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HomeMy WebLinkAbout10/21/2003, C8 - COURT STREET ABANDONMENT - MODIFICATION OF CONDITIONS AND TIME EXTENSION TO COMPLETE CONDITIONS council 161-91/03 j ac En as nEpont e r CITY O F SAN LU IS OBISPO FROM: Wendy George,Assistant City Administrative Officer V� Jonathan P. Lowell, City Attorney 4�. Prepared By: Shelly Stanwyck,Economic Development Manager SUBJECT: COURT STREET ABANDONMENT — MODIFICATION OF CONDITIONS AND TIME EXTENSION TO COMPLETE CONDITIONS CAO RECOMMENDATION Adopt a resolution approving a sixty (60) day time extension to complete conditions of the Court Street abandonment per Resolution No. 9361 (2002 Series) and modifying the conditions to comport with the project as approved. DISCUSSION The Council adopted Resolution No. 9361 (2002 Series) on September 3, 2002, which provides for the abandonment of portions of Court Street, between Higuera and Monterey Streets. The resolution conditions certain easements for existing and future public utilities, drainage, sewer and water mains and appurtenances and a pedestrian walkway between Higuera and Monterey Streets. The resolution provided in part as follows: SECTION 2. This Council hereby orders the abandonment of said right-of-way subject to the following: 1. Reservation of an easement over the southwesterly twenty-five (25) feet of the abandoned right-of-way for public pedestrian access, public and private utilities, emergency access, ingress and egress to buildings on the adjacent properties and private drainage purposes, and a "public" drainage easement is reserved for that portion of the under-city culvert/bridge (San Luis Obispo Creek) that lies within the abandonment area, as shown on said "Exhibit A." The northerly line of this easement is five (5) feet northerly of the existing outside wall of the culvert, and "Reserving to Pacific Gas and Electric Company, the right from time to time to install, maintain, repair, operate, replace, remove and renew underground wires and other structures,equipment and fixtures for the operation of said facilities within said easement." 2. All utility relocations, conversion of utilities from public to private, and meter relocations shall be completed prior to recordation of abandonment, unless an agreement to construct the necessary revisions and acceptable surety has been posted, to the satisfaction of the Public Works Director, Utilities Director, Chief Building Official and affected utility Court Street Abandonment. — Time Extension to Complete Conditions and Modification Thereof Page 2 companies. 3. Any building code upgrades required for the proposed abandonment and adjusted property lines shall be reviewed, approved, permitted, and receive final inspection approvals, to the satisfaction of the City prior to recordation. 4. The abandonment shall not be effective until the City has sold the adjacent northeasterly property to the applicant. 5. Items 1 through 4 must be met within one (1) year of this date. Otherwise, this resolution will expire and be null and void. To comport with other previous approvals and agreements relating to the Copeland project, Item 2 should be modified to read as follows: "Any utility relocation, conversions of utilities from public to private, and meter locations shall be completed pursuant to the building permit issued for the project at 999 Monterey Street." And,in addition,Item 3 should be modified to read as follows:. "Any building code upgrades required for the proposed abandonment and adjusted property lines shall be reviewed, approved and completed pursuant to the building permit issued for the project at 999 Monterey Street." In addition, escrow for this transaction is slated to close within the next week. Minor delays have occurred due to the number of parties involved in the real property transactions associated with the project. A sixty day extension is recommended to allow for additional flexibility should the close of escrow be further postponed. CONCURRENCES The Community Development Director and Public Works Director concur with the recommended action. FISCAL IMPACT None relating to the recommended action. ALTERNATIVES Deny the sixty day time extension. This would require additional recordation of a resolution that rescinds the abandonment of the previously approved Court Street abandonment resolution. This Court Street Abandonment — Time Extension to Complete Conditions and Modification Thereof Page 3 option is not recommended as it would result in substantial delay to the Copeland projects at Palm and Morro and at Court Street. Attachments: 1) Draft resolution approving time extension and minor modifications to conditions 2) Resolution No. 9361 (2002 Series) and Vicinity Map G:Wgenda-Ordinances-Resol\Court St Abandonment-Agenda Rpt.DOC c�3 Attachment 1 RESOLUTION NO. 9492 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A SIXTY DAY TIME EXTENSION TO COMPLETE CONDITIONS OF RESOLUTION NO. 9361 (2002 SERIES) RELATING TO THE ABANDONMENT OF COURT STREET BETWEEN MONTEREY AND HIGUERA STREETS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with the public hearing duly held on September 3, 2002, pursuant to Section 8300 et seq. of the California Streets and Highways Code, this Council finds and determines that as described and shown on Exhibit "A," attached hereto and incorporated herein, is not necessary for present or future public street purposes. SECTION 2. This Council has determined that the Court Street right of way, within the proposed abandonment area, is hereby deemed to be "excess property" and may be quitclaimed only to the adjacent property owner upon receipt of payment of fair market value, to the satisfaction of the City Administrative Officer. SECTION 3. Section 2, Item 5 of Resolution No. 9361 (2002 Series) states that Items 1 through 4 must be met within one year or that resolution will be null and void and, based on negotiations currently under way between City staff and the adjacent property owner which may be more beneficial to the City than simply selling the excess City-owned right of way. SECTION 4. This Council hereby approves a sixty (60) day time extension to Section 2, Item 5 to allow the property owner to complete Items 1 through 4, as prescribed in the aforesaid Resolution No. 9361 (2002 Series). SECTION 5. Section 2, Item 2 of Resolution No. 9361 (2002 Series) is modified to read as follows: "Any utility relocation, conversions of utilities from public to private, and meter locations shall be completed pursuant to the building permit issued for the project at 999 Monterey Street." SECTION 6. Section 2, Item 3 of Resolution No. 9361 (2002 Series) is modified to read as follows: "Any building code upgrades required for the proposed abandonment and adjusted property lines shall be reviewed, approved and completed pursuant to the building permit issued for the project at 999 Monterey Street." SECTION 7. All other provisions of Resolution No. 9361 (2002 Series) shall remain. On motion of seconded by and on the following roll call vote: AYES: NOES:. ABSENT: The foregoing resolution was adopted this 21"day of October 2003. Attachment 1 Resolution No.9492(2003 Series) Page 2 David F. Romero, Mayor ATTEST: Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: Jona anwell City Attorney G:\Agenda-Ordinances-Resol\Court St.Adandonment-Res 9492.doc i Attachment 2 Recording requested by and when recorded mail to: City Clerk 990 Palm Street San Luis Obispo, CA 93401 RESOLUTION NO. 9361 (2002 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT COURT STREET, BETWEEN MONTEREY AND IHGUERA STREETS,IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING ITS ABANDONMENT,SUBJECT TO RESERVATION OF SPECIFIC EASEMENTS. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with a public hearing duly held on September 3, 2002, pursuant to Section 8300 et seq. of the California Streets and Highways Code and a finding of General Plan consistency, that this Council finds and determines that Court Street, between Monterey and Higuera Streets, as described and shown on the map marked "Exhibit A", attached hereto and incorporated herein, is not necessary for present or future public street purposes. SECTION 2. This Council hereby orders the abandonment of said right-of-way subject to the following: 1. Reservation of an easement over the southwesterly twenty-five (25) feet of the abandoned right of way for public pedestrian access, public and private utilities, emergency access, ingress and egress to buildings on the adjacent properties and private drainage purposes, and a"public" drainage easement is reserved for that portion of the under-city culvert/hrdge (San Luis Obispo Creek) that lies within the abandonment area, as shown on said "Exhibit A". The northerly line of this easement is five (5) feet northerly of the existing outside wall of the culvert, and "Reserving to Pacific Gas and Electric Company, the right from time to time to install, maintain, repair, operate,replace, remove and renew underground wires and other structures, equipment and fixtures for the operation of said facilities within said easement" 2. All utility relocations, conversion of utilities from public to private, and meter relocations shall be completed prior to recordation of abandonment, unless an agreement to construct the necessary revisions and acceptable surety has been posted, to the satisfaction of the Public Works Director, Utilities Director, Chief Building Official and affected utility companies. R 9361 Attachment 2 Resolution No. 9361 (2002 Series) Page Two 3. Any building code upgrades required for the proposed abandonment and adjusted property lines shall be reviewed, approved, permitted, and receive final inspection approvals, to the satisfaction of the City prior to recordation.. 4. The abandonment shall not be effective until the City has sold the adjacent northeasterly property to the applicant. 5. Items 1 through 4 must be met within one (1)year of this date. Otherwise, this resolution will expire and be null and void. SECTION 3. Upon.notification from the Director of Public Works to the City Clerk that the conditions prescribed in SECTION 2 have been met, the City Clerk shall cause a certified copy of this Resolution of Abandonment, duly attested under the seal of the City, to be recorded in the Office of the San Luis Obispo County Recorder. On motion of Council Member Ewan, seconded by Vice Mayor Marx, and on the following roll call vote, AYES: Council Members Ewan and Schwartz, Vice Mayor Marx, and Mayor Settle NOES: Council Member Mulholland ABSENT: None the foregoing Resolution was passed and adopted this 3rd day of Septemb 002. Mayor Allen ] ettle ATTEST: Lee Price, CMC City Clerk APPROVED AS TO FORM. &OKAF -y WeAiN fiffri bJ rge en, ty Attorney C$- 7 MCI A f - OSOS STREET SHEET I OF 2 OFFER of OEDIc+mON -FOR PUBLIC ROAD PUR SES EXISTING R PROPOSED R oCk: APN 002-433-002 APN 002-433-003 LLI W I Z N EXISTING LOT UNE TBR - W LU LU Uj APN 002-433-001 N 25 ft: easement ILIJ Public drainage easement �.� C7 N 1 OOf U CR EQ PROPERTY APN 002-431-003 APN 002-431-004 UNE t'GSL U D(ISTING LOT UNE 70' RC N F APN 002-431-005 APN 002-431-005 LOT U MORRO STREET 25' ACCRUES TO THE ADJACENT PROPER]Y TO THE EAST OF THE R/W 15' ACCRUES TO THE ADJACENT PROPERTIES TO THE WEST OF THE =50 R/W. city Of EXHIBIT A San 141S OB1Sp COURT STREET ABANDONMENT BETWEEN MONTEREY &HIGUERA STREETS Attachment .2 Sheet 2 of 2 EXHIBIT A COURT STREET ABANDONMENT BETWEEN MONTEREY & HIGUERA STREETS LEGAL DESCRIPTION Parcel 1: Court Street,as set forth and delineated on the Map of the City of San Luis Obispo,County of San Luis Obispo,State of California,according to map filed for record May I, 1878 in Book A,Page 168 of Maps in the of the County Recorder of said County,lying between the southerly line of Monterey Street and the northerly line of Higuem Street,as said Higuera Street was conveyed to the City of San Luis Obispo by deed recorded January 11, 1890 in Book 7,page 5 of deeds. Parcel 2: That portion of Block 17 in the City of San Luis Obispo,County of San Luis Obispo,State of California,according to the map thereof,recorded May 1, 1878 in Book A,at page 168 of Maps in the Office of the County Recorder of said County,described as follows: Beginning at the northeast corner of Court and Monterey Streets,as laid down on said map of San Luis Obispo;thence,in a northerly direction along Monterey St.10 feet;thence,in an easterly direction to the Arroyo de San Luis Obispo;thence,down the said Arroyo to the southerly line of Court Street;thence along Court Street,to the point of beginning. EXCEPTING THEREFROM,that portion lying southerly of the northerly line of Higuera Street. RESERVING THEREFROM,easements as shown and described in the body of the resolution.