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HomeMy WebLinkAboutResolution 2012-175 N.C.S. 12/3/2012 • Resolution No. 2012-175 N.C.S. of the City of Petaluma, California ORDERING THE VACATION OF A PORTION OF AN EXISTING PUBLIC SEWER EASEMENT ON ASSESSOR PARCEL NUMBERS 007-380-005 AND 007-380-027 WHEREAS, pursuant to Sections 8300 et seq. of the California Streets and Highways Code, applicant Merlone Geier requests that the City Council vacate a portion of an existing public sewer easement on assessor parcel numbers 007-380-005 and 007-380-027; and, WHEREAS, the portions of public sewer easement to be vacated will be re-dedicated at a later date by the project developer, Merlone Geier, in'a different location compatible with the Deer Creek Plaza Shopping Center development; and, WHEREAS, the City Council, having duly received and considered evidence concerning the facts in this proceeding finds from all the evidence submitted that the public sewer easement hereinafter described is unnecessary for present or prospective public utility purposes; and, WHEREAS, the action taken by this resolution is exempt from the California Environmental Quality Act pursuant to California Code of Regulations, Title 14, Chapter 3 ("CEQA Guidelines"), Section 15301 as the minor alteration of existing highways and streets and similar facilities involving negligible or no expansion of use; and, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma, pursuant to and in accordance with the authority contained in Division 9, Part 3, Chapter 3.of the California Streets and Highways Code, including but not limited to Streets and Highways Code Section 8333, that the public sewer easement described in Exhibit A hereto, which is incorporated herein by reference be, and the same is hereby ordered vacated, abandoned and forever closed to public use with the following condition: 1. lithe vacation resolution is not recorded within two years of approval, the vacation shall be considered null and void. BE IT FURTHER RESOLVED that the City Clerk is directed to cause a certified copy of this Resolution, attested by said Clerk under the seal of said City, to be recorded in the Office of the Recorder of Sonoma County, California. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a Regular meeting on the 19Ih day of November, fon 2012,by the following vote: City A 4. AYES: Albertson, Barrett, Harris. Healy. Kearney. Vice Mayor Ren€e NOES: Mayor Glass ABSENT: None ABSTAIN: None ATTEST: `ffi � Ctc City Clerk Mayor Resolution No.2012-175 N.C.S. Page 1 EXHIBIT"A" PORTION(3W SANITARY SEWER EASEMENT TO RE ABANDONED (OFFICIAL RECORDS 83004691) All that certain property situate in the City of Petaluma,County of Sonoma,State of C'al ifirmia and more particularly described as follows: Being a Portion of Parcel 2 and Parcel 3,as shown on that certain'nap entitled"Parcel Map No, 170",filed in the Office of the County recorder of Sonoma County,State of Cali iinnia,on December 24. 1980 in Book 316 Maps at page 19;Sonoma County Records and more particularly described as follows: Being a strip of land ofa uniform width of 10.00 feet the centerline of which is more particularly described as follows: BEGINNING at a point on the southeast line of said Parcel 2,said point bearing North 35°33' 02"Bast 220.17 icct from the most southerly corner of said Parcel 2;thence front said POINT OF HFGINN IN(i entering said Parcels 2&3,the following courses:North 56°40' l0"West 493.37 feet,South 350 33'02"West 165.12 leo;North 56°40' 10"West 75.90 feet to the point ofterntinus of the centerline herein being described. The above described parcel being bounded on its easterly terminus by said southeast line of said Parcel 2,and bounded on its westerly terminus at right angles to the centerline. Resolution No.2012-175 N.C.S. Page 2 The Basis ut Bearings Ibr this description is Nonh 54"29158" West between record monument along the centerline of North.McDowell Boulevard shown on the aforementioned Parcel Map No..170. Prepared by: (A.P. Nos. 007-380-005&027,a portion of) CSWJSI UBER-SIROEH ENGINEERING GROUP, INC. DRAFT Date File:5.967.05 Date: July 19,2012 Resolution No.2012-175 N.C.S. Page 3 Graphic Scale (in feet) • b' 0 m no :MI M .... .. 3 • : 1 inch = 300 ft.' 1 i NORTH McDOWELL BLVD. s54'2658"E 609.79' – (PARCEL — j ,>-,17545.6'58.W 517545.6'58.W 478.00' i'l W N 318 Maps 1g) t Z,,, Im 0 APN 007-380-027 °th' (PARCEL 2 I°f -AZ 1� w' 31E Maps 7LJ) t w, 10' WIDE EASEMENT FOR o APN007-380-005 N 'T SEWER CONSTRUCTION Mt ° .0 cc Di m AND MAINTENANCE In n } (DN83004691) z" I n .J m Iz LL PORTION TO N56'40'10'W REMAIN 493.57" x / S35'33'021V ,!( 3'02' ' N3533DYE 220.17 __.._.-• N54'3503"W �.- 616.07 , .:,�_ _484.86' N56'40"101W 1100.93' 0 N56'40'10 W POB U.S. FREEWAY 101 7590' PORTION TO BE POINT OF TERMINUS ABANDONED LINE TABLE LINE 1 BEARING LENGTH LINE BEARING LENGTH ® S34'07'35"E 28.79' O N53'12'45'W 77.56" © S54'26158t 100.00' 0 S54'26'58"E 100.25' O 574'46121"E 28.79` 0 1835'33'02-E 150.00" 0 N35'33'02 E 3.00' 0 554.26'58"E 24.57' Page 3 of 3 Rev.X Date: 07/19/2012 C S tltl S 1 2 Job No. 5'.967.05 Scale: 1'-300' ! CSW/Sluber•Stroeh EuSln¢orfnp Croup.Inc. ,.a. ." ,,"..t. 'r;,...a,., ...,,k ..,,Po d., PORTION OF SSE ...a.4.Wm. mU .a•a.n Ntevaron Coup Id: 410.M3.9050 Kbvam.CA 94949 fa.: 41500.9933 rat PETALUMA SONOMA COUNTY CALIFORNIA P)PF4LSi0TOlXa E+Nod,DMISII-A SEVV04.A9EMENT-ABANDtlrcMENrawy 07/1W2012.111 SIAM itlav V; Resolution No. 2012-175 N.C.S. Page 4