HomeMy WebLinkAbout11/20/2001, C6 - OLIVE/FIG & MORRO STREET ABANDONMENT - REQUEST FROM THE APPLICANT FOR A TIME EXTENSION TO COMPLETE council ° //
agenda nEpoin G
CITY OF SAN LUIS OBISPO
FROM: Michael D. McCluskey, Director of Publi Wo r I
Prepared By: Jerry Kenny, Supervising Civil Engineer
SUBJECT: OLIVE/FIG & MORRO STREET ABAND NT — REQUEST FROM
THE APPLICANT FOR A TIME EXTENSION TO COMPLETE THE
CONDITIONS OF THE ABANDONMENT RESOLUTION.
CAO RECOMMENDATION
Adopt a resolution approving a one-year time extension to complete Conditions D and E of
the Olive St.and Morro St.Abandonment per Resolution No.9132 (2000 Series).
DISCUSSION
Background
The Council adopted Resolution No. 9132 (2000 Series) on November 21, 2000, which provides
for the abandonment of portions of Olive St. and Morro St., adjacent to the Homestead Motel, near
the State Highway 101 on and off-ramps. [Attachment 2]
The resolution conditions certain easements for existing and future public utilities, drainage, sewer
and water mains and appurtenances and for a planned public pedestrianand bikeway between Olive
St. and Chorro St. (pursuant to the City's Circulation Element). However, there are two
uncompleted conditions yet to be met, as follows:
1. Condition D - requires the recordation of a lot line adjustment to provide legal frontage
on a public street for an otherwise landlocked parcel owned by the applicant or a merger of
the two parcels.
2. Condition E - requires payment of fair market value to the City for the excess City-
owned Olive St. property (right of way) and conveyance to the applicant, prior to the
abandonment becoming effective.
The City Clerk's office inadvertently recorded the final abandonment resolution in the office of the
County Recorder, prior to the above conditions being met. Therefore, if this extension is not
approved, another resolution would need to be recorded that rescinds the abandonment of the Olive
St. portion. The Monro Street abandonment would not be affected, because the applicant owns fee
title to that right of way.
An appraisal ,to determine the value of the excess right of way was solicited by staff (at the
applicant's cost) and has been received. The applicant believes the appraised value is too high and
has asked staff to reconsider the amount. One suggestion made by the applicant was City fiscal
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Council Agenda Report—Olive St.and Morro St.Abandonment Extension
Pa¢e 2
benefits, by virtue of not having to maintain and/or reconstruct this portion of Olive Street, should
be considered in the valuation..This may be true, but is not viewed by staff as justification for a
reduction in the cost and could establish a precedent.
On the other hand, since the abandonment resolution provides for reservation of an easement to
accommodate a future pedestrian path and bikeway between Olive St. and Chorro St. to be
constructed as a capital improvement project at a later date, staff suggested an option that would
have the applicant design and construct this planned connection, in exchange for the City-owned
abandoned right of way. The value to the City would be equal to or greater than if done under a
City contract and would accomplish City bicycle objectives much sooner.
The attached letter from Rob Strong [Attachment 4] requests the additional year in order to pursue
this very goal. Such a project will require negotiations between the City, CalTrans and the
applicant's representatives, since Stenner Creek and the applicant's existing apartment.building
constrict the required minimum 2.4m (— 8 ft.) pathway. Some amount of CalTrans right of way
would be necessary to complete the pathway. If that cannot be obtained from CalTrans for
whatever reason, the only other option would be for the applicant to pay the determined market
value.
CONCURRENCES
The City Attorney and Community Development.Director concur with the recommended action.
FISCAL EMPACT
None relating to the recommended action. Staff believes there would be fiscal benefits resulting
from the applicant's design and construction of the pathway.
ALTERNATIVES
Option 1: Denial of the requested one-year time extension.
This would require recordation of a new resolution that rescinds the abandonment of the Olive
Street portion of the previously approved abandonment resolution.
Attachments:
1) Draft resolution approving time extension
2) Resolution No. 9132 (2000 Series)
3) Vicinity Map
4) Rob Strong letter(dated October 11, 2001)
5) Draft resolution rescinding abandonment
I:\Council Agenda Reports\Olive&Morro St.Abandonment staff report—time extension
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RESOLUTION NO. (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A ONE-YEAR TIME EXTENSION TO COMPLETE CONDITIONS OF
RESOLUTION NO. 9132 (2000 SERIES) RELATING TO THE ABANDONMENT OF
PORTIONS OF OLIVE AND MORRO STREETS.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. In accordance with the public hearing duly held on November 21, 2000,
pursuant to Section 8300 et seq. of the California Streets and Highways Code,this Council finds
and determines that portions of Olive (formerly Fig) and Morro Streets [between Highway 101,
Chorro St., Stenner Creek and Olive St. (formerly Osos St.)], as described and shown on Exhibit
"A", attached hereto and incorporated herein,is not necessary for present or future public street
purposes.
SECTION 2. This Council has determined that the Olive St. right of way, within the proposed
abandonment area, is hereby deemed to be "excess property" and may be quit-claimed only to the
adjacent property owner upon receipt of payment of fair market value, to the satisfaction of the
City Administrative Officer.
SECTION 3. Section 3 F of Resolution No. 9132 (2000 Series) states that Items D and E
must be met within one year or that resolution will be null and void and, based on negotiations
currently underway between City staff and the adjacent property owner which may be more
beneficial to the City than simply selling the excess City-owned right of way.
SECTION 4. This Council hereby approves a one (1) year time extension to Section 3 F to
allow the property owner to complete Conditions D and E, as prescribed in the aforesaid
Resolution No. 9132 (2000 Series). All other provisions of the said resolution will remain.
On motion of , seconded by and on the
following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of , 2001.
MAYOR Allen K. Settle
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- ATTACHMENT 1
Resolution No. (2001 Series)
Page Two
ATTEST:
CITY CLERK Lee Price
APPROVED AS TO FORM:
C Y T EY Jeffrey G. Jorgensen
I:/Council Agenda Reports/Olive&Morro Abandonment—time extension resolution
me4J
ATTACHMENT 2
Doc NO: 2000'071906 Rpt No: 00093378
Official Records ;NF -1 0.00
Recording requested by San Luis Obispo Co. ;
and when recorded mail to: Julie L. Rodewa l d ;
Recorder ;
Dec 04, 2000 ;
City Clerk Time: 13:01 ;
990 Palm Street '
San Luis Obispo, CA 93401 41 ;TOTAL 0.00
RESOLUTION NO. 9132 (2000 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING
AND DETERMINING THAT PORTIONS OF OLIVE AND MORRO STREETS, ARE
UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES
AND ORDERING ABANDONMENT, SUBJECT TO RESERVATION OF SPECIFIC
EASEMENTS AND SUBJECT TO THE SALE OF EXCESS CITY RIGHT OF WAY.
NOW,THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. In accordance with the public hearing duly held on.November 21, 2000,
pursuant to Section 8300 et seq. of the California.Streets and Highways Code,this Council finds
and determines that portions of Olive(formerly Fig) and Morro Streets.[between Highway 101,
Chorro St., Stenner Creek and Olive St. (formerly Osos St.)], as described and shown on Exhibit
"A", attached hereto and incorporated herein, is not necessary for present or future public street
purposes.
SECTION 2. This Council has determined that the Olive St. right of way, within the
proposed abandonment area, ishereby deemed to be"excewproperty"and may be quit-claimed
only to the adjacent property owner upon receipt of payment of fair market value, to the
satisfaction of the City Administrative Officer.
SECTION 3. This Council hereby orders the abandonment of said right-of-way subject to:
A. Reservation of a blanket easement for public utilities, City sanitary sewer and water
mains and appurtenances, and storm drainage purposes over the entire Olive St.
abandonment area An alternate reduced easement area may be approved by the
Community Development Director and Public Works Director, if adequate provisions are
made to accommodate and/or relocate any such facilities,prior to recordation of this
resolution.
B. Reservation of ablanket easement for drainage purposes over the Morro St. abandonment
area.
C. Reservation of an easement for public pedestrian and bicycle purposes, over the
southeasterly 30 ft. of the Olive St abandonment area and extended over the adjacent
portion of Morro Street.
R 9132
Cd-S
ATTACHMENT 2
Resolution No. 9132 (2000 Series)
Page 2
D. Recordation of a Lot Line Adjustment or Lot Merger, to the satisfaction of the
Community Development Director.
E. The Applicant shall pay fair market value for the excess City-owned Olive St. right of
way,to the satisfaction of the City Administrative Officer,prior to recordation and
effectiveness of this resolution. Sale of the City-owned parcel is subject to the applicant
granting an offsite easement, within the adjacent southwesterly parcel, for public
pedestrian,bikeway and creek access purposes, to the satisfaction of the Public Works
Director.
F. Items 3 D and 3 E must be met within one(1)year of this date or this resolution will
expire and be null and void.
SECTION 3. Upon written notification to the City Clerk by the Director of Public Works that
the conditions prescribed in Section 3.D,E&F have been met, the City Clerk shall cause a
certified copy of this Resolution of Abandonment, duly attested under the seal of the City, to be
recorded in the Office of the San Luis Obispo County Recorder.
On motion of Vice Mayor Schwartz, seconded by Council Member Marx, and on the
following roll call vote:.
AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz, and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 2151 day of Novembei�2000.
Allen K Settle, Mayor
ATTE
4 ; + LeeP,rico ;City Clerk
APPROVED AST FORM:
G. rge en, ity Attorney
G' fio`r0
t� ATTACHMENT Z
Resolution No. 9132
Exhibit A
EXHIBIT A—Sheet 1 of 2 Page 1 of 2
LEGAL DESCRIPTION OF OLIVE STREET(FORMERLY FIG ST.)
.AND MORRO STREET ABANDONMENTS
Parcel 1
Those portions of Lots 3 and 4 of Block 73 as shown on the map of Harris and
Ward's Survey of the Town of San Luis Obispo, filed May 1, 1978 in Book A,
Page 168 in the office of the County Recorder, and of Morro Street and Olive St.
(formerly Fig Street) in the City of San Luis Obispo,County of San Luis Obispo,
State of California, according to the official map filed in the office of the County
Recorder of said County, particularly described as follows:
Beginning at the Northeasterly comer of said Lot 4 of Block 73,according to the
above said official map; thence along the Northwesterly line of said Lot 4, S.
54007'40"W., 60.00 feet;thence S.14°01'05"E, 80.81 feet; thence S. 10054'12"
W, 77.04 feet; thence S.41°29'30"W., 100.57 feet to a point on the
Northwesterly line of said Fig Street; thence along said Northwesterly line of Fig
Street,S. 54607'40"W.,46.87 feet to the most Southerly comer of said Block 73;
thence S.9°10'25"W., 70.65 feet to a point on the Westerly line of the above said
Morro Street; thence N.49°57125 E., 114.24 feet; thence N. 45°28'30"E., 82.15
feet; thence along a curve to the left with a radius of 163 feet; through an angle of
52036'50", for a distance of 149.68 feet to a point of compound curve; thence
along a curve to the left, with a radius of 103 feet;through an angle of 14°26'50",
for a distance of 25.97 feet; thence N. 21°43' W.,74.58 feet to the point of
beginning.
Parcel 2
Those portions of Morro St. and Olive St. (formerly Fig St.) rights of way lying
adjacent to Blocks 71 &73, as shown on the map of Harris and Ward's Survey of
the Town of San Luis Obispo, filed May 1, 1978 in Book A, Page 168 in the
office of the County Recorder of said County in the City of San Luis Obispo,
County of San Luis Obispo, State of California, according to the official map filed
in the office of the County Recorder of said County, lying northwesterly of State
Highway 101; excepting those portions of Olive Street described in Parcel 1,
herein.
Reserving from Parcels 1 and 2, those certain easements.shown on Exhibit.A, Sheet 1 of
2, and described in Section 3A.,B. &C.of the Resolution of Abandonment.
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f> • • ^ AYTACHMENT 2
ABANDONMENT Resolution No. 9132
• • Exhibit A
OLIVE ST. (Abandoned)
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• ,.t4A5 2 � 82.,5' Exhibit "A'
114.24' HIGHWAY 101 Right—of—Way SHEET 2 Of
IIn � Dllllllp��llll�lll aw of OLIVE & MORRO STREETQ
a San LUIS OBISPO ABANDONMENT
Public Works Department Resolution No. 9102 (2000 Series)
955 Morro Street, Son Luis Obispo, CA 93402
END OF DOCUMENT C�—�
—~ - Attachment 3`:'
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STRONG PLANNING SERVICES ROB STRONG, A.I.C.P.
October 11, 2001 G�
Mr.Tim Bocham, Deputy Public Works Director G`
Public Works Department
CITY OF SAN LUIS OBISPO , l;
990 Morro Street -
San Luis Obispo, CA 93401 I ;�
L! L� OCT 15 2002
Attn: Mr. Jerry Kenny, Project Engineer
RE: Olive Street(Fig)Abandon � �' r
'1 In �;
Abandonment t_�' .IC �il>tiKC
Request for Time Extension -
Dear Tim and Jerry:
Thank you for meeting with me today regarding the above project Apparently it will be one year
since the City Council passed its Resolution of Intent to abandon on November 21, 2000.
We are interested in pursuing the City's proposal that we design and construct an 8400t bikeway
along the eastern edge of the Homestead/Patel properties including an"exception"or
encroachment at the foot of the slope bank and right-of-way fence line west of Freeway 101.
I have initiated meetings with Steve Senet, Paul Martinez and other Caltrans staff to discuss this
exception, but it will take detailed engineering plans as well to complete this exception. We
would then pursue construction to offer the improvements and easements to the City in
exchange for vacation of former public street and related surplus property.
Caltrans suggested we would be more successful if the City is the applicant but we understand
that costs of survey, design engineering, construction and re-fencing, etc, would be Patel's,
assuming Caltrans and City approval of plans and permits.
In any event, it is obvious that we need a one-year time extension to complete this vacation and
exchange for improvements involving Caltrans and City approvals.
I w"ui be back fran ivuo-week vacation on November 1=and would appreciate your response or
Council consideration of this time extension,exchange concept and improvement proposals
before we employ further survey and design engineering.
Thank you for your assistance.
Sincerely
Rob Strong,AICP
a: Nipool Patel
14500 MORNINGSIDE DRIVE, ATASCADERO, CA 93422 • (805)438-3155 • FAX(805) 438-3158
Recording requested by
and when recorded return to:
City Clerk
City of San Luis Obispo
San Luis Obispo, CA 93401
RESOLUTION NO. (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
RESCINDING RESOLUTION NO. 9132 (2000 SERIES) RELATING TO THE
ABANDONMENT OF PORTIONS OF OLIVE AND MORRO STREETS.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:.
SECTION 1. Resolution No. 9132 (2000 Series) was adopted by the City Council on
November 21, 2000. This resolution incorporated certain conditions that are required to be met
prior to the resolution becoming effective and recordation of same in the office of the County
Recorder.
SECTION 2. The City Clerk inadvertently transmitted the above-referenced resolution to the
County Recorder for recording,prior to the conditions having been met, as Document No. 2000-
071906 on December 4, 2000.
SECTION 3. Since the conditions of the above-referenced resolution have not been
completed, the resolution has expired and,has no further force or effect and the subject portions
of streets effectively remain public right of way. The City Clerk is hereby ordered to cause this
resolution to be recorded for disclosure purposes.
On motion of seconded by and on the
following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of 2001.
MAYOR Allen K. Settle
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45
Resolution No. (2001 Series)
Page Two
ATTEST:
CITY CLERK Lee Price
APPROVED AS TO FORM:
,/r/!kT/07fY effrey G..Jorgensen
I:/Council Agenda Reports/Olive&Morro Abandonment-"rescind resolution