formally confirms the original resolution null and void.
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OLIVE AND MORRO ABANDONMENT NULL AND VOID (ABAN 83-99) Page 2
The current owners of the Homestead Motel property and the Duplex property have been notified
of the proposed Council action and no opposition to the recommended action has been received.
CONCURRENCES
The Public Works Department concurs with the recommended action.
ENVIRONMENTAL REVIEW
This action is categorically exempt from environmental review per City Environmental
Guidelines and the California Environmental Quality Act (CEQA), Section 15301 (Existing
Facilities). Therefore, no further environmental review is required.
FISCAL IMPACT
There is no fiscal impact from confirming this abandonment null and void. The City will
continue to maintain Olive Street. Morro Street is a paper street and requires no maintenance
other than landscape maintenance.
ALTERNATIVES
Do not record the resolution confirming the original resolution null and void. If Council
decides not to record a resolution, then whether or not the streets were actually abandoned may
be a point of confusion for those performing future title searches for the two subject properties.
Direct staff to negotiate with the current property owners to fulfill the original conditions of
the abandonment. Council could direct staff to begin negotiations with the current property
owners to fulfill the original conditions of the abandonment. Since the properties are now owned
by different property owners, both property owners would need to accept the terms of the
abandonment. Neither property owner is proposing any development for their sites at this time.
Furthermore the abandonment would have to go back through the abandonment process since the
time limit has expired. The current fee to process an abandonment is $10,741, and the current fee
for a lot line adjustment is $4,271. Those fees would need to be paid by the current property
owners.
ATTACHMENTS
1. Vicinity Map
2. City Council Resolution No. 9132 (2000 Series)
3. Draft Resolution Confirming the Abandonment Null and Void
T:\Council Agenda Reports\2015\2015-01-20\Abandonment of Church St (Johnson-Hannula-Dostalek)\Council Agenda Report.docx
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Attachment 2
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Attachment 2
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Attachment 2
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Attachment 2
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R _____
RESOLUTION NO. (2015 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
CONFIRMING THE OLIVE AND MORRO STREET ABANDONMENT
TO BE NULL AND VOID
WHEREAS, on November 21, 2000, the City Council approved Resolution No. 9132
(2000 Series) authorizing the abandonment of a portion of Olive and Morro Streets
(ABAN 83-99) in the vicinity of 950 Olive Street; and
WHEREAS, the resolution approving the abandonment listed several conditions that
were to be met prior to the abandonment taking effect; and
WHEREAS, the resolution established a one-year time limit to complete the conditions
or the abandonment would be considered null and void; and
WHEREAS, City Council approved Resolution No. 9253 (2001 Series) extending the
deadline to complete the conditions by an additional year; and
WHEREAS, Conditions D and E of Resolution No. 9132 (2000 Series) have not been
completed; and
WHEREAS, Resolution No. 9132 (2000 Series) was inadvertently recorded on
December 4, 2000, as Document No. 2000-071906 in the San Luis Obispo County Recorder’s
office without all of the conditions being met; and
WHEREAS, the City Council wishes to clarify that the required conditions of the
abandonment were never met and therefore the abandonment is null and void.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The conditional abandonment of Olive and Morro Street originally
approved by City Council as Resolution No. 9132 (2000 Series) is hereby confirmed as null and
void.
SECTION 2. Those portions of Olive Street and Morro Street described in Resolution
No. 9132 (2000 Series) shall remain as public streets.
SECTION 3. The City Clerk shall cause a certified copy of this Resolution Confirming
the Olive and Morro Street Abandonment to Be Null and Void, duly attested under the seal of the
City, to be recorded in the Office of the San Luis Obispo County Recorder.
SECTION 4. The Mayor and City staff are authorized to take action necessary to carry out
the intent of this resolution.
Attachment 3
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Resolution No. (2015 Series)
Page 2
Upon motion of ___________________________, seconded by ___________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was passed and adopted this 20th day of January 2015.
Mayor Jan Marx
ATTEST:
___________________________
Anthony Mejia
City Clerk
APPROVED:
_____ _____
J. Christine Dietrick
City Attorney
T:\Council Agenda Reports\2015\2015-01-20\Resolution Declaring the Olive and Morro Street Abandonments to be Null and
Void (Johnson-Hannula-Dostalek)\Attachment 3 - Draft Resolution.docx
Attachment 3
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