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Home My WebLink AboutRESOLUTION 2024-114 N.C.S. 09/16/2024 Docusign Envelope ID:492CF6C7-3C9A-449F-8AOB-FF7C50575E8E Resolution No. 2024-114 N.C.S. of the City of Petaluma, California RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA ADOPTING THE SUMMARY VACATION OF THE 1-FOOT-WIDE NON-ACCESS PUBLIC EASEMENT FRONTING BERGER LANE,LOCATED AT 755 PAULA LANE, ON ASSESSOR PARCEL NUMBER 150-043-024 WHEREAS, the City has received a formal request from the property owner of 755 Paula Lane to vacate a 1-foot-wide non-access public easement that fronts Berger Lane; and WHEREAS,the City's Department of Public Works and Utilities has reviewed this proposal and determined that the described public easement proposed for vacation is no longer necessary for the purposes for which they were originally recorded, nor are they necessary for present or prospective public service purposes; and WHEREAS, the provisions of Chapter 4, commencing with Section 8330 of the California Streets and Highways Code, and more specifically Section 8333(a), authorize the Council to summarily vacate a public service easement that has not been used for the purpose for which it was dedicated for five consecutive years immediately preceding the proposed vacation, or there are no existing in-place public utility facilities in use that would be affected by the vacation; and if so under these provisions, only one Council action is necessary and a published notice,posting, and a public hearing are not required; and WHEREAS, the proposed vacation of the public easement is categorically exempt from review under the California Environmental Act pursuant to Title 14 California Code of Regulations Sections 15061 and 15305 as a minor alteration in land use limitations in that the vacation would remove City street interests that encumber the Developer's fee title to the underlying property and would not result in the creation of any new parcel. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma hereby: 1. Finds that the above recitals are true and correct and are incorporated herein as findings by this resolution. 2. Make the following findings with substantial evidence: a. This project is exempt under Sections 15061 and 15305(a) of the California Environmental Quality Act (CEQA) Guidelines. Section 15061 is the common-sense exemption as there is no possible significant effect directly related to the summary of vacation of easements as the easements have not been used in the past, and there are no prospective uses for the easements;therefore,no further action is required under CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines. Section 15305(a),the Class 5 exemption, as a minor alteration in land use limitations,that the vacation would remove City Street interests that encumber the Developer's fee title to the underlying property and would not result in the creation of any new parcel. The proposed project meets the criteria noted above. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2, apply to this project. Additionally, the proposed easement vacations are part of the Project, which was previously reviewed for CEQA compliance by the City Council on April 4, 2005, when the City Council approved the Mitigated Negative Declaration by Resolution 2005- 053; and Resolution No. 2024-114 N.C.S. Page 1 Docusign Envelope ID:492CF6C7-3C9A-449F-8AOB-FF7C50575E8E b. The non-access public easements as described are not required now or in the future for public service purposes and have not been used for public service purposes for the past five years; and c. There are no known other public facilities or utilities located within the area to be vacated. 3. Based upon the findings made in item 2 of this resolution and the provisions of Section 8333 of the Streets and Highways Code, the City Council does hereby order that the non-access public easement, as shown in Exhibit`B"Public Easement Vacation, are summarily abated. 4. The City Clerk shall cause a certified copy of this resolution, including Exhibit A, and attested under seal, to be recorded in the office of the County Recorder of Sonoma County and return one copy to the Community Development Department and the Engineering Division of the Public Works Department for their respective files. 5. The non-access public easements depicted and described in Exhibit B will no longer constitute a non-access public easement from and after the date of recordation of the documents identified in item 4 of this resolution. 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 Approved as to DocuSigne by: Council of the City of Petaluma at a Regular meeting on the 16"day of LLR0481) l`orm: September 2024,by the following vote: City Attorney AYES: McDonnell,Barnacle,Cader Thompson,Healy,Nan,Pocekay,Shribbs NOES: None ABSENT: None ABSTAIN: None DocuSigned by: Signed by: � ATTEST: �l G0bin In11 t FE316449A062476... City Clerk Mayor Resolution No. 2024-114 N.C.S. Page 2 Docusign Envelope ID:492CF6C7-3C9A-449F-8AOB-FF7C50575E8E WHEN RECORDED RETURN TO: City of Petaluma Office of City Clerk 11 English Street Petaluma, Ca 94952 VACATION OF PUBLIC NON-ACCESS EASEMENT Free Recording —Government Code 72383 R&T 11922 Deed To Public Agency, -0- Transfer Tax Due Pursuant to a public hearing held the City Council of the City of Petaluma approved the vacation and adopted the attached Resolution 2023- N.C.S. for the vacation of the 1-foot-wide Non-Access Public Easement being more particularly described on Exhibit A, and graphically depicted on Exhibit B attached hereto and made a part of. Said easement encumbers the lands of Anne Marie Eskilsson, Trustee Under The Jeppe N. Eskilsson Trust Agreement dated October 28, 2013, as described by Deed recorded under Document Number 2014-009140, Sonoma County Records. APN: 150-043-024 By: Date: Anne Marie Eskilsson, Trustee CERTIFICATE OF ACCEPTANCE In Witness Whereof, the City of Petaluma, a municipal corporation, has executed this vacation as of the date first written above. CITY OF PETALUMA, a municipal corporation By: Date: Peggy Flynn, City Manager Docusign Envelope ID:492CF6C7-3C9A-449F-8AOB-FF7C50575E8E EXHIBIT "A" REAL PROPERTY LYING WITHIN THE CITY OF PETALUMA COUNTY OF SONOMA, STATE OF CALIFORNIA AND DESCRIBED AS FOLLOWS: BEING A VACATION OF THAT 1-FOOT-WIDE NON-ACCESS PUBLIC EASEMENT AS SHOWN AND DESIGNATED ON LOT "C" CITY OF PETALUMA PARCEL MAP NO. 76, FILED IN BOOK 223 OF MAPS, AT PAGE 27-28, SONOMA COUNTY RECORDS. APN 150-043-024 (PORTION) PREPARED IN THE OFFICE OF STEVEN J. LAFRANCHI &ASSOCIATES, INC. FROM RECORD DOCUMENTS. STEVEN J. LAFRANCHI, PLS 6368 DATE STEVEN J. LAFRANCHI & ASSOCIATES, INC. CIVIL ENGINEERS — LAND SURVEYORS — LAND PLANNERS — LANDSCAPE ARCHITECTS PETALUMA THEATRE SQUARE 140 SECOND STREET, SUITE 312, PETALUMA, CA 94952 TEL 707-762-3122 FAX 707-762-3239 Docusign Envelope ID:492CF6C7-3C9A-449F-8AOB-FF7C50575E8E EXHIBIT "B" PUBLIC EASEMENT VACATION SEE EXHIBIT "A" FOR LEGAL DESCRIPTION THIS EXHIBIT IS FOR GRAPHIC PURPOSES ONLY ANY ERRORS OR OMISSIONS ON THIS EXHIBIT SHALL NOT AFFECT THE DEED DESCRIPTION LOT E LOT 8 LOT D � LOT 7 A 1' O LOT C ESK/LSSON LOT 6 DN 2022-067996 APN 150-043-024 N n D Z m O LOT B Q1 IV LOT 5 0' C � I � 0 60 120 V V %, LOT 4 MELODY MANOR LOT A 107 MAPS 26-27 SCR OA 1' NON-ACCESS EASEMENT `V PER PARCEL MAP NO. 76, BOOK 223 MAPS 27-0 SCR, PARCEL LOT 3 TO BE VACATED 28 MAP NO. 76 223 MAPS LEGEND 27-28 SCR DN DOCUMENT NUMBER APN ASSESSOR'S PARCEL NUMBER LOT 2 SCR SONOMA COUNTY RECORDS COMBINED PER PARCEL MAP NO. 76, 223 MAPS 27-28, SCR EXISTING 1' NON-ACCESS LOT 1 EASEMENT PER PARCEL MAP NO. 76, 223 MAPS 27-28, SCR STEVEN J. LAFRANCHI & ASSOCIATES, INC. CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS - LANDSCAPE ARCHITECTS PETALUMA THEATRE SQUARE 140 SECOND STREET,SUITE 312 PETALUMA,CA 94952 707-762-3122 FAX 707-762-3239