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HomeMy WebLinkAboutResolution 2014-023 N.C.S. 2/3/2014Resolution 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 information 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 l(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" day of February, f 2014, by the following vote: City Atto cy AYES: Albertson, Mayor Glass, Harris, Healy, Vice Mayor Kearney NOES: Barrett ABSENT: Miller ABSTAIN: None ATTEST: uai_)� 0::�� City Clerk Mayor Resolution No. 2014-023 N.C.S. Page 3 Exhibit A ABANDONMENT OF A PORTION OF EASEMENT LEGAL DL-SCRIPI [ON Lying within the City of Petaluma, County of Sonoma, State of California and being an ahandoument of all the easements described in Book 2992 of O€ficial Records at Pages 503 through 508, Sonoma County Records, and of all the casements shown on Parcel Nlap 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 22.5 of Maps and Page 43, Sonoma County Records. E`CCEPTING THEREFROM a strip of land to be retained lying 10.00 feet westerly and northwesterly of the following described liner BEGFNNING 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 I North 35'25'54" East, 84.47; thence continuing along said southeasterly boundary on a curve to the left witha radius of 320.00 feet through a central angle of 46'43'00" for it length of 2h0.82 feet; thence continuing along the easterly boundary of said Parcel I North l l°1.3'30" West, 207.32 feet to the northeasterly corner of said Parcel I and the TERMINUS of the - line described herein. Thc sideline is to be foreshortened and extended to terminate at the northerly boundauv of said Parcel 1 and the southwesterly boundary of suit] Parcel 2. The area of the portion to be retained contains 6,910 Square Feet inwb or less Prepared by Cinquini & PaSSallnO, 111C. 1300.Norlh Dutton A�-enue. Salle 150. Santa Rosn..CA 95401 Tel: (707) 542-6268 1 ax: (707) 542-2106 wwt,.cinquini0assal moxom CPJ No.: 6483-12 Resolution No. 2014-023 N.C.S. Page 4 PARCEL BOUNDARY EASEMENT TO RETAIN BOUNDARY EASEMENT TO BE ABANDONDED AREA OF EASEMENT TO RETAIN DOCUMENT NUMBER OFFICIAL RECORD, SONOMA COUNTY POINT OF BEGINNING PUBLIC U71UTY EASEMENT (�I PORTION OF� r P.U.E. U.-_ . TO BE 10' P.U.E. ABANDONED TO REMAIN PARCEL 2 230 MAPS 32 I LANDS OF YANOFF II� ON 2011-032110 PARCEL MAP No.93 APN 007-280-078 230 MAPS 32 ! PARCEL I LANDS OF YANOFF DN 2011-032110 _ APN 007-280-077 PORTION OF P.U.E. TO BE I, ABANDONED I e LEGEND ON O.R. P.O.B. P.U.E. I � I SITE MAP NO SCALE li F PETALUMA . z PORTION OFo. / ' P.U.E. TO BE—NIz ABANDONED �f o THIS DIAGRAM IS FOR GRAPHIC PURPOSES ONLY. ANY ERRORS OR OMISSIONS SHALL NOT EFFECT THE LEGAL DESCRIPTION. -- CINQUINI & PASSARINO, INC. LAND SURVEYING BOUNDARY 1360 No. Dutton Are. ® TOPOGRAPHIC Santo Roeu, Ca. 95401 SCALE: 1"=100' CONSTRUCTION Phone: (707) 542-8260 A SUBDIVISIONS F= (707) 542-2106 WWW.aN W INIPASSARINO.COA NAME: 51 MARIA DRIVE DESCRIPTION: ABANDONMENT EXHIBIT DRAWN BY: MDD (CHECKED BY: JMD SCALE: 1"=100' DATE. 9/24/2013 JOB N: 6483-12 !SHFET: 1 OF 1 Resolution No. 2014-023 N.C.S. Page 5