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CC 2013-07-09_08.k. Summary Vacation of Harden AlleyMEMORANDUM TO: CITY COUNCIL v- TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR -(ff FROM: SUBJECT: CONSIDERATION OF SUMMARY VACATION OF HARDEN ALLEY AND CONSIDERATION OF ACCEPTANCE OF QUITCLAIM DEEDS REGARDING HARDEN STREET DATE: JULY9, 2013 RECOMMENDATION: It is recommended the City Council: 1) Adopt the attached Resolution summarily vacating Harden Alley as an excess right-of-way; and 2) Authorize the Mayor to execute the Certificates of Acceptance accepting the Quitclaim Deeds from Alexander Carapeti and Kristiane S. Schmidt; NKT Development, LLC; and Sean Buczynski and Nicole Buczynski regarding Harden Street. IMPACT TO FINANCIAL AND PERSONNEL RESOURCES: There is no financial impact in vacating Harden Alley or accepting the Quitclaim Deeds for Harden Street. BACKGROUND: Harden Alley is a small strip of land located off East Branch Street between what is commonly referred to as the former JJ's Market property and the property that is currently entitled with a retail market. Harden Street is a short dead end street perpendicular to Harden Alley. Harden Alley has a unique history and its ownership is uncertain. Harden Alley has not been used as a public street for many years, if ever at all, and no public funds or resources have been used to maintain it for at least the past 20 years. Harden Street on the other hand, although created by the same map, has been improved by the City, used for public access and has been maintained by the City for many years. ANALYSIS OF ISSUES: Vacation of Harden Alley The current owner of both the former JJ's Market property and the entitled market property, NKT Development LLC, has requested that the City vacate its ownership interest in Harden Alley to allow use of this area for enhanced parking and circulation in the projects being developed on the respective properties. Item 8.k. - Page 1 CITY COUNCIL CONSIDERATION OF SUMMARY VACATION OF HARDEN ALLEY AND CONSIDERATION OF ACCEPTANCE REGARDING HARDEN STREET JULY 9, 2013 PAGE2 California Streets and Highways Code Section 8334 authorizes the City to summarily vacate an excess right-of-way of a street not required for street purposes. Because Harden Alley is not used for street purposes and will not be used for street purposes in the future, and because there are no public utilities located within this area, summary vacation is an appropriate method for the City to relinquish any interest it has in this right-of-way. Harden Street Harden Alley and Harden Street were initially created by a map that was recorded in 1901 . The previous owner of the former JJ's Market property and the owner of the entitled market property contested the City's ownership of Harden Alley. However, that issue became moot in light of the current proposed project and the City's vacation of the alley. Although City staff believes ownership of Harden Street is not an issue, in order to avoid any possible future claims of ownership, the City obtained quitclaim deeds from the abutting property owners transferring any interest that they may have in Harden Street to the City. ALTERNATIVES: The following alternatives are provided for the Council's consideration: -Adopt the Resolution vacating Harden Alley and accept the quitclaim deeds; -Do not adopt the Resolution vacating Harden Alley and accept the quitclaim deeds; or -Adopt the Resolution vacating Harden Alley and do not accept the quitclaim deeds; or -Provide other direction to staff. ADVANTAGES: Vacating Harden Alley will allow the owner to provide safer and better on site circulation, parking and public ingress and egress for the projects proposed on the respective adjacent properties. Accepting the quitclaim deeds will avoid any future claims regarding the City's ownership in Harden Street. DISADVANTAGES: No disadvantages have been identified. ENVIRONMENTAL REVIEW: Summary vacation of Harden Alley is categorically exempt from the requirements of the California Environmental Quality Action pursuant to Title 11 California Code of Regulations Section 15305. Item 8.k. - Page 2 CITY COUNCIL CONSIDERATION OF SUMMARY VACATION OF HARDEN ALLEY AND CONSIDERATION OF ACCEPTANCE REGARDING HARDEN STREET JULY9, 2013 PAGE3 PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Wednesday, July 3, 2013. The Agenda and report were posted on the City's website on Friday, July 5, 2013. No public comments were received. Attachments: 1. Quitclaim Deeds 2. Map of Harden Street and Harden Alley Item 8.k. - Page 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE SUMMARILY VACATING HARDEN ALLEY WHEREAS, Chapter 4 of the Public Streets, Highways and Services Easements Vacation Law, commencing with Streets and Highways Code Section 8330, provides for summary vacation of streets and public service easements; and WHEREAS, Harden Alley is located between East Branch Street and Harden Street, and is more particularly described in Exhibit "A" which is attached hereto and incorporated herein by this reference ("Harden Alley"); and WHEREAS, Section 8334 of the Street and Highways Code authorizes the City Council to summarily vacate excess right-of-way of a street or highway not required for street or highway purposes; and WHEREAS, Harden Alley is not needed for street purposes and there are no utilities or public improvements located within the street to be vacated; and WHEREAS, the vacation of excess right-of-way is categorically exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 11 California Code of Regulations Section 15305. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. The findings set forth above are true, correct and incorporated herein by this reference. 2. That Harden Alley is an excess right-of-way and is not required for street or highway purposes and there are no public utilities or facilities located within the street. 3. The public convenience and necessity do not require reservation of any portion of the street. 4.. That based on the findings set forth in this Resolution and the provisions of Section 8334 of the Streets and Highways Code, the City Council does hereby order that Harden Alley, as described in Exhibit "A" shall be and hereby is summarily vacated. 5. The City Clerk is authorized and directed to cause a certified copy of this Resolution to be recorded in the Office of the County Recorder of San Luis Obispo County. Item 8.k. - Page 4 RESOLUTION NO. PAGE2 On motion of Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this , seconded by Council Member day of I 2013. Item 8.k. - Page 5 RESOLUTION NO. PAGE3 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Item 8.k. - Page 6 EXHIBIT'~" Legal Description for Harden Alley Vacation 2/7/13 CF Located in the City of Arroyo Grande, County of San Luis Obispo, State of California, being more particularly described as follows: That 19 foot strip of land lying southeasterly of northeast prolongation of the southeast line of Harden Street as shown on the ''Map of Property of J.S. Harden, Esq." filed in Book 'B' of Maps at Page 9, in the office of the County Recorder of said County. Containing: 4,399 square feet, more or less. Legal Description prepared by or under the supervision of: c~:fii Pagel of l \\Th:lr..:rvh-~111l\JOBS\l I .1.IOS771lc&al DcsrriplirnL~ll lanl.:n All•·)' .Jocx Item 8.k. - Page 7 RECORDED REQUESTED BY AND WHEN RECORDED MAIL TO: City of Arroyo Grande Attn: City Clerk 300 East Branch Street Arroyo Grande, CA 93421 NO RECORDING FEE -PUBLIC AGENCY DOCUMENTARY TRANSFER TAX$ None -The value of the property in this conveyance, exclusive of liens and encumbrances is $100 or less, and there is no additional consideration received by the granter, R & T 11911 . . . . Computed on the consideration or value of property conveyed; OR ... Computed on the consideration or value less liens or encumbrances remaining at time of sale QUITCLAIM DEED nt or Agent Determining tax-Firm Name FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Kristiane S. Schmidt and Alexander Carapeti, formerly known as Alexander Barkhoodarian, (collectively "Grantors"), do hereby REMISE, RELEASE, AND FOREVER QUITCLAIM TO the City of Arroyo Grande, a municipal corporation, any and all interest they may have in the real property in the County of San Luis Obispo, State of California, described as follows: That certain 50 foot strip of land in the City of Arroyo Grande, designated as Harden Street on map recorded November 27, 1901, in Book B, Page 9 of Maps, in the office of the County Recorder, records of San Luis Obispo, State of California. Granters reserve to themselves any and all public rights for unobstructed passage over the above described parcel and all private abutter's rights and easements and all other rights incident to ownership of land adjacent to or fronting a street or highway under California law. State of California ) County of San Luis Obispo ) · vV On rn~a-. :t2. ' 2013 before me, 'DtboYOhkt-!. We.I~ .. ~,. Notary Public, personally appeared Alexander Carapeti ~d Kristiane S. Schmidt, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the s;:ime in their authorized capacity and that their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature !) ~ t/.JJ.. LJ~ (SEAL) ~("4,1,..Adf. Knstiane S. Schmidt-Ca.rA.fel--;,--- ATTACHMENT 1 Item 8.k. - Page 8 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the quitclaim deed dated ____ , 2013 from Alexander Carapeti and Kristiane S. Schmidt to the City of Arroyo Grande, a municipal corporation, is hereby accepted in accordance with Resolution No. 453, recorded the 26th day of August 1960, in Volume 1081, Official Records, Page 344, San Luis Obispo County, California, and the City consents to recordation thereof by its duly authorized Mayor. Dated:--------------- CITY OF ARROYO GRANDE By _______________ ~ TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK Item 8.k. - Page 9 RECORDED REQUESTED BY AND WHEN RECORDED MAIL TO: City of Arroyo Grande Attn: City Clerk 300 East Branch Street Arroyo Grande, CA 93421 NO RECORDING FEE -PUBLIC AGENCY DOCUMENTARY TRANSFER TAX $ None -The value of the property in this conveyance, exclusive of liens and encumbrances is $100 or less, and there is no additional consideration received by the grantor, R & T 11911 . . . . Computed on the consideration or value of property conveyed; OR ... Computed on the consideration or value less liens or encumbrances remaining at time of sale Signature of Declarant or Agent Determining tax-Firm Name QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, NKT Development, LLC a California limited liability company, does hereby REMISE, RELEASE, AND FOREVER QUITCLAIM TO the City of Arroyo Grande, a municipal corporation, any and all interest that it may have in the real property in the County of San Luis Obispo, State of California, described as follows: That certain 50 foot strip of land in the City of Arroyo Grande, designated as Harden Street on map recorded November 27, 1901, in Book B, Page 9 of Maps, in the office of the County Recorder, records of San Luis Obispo, State of California. State of California ) County of San Luis Obispo ) NKT Development, LLC on A£ri\ e:QLI , 2013 before me: I'] \cbe1e !llp11pllOS, Notary Public, personally appeared Nicholas J. Tompkins, who ~ proved to me on the basis of satisfactory evidence to be the person 8 whose name is subscribed to the within instrument and acknowledged ·~ ..... ------- to me that he executed the same in his authorized capacity and that Nichol~s J. ns _ his signatures on the instrument the person or the entity upon behalf 'lolY'f-¥-\f"\S"lrvst-d~fec{ 11 /11..lf uv7 of which the person acted, executed the instrument. Its: Managing Member I certify under PENAL TY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct. WITNESS m:a;_ nd official seal. 1 Signa::; , '\_,~ (SEAL) Item 8.k. - Page 10 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the quitclaim deed dated ----, 2013 from Nicholas J. Tompkins to the City of Arroyo Grande, a municipal corporation, is hereby accepted in accordance with Resolution No. 453, recorded the 26th day of August 1960, in Volume 1081, Official Records, Page 344, San Luis Obispo County, California, and the City consents to recordation thereof by its duly authorized Mayor. CITY OF ARROYO GRANDE TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK Item 8.k. - Page 11 RECORDED REQUESTED BY AND WHEN RECORDED MAIL TO: City of Arroyo Grande Attn: City Clerk 300 East Branch Street Arroyo Grande, CA 93421 NO RECORDING FEE -PUBLIC AGENCY DOCUMENTARY TRANSFER TAX$ None -The value of the property in this conveyance, exclusive of liens and encumbrances is $100 or less, and there is no additional consideration received by the granter, R & T 11911 • . . . Computed on the consideration or value of property conveyed; OR ... Computed on the consideration or value less liens or encumbrances remaining at time of sale Signature of Declarant or Agent Determining tax-Firm Name QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Sean Buczynski and Nicole Buczynski, do hereby REMISE, RELEASE, AND FOREVER QUITCLAIM TO the City of Arroyo Grande, a municipal corporation, any and all interest they may have in the real property in the County of San Luis Obispo, State of California, described as follows: That certain 50 foot strip of land in the City of Arroyo Grande, designated as Harden Street on map recorded November 27, 1901, in Book B, Page 9 of Maps, in the office of the County Recorder, records of San Luis Obispo, State of California. Granters reserve to themselves any and all public rights for unobstructed passage over the above described parcel and all private abutter's rights and easements and all other rights incident to ownership of land adjacent to or fronting a street or highway under California law. State of California ) County of San Luis Obispo ) On M:\ 8 , 2013 before me.CJ.w:tfi~.6c..v~ Notary Public, personally appeared Sean Buczynski and Nicole Buczynski, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in t eir authorized capacity and that their signatures on the instrument the persons or the entity upon behalf of which the persons ac d, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct. WITNESS my hand and official s~ s~n•tu(:,l;J4-tt=t-"C""~i;.:=:3;::;;;:===~===-(SEAL) )''''ft Ss.Otttcs Os no • CHRISTINA N. GAACIA f ii COMM. '2011903 "' W Nawy~ f4 SAN WS CIEPO ODlMY :i J. SU;;; ~~.eir:~.~,2Ql~f Item 8.k. - Page 12 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the quitclaim deed dated ____ , 2013 from Sean Buczynski and Nicole Buczynski to the City of Arroyo Grande, a municipal corporation, is hereby accepted in accordance with Resolution No. 453, recorded the 26th day of August 1960, in Volume 1081, Official Records, Page 344, San Luis Obispo County, California, and the City consents to recordation thereof by its duly authorized Mayor. Dated:--------------- CITY OF ARROYO GRANDE By _______________ ~ TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK Item 8.k. - Page 13 / r I .. ATTACHMENT 2 I I \ •• ·. -4; .. ,,: :111 ~•r ~ ·-.~ ~·~ ... ~ • ~ •• r i \j ~ ~ ~ ) cC ' ~ I ~ c ~ 'i I J G> ® © G> .. .. . . ..... ~ I u• ..... ,,., ~ ~ -~ -' ' ~ ~ 6) ® <9 ~ ® i -• 1 • i! _ .... "!':!! .. J-~_ . ....t!!::!-_j ___ ~!.J . ' •./ . .. ~~----.,,...._-------~---- -, ... Item 8.k. - Page 14