HomeMy WebLinkAboutResolution 2016-134 N.C.S. 09/12/2016Resolution No. 2016 -134 N.C.S.
of the City of Petaluma, California
ORDERING THE SUMMARY VACATION OF A 10 -FOOT PUBLIC
STORM DRAIN EASEMENT AT THE ADDISON RANCH APARTMENT
COMPLEX, 200 GREENBRIAR CIRCLE, PETALUMA, CALIFORNIA
WHEREAS, pursuant to Sections 8300 et seq. of the California Streets and Highways
Code, applicant Addison Ranch Apartments, LLC requests the City Council summarily vacate
the existing public storm drain easement at 200 Greenbriar Circle, Petaluma CA, shown in
Exhibits A and B hereto; and
WHEREAS, the public storm drain easement and storm drain line has been determined
to be in excess by the City, the easement holder, and is no longer needed and there are no other
public storm drain facilities located within the easement; 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 service
easement hereinafter described is unnecessary for present or prospective public storm drain
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.
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 storm drain easement described in Exhibits A and
B hereto, which is incorporated herein by reference, and the same is hereby ordered vacated,
abandoned and forever closed to public use with the following condition: If the vacation
resolution is not recorded within one year of approval, the vacation shall be considered null and
void.
Resolution No. 2016 -134 N.C.S. Page 1
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 the pr ed'4s to
Council of the City of Petaluma at a Regular meeting on the 12th day of September, arm: ,E
2016, by the following vote:
f ,rA ,
City Attorney
AYES: Albertson, Barrett, Mayor Glass, Healy, Kearney, Vice Mayor King, Miller
NOES: None
ABSENT: None
ABSTAIN: None
:
ATTEST:
City Clerk
ayor
Resolution No. 2016 -134 N.C.S. Page 2
Exhibit A to Resolution 2016 -134 N.C.S.
EXHIBIT "A'
Storm Drainage Easement to be Vacated
Legal Description
All that real property situate in the City of Petaluma, County of Sonoma, State of California and
being a portion of the lands of Addison Ranch Apartments, LLC as described in those deeds
recorded as Document No's. 2012 - 05904, 2012 - 05906, and 2012 - 05907, Sonoma County
Records and also being a portion of Greenbriar Unit No. 2, Phase I recorded in Book 204 of
Maps at Pages 31 and 32, Sonoma County Records, described as follows:
That certain Storm Drainage Easement (S.D-.E.) within Parcel A as shown on said map, lying
southerly of and adjacent to Parcel X as shown on said Map and extending from the easterly line
of McKenzie Avenue as shown on said map to the easterly boundary of said map.
Prepared by: =°
ILS Associates, Inc.eRr��'-
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Resolution No. 2016 -134 N.C.S. Page 3
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Exhibit B to Resolution 2016 -134 N.C.S.
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