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Home My WebLink AboutR-11224 terminating and abandoning a right to accept a portion of an offer to dedicate a Sewer and Bikeway EasementR 11224 RESOLUTION NO. 11224 (2021 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, TERMINATING AND ABANDONING A RIGHT TO ACCEPT A PORTION OF AN OFFER TO DEDICATE A SEWER AND BIKEWAY EASEMENT WHEREAS, Prado Business Park, known as Tract 3011, is a planned commercial development located at 301 Prado Road in the southern portion of the City of San Luis Obispo; and WHEREAS, a vesting tentative map for Tract 3011 was approved by the City Council on November 3, 2009 by Resolution No. 10124; and WHEREAS, the vesting tentative map shows a six-lot subdivision, including five commercial lots and one open space lot; and WHEREAS, the Phase 1 final map for Tract 3011 was recorded on July 28, 2014, and shows an offer of dedication of a blanket sewer and bikeway easement by separate document across a large area in the southern portion of the tract; and WHEREAS, Tract 3011 contains several areas that have been identified as federal wetlands, under the jurisdiction of the Army Corps of Engineers; and WHEREAS, site development of Tract 3011 will require grading and filling of some of the identified federal wetlands if the site is to be developed in a manner consistent with the tentative map; and WHEREAS, grading and filling of federal wetlands requires a Section 404 permit to be issued by the Army Corps of Engineers; and WHEREAS, the Army Corps of Engineers has indicated that it will issue a Section 404 permit allowing the grading and filling of federal wetlands conditioned upon the recording of a permanent wetland easement preserving approximately 0.97 acres of federal wetlands on site; and WHEREAS, the proposed location of the permanent wetland easement is within the boundaries of the offer of dedication for the blanket sewer and bikeway blanket easement described herein and as shown on the Phase 1 final map for Tract 3011; and WHEREAS, the Army Corps of Engineers will not approve the permanent wetland easement and therefore issue the Section 404 permit unless the portion of the offer of dedication for sewer and bikeway easement is terminated and the right to accept such offer abandoned from the proposed area of the permanent wetland easement; and Resolution No. 11224 (2021 Series) Page 2 R 11224 WHEREAS, terminating and abandoning the right to accept a portion of the offer to dedicate a blanket easement from the proposed wetland area will not have any negative effect on the continued development of the site and the ultimate completion of the public sewer main extension and bikeway construction. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The above recitals are true and correct and incorporated herein by this reference. SECTION 2. Pursuant to Section 7050 of the California Government Code and Section 8300 et seq. of the California Streets and Highways Code, this Council finds and determines that a portion of an offer of dedication for sewer and bikeway purposes as shown on Phase 1 of Tract Map 3011, in the City of San Luis Obispo, County of San Luis Obispo, State of California as recorded in Book 34 of Tract Maps at Pages 68-70 in the Office of the County Recorder of said County, and recorded by separate document, as being more particularly described as shown on Exhibit A attached hereto and incorporated herein, is not necessary for present or future sewer or bikeway purposes. SECTION 3. This Council hereby orders the summary vacation of said portion of offer of dedication subject to: 1. A final exhibit provided to the City of San Luis Obispo showing the ultimate configuration of the area in which the offer to dedicate is terminated and the right to accept is abandoned, as endorsed by the Army Corps of Engineers. 2. The Director of Community Development’s approval of the final legal description and plat of the area in which the offer to dedicate is terminated and the right to accept is abandoned based on the design for sewer and bikeway facilities with consideration of the final review and approval by the Army Corps of Engineers. Resolution No. 11224 (2021 Series) Page 3 R 11224 SECTION 4. Upon notification from the Director of Community to the City Clerk that the conditions prescribed in Section 3 have been met, the City Clerk shall cause a certified copy of the Resolution of Abandonment, duly attested under the seal of the City, to be recorded in the Office of the San Luis Obispo County Recorder. Upon motion of Council Member Marx, seconded by Vice Mayor Stewart, and on the following roll call vote: AYES: Council Member Christianson, Marx, Pease, Vice Mayor Stewart, and Mayor Harmon NOES: None ABSENT: None The foregoing resolution was adopted this 16th day of February 2021. ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ___________________________. ____________________________________ Teresa Purrington City Clerk EXHIBIT E‐1 LEGAL DESCRIPTION WETLANDS OPEN SPACE EASEMENT A PORTION OF THE REMAINDER LOT OF TRACT 3011 – PHASE 1, AS SHOW ON THE MAP RECORDED IN BOOK 34 OF MAPS AT PAGES 68‐70 IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, MORE PARTICULAR DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY MOST CORNER OF THE REMAINDER LOT OF TRACT 3011, RECORDED IN BOOK 34, PAGES 68‐70 OF MAPS; THENCE NORTH ALONG THE EASTERLY LINE OF SAID REMAINDER LOT, NORTH 1°16’05” EAST, 15.00 FEET; THENCE LEAVING SAID EASTERLY LINE, NORTH 87°56’58”W, 45.00 FEET, TO THE TRUE POINT OF BEGINNING; THENCE WESTERLY PARALLEL WITH AND 15.00 FEET NORTHERLY OF THE SOUTHERLY LINE OF SAID REMAINDER LOT, NORTH 87°56’58” WEST, 238.22 FEET; THENCE NORTH 47°08’22” WEST, 37.90 FEET, TO THE EASTERLY LINE OF A 10 FOOT EASEMENT, RECORDED BOOK 303, PAGE 159 OF OFFICIAL RECORDS; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID 10 FOOT EASEMENT, NORTH 2°35’18” EAST, 128.20 FEET, TO THE NORTHERLY LINE OF THE OPEN SPACE DESCRIBED IN “B‐1” AND SHOWN ON “B‐2” ATTACHED HERETO; THENCE ALONG THE NORTHERLY LINE OF SAID OPEN SPACE EASEMENT, NORTH 56°37’53” EAST, 14.62 FEET; THENCE CONTINUING ALONG THE NORTHERLY LINE OF SAID OPEN SPACE EASEMENT, NORTH 55°44’31” EAST, 101.75 FEET; THENCE CONTINUING ALONG THE NORTHERLY LINE OF SAID OPEN SPACE EASEMENT, NORTH 37°15’30” EAST, 36.33’, THENCE CONTINUING ALONG THE NORTHERLY LINE OF SAID OPEN SPACE EASEMENT, SOUTH 88°01’35” EAST, 67.57 FEET; THENCE CONTINUING ALONG THE NORTHERLY LINE OF SAID OPEN SPACE EASEMENT, SOUTH 81°28’24” EAST, 47.96 FEET; THENCE CONTINUING ALONG THE NORTHERLY LINE OF SAID OPEN SPACE EASEMENT, SOUTH 42°28’50” EAST, 46.65 FEET, TO THE WESTERLY LINE OF A PUBLIC UTILITY EASEMENT, RECORDED JULY 28, 2014, AS INSTRUMENT NUMBER 2014‐030185; EXHIBIT A THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID PUBLIC UTILITY EASEMENT, SOUTH 1°16’05” WEST, 212.81 FEET, TO THE TRUE POINT OF BEGINNING. CONTAINING APPROXIMATELY 58,954 SQUARE FEET THE ABOVE DESCRIBED PROPERTY IS GRAPHICALLY SHOWN ON EXHIBIT “E‐2” ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE.