HomeMy WebLinkAboutResolution 2012-021 N.C.S. 03/05/2012 Resolution No. 2012-021 N.C.S.
of the City of Petaluma, California
ORDERING THE SUMMARY VACATION OF A FIFTEEN-FOOT WIDE
PUBLIC STORM DRAIN EASEMENT AT 1800 SOUTH MCDOWELL
BOULEVARD EXTENSION, LOT 7, CADER LANE INDUSTRIAL PARK,
PETALUMA, CALIFORNIA, APN: 005-290-011
WHEREAS, pursuant to Sections 8300 et seq. of the California Streets and Highways Code,
applicant RNM Petaluma, Inc. (RNM) requests the City Council summarily vacate the 15-foot wide
public utility easement at 1800 South McDowell Boulevard Extension, APN: 005-290-011, shown in
Exhibit A; and,
WHEREAS, the public utility easement has not been used for the public utility purposes for
which it was granted for more than five consecutive years immediately preceding this action; and,
WHEREAS, RNM has offered for dedication a new public storm drain easement satisfactory to
the City and has constructed a re-routed public storm drain line in that 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 utility 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; 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, including but not limited to Streets and Highways Code Section
8333, that the right-of-way described in Exhibit B 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
condition:
Resolution No. 2012-021 N.C.S. Page 1
1. 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 cenify the foregoing Resolution was introduced and adopted by the A pilled as to
Council of the City of Petaluma at a Regular meeting on the 55 day of March.2012, 11111:
by the following vote:
City ttorney
AYES: Albertson.Barrett. Mayor Glass.Barris. Healy. Kearney, Vice Mayor Renee
NOES: None
ABSENT: None
ABSTAIN: None �/
ed
ATTEST: � di a.e.. 4
City Clerk Mayor
Resolution No. 2012-021 N.C.S. Page 2
Exhibit.A to Resolution 2012-021 N.C.S.
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order: 2 Count:
Resolution No. 2012-021 N.C.S. Page3
Exhibit B to Resolution 2012-021 N.C.S.
LEGAL DESCRIPTION
15' PUBLIC STORM DRAIN EASEMENT
• LOTS 7 & 8,CADER LANE INDUSTRIAL PARK
PREPARED OCTOBER 8,2001
• A 15-foot Public Storm Drain Easement for drainage purposes, being a portion of Lots 7 & 8 as shown and
designated upon that certain map entitled"Cader Lane Industrial Park" filed April 20, 1992 in Book 494 of Maps
at Pages 7 thru 9, Sonoma County Records, the centerline of said 15-foot easement being more particularly
described as follows:
Commencing at a point on the southerly right of way of South McDowell Boulevard,being the common corner of
said Lots 7& 8; thence easterly along said right of way, being a curve to the left, with a radius point which bears
North 19°21'14"East,2,032.00 feet,and has an internal angle of 00° 12'42",a distance of 7.51 feet,to the Point
ofBeginning of-said centerline;thence froth said.Point of Beginning,South 21° 33' 00" West,25.02 feet; thence
South 87°30'29"West, 177.20 feet;thence South 20°00'29"West,33.18 feet to a tangent curve to the left,having
a radius of 500.00 feet and an internal angle of 15° 53'33";thence along said curve 138.69 feet;thence South 04°
06'56"West,48.16 feet to the southerly property line of said Lot 8 and end of said 15-foot Storm Drain Easement.
Legal Description Prepared By: BAECHTEL HUDIS INC.
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By �� 7/18/02 fESS1
Gordon Baechtel,R.C.E.20160 Date • , 4Ro
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Resolution No.2012-021 N.C.S. Page 4