HomeMy WebLinkAbout05/19/2009, C3 - FINAL ABANDONMENT (VACATION) OF A PORTION OF CALLE JOAQUIN council. May 19,2009
j acEnaa Repom 1�N�
C I TY OF SAN L U IS O B I S P O
FROM: Jay D. Walter, Director of Public Works 4 n
Prepared By: Diane Dostalek/Hal Hannula
SUBJECT: FINAL ABANDONMENT (VACATION) OF A PORTION OF CALLE
JOAQUIN
RECOMMENDATION
As recommended by the Planning Commission, adopt a resolution vacating a portion of the Calle
Joaquin Right-of-Way, subject to the reservation of existing utility easements.
DISCUSSION
Background
Section 8309 of the Streets and Highways Code defines "vacation" as the "complete or partial
abandonment or termination of the public right to use a street, highway, or public service
easement" The terns "vacate" and"vacation"are used throughout this staff report to be consistent
with the language in the Streets and Highways Code.
Since 2001 the City has been working on phased improvements to the interchange located at Los
Osos Valley Road (LOVR) and US Highway 101. The City has worked with property owners and
developers to construct the improvements as new development occurs and as part of other public
projects. The initial phase of improvements at the interchange was the relocation of Calle Joaquin
South, located to the south of LOVR (Attachment 1). This project was designed to improve safety
and access to the south side of LOVR and improve capacity at the interchange. In order to proceed
with the project, the City entered into a Right-of-Way (ROW) Agreement (Attachment 2) with
Ocean Park Hotels — CVP, LLC (the owners of the Marriott and Hampton Inn properties) to
exchange properties and access ROW to accommodate the relocation project. In exchange for
dedicating ROW for the Calle Joaquin relocation project, the City Council agreed to vacate and
exchange sections of Calle Joaquin to Ocean Park Hotels adjacent to the Hampton Inn property.
The agreement also required that Ocean Park Hotels dedicate ROW for the future freeway ramps
for the interchange(Attachment 3).
The sections of old Calle Joaquin adjacent to the Hampton Inn property were acquired by the City
through various means. Old Calle Joaquin was the original highway through San Luis Obispo and
was owned in fee by Caltrans (Caltrans ROW map SLO-101-26.0 on page 636 of State Highway
Map Book 3 on file with the California Department of Transportation). Caltrans relinquished their
rights to the County when the freeway was built. The City acquired the rights from the County
when that area was annexed. A two-foot strip dedication was acquired by the County in
conjunction with a gas station development (County of San Luis Obispo Board of Supervisors'
Resolution No. 67-404 recorded on September 7, 1967, in Volume 1448 of Official Records
Page 67 in the Office of the County Recorder of said County). The City then acquired the rights to
that two-foot strip dedication from the County when that area was annexed. Another two-foot strip
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Calle Joaquin Abandonment(Vacation) Page 2
dedication was acquired by the City later that year(Grant Deed recorded on December 29, 1967, in
Volume 1467 of Official Records Page 375 in the Office of the County Recorder of said County).
All of these sections are now proposed for vacation by the City.
Action
The Calle Joaquin realignment has been completed and it is time to formally vacate the old road
section that is no longer utilized. Although there is an ability to vacate the entire section of the old
Calle Joaquin that is the frontage road to the freeway, staff is not recommending vacation of the
areas of ROW in front of Margie's Diner or the Rose Garden Inn at this time. These property
owners have expressed concerns regarding vacation of the road located in front of their properties.
Staff is proposing to defer vacating those sections at a later date. A modification to the end
treatment for the existing road will be incorporated into the Hampton Inn project as part of the full
US Highway 101/LOVR Interchange project. The relocated Calle Joaquin provides access to
properties adjoining the proposed vacation.
The total area of vacation is approximately 0.79 acres adjacent to the southbound on-ramp for US
Highway 101 (Attachment 1). The road vacation area is bounded by vacant commercial properties
to the west (1525 and 1530 Calle Joaquin) and abuts a small open space wetland area that is just
outside of the City limits near the intersection of Calle Joaquin and LOUR. Currently, the roadway
section to be vacated is a paved, developed roadway. However, vehicular access is now eliminated
due to barricades and fencing that were installed when the new section of Calle Joaquin was
developed to the west of this.site.
There are existing utilities in the Calle Joaquin ROW which will require the private and public
utilities to be reserved within the easement. These easements will ensure that the affected local
utility companies retain rights to repair and service their facilities within the area proposed for
vacation. The ROW vacation proposal was sent to the local utility companies for their review and
comment. Pacific Gas and Electric (PG&E) currently has overhead electrical distribution facilities
within the ROW, along with Charter Communications cable lines. These companies wish to
continue the right to maintain these services until such time as the lines are relocated.
ConocoPhillips owns an inactive, underground pipe within the ROW. To protect their rights
associated with the pipeline, the easement will also need to be reserved. Previous mapping
indicates that Southern California Gas and AT&T may also have lines in the area, although the City
has not received responses to the letter notifying of the proposed vacation. Easements for their use
will also be reserved. The proposed hotel development plans to construct a parking area over the
old ROW. This will not conflict with existing utilities or the proposed easements.
The Planning Commission determined that the proposed vacation is in conformance with the
General Plan by Resolution No. 5515-09 on January 14, 2009 (Attachment 4). Because of the
existing City Council approved Right of Way Agreement and the fact that ROW has already been
conveyed to the City for the relocation project, the vacation of this section of roadway is consistent
with State and City Code requirements.
The proposed vacation meets the criteria for a summary vacation per Sec. 8330 of the Streets and
Highways Code as the street has been superseded by relocation. The procedures for summary
vacation are outlined in Sections 8335 and 8336 of the Streets and Highways Code. The
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Calle Joaquin Abandonment(Vacation) Page 3
procedures require that City Council adopt and record a resolution of vacation. Summary vacation
proceedings do not require a public notice or hearing.
Why is the recommended action to vacate rather than sell the property?
In some circumstances where street ROW is proposed for abandonment, the additional property has
value to the adjacent land owner. In this case, the vacation is the final piece of a long and beneficial
transaction process with Ocean Park Hotels LLC. The initial discussions about what land would be
needed for the Calle Joaquin realignment included the idea that the existing ROW, when no longer
needed, would be abandoned to allow for development of the adjacent site. The owner gave land to
the City at no charge in order to construct the realignment, and by necessity, was forced to wait to
fully develop both of their hotel projects until the City road project was complete. Because the
initial discussions included the exchange of land, rather than the sale of land, it would be
inconsistent to now ask the owner to pay for the vacated ROW after they have already conveyed
property to the City at no cost.
Next Steps
Once vacated, the old ROW will be incorporated into the Hampton Inn project and become a
parking and landscaped area for the proposed hotel project. The attached resolution of vacation
authorizes the Mayor and City staff to take the necessary steps to complete the vacation and convey
the property to the Hampton Inn.
Ocean Park Hotels will provide the City with a signed offer of dedication for the ROW for the
future freeway ramps for the interchange. Recordation of the resolution of vacation can be followed
up with a Grant Deed to Ocean Park Hotels or a Quitclaim Deed, at the discretion of the property
owner and the City.
CONCURRENCE
The Planning Commission concurs with this action. The Community Development Director and
Utilities Director concur with the recommendation.
FISCAL IMPACT
There are no significant impacts to the General Fund by vacating this portion of Calle Joaquin.
Impacts from this vacation are expected to be minimal as the City will continue to maintain
public water and sewer utilities remaining in the vacated ROW. Any savings incurred for City
street maintenance of the vacated portion is expected to be offset by the required maintenance of
the new section of Calle Joaquin.
ALTERNATIVE
1. No action. The City Council could chose to not take any action at this time. This
alternative is not recommended as it would not be consistent with the ROW Agreement
previously approved by the Council.
ATTACHMENTS
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Calle Joaquin Abandonment(Vacation) Page 4
1 —Vicinity Map Showing Calle Joaquin Relocation and Proposed Vacation
2—Executed ROW Agreement
3 —Proposed Hampton Inn Development and Right-of-Way for Interchange Ramps
4—Planning Commission Resolution No. 5515-09
.5 —ROW Resolution
T\Council Aaenda RenortsTublic Works CAR\Dev Rcv\CAR Calle Joaquin Abandonment DOC
Attachment I
Calle Joaquin Summary Abandonment
ABAN 133-08
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- ' Attachment 2
7-01-05 ffi1es/s10/C211cJ02QWn/nagg/Agmt 7-1-o5
PROJECT: City of San Luis Obispo—Calle Joaquin Realignment
ASSESSOR'S PARCEL VS: 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-
171-023,AP#053-171-030, and AP#053-17I-013,hereinafter referred to as
"Grantor's Parcels."
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B. Grantor has submitted,development plans to City for the construction of two hotels
upon Grantor's Parcels,
C. The City wishes to realign Calle Joaquin in preparation for future planned
interchange improvements in the area(the"Future Calle Joaquin Interchange
Improvement Proj ect.').
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 1
superseded by the proposed Calle Joaquin Realignment Project(hereinafter '
referred to as the"Roadway Realignment Project.')and certain sections of
Grantor's Parcels that lie within an area identified as the"Future Interchan_e !
Improvement Project,"to assure interim and future access for the Hampton Project
to Calle Joaquin.
F
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 Grantor's Parcels.
i
G. Grantor and City propose certain land exchanges, whereby Grantor would grant
new public roadway and related casements to the City for the Roadway
Realignment Project and�lffer to dedicate land for the Future Interchange Ramp 1
[improvement Project,and in exchange, the City would abandon certain existing
madway rights of way that will become superseded and unnecessary for future
public use to Grantor, upon completion of construction of the Roadway
Rea ignment Project, and assure a specified alternative access to the Hampton
Project is constructed in conjunction with the Future Interchange Ramp
Improvement Project.
Page I of
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Attachment Z
7-01-05 t fiks/sln/Ca11C loaquin/Ragg/Agmt 7.1-05
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 gree as
follows:
I. 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 oly and maintenance of Calle Joaquin. Said real property interests
shall include the following.
(a) Public Street Conveyance. Grantor agrees to grant to City for public
street and related purposes all those areas,in fee 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 instilment in the form of grant deed(the"Grant Deed")conveying the above referenced
real property interests to City shall be executed by Grantor within $item(15)days of the date of
Grantor's execution of this Ageement,and promptly delivered to City representatives.
i
2. CONDITION OF TITLE TO PROPERTY CONVEYED TO CITY. Grantor
agrees to convey all of the real property interests described in Paragraph l above to City, tree and
clear of conflicting title liens and encumbrances, leases, assessments, easements, and other
possessory or non-possessory interests in the real property,except for recorded public utility
easements,recorded public rights of way,and utility and signage easements to be reserved to
Grantor and Grantor's remaining property. Grantor warrants that there are no oral or written
leases on all or any portion of the areas being conveyed to City,or i f 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 ofway, 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 a_rees to
work with City to sock any encumbrance releases necessary to assure that clear title to the 66ts I
to be transferred by Grantor to City is conveyed.
Page 2 of 6
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T . Attachment 2
7.01-09(OWslo/Calle Joaquin/na /AVm 7.1.05
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"
4. MISCELLANEOUS COSTS. The City agrees to pay any and all necessary
transfer and recording fees incurred in this transaction, including the cost of title insurance
premiums.
5. RECORDATION OF GRANT DEED. The City agrees to accept the Grant
Deed referred to in Paragraph I 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 I(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 tot line adjustment(parcel merger application and
approval process required by City,with the Motel 6 Parcel owner; to perfect the lot lines behveen
Grantor's Parcels and the Motel 6 Parcel relative to the area quitclaimed, in order to comply with
any City requirements regarding said lot fine 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 ]'(d)hereinabove to the owner of the
Motel 6 Parcel promptly upon the completion of the Ca]le 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,pennission to enter upon Grantor's Parcels as of the date this Agreement is
signed by Grantor, 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. In conjunction with such entry, City agrees to indemnify and hold a
Grantor harmless from any and all claims associated with City's or its employees',contractors',
and agents' entry upon Grantor's Parcels. '
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 I
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 I
Paragraph I of this Agreement are in effect. i
i
Page 3 of 6
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Attkhent Z .
74)1-05(fildstdCalleJoayuidRu�/pg,ut 7.1.09
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 Grant Deed to Grantor, at no
cost or expense to Grantor, those specific portions of the existing Calle Joaquin that will become
superceded by the Calle Joaquin Realignment, and that lie immediately adjacent to and
contiguous with Grantor's Parcels. Specifically, those sections that City will convey 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 convey 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 good faith and to
complete the conveyance of said interests to Grantor within six (6)months after the date of
completion of the Calle Joaquin Realignment. The conveyance of interests to Grantor shall be
subject to reservation of existing easements for public utilities. In conjunction with conveying
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 TRLAINGULAR 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, and deliver utilities to said parcel
j by means of utility easements reserved by Grantor from the interests granted to City hereunder.
Grantor fiirther agrees to grant permission to the "Margie's Diner Parcel,"identified in the
i 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. The Margie's Diner sign shall not be affixed to the same
sign structure as constructed by Grantor for its use,nor shall the Margie's Diner sign in any way
interfere with Grantor's signage located now or in the future on the Flagg Triangular Remainder.
12. ACCESS TO AND DEVELOPMENT OF THE HAMPTON PROJECT. City
hereby authorizes direct access to the future Calle Joaquin hvm that portion of Grantor's Parcels
that will be developed with the Hampton Project, subject to all usual and customary 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 Ramp improvement Project right of way(as currently conceived) upon the Hampton
project parcel until such time as the City, or a third party, determines that said improvements are
necessary and that it is able to proceed with the design and construction of the Future Cal le a
Joaquin Interchange Ramp Improvement Project.
Grantor agrees that no structural improvements will be planned or constructed within the Future
Calle Joaquin Interchange Ramp Improvement Project area. If said Ramp Improvement Project is
constructed by the City, or a third party, the City and Grantor hereby agree thatthe Hampton
Page 4 of 6
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Attacenth�n2
7-01-05(ti la/sIWCalfc loaquinlFlag!/Agent 7.14)5
Project driveway shall be relocated to continue to provide the Hampton Project parcel access to
Calle Joaquin through and across a portion of the adjacent property to the north of the Hampton
Project parcel, commonly referred to as of the date of this Agreement as the
"Madonna/Twisselman Property,"APN #067-241-024. The relocated access shall be located in
close proximity to the access depicted in Exhibit "C"attached hereto and incorporated herein.
City shall be responsible for all costs associated with the access relocation,subject to the Citys
ability to pass some or all such costs to third parties (other than Grantor or its affiliates). Grantor
agrees to cooperate in a reasonable manner with City in this process, including Grantoes
participation in the permitting and approvals required to construct such driveway relocation, and
entering into a separate,three party agreement between City,Grantor,and the owners of the
Madonna/Twisselman Property in conjunction with the conveyance of the required property
rights from Madonna/Twisselman to Grantor and the permitting and construction of the realigned
driveway.
Grantor hereby extends an irrevocable offer to dedicate the necessary land, acceptable to the
Director of Public Works,as needed for the new ramp construction for said Future Interchange
Ramp Improvement Project. In exchange for the dedication of the land required for the
construction of the Future Interchange Ramp Improvement Project, City,or a third party acting
under mandate by City,agrees to pay all costs arising from the relocation of the Hampton Proiect
driveway through and across a portion of the Madonna/Twisselman Property, at the time such
relocation is required to accommodate the Future Interchange Ramp Improvement Project.
Grantor agrees to execute a separate and formal Irrevocable Offer to Dedicate referencing the
terms and conditions summarized in this Paragraph, in a recordable format acceptable to the
County Recorder's Office, for recordation against the Hampton Project parcel: -
13. JUDGMENT IN LIEU OF DEED. In the event Grantor is unable to deliver
acceptable title to the property rights described in Paragraph I 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 interests necessary for the construction of the Calle i
Joaquin Realignment and/or the insulting 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 1
taking,including ail of the items listed in Section 1260.230 of the Code of Civil Procedure,
l regarding Grantor's Parcels,provided the stipulation does not stipulate to conveyance of property
or damages which is beyond the scope of what is specifically included in this Agreement. E
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
obligation or claims on this account, or on account of the location, grade or construction orthe
Calle Joaquin Realignment.
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Pagc o of 6 i
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Attachment 2 _.
@2!1112006 10:58 8057732418 HAMfNER JEWELL ASSOC PAGE 07
7•rf r n5 r lii,a;hl,d�'zllc lnasryiNflaCq/Agra1 7•r•n5
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 assi&,s.
I7. COUNTERPARTS. This Agr'eesnent maybe 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 togetber 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, LLC
Dated: d J 4 y 1 It 2 c»S by
James M. Flagg,Manager
APPROVED AS TO FORIM: '
by
Ciiy A rrney
APPRO ' DS NTENT:
i
orks Director CITY OF SAN LUIS OBISPO, 1
A CHARTER CITY:
Date by a
M AYoc2
ATTEST:
by
Cit Clcrk
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Attachment 2
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APN: 053-171-030 M
(not shown in entirety) ROW 62:.28,269.62 SF
TCE Bl:8,107.41 SF
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Flagg Main
Remainder-4.589 Ac :.0
(119,917.98 SFJ SE 63:3,543.34 5F
(Including 2 TCEs) / TCE 85: 1223.49 SF
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• �� Flagg Crescent Remainder-0.2203 Ac
: ? / (8,829.26 SF)(Including 1 TCE) I
LEGEND
Ocean Park Hotels(Flagg) Parcel
_ (before takes): 5.6 Ac
A ,^ (243,936 SF)
S %z Slope Easement(SE)(1 total): 0.681 Ac.
(3,543.34 SF)
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:�• `-::,°:�= D cry Row(37): 0.002 Ac-
(75.83
c(75.83 SF)
City ROW: 0.683 Ac.
TCE 88: 379.99 SF (29,763.04 SF)
gQar Temporary Construction
Easements(TCE)(4 total): 0.234 Ac
ROW B411 493.42 SF !: =_:'.' (10 170.18 SF)
r • ` K•r Motel 6 Driveway Access
.• El
(Including 6'Landscape
\ - Buffer)(86): 0.023 Ac
1570.76 SF)
Cane Joaquin
4uin (Existing)
Flagg Triangular -�� - -
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Attachment 2
a 15 30 45 Bo LEGEND
1:1250Ocean Park Hotels(Flagg)Parcel
(�
f (APN: 053-171-028)(before
tam): 1.486]Ar-
Page
I T'+ A (el ..16
E=ITA��j JJ Ocean Park Hotels(Flagg)Panel 0.473(APN 053-171-013) (20,612.34 2 of 2 Slope Easements(SE)(2 total): 0.020(883.09 City ROW: 0.068(2,975.24 S
Temporary CansOvction
Easements(TCE)(3 total). 0.795 Ac.
(34,634.09 SF)
////---- Flagg Small Remainder-0.030 Ac.
TCE Di: 114.42 SF (1,294.67 SF)(Including i TCE)
SE DZ 506.41 5E (APN: 053-171-028)
Cotte � 3°:.;. Joaquin (Realigned)
ROW 03: 2,975.24 SF \
/ SE 04: 376.68 SF � __::
053-171X
TCE OS: 13,907.33 SF
3 Flagg Main
Remainder- 1.368 Ac. /
W (59,577.16 SF) /
(induding 1 TCE) /
(APN; OS3-171-028)
TCE D6:20,612.34 SF
(Entire 0.473 Ac.Parce
Celle do0 under TCE 06)
_ quin (Existing)
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- ....•c a, - q[,.n,aacretN�sc�wr:c.w.rnr�aca - APN: 053-t 71- _1
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Attachment 4
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3
I
RESOLUTION NO.5515-09
i
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING t
COMMISSION RECOMMENDING APPROVAL TO THE CITY
COUNCIL SUMMARY ABANDONMENT OF A PORTION OF i
CALLE JOAQUIN
ABAN 133-08(City of San Luis Obispo)
WHEREAS,the Planning Commission of the City of San.Luis Obispo conducted a public
i
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
January 14, 2009, for the purpose of considering application ABAN 133-08, a request to !
abandon a former section of Calle Joaquin that is no Ionger utilized; and
WHEREAS, said public hearing was for the purpose of formulating and forwarding
recommendations to the City Council of the City of San Luis Obispo regarding the abandonment;
and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the Planning Commission has duly considered all evidence, including the
testimony of the applicant, interested parties, and the evaluation and recommendations by staff,
presented at said hearing.
NOW, THEREFORE, BE rr RESOLVED by the Planning Commission of the City of
San Luis Obispo as follows:
Section 1. Findings. Based upon,all the evidence, the Commission makes the following
findings in support of the abandonment of a portion of Calle Joaquin (as described in Exhibit A)
as a recommendation to City Council.
1. The proposed right-of-way abandonment is consistent with the General Plan because it is
no longer needed for present or future public purposes. }
a
2. Continued use of the right-of-way as a public street could create significant environmental
impacts and serve no reasonable public purpose since the road conflicts with an existing
freeway on-ramp and each property fronting the right-of-way can already gain access from
other existing streets.
3. The right-of-way abandonment will benefit the general public by eliminating an unused
right-of-way and eliminating the City's costs for maintaining infrastructure within the
right-of-way.
,I
tl
4. The proposed right-of-way abandonment is categorically exempt from environmental
review under Section 15301 of the California Environmental Quality Act.
A
I
F
C3 'l�'
• _ _ Attachment 4
Resolution No.5515-09
Page 2
Section 2. Recommendation. The Planning Commission does hereby recommend to
the City Council a consideration to abandon a portion of Calle Joaquin, subject to the following
conditions and code requirements.
1. Reservation of an easement for any existing public or private utilities, water, or sewer tines `
over the abandonment area shall be included in the City Council resolution abandoning the
street.
2. All required pictorial exhibits and/or legal descriptions necessary to complete the
abandonment process shall be provided by the project applicant to the satisfaction of the
Public Works Director. All exhibits and/or legal descriptions shall be prepared by a
Licensed Land Surveyor or Civil Engineer who is authorized to practice Land Surveying,
in accordance with the California Business and Professions Code Section 8700 et seq.
3. Dedication of an easement for future Highway 101 ramps shall be required prior to
recordation of abandonment resolution by the City Council.
4. Informational note: although the abandonment may result in additional property to be
deeded back to adjacent contiguous properties, the abandonment does not constitute
creation of a separate lot or a potential future subdivision.
On motion by Vice-Chair Multari, seconded by Commissioner Draze, and on the following roll
x
call vote to wit: i
i
AYES: Commissioners Multari, Draze, Singewald, Stevenson,Boswell,and Meyer '
NOES: None
REFRAIN: None
ABSENT: Whittlesey
I
s
The foregoing resolution was passed and adopted this 14`h day of January,2009.
rlt
'I
Kim Murry, Secreta,
Planning Commission
6
a
C34
Attachment 5
Recording requested by
and when recorded mail to:
City Clerk
990 Palm Street
San Luis Obispo, CA 93401
RESOLUTION NO. (2009 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
VACATING A PORTION OF THE CALLE JOAQUIN RIGHT-OF-WAY,
SUBJECT TO RESERVATION OF UTILITY EASEMENTS
WHEREAS,the Planning Commission, as required by Section 65402 of the California
Government Code, made certain findings that the location, purpose, and extent of the proposed
abandonment(vacation) of a portion of Calle Joaquin is in conformance with the adopted
General Plan, as prescribed in Planning Commission Resolution No. 5515-09; and
WHEREAS,the portion of Calle Joaquin proposed for vacation has been superseded by
relocation; and
WHEREAS, the relocated Calle Joaquin provides access to adjoining properties; and
WHEREAS, easements are being reserved to accommodate existing utilities; and
WHEREAS,the proposed vacation meets the requirements of a summary vacation per
Section 8330 of the Streets and Highways Code; and
WHEREAS, the summary vacation procedure permits vacation of a street without public
notice or hearing; and
WHEREAS, the City entered into a Right-of-Way agreement approved by City Council
on May 3, 2005, requiring, in part, that Ocean Park Hotels dedicate Right-of-Way for the future
on and off-ramps for US Highway 101 at Los Osos Valley Road in exchange for the vacation of
the Calle Joaquin Right-of-Way.
NOW,THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
R
03 -l9
Resolution No. (2009 Sei._.,) �4ttachmeint C
Page 2 11111 J
SECTION 1. The portion of Calle Joaquin as described on Exhibits A and C and shown
on Exhibits B and D, attached hereto and incorporated herein, is not necessary for present or
future public street purposes.
SECTION 2. The portion of Calle Joaquin as described in County of San Luis Obispo
Board of Supervisors' Resolution No. 67-404 recorded on September 7, 1967, in Volume 1448
of Official Records Page 67 in the Office of the County Recorder of said County, State of
California, incorporated herein by reference, is not necessary for present or future public street
purposes.
SECTION 3. The vacation of said Right-of-Way is made pursuant to Section 8335 of
the California Streets and Highways Code.
SECTION 4. From and after the date this resolution is recorded, said portions of the
Calle Joaquin Right-of-Way no longer constitute a street.
SECTION 5. Pursuant to Section 8340 of the Streets and Highways Code, easements
over the entire vacated Calle Joaquin Right-of-Way are hereby reserved and excepted from said
street vacation on behalf of the City of San Luis Obispo, ConocoPhillips, Charter
Communications, AT&T, PG&E Company, and The Gas Company to construct, operate,
maintain, replace, remove, repair, renew, and enlarge their water, sewer, petroleum, cable
television, telephone, electric; and gas facilities, and for incidental purposes including access.
SECTION 6. Ocean Park Hotels shall execute a grant deed to the City of San Luis
Obispo for the Right-of-Way to accommodate the future on and off-ramps for US Highway 101
at Los Osos Valley Road. Said grant deed shall record concurrently with this resolution.
SECTION 7. Upon notification from the Director of Public Works to the City Clerk that
the conditions prescribed in Section 6 have been met, the City Clerk shall cause a certified copy
of this Resolution of Vacation, duly attested under the seal of the City, to be recorded in the
Office of the San Luis Obispo County Recorder.
SECTION 8. The Mayor and City staff are authorized to take action necessary to carry out
the intent of this resolution, including conveying the vacated portion of Calle Joaquin to the
adjacent property owner.
Upon motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
C3 -�
Resolution No. (2009 Sei. )
Page 3 Attachment 5
The foregoing resolution was passed and adopted this 19`h day of May 2009.
Mayor Dave F. Romero
ATTEST:
Audrey Hooper
City Clerk
APPROVED:
n P. Lowell
City Attorney
f\Council Agenda ReporIsTubllc Works CAR\Dev Rev\Calle Joaquin Final Abandonment Resolution doc
C3 -al
Attachment 5
EXHIBIT A
PARCEL A
A PORTION OF OLD CALLE JOAQUIN, BEING ALSO A PORTION OF LOT 69 OF THE SUBDIVISIONS
OFTHE RANCHOS CANADA DE LOS OSOS AND LA LAGUNA IN THE CITY AND COUNTY OF SAN
LUIS OBISPO, STATE OF CALIFORNIA ACCORDING TO MAP BOOK A, PAGE 83:IN THE OFFICE OF
THE RECORDER OF SAID COUNTY, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF PARCEL A OF PARCEL MAP SL 79-069
ACCORDING TO PARCEL MAP BOOK 34, PAGE 20 BEING ON THE SOUTH LINE OF THE LAND
DESCRIBED AND CONVEYED BY DEED BOOK 'G', PAGE 446 AND ALSO ON THE WEST LINE OF
SAID OLD CALLE JOAQUIN; THENCE ALONG SAID WEST LINE,
i
NORTH 310 07' 35" WEST, 53.24 FEET; THENCE,
NORTH 220 56' 40" WEST, 50.00 FEET; THENCE,
NORTH 410 14' 20' EAST, 91.34 FEET TO THE WEST LINE OF CALIFORNIA STATE HIGHWAY t
101; THENCE ALONG SAID LINE,
4
SOUTH 210 21' 25" EAST, 130.32 FEET TO THE SOUTH LINE OF THE LAND DESCRIBED AND
CONVEYED BY DEED BOOK 'G', PAGE 446; THENCE ALONG SAID LINE,
SOUTH 57° 18' 37` WEST, 72.08 FEET TO THE POINT OF BEGINNING AND CONTAINING 9,167
SQUARE FEET, MORE OR LESS.
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EXHIBIT B /
PORTION OF CALLE JOAQUIN
TO BE VACATED BY
THE CITY OF SAN LUIS OBISPO
BEING A PORTION OF LOT 69 6
OF RANCHO CANADA DE LOS CITY LIMITS
OSOS AND LA LAGUNA (TYP)
(A-MAPS-83)
CITY OF SAN LUIS OBISPO
COUNTY OF SAN LUIS OBISPO
STATE OF CALIFORNIA b.
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E� LAND
PARCFI A
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EASEMENT FOR PARCEL 1 7
OF PM 34 PM 20
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Attachment 5
EXHIBIT C
PARCEL B
PORTION OF OLD CALLE JOAQUIN, BEING ALSO A PORTION OF LOT 69 OF THE SUBDIVISIONS OF THE.
RANCHOS CANADA DE LOS OSOS AND LA LAGUNA IN THE CITY AND COUNTY OF SAN LUIS OBISPO,
STATE OF CALIFORNIA ACCORDING TO MAP BOOK A, PAGE 83 IN THE OFFICEOF THE RECORDER OF
SAID COUNTY, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF PARCEL 4 OF PARCEL MAP SL. 79-069 ACCORDING
TO PARCEL MAP BOOK 34, PAGE 20 BEING ON THE SOUTH LINE OF THE LAND DESCRIBED AND
CONVEYED BY DEED BOOK 'G', PAGE 446 AND ALSO ON THE WEST LINE OF SAID OLD CAI LE
JOAQUIN; THENCE ALONG SAID WEST LINE,
SOUTH 310 07' 35" EAST, 21.46 FEET; THENCE,
1
SOUTH 250 10' 30" EAST, 151.42 FEET TO THE EASTERLY PROJECTION OF THE NORTHERLY LINE OF
PARCEL 3 OF SAID PARCEL MAP, THENCE ALONG SAID PROJECTION, I
{
SOUTH 570 18' 37" WEST, 2:02 FEET; THENCE ALONG THE EAST LINE OF SAID PARCEL 3,
SOUTH 250 10' 30" EAST, 98.47 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
WESTERLY WITH A RADIUS OF 168.00 FEET; THENCE FROM A SEMI-TANGENT BEARING OF
SOUTH .25° 08' 43" EAST ALONG SAID CURVE,
SOUTHERLY AND TO THE RIGHT THROUGH A. CENTRAL ANGLE OF 480 54' 42" FOR AN ARC LENGTH
OF 143.42 FEET TO THE EAST CORNER OF PARCEL 2 OF LLA 99-95 RECORDED AS INSTRUMENT
NUMBER 1995-050290; THENCE ALONG THE EASTERLY PROJECTION OF A RADIAL LINE,
SOUTH 660 14' 01" EAST, 52.00 FEET TO THE WEST LINE OF CALIFORNIA STATE HIGHWAY 101 AND
A NON-TANGENT CURVE CONCAVE WESTERLY WITH A RADIUS OF 220.00 FEET; THENCE FROM A SEMI-
TANGENT BEARING OF NORTH 230 45' 59" EAST, ALONG SAID WEST LINE AND SAID CURVE,
NORTHERLY AND TO THE LEFT THROUGH A CENTRAL ANGLE OF 450 07' 24" FOR AN ARC LENGTH OF a•
173.26 FEET; THENCE
NORTH 210 21' 25" WEST, 296.15 FEET TO THE SOUTH LINE OF THE LAND DESCRIBED AND CONVEYED !
BY DEED BOOK "G", PAGE 446; THENCE ALONG SAID SOUTH LINE,
SOUTH 570 18' 371' WEST, 72.08 FEET TO THE POINT OF BEGINNING AND CONTAINING 25,336
SQUARE FEET, MORE OR LESS.
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CITY UMITS Q
COUNTY OF S LO. / Pa8 S67'f8'3rW
CITY OF S.LO..� S31M73s"= =' ??Q8 : :;:;j, Q
30' ACCESS & UTILITY 21.gg
EASEMENT FOR PARCEL 1
OF PM 34 PM 20 ;�
8.62'
CA
1444—OR-250 ''
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202' 11:�'
:m= :� i
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SLO LLA 99-95
INST 1995-050290 co
CONVEYED BY
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&-4854!42" �:25 ,336 SQ FT/ EXH 1 B 1 T D
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a o ;.:.;-:.:•:-. .... PORTION OF CALLE JOAQUIN
�= TO BE VACATED BY
O)S9+
sem\ R=220.00,. THE CITY OF SAN LUIS OBISPO
0=45'0724 BEING A PORTION OF LOT 59
L=173.26'
OF RANCHO CANADA DE LOS
cb. 0 OSOS AND LA LAGUNA
(A—MAPS-83)
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CITY OF SAN LUIS OBISPO
50' COUNTY OF SAN LUIS OBISPO
STATE OF CALIFORNIA
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