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HomeMy WebLinkAbout12-12-2017 Item 09 - Authorize the Mayor to execute a quitclaim deed for an easement on 4450 BroadMeeting Date: 12/12/2017 FROM: Michael Codron, Community Development Director Prepared By: Diane Dostalek, Senior Civil Engineer SUBJECT: QUITCLAIM DEED FOR EASEMENTS ACROSS THE PROPERTY LOCATED AT 4450 BROAD STREET RECOMMENDATION Adopt a resolution (Attachment F) authorizing the Mayor to execute a quitclaim deed for easements across the property located at 4450 Broad Street. DISCUSSION Background The Airport Business Center project located at 4450 Broad Street is currently under construction. A vicinity map and project layout are shown on Attachment A. A recent title search of the property discovered two existing easements that had not been discovered during previous title searches. These easements were private easements reserved via a parcel map (37 PM 44) and a grant deed (2712 OR 438). The easements were intended to provide access and utilities from Broad Street to a rear parcel which did not have any frontage on Broad Street. The general location of these easements is shown in Attachment B. That rear parcel was eventually developed as Tract 2289 and the City acquired fee title to open space creek Lot 49 of Tract 2289. The creek lot severs the connection between the homes and streets in Tract 2289 and Broad Street, and there was never any intention to retain this access when Tract 2289 and the Airport Business Center properties developed. The developer of Tract 2289 attempted to quitclaim the rights to these easements before the City acquired fee title to Lot 49, (see Attachment C), but that deed did not capture all the easement s that needed to be quitclaimed, so remnant portions remained. The title company has determined that the City became the dominant tenement of these remnant easements by default when the City obtained fee title of Lot 49. One of the Airport Business Center buildings (Building “A”, also known as Building “1”) is being constructed over these easements, so the developer has requested that the City quitclaim its rights to these easements. Attachment D shows these easements in relation to the Airport Business Center project. Resolution No. 5370 (1984 Series) authorizes the Mayor or Vice-Mayor to accept easement dedications on behalf of the City, but there is no corresponding blanket resolution that authorizes the Mayor or Vice-Mayor to quitclaim easements from the City to others. Packet Pg 139 9 Quitclaim Because these easements were never dedicated to the City as public easements, the vacation procedures outlined in the California Streets & Highways Code are not relevant. Instead, a Quitclaim Deed can be used to quitclaim any rights that the City may have to these easements. A draft quitclaim is included as Attachment E. A resolution authorizing the Mayor to sign this quitclaim is included as Attachment F. CONCURRENCES The Public Works Director and the Natural Resources Manager have reviewed the recommendation contained herein finding that the easements have no practical utility for future City purposes, and concur with the recommended action. ENVIRONMENTAL REVIEW Because this quitclaim does not need to follow the procedures of the California Streets & Highways Code, it is not considered a project under CEQA and no environmental review is required. FISCAL IMPACT There is no financial impact to the City associated with quitclaiming this easement. The cost to process the quitclaim has been paid by the applicant. ALTERNATIVES Continue the Quitclaim Item Pending Additional Information Required. Council may elect to continue this item to provide additional clarifications or information needed to render a decision. Should Council elect this alternative, direction should be provided to staff as to the additional information needed. Deny approval of the Quitclaim. Council may choose to deny approval of the Quitclaim. This alternative is not recommended because the easements are not needed and their existence is interfering with the applicant’s ability to develop and finance their project. Attachments: a - Airport Business Center project b - General location of easements c - Original Quitclaim Deed e - New Quitclaim Deed f - Draft Resolution Approving Revisions d - Specific location of easements Packet Pg 140 9 Packet Pg 1419 Packet Pg 1429 Packet Pg 143 9 Packet Pg 144 9 Mail Tax Statements To: SAME AS ABOVE ------------------------------------------------------------------------------------------------------------------------------------- RECORDING REQUESTED BY: First American Title MAIL TAX STATEMENT AND WHEN RECORDED MAIL DOCUMENT TO: City of San Luis Obispo 919 Palm Street San Luis Obispo Space Above This Line for Recorder’s Use Only QUITCLAIM DEED A.P.N.: Portion of 053-412-004 File No.: 4001-5049228 (LI) The Undersigned Grantor(s) Declare(s): CITY TRANSFER TAX $ DOCUMENTARY TRANSFER TAX $-0- SURVEY MONUMENT FEE $ [ X ] computed on the consideration or full value of property conveyed, OR [ ] computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale, [ ] unincorporated area; [ X ] City of San Luis Obispo, and SURVEY MONUMENT FEE $ FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The City of San Luis Obispo, a municipal corporation and charter city does hereby remise, release and forever quitclaim to Evitare, LLC, a California limited liability company the following described easements in the City of San Luis Obispo, County of San Luis Obispo, State of California: 20' ACCESS AND P.U.E. EASEMENT AS RESERVED AND SHOWN ON PARCEL MAP CO 80-0153, RECORDED MAY 24, 1985 IN BOOK 37, PAGE 44 OF PARCELS MAPS, OVER THE NORTHWESTERLY 20 FEET OF PARCEL A OF SAID PARCEL MAP; AND THAT CERTAIN EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITIES OVER THE NORTHWESTERLY 40 FEET OF PARCEL A OF SAID PARCEL MAP AS RESERVED IN GRANT DEED RECORDED MAY 31, 1985 AS INSTRUMENT NO. 29838, BOOK 2712, PAGE 438 OF OFFICIAL RECORDS Packet Pg 145 9 Page 2 of 3 Dated: ________________ The City of San Luis Obispo, a municipal corporation and charter city ___________________________________________ By: Heidi Harmon, Mayor (Authorization - Resolution No. ___________________) Packet Pg 146 9 Page 3 of 3 A.P.N.: Portion of 053-412-004 File No.: 4001-5049228 (LI) STATE OF ____________________ )SS COUNTY OF ____________________ ) On _________________________________, before me, _____________________________________, Notary Public, 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 __________________________________ This area for official notarial seal Packet Pg 147 9 R _____ RESOLUTION NO. (2017 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED FOR EASEMENTS ACROSS THE PROPERTY LOCATED AT 4450 BROAD STREET WHEREAS, as a result of the City acquiring fee title of Lot 49 in Tract 2289, the City became a dominant tenement of several private easements across the property located at 4450 Broad Street (the servient tenement); and WHREAS, the subdivider of Tract 2289 attempted to quitclaim the easements before the City took over fee title, but the quitclaim erroneously omitted several easements; and WHEREAS, the owner of the servient tenement has requested that the City abandon these remaining easements; and WHEREAS, the easements are interfering with the property owner’s ability to develop and finance a project on the servient tenement; and WHEREAS, the easements are not needed for any public purpose; and WHEREAS, abandoning these easements is not subject to the California Streets and Highways Code procedures because they are not public easements. 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 to quitclaim the City’s interests in the easements across the property located at 4450 Broad Street. SECTION 3. The Mayor and City staff are authorized to take action necessary to carry out the intent of this resolution. Upon motion of _______________________, seconded by ________________________, and on the following roll call vote: AYES: NOES: ABSENT: Packet Pg 148 9 Resolution No. (2017 Series) Page 2 R _____ The foregoing resolution was adopted this ______ day of _______________ 2017. ____________________________________ Mayor Heidi Harmon 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 149 9 Packet Pg 150 9 Packet Pg 151 9 Page intentionally left blank. Packet Pg 152 9