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Home My WebLink AboutResolution 2014-023 N.C.S. 2/3/2014 Resolution No. 2014-023 N.C.S. of the City of Petaluma, California ORDERING THE VACATION OF EXISTING PUBLIC UTILITY EASEMENTS ON ASSESSOR PARCEL NUMBERS 007-280-078 AND 007-280-077 PURSUANT TO CALIFORNIA STREETS AND HIGHWAYS CODE SECTION 8300 AND FOLLOWING WHEREAS, pursuant to Section 8300 et seq. of the California Streets and Highways Code, applicant JDA West LLC ("Applicant"), requests that the City vacate existing public utility easements described in book 2992 of official records at pages 503 through 508 on parcel one and parcel two of Parcel Map 93 recorded on February 23, 1976, in book 230 of maps, page 32, and public utility easements shown on Parcel Map number 79 recorded in book 225 of maps page 43 Sonoma County Records, (collectively, "Easements"), said Easements located within the property located at 35 Maria Drive ("Property"), the proposed location of the Maria Drive Apartments Project ("Project") and described on Exhibit A and Exhibit B of this resolution; and, WHEREAS, the Easements have been used for City water main facilities installed in the Easements and serving the Property, and for other public utility facilities installed in the easements serving the Property with power, gas, and telecommunication services; and, WHEREAS, it is proposed that all on-site water, sewer and storm drain utilities serving the proposed Project on the Property will be privately owned and maintained, obviating the need for public utility easements located on the Property for water services serving the Project; and, WHEREAS, in accordance with California Streets and Highways Code Section 8340, subdivision (c), as a result of in-place public utility facilities that are in use on the Property for power, gas, and telecommunication services, unless the public convenience and necessity require otherwise, the City shall except from vacation of the Easements any easement and right necessary to maintain, operate, replace, remove, or renew the in-place, in-use public utility facilities for power, gas, and telecommunication services; and, WHEREAS, a 10-foot wide public utility easement will be maintained along the Property frontage on Maria Drive for future public utilities and water, sewer and storm drain connections that may be necessary related to the Project or the Property; and, WHEREAS, pursuant to California Streets and Highways Code Section 8313, subdivision (b) and California Government Code Section 65402, subdivisions (a) and (b), submission of the proposed public utilities easement vacation to the Planning Commission for a report is not required because the proposed vacation does not involve acquisition of public property for street, square, park or other public purposes, disposal of public property, vacation or abandonment of a street, or construction of a public building or structure; and, WHEREAS, in accordance with California Streets and Highways Code Section 8333, the proposed vacation of the Easements does not qualify for summary vacation procedures pursuant to California Streets and Highways Code Section 8330 and following because the. Easements have been used for the purposes for which they were dedicated and have not been superseded by relocation; and, Resolution No. 20.14-023,N.C.S. Page I WHEREAS, in accordance with California Streets and Highways Code Sections 8320, 8321, and 8322, published notice of a public hearing on the proposed vacation of the Easements giving the time and place of the hearing, a description of the public utility easements to be vacated, and a reference to a map or plan that shows the area to be vacated beginning at least 15 days before the public hearing has been given for two successive weeks in the Petaluma Argus Courier; and, WHEREAS, in accordance with California Streets and Highways Code Section 8323, such hearing notice infonnation was also posted along the line of the Easements proposed to be vacated in at least 3 locations not more than 300 feet apart at least two weeks before the day set for the hearing; and, WHEREAS, the proposed vacation of the Easements is consistent with the Petaluma General Plan 2025 because it will not conflict with General Plan's goal (GOAL 8-G-1) to provide a safe, reliable, high-quality, economical and sustainable source of water to meet the community's needs, because all on-site water, sewer and storm drain utilities shall be privately owned and maintained, obviating the need to retain the Easements located on the Property for water services serving the Project, and the Applicant will be required to have private meters within the property line; and, WHEREAS, on February 3, 2014 the City Council reviewed the California Environmental Quality Act ("CEQA") evaluation for the Project and adopted the Mitigated Negative Declaration and Mitigation Monitoring Report for the Project, all in accordance with CEQA and the City of Petaluma Environmental Guidelines; and, WHEREAS, the Petaluma City Council, having duly received and considered all of the evidence concerning the facts in this proceeding, finds from all the evidence submitted that the Easements as described in this resolution and its exhibits are unnecessary for present or prospective purposes related to public water utilities. NOW, THEREFORE, BE IT RESOLVED that 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 8320, makes the following findings: 1. That the Easements for public utilities described in Exhibits A and B hereto, which are incorporated herein by reference be, and the same are hereby ordered vacated, abandoned and forever closed to public use for City water utility purposes with the following conditions: a. In accordance with California Streets and Highways Code section 8340, subdivision (b), the City reserves and excepts from the vacation pursuant to this resolution any easement and right necessary to maintain, operate, replace, remove, or renew the in-place, in-use public utilities for power, gas, and telecommunications services within the Easements. b. If this vacation resolution is not recorded within two years of adoption, the vacation shall be considered null and void. Resolution No. 2014-023 N.C.S. Page 2 2. That, subject to the reservation for in-place, in-use public utilities specified in 1(a), above, from and after the date this Resolution is recorded, the vacated public utility easements described in Exhibits A and B no longer constitute public service easements. 3. 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 3'a day of February, f 2014,by the following vote: A • City Atto ey AYES: Albertson,Mayor Glass, Harris, Healy, Vice Mayor Kearney NOES: Barrett ABSENT: Miller ABSTAIN: None 'Orr / .� _� te- ATTEST: City Clerk Mayor Resolution No. 2014-023 N.C.S. Page 3 Exhibit A ABANDONMENT OF A PORTION OF EASEMENT LEGAL DESCRIPTION Lying within the City of Petaluma, County of Sonoma, State of California and being an abandonment of all the easements described in Book 2992 of Official Records at Pages 593 through 508, Sonoma County Records, and of all the easements shown on Parcel Map Number 93 recorded.in Book 230 of Maps at Page 32, Sonoma County Records, and all of the casements shown on Parcel Map Number 79 recorded in Book 225 of Maps and Page 43, Sonoma County Records. EXCEPTING THEREFROM a strip of land to he retained lying 10.00 feet westerly and northwesterly of the following described line: BEGINNING at the most southerly corner of Parcel 2 as shown on said Parcel Map Number 93; thence along the southeasterly boundary of said Parcel 2 North 35°25'59" East. 142.50 feet to the most southerly corner of Parcel I as shown on said Parcel Map Number 93; thence along the southeasterly boundary of said Parcel 1 North 35°25154" East, 84.47; thence continuing along said southeasterly boundary on a curve to the left with,a radius of 320;00 feet through a central angle of 46°42'00" for a length of 260.82 feet; thence continuing along the easterly boundary of said Parcel I North I 1°1.3'30" West, 207.32 feet to the northeasterly corner of said Parcel I and the TERMINUS of the, line described herein. The sideline is to be foreshortened and extended to terminate at-the northerly boundary of said Parcel 1 and the southwesterly boundary of said Parcel 2. The area of the portion to he retained contains 6,910 Square Feet More or less Prepared by Cinquini & Passarino, Inc. �pLLAN06; rys�s M.0/04„:9e.G ors �o ZS 7-C/ tics M. Dickey-, P.L.S. ?S a No.7935 �a 4 s x0.12-35- /3 at. ,P 1360.North Dutton Ah-care, Stile 150, Strata Rosa. CA 95401 Tel: (707) 542-6268 Pax: (707)542-2106 wwt,.cinquinipassarino.coin CP1 No.: 6483-12 Resolution No. 2014-023 N.C.S. Page 4 , . EXHIBIT 'B' 4 sa„., SITE MAP NO SCALE / LEGEND ‘.5 44,0 .1 1 / 4P i — — — __ PARCEL BOUNDARY 0 ik( iiN — • • — s • — EASEMENT TO RETAIN BOUNDARY EASEMENT TO BE ABANDONDED 7 ac a AREA OF EASEMENT TO RETAIN -521,2_ *°‘ 64, N 7 ? ON DOCUMENT NUMBER 4- O.R. OFFICIAL RECORD, SONOMA COUNTY P.O.B. POINT OF BEGINNING CITY OF PETALUMA P.U.E. PUBUC UTIUTY EASEMENT — - IT- - , - •- i n • i• ;II r•II I . , I 1 PORTION OF .. 1 ' I I . 1 P.U.E. TO BE .1 ABANDONED 10' P.U.E. TO REMAIN PARCEL 2 ' V1 ' 230 MAPS 32 1 LANDS OF YANOFF 1' la DN 2011-032110 '1 PARCEL MAP No.93 . i L5 .'0 APN 007-280-078 1 1 ■ ,Ir: - ft) 230 MAPS 32 I . . ...., – I i ' 1 PARCEL 1 LANDS OF YANOFF DN 2011-032110 1- I 1 APN 007-280-077 . Iry .! . 1: co ca. I , I, 1.\\:\ 1b i , , ,. PORTION OF It / it /4 . i •• • . P.0 E TO BE , . 1 / 4/--t 1 „ , ABANDONED 14 ' . s t.,,, I i t. 11 PORTION OF ; i ...,, t.. , 1 P U 51 TO BE----\\<1 : I //,‘1? I \ .1. . __ _ , ABANDONED i--s : if ‘-' . .. \ . _ _ . _. , I - I . • -•- , •,1 . •• - 1. 17; / ,1. 'ese • : • ..,0-- „ ti o- / .... ,7 / ,,- , . IP • .::-.::-. \ 11 /0 / THIS DIAGRAM IS FOR GRAPHIC PURPOSES ONLY. ANY ERRORS 43' ^DGD v 4.1 / OR OMISSIONS SHALL NOT pa" ÷ ,St. EFFECT THE LEGAL DESCRIPTION R. '7 N Or ..w I)r4 P.O.E. -- --11----- CINQUINI & PASSARrNO, INC. "7;0 --- '.a'::!•:!"! LAND SURVEYING. A BOUNDARY 1360 No. Dutton Ave. A TOPOGRAPHIC Santa Rasa, Ca. 95401 A CONSTRUCTION Phone: (707) 542-6268 SCALE. 1'1=1001 A SUBDIVISIONS Fac (707) 542-2106 WWW.CINQUINIPASSARINO.0011 JOB NAME: 51 MARIA DRIVE DRAWN BY: MOD I CHECKED BY: JMD SCALE: 11=100 1DATE 9/24/2013 DESCRIPTION: ABANDONMENT EXHIBIT JOB B 6483-12 I SHEFT• 1 OF 1 Resolution No.2014-023 N.C.S. Page 5