HomeMy WebLinkAboutR 5325 RESOLUTION NO. 5325
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AUTHORIZING THE EXECUTION OF A
QUITCLAIM DEED TO CALTRANS FOR PARCELS 12432-
1 AND 12433-1 AS SHOWN ON STATE HIGHWAY MAP
BOOK 6 AT PAGES 99-102 AND DECLARING PURSUANT
TO GOVERNMENT CODE SECTION 54221 THAT THE
REAL PROPERTY OWNED BY THE CITY IS EXEMPT
SURPLUS LAND
WHEREAS, on May 17, 1989, the City of Arroyo Grande and Caltrans entered into a
Freeway Agreement ("Agreement") pertaining to US 101 through Arroyo Grande, which
details the agreement between the City and Caltrans on right-of-way, maintenance, and
operation of their respective facilities; and
WHEREAS, the Agreement states; "State (Caltrans)agrees to acquire all necessary right
of way as may be required for construction, reconstruction, or alteration of City streets,
frontage roads, and other local roads, and City hereby authorizes State to acquire in its
behalf all such necessary right of way"; and
WHEREAS,the California Streets and Highway Code Section 83 reads; "Any public street
or highway or portion thereof which is within the boundaries of a state highway, including
a traversable highway adopted or designated as a state highway, shall constitute a part
of the right of way of such state highway without compensation being paid therefor, and
the department shall have jurisdiction there over and responsibility for the maintenance
thereof; and
WHEREAS, the city received a letter from Caltrans dated November 4, 2021 requesting
the City quitclaim to Caltrans two parcels for highway purposes: Parcels 12432-01 and
12433-1, as shown on the Right of Way map filed October 14, 2021 as file No.
2021069898, in State Highway Map Book 6, pages 99 through 102, inclusive; and
WHEREAS, these two parcels are located west of West Branch Street at the Camino
Mercado US 101 north bound ramps. Caltrans typically holds all right-of-way inside the
freeway ramps; and
WHEREAS,the City also received a letter from Caltrans dated August 3, 2022 of Caltrans'
"Intention to Relinquish Highway Right of Way". These two portions of right of way and
one drainage easement are shown as REL 11788 Segments 1, 2 and 3 respectively on
a map filed for recording on October 14, 2021, in State Highway Map Book 6 at pages
99-102, inclusive; and
RESOLUTION NO. 5325
PAGE 2
WHEREAS, the two portions of right of way are located on each side of US 101/Oak Park
Blvd Interchange and the drainage easement is over a City-owned drainage basin located
at the southeast corner of West Branch Street and Oak Park Blvd; and
WHEREAS, this resolution is not subject to the requirements of CEQA pursuant to
California Code of Regulations, Title 14, section 15060, subdivision (c)(3), because the
subject activity is not a project as defined by Public Resources Code section 21065 and
California Code of Regulations, Title 14, section 15378; and
WHEREAS, the Surplus Land Act exempts certain surplus land from its requirements,
including, pursuant to Government Code section 54221(f)(1)(D), "Surplus land that a local
agency is transferring to another local, state, or federal agency for the agency's use, or
to a federally recognized California Indian tribe"; and
WHEREAS, parcels 12432-1 and 12433-1 as shown on State Highway Map Book 6 at
pages 99-102, proposed to be quitclaimed to Caltrans, qualify as exempt surplus land.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande:
authorizes the signing of a quitclaim deed substantially similar to Exhibit A, subject to any
minor, technical, or non-substantive changes as approved by the City Manager and the
City Attorney and following the California Department of Housing and Community
Development's acceptance of City's compliance with the Surplus Land Act, incorporated
herein on Parcels 12432-01 and 12433-1, as shown on the Right of Way map filed
October 14, 2021 as file No. 2021069898, in State Highway Map Book 6, pages 99
through 102, inclusive to Caltrans; and the City Council hereby declares that (i) the
parcels described herein are surplus land and not necessary for the City's use; and (ii)
the parcels described herein qualify as "exempt surplus land" pursuant to Government
Code section 54221(f)(1)(D).
BE IT FURTHER RESOLVED, that the recitals are incorporated herein.
On motion of Council Member Barneich, seconded by Council Member Guthrie, and on
the following roll call vote, to wit:
AYES: Council Members Barneich, Guthrie, Secrest, George, and Mayor Ray Russom
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 12th day of September, 2023.
65501.00001\41074062.1
RESOLUTION NO. 5-34726-
PAGE
3PAGE 3
ti
CARE RAY 9 M, MAYOR
ATTEST:
44
.,
J SSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
BILL ROBESON, INTERIM CITY MANAGER
APPROVED AS TO FORM:
IS C RO , CITY ATTORNEY
65501 00001\41074062.1
EXHIBIT A
After Recording Return To:
Department of Transportation—R/W 50
Higuera Street
San Luis Obispo, CA 93401-5415 STATE
BUSINESS—FREE
This document presented for recording
pursuant to Govt.Code Section 27383.
Documentary Transfer Tax: No Tax Due
(Gov.Code 27383)
CALIFORNIA DEPARTMENT OF
TRANSPORTATION
BY:
Signature of Declarant
Space above this line for Recorder's Use
QUITCLAIM DEED District County Route Postmile Number
5 SLO 101 14.2 12432-1, 12433-1
The City of Arroyo Grande,
a body corporate and politic,
hereinafter called GRANTOR, hereby releases and quitclaims to the State of California,
Department of Transportation, hereinafter called STATE, all right, title and interest in and
to all that real property in the City of Arroyo Grande, County of San Luis Obispo, State of
California, described as follows:
Parcels 12432-1 and Parcel 12433-1, as shown on the Right of Way map filed
October 14, 2021 as File No. 2021069898, in State Highway Map Book 6, pages
99 through 102, inclusive.
This quitclaim deed is made for the purpose of a freeway and the undersigned hereby
releases and relinquishes to the STATE any and all abutter's rights of access,
appurtenant to the remaining property in which the undersigned has some right, title or
interest, in and to the freeway.
CC 2023-09-12 Attachment 1 - Exhibit A-Quitclaim Deed
01/2023
Number
12432-1, 12433-1
Dated: City of Arroyo Grande
[Name of Grantor]
[Title]
[Name of Grantor]
[Title]
This is to certify that the State of California, acting by and through the Department of
Transportation (according to Section 27281 of the Government Code), accepts for public
purposes the real property described in this deed and consents to its recordation.
Dated By
Director of Transportation
By
Attorney in Fact
CC 2023-09-12 Attachment 1 - Exhibit A- Quitclaim_Deed
01/2023
OFFICIAL CERTIFICATION
I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 5325 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 12th day of September, 2023.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14th day of
September, 2023.
JESSICA MATSON, CITY CLERK