HomeMy WebLinkAbout12/07/2004, BUS 3 - ACCEPTANCE OF AN OFFER OF DONATION OF A 1.05 ACRE PROPERTY ON SAN LUIS OBISPO CREEK AT PRADO ROAD Council "'°"°`,i"�2* -70 y
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CITY O F SAN LU IS O B I S P O
FROM: Wendy George, Assistant City Administrative Officer
Prepared By: Neil Havlik, Natural Resources Manager UU
SUBJECT: ACCEPTANCE OF AN OFFER OF DONATION OF A 1.05 ACRE
PROPERTY ON SAN LUIS OBISPO CREEK AT PRADO ROAD
AND SOUTH HIGUERA STREET
CAO RECOMMENDATION
Accept the recommendation of the Planning Commission and authorize the Mayor to adopt a
resolution accepting the donation of a 1.05 acre parcel on the east side of San Luis Obispo Creek
at Prado Road and South Higuera Street from Mr. Rob Olson, his wife Elise ("Peaches"), Randy
Ramsay, and Lizbeth Gladwill, subject to easements of record and any non-substantive changes
approved by the City Attorney, per Mr. Olson's letter offer of September 29, 2004 (Attachment
1).
DISCUSSION
The site consists of a 1.05 acre portion of a 2.95 acre property at 3440 South Higuera Street. The
proposed donation constitutes a portion of the property which lies easterly of the existing
centerline of San Luis Obispo Creek. Councilmembers will recall that the portion of the property
westerly of the creek was donated to the City by John Kuden, his wife Marilyn, and Terry Orton
in September of last year. Mr. Olson and his partners have purchased the site from Mr. Kuden
and his partners, and have offered a significant enhancement of the earlier donation, in that it
allows the City to make a realignment of the proposed Bob Jones City-to-the-Sea Bikeway to
cross San Luis Obispo Creek and bring it to the intersection of South Higuera Street and Prado
Road. This location would be safer and more attractive for routing the bikeway, which is
expected to terminate at Prado Road for the next several years. Also, the donated property
includes a 400 foot length of San Luis Obispo Creek. Thus the donation provides the City with
an opportunity to enhance both an important entryway into town and to protect and manage the
riparian vegetation along San Luis Obispo Creek, as well as to provide an important
improvement to the Bob Jones bikeway, for which funds are currently available. The Agreement
for Donation and Acceptance of Real Property is included as Attachment 2.
The Planning Commission considered the offer at its meeting of October 6, 2004, and found the
proposal to be consistent with the City's General Plan (Attachment 3).
The City would receive fee ownership of a new parcel that would be created. Under State law,
by accepting the property, the City would automatically create the new parcel.
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Council Agenda Report—Acceptance of an Offer of Donation of a 1.05 Acre Property on San
Luis Obispo Creek Paye 2
FISCAL IMPACT
Acquisition of the property by the City will not entail any direct new expenses, other than minor
costs of weed control. City staff have offered to cover minor expenses of reconveyance, if any,
imposed by the property's lender; these costs would be borne by the Natural Resource Protection
Program operational budget, and adequate funds for that purpose are available. There have been
problems of encampments on this and other nearby sites in the past, and patrol and citation of
these encampments will continue. There will ultimately be increases in required maintenance
when the Bob Jones Bike Trail is built through this area; however, those costs will only be a
small portion of the overall cost of trail maintenance, and are not expected to be significant.
Funds for landscaping of the site are included in the sizable grants which the City has obtained
for this section of the Bike Trail. Ongoing costs of creek maintenance will be funded through
Zone 9; it should be pointed out that these are costs which are already being incurred and do not
represent new costs.
CONCURRENCES
The Public Works Department and the Parks and Recreation Department both support the
acquisition for its importance as part of the Bob Jones Bike Trail and its protective features for
this portion of San Luis Obispo Creek.
ALTERNATIVES
None are recommended.
Attachment:
1. Letter Offer from Mr. Olson
2. Agreement for Donation and Acceptance of Real Property
3. Planning Commission Minutes—October 13, 2004
4. Map
5. Resolution
G/Navlik/coancilagenda/olson offer
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SEP.29.2004 8:12AM ROB OLSON ELECTRIC 805 541 4338 NO.039 P.2/2
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Rob OIs®n ATTACHMENT 1
Electric, Inc.
855 Caprtoho Way San Luis Obispo,CA 93401 - (805)541-4622
ELECTRICAL CONI RACTOR k 4991 U9
September 291 2004
Honorable City Council
City of San Luis Obispo
990 Palm Street
San Luis Obispo, Ca 93401
Re: Offer to donate real property
Dear Mayor Romero and Council Members:
My partners and I are pleased to offer the City of San Luis Obispo a
donation of approximately 1.2 acres of real property along San Luis Creek,
at Prado Road. It is our understanding that this unique corner property
will be preserved, maintained and protected for open space and trail use.
Furthermore, we believe that the extension of the Bob Jones Trail into the
San Luis Obispo city limits will be of great value to everyone who lives here.
We are proud to be able to help with the completion of this historic
endeavor.
Sincer ,
o Olson
On behalf of Rob & Peaches Olson,
Randy Ramsay and Lizbeth Gladwin
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ATTACHMENT 2
AGREEMENT FOR DONATION AND ACCEPTANCE OF REAL PROPERTY
Robert E.Olson & Elise G. Olson and Randolph P. Ramsay& Lisbeth Gladwill
to the City of San Luis Obispo
THIS AGEEMENT FOR DONATION AND ACCEPTANCE OF REAL PROPERTY
dated December 7, 2004, by Robert E. & Elise G. Olson and Randolph P. Ramsay & Lisbeth
Gladwill ("Grantor"), in favor of the City of San Luis Obispo, a chartered municipal corporation
of the State of California, having an address at 990 Palm Street, San Luis Obispo, CA 93401
("Grantee"), is made with respect to the following:
RECITALS
WHEREAS, Grantor is the owner in fee simple of certain real property consisting of
Assessor's Parcel No. 053-051-066, in the City of San Luis Obispo, California; and
WHEREAS, portions of the property have important open space and recreational
values due to the presence of San Luis Obispo Creek, healthy riparian vegetation associated
with the creek, and a potential recreational trail route alongside the creek (collectively, the
"conservation values" of the property); and
WHEREAS, Grantor, as owner of the property, wishes to convey a 1.05 acre portion of
the property, more particularly described in Exhibit A attached hereto and incorporated by this
reference (the "Demised Property") to Grantee and the public to preserve, protect, and
properly enjoy the conservation values of that portion of the property in perpetuity; and
WHEREAS, Grantee is a chartered municipal corporation of the State of California that
is authorized to accept donations, including real property donations; and
WHEREAS, Grantee agrees by accepting this Grant Deed to honor the wishes of
Grantor stated herein and to preserve and protect in perpetuity the conservation values of the
demised property for the benefit of this generation and the generations to come;
NOW, THEREFORE, in consideration of the above and the mutual covenants, terms,
conditions, and restrictions contained herein, and pursuant to the laws of California, Grantor
hereby voluntarily grants and conveys to Grantee that portion of the Property described in
Exhibit A, described therein and referred to hereinafter as the "Demised Property".
1. Purpose. It is the purpose of this Donation to assure that the Demised Property
will be retained forever in its predominantly natural, scenic, and open space
condition and to prevent any use of the Demised Property that will significantly
impair or interfere with its conservation values. The conservation values of
particular importance include the riparian community existing on the site and its
importance to wildlife, the scenic quality of the creek area, flood protection, and
the potential for proper public enjoyment of the area through use of a public trail
traversing the property and connecting to other public lands nearby.
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s
2. Rights of Grantee. To accomplish the purposes of this Donation, the following
rights are specifically conveyed to Grantee:
(a) To plant trees, shrubs, and grasses to complement existing riparian
vegetation within the Demised Property and care for same as may be
reasonably necessary, including for flood protection purposes;.
(b) To construct a walking and bicycle trail on the Demised Property, and
(c) To provide for the proper maintenance and care of any of the above.
3. Prohibited Activities. Any activity on or use of the Demised Property
inconsistent with the purpose of this Donation is prohibited. Without limiting the
generality of the foregoing, the following activities and uses are prohibited:
(a) Subdivision of the land pursuant to the California Subdivision Map Act.
(b) Building or erection of structures of any kind, except for structures directly
associated with the walking and bicycle trail alluded to above.
(c) Cutting or removal of trees, except as may be necessary for health of the
remaining trees or for public safety (including flood protection), or for
purposes described in 2(a) or 2(b) above.
(d) Mining or other mineral exploration or exploitation of the property.
(e) The exploration for or collection of water for delivery to any other property.
This prohibition shall not restrict the use of creek or well water for irrigation
on the Demised Property.
(f) Grading, except for the purposes described in 2(a) and 2(b) above.
4. Maintenance Obligations Assumed by Grantee. Grantor. and Grantee
acknowledge that the Demised Property Pies partially within the banks of San
Luis Obispo Creek, and that recent bank stabilization work was done there
which is of benefit both to Grantor's retained property and to South Higuera
Street. Grantee agrees to continue maintenance of native riparian plantings
installed by Grantor, and reporting of condition of same to the jurisdictional
regulatory agencies. Grantor agrees to provide water for said plantings through
the end of the establishment period (November 2005). Grantee also agrees to
undertake regular necessary maintenance of vegetation within the flow lines of
San Luis Obispo Creek as part of the activities of the San Luis Obispo County
Flood Control and Water Conservation District, Zone 9.
5. Grantor to Retain Right of Access Across the Demised Property for Creek
Repairs on His Retained Property. In the event that Grantor must access San
Luis Obispo Creek for authorized repair activities from the Demised Property,
Grantor shall have such right of access, subject to reasonable conditions placed
upon such access by Grantee.
6. Long-Term Flood Protection. Grantee and Grantor acknowledge that the
creation of a "flood terrace" on Grantee's existing property on the west side of
San Luis Obispo Creek and adjacent to the Demised Property is envisioned by
the recently adopted "Waterway Management Plan for San Luis Obispo Creek'.
Grantee agrees to continue to pursue this project as part of its implementation
activities for the Waterway Management Plan.
7. Hold Harmless. Grantor shall indemnify, defend and hold Grantee and its
agents, officers and employees, harmless from and against all claims,
damages, losses, causes of action and expenses, including attorney's fees, for
any personal injury, bodily injury, loss of life or damage to property, violation of
any Federal, State or municipal law, ordinance or constitutional provision, or
other cause which arises out of, relates to, or results from the activities or
omissions, negligent or otherwise, under this Agreement of Grantor, and
Grantor's officers, agents, and employees.
Grantee shall indemnify, defend and hold Grantor and its agents, officers and
employees, harmless from and against all claims, damages, losses, causes of
action and expenses, including attorney's fees, for any personal injury, bodily
injury, loss of life or damage to property, violation of any Federal, State or,
municipal law, ordinance or constitutional provision, or other cause which arises
out of, relates to, or results from the activities or omissions, negligent or
otherwise, under this Agreement of Grantee, and Grantee's officers, agents,
and employees
8. Subsequent Transfer of Title by Grantee. The Demised Property may be
transferred only to a qualified public agency whose purposes are consistent with
the purposes of this Donation,or to an organization that is a qualified
organization at the time of transfer under Section 170(h) of the Internal
Revenue Code of 1954, as amended (or any successor provision then
applicable), and the applicable regulations promulgated thereunder, and
authorized to acquire and hold land under state statue (or any successor
provision then applicable).
9. Notices. Any notice, request, approval, or communication that either parry
desires or is required to give to the other shall be in writing and either served
personally or sent by first class mail, postage prepaid, addressed as follows:
To Grantor: Mr. Robert E. Olson
855 Capitolio Way
San Luis Obispo, CA. 93401
To Grantee: Mr. Ken Hampian, City Administrative Officer
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
or to such other address as either party from time to time shall designate by
written notice to the other.
10. Recordation. Grantor and Grantee shall jointly record this instrument and the
Grant Deed in a timely fashion in the official records of San Luis Obispo County,
California.
11. General Provisions.
(a) Controlling Law. The interpretation and performance of this Agreement
shall be government by the laws of the State of California.
(b) Costs of Transaction. Grantee agrees to pay for all reasonable costs of
the transaction, including fees for the parcel map, and title and escrow fees.
(c) Entire Agreement. This instrument sets forth the entire agreement of
the parties with respect to the Demised Property and supersedes all prior
discussions, negotiations, understandings, or agreements relating to the
Demised Property, all of which are merged herein.
(d) Successors. The covenants, terms, conditions, and restrictions of this
Agreement shall be binding upon, and inure to the benefit of, the parties hereto
and their respective personal representatives, heirs, successors, and assigns
and shall continue as a servitude running perpetually with the Demised
Property.
(e) Captions. The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have
no effect upon construction or interpretation.
(f) Counterparts. The parties may execute this instrument in two or more
counterparts, which shall, in the aggregate, be signed by both parties; each
counterpart shall be deemed an original instrument as against any party who
has signed it: In the event.of any disparity between the counterparts produced,
the recorded counterpart shall be controlling.
TO HAVE AND TO HOLD unto Grantee, its successors, and assigns forever.
IN WITNESS WHEREOF Grantor and Grantee have set their hands on the day and
year first written above.
For the Grantor:
Olson — -
G
Robert E. Olson Elise . Olson
Randolph P. Ramsay Lisbeth Gladwill
APPROVED AS TO FORM:
For the Grantee: �
David F. Romero, Mayor6�
ATHM P. LOWELL
City Attorney
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EXHIBIT A
THIS AGREEMENT FOR DONATION AND ACCEPTANCE OF REAL PROPERTY shall.
apply to all that portion of San Luis Obispo Assessor's Parcel No. 053-051-066, described as
follows:
All that real property in the City of San Luis Obispo, County of San Luis Obispo, State of
California, being a portion of Parcel 1 of:Parcel Map SLO-71-178, said Parcel Map being
recorded in Book 6, Page 70 of Parcel Maps in the office of-the County Recorder of said
County, a survey of said Parcel Map being recorded in Book 29 of Records of Survey at page
42 in the office of said County Recorder; said portion of said Parcel 1 being more particularly
described as follows:
Beginning at the northerly corner common to Parcels 1 and 2 of said Parcel Map, said point.
being the most northerly corner of that certain real property described in a deed to the City of
San Luis Obispo recorded as Document Number 2003-139912; thence along the northerly
line of said real property and said Parcel 1, S 64 degrees 19' 28" 25.00 feet to the True Point
of Beginning; thence, along the easterly line of said property, S 10 degrees 36' 2T' E 210.72
feet; thence, continuing along said easterly line S 14 degrees 10' 33" W 88.53 feet; thence,
continuing along said easterly line S 57 degrees 32' 45" W 72.88 feet; thence, leaving said
easterly line, S 63 degrees 47' 04" E 131.82 feet to the easterly line of said Parcel 1; thence,
along said easterly line N26 degrees 12' 56" E 319.76 feet to the northerly line of said Parcel
1; thence, along said northerly line, N 64 degrees 19' 28" W 238.70 feet to the True Point of
Beginning, and containing 1.05 acres, more or less.
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Planning Commission Minutes'
ATTACHMENT 3
October 13, 2004
Page 2
Lauren Luker, R2L Arch ects, described the architecture of the project and noted they
are requesting a creek s ack exception.
Jack Widder, Operations, explained the operation for the project and gave a brief
overview of the parking.
PUBLIC COMMENTS:
Mary Beth Schroeder, 2085 Iding Lane, SLO, expressed concern with the number of
students and noted the senior tizens need to be protected.
Louise Palmer, a Palm residen read a Tetter written by her husband Pierre Palmer
expressing concerns with the Io ations of the parking spaces on the far side of the
creek, and noting that the walk the parking is difficult. She pointed out that 70
residents drive and that 50 residen have cars.
Chuck Crotser, neighbor to this vill e, noted that he walks this path regularly and that
the parking lot is frequently empty. expressed support for the project..
There were no further comments mad from the public.
COMMISSION COMMENTS:
Commission discussion focused on the p king layout.
Commr. Loh moved to adopt the resolutio ecommending that the City Council approve
the Planned Development Amendment to allow 20 additional senior apartment units and
exceptions to the creek setback ordinate, to allow Pedestrian Pathways -and a
Pedestrian bride over the creek and -a mit' ated ne ative- declaration. Seconded b
Commr. Miller.
AYES: Commrs. Loh, Miller, Osborne, swell, Christianson, and Caruso
NOES: None
ABSENT: Commr. Aiken
ABSTAIN: None
The motion carried on a 6:0 vote.
2. 3440 South Higuera Street. GPC 170-04; General Plan conformity report for a one-
acre land dedication to the City of San Luis Obispo; C-C-S zone; City of San Luis
Obispo, applicant.
Natural Resource Manager Neil Havlik presented the staff report asking the
Commission to determine and report to the City Council that the proposed property
donation conforms with the General Plan.
Planning Commission Minutes'
October 13, 2004
Page 3
PUBLIC COMMENTS:
There were no comments made from the public.
COMMISSION COMMENTS:
Comms. Osborne moved to report to the City Council that the proposed property
donation conforms with the General Plan. Seconded by Commr. Loh.
Commr. Loh added an amendment that this property donation meets City policy for
acquisition, which will provide an opportunity for public benefit purposes.
AYES:Commrs. Osborne, Loh, Miller, Boswell, Christianson, and Caruso
NOES: None
ABSENT: Commr. Aiken
ABSTAIN: None
The motion carried on a 6:0 vote.
3. 16.36 Woodland Drive. GP 171-04; General plan conformity report for dedication
of an undivided 1/2 interest in 80 acre parcel for property located outside city limits to
the City of San Luis Obispo; 1-S zone; City of San Luis Obispo, applicant.
This item was continued to Nove ber 17, 2004, without discussion due to unexpected
minor delays with this proposal.
COMMENT AND DISCUSSION:
4. Staff.
A. Agenda Forecast:
Deputy Director Whisenand gave n agenda forecast of upcoming items.
B. Budget Goals
The Commission decided on the fo owing list of proposed Council Coals: 1)
continue work on current unfinished als; 2) develop a Pedestrian Plan; and 3)
address non-residential growth
C. Review of a concept plan to establish a ublic plaza on Monterey Street between
Santa Rosa and Osos Streets.
The Commission discussed the traffic fl and suggested a traffic analysis is
needed because of the impact it would ave on Higuera Street. They also
suggested the possibility of making it a on ay street.
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ATTACHMENT 3
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING ACCEPTANCE OF AN OFFER OF DONATION OF
A 1.05 ACRE PROPERTY ON SAN LUIS OBISPO CREEK
AT PRADO ROAD AND SOUTH HIGUERA STREET
WHEREAS, Rob and Elise Olson, Randy Ramsay, and Lisbeth Gladwill,
("Grantors") are the owners in fee simple of certain real property in the City of San Luis
Obispo, California, described in the attached Exhibit A (the "Property to be Donated")
identified as a portion of San Luis Obispo County.Assessor's Parcel Number 053-051-
066; and
WHEREAS, the Grantors wish to donate said property to the City of San Luis
Obispo for public benefit purposes; and
WHEREAS, the Property to be Donated possesses natural resource values
including wildlife and plant resources, scenic values, and recreational values of great
importance to Grantors and to the people of the City of San Luis Obispo; and
WHEREAS, Grantors intend that the above-mentioned values should be
preserved and maintained by the transfer of the property to public ownership; and
WHEREAS, this Offer of Donation is voluntary on the part of the Grantors; and
WHEREAS, the City of San Luis Obispo is a chartered municipal corporation of
the State of California that is authorized by law to accept such donations; and
WHEREAS, the City of San Luis Obispo agrees by accepting this grant to honor
the intentions of Grantors stated herein and to preserve and protect in perpetuity the
above-mentioned values of the Property to be Donated for the benefit of this generation
and the generations to come.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Luis Obispo hereby-
1.
ereby:1. Accepts with thanks the offer of donation of 1.05 acre portion of San
Luis Obispo County Assessor's Parcel Number 053-051-066 as
indicated in Map Exhibit A; and
2. Authorizes and directs the Mayor to accept a deed to the Property to
be Donated on behalf of the City of San Luis Obispo.
,3_/Z,
Approved and adopted this day of December, 2004.
On motion of , seconded by and on
the following roll call vote:
AYES:
NOES:
ABSENT:
David F. Romero, Mayor
ATTEST:
Audrey Hooper, City Clerk
APPROVED AS TO FORM:
Jon Lowell
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