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HomeMy WebLinkAbout09/02/1997, C-10 - APPROVAL OF MERGER OF LOTS FOR THE LINDA VISTA ADDITION (MAINO OPEN SPACE) jcouncilWAI acEnaa uEpoin C I T Y OF SAN LU IS O B I S P O FROM: Ken Hampian,Assistant City Administrative Officer Prepared By: Neil Havlik,Natural Resources Manager/0 SUBJECT: APPROVAL OF MERGER OF LOTS FOR THE LINDA VISTA ADDITION(MAINO OPEN SPACE) CAO RECOMMENDATION Approve the merger of lots in the antiquated subdivision referred to as the Linda Vista Addition, thus eliminating that subdivision on City property at the Charles A. and May R Maino Open Space, and authorize the City Administrative Officer to undertake all actions necessary to accomplish the merger. DISCUSSION As part of the negotiations with the Maino family for purchase of the family's 75 acre property on Cerro San Luis Obispo, there was much discussion of the old Linda Vista subdivision, approved in 1922 but never developed, which occupies a significant portion of the property. When it was approved, the subdivision created a total of 194 lots (not counting public lots) on the property. Discussion with the appraiser and with the Maino family included such matters as whether the lots were legal,whether they could be built as approved, whether the development rights inherent in the subdivisions could be transferred elsewhere and to whom such value would accrue, and finally, what value (if any) the subdivision added to the property. In the course of negotiations these matters were answered, and the City Council expressed the wish that the subdivision and its attendant development rights be retired once the City took title to the property. Since taking title to the property,staff has investigated the matter,and found that,under State law,a process called merger is the simplest method that can be utilized to eliminate the subdivision. Two merger documents will be required: one for those portions of the subdivision within the City, and one for those portions in the County. This action will effectively repeal the City Council action of May 8, 1922, which approved the subdivision. The property will then consist of five assessors' parcels,three in the City and two in the County. Following action by the Council, staff will carry out the actions necessary to effect the merger. FISCAL IMPACT None. Attachments Map of Linda Vista Addition Copy of Notice of Merger MAINO OWNERSHIP MAP 73-351-16 73-351-13 U.56 Acres 6.772 Acres ,. Ci 14 42 rt" T r° •t a `�.• O A�� 7 j Q i� 02-272-03 �` a 4.822 Acre4s o c o`' Q "" r. � �� 'o • V Z 0 0 .� �� y o r to .r L• �"�` � • w , ns''� :�• `' �\`\,w w� t 7 r 'LIV 1. J t � t' ry � /J• lop it IW a � o •• * . r � • j OIt" / ,♦' 51 fa ' � o _ 4k r1 Cr LC i • ...f.•e� 1 , J . C Z in x I w in 3TC19T / .� ,} , ♦ ! 1�I QCC 1 wr r.r • �F 1 ♦ U,W I: fn IV 02-491-02 = _ ,,;� .(,•, . // a Z 45.44 Acres _ � _ r � •. ,-. � it ; sEq'* ++ i`i• 'y alt. T .,..• WHEN RECORDED RETURN TO: City of San Luis Obispo Community Development Department 990 Palm Street San Luis Obispo, CA 93401-3249 NOTICE OF MERGER and CERTIFICATE OF SUBDIVISION COMPLIANCE NOTICE IS HERBY GIVEN, pursuant to Section 66499.20 % of the Government Code of the State of California, that the real properties described in the attached "Exhibit A" have been merged together into one parcel or unit of land, and that said real properties are not separate properties for the purpose of subdivision or development. NOTICE IS FURTHER GIVEN that said merger has been executed by the owner of record of the real properties, which in this instance is a local agency, the City of San Luis Obispo. THIS NOTICE IS GIVEN by the person whose name is subscribed on page 2 of this instrument as the duly authorized agent of the owner of record of the real properties described in the attached "Exhibit A . On this day of , 19_, 1 hereby certify that the merger for which this Notice is given has been executed with the approval of the City of San Luis Obispo, and that the parcel or unit of land resulting from the merger complies with the provisions of the California Subdivision Map Act and the City of San Luis Obispo ordinances enacted pursuant thereto. Project Address: 1000 Fernandez Road Assessors Parcel No.: 002-491-002 Property Owner: City of San Luis Obispo Mailing Address: 990 Palm Street San Luis Obispo, CA 93401 City of San Luis Obispo Community Development Director By Ronald Whisenand, Development Review Manager C-1D-3 Notice of Merger and Certificate of Subdivision Compliance Page 2 State of California } County of San Luis Obispo } On 19_, before me, Notary Public, personally appeared Ronald Whisenand, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. Notary Public Capacity of Signer: Political Agency I hereby represent that I am the duly authorized agent of the owner of record of the real properties described in the attached Exhibit "A" and that the City Council of the City of San Luis Obispo has approved and directed the merger for which 1 have given the notice herein. City Administrative Officer Date PROPERTY DESCRIPTION All that real property situated within the city limits of the City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: That portion of the north half of Section 34, Township 30 South, Range 12 East, Mount Diablo Meridian, partly in the City of San Luis Obispo, in the-County of San Luis Obispo, State of California, according to the official plat of the survey of said land on file in the Bureau of Land Management, described as follows: Beginning at the northeast comer of the northwest quarter of said Section 34; thence south 89 degrees 45 minutes west along the north line of said section, 396 feet; thence south 24 degrees 48 minutes east, 1839.42 feet; thence north 83 degrees 20 minutes east, 133.3 feet; thence north 40 degrees 28 minutes east, 280.5 feet; thence south 50 degrees 00 minutes east, 1140.0 feet to a point in the center line of Stenner Creek; thence northeasterly along the meandering center line of said creek to its intersection with the southwesterly line of "Brizzolara Addition to the City of San Luis Obispo" as per map recorded in Book A, page 45 of maps; thence north 71 degrees 30 minutes west along said southwesterly line of Brizzolara Addition, 538 feet, more or less, to the southwesterly comer of Lot 6 of said addition; thence northerly along the easterly line of said addition, 877.66 feet, more or less, to the north line of said Section, 1270 feet to the point of beginning. EXCEPTING THEREFROM all that portion thereof lying easterly of the Westerly line of the California State Highway No. 101, as said Freeway existed as of January 1, 1956. Notice of Merger and Certificate of Subdivision Compliance Page'3 Owner's Notarisation State of California } County of } On 19_,, before me, Personally appeared Notary Public, Personally own to me or ( ) proved to me on the.basis of satisfactory evidence to be the aper on(s) whose name is/are subscribed to the within instrument and acknowledged to me that Whe/they executed the same in his/her/their 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 acted, executed the instrument. Witness my hand and official seat. Notary Public Canacity Claimed by sianerls) ( ) individual(s) ( ) corporation ( ) partnership ( ) attomey-in-fact ( ) political agency State of California } County of } On 19 before me, personally appeared J . Notary Public, known to me or ( ) proved to me on the basis of satisfactory evidence to be the persons)rwhoseynam s) is/are subscribed to the within instrument and acknowledged to me that Whe/they executed the same in his/her/their 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. Witness my hand and official seal. Notary Public .a achy da-imed by sianer(sl• ( ) individuals) ( ) corporation ( ) partnership ( ) attomey-in-fact ( ) political agency WHEN RECORDED RETURN TO: City of San Luis Obispo Community Development Department 990 Palm Street - - - San Luis Obispo, CA 93401-3249 NOTICE OF MERGER and CERTIFICATE OF SUBDIVISION COMPLIANCE NOTICE IS HERBY GIVEN, pursuant to Section 66499.20 % of the Government Code of the State of California, that the real properties described in the attached "Exhibit A" have been merged together into one parcel or unit of land, and that said real properties are not separate properties for the purpose of subdivision or development. NOTICE IS FURTHER GIVEN that said merger has been executed by the owner of record of the real properties, which in this instance is a local agency, the City of San Luis Obispo. THIS NOTICE IS GIVEN by the person whose name is subscribed on page 2 of this instrument as the duly authorized agent of the owner of record of the real properties described in the attached "Exhibit A°. On this day of , 19 , I hereby certify that the merger for which this Notice is given has been executed with the approval of the City Council of the City of San Luis Obispo, and that the parcel or unit of land resulting from the merger complies with the provisions of the California Subdivision Map Act and the City of San Luis Obispo ordinances enacted pursuant thereto. Project Address: 1000 Fernandez Road Assessors Parcel No.: 073-351-016 Property Owner: City of San Luis Obispo Mailing Address: 990 Palm Street San Luis Obispo, CA 93401 County of San Luis Obispo Community Development Director By Notice of Merger and Certificate of Subdivision Compliance Page 2 State of California } County of San Luis Obispo } On 19_, before me, Notary Public, personally appeared , personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. Notary Public Capacity of Signer: Political Agency 1 hereby represent that I am the duly authorized agent of the owner of record of the real properties described in the attached Exhibit "A" and that the City Council of the City of San Luis Obispo has approved and directed the merger for which I have given the notice herein. City Administrative Officer Date PROPERTY DESCRIPTION That portion of real property situated outside the city limits of the City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: That portion of the north half of Section 34, Township 30 South, Range 12 East, Mount Diablo Meridian, partly in the City of San Luis Obispo, in the County of San Luis Obispo, State of California, according to the official plat of the survey of said land on file in the Bureau of Land Management, described as follows: Beginning at the northeast comer of the northwest quarter of said Section 34; thence south 89 degrees 45 feet west along the north line of said section, 396 feet; thence south 24 degrees 48 feet east, 1839.42 feet; thence north 83 degrees 20 feet east, 133.3 feet; thence north 40 degrees 28 feet east, 280.5 feet; thence south 50 degrees 00 feet east, 1140.0 feet to a point in the center line of Stenner Creek; thence northeasterly along the meandering center line of said creek to its intersection with the southwesterly line of"Brizzolara Addition to the City of San Luis Obispo" as per map recorded in Book A, page 45 of maps; thence north 71 degrees 30 feet west along said southwesterly line of Brizzolara Addition, 538 feet, more or less, to the southwesterly comer of Lot 6 of said addition; thence northerly along the easterly line of said addition, 877.66 feet, more or less, to the north line of said Section, 1270 feet to the point of beginning. EXCEPTING THEREFROM all that portion thereof lying easterly of the Westerly line of the California State Highway No. 101, as said Freeway existed as of January 1, 1956. Notice of Merger and Certificate of Subdivision Compliance Page 3 Ownets Notarization State of California } County of } On 119 before me, Notary Public, personally appeared , ( ) personally known to me or ( ) proved to me on the basis of satisfactory evidence to be the Person(s) whose name is/are subscribed to the within instrument and acknowledged to me that (s)he/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) an the instrument the person(s) or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. Notary Public Cmcity claimed by sioner(s)- ( ) individuals) ( ) corporation ( ) partnership ( ) attorney-in-fact ( ) political agency State of California } County of } On , 19_, before me, , Notary Public, personally appeared personally known to me or ( ) proved to me on the basis of satisfactory evidence to be the personls) whose name(s) is/are subscribed to the within instrument and acknowledged to me that (s)he/they executed the same in his/her/their 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. Witness my hand and official seal. Notary Public Capacity claimed by sioner(s)- ( ) individual(s) ( ) corporation ( ) partnership ( ) attomey-in-fact ( ) political agency