HomeMy WebLinkAboutR-10592 1804 Osos Street Disposition of Surpluc PropertyRESOLUTION NO. 10592 (2015 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING THE REAL PROPERTY
EXCHANGE AGREEMENT AND THE ENVIRONMENTAL INDEMNITY
AGREEMENT WITH THE SUBDIVIDERS OF PARCEL MAP SLO 07 -0094,
1804 OSOS STREET, TO DISPOSE OF CITY SURPLUS PROPERTY,
BEING A PORTION OF RAILROAD AVENUE
WHEREAS, The City of San Luis Obispo is a charter city as defined in the California
Constitution article XI, section 5 and may transfer real property as provided by City Charter
Section 906; and
WHEREAS, the City Council made certain findings concerning the disposition of
surplus property (a portion of Assessor's Parcel No. 003 -571 -023), as prescribed in Resolution
No. 10073 (2009 Series); and
WHEREAS, the City no longer has need for the surplus property, and the disposition of
the surplus property to facilitate infill development is consistent with the policies of the Land
Use and Housing Elements of the General Plan; and
WHEREAS, the sale of surplus government property is exempt from the California
Environmental Quality Act ( "CEQA "), pursuant to Section 15312 of the CEQA Guidelines; and
WHEREAS, in exchange for acquisition of the surplus property, the subdividers of Parcel
Map SLO 07 -0094 have agreed to construct certain improvements that benefit the City and the
public; and
WHEREAS, the parties recognize that there is a risk that the City property being transferred
herein is impacted by underground soil contamination resulting from past, present, and future
railroad operations; and
WHEREAS, the City wishes to be released from any claims, liabilities and obligations
associated with the physical or environmental condition of the surplus property; and
WHEREAS, the subdividers of Parcel Map SLO 07 -0094 agree to accept all risks,
liabilities and obligations arising from or relating to the physical and environmental condition of the
surplus property.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The above recitals are true and correct and incorporated herein by this
reference.
R 10592
Resolution No. 10592 (2015 Series)
Page 2
SECTION 2. That the surplus property being transferred does not have any significant
value as wildlife habitat or other environmental purposes and that, due to the size and shape of the
property, it is incapable of independent development or use.
SECTION 3. The Real Property Exchange Agreement is hereby approved.
SECTION 4. The Environmental Indemnity Agreement is hereby approved.
SECTION 5. The City Council hereby authorizes the City Manager to execute said
agreements on behalf of the Council of the City of San Luis Obispo.
SECTION 6. The City Council hereby authorizes the Mayor and City staff to take action
necessary to carry out the intent of this resolution.
Upon motion of Vice Mayor Ashbaugh, seconded by Council Member Christianson, and on the
following roll call vote:
AYES: Council Members Carpenter, Christianson and Rivoire,
Vice Mayor Ashbaugh and Mayor Marx
NOES: None
ABSENT: None
The foregoing resolution was adopted this 20th day of January, 2015.
ATTEST:
Anthor-k-
11t1jony J. Mej i MMC
City Clerk
M
J! Christine Dietrick
City Attorney
(1, qyt"'-
Ati Jan Marx
Resolution No. 10592 (2015 Series)
Page 3
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this Tsl"�ay of — Saw%l312`r '1 , Z011
Xw4-.,414--CTN,
nthony J. Mej if MMC
City Clerk