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HomeMy WebLinkAbout11/14/1995, C-1 - ACCEPTANCE OF GIFT DEED FROM FELTON FERRINI MEEnNG DATE: ����� �1111��I� i���► city of San lues OBISPO 5 nEM i COUNCIL AGENDA REPORT " FROM: Jeffrey G. Jorgensen, City Attorneyl�(D SUWECT: Acceptance of Gift Deed from Felton Ferrini CAO RECOMMENDATION: Adopt a resolution accepting a gift deed from Felton A. Ferrini of an approximately four acre open space parcel (Parcel 4 of Parcel Map SLO 94-072) , and authorize the City Administrative Officer and City Attorney to execute all documents necessary to record the deed prior to December 31, 1995. DISCUSSION: On October 26, 1995, Felton Ferrini generously tendered to the City a gift deed of an approximately four acre parcel adjacent to Highway 1, which was excluded from the original Ferrini Ranch Open Space Easement. This 4 acres, combined . with the 136 acres previously dedicated to the City in fee as .a part of the Rosemont Project, will complete the City's Open Space acquisition in this area. The deed is for open space purposes only, conveys specified water rights, and is contingent upon acceptance and recordation prior to December 31, 1995. (Attachment 1 is the proposed Resolution which contains a copy of the gift deed, and a vicinity map is included as Attachment 2. ) • ENVIRONMENTAL DETERMINATION: The conveyance of this parcel to the City for open space purposes is not a project for the purposes of the California Environmental Quality Act in that such a conveyance will not have an effect on the environment. • GENERAL PLAN CONFORMITY REPORT: On November 8, 1995, the Planning Commission held a hearing on the General Plan conformity of this conveyance, pursuant to Government Code § 65402, and determined that it is in conformance with the City's General Plan, Land Use Element and Open Space Element. • TITLE REPORT: Mr. Ferrini has submitted a Title Report, dated October 26, 1995, showing the property to be free and clear of all liens and encumbrances. The noted exceptions and exclusions to the Report are acceptable to the City. (An excerpt of the Report is included as Attachment 3. ) city of san tom. mi spo COUNCIL AGENDA REPORT • WATER RIGHTS: The deed conveys to the City the right to use groundwater . . . only on the property or within the CITY OF SAN LUIS OBISPO and through the City's distribution system . . . . " Depending on the productivity of any well (s) on the property, the potential exists to add additional groundwater resources to the City's water supply. The Utilities Department will be analyzing the potential future benefit to the City. • HAZARDOUS WASTE ASSESSMENT: Staff has examined the site for any indications of hazardous waste and found none. Given the nature of the site and its historic use, further hazardous waste assessment appears to be unwarranted. • RECOGNITION: At some point after recordation of the deed, it would be appropriate for the City to recognize Mr. Ferrini and his family for this generous gift. However, Mr. Ferrini has expressed a desire to keep any recognition 'low key." Therefore, staff intends to meet with Mr. Ferrini in the near future to determine his desires in this regard, and will bring back a further recommendation to the Council at a subsequent meeting. FISCAL IMPACT: There is no direct fiscal impact from this conveyance, other than minor recording costs, as it is a gift. There will be an incremental increase in costs for ongoing supervision and maintenance of the property. while this cost is not known at this time, it is not expected to be significant. JGJ/sw Attachments: 1. Resolution 2. vicinity Map 3. Title Report RESOLUTION NO. (1995 Series) A RESOLUTION OF ACCEPTANCE OF A GIFT DEED FROM FELTON A. FERRINI FOR AN APPROXIMATELY FOUR ACRE OPEN SPACE PARCEL (PARCEL 4 OF MAP SLO 94-072) AND AUTHORIZATION TO EXECUTE NECESSARY DOCUMENTS WHEREAS, on October 26, 1995, Felton Ferrini tendered to the City of San Luis Obispo a gift deed (Exhibit A attached hereto) of an approximately four acre parcel adjacent to Highway 1 (Parcel 4 of Parcel Map SLO 94-072) , which was excluded from the original Ferrini Ranch Open Space Easement; and WHEREAS, the four acres, combined with the 136 acres previously dedicated to the City in fee as a part of the Rosemont Project, will complete the City's Open Space acquisition in this area; and WHEREAS, the conveyance of this parcel to the City for open space purposes is not a project for the purposes of the California Environmental Quality Act because it will not have an effect on the environment; and WHEREAS, the San Luis Obispo Planning Commission has determined that this conveyance is in conformance with the City's General Plan, Land Use Element and Open Space Element, pursuant to Government Code § 65402. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis Obispo does hereby accept Mr. Ferrini's generous gift deed as set forth in the attached "Exhibit A, " and hereby authorizes the City Administrative Officer and the City Attorney to execute all necessary documents to affect recordation prior to December 31, 1995. Upon motion of seconded by and on the following roll call vote: Ayes: Noes: Absent: the foregoing Resolution was adopted this day of November, 1995. Mayor Allen Settle A.tta.chmuit 1 1=l /r-/3 Resolution No. (1995 Series) Page Two ATTEST: City. Clerk: --- APPROVED AS TO FORM:. *Ain — - r-z �-�-y RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93401 GIFT DEED It is the intention of Grantor, FELTON A. FERRINI, that said property hereinafter mentioned forever remain in its natural state, and forever be open space; and that no buildings, structures or signs of any kind be erected thereon, that any groundwater produced from any well(s) on the property be used only on the property or within the CITY OF SAN LUIS OBISPO and through the City's distribution system, and that no non-structural improvements (e.g., public parking or trails) be installed, constructed, placed or permitted thereon, except for those presently erected thereon or required by Parcel Map SLO 94-072 (as described below) and except for those non-structural improvements required for the municipal use of said property for open space not in conflict with these conditions. FELTON A. FERRINI, an unmarried man (hereinafter "Grantor") hereby, for and as a gift, release, convey and quitclaim, to the Cr1Y OF SAN LUIS OBISPO, (hereinafter "Grantee") that certain real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, more particularly described as Parcel 4 of Parcel Map SLO 94-072 recorded September 21, 1995 in Book 51, Page 74 of Maps of said County, to its successors or assigns, upon the condition that the above described property forever remain in its natural state, and forever be and remain open space, and that no buildings or structures of any kind be erected thereon, that any groundwater produced from any well(s) on the property be used only on the property or within the CITY OF SAN LUIS OBISPO and through the City's distribution system, and that no non-structural improvements (e.g., public parking or trails) be installed, constructed, placed or permitted on the property, except as provided for herein. EXHIBIT A-1 /J_/_ It being expressly understood and agreed by and between the Grantor and Grantee, that in case Grantee ceases to use the above described property, as in the manner and for the prescribed uses and purposes, and with the limitations and upon the conditions hereinabove set forth, that then and in that case the property hereinbefore conveyed shall revert to and become the property of Grantors, their heirs, executors, administrators or assigns. Unless the CITY OF SAN LUIS OBISPO accepts and records this deed on or before December 31, 1995, this gift deed is revoked and conveys no rights whatsoever to the CITY OF SAN LUIS OBISPO. IN WITNESS WHEREOF, this Gift Deed has been executed. Dated: October 25, 1995 +ELTON A. F RRI A - 2 - STATE OF CALIFORNIA ) ss COUNTY OF SAN LUIS OBISPO ) On October 25, 1995, before me, a Notary Public for the State of California, personally appeared FELTON A FERRIM personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument he, or the entity upon behalf of which he acted, executed the instrument. WITNESS my hand and official seal. PATRICIA L CORDONNotary Public COW&#1018325 Z Z •"o Nototy Public—COBtorNa SAN LUIS OBfSPO COUNTY NII,Comm Egires APR 23.1998 A-.3 POR NW 1%4 SEC 21 NO= sevum W.O. 0 S' -■ w1 . aw 9- m s qa ..... ' co e m $ o :0M .. ca m x d VJ � r. �y[M '� b N aLm 0 r-3 z ,w � I f r 9 Com] t � �' == cn tAj r a + o i Y •■ ww a a �yt C] I2 W to 1a o as ac • sorses r �= y s w yCD �� ■ N co \\ _ --- ------ .. zz ri rrww b$ e • G�~� Y, OS\ va ba � $ R oq 41 N NMI 3 e� `4 $49 w �T� $1 gm �y1c.! D V Z (A Rs F+yIVF+VJ ♦ w }r�C `I w$ it �y @ ��oC •� V i Otj zero Q ;a1 ox�'zz :q� all g ca tFo ex x$ Mq ra 9 e6 'z r ..,__,___... a SCHEDULE A Order NO: 203725 DS Your Ref: FERRINI L The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: FELTON A. FERRINI, an +unmarried man 3. The land referred to in this report is situated in the Stare of California,County of San Luis Obispo and is described as follows: Parcels 1 and 4 as shown on Parcel Map SLO 94-072, in the City of San Luis Obispo, County of San Luis Obispo, State of California recorded on September 21, 1995 in Book 51, Page 74 of Parcel Maps, in the Office of the County Recorder of said County. aaaU"/a/Mbk Attachment 3 3-1 �_�_ SCHEDULE B Page 1 Order No: 203725 DS Your Ref: FBRRINI At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: V 1. Any taxes, current or delinquent, tax sales, street assessments, bonds, special assessments, assessment districts, tax deeds, Treasurer's deeds, and certificates of sale, which may exist as liens, charges or encumbrances against said land. No examination of the records pertaining to said matters having been made. C 2. An easement for the purpose shown below and rights incidental thereto as set forth in a document (No representation is made as to the present ownership of said easement) . Granted to: Pacific Telephone & Telegraph Company Recorded: December 27, 1910 in Book 87, Page 288 of Deeds Purpose: an anchor with the necessary wires and fixtures thereon Affects: Property herein described D 3. An easement for the purpose shown below and rights incidental thereto as set forth in a document (No representation is made as to the present ownership of said easement) . Granted to: Pacific Telephone & Telegraph Company Recorded: December 27, 1910 in Book 87, Page 289 of Deeds Purpose: anchor, with the necessary wires and fixtures thereon Affects: Property herein described E 4. An easement for the purpose shown below and rights incidental thereto as set forth in a document (No representation is made as to the present ownership of said easement) . Granted to: Santa Maria Gas Company, a corporation Recorded: September 11, 1939 in Book 263, Page 411 of Official Records Purpose: a pipeline for the transmissin of gas only, for heat, light, power and other purposes Affects: Property herein described F S. Restrictions on the use, by the owners and Santa Maria Gas Company of said land, of the easement area as set out in the easement document Recorded: September 11, 1939 in Book 263, Page 411 of Official Records vaFLwe-e/7/,4M 3-2 Page 2 SCHEDULE B (continued) Order No: 203725 DS Your Ref: FERRm G 6. An easement for the purpose shown below and rights incidental thereto as set forth in a document (No representation is made as to the present ownership of said easement) . Granted to: Pacific Gas & Electric Company, a California corporation Recorded: January 21, 1944 in Book 358, Page 105 of Official Records Purpose: a single line of poles, wires and fixtures therewith Affects: Parcel 2 M 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document (No representation is made as to the present ownership of said easement) . Granted to: City of San Luis Obispo, a municipal corporation of the State of California Recorded: July 5, 1984 in Book 2611, Page 392 of Official Records Purpose: open space Affects: a portion of said land N Covenants, conditions and restrictions (deleting therefrom any restrictions based on race, color or creed) as set forth in the document referred to in the numbered item last above shown. 0 Reference is made to said document for full particulars. P 8. An easement for the purpose shown below and rights incidental thereto as set forth in a document (No representation is made as to the present ownership of said easement) . Granted to: City of San Luis Obispo, a chartered municipal corporation Recorded: February 25, 1985 in Book 2679, Page 940 of Official Records Purpose: a waterline pumping station with the right to maintain, reconstruct, repair, remove, replace, enlarge and/or add to said pumping station, and all appurtenances thereto; for access to the waterline pumping station with the right to maintain, reconstruct, repair, remove, replace and increase the size of said access; and an easement for a waterline with the right to maintain, reconstruct, repair, remove, replace, increase the number and/or size of said waterline, and all appurtenances thereto Affects: Portion of Parcel 4 herein described /'jq2* 3-3 SCHEDULE B Page 3 (continued) Order No: 203725 DS Your Ref: FERRINI Q 9. An easement for the purpose shown below and rights incidental thereto as set forth in a document (No representation is made as to the present ownership of said easement) . Granted to: City of San Luis Obispo, a chartered municipal corporation Recorded: January 29, 1986 in Book 2796, Page 3 of Official Records Purpose: a waterline, water storage tank and access thereto Affects: a portion of said land W 10. A covenant and agreement Executed by: Felton A. Ferrini and Matthew F. Ferrini and Elizabeth Ferrini katsaris Ira favor of City of San Luis Obispo Recorded: September 21, 1995 under Recorder's Series Number 1995-042540 Which among other things provides: Grant of easement and agreement for common driveway X Said matter affects: Parcel 1 herein described and other property Y Among other things, said document provides: (a) The owner(s) of Lots 1, 2, 3, their heirs and assigns will be jointly responsible to improve, maintain and keep in repair, said driveway. (b) Prohibit all parking on the common access portions 1 Reference is made to said document for full particulars. AA END OF SCHEDULE B A8 caw PRUWsce/zi/Wt* 3-4 MEETING AGENDA�� Nov. 14 , 1995 DATE ITEM # Memo to Council Colleagues From: Dodie Williams Councilmember Kathy Smith and I wish to agendize our subcommittee report on the City Clerk position for the meeting of December 5, or the following meeting. COUNCIL ❑ CDD DI R CO FIN DIR � � ❑ FIRE CH IE F '%WE ❑ PW DIR RECEIVED eCLERKD ❑ POUCE CHF ❑ " rTEM ❑ RECDIR READ FILE 41995 IF] u Rr PERS DIR CITY CLERK SAN LUIS OBISPO,CA 0