CC 2016-04-12_09h Offer of Dedication_121 Nevada StreetMEMORANDUM
TO: CITY COUNCIL
FROM: TERESA MCCLISH, DIRECTOR OF COMMUNITY DEVELOPMENT
BY: CARMEN LEYVA, ASSOCIATE ENGINEER
SUBJECT: CONSIDERATION OF ACCEPTANCE OF AN IRREVOCABLE AND
PERPETUAL OFFER TO DEDICATE A PUBLIC ROAD EASEMENT
121 NEVADA STREET
DATE: April 12, 2016
RECOMMENDATION:
It is recommended the City Council adopt a Resolution accepting an irrevocable and
perpetual offer to dedicate a public roadway easement for the future realignment of
Nevada Street and Bridge Street.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There are no financial or personnel resource impacts at this time.
BACKGROUND:
On July 1, 2014, the Planning Commission adopted Resolution No. 14-2211 approving
Conditional Use Permit No. 14-006 for an expansion of an existing commercial
structure located at 121 Nevada Street. As a condition of approval, the applicant was
required to dedicate a section of Nevada Street as a public right-of-way for road
purposes to allow for the future realignment of Nevada Street with Bridge Street.
The future realignment will improve traffic circulation and intersection geometrics.
ANALYSIS OF ISSUES:
The Bridge Street Corridor Study report, dated March 2014, recommends that Bridge
Street and Nevada Street be realigned to form a standard intersection with four
opposing approaches. Realigning Bridge Street with Nevada Street would provide the
ability to signalize the intersection, which would improve intersection operations.
While no immediate plans exist to complete these intersection improvements, obtaining
the necessary roadway easements when available will increase the probability of these
future improvements at a lower cost. See Figure 1.
Item 9.h. - Page 1
CITY COUNCIL
CONSIDERATION OF RIGHT-OF-WAY DEDICATION
APRIL 12, 2016
PAGE 2
Figure 1.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
• Adopt a Resolution accepting an irrevocable and perpetual offer to dedicate a
public roadway easement; or
• Provide direction to staff.
ADVANTAGES:
If in the future the City pursues the realignment of Nevada Street, the right-of-way
section required for the expansion would be secured with this acceptance of the offer of
dedication.
DISADVANTAGES:
If dedication is not accepted the realignment, if pursued by the City in the future, would
not be possible.
ENVIRONMENTAL REVIEW:
Environmental review is not required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, April 7, 2016. The Agenda
and staff report were posted on the City’s website on Friday, April 8, 2016. No
comments have been received regarding the project.
Item 9.h. - Page 2
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ACCEPTING AN IRREVOCABLE
AND PERPETUAL OFFER TO DEDICATE A PUBLIC
ROAD EASMENT; LOCATED AT 121 NEVADA STREET;
OFFERED BY JONI ANDERSON
WHEREAS, on July 1, 2014 the Planning Commission of the City of Arroyo Grande
adopted Resolution No. 14-2211, approving Conditional Use Permit 14-006; and
WHEREAS, conditions of approval for the project required the property owner to offer to
dedicate a public road easement to allow for the future realignment of Nevada Street;
and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby accepts the road easement in Exhibit B and shown schematically in
Exhibit B-1 of the Irrevocable and Perpetual Offer of Dedication attached hereto as
Exhibit A, and which is incorporated herein by this reference.
On motion of Council Member , seconded by Council Member
, and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of 2016.
Item 9.h. - Page 3
RESOLUTION NO.
PAGE 2
JIM HILL, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
DIANNE THOMPSON, CITY MANAGER
APPROVED AS TO FORM:
HEATHER WHITHAM, CITY ATTORNEY
Item 9.h. - Page 4
__ J
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
CITY OF ARROYO GRANDE
CITY CLERK
300 EAST BRANCH STREET
ARROYO GRANDE, CA 93420
Fee Exempt per GC Sections 6103 and 27383
IRREVOCABLE AND PERPETUAL
EXHIBIT A
R TO DEDICATE
THIS OFFER TO DEDICATE, made this ;s-fh day of V<lit e_. 20 1$;
by Craig and Joanne Anderson Family Trust of the City of Arroyo Grande, County of San
Luis Obispo, State of California, hereinafter termed Offerer ..... · .~
WHEREAS, said Offerer desires to make an irrevocable and perpetual offer to dedicate a
public road easement, which offer may be accepted at any time by any governmental entity
th~t has the power to establish, construct, and maintain roads.
NOW, THEREFORE, for a valuable consideration, the receipt.and sufficiency of which is
hereby acknowledged, said Offerer covenants and promises as follows:
1. That said Offerer is the owner of the real property described in Exhibit A and shown
schematically in Exhibit A-1.
2. That said Offerer does hereby irrevocably and in perpetuity offer to such
governmental entity a dedication of a public right of way for road purposes and
incidental uses upon the property described in Exhibit 8 and shown schematically in
Exhibit 8-1.
3. That until such time as the above offer of dedication is accepted by such a
government entity, all owners of property continuous to the above described road
parcel shall have the right to the use of said road parcel as private property.
4. That said Offerer agrees that said offer of dedication shall be irrevocable and that
such a government entity may, at any time in the future, accept said offer of
dedication of the public right-of-way.
5. That said Offerer agrees that this irrevocable and perpetual Offer to Dedicate is and
shall be binding on his heirs, legatees, successors and assignees.
Item 9.h. - Page 5
,.
IN WITNESS WHEREOF, this Offer is hereby executed by the said Offerer on the day and
year first above written.
Offeror
------------Offerer
This is to certify that the interest in real property conveyed by the IRREVOCABLE AND
PERPETUAL OFFER TO DEDICATE, dated March 27, 2015 from Craig and Joanne
Anderson Family Trust to the CITY OF ARROYO GRANDE, a municipal corporation of
the State of California, is hereby accepted by Resolution of the City Council of the City of
Arroyo Grande on , and the City of Arroyo
Grande consents to recordation thereof by its duly authorized officer.
JIM HILL , MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
Page2
Item 9.h. - Page 6
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Luis Obispo )
On July 01, 2015 before me, Kim Conroy-Notary Public
(insert name and title of the officer)
personally appeared _c_ra_ig_A_n_d_e_rs_o_n ____________________ _
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized 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.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature 4"S · ~ t)lQ L A c::=:-r (Seal)
Item 9.h. - Page 7
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Luis Obispo
On July 01, 2015 before me, Kim Conroy-Notary Public
(insert name and title of the officer)
personally appeared Joanne Anderson
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized 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.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
Item 9.h. - Page 8
EXHIBIT "A"
LEGAL DESCRIPTION
PARCELi
LOT 8 OF THE "BUENA VISTA TRACT MAP" RECORDED OCTOBER 2nd 1885 IN BOOK A,
PAGE 58 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER, CITY OF ARROYO
GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA TOGETHER WITH A
PORTION OF LOT 85 OF THE MAP "PARTS OF RANCHOS CORRAL DE PIEDRA-PISMO &
BOLSADE CHAMISAL" RECORDED SEPTEMBER 1875 IN MAP BOOKA, PAGE 65 OF MAPS
IN THE OFFICE OF THE COUNTY RECORDER, CITY OF ARROYO GRANDE, COUNTY OF
SAN LUIS OBISPO, STATE OF CALIFORNIA. MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THE TRUE POINT OF BEGINNING BEING THE SOUTHWEST CORNER OF SAID LOT 8
BUENA VISTA TRACT; THENCE SOUTH 57° 23' OO"WEST,ALONGTHENORTHERLYRIGHT
OF WAY LINE OF HART LANE, A DISTANCE OF 80.00 FEET; THENCE NORTH 32° 31' 00"
WEST, A DISTANCE OF 133.77 FEET; THENCE NORTH 61° 16' 00" EAST, A DISTANCE OF
79.65 FEET TO THE MOST WESTERLY TERMINUS OF THE RIGHT OF WAY OF LE POINTE
STREET AND A POINT ON THE NORTHWESTERLY PROLONGATION OF THE
SOUTHWESTERLY LINE OF SAID LOT 8 BUENA VISTA TRACT; THENCE ALONG SAID
PROLONGATION OF SAID LOT 8 SOUTH 32° 45' 00" EAST, A DISTANCE OF 128.38 FEET
RETURNING TO THE SOUTHWEST CORNER OF SAID LOT 8 BUENA VISTA TRACT AND
THE TRUE POINT OF BEGINNING. SAID MERGED LOT(S) CONTAINING A TOTAL AREA OF
0.32 ACRES, MORE OR LESS AND AS SHOWN ON EXHIBIT "A-1 ".
Item 9.h. - Page 9
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EXHIBIT "A-1"
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N ___ T ___ 79.65
~ N61-;l6~·[---t--___ _ ---.---
lio 1
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POR LOT 85 A MB 65
2492 O.R. 520
~ -~tj 00B' ! 10"E
: LOT 8 : I I A MB SB lo '
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80.00' J
S61" 00' 1 O"W
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HART LANE 32.70 I
I
17' I 17'
I
LE POINTE ST. ----------
(HIGH ST.)
SCALE: 1 "=30'
LOT 8 OF THE BUENA VISTA TRACT PER
MAP BOOK A, PAGE 58 AND A PORTION
OF LOT 85 OF THE RANCHO DE CORRAL
DE-PIERDA-PISMO AND BOLSA DE
CHAMISAL PER MAP BOOK A PAGE 65 IN
THE CITY OF ARROYO GRANDE,
COUNTY OF SAN LUIS OBIPSO, STATE OF
CALIFORNIA
Cl1HL DESIGN
SOLUTIONS
OCTOBER 2014 PO BOX 207 ARROYO GRANDE, CA 93421
Item 9.h. - Page 10
EXHIBIT "B"
LEGAL DESCRIPTION
OFFER OF DEDICATION
AN OFFER OF DEDICATION OF A PORION OF LOT 8 OF THE "BUENA VISTA TRACT MAP"
RECORDED OCTOBER 2nd 1885 IN BOOK A, PAGE 58 OF MAPS IN THE OFFICE OF THE
COUNTY RECORDER, CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE
OF CALIFORNIA. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE TRUE POINT OF BEGINNING BEING THE SOUTHEAST CORNER OF SAID LOT 8
BUENA VISTA TRACT; THENCE SOUTH 61° 00' 10" WEST, ALONG THE NORTHERLY RIGHT
OF WAY LINE OF HART LANE, A DISTANCE OF 12. 72 FEET; THENCE DEPARTING SAID
RIGHT OF WAY NORTH 18° 54' 27" WEST, A DISTANCE OF 30.84 FEET; THENCE NORTH 28°
27' 22" WEST, A DISTANCE OF 70.99 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY
OF LE POINTE STREET AND THE WESTERLY RIGHT OF WAY OF NEVADA STREET;
THENCE DEPARTING ALONG THE SAID WESTERLY RIGHT OF WAY OF NEVADA STREET
SOUTH 32° 45' 00" EAST, A DISTANCE OF 101.60 FEET RETURNING TO THE SOUTHEAST
CORNER OF SAID LOT 8 BUENA VISTA TRACT AND THE TRUE POINT OF BEGINNING.
SAID LOT CONTAINING A TOTAL AREA OF 0.01 ACRES, MORE OR LESS AND AS SHOWN
ON EXHIBIT "B-1 ".
Item 9.h. - Page 11
EXHIBIT "B-1"
------.----------LE POINTE: ST.
POR LOT 85 A MB 65
2492 O.R. 520
l
LOT 8
A MB 58
N28" 27' 22"W l 70.99'
I
I
_L N18" 54' 27"W 130.84'
---________ _i_ _ _..~
s51 · oo· 1 o"wJ
HART LANE 32.70
---
(HIGH ST.) I
I
I
I
I
I .
I I-I <n
SCALE: 1 "=30'
I OFFER OF DEDICATION
I
I
I
17' I 17'
I
OFFER OF DEDICATION
A PORTION OF LOT 8 OF THE BUENA
VISTA TRACT PER MAP BOOK A, PAGE 58
IN THE CITY OF ARROYO GRANDE,
COUNTY OF SAN LUIS OBIPSO, STATE
CALIFORNIA
OCTOBER 2014
OF
CIVIL DESIGN
SOLUTIONS
PO BOX 207 ARROYO GRANDE, CA 93421
Item 9.h. - Page 12