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Home My WebLink About01/17/1989, C-5 - ACCEPTANCE OF LOS OSOS VALLEY ROAD DEED, BETWEEN LOS VERDES ESTATES (TRACT NO. 467) AND US 101. (KA MEETING DATE CTC)/ Of San 1111b OB1SPO Jan. 20, 1989 � 10 COUNCIL AGENDA REPORT FROM: David F. Romero Wayne A. Peterson Prepared by: Gerald W. Kenn Public Works Director City Enginee.cy( Supervising Civil Enginee7/� SUBJECT: Acceptance of Los Osos Valley Road Deed, Between Los Verdes Estates (Tract No. 467) and US 101 . (Karl and Julia Kundert) CAO RECOMMENDATION Adopt Resolution Accepting Deed from Karl and Julia Kundert. DISCUSSION: Los Osos Valley Road was recently improved between Higuera Street and U.S. 101 under a joint project with Cal Trans. Althouc` a deed was recorded in 1974 "offering" the subject property irrevocably to the City, it was not effective, technically, until accepted by the City Council when the street was subsequently needed and improved. The deed grants fee title (rather than an easement) and was required as a condition of a parcel map preceding the development of Tract No. 467. The subject deed covers only that portion of Los Osos Valley Road lying westerly of the subdivision. The right-of-way within the tract was accepted as part of the map process. The original deed was sent to the subdivider (Garden Homes, Inc. - Warren Dolezol) after recording. A copy of the recorded document is attached. FISCAL IMPACT: None SIGNIFICANT IMPACTS: None ALTERNATIVES: Option 1 : Adopt resolution accepting deed. Option 2: Deny acceptance, although it is not logical due to recent improvement of the road and implied acceptance. �-s-e '1111111111f jjj� CTCy Of Sd. - ,LUIS OmpO COUNCIL AGENDA REPORT Los Osos Valley Road Deed Meeting of January 20, 1989 Page Two CONCURRENCES: The Community Development Director and City Attorney concur with the recommendation. No department has expressed opposition. CONSEQUENCES OF NOT TAKING THE RECOMMENDED ACTION: There would be a cloud on the ownership of the parcel and the County Assessor would continue to tax it as private property. RECOMMENDATION: Adopt resolution accepting road deed from Karl and Julia Kundert for Los Osos Valley Road between Higuera Street and U.S. 101 . i Attachments: 1 - Draft resolution 2 - Map 3 - Deed (copy) N/jkDolezol j I n \� RESOLUTION NO. (1989 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY. OF SAN LUIS OBISPO ACCEPTING A ROAD DEED FROM KARL AND JULIA KUNDERT FOR LOS OSOS VALLEY ROAD BETWEEN HIGUERA STREET AND U.S. HIGHWAY 101 WHEREAS, the City of San Luis. Obispo received an offer of dedication for the extension of Los Osos Valley Road between Higuera 'Street and: U.S. Highway 101 which was recorded in Volume 1827 at Page 520 of Official Records in the Office of the San Luis Obispo County Recorder on May 24, 1974 from Karl and Julia Kundert, and WHEREAS, that certain parcel of land was needed for the construction of Los Osos Valley Road under a ;joint project with Cal Trans and said project is complete and accepted. NOW THEREFORE BE IT RESOLVED that said deed is hereby accepted by the City of San Luis Obispo. . The City Clerk shall cause this resolution to be recorded in the office of the. County Recorder. On motion of seconded by and on the following roll call vote: AYES: NOES•. ABSENT: the foregoing resolution was passed and adopted this day of 1989. MAYOR ATTEST: CITY CLERK 1f M M M 'M M M M Resolution No. (1989 Series) Page Two APPROVED: City Administrative Officer Public Works Director APPROVED AS TO FORM: e,6ity Attor y N/,j kdolezol 3k i� •��Yi:/.=' 'YGllCL2M�G J/TLY�M/llG dl/ cu�iar:0,.rro rirxc,i.zor�/,O� SL�CL7'i14':tc+igQ+•rrc�yyfe�Yi�ta•vI4 f .:a 6 NZy/at'ftlAlfliB,P.A�l�7..4[p•307�71,P.AIB. 9 :V w� A a sr w w ~ �BOQJ y�OO BB40D O ? t 2 C n --fc axz Avwwa wine rAd Owk .4140"vold'A40MC4,4440M San ' 200' • P+C PCEL C 9�,• R 93 At NOT/' PAQT ..iuT Q. �t .ece iolss �s�c Giu Tr ting/,uea-35 f" �•' �pC s 99 ` .. ,s 2 .?i .s KTiv-_' V Ali • STrZia \ LOS 0672i7^i! yl d.. !Y .• Q ` y s a�:. •C4Mpa h �e9r ah000vo yS` 4 y \ . % 1403 ac R� ra w � v I V � b� !v •, � � A� V„ "�� '�I B 4} +o�7.ec�G A °o Q�•' tai .... ... a's � BIe y'tea- Jv 4y ' �B't4• CG/CTlI/L,.yTC Of� PL.AN.YING COMAt/�iS�ON \C,) j I lily thof This finta✓/PWpO of�Porec/ 5rL0-74-//S' t.._ confw r►�s fo the tcnfottvc "nolo o scic'fi•vcf Phot >ror�y the a.Z7,17i49 CGr!7/nissian =,f the=My -f Son 'orb .stol¢ of �,:o/ifwn:c• RECOR91NG REQUESTED 6►AND MMLTO /Y NAME �.�,P�.t/ ��/5/n.��f� ./�O• 04102.10E 000004.00 RECR STRUT. 7,0 CITY _s✓ -dx G+si%2 �'we o / � WOWS 000MUOG FFICIAL RECORDS IRREVOCABLE & PERPETUAL SAPS LUIS OMSPO CO.. CAL OFFER TO DEDICATE APR 101975 WILLIAM E. ZIMARIK COUNTY RECORDER TIME 4,,^.� P.M . ------------------ --------------- - - - 0000 - - - I ` THIS OFFER TO DEDICATE, made the 20th day of May 1974, by KARL KUNDERT AND JULIA C. KUNDERT, HUSBAND AND WIFE of the County o an Luis Obispo. State of California, hereinafter , termed Offeror: WHEREAS, said Offeror desires to make an offer to dedicate, irrevocably, in fee. to the City of San Luis Obispo, State of California, for public road, utility, sewer, and drainage purposes, and related purposes, which offer may be accepted at any time. i NOW. THEREFORE, said Offeror covenants and promises as follows: i 1. That said Offeror is the owner of the land described in Exhibit "A" attached hereto and made a part hereof (herein sometimes referred to as the "road parcel"). 2. That said Offeror does hereby irrevocably and in perpetuity �• offer to the City of San Luis Obispo, State of California, a dedication ; in fee of the road parcel described in Exhibit "A" attached hereto for public road, utility, sewer and drainage purposes and related purposes, and for public maintenance. 3. Offeror reserves the following rights, until such time as the above offer of dedication is accepted by such governmental entity: ~; (1) The right to use said road parcel and to grantOb �'. licenses, rights or easements to others to use said road parcel as a private road. j «' (2) The right to improve or cause to be improved the road parcel with paving, utilities, lines, pipes, conduits, poles, sidewalks, curbs, gutters, drains, 's ••• drainage facilities, sewers, lighting, fire hydrants, street signs, and related equipment and facilities. x 4. That said Offeror agrees that said offer of dedication shall be irrevocable and that such a government entity may, at any time in the future, accept said offer of dedication. S. That said Offeror agrees that this irrevocable and perpetual +•: { `. Offer to Dedicate is and shall be binding on his heirs, legatees and i assignees. �e ,.. 1' . IN WITNESS WHEREOF, this Offer to Dedicate is hereby executed by # the said Offeror on the day and year first above written. r� Offeror Offeror jQ tMM27 =520 Y� ; AML SAN LUIS OBISPO Los Osos Road Extension That portion of Parcel B, Parcel Map No. SLO-307-72, as shown on Map filed in Book 9, Page 98 of Parcel Maps in the office of the Recorder of the County of San Luis Obispo within a strip of land 100 feet wide lying i �. 50 feet on each side of the following described center line: Beginning at the Westerly terminus of that certain course in the center line of Los Osos Valley Road, 84 feet wide, as shown on the map of Tract No. 467, Unit 1, filed in Book 8, Page 35 of Maps, Records of said county, having a bearing of North 86. 32' 47• West and a distance of 173.81. thence North 860 32' 47• Went 299.26 feet along the Westerly prolongation of said center line to the beginning of a curve concave to the Northeast, having a radius of 850.00 feet, tangent to said lest me.stioned course, thence Westerly ! along said curve through a central angle of 410 45' 36" a distance of 6I9.52 feet to its intersection with the Westerly line of Parcel B, of said Parcel Map No. SLO-307-72. The side lines of said 100.00 foot strip of land shall be prolonged .r shortened at the Easterly end thereof to the Southwesterly prolongation of the Westerly boundary 1 of said Tract No. 467, Unit 1, and the Westerly end thereof so as to terminate in the Westerly boundary of Parcel B of said Parcel Map i No. SIA-307-72. EXFiInT* •'A•' STATE OF CALIFORNIA ) ' COUNTY OF SAN LUIS OBISPO )sa On May 24 1974, before me, the undersigned notary »; public, personally appeared KARL RUNprnr and JULLe G. RL0ERT' known to me to be the person(s) whose name(a) are subscribed to the ;- :. is/are •�'>•-' }} within instrument and icacknowledge that the executed the am*. ��f`. . I'y=•.., . .:. _ e t q .� ,.. . .�. �. LICKU Norm =!kROLE tarf Public in and for said Co t;a9 (SEAL) , FID OF D CAROLE R. McHUGHji 1 tVA827. w 521 . y'