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described portion of the Easement; and (2) the Easement has been superseded by relocation, and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
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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
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PETALUMA, CALIFORNIA 94954 ~'~'~
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