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Home My WebLink About10/21/2003, C9 - MORRO STREET ABANDONMENT - TIME EXTENSION TO COMPLETE CONDITION OF ABANDONMENT RESOLUTION council j acEnaa Repoin C I T Y OF SAN L U IS 0 B I S P 0 FROM: Wendy George,Assistant City Administrative Officer Jonathan P.Lowell, City Attorney Prepared By: Shelly Stanwyck,Economic Development Manager SUBJECT: MORRO STREET ABANDONMENT — TIME EXTENSION TO COMPLETE CONDITION OF ABANDONMENT RESOLUTION CAO RECOMMENDATION Adopt a resolution approving a sixty (60) day time extension to complete condition at Section 2, Item 2 of the Morro Street abandonment per Resolution No. 9362 (2002 Series). DISCUSSION The Council adopted Resolution No. 9362 (2002 Series) on September 3, 2002, which provides for the abandonment of portions of Morro Street, between Palm and Monterey Streets. The.resolution conditions certain easements for existing and future public utilities, drainage, sewer and water mains and appurtenances and for a planned pedestrian walkway between Palm and Monterey Streets. However,there is one uncompleted condition yet to be met as follows: Section 2,Item 2—The abandonment shall not become effective until the City receives fee title ownership of the adjacent.northeasterly property. The City is acquiring the northeasterly property, in accordance with the Payment Agreement approved by the City Council on February 18, 2003, to allow for construction by the Copelands of a parking structure to then be transferred to City ownership. 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 ostponedCONCURRENCES The Community Development Director and Public Works Director concur with the recommended action. FISCAL IMPACT None relating to the recommended action. Morro Street Abandonment — Time Extension to Complete Condition of Abandonment Resolution Page 2 ALTERNATIVES Deny the sixty day time extension. This would require additional recordation of a resolution that rescinds the abandonment of the Morro Street portion of the previously approved abandonment resolution. This 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 2) Resolution No. 062 (2002 Series) and Vicinity Map G:Agenda-Ordinances-Reso1\Morro St Abandonment-Agenda RptDOC CQ-2 Attachment 1 RESOLUTION NO. 9493 (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. 9362 (2002 SERIES) RELATING TO THE ABANDONMENT OF A PORTION OF MORRO STREET BETWEEN PALM AND MONTEREY 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 Morro 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 3 of Resolution No. 9362 (2002 Series) states that Item 2 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 3 to allow the property owner to complete Item 2, as prescribed in the aforesaid Resolution No. 9362 (2002 Series). All other provisions of the said resolution will 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. c9-3 Attachment 1 Resolution No.9493 (2003 Series) Page 2 David F. Romero, Mayor ATTEST: Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: 1�7 � Jo4athawf Lowell City Attorney G:\Agenda-Ordinances-ResoNNoao St_Abandonment-Res 9493.doc -- Attachment 2 Recording requested by and when recorded mail to: City Clerk 990 Palin Street San Luis Obispo,CA 93401 RESOLUTION NO.9362(2002 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT A PORTION OF.THE MORRO STREET RIGHT OF WAY,BETWEEN PALM AND MONTEREY 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 a portion of Morro Street,between _ Palm and Monterey 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: L Reservation of easements over the southwesterly 3.5 feet of the abandoned right of way for public pedestrian and utilities purposes, as described and shown on said attached "Exhibit A". 2. The abandonment shall not be effective until the City receives fee title ownership of the adjacent northeasterly property. C3. Item 2 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 condition prescribed in Section 3 has been met, the City Clerk shall cause a certified copy of this Resolution of Abandonment, duly.attestcd under the seal of the City,to be recorded in the Office of the San Luis Obispo County Recorder. R 9362 c9-� —- - Attachment 2 Resolution No. 9362 (2002 Series) Page 2 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 September, 02. ayor Allen K. Settle ATTE T: Lee Price, CMC City Clerk APPROVED AS TO FORM: ff G. 1 rg en ity Attorney C��G � 4302 F�.�htbi+,4 J PALM STREET (so• R/W) to� �I D O GZ? 1 X 10) ' s m O Z c [7 $ n a � o zm v =. '` n ns. a 2 _�A F s 00 � h Q C] oo �^ H a ' rri ro 0 o" n yq ��iy A CA q �J c � ts• we � �s °gg rS oito0.� 7cf o r pr ra I O t t��ppw (9 p• •'• _04 a O QM • ro r ro •w�e.� ?t A ? - t' o O C yrs . 1 + ya o Boacs R M ca w 1� 25 20 45 5o Cityor EXHIBIT A t" MORRO ST.ABANDONMENT san Wi S Qim Spo BETWEEN PALM&MONTEREY STREETS