HomeMy WebLinkAboutD-1619C Turner Avenue between Fredericks Street and Highway 101 Recorded 08/18/2004Recording Requested By:
CIFFY OF SAN LUIS OBISPO
When Recorded Please Return to:
CITY CLERK
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA. 93401
JULIE RODEM ^-
San Luis Obispo Cou. ; ClerklRecorder
Recorded at the request of
Public
coca: 2004073519
RESOLUTION NO. 9536 (2004 Series)
SR
8118/2004
3:00 PM
Titles: 1
Pages: 5
Fees
0.00
Taxes
0.00
Others
0.00
PAID
50.00
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
FINDING AND DETERMINING THAT TURNER AVENUE, BETWEEN
FREDERICKS STREET AND STATE HIGHWAY 101, IS UNNECESSARY FOR
PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING
ITS SUMMARY ABANDONMENT.
>o (Pi9G
RESOLUTION NO. 936 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
FINDING AND DETERMINING THAT TURNER AVENUE, BETWEEN FREDERICKS
STREET AND STATE HIGHWAY 101, IS UNNECESSARY FOR PRESENT OR
PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING ITS SUMMARY
ABANDONMENT.
WHEREAS, an. offer of dedication for Turner Avenue in the City of San Luis Obispo,
more particularly descried in Exhibit A, attached hereto and made a part hereof, is unnecessary
for present or prospective public use; and
WHEREAS, the subject offer to dedicate was intended to provide future access, however
timing and subdivision design of the neighboring properties have rendered the subject offers as
null and void; the City no longer requires this Right -of -Way; and
WHEREAS, California Streets and Highways Code Section 8331 provides that the City
Council may summarily abandon said offers of dedication where for a period of five consecutive
years the offer of dedication area has been impassable for vehicular travel, and that no public
money was expended for maintenance of same; and
WHEREAS, the Planning Commission considered the vacation and reported on January
28, 2004, that said vacation is in conformity with the City General Plan; and
WHEREAS, it is in the public interest that the hereinafter described offers of dedication
be vacated.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Pursuant to Streets and Highways Code, Section 2381, that said offers of
dedication are not useful as a non - motorized transportation facility, as defined in Streets and
Highways Code Section 2381 and a finding of General Plan consistency, that this Council finds
and determines that Turner Avenue, between Fredericks Street and State Highway 101, as
described in "Exhibit A" and shown on the map marked "Exhibit B ", 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 a 24 foot wide private easement for ingress, egress and public utilities
appurtenant to Parcel 2 and encumbering Parcel I of Parcel Map SL 86 -216 recorded in Book 43
at Page 13 of Parcel Maps in the Office Of the County Recorder for the County of San Luis
Obispo, and
R 9536
Resolution No. 9536 (2004 Series)
Page 2
2. Item 1 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. That upon such recordation, the
abandonment is complete.
On motion of Council Member Mulholland, seconded by Vice Mayor Schwartz, and on
the following roll call vote,
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 16th day of March, 2004.
Mayor David F. Romero
ATTEST:
i I hereby ceniPY # at Ql�e
U snot correct Fopy aj Re s o u t o n%/
Lee Price, C.M.C. on file In the of the City�d
City Clerk !nom ham,
Z/L� —
Date Diane -l<eyno C
Acting Giy &n'c _
APPROVED AS TO FORM:
Jon . Lowell
City Attorney
I0:4:11.03090
TURNER AVENUE ABANDONMENT
LEGAL DESCRIPTION
Turner Avenue as set forth and described in City of San Luis Obispo Council Resolution
No. 61 (1956 Series) "A Resolution Correcting Clerical Errors of Descriptions in
Resolution No. 26 (1955 -56 Series)" recorded June 12, 1959 in Volume 1006 at Page 93
of Official Records of the County of San Luis Obispo, State of California.
EXHIBIT 80
ABANDONMENT AREA
0
FREDERICKS STREET
+ ,I
+ I.
Lot 12 70'
LOT 8 CDT s
0 1 APN: APN: FR.
ADDITION L01 13 + J o / I 052- 225 -012 LOT 7 052- 115 -013 LOT 10
BLOCK 10 i o N/ I HILLIPS ADDITION
BLOCK 14 FR.
I Z i
LOT 6 LOT 11
101 14 I j
10'
AP052- 213 -005 I Q
I�—
N.
------------ T-
I
o
LOT 15 I
I
------- - - - - --
I
APN: 051- 225 -011
I so,
+ o: PARCEL 2
W 43 PM 13
GRAPHIC SCALE
1 0 • so 0 25 50 100
v� 1 inch = 50 feet
E. \2oO3 \18O30o4 United Method Church Main Sanctuary \Product \Xre/\Eosement.dwg, EXHIBIT 0, Nov 25. 2003 9: 14om, ,ANBrody
R R M DESIGN GROUP EXHIBIT MAP
0hV4U�tM&U'S, -PMb & 5y� PG1RT1 1 OF LOTS I 7, AND 8 OI
�' I" "7!"%' BLOCK 14 OF PHILLIPS ADDITION 1
3765 South Higuera Street. Suite 102 • Son Luis Obispo, California 93401 CITY OF SAN LUIS OBISPO,
Phone: 805543 -1794 • Fax: 805543 -4509 • www.rrmdesign.com CALIFORNIA. PAGE 6 OF
Y. uo.l k6Hx k C6 1 +090• L-1 Ifrlwl, RCl .16695. l5 6316• hH Fwbw. lwdu kcbeai 2541 DATE: Nov 25 2003 SCALE: 1 " =50'
END OF DOCUMENT