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HomeMy WebLinkAboutR-9132 Abandonment Determination for Portions of Olive & Morro Streets0 Recording requested by and when recorded mail to: City Clerk 990 Palm Street San Luis Obispo, CA li Doc No: 2000- 0119061'V Rpt No: 00093378 Official Records ;NF -1 0.00 San Luis Obispo Co. ; Julie L. Rodewald ; Recorder ; Dec 04, 2000 ; Time: 13:01 ; j j � 93401 L : -- -,- 4J _ -- - ' TOTAL- —0.00 RESOLUTION NO. 9132 (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT PORTIONS OF OLIVE AND MORRO STREETS, ARE UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING ABANDONMENT, SUBJECT TO RESERVATION OF SPECIFIC EASEMENTS AND SUBJECT TO THE SALE OF EXCESS CITY RIGHT OF WAY. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with the public hearing duly held on November 21, 2000, pursuant to Section 8300 et seq. of the California Streets and Highways Code, this Council finds and determines that portions of Olive (formerly Fig) and Morro Streets [between Highway 101, Chorro St., Stenner Creek and Olive St. (formerly Osos St.)], as described and shown on Exhibit "A ", attached hereto and incorporated herein, is not necessary for present or future public street purposes. SECTION 2. This Council has determined that the Olive St. right of way, within the nrnnncF-r1 nhnndonn?ent area, is hereby deemed to be "excess property" and may be quit - claimed only to the adjacent property owner upon receipt of payment of fair market value, to the satisfaction of the City Administrative Officer. SECTION 3. This Council hereby orders the abandonment of said right -of -way subject to: A. Reservation of a blanket easement for public utilities, City sanitary sewer and water mains and appurtenances, and storm drainage purposes over the entire Olive St. abandonment area. An alternate reduced easement area may be approved by the Community Development Director and Public Works Director, if adequate provisions are made to accommodate-and/or relocate any such facilities, prior to recordation of this resolution. B. Reservation of a blanket easement for drainage purposes over the Morro St. abandonment area. C. Reservation of an easement for public pedestrian and bicycle purposes, over the southeasterly 30 ft. of the Olive St. abandonment area and extended over the adjacent portion of Morro Street. R 9132 > Y r 0 0 Resolution No. 9132 (2000 Series) Page 2 D. Recordation of a Lot Line Adjustment or Lot Merger, to the satisfaction of the Community Development Director. E. The Applicant shall pay fair market value for the excess City-owned Olive St. right of way, to the satisfaction of the City Administrative Officer, prior to recordation and effectiveness of this resolution. Sale of the City-owned parcel is subject to the applicant granting an offsite easement, within the adjacent southwesterly parcel, for public pedestrian, bikeway and creek access purposes, to the satisfaction of the Public Works Director. F. Items 3 D and 3 E must be met within one (1) year of this date or this resolution will expire and be null and void. SECTION 3. Upon written notification to the City Clerk by the Director of Public Works that the conditions prescribed in Section 3. D, E & F have been met, the City Clerk shall cause a certified copy of this Resolution of Abandonment, duly attested under the seal of the City, to be recorded in the Office of the San Luis Obispo County Recorder. On motion of Vice Mayor Schwartz, seconded by Council Member Marx, 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 21" day of Novemb 000. Allen K. Settle, Mayor ATTES L&Rr,ic ', "City Clerk APPROVED AST FORM: ,06WEXir ge en, ity Attorney 0 EXHIBIT A — Sheet 1 of 2 OResolution No. 9132 Exhibit A Page 1 of 2 LEGAL DESCRIPTION OF OLIVE STREET (FORMERLY FIG ST.) AND MORRO STREET ABANDONMENTS Parcel 1 Those portions of Lots 3 and 4 of Block 73 as shown on the map of Harris and Ward's Survey of the Town of San Luis Obispo, filed May 1, 1978 in Book A, Page 168 in the office of the County Recorder, and of Morro Street and Olive St. (formerly Fig Street) in the City of San Luis Obispo, County of San Luis Obispo, State of Californian according to the official map Filed in the office of the County Recorder of said County, particularly described as follows: Beginning at the Northeasterly corner of said Lot 4 of Block 73, according to the above said official map; thence along the Northwesterly line of said Lot 4, S. 54 007'40" W., 60.00 feet; thence S.14 °01'05" E, 80.81 feet; thence S. 10 °54' 12" W, 77.04 feet; thence S. 41 °29'30" W.,.100.57 feet to a point on the Northwesterly line of said Fig Street; thence along said Northwesterly line of Fig Street, S. 54 007'40" W., 46.87 feet to the most Southerly corner of said Block 73; thence S. 9'10'25" W., 70.65 feet to a point on the Westerly line of the above said Morro Street; thence N. 49057'25 E., 114.24 feet; thence N. 45 028'30" E., 82.15 feet; thence along a curve to the left with a radius of 163 feet; through an angle of 52 °36'50 ", for a distance of 149.68 feet to a point of compound curve; thence along a curve to the left, with a radius of 103 feet; through an angle of 14 °26'50 ", for a distance of 25.97 feet; thence N. 21 °43' W., 74.58 feet to the point of beginning. Parcel 2 Those portions of Morro St. and Olive St.. (formerly Fig St.) rights of way lying adjacent to Blocks 71 & 73, as shown on the map of Harris and Ward's Survey of the Town of San Luis Obispo, filed May 1, 1978 in Book A, Page 168 in the office of the County Recorder of said County in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to the official map filed in the office of the County Recorder of said County, lying northwesterly of State Highway 101; excepting those portions. of Olive Street described in Parcel 1, . herein. ' Reserving from Parcels 1 and 2, those certain easements shown on Exhibit A, Sheet 1 of 2, and described in Section 3A., B. & C. of the Resolution of Abandonment. .;,f yur' 3 `tip a tl P I 0 V I i 46.77' ABANDONMENT OResolution No. 9132 Exhibit A OLIVE ST. (Abandoned) CO 553'03'13 "W 721.95' W Z 73.23' m to o rn A.,, r O_ p 00 v O m f N53- 02'48 "E ,CV . Z 73.14' I i 46.77' ABANDONMENT OResolution No. 9132 Exhibit A OLIVE ST. (Abandoned) 553'03'13 "W 553'03'13 "W 721.95' W Z 73.23' m w 0! U p o rn O� O_ p 00 v O m f N53- 02'48 "E 0 Z 73.14' (P W 71 N i < D A A 00 S73U2 4C'Ov 73.14' P. 0. B. n O C < D A A 00 S73U2 4C'Ov 73.14' P. 0. B. n O C q O 0 U - V/ rf ,ry .o.. O '00 \b9 ((^^O V vJ N49S7ozbt Exhibit n/`1n 11424 HIGHWAY 101 Right —of —Way SHEET 2 of 2 II��IIIIII����I�I! 1 III City or OLIVE ILOX MORRO STREETc �IIA II San lins omp0 ABANDONMENT ' Public Works Department Resolution No. 9102 (2000 Series) 955 Morro Street, Son Luis Obispo, CA 93402 END OF DOCUMENT