HomeMy WebLinkAboutResolutions 2011-151 N.C.S. 10/17/2011 Resolution No. 2011 -151 N.C.S.
of the City of Petaluma, California
ORDERING THE VACATION AND ABANDONMENT OF THE CHERRY STREET
RIGHT -OF -WAY ADJACENT TO THE ST. VINCENT'S HIGH SCHOOL PROPERTY
LOCATED AT 849 KEOKUK STREET, PETALUMA, CALIFORNIA
WHEREAS, pursuant to Sections 8320 et seq. of the California Streets and Highways
Code, the City Clerk of the City of Petaluma caused to be published and posted a Notice of
Hearing on a request by the owner, Roman Catholic Welfare Corporation, that the City Council
vacate a portion of Cherry Street right -of -way adjacent to the St. Vincent's High School property
located at 849 Keokuk Street, as shown in Exhibit A; and,
WHEREAS, on February 22, 2011, the City of Petaluma Planning Commission
unanimously determined by resolution that the proposed right of way vacation is consistent with
the City of Petaluma General Plan 2025, including the City's Pedestrian and Bicycle Plan; and,
WHEREAS, on June 20, 2011, a public hearing was held for the purpose of hearing the
evidence of any person interested in or objecting to said proposed abandonment and vacation in
which the City Council voted to continue the item to the August 1, 2011 City Council meeting
and directed St. Vincent's to reach out to neighborhood groups to address concerns raised at the
June 20, 2011 meeting; and,
WHEREAS, St. Vincent's High School, on July 7, 2011, held a public meeting at St.
Vincent's High School to hear and address neighborhood concerns; and,
WHEREAS, the City Council, on August 1, 2011, continued the item to the September
12, 2011 City Council meeting and again to the October 17, 2011 City Council meeting to allow
additional time for St. Vincent's to address neighborhood concerns; 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 right -of -way for street
purposes hereinafter described is unnecessary for present or prospective public street purposes
including the need for a bike lane and sidewalk, and the said Council of the City of Petaluma
having now acquired jurisdiction to order the proposed abandonment and vacation; 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.
WHEREAS, on October 17, 2011, a public hearing was held for the purpose of hearing
the evidence of any person interested in or objecting to said proposed abandonment and vacation;
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, that the right -of -way described in
Resolution No. 2011-151 N.C.S. Page 1
Exhibit A 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 conditions:
1. Prior to recordation of the vacation resolution, the Roman Catholic Welfare
Corporation shall compensate the City of Petaluma the sum of eight thousand, five
hundred dollars ($8,500), which is the fair market value determined for the proposed
area to be vacated through an independent third party appraisal.
2. Public storm drain and sanitary sewer easements shall be reserved for the City of
Petaluma as shown in Exhibit A.
3. If the vacation resolution is not recorded within one year of approval, the vacation
shall be considered null and void.
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 Ap ro d as to
Council of the City of Petaluma at a Regular meeting on the 17 day of October, rn:
2011, by the following vote:
Cit ttorney
AYES: Albertson, Barrett, Mayor Glass, Harris, Vice Mayor Healy, Kearney, Renee
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: •4_4 1i�_'i�_ i I' ,
Deputy City Cler • . or
Resolution No. 2011 -151 N.C.S. Page 2
EXHIBIT "A"
All that property situate in the City of Petaluma, County of Sonoma, State of California,
being more particularly described as follows:
A Strip of land 15.00 feet wide described as follows:
Commencing at a found 1.1/4" brass disc marking the intersection of Cherry Street and
the centerline of Deerfield Lane as said intersection is shown on the Final Map of
"Cherrywood Subdivision" filed February 28, 1992 in Book 490 of Maps, at pages 17 thru
20 Sonoma County Records; thence along said centerline of Cherry Street, North
12 °56'44" West, 172.60 feet; thence leaving said centerline, North 77 °03'16" East, 14.92
feet to the True Point of Beginning; thence North 80 °27'22" East, 15.02 feet; Thence
South 12 °56'44" East, 315.57 feet; South 75 °53'43" West, 15.00 feet; North 12 °56'44"
West, 316.76 feet to the POINT OF BEGINNING.
Containing 4,740 square feet or 0.109 acres, more or less.
This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyors Act
Tony R. Battaglia Date
L.S. No. 8394 � S R. BATA- LF Expiration Dater 3 -31 -2012 � G'
* EXP. 3-3/-1.2 *
oT No. 8394 ■Q
Resolution No. 2011 -151 N.C.S. Page 3
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