HomeMy WebLinkAboutResolution 2014-106 N.C.S. 7/7/2014Resolution No. 2014-106 N.C.S.
of the City of Petaluma, California
ORDERING THE VACATION OF A PORTION OF AN EXISTING PUBLIC UTILITY
EASEMENT ALONG WOOD SORREL DRIVE FRONTING THE YARBERRY LANE
SUBDIVISION, PETALUMA, CALIFORNIA, APN: 137-061-022
WHEREAS, pursuant to Sections 8300 et seq. of the California Streets and Highways
Code, applicant Ryder Homes requests that the City Council vacate a portion of an existing
public utility easement along Wood Sorrel Drive fronting the Yarberry Lane Subdivision, APN:
137-061-023, shown in Exhibits A and B; 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 portion of the public
utility 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 right-of-way described in Exhibits A and B 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 one year of approval, the vacation
shall be considered null and void.
Resolution No. 2014-106 N.C.S. Page I
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.
BE IT FURTHER RESOLVED that the City Manager is authorized and directed to
execute any necessary documents of conveyance.
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 lite A�povtd as to
Council of the City of Petaluma at a Regular meeting on the 7°' day of July, 2014, for,
by the following vole:
AYES: Albertson, Barrell, Mayor Glass, Harris, Healy, Vice Mayor Kearney, Miller
NOES: None
ABSENT: None
ABSTAIN:
ATTEST:
Attorney
Resolution No. 2014-106 N.C.S. Page 2
EXHIBIT "A"
PUBLIC UTILITY EASEMENT ABANDONMENT
LEGAL DESCRIPTION
SITUATE IN THE CITY OF PETALUMA, COUNTY OF SONOMA, STATE OF CALIFORNIA.
BEING PORTIONS OF AN EXISTING PUBLIC UTILITY EASEMENT AS SHOWN ON PARCEL 1, CITY OF
PETALUMA PARCEL MAP NO. 238 FILED IN BOOK 436 OF MAPS AT PAGES i AND 2, SONOMA COUNTY
RECORDS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL ONE
COMMENCING AT THE MOST WESTERLY CORNER OF SAID PARCEL; THENCE ALONG THE WESTERLY LINE OF
SAID PARCEL NORTH 35°31'29" EAST. '10.03 FEET TO THE MOST NORTHERLY CORNER OF SAID PUBLIC
UTILITY EASEMENT; THENCE ALONG THE NORTHERLY LINE OF SAID PUBLIC UTILITY EASEMENT SOUTH
49°44'35' EAST, 23.21 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL ONE; THENCE
ALONG SAID NORTHERLY LINE OF SAID PUBLIC UTILITY EASEMENT SOUTH 49'44'35" EAST, 5.60 FEET TO THE
BEGINNING OF A CURVE WHOSE RADIUS POINT BEARS NORTH 40"15'25" EAST, 410.00 FEET; THENCE ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 06'16'59°, 44.96 FEET; THENCE SOUTH 35"31'29" WEST, 1.71
FEET; THENCE NORTH 54°28'31' WEST, 50.50 FEET; THENCE NORTH 35°31'29" EAST, 3.42 FEET TO THE POINT
OF BEGINNING.
CONTAINING 104 SQUARE FEET, MORE OR LESS.
PARCELTWO
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL; THENCE ALONG THE EASTERLY LINE
OF SAID PARCEL NORTH 35°31'00' EAST, 10.70 FEET TO THE MOST EASTERLY CORNER OF SAID PUBLIC
UTILITY EASEMENT; BEING THE BEGINNING OF A NON -TANGENT CURVE WHOSE RADIUS POINT BEARS
NORTH 14°26'10' EAST, 410.00 FEET; THENCE ALONG SAID CURVE AND THE NORTHERLY LINE OF SAID
PUBLIC UTILITY EASEMENT THROUGH A CENTRAL ANGLE OF 04°37'12", 33.06 FEET TO THE POINTOF
BEGINNING OF THE HEREIN DESCRIBED PARCEL TWO; THENCE ALONG SAID CURVE AND SAID PUBLIC
UTILITY EASEMENT THROUGH A CENTRAL ANGLE OF 01'4747'. 12.85 FEET; THENCE SOUTH 54°28'31" EAST,
12.38 FEET; THENCE NORTH 35'31'29" EAST, 3.45 FEET TO THE POINT OF BEGINNING.
CONTAINING 21 SQUARE FEET, MORE OR LESS.
BASIS OF BEARING OF THIS DESCRIPTION IS THE ABOVE MENTIONED PARCEL MAP.
w5�'>• LAf))14�
o�
STEVEN J. LAFRANCHI, P.L.S. 6368 N N0. 636EXPIRATION DATE 12/31/14 i EXP•12.31
DATE
STEVEN J. LAFRANCHI & ASSOCIATES, INC.
CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS
PETALUMA THEATRE SQUARE
140 SECOND STREET, SUITE 312, PETALUMA, CA 94952
TEL707-762-3122 FAX 707-762-3239
POE PbunEo,mvn4a6�1 (tbealplly,
Resolution No. 2014-106 N.C.S. Page 3
EXHIBIT "B"
PUBLIC UTILITY EASEMENT ABANDONMENT
SEE EXHIBIT "A" FOR LEGAL DESCRIPTION
POC (PCL. ONE)- I
1-2,l
LEGEND L�61/ OB
POC POINT OF 5 L3 LII LRApK
COMMENCEMENT
POB POINT OF BEGINNING PARCEL ONE
104f S.F.
LS
C1
COURSE DATA 1 PARCEL 1
LINE BEARING LENGTH 1-4 CITY OF PETALUMA
1-1 N35'31'29"E 10.03 I PM NO. 236
L2 S49'44'35"E 23.21 436 MAPS 1-2
L3 S49'44'35"E 5.60 1
L4 S35'31'29"W 1.71 I
L5 N54'2B'31'W 50.50
L6 1135'31'29"E 3.42
L7 N35'31'00"E 10.70
Le NIV26'10"E RADIAL EXISTING 10' PUBLIC
L9 S54'28'31"E 12.36 ® UTILITY EASEMENT
L10 N35'31'29"E 3.45
L11 N40'15'25"E RADIAL
� I
IRVE RADIUS DELTA LENGTH 1
C1 410.00 6.15'59" 44.96 \
C2 410.00 4.37'12" 33.06 1
C3 410.00 1'47'47" 12.85 I
I PARCEL TWO
211 S.F.
i L9 C3
110\ POB
�p����-�6
C2
SG���
17
GRAPHIC SCALE Poe (PCL TWO
9 w e6
SCALE 1"=30'
STEVEN J. LAFRANCHI & ASSOCIATES, INC.
CIVIL ENGINEERS — LAND SURVEYORS — LAND PLANNERS
PETALUMA THEATRE SQUARE
140 SECOND STREET, SUITE 312
PETALUMA, CA 94952
707-762.3122 FAX 707-762.3239
Resolution No. 3014-106 N.C.S. Page 4