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HomeMy WebLinkAboutResolution 8312 N.C.S. 09/05/1978P L K?hii. 8-21-7& eolution;No. __82:312_ - N. C. S RESOLUTION ORDERING TH"E,- VACATION AND ABANDONI-'ENT 'AND CLOSING TO'THE• PUBLT,C, USE A PEDEST•R'IANWAY ,IN THE: CITY OF PETALUMA: --- ('Leslie Way) R INAL.. IG INTROpUCED. BY COUNCIhIvIAN =--------------------------;--'---WI-Is�IAI4- A -r- '-P?E•RRY-, -;-Jif-: ------- and'- '" SECONDED BY COUNCILMAN'-' __ G - ROLAND BOND - at a REGULAR': Meeting, of the City Council of the -Cit y'of Petaluma, ori the ---- ------ day of- .S-qptembojz� .................... 19 78 WHEREAS", the, Council of the City of,Petaluma dial,; on the 21st day of August.,: 1;978, adopt, Resolution of Intention No. 8'286 N. C. S . , declar;i;g' its intention .to vacate and abandon and { close to'.''pub7i:c, us'e; that certain pedestrian way on Leslie Way -(between 'Cr,'nell;a Drive' and,,Juli'et 'Drive) ,;,: hereinafter described, which resolution_' was ' duly' and legally. "posted_ in the time, form and manner required by law, 'as shown. on the affidavit 'of posting on file in the office o'f the City Clerk of said ,City; and, WHEREAS,,1, I•a:fter , adoption' thereof,,l.,of the passage of ent .and the Closing E,T. said resolution,. "Notice. of VacatiIf,on, . Abandon- 1 to. Public Use :a Pedestrian L7ay in'the City of Petaluma. (Leslie Way) were ' dul e," all cste'd i x Y y and ly p_ n the:'time; form and 'manner as required `by aw as shown by .tie Af;fi,davit of Posting on 'fhe in the, office o;f: the City ",Cle,rk;: -and'. '.• WHEREAS;",paid Council` has; on the `5th' day of September, 19.78, P s.,, e ,. g r .• p ; 'hearing the evidence of, held' a ubl"i'c hearin fo,r the urpose of e any person' interested ri or obj6c't ng': to ° sa d..proposed: abanydon'- meant and v,acati0h, and.,, • WHEREAS,. said Council; having duly,received.and considered evidence 1. concerning: 'the jurisdictional =facts of this proceeding, finds from all 'the evidence 'sub. tt'ed.. that the 'po'rtion:'' of 'the;, ,r pedestrizan way, :h'ere;,rnaft,er,� ,de s�cr�ibed'..is,:� unne�ces,sa�ry, and 'the r said Council of, the City of;-Pet'lauma. having now.' acqu-i red juris- diction `to order the p'ropos.ed- abari'donment. and vacation, NOW, THEREFORE,, B;'E IT ;RESOLVED..by .the Council of the: City 'of nt to, and in 'accordance .wi h t- Petaluma, p'ursua he""authority contained in. they 'Street VacationAct ,o.f` 19:44 (Division 9 part 3 of the Streets and .Highways' Code') , 'th;at: the following described pedestrian, -way in said City, be-,, and the same is hereby, ordered va'cate'd, abandoned ,and forever closed to pub- lic use ori : and after the date of recordation of this resolution with the Recorder of: Sonoma .County Pedestrian ;walkway �adjacen,t tb lot No,., 73 as: •de- described in Sonoma Counts Swubdrds as scri.bed on the 'ma en,tit'led°" Sunn �1. .l and further f �.y "Records as 2491 OR 751. Said ValkwaY`•joins.'Les l .e. Wdy,'and Casa Grande High School. BE IT FURTHER RESOLVED that the'Ci;ty Clerk is directed to cause .a certified 'copy of 'this •resolution:;', �atte,sted by said Clerk' f th y, be recorded iii the office of the. under the seal `o s Cit to Recorder of Sonoma, County: " Y y Y I hereby certify "that,the fore oiii Resolution,was duly and regularly introduced and;, _g. -g adopted by the Council of'the City'of Petaluma,on the _________________ ath:....................... day 2 of.,... - -- ---- 1.9-7f , by;,Ae follow>ng'votes:, AYES,uncilmen Balslzaw, Bond, Cavanagh, •"PHarb.erson,,. .Perry and Co:� Vice -Mayor Hilligbss. . . NOES None ABSENT BE IT FURTHER .RESOLVED: that :pursuant .to :Section 1.933 of the ' Streets and Hi.ghways,Coda, the City Manager :is authorised to ne- gotiate the .d ,s;p,osition of the. underdyli-qg, real property with. ,� t Cle "k j own ers and Ci • authorized City Clerk is;; ^p . to execute r Y COUNCIL -FILE y e'therefor a,conveyance pthe u on such ne otiat.ed dispostion. g RES. NO a Y y Y I hereby certify "that,the fore oiii Resolution,was duly and regularly introduced and;, _g. -g adopted by the Council of'the City'of Petaluma,on the _________________ ath:....................... day 2 of.,... - -- ---- 1.9-7f , by;,Ae follow>ng'votes:, AYES,uncilmen Balslzaw, Bond, Cavanagh, •"PHarb.erson,,. .Perry and Co:� Vice -Mayor Hilligbss. . . NOES None ABSENT 146y.or Ptatnam ' n� �w C ATTEST K e ut Pr y ,� t Cle "k ,� Vic e - Mayor ���'�Ii' r.�u .iii� 7� ��FORM CA 9 774-' r Y COUNCIL -FILE n, RES. NO a AFFI-DAV,I.T OF POSTING STATE'' OF CALIFORNIA County of.Sonoma ROY C. KELLY','being first duly sworn, deposes and says that he is the Public `°Works Superintendent for the City of Petaluma, CA; that pursuant to the 'Street Vacation Act of 1941_ (Division,_ 9, Part.,3.of,the Streets and. Highways Code) he con- spicuous.ly., posted notices of the adoption of Resolution of Inten- tion No. 8286 N.0 S. along"the line of the pedestrian way to be vacated; that said notices were posted on .the' 25 - day of r, 1978, andwere prepared and posted in the following manner: "NOTICE OF VACATION,. ABANDONMENT AND THE CLOSING TO PUBLIC USE A PEDESTRIAN WAY. IN THE CITY' OF PETALUMA,CA, MORE PARTICULARLY DE'- SCRIBED HEREIN.,"• and in legible characters stated the fact of the adoption of - Res'olLition No: 82'86 N.C.S. , its.. date, described the pedestrian way to,be'.abandoned and vacated and notice of the time, place and date for a'hearing at which all interested persons may appear and be heard,„ regarding.,sai(I proposed; vacation of -.pedestrian way in the City of Petaluma. The.said notices were posted along the line of pedestrian -way to be abandoned and vacated at no more than 300.feet apart, not less than three. (3) notices being posted on the said.,pedestrian way. R C ELLY Public Works Superinten ent Subscribe -a and sworn to before me this .2,�_.Lday of ems, 1978. r^ 14!�taryCKbAic7in and for County of Sonoma, StCalifornia,,?,.of Ca My Commission e_xpire,s 6`—/�_&jPLZ �6 a OFFICIAL SEAL WM. A. LIElB L JR. m NOTARY PUBLIC - CALIFORNIA r .9 SONOMA COUNTY "n""" 'My comm. expires MAY 4, 1982 i tii 11 j1 AFFIDAVIT OF POSTING �1 STATE OF CALIFORNIA County of Sonoma'`) ROY C. KELLY, being first duly sworn, deposes and says that he is the Public Works Superintendent for the City of Petaluma, CA; that pursuant to the, Street. Vacation Act of 1941 (Division 9, Part!3 of the Streets and ''Highways Code) he con- spicuously posted"_notices of the adoption of Resolution of Inten- tion No..8286 N.C.S. along the line of the pedestrian wa to be u cwt_ f vacated; that said notices were po'stegon the, 625th' day o - -, 1978, and were prepared and,poste`d inI the following manner: "NOTICE OF VACATION,�,ABANDONMENT AND THE CLOSING TO PUBLIC USE A PEDESTRIAN WAY IN THE'CITY OF PETALUMA, CA,.MORE PARTICULARLY DE- SCRIBED THEREIN.," and in :legible characters stated the fact of the adoption of Resolution No. 828:6 N.C.S`. its date, described the .: 'pedestrian done d and vac'at'ed. .gede'way to: beaban and notice of the time, lace and date for a" - p ,hearing . at wYicYi'' .al,l interested persons may appear and be heard regarding said proposed 'vacation of pedestrian° way in the City :of Petaluma. The said notices were posted along y oned,and, vacated at no more than 300 feepeaeari � an to be a'bandi . the line of wa - p . of less than three (;3) notices being posted onthesaid pedestrian way. ROY'', C ELLY Public Works: Superintendent Subacribed I and sworn .,,to before me thisTday of 1978. di N a'ry i. ubl ri: an;d for-"Ifor-"I County ' o f . QA �• ,OFFICIAL SEAL Sonoma, Stal df ' California. �� 'Q " WM. A. LIEBEL JR. NOTARY PUBLIC - CALIFORNIA SONOMA COUNTY My Commission ekpireS-- 9�Z Foa"" My comm. expires MAY 41 1982