HomeMy WebLinkAboutD-1835 Upham Street Recorded 07/29/2009JULIE RODEAD MUE.ROE
San Luis Obispo County — Clerk/Recorder 7129/2009
i Recorded at the request of 1:53 PM '
G R UESTED BY Public
RECORDINEQ . _
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AND WHEN. RECORDED MAIL TO: D 0 C # : 2009042635 Titles: 1 Pages: 7
City Clerk's Office Fees',,.00
CITY OF SAN LUIS OBISPO Ta Others 0.00
990 Palm Street PAID $0.00
San Luis Obispo, CA 93401
This document is recorded for the benefit of the City of San Luis Obispo, A Municipal
Corporation, and is exempt from fee per Government Code Sections 27383.
RESOLUTION NO. 10105 (2009 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
SUMMARILY VACATING A PORTION OF UPHAM STREET
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RESOLUTION NO. 10105 (2009 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
SUMMARILY VACATING A PORTION OF UPHAM STREET
WHEREAS, California Streets and Highways Code Section 8334 provides that the City
Council may summarily vacate an excess right -of -way of a street not required for street purposes;
and
WHEREAS, the portion of Upham Street to be vacated is unnecessary for present or
prospective public use as a street; and,
WHEREAS, pursuant to California Government Code Section 65402, this parcel is
appropriate for summary vacation without a general plan conformity report by the Planning
Commission because it is the remainder of a larger parcel, which was acquired and used in part
for street purposes.
NOW, THEREFORE, BE IT. RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The portion of Upham Street as described in Exhibit "A" and shown in
Exhibit `13," attached hereto and made apart hereof, is not necessary for present or future pubic
street purposes.
SECTION 2. The summary vacation of said right of way is made pursuant to California
Streets and Highways Code, Chapter 4, Article 2, Section 8335, and from and after the date of
this Resolution no longer constitutes right of way for public street purposes.
SECTION 3. Pursuant to California Government Code Section 65402, this parcel is
appropriate for summary, vacation without a general plan conformity report by the Planning
Commission because it is the remainder of a larger parcel-, which was acquired and used in part
for street purposes.
SECTION 4. The City Clerk shall cause a copy of this Resolution, duly attested under
the seal of the City, to be recorded in the Office of the San Luis Obispo County Recorder.
SECTION 5. The Mayor and City staff are authorized to take action necessary to carry
out the intent of this resolution, including conveying the vacated portion of Upham to the
adjacent property owner.
R 10105
Resolution No. 10105 (2001eries)
Page 2
Upon motion of Vice Mayor Settle, seconded by Council Member Carter, and on the
following vote:
AYES: Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 21 st day of July 2009.
Mayor David F. Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
Jon P. Lowell
City Attorney
.ti
Exhibit "A"
PORTION OF ABANDONED UPHAM STREET RIGHT OF WAY
A portion of the Upham Street right of way of the Ingleside Homestead Tract in the City of San
Luis Obispo, County of San Luis Obispo, State of California, as shown on the map filed in Book
A, Page 132 of Maps, in the Office of the County Recorder of said County, said portion being
described as Parcels X and Y as follows:
Parcel X
Bounded on the north by the northerly right of way line of said Upham Street;
Bounded on the east by the westerly line of Parcel B described in Document. Number 075219
recorded in Book 2786, Page 550 of Official Records in the Office of the County Recorder of
said County;
Bounded on the west by the southerly projection of the easterly right of way line of Santa Barbara
Avenue as shown on said Map;
` Bounded on the south by the following described line:
Commencing at a 1/2 inch rebar with cap stamped LS 4819 marking the most southerly corner of
Parcel 1 as shown on the Parcel Map SLO 84 -192 filed in Book 37, Page 59 of Parcel Maps, in
the Office of said County Recorder;
Thence along the line common with said Parcel 1 and Parcel 2 of said Parcel Map, north
55'04'16" east (north 53106'21" east per 37/PM/59) 39.72 feet to a 5/8 inch. rebar capped. LS
6192;
Thence south 34 °55'57' east 47.59 feet to a tag stamped LS 6192; -
Thence south 15 038'02" west 240.09 feet to a tag stamped LS 6192 and the True Point of
Beginning;
Thence north 75 °18'51" west 47.10 feet to a point on the said southerly projection of the easterly
right of way line of Santa Barbara. Avenue and being, marked by a 5/8 inch rebar capped LS 6192.
Excepting therefrom Parcel Y described below.
Containing 750 square feet, more or less.
Parcel Y
Bounded on the north by the centerline of said Upham Street;
Bounded on the east by the westerly line of Parcel B described in Document Number 075219 in.
the City of San Luis Obispo, County of San Luis Obispo, State of California, recorded in Book
2786, Page 550 of Official Records in the Office of the County Recorder of said County;
Bounded on the south by the following described line:
Commencing at a 1/2 inch rebar with cap stamped LS 4819 marking the most southerly corner of
Parcel 1 as shown on the Parcel Map SLO 84 -192 filed in Book 37, Page 59 of Parcel Maps, in
the Office of said County Recorder;
Thence along the line common with said Parcel 1 and Parcel 2 of said Parcel Map, north
55104'16" east (north 53106'21" east per 37/PM/59) 39.72 feet to a 5/8 inch rebar capped LS
6192;
Thence south 34 °55'5T' east 47.59 feet to a tag.stamped LS 6192;
Thence south 15 °38'02" west 240.09 feet to a to a tag stamped LS 6192 and the True Point of
Beginning;
Thence north 75 °18'51" west 47.10 feet to a point on the said southerly projection of the easterly
right, of way line of Santa Barbara Avenue and being marked by a 5/8 inch rebar capped LS 6192.
Containing 8 square feet, more or less.
The above - described parcels are graphically shown on Exhibit `B" attached hereto and made a
part hereof.
END DESCRIPTION
7/23/09
Joseph T. Morris PLS 6192 exp. 3/31/2010
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No. 6192
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FD DISTURBED in REBAR
�9 NO CAP BELOW SURFACE.
SETA COTTON SPINDLE
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OTHERWISE NOTED 1. 185�„F TPOB
R1 - 371PM159 / 47 lot
POC -POINT OF COMMENCEMENT 1 I I 1 INCH = 50 FEET
FPOB -TRUE POINT OF BEGINNING
612 CLARION COURT
SAN LUIS OBISPO. CA 93401
T 805 544-4011
F 805 544.4294
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WALLACE GROUP
EXHIBIT B UPHAM ST
ABANDONMENT
CITY OF SAN LUIS OBISPO
COUNTY OF SAN LUIS OBISPO, CA
JOB NO.: 562 -01
DRAWING:RS
DRAWN BY. MM
DATE: 712009
1 OF 2
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PARCEL Y =8 SQ.FT
LEGENDy �- .. ..
O -SET 516" REBAR LS 6192
N -SET LEAD TACK &TAG LS 6192
• -FD 112" REBAR LS 48.19
UNLESS OTHERWISE NOTED
R 1 - 371PM15 =
TPOB -TRUE POINT OF BEGINNING
612 CLARION COURT
SAN LUIS OBISPO. CA 93401
7105 544-4011
F 605 544.4299 -
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WALLACE GROUP
PR0�1 A05�
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WESTERLY LINE
PARCEL B
27861OR1550
SCALE
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1 INCH = 10 FEET
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EX141BIT B CONTINUED UPHAM ST
ABANDONMENT
CITY OF SAN LUIS OBISPO
COUNTY OF SAN LUIS OBISPO, CA
JOB NO.: 562 -01
DRA WING: RS
DRAWN BY: MM
DATE: 712009
2 OF 2
END OF DOCUMENT
RECEIVED
AUG 14 21009
SLO CITY CLERK