HomeMy WebLinkAbout05/03/2005, C8 - PROPERTY EXCHANGE AGREEMENT WITH OCEAN PARK HOTELS-CVP. LLC. FOR RIGHT OF WAY ALONG CALLE JOAQUIN. 1
Council /3 O
aGenaa nepoizt (Y q
C I TY OF SAN LU IS O B I S P O
C8. PROPERTY EXCHANGE.AGREEMENT WITH OCEAN PARK HOTELS- CVP.
LLC. FOR RIGHT-OF WAY ALONG CALLE JOAQUIN. (WALTER/BOCHUM)
The agenda report will be distributed at a later date.
r . r
counat M�Dft
May 3,2005
j acEnaa REpoin
CITY OF SAN LUIS OBISPO
FROM: Jay Walter,P.E. —Public Works Director
Prepared By: Timothy Scott Bochum, P.E. —Deputy Director
SUBJECT: PROPERTY EXCHANGE AGREEMENT WITH OCEAN PARK HOTELS-
CVP, LLC FOR RIGHT OF WAY ALONG CALI.E JOAQUIN AND PARTIAL
RELINQUISHMENT OF AN OPEN SPACE EASEMENT
CAO RECOMMENDATION
1. Approve an agreement with Ocean Park Hotels—CVP,LLC. for the exchange of property
and right-of-way (ROW) along current and future Calle Joaquin and authorize the Mayor
to execute the final agreement.
2. Adopt a resolution approving the partial relinquishment of an open space easement
affecting an unnamed creek which must be crossed by the roadway.
DISCUSSION
The City of has been working closely with property owners, businesses and individuals to
complete the Calle Joaquin Relocation project currently being undertaken by Costco as part of its
mitigation requirements. As part of that project, property for street right-of-way (ROW) must be
acquired across a small number of parcels under private ownership. Two of these properties are
under the ownership of Ocean Park Hotels — CVC, LLC., which is pursuing development
projects under the City's development review process for two hotels along Calle Joaquin.
The City has been in negotiation with Ocean Park Hotels for many years as part of their
development review process and during discussions of the advance development work for both
the Los Osos Valley Road (LOVR) Interchange project and the Calle Joaquin Relocation project.
In essence, we have been working to develop a property exchange agreement that would allow
acquisition of necessary ROW (adjacent to their property at 1605 Calle Joaquin) without a cash
payment and in lieu, the City would exchange existing Calle Joaquin ROW (adjacent to their
property at 1515 Calle Joaquin) that would become obsolete when the relocation project is
completed.
The attached draft agreement achieves these objectives and allows conveyance of the needed
ROW for Calle Joaquin relocation. When that construction project is complete and existing Calle
Joaquin is no longer necessary, the property owner will be allowed to utilize the exchanged
property for use in development of his project.
The agreement also conveys to the City the necessary construction and slope easements required
to construct the Calle Joaquin Realignment project. A utility easement is preserved in the
existing Calle Joaquin ROW area to allow existing utilities to remain in place.
CK- l
Property Exchange Agreement—Ocean Park Hotels CVP, LLC. Page 2
Partial Relinquishment of Open Space Easement
Several years ago, a previous project (the Funn Zone), which was never developed on what is
now the Ocean Park property (APN 053-171-030), was required as a condition of approval to
place protective easements over two creek areas at that property. One of these easements added
some complexities to the current Calle Joaquin relocation studies; however, it was ultimately
determined that the proposed alignment had the least overall impact on existing wetlands and
riparian areas. Alternative alignments either added greatly to the expense of the project, raised
other environmental issues, or did not accomplish the safety needs that were driving the technical
aspects of the realignment. Additionally, mitigation for the impacts to the unnamed creek that
was being affected was called for by City policies, as well as Army Corps of Engineers
requirements; therefore a site on the Boysen Ranch, at the corner of Los Osos Valley Road and
Foothill Boulevard, was identified as being appropriate for mitigation at a 3:1 ratio. For these
reasons, staff is recommending that Council adopt the attached resolution formally relinquishing
the portion of open space easement on those lands being transferred from Ocean Park Hotels to
the City of San Luis Obispo that are burdened by that easement. The easement area totals
1605 Calle Joaquin
Easement areas
to remain intact —.
r
Easement areas to 1615 Calle
be relinquished Joaquin
q aq
R~
~ Future
Potential
Ramps
EL6
Figure 1 —Calle Joaquin Relocation Creek Crossing
��—Z
Property Exchange Agreement—Ocean Park Hotels CVP,_LLC. Page 3
approximately 20,350 square feet (0.467 acre); about 20 to 25% of this area will be affected by
the road realignment. The mitigation at the Boysen Ranch will fully mitigate for the
environmental impacts of the roadway project and the relinquishment of the open space easement
over those portions of the new road alignment. The second easement referred to above is not
affected by this transaction or by the roadway project. The Boysen Ranch easement will be
presented to the Council for acceptance in the near future.
CONCURRENCES
The Natural Resources Manager has been working with property owners, the environmental
consultant and the Army Corp of Engineers to develop an appropriate habitat mitigation and
monitoring plan that meets Federal and City standards.
FISCAL IMPACT
There is no fiscal impact to the General Fund as a result of this agreement.
ALTERNATIVES
Do not enter into the agreement. This alternative is not recommended because timing of the Calle
Joaquin relocation project is critical in addressing current safety issues near LOUR and traffic
that will be generated by new development in the LOVR area. Further, if a property exchange
agreement is not reached, financial compensation would be necessary to acquire the needed
ROW for the Calle Joaquin Relocation project.
ATTACHMENTS
Attachment 1 —Draft Agreement
Attachment 2—Resolution for Partial Relinquishment
i:\-council agenda reports\2005 agenda reports\transportation and development review (bochum)\traffic engineering (senor)\car
flagg property exchange agreement.doc
ATTACHMENT 1 .
4-07.0_ -<s/slo/Costco/Ilagg/rev agreemt 4-6-05 clean)
PROJECT: City of San Luis Obispo—Calle Joaquin Realignment
ASSESSOR'S-PARCEL#'S: 053-171-028,030,013(Ocean Park Hotels-Flagg)
RIGHT OF WAY AGREEMENT
THIS AGREEMENT is made and entered into by and between Ocean Park Hotels-
CVP,LLC, hereinafter called "Grantor", and the City of San Luis Obispo, a charter city,
hereinafter called"City."
RECITALS:
A. Grantor owns three parcels of land off Calle Joaquin in the City of San Luis
Obispo, identified by the San Luis Obispo County Assessor's office as AP#053-
171-028, AP#053-171-030, and AP#053-171-013, hereinafter referred to as
"Grantor's Parcels."
B. Grantor has submitted development plans to City for the construction of two hotels
upon Grantor's Parcels.
C. The City wishes to realign CaJle Joaquin in preparation for future planned
interchange improvements in the area(the "Future Calle Joaquin Interchange
Improvement Project.").
D. In order to realign Calle Joaquin as proposed by the City,certain rights of way will
need to be acquired by City over portions of Grantor's Parcels.
E. In order to develop one of Grantor's proposed hotels, the"Hampton Project,"upon
Grantor's Parcels in accordance with Grantor's pending plans, Grantor seeks to
obtain and utilize certain sections of existing Calle Joaquin that will become
superseded by the proposed Calle Joaquin Realignment Project (hereinafter
— - -- -referred-tows the "-Roadway-Realignment-Project") and to-assure interim and
future access for the Hampton Project to Calle Joaquin.
F. Also in order to realign Calle Joaquin as proposed by the City, the driveway of the
adjacent property identified by the San Luis Obispo County Assessor's office as
AP#053-171-021 and hereinafter referred to as the"Motel 6 Parcel"would have to
be relocated utilizing an 0.013 acre area from G'rantor's Parcels.
G. Grantor and City propose certain land exchanges,whereby Grantor would grant
new public roadway and related easements to the City for the Roadway
Realignment Project and, in exchange,the City would abandon certain existing
roadway rights of way that will become superseded and unnecessary for future
public use to Grantor,upon completion of construction of the Roadway
Realignment Project.
Now therefore, in consideration of the mutual agreements and benefits of the parties to
this Agreement, and other considerations hereinafter set forth, City and Grantor mutually agree as
follows:
Page 1 of 5 — , _
4-07-oJ kw. ./slo/Costco/flagVrev ag=mt 4.6-05 clean)
1. CONVEYANCE OF REAL PROPERTY TO CITY. Grantor agrees to convey
-to City,-and.City-agrees-to-accept-from-Grantor, certain-real-property-interests necessary-for-the - ----
realignment of, construction of, and maintenance of Calle Joaquin. Said real property interests
shall include the following:
(a) Public Street Conveyance. Grantor agrees to grant to City in Fee,real
property for public street and related purposes in,on, over, and across
those certain portions of Grantor's Parcels that are shown in green and in
blue on the property exhibit (two pages) attached hereto and incorporated
herein, and hereinafter referred to as "Exhibit A."
(b) Permanent Slope Easements. Grantor agrees to grant to City permanent
slope easements over the areas shown in pink on the attached Exhibit A.
(c) Temporary Construction Easements. Grantor agrees to grant to City
temporary easements for the purposes of facilitating construction of the.
new public roadway improvements,over the areas shown as speckled
areas in the attached Exhibit A.
(d) Fee Conveyance. Grantor agrees to grant to City, or its assigns, that
certain area shown in yellow on the attached Exhibit A, for the purposes of
realigning the Motel 6 Parcel driveway. Grantor acknowledges that this
fee conveyance parcel will eventually be transferred and integrated with
the Motel 6 Parcel.
An instrument in the form of a grant deed (the"Grant Deed") conveying the above referenced
real property interests to City has been executed by Grantor concurrently with the execution of
this Agreement and delivered to City representatives.
2: CONDITION OF TITLE TO PROPERTY CONVEYED TO CITY. Grantor
agrees to convey all of the real property interests described in Paragraph 1 above to City, free and
- - --clear of conflicting title liensandencumbrances,leases,assessments;easements,-and-other--
possessory or non-possessory interests in the real property,except for recorded public utility
easements and recorded public rights of way. Grantor warrants that there are no oral or written
leases on all or any portion of the areas being conveyed to City, or if there are any such leases,
Grantor agrees to indemnify and hold the City harmless and reimburse City for any and all of its
losses and expenses occasioned by reason of any lease of said property held by tenant of Grantor.
Title to the real property interests conveyed by Grantor shall vest in City, subject only to Real
Property Taxes for the current fiscal year,recorded public utility easements , recorded public
rights of way, and other items as may be approved in writing by City in advance of Grant Deed
acceptance. City will obtain and review a preliminary title report, at City expense, to confirm the
acceptability of the condition of title in advance of Grant Deed acceptance. Grantor agrees to
work with City to seek any encumbrance releases necessary to assure that clear title to the rights
to be transferred by Grantor to City is conveyed.
3. PROPOSED PUBLIC IMPROVEMENTS. Grantor understands that the City
proposes to construct or have constructed public street and related improvements within the
permanent easement areas conveyed by Grantor to City. The new roadway improvements are
hereinafter referred to as "the Calle Joaquin Realignment"
Page 2 of 5 ---
4-07.0 ..... agr=mt 4-6-05 clean)
4. MISCELLANEOUS COSTS. The City agrees to pay any usual and necessary
transfer and recording fees incurred in this transaction and, if title insurance is desired by the
--City,the-premium charged-therefor.
5. RECORDATION OF GRANT DEED. The City agrees to accept the Grant
Deed referred to in Paragraph 1 hereinabove, at such time as the condition of title to the real
property interests described therein is deemed acceptable to City, and agrees to then cause the
same to be recorded in the office of the San Luis Obispo County Recorder.
6. CONVEYANCE OF REAL PROPERTY TO MOTEL 6 PARCEL OWNER.
Grantor acknowledges that once the Calle Joaquin Realignment is constructed and the Motel 6
Parcel driveway is realigned to the new roadway, City will quitclaim the rights granted to City by
Grantor in and to that certain fee conveyance area described in Paragraph 1(d) hereinabove, to the
owner(s) of the Motel 6 Parcel. In conjunction with such conveyance, Grantor agrees to
participate, at no cost to Grantor, in any lot line adjustment/parcel merger application and
approval process required by City, with the Motel 6 Parcel owner, to perfect the lot lines between
Grantor's Parcels and the Motel 6 Parcel relative to the area quitclaimed, in order to comply with
any City requirements regarding said lot line adjustment and parcel legalization.
7. RECORDATION OF QUITCLAIM DEED. The City agrees to execute and
record a quitclaim deed for the area referred to in Paragraph 1(d) hereinabove to the owner of the
Motel 6 Parcel promptly upon the completion of the Calle Joaquin Realignment and the Motel 6
Parcel driveway realignment, and to process in good faith any lot line adjustment or other City-
required processes to perfect said area and merge it into the Motel 6 Parcel.
8. PERMISSION TO ENTER. Grantor hereby grants to the City and its agents
and contractors, permission to enter upon Grantor's Parcels as of the date of this Agreement, for
the purposes of preparation for and construction of the Calle Joaquin Realignment, subject to all
applicable terms and conditions contained in this Agreement and the associated Grant Deed.
9. INDEMNIFICATION. In conjunction with preparing for and completing the
construction of the Calle Joaquin Realignment,the City agrees to defend, indemnify, and hold
harmless Grantor from any and all claims, damages,costs,judgments, or liability resulting from
the negligent or willful acts or omissions of the City or its officers, employees,agents,
contractors, or assigns, during the time that the Temporary Construction Easements referred to in
Paragraph 1 of this Agreement are in effect.
10. EXCHANGE PROPERTY. In exchange for Grantor's cooperation and
participation in the Roadway Realignment Project and Grantor's conveyance of the real property
interests described hereinabove to City, City agrees to convey by Quitclaim Deed to Grantor, at
no cost or expense to Grantor, those specific portions of the existing Calle Joaquin that will
become superseded by the Calle Joaquin Realignment, and that lie immediately adjacent to and
contiguous with Grantor's Parcels. Specifically,those sections that City will quitclaim to
Grantor are those generally shown in Exhibit B, attached hereto and incorporated herein by this
reference(hereinafter called"Exchange Property"). Grantor acknowledges that City cannot
quitclaim said property interests until such time as the Calle Joaquin Realignment has been
completed and City has complied with all necessary processes of abandonment of public rights
required in advance of the conveyance of such rights. City agrees to pursue such processes in
Page 3 of 5 -"
r
4-07-05 ..-_s/slo/Costcoffiagg/rev agreemt 4-6-05 clean)
good faith and to complete the quitclaim of said interests to Grantor within eighteen (18) months
after the date of completion of the Calle Joaquin Realignment. The quitclaim of interests to
_ --__—Grantor_shall-be_subject-to_reservation of-existing easements-for-public-utilities.- In conjunction-
with quitclaiming said rights to Grantor, City and Grantor shall take such steps as may be
necessary, at no cost to Grantor, to merge or otherwise incorporate (and shall merge or otherwise
incorporate) the Exchange Property with and into Grantor's Parcels.
11. FLAGG TRIANGULAR REMAINDER. Grantor hereby elects and shall retain
ownership of the small parcel identified as "Flagg Triangular Remainder" on Page 1 of Exhibit
A, attached, and shall have the right, subject to standard City approval and permitting processes,
to utilize said parcel for signage or other permittable purposes. Grantor further agrees to grant
permission to the "Margie's Diner Parcel," identified in the County Assessor's records as
Assessor's Parcel#053-171-029, to erect a sign on this Flagg triangular Remainder parcel,
subject to Grantor's and City's approval of sign details and reasonable conditions, if the owner of
the Margie's Diner Parcel expresses an interest in erecting and maintaining a sign in said
location.
12. ACCESS TO AND DEVELOPMENT OF THE HAMPTON PROTECT. City
hereby authorizes direct access to the future Calle Joaquin from that portion of Grantor's Parcels
that will be developed with the Hampton Project, subject to all conditions and approvals of City's
Planning Department. This provision is not intended to circumvent nor limit the normal City
development submittal,review and approval process for the Hampton Project,but.rather to
confirm City's acknowledgement that the Hampton Project parcel will have direct access from
realigned Calle Joaquin and that an initial interim access to the Hampton Project parcel from the
realigned Calle Joaquin may utilize the proposed Future Calle Joaquin Interchange Improvement
Project right of way upon the Hampton project parcel until such time as the City is able to
proceed with the construction of the Future Calle Joaquin Interchange Improvement Project.
Grantor agrees that no structural improvements will be planned or constructed within that area
identified as.the Future InterchangeImprovementProject right-of-way,-per-plans on.file at.City
offices as of the date of this Agreement.
13. JUDGMENT IN LIEU OF DEED. In the event Grantor is unable to deliver
acceptable title to the property rights described in Paragraph 1 of this Agreement within a
reasonable time under the terms of the Agreement,the City may file an action in eminent domain
to pursue the acquisition of the real property interestsnecessary for the construction of the Calle,
Joaquin Realignment and/or the resulting relocation of the Motel 6 Parcel driveway. If City so
elects, and at City's sole discretion, this Agreement shall constitute a stipulation which may be
filed in said proceedings as final and conclusive evidence of the total amount of damages for the
taking, including all of the items listed in Section 1260.230 of the Code of Civil Procedure,
regarding Grantor's Parcels.
14. ARTICLE HEADINGS. Article headings in this Agreement are for convenience
only and are not intended to be used in interpreting or construing the terms,covenants and
conditions of this Agreement.
15. ENTIRE CONSIDERATION. The parties have herein set forth the whole of
their agreement. The performance of this Agreement constitutes the entire consideration for the
property rights being conveyed by Grantor to City and shall relieve the City of all further
Page 4 of 5
- 4-07-0_ .:i/slo/Costco/tlagg/rev agreemt 4-6-05 clean)
obligation or claims on this account, or on account of the location, grade or construction of the
Calle Joaquin Realignment.
16. COMPLETE.UNDERSTANDING. This Agreement constitutes the entire
understanding between the parties with respect to the subject matter hereof, superseding all
negotiations,prior discussions, and preliminary agreements or understandings, written or oral.
This Agreement may not be amended except in writing by the parties hereto or their successors
or assigns.
17. COUNTERPARTS. This Agreement may be executed in counterparts, each of
which so executed shall irrespective of the date,of its execution of delivery be deemed an
original, and all such counterparts together shall constitute one and the same instrument.
18. CITY COUNCIL APPROVAL. This Agreement is subject to and conditioned
upon approval and ratification by the San Luis Obispo City Council. This Agreement is not
binding upon the City until executed by the appropriate City official(s) acting in their authorized
capacity.
No Obligation Other Than Those Set Forth Herein Will Be Recognized.
GRANTOR:
Ocean Park Hotels-CVP,LLP
Dated: by
James M. Flagg,General Partner
APPROVED AS TO FORM:
by
Ci ttomey
— ----_—APPROVED AS TO CONTENT
by -
Public Works Director CITY OF SAN LUIS OBISPO,
A CHARTER CITY-
by
Date
ATTEST:
by
City Clerk
Prepared by_Date
Reviewed by_ Dau
Page 5 of 5
0 15 30 45 60 \
1:1250 \ EX HMI ll A
APN: 053-171-030
(not shown in entirety) ROW B2: zs,269.6z SIF
\ TM Bl: 8,107.41 SF
✓r 1�
Flagg Maln
/.
Remainder-4.589 Ac. ` SE B3: 3,543.34 SF
(119,917.98 SF) f��`� / /
(including 2 TC Es) fj :J fir: 1,273.49 SF
Ragg Crescent Reminder-0.2203 Ac.
(8,829.26 SF)(including 1 TCE)
i .0 LEGEND
El
Ocean Park Hotels(Flagg)Parcel
Cr1 C (before takes): 5.6 Ac.
(243,936 SF)
g Q Slope Easement(SE)(1 total): 0.081 Ac.
(3,543.34 SF)
City ROW(117): 0.002 AC.
❑ (75.83 SF)
TCF B8: 379.99 SF
tats ROW: 0.683 Ac.
(29,763.04 5'17
..' Temporary Constr�t�ion
Ej Easements(TCE)(4 tai): 0.234 Ac.
\OW 134: 1,493.42 SF 1 �'r-� ❑ Motel 6 Ddve yay Access (10,170.18 SF)
Unclumng 6'landscape
f:• Bu(1'er) (BS): 0.013 Aa
(570.76 SF)
Cane Joaquin (Existing)
— Flagg Triangular' —
§ Remainder-0.028 Ac. TCE B9: 459.29 Si—
(1,236.77
& SF)
(including 1 TCE
S °,sOA"m"ate a .ava`�Asn°a°uRm
0 ..ti.,«<-......,�.•. ...........,.. CALLS JOAQUIN REALIGNMENT
... a.my novas van oaaauvmi w aocm«d
•- - C6OS®I mLLY�1➢65`S�ta PID]6C[MtOGT.
c a o a[[e a I nc eaxvar amaaas vwv awm m amaunons EXHIBIT B — APN: 053-171-030
v�,a aCaa la GaQinW6156K6SSaaA mta¢wrww®
a n a v[Y o a a m wrq¢oaan nuc u wt nmav n ww¢
amrm:xia�u u.aawci v�xr rm
'� `�"'�•"`'�'""�0'ME 0°"'O"'@"1G°°°e°^ DRAWN BY: TR CHECKED BY: SJH DATE: 09/17/04
mevan.�.on.rn m nne nen a—nannen
6. - 7
0 is 30 46 60 LEGEND
1:1250 ❑ Ocean Park Hogs(Flagg)Parcel
(APN: 053-171-028)(before
takes): 1.486 Ac
(el 0..16 SF)
El Ocean Park Motets(Flagg)Parcel 0.473 Ac
(APN 053-171-013) (20,612.34 SF)
Slope Easements(SE)(2 total): 0.020 Ac.
(883.09 Sr-)
My ROW: 0.068 Az
(2,975.24 SF)
Temporary CorW=on
Eases{PCE)(3 total): 0.795 Aa
(34,634.09 SF)
Flagg Small Remainder-0.030 At.
TCE Dl: 114.42 SF (1,294.67 SF)(Including 1 TCE)
SE D2: 506.41 SF ( 053-171-028)
• =a_i
/ Caile Joaquin (Realigned)
/ ..
/ ROW D3: 2,97524 SF
/ SE D4: 376.68 SF -
053-171X
I •:
TCE D5: 13,907.33 SF
IIf /
a 1 Flagg Ma /
Remainder- 1.368 Ac
(59,517.16 SF) /
(Including 1 TCE) /
(APN: 053-171-028) TCE D6: 20,612_34 SF
(Entlre 0.473 AG Pare
--- under TCE D6)
Cape Joaquin (Ex1a ft.)
C
110 NNSNIFI'If W NCP9®n+UN1SN M1T.OPAnS
�". �:N' °"°.�."�` " W. CALLE JOAQUIN REALIGNMENT
. •..... YJffIMM CP3 aM CY'®WTb NO HSFAfM'E N
�•ISY liv iW 9C Q61E C4G6f.NP11Cl
c N o 1•c c.N I n¢Nco�art¢aooaao nut a+N1r�oe uannGwn
v1.�NNClou wsl GORR os mnc NNmu¢o EXHIBIT D — AEN: 053-171-028 & AEN: 053-171-013
e coNrc+oR$ munwxorlm nux slur rtn«N NMOR
�.alp,'65 UK=G GN OnCA FMIItt MOR
�;�— _Q, cnNnln.nc,snwz OF YC wn OF ncs o� DRAWN BY: TR CHECKED BY. SJH DATE: 09/17/04
IY,N91,(IiF.WfiV,1,lO MIY 1fS11[.14®RN9
(,!e /D
0 15 30 45 6D
1:1250 LEGEND
1771 Z Ocean Park Hotels(Flagg) Parcel
LA (APN: 053-171-028): 1.486 Ac.
(64,730.16 SF)
Ocean Park Hotels(Flagg) Parcel 0.473 Ac.
(APN 053-171-013) (20,612.34 SF)
❑ City R/W to be Abandoned: 0.20 AC.
(to APN: 053-171-013) (8,926.3 SF)
City R/W to be Abandoned: 0.38 AG
(to APN: 053-171-028) (16,517.5 SF)
Z\
7
Calle ? Joaquin (Realigned)
2 \7> J
Z � �
b ��f its3 i APN. ;s
053-171-013 �
/Z _ CITY R/W
93.
193. AG
yy » 7822 Y"2
2084.1 Fr2
I j �
55 •,' 829.28 Y"2
CaBo Joaquin CITY Ar AG /
0.33
1,340.90 Id-2
14.433.4 FT-2
o
N
52 Tag pOMOIf Y$PIBPVED OY CYHON AS�tlAl6
CALLE JOAQUIN REALIGNMENT
9411 F03M TE NIOPIXIT Og'u.t!s IDT�Ip11 wY
WMfN1 GVf3.?YYYM,IQI II.IROOIQ P
o .... OIfELRIW OILT.III 1aT SaD?iC aNDtLf.fWTO(
tff.atcf• TE'EmT"'xcm�TM'°wxaa°'m"rnT°a EXHIBIT B — ABANDONMENT PLAT
& I m u>awwcgs m nfartssoa�f:Txa wmmwm
r t f f f[a f aT,Il1tr DAJt T1µu wY HF9llr a.,aV.T2
f u f r t r o f f cvramwm awog a rm acnwe w¢mer wm
I DRAWN BY: TR CHECKED BY: PXR DATE: 04/13/05
CY
MACHU2
RESOLUTION NO. (2005 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
PROVIDING FOR THE PARTIAL RELINQUISHMENT OF
AN OPEN SPACE EASEMENT AFFECTING CERTAIN REAL PROPERTY
AT 1605 CALLE JOAQUIN(APN#053-.171-030)
WHEREAS, on September 12, 1996, owners of the property at 1605 Calle Joaquin did
dedicate to the City of San Luis Obispo an open space easement covering approximately 20,350
square feet (0.467 acre) for the protection of an unnamed creek traversing the property; and
WHEREAS, since that time the City of San Luis Obispo has determined that certain
changes in alignment of roads in the vicinity of Los Osos Valley Road and U. S. Highway 101
are necessary for the safety of the traveling public; and
WHEREAS, despite extensive study, it has been determined that such changes in
alignment cannot be feasibly accomplished without impacting said unnamed creek and the
easement associated with it; and
WHEREAS, overall the changes in alignment of said roads will be done in a manner
consistent with the principle of "Least Environmentally Damaging Practicable Alternative" as
said principle is practiced by the U. S. Army Corps of Engineers and by the City of San Luis
Obispo; and
WHEREAS, it is the policy of the City Council of the City of San Luis Obispo to
undertake full and complete mitigation for the environmental impacts of City-sponsored projects;
and
WHEREAS, acceptable mitigation for said impacts has been identified, and approved by
the City of San Luis Obispo, U. S. Army Corps of Engineers, and other agencies with
jurisdiction over this matter.
BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby:
SECTION 1. Relinquishes a portion of the open space easement covering a portion of
Assessor's Parcel #053-171-030, where title to the land burdened with that easement is being
transferred to the City of San Luis Obispo for road purposes.
SECTION 2. Directs that the easement be retained in those portions of Assessor's Parcel
#053-171-030 which are not being so transferred.
SECTION 3. Directs staff to prepare a legal description of the remaining easement for
recordation, and to take such other steps as necessary to effectuate Council's purpose and
direction.
1
Resolution No. (2005 Series)
Page 2
Adopted this day of 2005.
On motion of seconded by and on the
following roll call vote:
AYES:
NOES:
ABSENT:
Mayor David F. Romero
ATTEST:
City Clerk Audrey Hooper
APPROVED AS TO FORM:
Ci mey Jonathan Lowell
Cx-�
Exhibit A
1605 Calle Joaquin
Easement areas 5 f
to remain intact
all
Easement areas to 1615 C
t f be relinquished Joaquin
Futureti
Potential H
Ramps
,., I Mies
Fig= 1 —Calle Joaquin Relocation Creek Crossing