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Home My WebLink AboutD-1599 Abandonment of Court Street between Monterey and Higuera Recorded 11/05/2003r -RECORDING REQUESTED BY: Cuesta Title Company Escrow No. 104553 -JH Title Order No. 00104553 When Recorded Mail Document To: City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 RESOLUTION NO. 9361 (2002 SERIES) I p ).s99 LO JULIE RODE VU Recorder San Luis Obispo County clerk) 1110512003! g :00 AM Recorded at the request of Cuesta Title Company D o C #: 2003128864 Titles: 1 Pages: 6` Fees 0.00 Taxes 0.00 Others 0.00 PAID $0.00 RESOLUTION NO. 9361 (2002 SERIES) I p ).s99 city of s Luis oBispo 990 Palm Street, San Luis Obispo, CA 93401 -3249 CERTIFICATION I, Lee Price, City Clerk, do hereby certify that the foregoing is a true and correct copy of Resolution No. 9361 (2002 Series) relating to the abandonment of Court Street, between Monterey and Higuera Streets, in San Luis Obispo, California. Said resolution was adopted by the San Luis Obispo City Council at their regular meeting of September 3, 2002. DATE: WITNESS MY HAND AND THE SEAL OF THE CITY OF SAN LUIS OBISPO October 27, 2003 �`✓— ` l� `' �f. Lee Price, C.M.C. City Clerk OThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. �,, Telecommunications Device for the Deaf (805) 781 -7410. Recording requested by and when recorded mail to: City Clerk 990 Palm Street San Luis Obispo, CA 93401. RESOLUTION NO. 9361 (2002 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT COURT STREET, BETWEEN MONTEREY AND HIGUERA STREETS, IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING ITS ABANDONMENT, SUBJECT TO RESERVATION OF SPECIFIC EASEMENTS. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with a public hearing duly held on September 3, 2002, pursuant to Section 8300 et seq. of the California Streets and Highways Code and a finding of General Plan consistency, that this Council finds and.determines that Court Street, between Monterey and Higuera Streets, as described and shown on the map marked "Exhibit A ", attached hereto and incorporated herein, is not necessary for present or future public street purposes. SECTION 2. This Council hereby orders the abandonment of said right -of -way subject to the following: 1. Reservation of an easement over the southwesterly twenty -five (25) feet of the abandoned right of way for public pedestrian access, public and private utilities, emergency access, ingress and egress to buildings on the adjacent properties and private drainage purposes, and a "public" drainage easement is reserved for that portion of the under -city culvertlbridge (San Luis Obispo Creek) that lies within the abandonment area, as shown on said "Exhibit A ". The northerly line of this easement is five (5) feet northerly of the existing outside wall of the culvert, and "Reserving to Pacific Gas and Electric Company, the right from time to time to install, maintain, repair, operate, replace, remove and renew underground wires and other structures, equipment and fixtures for the operation of said facilities within said easement" 2. All utility relocations, conversion of utilities from public to private, and meter relocations shall be completed prior to recordation of abandonment, unless an agreement to construct the necessary revisions and acceptable surety has been posted, to the satisfaction of the Public Works Director, Utilities Director, Chief Building Official and affected utility companies. R 9361 Resolution No. 9361 (2002 Series) Page Two 3. Any building code upgrades required for the proposed abandonment and adjusted property lines shall be reviewed, approved, permitted, and receive final inspection approvals, to the satisfaction of the City prior to recordation. 4. The abandonment shall not beeffective until the City has sold the adjacent northeasterly property to the applicant. 5. Items 1 through 4 must be met within one (1) year of this date. Otherwise, this resolution will expire and be null and void.. SECTION 3. Upon notification from the Director of Public Works to the City Clerk that the conditions prescribed in SECTION 2 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 Council Member Ewan, seconded by Vice Mayor Marx, and on the following roll call vote, AYES: Council Members Ewan and Schwartz, Vice Mayor Marx, and Mayor Settle NOES: Council Member Mulholland ABSENT: None the foregoing Resolution was passed and adopted this 3rd day of Septemb 002. Mayor Allen K. ettle ATTEST: �c, �. Lee Price, City Clerk APPROVED AS TO FORM: 1 il Attorney r I OSOS STREET SHEET I OF 2 OFFER OF DEDIGAPON FOR PUSUC ROAD LURPRSES EXISTING R PROPOSED R ti o� !- 433 -007 APN 002 - 03 -003 ZW APN 002- 431 -005 APN 002 -431 -405 MORRO STREET 25 1 ACCRUES TO THE ADJACENT PROPERTY TO THE EAST OF THE R/W 5 ACCRUES TO THE AWACENT PROPERTIES TO THE WEST OF THE H LLI W cc N a W PROPERTY LINE clw of ]EXHIBIT A Acm COURT STREET ABANDONMENT SM WIS OB1Sp BETWEEN MONTEREY & HIGUERA STREETr' • � �ir,L�� rt i'1 Sheet 2 of 2 EXHIBIT A COURT STREET ABANDONMENT BETWEEN MONTEREY & HIGUERA STREETS LEGAL DESCRIPTION — Parcel 1: Court Street, as set forth and delineated on the Map of the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map filed for record May 1, 1878 in Book A, Page 168 of Maps in the of the County Recorder of said County, lying between the southerly line of Monterey Street and the northerly line of Higuera Street, as said Higuera Street was conveyed to the City of San Luis Obispo by deed recorded January 11, 1890 in Book 7, page 5 of deeds. Parcel 2: That portion of Block 17 in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to the map thereof, recorded May 1, 1878 in Book A, at page 168 of Maps in the Office -of the County Recorder of said County, described as follows: Beginning at the northeast corner of Court and Monterey Streets, as laid down on said map of San Luis Obispo; thence, in a northerly direction along Monterey St. 10 feet; thence, in an easterly direction to the Arroyo de San Luis Obispo; thence, down the said Arroyo to the southerly line of Court Street; thence along Court Street, to the point of beginning. EXCEPTING THEREFROM, that portion lying southerly of the northerly line of Higuera Street. RESERVING THEREFROM, easements as shown and described in the body of the resolution. MD OF DOCUMENT