HomeMy WebLinkAbout09/02/1997, C-10 - APPROVAL OF MERGER OF LOTS FOR THE LINDA VISTA ADDITION (MAINO OPEN SPACE) jcouncilWAI
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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
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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