HomeMy WebLinkAbout11/14/1995, C-1 - ACCEPTANCE OF GIFT DEED FROM FELTON FERRINI MEEnNG DATE:
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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.
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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:.
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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
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SAN LUIS OBfSPO COUNTY
NII,Comm Egires APR 23.1998
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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.
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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
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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
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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
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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
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❑ " rTEM ❑ RECDIR
READ FILE 41995 IF]
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CITY CLERK
SAN LUIS OBISPO,CA
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