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HomeMy WebLinkAboutR-10802 - LOVR US101 - AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED TRANSFERRING REAL PROPERTY FROM THE CITY TO CALTRANSRESOLUTION NO. 10802 (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"); and 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; and WHEREAS, a Quitclaim Deed has been prepared to transfer these two properties from the City to Caltrans; and WHEREAS, Caltrans has reviewed and approved the Quitclaim Deed; and 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 Council Member Christianson, seconded by Vice Mayor Rivoire, and on the following roll call vote: AYES: Council Members Christianson, Gomez, and Pease Vice Mayor Rivoire and Mayor Harmon NOES: None ABSENT: None R 10802 Resolution No. 10802 (2017 Series) The foregoing resolution was adopted this 6th day of June, 2017. ATTEST: zu. L-� K&J" - Carrie Gallagher City Clerk Page 2 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this IVA day of "„oI Carrie Gallagher City Clerk R 10802 Resolution No. 10802 (2017 Series) EXHIBIT A 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 QUITCLAIM DEED (CORPORATION) Page 3 Space above this line: for Recorder's Use District Coun Route Post Number 05 SLO 101 PM 25.7 PM 25.9 11726-1 11727-1 CITY OF SAN LUIS OBISPO a municipal cor oration 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. Form RW 6-1(1) (Revised 01/08) Resolution No. 10802 (2017 Series) EXHIBIT A Page 4 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 120 By Name: Heidi Harmon Title: City of San Luis Obispo, Mayor ATTEST: BY Name: Carrie Gallagher Title: City of San Luis Obispo, Clerk APPROVED TO FORM: By Name: J. Christine Dietrick Title: City of San Luis Obispo, Attorney APPROVED AS TO CONTENT: By Name: Daryl Grigsby Title: City of San Luis Obispo, Director of Public Works [CORPORATE SEAL] Form RW 6-1(1) (Revised 01/08) Resolution No. 10802 (2017 Series) EXHIBIT A Page 5 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 I SS ACKNOWLEDGMENT On before me, , personally (Here insert name and title ot the officer) 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 Form RW 6-1(1) (Revised 01/08) Marshall Garcia, Attorney in Fact Department of Transportation District 5, Right of Way Office Chief Resolution No. 10802 (2017 Series) EXHIBIT A EXHIBIT "A" Page 6 A parcel of land in the City of San Luis Obispo, County of San Luis Obispo, State of California lying in Lot 69 of the subdivisions of Rancho Canada de Los Qsos and La Laguna as per map filed in Book "A" page 84 of Maps in the Office of the County Recorder of said County, being a portion of that tract of land described as Parcel 3-A in that certain Final Order of Condemnation No. 25913, recorded in Volume 1227, Page 12 Official Records of said County, and being more particularly described as follows; Commencing at the northerly terminus of course (8) of Parcel 3-A as described in said Final Order of Condemnation, ie (North 24°46'30" East 378.53 feet); Thence South 65°13'30" East 50.00 feet to the beginning of a 220.00 feet radius non - tangent curve concave westerly; Thence northerly along the arc of said non -tangent curve (from a tangent which bears North 24°46'30" East) a distance of 16.64 feet, through a central angle of 04°20'00" to the True Point of Beginning of the following described Parcel; Thence from said True Point of Beginning, continuing northerly along the arc of said 220.00 feet radius curve a distance of 145.55 feet through a central angle of 37'54'19" to the beginning of a 458.00 feet radius non -tangent curve concave westerly; Thence (Course "A") southerly along the arc of said non -tangent curve (from a tangent which bears South 07'29'11" East) a distance of 143.49 feet through a central angle of 17°57'03"to the True Point of Beginning, containing 608 square feet or 0.0139 acres more or less. The Basis of bearings for this description is the centerline of Highway 101 as shown on State Highway Right of Way Map 05-SLO-101, Sheet 29 of 32 Dated 1947, (ie) N26° 12' 3 0"E. Reserving unto the State of California all rights of vehicular ingress and egress over the hereinabove described Course "A". F\1761 LOVR_US[0[ PSCE\400\460_Rof6V_Engr\TERRYFOI.DER_FinnIRoN9Co S'J'A7Ei-21-2016doc 3/222015 Resolution No. 10802 (2017 Series) EXHIBIT A �7F AND Y t ,SOF CjkOI &4 34 P.M. 20 EXHIBIT "B" 16' f 6� 2n0, P.O.C. ,,c�o00 NORTHERLY TERMINUS OF COURSE 8 OF PARCEL 3—A IN O FINAL ORDER OF CONDEMNATION O 25913 (1227 O.R. 12) U') "❑ a GF' (T) TANGENT O.R. OFFICIAL RECORD P.M. PARCEL MAP 16' f 6� 2n0, P.O.C. ,,c�o00 NORTHERLY TERMINUS OF COURSE 8 OF PARCEL 3—A IN FINAL ORDER OF CONDEMNATION No. 25913 (1227 O.R. 12) "❑ a GF' (T) TANGENT O.R. OFFICIAL RECORD P.M. PARCEL MAP (1) 1227 O.R. 12 P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING I I I I I I I 1 1 1 ACCESS PROHIBITED ■ a CIA �Cakrl_ U) uo �i tt- A 608 Sq.Ft. .0139 Acres lv P.O.B. Page 7 I t• SCALE: 1" = 50' The Basis of Bearings used herein is the centerline of Highway 101 as shown on State Highway Right of Way Map 05—SLO-101, Sheet 29 of 32 Dated 1947 (ie) N26'12'30"E ®DOKKEN Z M w w: w w N w 110 BLUE RAVINE ROAD.SUITE 200 FOLSOM. CA 95630 US 101 'LOS OSOS VALLEY ROAD DATE: 3/21/16 CITY OF SAN LUIS OBISPO APN: COUNTY OF SAN LUIS OBISPO STATE OF CALIFORNIA DE NO.1761 (916)656-0642 I CHECKED BY: JA PREPARED BY: TF OWNER: CITY OF SAN LUIS OBISPO SHEET 1 OF 1 Resolution No. 10802 (2017 Series) EXHIBIT A EXHIBIT "C" Page 8 That portion of Lot 69 of Rancho Canada de Los Osos and La Laguna, and that portion of Government Lot 3 in Section 10, Township 31 South, Range 12 East, Mount Diablo Base and Meridian in the City of San Luis Obispo, County of San Luis Obispo, State of California and being a portion of those tracts of land which were conveyed to the State of California by the following three documents, (1) Grant Deed recorded in Volume 1131, Page 369, (2) Grant Deed recorded in Volume 1224, Page 145, and (3) Final Order of Condemnation recorded in Volume 1227, Page 12, Official Records of said County, and being more particularly described by metes and bounds as follows; Beginning at a point radially distant N78°17'33"W 80.00 feet from Engineers Station 659+25.55 P.O.C. on the center line of the Department of Public Works' Survey for State highway road V- SLO-2-E, as said centerline is delineated on the map filed in the State Highway Map Book at pages 307 to 318, inclusive, records of said County and being on the arc of a non -tangent curve concave easterly having a radius of 2080.00 feet, said point being the True Point of Beginning; Thence southerly along the arc of said non -tangent curve (from a tangent which bears S 11 °42'27"W) a distance of 329.06 feet, through a central angle of 09°03'51" and being subtended by a chord bearing and distance of S07°10'32"W 328.72 feet to a point described as being N56°19'45"W 92.30 feet from Engineers Station 655+63.71 B.C. on the above said survey center line; Thence Course `B" N88039'30"W (N87°05'22"W record) to a point on the are of a non -tangent curve concave easterly having a radius of 2092.00 feet; Thence Course "C" northerly along the arc of said non - tangent curve (from a tangent which bears NO2°38'09"E) a distance of 553.45 feet, through a central angle of 15°09'28" and being subtended by a chord bearing and distance ofN10°12'53"E 551.83 feet; Thence Course "D" S72112'23"E 5.72 feet to a point on the easterly line of PARCEL ONE, of the relinquishment of highway right of way filed in Volume 1228, Page 707, Official Records of said County, and shown on the maps filed in State Highway Map Book at pages 635 to 636 inclusive, Official Records of said County; Thence S13°07'32"W 221.26 feet along the easterly line of said PARCEL ONE to the True Point of Beginning. Containing 6,360 square feet more or less. The bearings used herein are based on the center line of the Department of Public Works' Survey for State highway road V-SLO-2-E, as said centerline is delineated on the map filed in the State Highway Map Book at pages 307 to 318, inclusive, records of said County. ( ie: N26°12'30"E) Reserving unto the State of California all rights of vehicular ingressrl�rl; and egress over the hereinabove described Courses "B", "C" and "D". P Off. cwlgi 1:A1701_LOVR USI01_PSILEV400V460_RofW EngrATERRY FOLDER_Final RoMiT RW doe 312aQ016 ,NND 3U�G TERRY f0 XV 9-30-16 �Q tti OF CAL1Fa� 0 50' 100' 1 " = 100' T_ P. 0. B. P/ LEGEND EXHIBIT »D )y Resolution No. 10802 (2017 Series) EXHIBIT A, Page 9 Dimension Point a Course "D" Ci IT 372'12'23"E 5.72' O fool OLD "E" LINE d=24- 52' R= 2000.00' --� L= 868-01' O �0 w True Point of Beginning b Access Prohibited o h T P.O.B. V -14 ry 80.00' L T 659+25.55 P. 0. C. ry CQ. C�l The bearings used herein are based on EXISTING CAL TRANS R/W LINE the centerline of the Department of Public works for State Highway Road V—SLO-2—E, u� p as said centerline is delineated on the Map o Q filed in the State Highway Map Book at pages 1 307 to 318, inclusive, records of said County. ,�,ie N26'12'30"E) v Course —N8839'30"W 12.00' 35' RT 655+31.04 P.O. T. "E"= 655+31.04 B. C. "ER" (1947) "N" 655+63.71 B. C. = 'N" 655+62.69 8.C. N 56' 19' 45" W 92.30' (TIE) ® V US 101/LOS S VALLEY ROAD DATE: 3/21/16 DOK11IEN CITY OF SAN LUIS OBISPO APN: w. 1 M W R R r s. rr COUNTY OF SAN LUIS OBISPO 110 BWERIAVINE ROAO,SUITE 200 FOLSOM, CA 95830 (916)858-0642STATE OF CALIFORNIA DE NO. 1761 CHECKED BY: JA PREPARED BY: TF OWNER: CITY OF SAN LUIS OBISPO I SHEET 1 OF 1 Ci IT Co to o fool co 2 0 r q EXISTING CAL TRANS R/W LINE the centerline of the Department of Public works for State Highway Road V—SLO-2—E, u� p as said centerline is delineated on the Map o Q filed in the State Highway Map Book at pages 1 307 to 318, inclusive, records of said County. ,�,ie N26'12'30"E) v Course —N8839'30"W 12.00' 35' RT 655+31.04 P.O. T. "E"= 655+31.04 B. C. "ER" (1947) "N" 655+63.71 B. C. = 'N" 655+62.69 8.C. N 56' 19' 45" W 92.30' (TIE) ® V US 101/LOS S VALLEY ROAD DATE: 3/21/16 DOK11IEN CITY OF SAN LUIS OBISPO APN: w. 1 M W R R r s. rr COUNTY OF SAN LUIS OBISPO 110 BWERIAVINE ROAO,SUITE 200 FOLSOM, CA 95830 (916)858-0642STATE OF CALIFORNIA DE NO. 1761 CHECKED BY: JA PREPARED BY: TF OWNER: CITY OF SAN LUIS OBISPO I SHEET 1 OF 1