Agenda Item No. 9
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: June 27, 2022 FROM: Matthew Bronson, City Manager
PREPARED BY: Greg Ray, Public Works Director/City Engineer Gabriel Munoz-Morris, Senior Engineer
SUBJECT: Quitclaim of Parcel 12434-1 of State Highway Map Book 6, Pages 99 to 102, to the California Department of Transportation
RECOMMENDATION
Approve a quitclaim deed of Parcel 12434-1 of State Highway Map Book 6, Pages 99 to 102, and authorize the Mayor to execute the quitclaim deed on behalf of the City.
BACKGROUND
The California Department of Transportation District 5 (Caltrans) has requested that the City of Grover Beach execute a quitclaim deed for Parcel 12434-1 of State Highway Map Book 6, Pages 99 to 102, as filed on October 14, 2021 as File No. 2021069898, per the requirements of Section 83 of California Streets and Highway Code. Section 83 of the California Streets and Highway Code states that any public street or highway or portion thereof which is within the boundaries of a state highway shall constitute a part of the right of way of such state highway without compensation being paid therefor, and Caltrans shall have jurisdiction thereover and responsibility for the maintenance thereof.
Staff has determined that the parcel in question is within the boundaries of State Highway 101 on the north side of El Camino Real approximately halfway between the intersections of North Oak Park Boulevard and North 12th Street and thus within the boundaries of a state highway. The City has no interest in the subject parcel and does not currently have, or anticipate the need for, City facilities on the parcel. As a result, staff recommends Council approval of the quitclaim deed.
FISCAL IMPACT
There is no fiscal impact associated with this action.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Approve a quitclaim deed of Parcel 12434-1 of State Highway Map Book 6, Pages 99 to 102, to the California Department of Transportation and authorize the Mayor to execute the quitclaim deed on behalf of the City; or
2. Provide staff with alternate direction.
Staff Report: Quitclaim of Parcel 12434-1 to Caltrans Page 2 June 27, 2022
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Quitclaim Deed for Parcel 12434-1
2. State Highway Map Book 6 Pages
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
Attachment 1 - 12434-1_Quitclaim_Deed_Grover_Beach.docx 03/2020
QUITCLAIM DEED District County Route Postmile Number
5 SLO 101 14.85 12434-1
The City of Grover Beach, 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 Grover Beach, County of San Luis Obispo, State of California, described as follows:
Parcel 12434-1, 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.
Attachment 1
Number
12434-1
Attachment 1 - 12434-1_Quitclaim_Deed_Grover_Beach.docx 03/2020
The GRANTOR further understands that the present intention of the STATE is to construct and maintain a public highway on the lands hereby conveyed and the GRANTOR, for itself and its successors and assigns, hereby waives any damages to GRANTOR’s contiguous remaining property arising from the conveyance herein and as set forth in California Code of Civil Procedure section 1263.420 (“Damage to the remainder”). The manner and use of the subject property deeded by GRANTOR as defined by the STATE is a state highway to be constructed, operated, and maintained consistent with the state Department of Transportation’s standards and policies.
Dated: City of Grover Beach
Jeff Lee
Mayor
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
Attachment 2
STATE OF CALIFORNIA
CALIFORNIA STATE TRANSPORTATION AGENCY
DEPARTMENT OF TRANSPORTATION
RELINQUISHMENT MAP
Relinquishment Nos. 11788 & 11789
STATE OF CALIFORNIA
CALIFORNIA STATE TRANSPORTATION AGENCY
DEPARTMENT OF TRANSPORTATION
RELINQUISHMENT MAP
Relinquishment Nos. 11788 & 11789
STATE OF CALIFORNIA
CALIFORNIA STATE TRANSPORTATION AGENCY
DEPARTMENT OF TRANSPORTATION
RELINQUISHMENT MAP
Relinquishment Nos. 11788 & 11789