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Home My WebLink AboutStaff Report 5.C 12/3/2012 AgRAiv WItewv#5.0 cc AL`)tr4 �8se DATE: December 3,:2012 TO Honorable Mayor and Members'of the city Council through City Manager FROM: Dan St. John, F,ACSE—T Director, Public Works and Utilities Curtis M. Bates,P.E. — City Engineer SUBJECT: Resolution Ordering the,Vacation of a Portion bfan.Existing Public Sewer Easement on Assessor Parcel Numbers 007-380-005,and,007-380-027. RECOMMENDATION. , It is recommended that the City Council adopt'the attached resolution ordering the vacation of a portion of an existing public sewer easement on assessor parcel numbers 007-380-005 and 007- 380-027. , BACKGROUND The subject public sewer easement was,dedicated to the City of Petaluma in 1983 (Document Number 1983-04690).to accommodate a public!sewer main operated'by the City of Petaluma. The sewer line currently collects wastewater from the medical•offces on Lynch Creek Way and will ultimately serve the Deer Creek-Plaza Shopping Center. The,City-Council approved the Final Environmental Impact Report'for the Deer Creekiplazaproject on April 2, 2012 and the Planning Commission approved the site-plan and architectural review (SPAR) August 14, 2012. The Planning Commission found, as part of Resolution 2012-13`, that the vacation of the existing sewer easement is consistent with the City's General Plan policy 8-G-4:in that the existing sewer line and corresponding easement will be replaced by the developer, Merlone Geier, as part of the Deer Creek Plaza Shopping Center. A vacatiomof an easement-requires approval by City Council. - This proposal has.been+referred to the necessary public utility companies for input. Staff has received notificatioir-from;these companies that there are no objections to the vacation and no existing utilitieswithin'the area to be vacated as well as no planned utilities other than what is necessary for development of the Deer Creek Plaza Shopping Center. DISCUSSION Vacation (abandonment)'of public streets is governed.by%California;Streets and Highways Code, Division 9, Part-3, Chapter,3, Sections 8300 et seq. A notice-of the hearing onthe proposed Agenda Review: e 1 City Attern _ew_ . Finance Director ,' City-Manager-- 1— • , vacation was published in the_Argun Courier and posted.on=site as required by California State law. Public notice was-mailed to properties within-a 1000-foot radius of the Deer Creek Plaza Shopping Center site plus those onthe interested parties-list.'The,abandonment is exempt from the California Environmental Quality Act (CEQA) under section 15301 of the CEQA Guidelines. In order to approve the vacation, the.City.Council must find the affected portion of the existing easement to be unnecessary for present.orprospective public,use. Private benefit from the vacation does not make vacation-improper, but,the vacation should.only.be approved if the easement is no longer necessary for-public user, The Streets and Highways Code does not require compensation for vacating a public service easement. The,prohibition in California Constitution, art. XVI, Section 6, on gifts of public funds has been held not-to apply to charter cities like Petalunia, according to the City Attorney because the City Charter does not address gifts of public funds.lihe.City Council is therefore free to require compensation based,ori an appraisal or other amount-based on general policy and any special circumstances applicable to this application. The public service easement to be vacated will be re-dedicated in a different location at a later date that is compatible with the Deer Creek development after,the project developer replaces the existing-sewer main Should the City Council decide to approve the proposed vacation, the Council;may set the terms and conditions for the vacation, including an appropriate amount of compensation from the applicant, if any However,because the easemeritrand.sewer will be replaced-in-kind,staff recommends that the City Council not require compensation. The proposed action meets Council Goal: "Improve and enhance fiscal stability and sustainability". FINANCIAL IMPACTS The City has received a depositof.$1;134.00 from the applicant for processing costs. Through October 2012, staffand legal fees spent on the project totaled$340.00, leaving a balance of $794.00. ATTACHMENTS 1. Draft Resolution 2. Exhibit A— ]egal',description and plat of area to be vacated' 2 Attachment 1. • • DRAFTRESOLUTION NO. NCS RESOLUTION ORDERING THE VACATION OF A PORTION OF AN EXISTING PUBLIC SEWER EASEMENT ON ASSESSOR PARCEL NUMBERS 007-380-005 AND 007-380-027- WHEREAS, pursuanttoYSections 8300 et seq. of the California Streets and Highways Code, applicant Merlone Geier requests that the City Council vacate:a portion of an existing public sewer easement on assessor parcel numbers 0077380=005 and097-380-027; and WHEREAS, the portions iof public sewer easement to be vacated will be re-dedicated at a later date by the project developer, Merlone Geier, in a different:location compatible with the Deer Creek Plaza Shopping Centez=development; 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 sewer easement hereinafter described is unnecessar •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.ofexisting 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'rand Highways Code, including•but not.limited to Streets.and Highways Code Section 8333, that the public sewer easement described in 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 condition: 1. If the vacation resolution is-not:recorded within'_two years 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 ofthe'Recorder of Sonoma&County, California. 1 3 • Attachment 2 • EXHIBIT"At- PORTION OF SANITARY SEWER'EASENIENTTO BE ABANDONED (OFFICIAL;RECORDSI83004691) All that certain property situate:in the City of Petaluma;County of Sonoma, State of California and more particularly described as follows: Being a Portion of Parcel 2and.Parcel 3,as shown on that certain map entitled-Parcel Map No. 170",filed in the Office of the County recorder of Sonoma County, State of California,on December 24„1980 in-Book316.Maps,at page 19,Sonoma County Records and more particularly described as follows: Being a strip of land of a uniform,width of 10,00 feet the centerline of which is more particularly described as follows: BEGINNING.at a point on the southeast line of said Parcel 2,said point bearing North 35°33' 02"East 220.17-feet from the"most southerly corner of said Parcel 2;thence from said POINT OF BEGINNING entering said.Parcels 2&13,the following courses North 56°401 1 10"West 49337 feet.South 35°33 02"West 165.12,feet,North 56°40"10'West 75:90 feet to the point of terminus of the centerline herein being.described: The above described parcel being bounded on its easterly-terminus by said southeast line of said Parcel 2,and bounded on its westerly terminus at right angles to the centerline! Paget of 3- Wh&AA oA0 P 1W WV W70SO&flf o7-v SSE auez. 4 • • • The.Basis of Bearings for this description is North 54°26'.58"West between record monuments along the centerline of North':McDowell'Boulevard shown on the aforementioned Parcel Map No. 170. Prepared by: (A-.P.Nos. 007-380-005&027.aportion of CSW/STUBF,R-STROEHENGINEERING GROUP,INC. DRAFT _ Date File:5.967.05 Date:July 19,2012 Page 2 of 3 1waautieHnemwrms ei°sixaioiam.iasss.oraa. 5 Graphic Scale. (in feet) 3o0 0 300 MC is ,„ .,fl ®_1 inch = 300ft. _...,_ _ '----L---\v , j.. 4 ' A A ii 1 r `,, \✓yam fj 1 NOR_TH_MCDOWE_LL_B _] 1.__._-- °------------_.._--- O BLVD.. 554 26 58"E.. ---- -T > N54'26 581N 809.79 / `488.00' 1 Yom, r (P%5 4c 3 �N 1 c‘! 312 Maps 19) 6, 1 Yi Zi Ins CO A 007-380-027 i (PARCEL!. 2 m tut , � ! I� 4,1 316.iLlaps i9) W U, -----.--up 10' WIDE EASEMENT FOR ' Ni APN.007 380 7005 �o I= SEWER`.CONSTRUCTION nl • 0, -- - III AND MAINTENANCE `•9 "� III _, (DN83004691) zl I �I tO LL' PORTION TO I N56'4{0'10'W- - ' ----- �� i12) f REMAIN 493.37' S N35 \j` 2 53533'02"tN - 73517,-- E i 165.12' 1220.1 7 I - -r 484:86` t- �. I J N543503"W," 61607_ - 'Ifi.' 400.45''N56'40;1 0"W 1100:93' POB O U.S. `FREEWAY 101 756'40"40"W 75.80' PORTION TO BE POINT OF TERMINUS ABANDONED ' LINE,,TABLE • LINE BEARING LENGTH LINE BEARING LENGTH OS S34'07'35"E 28.79' 0 N53'12'45141 77,56' 0 554'26'58"E 100.00' • S54'26158"E 100:25' 0 S74'46'21'E 28:79` • O N35'33102"E 150:00' 0 ,N35'33'027E , 3.00' QQ S54.26'58t ,24.57' i Page:3 of 3 Rev. X _ -Date 07/19/20121 Job No'-5.967.05 !I Scale 1"=300' C'IWIST, 2 — CSW/Stuber-Stroeh Engineering croup,Inc._ ugrra"n.v 11 b I,°�:,:� r r N..y,.a,m,1PpM1,,:. 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