HomeMy WebLinkAbout05/01/1990, 9 - CONSIDERATION OF APPROPRIATING $95,000 TO PURCHASE 104.31 ACRES ON BISHOP'S PEAK FROM THE STATE PAR oan::
City Of Sa►n Luis OBispo "
ReAU BER.
COUNCIL AGENDA REPORT
FROM: John -Dann, City Administrative Officer
PREPARED BY:' Randall S. Rossi, Open Space Planner
SUBJECT: Consideration of appropriating $95,000 to purchase 104.31
acres on Bishop's Peak from the State Parks Foundation
for permanent scenic open space.
CAO RECOMMENDATION: Transfer $95,000 from the Capital Control
Account to purchase 104.31 acres on Bishops Peak and
authorize the CAO to execute all documents necessary to
affect the purchase from the .State Parks Foundation.
BACKGROUND
In1978, the State Parks Foundation. obtained title to:104.31 acres
on the northwest, southwest and southeast -faces of;Bishop's Peak
through a donation. The State Parks Foundation 'is a. private, non-
profit organization, founded by William Penn Mott, which exists to
educate the public about park values and to facilitate getting land
into the State Parks system by acting as, a broker. or go-between.
In this role, the Foundation obtains _title to land, ' through
purchase. and. donation, and then re-sells it-to the State, . often at
- a nominal cost.
In the case`of the Bishop's Peak property, the Foundation has not
been able to. pass the property on to the State because the State
Parks Department has made a policy decision .not to acquire small,
isolated holdings due to budget limitations and' the -difficulty of
administering disjunct units. However, the State Parks Department
(and the State Parks Foundation) is very desirous of finding a
public agency interested in the long term protection of Bishop's
Peak and willing to exercise a stewardship role.
The Director of. Planning for the State Parks Department, Mr. Ross
Henry, has expressed the hope that at some future date the State
may be able to consider a "Chain of Peaks Park" and, at that time,
the Bishop's Peak property could be folded into that effort. In
the meantime,. the State Parks Foundation wants to sell the property
to fund ottier .programs and acquisitions. Mr. Wayne Guthrie,
President of the Foundation, has stated that he will. sell the
property by June 30, 1990. His first choice would be to sell it
to the City of San Luis Obispo since the City has expressed a
strong interest in the protection of open space and the development
of a greenbelt- system. However, he has also indicated that he
would approach adjacent property owners or sell to "anyone" if the
City is not interested. While the development potential of this
land on the peak is limited, and it is unlikely to be altered, it
could end up in private hands instead of in the public domain.
Clty Of san Us omsp0 -
CIL AGENDA REPORT
The price was-set by the Foundation to reflect its costs of holding
the land for- twelve years and because of the $100, 000 limitation
for the State Parks Department to purchase land without going to
the Legislature. The price would be about $914 per acre.
DISCUSSION
In addition to the 104 acres, the purchase includes an easement for
access from Foothill Blvd. that was part of the original
transaction. It would be the City's intent to keep the property
as perpetual scenic open space. and not to make improvements nor
develop formal access or trails at this time. , As- the Open Space
and Conservation element of the General Plan is prepared, detailed
consideration would be given to the long term use and management
of this property along with other holdings within and outside the
City (such as Reservoir Canyon) . Therefore,- decisions regarding
future use and management of the- Bishop"s Peak- parcel would be
brought back to the City Council as part of the-*wokk-on the overall
open space plan. ='
This acquisition would be a major step in 'solidifyinq the City's
policy position on the protection of open space_and the development
of' a greenbelt. While nota large piece of lan ', * nor' immediately
available for use, this highly visible, ancient natural landmark
would be a symbol of the City's commitment to environmental values
and land' stewardship. There would be no loss of taxes since the
Foundation has not been subject to local taxes, nor=would there be
a change in use or loss of land from agriculture or grazing.
FISCAL IMPACT
$600,000 has been included in the- 1989-91 Financial Plan.for parks
and open space acquisitions, with . $300,000 of that amount
appropriated to the Capital Control Account for the FY 1989-90 (p.
E-11 of the. 1989-91 Financial Plan) . The requested transfer of
$95,000 will cover all costs of acquisition. except for minor costs
that may be associated' with preparing and executing the necessary
documents..„No management or maintenance funds are being requested
at this time is no improvements or use is proposed.
CONSEQUENCES OF NOT TAKING THE RECOMMENDED ACTION
If the City does not purchase the property, the State Parks
Foundation will seek another buyer. The- land may become private
property or be purchased by another agency. The Foundation has
stated that it has no obligation to see that the land ends up in
the public domain and will sell to anyone in order to fund what it
considers to be more important efforts elsewhere in the State. In
this regard, the Foundation must act by June 30, 1990.
-A2
RESOLUTION NO. (1990) SERIES
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
APPROPRIATING $95, 000 FOR THE PURCHASE OF REAL PROPERTY
OF APPROXIMATELY 104.31 ACRES ON BISHOP'S PEAK FROM THE
CALIFORNIA STATE PARKS FOUNDATION AND AUTHORIZING THE
CITY ADMINISTRATIVE OFFICER TO EXECUTE ALL DOCUMENTS NECESSARY
FOR THE TRANSACTION
WHEREAS, the history of the City of San Luis Obispo is
intimately related to its magnificent natural setting and the chain
of ancient volcanic peaks that grace the City's environs, in
particular the local prominence of Bishop's Peak; and,
WHEREAS, the City of San Luis Obispo has had a long standing
commitment to the protection of the environment, its scenic
hillsides, ridge tops and peaks; and,
WHEREAS, the City of San Luis Obispo has a tradition and
commitment to providing active and passive recreational
1
opportunities for its citizens; and,
WHEREAS, a portion of Bishop's Peak which has been owned by
the California State Parks Foundation is available for purchase and
the Foundation has expressed a desire to sell it to the City rather
than have it become private property; and,
WHEREAS, the City is desirous .of preserving the Bishop's Peak
property as perpetual . scenic open space for the enjoyment of its
citizens and all the citizens of the State and for the protection
of the natural environment.
NOW, THEREFORE, BE IT RESOLVED that the City Council transfers
$95,000 (Ninety-five thousand dollars) from the Capital Control
Account for the purchase of 104.31 acres on B'ishop's Peak as
described in Attachment A and authorizes the City Administrative
Officer and other department heads as necessary to execute any and
O
all documents required to affect this purchase..
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 , 1990.
Mayor
ATTEST:
City Clerk
i
APPROVED:
C ty Adm stitiv fficer
tt ney
Fi a Director
Community Develbiinent Director
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ATTACHMENT "A"
July 17 , 1978
California State Parks Foundation
1706 Broadway
Oakland, CA 94612
RE: William Penn Mott, President
Dear Sir:
The undersigned, John E. King and Carole D. King, his wife,
hereby pledge a gift to the California State Parks Founda-
tion, a California non-profit corporation (Foundation) of
the real property in the County of San Luis Obispo , more
particularly described in Exhibit A (the subject property) .
The gift will be made:
1) Of an undivided one-half interest in the subjeci prop-
erty concurrent with our acquisition of the larger
parcel of which it is a part.
2) Of the remaining undivided one-half interest in the
subject property on or before final payment of the
promissory note due sellers.
This pledge is irrevocable. Its obligations are binding on
the heirs , nominees, assigns , successors , personal represen-
tatives , and grantees of each of us . We understand that in
reliance on the pledge, the Foundation may solicit and accept
contributions from others and may acquire other properties in
the area of the subject property.
Very trul yours ,
Lam✓ �i _
JO N E.. NG
AROLE D . KING
U
90r7
EXHIBIT A
That portion of Bishop Peak lying above an. approximate
elevation of Eight Hundred (800) ,feet above sea level, as
delineated on the attached map marked Exhibit A-1. Said
gift property forms a portion of the property outlined on
Exhibit A-1 in yellow pen and located above the red pen mark
which attempts to approximate that portion of the Peak lying
above the 800-foot elevation. The legal description of the
entire parcel of real property is attached hereto as Exhibit
A=2. The description of the Peak is contained within said
legal description as a portion of the southwest qua;ter of
section 21..
Excepted from the gift of Peak property is the area of
the existing spring presently located on the gift property,
which is clearly visible, including the pipes through which
said spring water is conveyed from the .Peak to the remaining
portions of the property. It is the intention of the donors
to retain easement rights over the gift property for the
purpose of conveying water from the existing spring to other
areas of the real. property described in Exhibit A-2 ,
In connection with this gift of real property, the donors
also pledge to convey a non-exclusive pedestrian easement for
access to the gift property. Said easement shall be subject
to relocation at the request of the donors or theirs assigns .
EXHIBIT A
Said easement shall be initially located approximately five
(5) feet within the easterly boundary line of the real property,
as outlined in green pen on Exhibit A-1.. Said easement is
to be maintained at the sole cost and expense of the Founda-
tion.
The above descriptions are intended to be in general
terms only, but are intended to accurately state the intentions
of the donors. An accurate legal description of the gift
property, the non-exclusive pedestrian easement, and the
easements retained by the donors , shall be provided by the
date the
Foundation by means of .a survey no later than the/remaining
undivided half of the gift property is conveyed to the Founda-
tion. -
i .
EXHIBIT
—� � /
portion of Lot 16 .of the Subdivisions of the Rsschos Canada
?.RCL 1: Tha P Obispo, State of
a in the Couaty of San Luis PSI
described as
c.2 7 Os Osos and La L.�-r awe 63
C:a fortiia, as per ma? filed in Book A at p of ,•.a
_'Oilc�s
�c;in:inG at a po-t on the Sc:1t:1crlsterly bounds T lin0cosfe d La LarnLnai Sion
and : ^? of said ?.unOhos �:dc ty 3a�es T. Stratton,
16 of tc Subdivisions of the Rcr.choo Ccnaaa do -A�
accordihc; to tt:C Sur•:cy c West 11.85 chains cistan�t fro= POLte�CelSouth
oint beinG youth 70-1/2 1' and runnilS
sig P �. :ly ccrner of said Lot ito• O+ 27
set at ;;he r•.ost es •ly boundsr:: lire of slid Lot, 3 ; thence.
said Southasste: 5.207'
�0_l/2° gest , aloar the - ��° •dest 6.SL chairs to Dors to p
��.^ t^crce South is-� 20 cha post
tO ?ost Sy_ G; s,ic ' ccstc.•1y boundarl line, 13•
C..�.' S Cil ' So'lt.. o • •act of lani convaycd by
o::�h E=' :;e i , . -l• corner o. a
at tcc =os- easterly decd datc3 Dccerber 17%
-:: ed L.`1.3 set ?.t, :dcrecith by o County,
-A. Forristcr,
to R• ��• Loo-:is and D• of San Lui . ObisF
Offices °
' �� in t:e Cou 1ty Recorder' s thence North 31
1687 , ana.reco-de. et Py;c 3l• and followinu',
re tioned tract, 15.57
.Libe. L ' a�o•:e '
.. of ceps line of
Ca' ifornin, -1 da y 620 . t 25.64 chairs to a post
test, orlon tcc ao: .sto. 'I boo: iY South ar.c the. easterly
u
to a post =1ri:cd L r. ,l�; epee ,.
chairs line of said Lot '°• l line,
.-:4ed L.'•t•9 % on tale SOJA?�,20LCrly :`orth 310 'aCs� , along said bOL'ndsy
O£ county road t-nerve % t'::e Southerly corner o= c*chool Lot;
bo;.n ca: line ,y ca L..t. 1 , L. ?f, 15 at the easterly
1'_.13 C':alns to pry• ' �' {
y : ;,° L. 2 chai::s to a post mar'�e� ..,v boun�'.ary line
t::e:cc .,o: 2 60-1� `s C^ :forth 30° H'_ct to t:e !: -th c+.cstcrz;•
o a
ccrr..r O1 C, 01 10C, .. 0 CCJ.th i6o r.CCt , a1pP. ' Caid ::Or fed inlr, t0 i1C%lnaer
of scid Lot 210. 16; tris:cc
ccs
,, res�e^ly corner of the land i7so�lBCeds, in the office of
line, to the r..Oj. Look 1, ? E
recorded :;i; 30, 1872 n k 1/2° East 20.20 chains tc
?f3tcr, 1 �`CO2GCr o: cid County; thcace South 3- Albert An "
c. ews and
the Count. or
o =d recorded in
tae rbst ortherly
corner of a tract
acted Aur"uste20,y1s,7
r:cd L. Andrews to 1;
tT. Clark by 1,,-t+ of Bea as , at Pagos .iV3 and follow-
-de.-' s Office in Liber ,j � line o£ �,:id lLst naaed
Led County R:co- ' -r W;tet, alonS the Westerly
thence South 10 �� Dint of beGirutin�. -
tr Ct, 7.25 chairs to ne P
o final o^der of Cc 1dc-lttion receded February 26,
Exce?tir.s therefrom t �t "portion Of paid Lot 16 acal:ired by Pacific Gas Ez
Electric Co-?any F'�-eu_-nom t
1971 ir. �ooY, i6Go at pace 596 of Offic'-a1 Records•
r. between Lots 16, 51 and
Df�3C�L 2r All that portion of the County ?toad lyi'Ezc os Car.ada de Los Oses
J2 a ,herrn on tris =_p of the subiivieions of the .
State of Californis, as s s-
Obispo tate ?ale .
` �.. of San Luis ora in 3Ook As at v
cmma in the CG' r cn;. f:led for. rec o
and :,a , •:oZ in :•;c7 lout
r J11J[:r•TS:10rS I an
r, ..
l'�/Cd
b" Jay• �" oder Of t.C Joe. O o , �4 1n °ooY. 1351
83 c- :: ' s, that was COs:doped Ya, recorded Fcbrl-ry 1-'^ 9. ce of Parcel 1,
^t'f w:`'.c i l:r ZQ. ,:Ou1'' 88 L.: a CO..VCf�
, < a, p
r G ,__nc Cc:: . , w:licb
ut P.,,Gc X95 of Oficial Rcc-.cam ,
hereiae•bove cescribed, under Section 1112 of the Civil Coae.
COhTIN JSTJ
EXHIBIT A o z
9-�a
l - :
Page 2
?3xcel 2 con'd
Fxcept therefrom any portion of said land included .`thin the lines of the
1.a1 described in the deed to Lorenzo Alberti and wife, recorded April 239
1934 in Book 150 at pa. e 153 of Official. Records.
PAROL 3: Cc -ercin� et a point in t:1- center line of a portion of abandoned
Sar. Luis Obispo Cou .�y Road ::o. 29, South 50° 05' East 35 .37 feet from point
S 207 on the Southerly line of Lot 16 of the uRcychos.C^^acaod•ofoa0'osCountya
Lasuna, as sro:•n on cap filed for record _n .foo•• A ^� r;; ,an of t..e Subdivisions
of San Luis Obispo, tate of California, and ca Se.n`I.uis Gbispo County,
of the .Rrachos Can---c= do Loi Osla a::d La Laura,
:'u^^.in,^ from said poi-.It of bcC=nn:r. :;cath 18° =9' East
h_ �, P of said abandcntn CO--int" 'o-d to a point;
X32.44 feet along the ccatc._ lir. to a line .hick burs ::oath 52° 17'
thence on a curve 1;0 the r;GY.t tcn�-nt
-act trsough an anClc of 4° 3 ' with a radius of
'0 T20 feet a^d for s distance
S feet to a poi: h^-nce Louth lo° 1:9' S:est 441.13 feet alonO the
of 56.5.
F.oad to a point; thence South
Easterly boundary line of said abanloned County
61° 00' :Nest 611.44 .eet aloe; the Southerly b unaµar' West yCOlne fee fsaid
t to a poiat;cteerce
County Road to a point; `•hence North 23 00
;,Orth 61° 00' East 593.65 feet along the center line of said �baadOned County
Roai to the point of beginninp-
PARCEL 4 : That portion of Lot 16 of the Subdivisions of the Rancbns Canada
do Loc Osos and I,a Ln ,ana in the County of San Luicribcd*n :'.l.lov ;r Czlii'ornSn,
as per rap filed in :Pook A at pace 83 of t•'ti)a,
1111'
Beginning at tae meat Northerly corocr of �atl c}tainr; th�.uc,: ^otl tl;° 30rth-
cginning "
wes:tcrly line of :::jid IOL. Gotith ��' hca �"
East 5.00 citainc to a ;taco marked L.Z.A.2; t2:cncc North '(° 15' i;as-t 6140
chains to the point of beGinninm.
?;.P.CLL 5' Lot 15 of the Subdivisions of the Ranchos Canada de Los Osos and
la Lr�.na, Luis Obispo, State of California,
as per ma-D
in the County of San
filed in Book A at p"Ge 83 of Japs.
EY.CE?^.'I,.G THEREFROM t`.:at portion of said Lot 15 described as follows:
bei-C designated on s
s:d
the most westerly corner of said Lot, yo_ 15. .1orth 460
3eCi:.ning at t'::e ". yhwcsterly line of id
�p as "Post S30" ; thence a1cnC
3U' East 2T•39 chains; thence parallel with the South-ester'_y line of sem':d lot,
South 31° Fast 39.55 ch=ins to "aid
o=' 26.T7aid �•`•alz to the
Tong the Southeaster line of said lot, South ,o°' .:'e=t „�
a_lot Sthe Sout corner of said lot, desirnctcd en said r..p as ost S_03�� , on the
r ' ire of n ro_c, th-t is e'c.o— on said ma?', thence along said
..orthcact•crly - 6 chains to the point of beginnin:,.
Northeasterly line,
I.orth 31° West 35.E
COIiTII'UED
EXHIBIT A - 2 _
?age 3
PARCEL 6: i'hat portion of Lot 16 of the Subdivision of the Ranchos Canada
..n.,
de Los Osos a--(iLn i,:�sna, in the Cou:a}' of San ^111sQObo^Yon syadescrib 3asCalifornias
/ according to map filed for record in Book A a p.6e 3 p0.
follows
* s ,
at the most Southeasterly corner of land of Andrews Brothers, said
joint standing at the inters-ccti.on of the division 1-^.c of lead. of A1cY
Frazer and Andrews Brothers , and the floe }erly li �e of tt:e County
es tyo 3Cdchainsce
alonZ said North^_rl! line of the County Fo_d South 70 30 ,
to the true point of becinring; thence ;:orth 10° 30' .
7.25 chafers to the
intcrsect'_on of division line between lands of Alex Frazer and A.drews Brothers;
th_•nce Southerly in a direct line to a point or. the y'ortherly fine of said
point of
coun' y read chick be ,:orth 70° 30' Ea=t., 100 feet f:o= thZ
begianir.;; .hence Soc:h 70° 30' 'nest, !CO feet to the true point of bcginn:ng.
nee
PARCEL 7: That portion of Lot 1 in Sectionof(3S�oLuisiObi�;coLState aof 12
East, "Mount Diablo Vcridian,- in th- County '
California, accordiLG to the Official Plat thereof, described as follows:
Beginning at a stn:e in a rock mound and stare' inC in the Southwest corner of
Lot :;o. :'hree (3) in Section liventy One (21) Township Thir:;r (30) South Range
Twelve (12) East I:oaat Diablo'Mcridian and running thence fro_ said point of
S g,75 theins to a sta2:e marled
bc, inni:,g along the. aouth L'rc of cctioe2L E(s24 chains to a JY4e marked
;
L. JNo. 1 and A. "o. 1; thence Sou„u 37' 1
L. 0. ?;o. 22 and L. :.o. 1, beim; the col:-cn corner 'lrac`ro-R�tc"o_i�os 0.:os
and La Laguna and thence North 13.00 cra_n.. to the F
PARCEL 8: Lots 19 21 3 and the :Northeast quarter of the Southwest quarter of--,,
Section 21, To«ship 30 South, iianme 12 East, Fount Diablo Meridian, in the
State of California, according to t�e Official
County of San Luis Obispo,
Plat thereof.
E};�E�^I2d0 TEFRC:i
that portion of said Lot 3 described in the deed to Lorenzo
Ge 3�3 c
Alberti, recorded V.ay 5, 1905 in Look 66 at peDeeds , in :he Office of
the County Recorder of said County.
ALSO EXCEPiI:;:; Tii:3Ec0:S Lots 1,2 ani the ::ortheast queer. of the Southwest
qu::-:cr end -...at potion of Lot�3 described in thL�ce?6 0-Of:ic a1-Records,ols,
et 1, recorded tcbr--:ry 7 , 1` 36 In �/O•• 1 8 t p '
all roc}: sad other rincralz, totcth_r with the rigat of iaE:-�
of said Section 21, �. :;ichols,
�o rc_cve s_^c, reser:'ed by Burritt R.
and ej;ress, without cos-, - 2
ct a1, in deed recorded Fcbru rf 7 , 1936 in Book 168 at j=,;_ 6 of Official.
Recor s.
';cr`hlcst quarter of the Southeast ouarter oC
.n^cr o• �h�` acrtion of the he
PARCEL , • - • ;;o Viz: Diu510 :::ridi:.n, ir. own .
Scctica 21 :e_:.eh_? '_0 South, Ra_.,; _2 )as-,
of Sar: L�.:s Obis+.o, State of Cnliforria, accordiaz to the Official Plat thereof;
ir.^lured within the following described lines;
CONTE M
EXHIBIT A = Z*
9-«
1 Jr
Page L ,
Parcel 9 con'd
°cginning at the Northwest corner of the Northwest ausrter of the Southeast
cua-ter of Section tvc:lty 0 (.1) Township 30 South, Nnr.Cc 12 East, t'ou.Zt
Din.)10 Mcridian said point of bc,•inninG beinr, a str—a ma.-kcd 1/10 S, N. 1.
fr:,= which a live oak 12 inc'-OS- di=:ter be_rs South 77-1/20 ?ast 30 'links
di that and running thence - x+ .00 chain- , thence South 5-3/Lo East 20.13
c`aias; thence idest 6.00 chcius to the -outhwcst corner of The Northwest quarter
of tc Southeast quarter; and thence north 20.00 chains to the place of beginning.
r:{C''?TI:?G T:i PW e! all rock and other minerals, toSether vittf the right of
ia;ress and e-ess, withcut cost, to remove s= e, a:, rese:ved by Burritt
R. aichols, et al. , in• de.S recorded Fe:,n.—j 7, 1936 is do's 188 at pass 26,
Official Rccords.
EXHIBIT A - 2