HomeMy WebLinkAbout01/21/1997, C-2 - RIGHT OF WAY ACQUISITION FOR THE ORCUTT ROAD WIDENING PROJECT0
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FROM: Michael D. McCluskey, Director of Public Worksf/
Prepared By: Jerry Kenny, Supervising Civil Engineer
SUBJECT: Right of Way Acquisition for the Orcutt Road Widening roject
CAO RECOMMENDATION:
1) approve the agreement with Gloria Morgan to acquire right of way adjacent to 800 Orcutt
Road
2) authorize the Mayor to execute the agreement
DISCUSSION:
One of the approved capital improvement projects included in the 1995 -97 Financial Plan provides for
widening the north side of Orcutt Road between Broad Street and the Southern Pacific tracks by
acquiring right of way and constructing curb, gutter, sidewakc, and paving.
Staff has negotiated an agreement with the owner's agent of 800 Orcutt Road (NE comer at McMillan
Ave.) to acquire needed right of way (22 feet wide by 70 feet long) for the widening in accordance
with the adopted setback line map. Similar to a recent agreement with the adjacent easterly property
owner (Ahrens), instead of a cash payment for this right of way, the agreement requires the City to be
responsible for construction of curb, gutter, sidewalk, a driveway ramp, paving, a fireline and
relocation of an existing water service which serves the property. Staff has determined that the cost of
specified improvements is about equal to the land value.
Dedicating right of way where setback lines have been established such as Orcutt Rd., is typically a
development requirement. However, there are no apparent plans to develop the subject parcel in the
near finure, but there is a recognized public need for both pedestrian and vehicle circulation
improvements. This right of way will complete the acquisition of needed R/W to allow for
construction of a left -turn pocket at this corner to relieve current traffic congestion along the Orcutt
Road corridor in adition to the above -noted "sidewalk" project.
CONCURRENCES:
The City Attorney and Finance Director concur with the recommended action.
FISCAL IMPACT:
Appropriation in the 1995 -97 Financial Plan for R/W acquisition .......................$ 70,000.00
(See pages E -7 and E -22).
The estimated cost of improvements required by this agreement is ..................... $ 17,000.00
Prior allocation under the Ahrens agreement ............... ............................... 35.000.00
Total of allocations ............................................ ............................... 52,000.00
Balance in acquisition fund ................................... ............................... 18,000.00
d4 -
Council Agenda Report (Martella)
Meeting of January 7, 1997
Page Two
Since this agreement provides for actuall y installing improvements "in lieu of a cash payment", it
effectively is the "cost of acquisition". Therefore, these funds should be transferred into the
construction phase of the project: Staff will process a separate.fimd transfer action to provide for this.
ALTERNATIVES:
Optibn 1': Deny approval of the agreement if the Council is not satisfied with the tents of the
agreement.
Attachments:
- - 1) agreement (incl. Map)
2) setback line map (portion)
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RECORDING REQUESTED BY:
City Clerk
WHEN RECORDED MAIL TO:
City Clerk
990 Palm Street
San Luis Obispo, CA 93401
APN 053 - 202 -009
AGREEMENT
THIS AGREEMENT, executed this day of
1996, by and between (910e/G- MOt -alp
hereinafter called "GRANTOR ", and the CITY OF SAN LUIS OBISPO,
hereinafter called "CITY ", includes the following provisions in its
entirety:
1. GRANTOR shall grant a street widening easement (including
incidental purposes) to the CITY for Orcutt Road widening
purposes, being 1626 square feet (0.037 acres), more or less,
as shown on the attached Exhibit A.
CITY shall provide a deed for execution by GRANTOR, which
shall be transmitted as an attachment to this agreement.
However, the deed shall not be effective, nor recorded, until
approval of this agreement by the City Council.
2. CITY shall be responsible for the cost of installation of
standard curb, gutter and sidewalk, street base and paveout;
and shall provide all necessary engineering, utility reloca-
tions and any incidental drainage improvements, in conjunction
with the above - described work.
CITY shall also install a 4 -inch fire sprinkler lateral for
future use as part of the actual street widening, to the
satisfaction of the Fire Department.
3. GRANTOR agrees that full compensation for the easement is
received by acceptance of the terms of this agreement.
5. This agreement shall be binding upon, and shall inure to
the benefit of, the successors, heirs and assigns of the
parties hereto.
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ev-9
Orcutt Rd. Widening Agreement (Morgan)
Page Two
6. This agreement contains the entire agreement between the
parties relating to this property and may not be modified
except by an instrument in writing, signed by both parties.
I
APPROVED:
CITY OF SAN LUIS OBISPO:
ATTEST:
MAYOR Allen K. Settle
CITY CLERK
APPROVED AS TO FORM:
�7 A0Y ffrey Jorgensen
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EXHIBIT "A"
LEGAL DESCRIPTION
That portion of Lot 21 of the Orcutt Subdivision recorded June 22, 1894 in Book 1, Page 19
of Records of Surveys in the office of the San Luis Obispo County Recorder in the City and
County of San Luis Obispo, State of California, described as follows:
Beginning at a point on the centerline of McMillan Ave (formerly Orcutt Ave per
said map) and the prolongation of the Northerly right -of -way of a "County Road" per
said map (currently Orcutt Road); thence Dive East a distance of 25 feet to the
southwesterly comer of said lot 21, said point being the TRUE POINT OF
BEGINNING; thence Due East along the lot line of said lot 21 being the right -of -way
of Orcutt Road, (formerly "County Road) a distance of 70.00 feet; thence Due North
22 feet to a point, said point being 95 feet easterly of the centerline of McMillan Ave,
(formerly Orcutt Ave per said map), thence Due West 50.00 feet; thence on a tangent
curve with a radius of 20.00 feet concave to the northeast through a central angle of
90° and an arc distance of 31.42 feet to a point on the West lot line of said lot 21
being the right -of -way line of said Orcutt Ave per said map (now McMillan Ave),
thence Due South 42 feet along said right -of -way line to the TRUE POINT OF
BEGINNING.
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RECORDING REQUESTED BY AND
WBEN RECORDED MAIL TO:
Andre, Morris & Buttery
P. O. Box 730
San Luis Obispo, CA 93406
DURABLE GENERAL POWER OF ATTORNEY
AND NOMINATION OF CONSERVATOR
TO PERSON EXECUTING THIS DOCUMENT:
THIS IS AN IMPORTANT LEGAL DOCUMENT. rr CREATES A DURABLE POWER OF
ATTORNEY. BEFORE EXECUTING THIS DOCUMENT, YOU SHOULD KNOW THESE
IMPORTANT FACTS.
1. THIS DOCUMENT MAY PROVIDE THE PERSON YOU DESIGNATE AS YOUR
ATTORNEY -IN -FACT WITH BROAD POWERS TO DISPOSE, SELL, CONVEY, AND ENCUMBER
YOUR REAL AND PERSONAL PROPERTY.
2 THESE POWERS WILL EXIST FOR AN INDEFINITE PERIOD OF TIME UNLESS
YOU LIMIT THEIR DURATION IN THIS DOCUMENT. THESE POWERS WILL CONTINUE T'O
EXIST NOTWITHSTANDING YOUR SUBSEQUENT DISABILITY OR INCAPACITY.
3. YOU HAVE THE RIGHT TO REVOKE OR TERMINATE THIS DURABLE POWER
OF ATTORNEY AT ANY TIME.
TO WHOM IT MAY CONCERN:
DANIEL. R. MARTEIIA,, whose address is 1339 Breck Street, City of San Luis Obispo, County of
San Luis Obispo, State of California, hereby appoints the following individual as the principal's true and lawful
attorney -in -fact for the principal and in the principal's name, place, and stead:
AGENT: GLORIA MORGAN
ADDRESS: 1339 Breck Street
San Luis Obispo, CA 93401
L To manage, control, lease, sublease, and otherwise act concerning any real property which the
Principal may own, collect and receive rents or income therefrom; pay taxes, charges and assessments on the
A:EST\MARTEUA.GPA (7PE) PAGE 1
dot-7
same; repair, maintain, protect, preserve, alter, and improve the same; and do all things necessary or expedient
to be done in the agent's judgment in connection with the property.
2 To manage and control all partnership interests owned by the principal and to make all
decisions the principal could make as a general partner, limited partner, or both, and to execute all documents
required of the principal as such partner, all to the extent that the agent's designation for such purposes is
allowed by law and is not in contravention of any partnership or other agreement.
3. To purchase, sell, invest, reinvest and generally deal with all stocks, bonds, debentures,
warrants, partnership interests, rights, and securities owned by the principal.
4. To collect and deposit for the benefit of the principal all debts, interest, dividends, or other
assets that may be due or belong to the principal and to execute and deliver receipts and other discharges
therefor, to demand, arbitrate, and pursue litigation on the principal's behalf concerning all rights and benefits
to which the principal may be entitled; and to compromise, settle, and discharge all such matters as the agent
considers appropriate under the circumstances.
5. To pay any sums of money that may at any time be or become owing from the principal, to
sell, and to adjust and compromise any claims which may be made against the principal as the agent considers
appropriate under the circumstances.
6. To grant, sell, transfer, mortgage, deed in trust, pledge, and otherwise deal in all property, real
and personal, which the principal may own; including but not limited to any real property described on any
exhibit attached to this instrument including property acquired after execution of this instrument; to attach
exhibits to this instrument which provide legal descriptions of all such property, and to execute such
instruments as the agent deems proper in conjunction with all matters covered in this paragraph 6.
7. To prepare and file all income and other federal and state tax returns which the principal is
required to file; to sign the principal's name; hire preparers and advisors and pay for their services; and to do
whatever is necessary to protect the principal's assets from assessments for income taxes and other taxes for
the years 1989 to 2039. The agent is specifically authorized to receive confidential information; to receive
checks in payment of any refund of taxes, penalties, or interest; to execute waivers (including offers of waivers)
of restrictions on assessment or collection of tax deficiencies and waivers of notice of disallowance of claims
for credit or refund; to execute consents extending the statutory period for assessment or collection of taxes;
to execute closing agreements under Internal Revenue Code Section 7121, or any successor statute; and to
delegate authority or substitute another representative with respect to all above matters.
& To deposit in and draw on any checking, savings, agency, or other accounts that the principal
may have in any banks, savings and loan associations, and any accounts with securities brokers or other
commercial institutions, and to establish and terminate all such accounts.
9. To invest and reinvest the principal's funds in every kind of property, real, personal, or mated,
and every kind of investment, specifically including, but not limited to, corporate obligations of every kind,
preferred or common stocks, shares of investment trusts, investment companies, and mutual funds, and
mortgage participations that, under the circumstances then prevailing (specifically including but not limited
to the general economic conditions and the principal's anticipated needs), persons of skill, prudence, and
diligence acting in a similar capacity and famr7iar with those matters would use in the conduct of an enterprise
of a simr7ar character and with similar aims, to attain the principal's goals; and to consider individual
investments as part of an overall plan.
A:ESTWARTELLA.GPA t7PE)
PAGE 2
Cie
10. To have access to all safe deposit boxes in the principal's name or to which the principal is
an authorized signatory; to contract with financial institutions for the maintenance and continuation of safe
deposit boxes in the principal's name, to add to and remove the contents of all such safe deposit boxes; and
to terminate contracts for all such safe deposit boxes.
1L To make additions and transfer assets to any and all living. revocable trusts of which the
principal is a settlor.
12 To make direct payments to the provider for tuition and medical care for the principal's issue
under Internal Revenue Code Section 2503(e) or any successor statute, which excludes such payments from
gift tax liability.
13. To use any credit cards in the principal's name to make purchases and to sign charge slips
on behalf of the principal as may be required to use such credit cards; and to close the principal's charge
accounts and terminate the principal's credit cards under circumstances where the agent considers such acts
to be in the principal's best interest.
14. Generally to do, execute, and perform any other act, deed, matter, or thing, that in the
opinion of the agent ought to be done, executed, or performed in conjunction with this power of attorney, of
every kind and nature, as fully and effectively as the principal could do if personally present The enumeration
of specific items, acts, rights, or powers does not limit or restrict, and is not to be construed or interpreted
as limiting or restricting, the general powers granted to the agent except where powers are expressly restricted
The agent is authorized and directed to commence enforcement proceedings, at the principal's
expense, against any third parry who fails to honor this durable power of attorney.
15. Notwithstanding any other possible language to the contrary in this document, the agent is
specifically not granted the following powers:
(a) To use the principal's assets for the agent's own legal obligations, including but not
limited to support of the agent's dependents;
(b) To exercise any trustee powers under an irrevocable trust of which the agent is a
settlor and the principal is a trustee; and
(c) To exercise incidents of ownership over any life insurance policies that the principal
owns on the agent's life.
16. Any third party from whom the agent may request information, records, or other documents
regarding the principal's personal affairs may release and deliver all such information, records, or documents
to the agent. The principal hereby waives any privilege that may apply to release of such information, records,
or other documents.
17. The agent's signature under the authority granted in this power of attorney may be accepted
by any third patty or. organization with the same force and effect as if the principal were personally present
and acting on the principal's own behalf No person or organization who relies on the agent's authority under
this instrument shall incur any liability to the principal, the principal's estate, heirs, successors, or assigns,
bemuse of reliance on this instrument.
A:ESTXMTELU.GPA (7PE) PAGE 3
C -.Z - 9
1& The principal's estate, heirs, successors, and assigns shall be bound by the agent's acts under
this power of attorney.
19. This power of attorney shall not be affected by the principal's subsequent disability or
incapacity.
20. The principal hereby ratifies and confirms all that the agent shall do, or cause to be done by
virtue of this power of attorney.
21. The principal declares that the prmapal understands the importance of this durable power
of attorney, recognizes that the agent is granted broad power to hold, administer, and control the principal's
assets, and recognizes that this durable power of attorney will become effective immediately on execution and
will continue indefinitely until specifically revoked or terminated by death, even if the principal later becomes
incapacitated
22. If a conservatorship of the principal's estate is deemed necessary, the principal hereby
nominates the following individual as conservator of the principal's estate.
First Conservator.
GLORIA MORGAN
1339 Brock Street
San Luis Obispo, CA 93401
On the appointment of a conservator of the principal's estate, this power of attorney shall terminate
and the agent shall deliver the assets of the principal under the agent's control as directed by the conservator
of the principal's estate.
IN WPTNESS WHEREOF, the principal has signed this durable power of attorney on this 24 '
day of bECAD"VkZ , 1991, at San Luis Obispo, California.
A:ESTVMARTELLA.GPA t7PE)
PAGE 4
C 02 '/
CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC
JANPEtERS
STATE OF CALIFORNIA ) ~' No, MAC-Ownfrio
ss. am US aeevo oown
COUNTY OF SAN LUIS OBISPO )
My t�ommioan 8 03
nuoW a. »s
On this c4:�Z day of ,1991, before me, a notary public in and
for said County and State, residing herein, duly commissioned and sworn, personally appeared DANIEL. R.
MARTEL.L.A, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person
whose name is subscribed to the foregoing durable power of attorney, and acknowledged to me that such
person executed the same.
No Public
A.WWIRTELLA;GPA ME)
PAGE 5
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