HomeMy WebLinkAboutResolution 2012-175 N.C.S. 12/3/2012Resolution 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. If the 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 Cit)
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 19" day of November, Pk
2012, by the following vote:
City A e}
AYES: Albertson. Barrett; Hands, Healy, Kearney. Vice Mayor Ren€e
NOES: Mayor Class
ABSENT: None
ABSTAIN: None
ATTEST: Ctc
City Clerk Mayor
Resolution No. 2012-175 N.C.S. Page I
GXHIDIT "A"
PORTION OF SANITARY SEWER EASEMENT To RE ABANDONED
(OFFICIAL RECORDS" 81004691)
All that certain propeny situate in the City of Petaturns, County of.Sonoma, State of C'aIWinfla
and [note particularly described as follows:
Being a Portion of parcel and Patcel 3, as shoscn on that certainunap entitled °Par«I Map No,
170", filed in the Office of the Count) recorder pf Sonoma County, State at Calliitria, on
December 24. 1980 in Book 316 Maps, at page 19, S000nta County Records and more
particularly described asfoRows:
Tieing it strip of land of uniform width off OM feet the centerline of which is more particularly
described ae follows:
BEGINNING at a point on the southeast line of said Parcel 2, said point hearing North 35° 33'
02" Gast 220.17 ist from the moist southerly curer of said Parcel 2; thence Rom >aid POINT
OF BP:GI NN ING entering said Parcel, 2 & 3, the following courses: North 56" 40' 10"West
493.37 feet, South 35"33' 02" Writ 165,12 lesrt, North 56' 4o' 10" West 75.90 feet to the point
of terminus of the centerline hmin being described.
The above described parcel hems I ou ided on its easterly terminus by said southeast line of said
Pareol2, anti hounded on its westerly terminus al right anglos to the centerline.
Resolution No.2012-175 N.C.S. Page 2
'Pre Basis ol'Bearings Ibrthis desoript ion is Nonh 54' 26' 58" West beaeeen record mommnenca
along the center Iine oI North McDowell Boulevard shot+'n on the albrementioned Parcel Map
No..170.
Prepared by:
(AP. Nos. 007-380-005 X-027, a portion of)
CSW/S IU13ER-S"I ROEH ENGINEERING CROGP, INC.
Date
File: 5.967.05 Dato: July 19, 2012
Resolution No. 2012-175 N.C.S. Page 3
Graphic Scale (in feet)
' 1 inch = 300(L'
i
NORTH MCDOWELL BLVD. S54'2658T
-- — —
N54'26'58"W 609 79' -ir-, 45800'—rl .- -
W
(FARC—rl 3
31B Maps 1J)
LLT
2
_.
APN 007-380-027
ZI;,
--w,
70, WIDE EASEMENT FOR —�
of
SEWER CONSTRUCTION
m
AND MAINTENANCE
LL
m
LL•
to
rr PORTION TO
REMAIN S35'33'02"V
165.12
U.S. FREEWAY 101
POINT OF TERMINUS
LINE TABLE
LINE
BEARING
LENGTH
O
N53-12'45V
77,56'
0
S54-2658"E
100.25'
N35'33')2"E
150.00'
S54-26.58"E
24.57'
�'
rN
r
m
s
(PARCcL 2
�
4
316 Map 19)
iL
w
APN 007-380.0
N
'.T
o
U
'33'02"E
11i
1100.93'
N56'40'1O'W POB
75.90' PORTION TO BE
.ABANDONED
LINE
13WING
LENGTH
O5
S34'07'35 "E
28.79'
S54'26'58'£
100.00'
Q
S74-46'21 "E
28.79'
�s
N35-33'02 E
3.00'
Page 3 of 3
Re¢.X Data: 07119121M
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A 89919 ta.: 415Wa150&1.9933
PETALUMA SONOMA COUNTY CALIFORNIA
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Resolution No. 2012-175 N.C.S. Page 4