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HomeMy WebLinkAbout06-06-2017 Item 08 Los Osos Valley Road/US 101 Interchange Improvements Project, Specification No. 99821-Two Land Quitclaim Deeds to CalTrans Meeting Date: 6/6/2017 FROM: Daryl R. Grigsby, Public Works Director Prepared By: Kyle Rowland, Engineer III Dan Van Beveren, Senior Civil Engineer SUBJECT: LOS OSOS VALLEY ROAD/US 101 INTERCHANGE IMPROVEMENTS PROJECT, SPECIFICATION NO. 99821–TWO LAND QUITCLAIM DEEDS TO CALTRANS RECOMMENDATION Adopt a resolution approving and authorizing the Mayor to execute a Quitclaim Deed releasing the City’s interest in two small portions of property as part of the southbound U.S. 101 onramp at Los Osos Valley Road from the City to Caltrans. DISCUSSION Background During the design phase of the Los Osos Valley Road 101 Interchange Project (Project), the southbound 101 on-ramp was redesigned with a layout which encroached onto two small portions of City roadway right-of-way. Caltrans approved the onramp design with the condition that once construction was complete, the City would transfer the jurisdiction of the two small properties to Caltrans. The proposed roadway right-of-way relinquishment are located adjacent to 1545 Calle Joaquin and 1675 Calle Joaquin as shown below: The Project consisted of improvements to the interchange necessary to improve safety and to correct operational deficiencies. Los Osos Valley Road was widened to four lanes between Calle 1675 Calle Joaquin 1545 Calle Joaquin N 1” = 200’ Packet Pg 59 8 Joaquin and South Higuera Street and a new bridge was constructed adjacent to the existing bridge. The project also included 6-foot wide sidewalks over the freeway, 6.5-foot bike lanes, and improvements to the on and off-ramps. The subject properties are located along the boundary between the existing Caltrans right-of-way and the existing City right-of-way, and totals approximately 0.16 acres. The properties were formerly occupied by an unimproved parking area and undeveloped land, and are now being used for the newly constructed southbound U.S. 101 On-Ramp. The right of way being transferred was specifically needed to improve the SB On-Ramp and lengthen the merge lane for safety purposes. The attached draft resolution (Attachment A) authorizes the Mayor to execute a Quitclaim Deed transferring any interest the City has in these two properties to Caltrans. A draft quitclaim deed (Attachment B) is approved by Caltrans. CONCURRENCES On April 26, 2017, the Planning Commission made a General Plan Conformity finding in regards to the relinquishment of property to the State for right-of-way use. The resolution signed by the Planning Commission is included as Attachment C. ENVIRONMENTAL REVIEW There is no environmental review associated with the execution of a Quitclaim Deed. FISCAL IMPACT There is no payment required to execute a Quitclaim Deed. This action transfers the asset to Caltrans. ALTERNATIVES Deny approval of the Quitclaim Deed with the State of California. Council may choose to deny approval of the relinquishment with Caltrans. This alternative is not recommended considering the relinquishment was a condition of project approval by Caltrans prior to approval of the final design. Attachments: a - Resolution b - Exhibit A - to Resolution - Quitclaim Deed to Caltrans c - Conformity Resolution from Planning Commission Packet Pg 60 8 R _____ RESOLUTION NO. (2017 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED TRANSFERRING REAL PROPERTY FROM THE CITY TO CALTRANS WHEREAS, the City of San Luis Obispo (“City”) constructed a new overpass at the Los Osos Valley Interchange (“LOVR Project”); WHEREAS, a portion of the LOVR Project consisted of freeway modifications which were designed and constructed over two small portions of land under the jurisdiction of the City; WHEREAS, a Quitclaim Deed has been prepared to transfer these two properties from the City to Caltrans; WHEREAS, Caltrans has reviewed and approved the Quitclaim Deed; WHEREAS, the City Planning Commission has reviewed the Quitclaim Deed and has confirmed that it is in conformation with the City’s General Plan. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The above recitals are true and correct and incorporated herein by this reference. SECTION 2. The City Council hereby approves and authorizes the Mayor to execute the Quitclaim Deed attached hereto as Exhibit “A”. Upon motion of _______________________, seconded by ________________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this ______ day of _______________ 2017. ________________________________ Mayor Heidi Harmon Packet Pg 61 8 Resolution No. (2017 Series) Page 2 R ______ ATTEST: ______________________________ Carrie Gallagher City Clerk APPROVED AS TO FORM: _____________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this ______ day of ______________, _________. ____________________________________ Carrie Gallagher City Clerk Packet Pg 62 8 Form RW 6-1(I) (Revised 01/08) RECORDING REQUESTED BY CITY OF SAN LUIS OBISPO - - - - - - - WHEN RECORDED – RETURN TO City of San Luis Obispo Public Works Department 919 Palm Street San Luis Obispo, CA 93401 Attn: Tim Bochum Space above this line for Recorder's Use CITY OF SAN LUIS OBISPO, a municipal corporation a corporation organized and existing under and by virtue of the laws of the State of California , does hereby release and quitclaim to the State of California all that real property in the City of San Luis Obispo , County of San Luis Obispo , State of California, described as: Parcel 11727-1 as described in Exhibit “A” and depicted on Exhibit “B” AND Parcel 11726-1 as described in Exhibit “C” and depicted on Exhibit “D” Said exhibits attached hereto and made part of this quitclaim deed. This quitclaim deed is made for the purpose of a freeway and the undersigned hereby releases and relinquishes to the STATE any and all abutter’s rights of access, over and across above described courses A, B, C and D as said courses are described in Exhibits “A” and “C”. Transfer Tax Not Applicable: R & T Code 11911 STATE BUSINESS: Free This is to certify that this document is presented for recordation by the State of California under Government Code 27383 and is necessary to complete the chain of title of the State to property acquired by the State of California. District County Route Post Number 05 SLO 101 PM 25.7 PM 25.9 11726-1 11727-1 QUITCLAIM DEED (CORPORATION) Packet Pg 63 8 Form RW 6-1(I) (Revised 01/08) The grantor further understands that the present intention of the grantee is to construct and maintain a public highway on the lands hereby conveyed in fee and the grantor, for itself, its successors and assigns, hereby waives any claims for any and all damages to grantor's remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. IN WITNESS WHEREOF, said corporation has caused its corporate name to be hereunto subscribed and its corporate seal to be affixed hereto, this day of ______________________, 20_____ By , Name: +HLGL+DUPRQ Title: &LW\RI6DQ/XLV2ELVSRMayor ATTEST: By , 1DPH&DUULH*DOODJKHU 7LWOH&LW\RI6DQ/XLV2ELVSRClerk APPROVED TO FORM: By Name: J. Christine Dietrick Title: City of San Luis Obispo, Attorney APPROVED AS TO CONTENT: By Name: 'DU\O*ULJVE\ Title: &LW\RI6DQ/XLV2ELVSR DirectorRI3XEOLF:RUNV [CORPORATE SEAL] Packet Pg 64 8 Form RW 6-1(I) (Revised 01/08) (Here insert name and title of the officer) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _______________ On ___________ before me,_____________________________________________________, personally appeared_________________________________________________________________________________________ _______________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ____________________________________________ (Seal) THIS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation (pursuant to Government Code Section 27281), hereby accepts for public purposes the real property described in the within deed and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of _______________, 20____. MALCOLM DOUGHERTY, Director of Transportation By _______________________________________ Marshall Garcia, Attorney in Fact Department of Transportation District 5, Right of Way Office Chief } ss ACKNOWLEDGMENT Packet Pg 65 8 Packet Pg 66 8 Packet Pg 67 8 Packet Pg 68 8 Packet Pg 69 8 Packet Pg 70 8 Packet Pg 71 8 Page intentionally left blank. Packet Pg 72 8