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Home My WebLink About07/05/2005, C2 - EXTINGUISHMENT OF THE ""COURT STREET"" PUBLIC PEDESTRIAN EASEMENT IN FAVOR OF A PRIVATE PEDESTRIAN EA" counat M u July 5,2005 j ac,Enaa nEpont N C CITY OF SAN LU I S OBISPO nnpp C� FROM: Jay Walter, P.E.—Public Works Directorl'� Prepared By: Robert Livick, P.E. —Supervising Civil Engineer SUBJECT: EXTINGUISHMENT OF THE "COURT STREET" PUBLIC PEDESTRIAN EASEMENT IN FAVOR OF A PRIVATE PEDESTRIAN EASEMENT CAO RECOMMENDATION Authorize the Mayor to execute a Quit Claim Deed extinguishing the public pedestrian easement reserved with the Court Street Abandonment. DISCUSSION As part of finalizing improvements for the Court Street project an error in the abandonment documentation has been discovered regarding a public pedestrian easement that was retained as part of the abandonment process. The abandonment of Court Street [City Council Resolution 9361 (2002 Series)] inadvertently reserved an easement for public pedestrian access over the southwesterly 25-feet of the abandoned right of way. It was the understanding of the affected owners, SAN LUIS OBISPO COURT STREET I, LLC, a Delaware limited liability company; 955 PARTNERSHIP, a California general partnership, COVEY 3, a California General Partnership; and Steven P. Carroll and Rosalyn Carroll as Trustees of the CARROLL TRUST dated October 14, 1998, that there was to be no public pedestrian easement, but rather only a private pedestrian easement. This understanding is evidenced in the private "Agreement and Grant of Easements for Court Street" between all of the Affected property owners and recorded as Document# 2003128868 on November 5, 2003. During discussions with the developer and adjacent property owners during processing of the project, staff agreed to, and intended to abandon public pedestrian access along the old Court Street right-of-way. It appears that an oversight in the review of the abandonment paperwork overlooked this issue. This abandonment would allow the private property owners to provide security in this area and remove malcontents if the need should arise. Pedestrian access along the area would be maintained except it will be in a private venue in-lieu of public easement. No significant impacts to access to adjacent street rights-of-way or properties will result from this action. This proposed action will only extinguish the publicpedestrian easement. The existing public drainage and utility easements will remain intact. "Court Street" Pedestrian Easement Quit Claim Page 2 FISCAL IMPACT There is no fiscal impact to extinguishing the public pedestrian easement. ALTERNATIVES Deny the action requested and allow the public pedestrian easement to remain. This action may cause difficulties for the adjacent property owners who prefer to provide higher levels of security in this common space area. ATTACHMENTS Attachment 1 —Quit Claim Deed i:\-council agenda reports12005 agenda reports\transportation and development review(bochum)\developmant review(livick)\car court street public ped quit claim.doc C ) ) Attachment 1 RECORDING REQUESTED BY: and WHEN RECORDED MAIL.TO: City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo;CA 93401 APN: 002-431-007 002-431-008 002-431-009 002-431-010 QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, The City of San Luis Obispo, a political subdivision in the State of California, receipt of which is hereby acknowledged, does hereby release, remise and forever quitclaim unto SAN LUIS OBISPO COURT STREET I,LLC a Delaware limited liability company; 955 PARTNERSHIP, a California general partnership, COVEY 3, a California General Partnership; and Steven.P. Carroll and Rosalyn Carroll as Trustees of the CARROLL TRUST dated October 14, 1998 all interest, if any,.in that certain real property commonly known as the Court Street Public Pedestrian Easement, located in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: An easement in the City and County of San Luis Obispo, State of California, for public pedestrian access purposes over a portion of the Abandoned Court Street recorded as Document #2003128864 the Office of the San Luis Obispo County Recorder on November 5, 2003.. The purpose of this deed is to extinguish all rights ONLY in that public pedestrian easement granted in favor of the City of San Luis Obispo. Dated: , 2005 City of San Luis Obispo: By: DAVID F. ROMERO,MAYOR Approved as to Form: City tto y Jonathan P.. Lowell Ca ^3 � ) C State of California County of San Luis Obispo On before me, Notary Public personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s)or the entity(ies)upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and Official Seal Signature ca - council m em onan bum Date: July 5, 2005 RECEIVED JUL U 5 2GG'i TO: City Council SLO CITY CLERK FROM: Ken Hampian, City Administrative Officer VIA: Jay Walter, Public Works Director �/,� Prepared by: Robert Livick, Supervising Civil gineergi SUBJECT: Quit Claim of Public Pedestrian Easement Attached is a copy from the Court Street Abandonment, Exhibit A, showing the 25-foot easement proposed to be "quit claimed" to the four adjacent property owners. RED FILE MEETING AGENDA DATE ITEM s,� _ I m,,& J TCOUNCILr DD DIR +j CA 291N DIR CACAO -!FIRE CHIEF j �TTORNEY Z-PW DIR !,,;-;-CLERK1ORIQ ,2'POLICE CHF i n DEPT HEADS OPEC DIR TrLI�- TIL DIR l�j� ✓R DIR t•` « • OFFER or ocmmw FOR MOW ROM . ,i ilti W PROPOSED APN 00Z-433-W2 APN 002-633-003 . 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