HomeMy WebLinkAboutr 10453 autho eminent domain to temp acquire temp construction easement apn 053151016RESOLUTION NO. 10453(2013 Series)
A RESOLUTION OF NECESSITY BY THE CITY OF SAN LUIS OBISPO TO
AUTHORIZF'TIJF. USE OF EMINENT DOMAIN TO ACQUIRE A TEMPORARY
CONSTRUCTION EASEMENT IN APN: 053-151-016 FOR THE PURPOSES OF
FACILITATING CONSTRUCTION FOR THE LOS OSOS VALLEY ROAD-HIGH\ryAY
101 INTERCHANGE PROJECT, SPECIFICATION NO. 99821 AND CEQA FINDINGS
WHEREAS, Los Osos Valley Road is a major regional arterial street that traverses half
of San Luis Obispo County from the Pacific Coastline to the center of the County near the San
Luis Obispo Regional Airporl, Current regional and local trafhc demands on the state and local
roadway system have deteriorated over time; and
\ryHEREAS, The Los Osos Valley Road-Highway 101 Interchange Project ("Project")
proposes to widen Los Osos Valley Road (LOVR) between the recently reconstructed Calle
Joaquin intersection with LOVR west of US-l01 and the Los Verdes Park community east of US
101 to four lanes; and
WHEREAS, the Project is to improve operations, safety and capacity in and around the
interchange to accommodate a minimum of twenty years of trafhc growth that will occur in this
area of the City; and
\ryHEREAS, On August 15,2011, the California Department of Transportation adopted
the findings required by the California Environmental Quality Act and approved a Mitigated
Negative Declaration for the Project. The Mitigated Negative Declaration, including the Notice
of Determination and the Initial Study, summarizes the purpose and need for the Project; and
WHEREAS, the Mitigated Negative Declaration approved for the project analyzed the
potential environmental impacts associated with real property acquisitions needed to construct
the project and concluded that there were no environmental consequences as a result of current
or future real property acquisition surrounding the interchange and that no avoidance,
minimization and/or mitigation measures were required; and
\ryHEREAS, the City of San Luis Obispo desires to acquire temporary construction
easements described in Exhibit A in, over, upon, across and through APN: 053-151-016, as
legally described in Exhibit B and depicted in Exhibit C attached hereto for the purposes of
facilitating construction of the Project as fully described in the Project Report; and
WHEREAS, the City is vested with the power of eminent domain to acquire real
property by virtue of Article I, section 19 of the California State Constitution, California
Government Code section 37350.5 and California Civil Procedure Code sections 1240.010 and
1240.220; and
WHEREAS, pursuant to California Civil Procedure Code section 1245.235, notice of
intent to adopt this Resolution of Necessity was duly given to BP Vy'est Coast Products, LLC,
whose property interest is to be acquired by eminent domain and whose names and addresses
R 10453
Resolution No, 10453 (2013 Series)
Page 2
appear on the San Luis Obispo County Equalized Assessment Roll, and the property owner has
been given a reasonable opportunity to appear and be heard before the City Council; and
WHEREAS, pursuant to California Government Code section 7267.2, the City has made
an offer to the owner(s) of record to acquire the subject property for the amount which it has
established is just compensation based on an appraisal.
NO\il, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo, the City Council hereby finds and follows:
SECTION 1: The above-referenced findings are incorporated herein as if fully set forth;
and
SECTION 2: The public interest and necessity require the Project; and
SECTION 3: The Project is planned or located in the marìner that will be most
compatible with the greatest public good and the least private injury; and
SECTION 4: The taking of the temporary construction easement more particularly
described in Exhibit A is necessary for the Project; and
SECTION 5: The Mitigated Negative Declaration approved by California Department
of Transportation on August 15, 20Il adequately analyzed the potential environmental
consequences associated with the project, including potential impacts related to real property
acquisitions and concluded that no adverse impacts to the environment would occur from the
proposed real property acquisitions and that no avoidance, minimization, and/or mitigation
measures were required; and
SECTION 6: The offer required by California Government Code section 7267.2 has
been made to the owner of record of the real property; and
SECTION 7: The City Attorney or her duly authorized designee is hereby authorized
and directed to institute and conduct to conclusion an action in eminent domain for the
acquisition of the temporary construction easement as described in Exhibit A and to take such
actions as she may deem advisable or necessary in connection therewith; and
SECTION 8: The City may deposit with the State Treasury the probable amount of
compensation and obtain an order for prejudgment possession of the subject property.
Upon motion of Council Member Ashbaugh, seconded by Council Member Christianson,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
Council Members Ashbaugh, Carpenter and Christianson, Vice Mayor
Smith and Mayor Marx
None
None
ResolutionNo. 10453 (2013 Series)
Page 3
The foregoing resolution was adopted this 17th day of July 2013
Mayor J
ATTEST:
City Clerk
AS TO FORM:
J. Christine Dietrick
City Attorney
+-
EXHIBIT A
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement is ordered to the City of San Luis Obispo, a municipal
corporation and charter city in the County of San Luis Obispo, State of California, and its
contractors, successors and assigns, referred to herein collectively as "City", for the purposes of
facilitating construction of the Los Osos Valley Road-Highway 101 Interchange Project for road
and bridge improvements ("Project") and to utilize said Temporary Construction Easement for
all other related activities and purposes in, on, over, under, through, and across that certain parcel
of land described and depicted in Exhibits "8" and"C", attached hereto, and incorporated herein
("Easement Area"). Such use shall include the right to temporarily place equipment, materials
and vehicles, and pile earth thereon during periods of active construction, and the right to
conduct grading and pavement restoration work and other related activities in conjunction with
the construction of the Project. The Easement Area may be used for vehicular ingress and egress
purposes to access the business on site whenever clear and safe access routes are available. It is
anticipated that there will be some access delays and obstructions within the Easement Area from
time to time as Project construction work is underway, but in no event, shall the access delays or
obstructions to the driveways within the Easement Area to Los Osos Valley Road exceed fifteen
(15) days per driveway, and at least one driveway to Los Osos Valley Road shall be kept open at
all times. Upon completion of construction of the Project, the surface of the Temporary
Construction Easement Area shall be generally restored to the condition that existed prior to
construction, to the extent reasonably practical except that it will be at a higher elevation sloping
from the southeast.
Said Temporary Construction Easement shall commence thirty (30) days after issuance by City
of a Notice of Commencement of Construction, which shall be issued to the property owner of
record by U.S. Mail, no earlier than April 1,2016, and shall automatically terminate upon
completion of construction of the Project and restoration of the Easement Area, or six months
after this easement commences, whichever occurs first, but in no event, shall termination extend
beyond December 31, 2016.
In addition, said Temporary Construction Easement includes the City's right to extend the six
month term in additional one (1) week increments, atarate of $405/week, consecutive with and
immediately following the original six month construction period. City shall provide written
notice ofits intent to exercise such extension l5 days before the exercise ofsuch extension.
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APN 053-151-Ol6
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A parcel of land llng in Lot 7 of Tract 347, Freeway Center in the City of San Luis
Obispo, County of San Luis Obispo, State of Califomia, ur p., Map recorded March 3,1967 in
Book 7, Page 23 of Maps in the office of the County Recoráer otsàid County, and being moreparticularly described as fóllows;
Beginning at the most southerly corner of said Lot 7 , said point bèing the True point of
Beginning;
Thenee N18"51 '17"W 112.29 feet along the southwesterly line of said Lot 7 to the
beginning of a 5049.80'radius tangent curve concave westerly;
Thence continuing along the westerly line of said LotT alongthe arc of said tangent
curye a distance of 91.51' through a central angle of 0l " 02'18" and being subtended byã chord
bearing and distance of Nl9o22'26-W 97.51'to the beginning of a 20.0U radius reverse curve
concave easterly;
Thence northeaster[y along the arc of saicl reverse curve a clistance of 31.52, through a
central angle of 90"17'16- and being subtended by a chord bearing and distance of N25ol5'03',E
28.35' to a point on the northwesterly line of said LotT;
Thence N70"23'4l"E 18.85' along said northwesterlyline;
Therrce departing from said northwesterly line s22"07'17"E gg.30';
Thence 57l o00'54"W 34.02' ;
Thence S I 8'rj9'00" E 2'1.99' ;
Thence N71 o00'54"E 35. 55' ;
Thence 522"07' l7"E 105.56' to a point on the southeasierly line of sai dLotT;
Thence 567"52'43'W 50.48' along saicl southeasterly line ío tfr" poinlof U.ginning,
containing 8,813 square feet or 0.2023 acres more or less.
The Basis of bearings for this description is the California State Plane Coordinate
System, NAD83(92), Zone V. All distances are Grid distances. To convert to ground
distances multiply by 1.00004032
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DIRECIION
s7't'00'54"W
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LENGTH
J4,02'
27.99',
35.55'
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LEGEND:SCALT: 1" = BO'o.R OFFICIAL RECORDP.O.B. POINT OF BEGININGR.M. RECORD MAPI.C.E. TEMPORARY CONSTRUCTION EASEMENT
BASIS OF qtARll)¡çs:
CALIFORNIA STATE PLANE COORDINAIE SYSIEM, NAD83(92),ZONE V. ALL DISTANCES ARE GRID DISTANCES. TO CONVERTTO GROUND DISTANCES MULTIPLY BY 1.OOOO4O32.
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APN: 053-151-016
I I f Ur 5AN LUf 5 UUISPO
COUNTY OF SAN LUIS OtsISPO
STATE O[ CALTFORNTA
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DE NO.176rl
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