HomeMy WebLinkAboutR-9102 Intention to Abandon a Portions of Olive & Morro Streets'J
RESOLUTION NO. 9102 (2000 Series)
CITY OF SAN LUIS OBISPO CITY COUNCIL RESOLUTION OF
INTENTION TO ABANDON A PORTION OF THE OLIVE STREET
(FORMERLY FIG STREET) RIGHT -OF -WAY AND TO ABANDON THE
FULL MORRO STREET RIGHT -OF -WAY, BETWEEN STENNER
CREEK AND U.S. HIGHWAY 101, (ABAN 83 -99)
WHEREAS, the City of San Luis Obispo Planning Commission conducted a regular
public hearing on July 26, 2000, for the purpose of making a General Plan determination and
formulating a recommendation to the City Council on a request for partial abandonment of the
Olive Street (formerly Fig Street) right -of -way (R/W) between Morro Street and the U.S. 101
southbound onramp, and for a full abandonment of the Morro Street R/W between Stenner Creek
and U.S. Highway 101;
WHEREAS, a title report prepared by First American Title Company shows that the City
of San Luis Obispo has fee ownership of land underlying a portion of the Olive Street R/W, and
the City has received a request to sale or trade said property; and
WHEREAS, the sale or trade of City -owned property must be done in accordance with
the City Charter (Section 906), the California Government Code (Sections 54222 and 65402) and
the procedures of the City's Property Management Manual; and
WHEREAS, the City Planning Commission found that the proposed right -of -way
abandonment was consistent with the City's General Plan, and recommended that the City
Council approve the abandonment and direct the sale of the City -owned property, based on
findings, and subject to conditions as indicated in Planning Commission Resolution 5295 -00,
incorporated herein by reference;
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Action - Intention to Abandon. It is the intention of the City of San Luis
Obispo to abandon a the above - referenced public right -of -ways as shown on the map marked
Exhibit "A ", attached hereto and incorporated herein by reference, pursuant to Section 8300
et.seq. of the State of California Streets and Highways Code, and that the abandonment shall be
based on the following findings, and subject to the following conditions:
Findings:
1. The proposed right -of -way abandonment is consistent with the General plan because it will
continue to service public needs with reservation of permanent easements for a bike /pedestrian
path, creek assess and maintenance, and public utilities.
R 9102
City Council Resolution No.9 102 (2000 Series)
Page 2
2. The existing public right -of -way is wider than necessary to serve public circulation, utility and
creek access /maintenance needs.
3. The street easement is unnecessary for present and prospective public use.
4 The proposed right -of -way abandonment is categorically exempt from environmental review
under Section 15301 of the California Environmental Quality Act.
5. According to the title report prepared by First American Title Company, Rajni Desai et.al. owns
all of the properties surrounding this City -owned property and is the most logical party to
purchase the property because the abandonment will not create a separate buildable lot given
this property's small size, irregular shape and proximity to the freeway.
Conditions:
If the Council determines that all or a portion of any "excess" right of way should be
abandoned, easements must be reserved for public water, sewer and storm drain systems,
pedestrian/bike access, creek assess and maintenance; and the reservation of easements for
public and private utilities to the satisfaction of the City, Caltrans and the respective utility
companies. Specific details will be determined during the abandonment process, prior to
adoption of a final abandonment resolution by the City Council.
2. No buildings or support structures will be allowed within the easements, other than paving
and specifically approved landscaping.
3. A lot line adjustment or lot merger shall occur prior to recordation of a final abandonment
resolution to eliminate landlocked parcels. Any needed private utility easements and/or
necessary utility service adjustments shall be provided, as determined by the Utilities
Department and Chief Building Official.
4. The applicant shall enter into an agreement to purchase the City -owned property at a fair market
value based on valid appraisal. Final abandonment shall become effective upon the sale or
trade of any City-owned property underlying the public right -of -way.
SECTION 2. Copies of the map showing the particulars of the proposed abandonment
are on file in the office of the City Clerk, at 990 Palm Street.
SECTION 3. Tuesday, November 21, 2000, at 7:00 p.m. in the Council Chamber of the
City Hall, 990 Palm Street, San Luis Obispo, California is the time and place set for hearing all
persons interested in or objecting to the proposed abandonment, which time is more than fifteen
(15) days from the passage of this resolution.
City Council Resolution No: y102 (2000 Series)
Page 3
SECTION 4. This resolution, together with the ayes and noes, shall be published once in
full at least ten (10) days before the public hearing on the proposed street right -of -way
abandonment, in The Tribune, a newspaper published and circulated in this city.
SECTION 5. The City Engineer shall post at least three (3) notices of the proposed
abandonment in prominent locations near the portion of the street right -of -way to be abandoned
at least fourteen (14) days before the date set for the hearing in accordance with Section 8322 of
the Streets and Highways Code.
SECTION 6. The City Engineer shall notify utility companies affected by the proposed
abandonment within ten (10) days after adoption of the Resolution of Intention in accordance
with Section 8347 of the Streets and Highways code.
On motion of Council Member Romero, seconded by Council Member Ewan, and on the
following roll call vote:
AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz, and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 3'd day of October 2000.
Mayor Allen Settle
City Clerk Lee Price
APPROVED:
i tto ey J rey . Jorgensen
Attachment:
Exhibit "A" - Street. right-of-way Abandonment. Map
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Resolution No. 910.2 (2000 Series)
Exhibit "A"
ABANDONMENT AREA
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