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HomeMy WebLinkAboutResolution 2008-146 N.C.S. 08/04/2008Resolution No. 2008-146 N.C.S. of the City of Petaluma, California APPROVING SUMMARY VACATION OF A PORTION OF A PUBLIC UTILITY EASEMENT AFFECTING PROPERTY AT 500 FIRST STREET WHEREAS, Lands of G Street Associates, LLC is the owner and developer of a minor subdivision commonly known as "G Street Landing" located at 500 First Street, Sonoma County Assessor's Parcel No. 008-192-013, (the "Property") and have requested that the City vacate a portion of an existing public utility easement ("the Easement") affecting Parcel 4 of the Property, which portion is described on the attached Exhibit A and depicted on the attached Exhibit B; and, WHEREAS, the Easement was dedicated to and accepted by the City of Petaluma on City of Petaluma Parcel Map No. 334, filed on December 6, 2002 in Book 642 of Parcel Maps at Pages 26-29, Official Records of Sonoma County; and, WHEREAS, the City Council hereby finds, pursuant to California Streets and Highways Code Section 8333, the following: (1) the Easement has not been used for the purpose for which it was acquired, for five consecutive years immediately preceding the proposed vacation of the described portion of the Easement; and (2) the Easement has been superseded by relocation, and there are no public facilities located within the Easement; and, WHEREAS, the City Council hereby finds, pursuant to title 14 California Code of Regulations, Section 15061(b)(3) (CEQA Guidelines), that vacation of the described portion of the Easement is not a project within the meaning of the California Environmental Quality Act because it has no potential for causing a significant effect on the environment; and, WHEREAS, the City Council of the City of Petaluma now intends to summarily vacate the described portion of the Easement pursuant to Chapter 4 of the Public Streets, Highways, and Service Easements Vacation Law, Streets & Highways Code Section 8330 et seq. Resolution No. 2008-146 N.C.S. Page 1 NOW, TI-IEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma as follows: 1. The foregoing recitals are true and correct and are hereby adopted as findings of fact. 2. From and after the date of recordation of this Resolution, the portion of the existing public utility easement affecting Parcel 4 of the Property ("the Easement") described on the attached Exhibit A and depicted on the attached Exhibit B, which are incorporated herein by reference, shall no longer constitute a public utility easement. 3. Except as shown on Exhibit B hereto, no other portion of the Easement nor any other easement shown on City of Petaluma- Parcel Map No. 334 is modified or vacated by this Resolution. 4. The City Clerk is hereby authorized and directed to cause a certified copy of this Resolution to be recorded in the Official Records of Sonoma County. 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`p~..vedr'as to Council of the City of Petaluma at a Regular meeting on the 4`h day of August, l~ or ': 2008, by the following vote: ~ City orney AYES: Barrett, Harris, Nau, Vice Mayor Rabbitt, Mayor Torliatt NOES: None ABSENT: Freitas, O'Brien ABSTAIN: None ATTEST: City Clerk Resolution No. 2008-146 N.C.S. Page 2 EXHIBIT "A" VACATION OF A PORTION OF PUBLIC UTILITY EASEMENT SITUATE IN THE CITY OF PETALUMA, COUNTY OF SONOMA, STATE OF CALIFORNIA. BEING A PORTION OF THE LANDS OF G STREET ASSOCIATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AS DESCRIBED BY DEED RECORDED UNDER DOCUMENT NUMBER 2004-143007, ALSO BEING A PORTION OF PARCEL 4 AS SHOWN UPON THAT CITY OF PETALUMA PARCEL MAP NO. 334, FILED DECEMBER 6, 2002 IN BOOK 642 OF MAPS AT PAGES 26 THROUGH 29, SONOMA COUNTY RECORDS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHEAST LINE OF SAID PARCEL DISTANT SOUTH 26°03'28" EAST, 5.00 FEET FROM THE EAST CORNER, SAID POINT ALSO BEING AT THE INTERSECTION OF THE SOUTHWEST LINE OF A 5.00 FOOT WIDE PUBLIC UTILITY EASEMENT; THENCE NORTHWESTERLY ALONG SAID EASEMENT LINE NORTH 64°01'51" WEST, 48.40 FEET TO THE ANGLE POINT IN SAID EASEMENT; THENCE NORTHEASTERLY AND PARALLEL WITH THE NORTHWEST LINE OF SAID PARCEL NORTH 26°03'28" EAST, 2.00 ~EET; THENCE SOUTHEASTERLY AND PARALLEL WITH THE NORTHEAST LINE OF SAID PARCEL SOUTH 64°01'51" EAST, 48.40 FEET TO THE SOUTHEAST LINE; THENCE ALONG SAID LINE SOUTH 26°03'28" WEST, 2.00 FEET TO THE POINT OF BEGINNING. CONTAINING 267 SQUARE FEET MORE OR LESS. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. ~--~ GJ HA A, III P.L.S. 7950 EXPI ION DATE 12/31/09 Jv~~ ~~, ~ DATE STEVEN J. LAFRANCHI & ASSOCIATES, INC. CIVIL ENGINEERS -LAND SURVEYORS ~ LAND PLANNERS PETALUMA MARINA BUSINESS CENTER 775 BAYWOOD DRIVE, SUITE 312, PETALUMA, CA 94954 TEL 707-762-3122 FAX 707-762-3239 05972 P U E V acat i on. d oc Resolution No. 2008-146 N.C.S. Page 3 N 26'03'28" E 59.94' R1 0 a LANDS OF G STREET ASSOCIATES, LLC DN 2004-143007 U ~ ~+ 3 M 4~ ~o S 26'03"28"' W 60.02' R1 LEGEND ® FOUND 1/2" IRON PIPE, LS 6368 R1 MAP REFERENCE 642 MAPS 5.0' ~' w I ~ _ ~ ~~~ ~ ~ o ~~~ ~ M 3 w w ~n ~n ~_ o s Z ~ N O (O N B y~ ~ n' ~ I `®d 26-29, scR COURSE DATA EASEMENT DESIGNATION Et EASEMENT DESIGNATION 1 N 26'03'28" E 2.00' E1 EXISTING 5' PUE PER R1 SF SQUARE FEET 2 S 26'03'28" W 2.00' PUE PUBLIC UTILITY EASEMENT j~ AREA OF PUE VACATION ® ~ STEVEN J. LAFR~-NCHI & ASSOCI~-TES, INC. ~ ~ CIVIL ENGINEERS -LAND SURVEYORS -LAND PLANNER ~ 12-31~~ PETALUMA MARINA BUSINESS CENTER 775 BAYWOOD DRIVE, SUITE 312 PETALUMA, CALIFORNIA 94954 ~'~'~ 707-762122 FAX 707-762-3239 ~ Z:IJOBS\Tatum-Cq~}ju~l ~&[~ig~,g~792PUEVacation.dwg