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Home My WebLink AboutD-1873 Calle Joaquin Recorded 12/02/2010RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk's Office CITY OF SAN LUIS OBISPO 990 Palm. Street San Luis Obispo, CA 93401 JULIE RODEUU IF San Luis Obispo Co�- ClerklRecorder 12102/2010 Recorded at the request of 11.14 AM Public, I. D o c #: 2010061302 Tales. 1 Pages: g Fees 0.00 Taxes 0.00 �. Others 0.00 PAID $0.00 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. J RESOLUTION NO. 10082 (2009 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO VACATING A PORTION OF THE. CALLE JOAQUIN RIGHT -OF -WAY, SUBJECT TO RESERVATION OF UTILITY EASEMENTS 103 • • RESOLUTION NO. 10082 (2009 Series) A RESOLUTION'OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO VACATING A PORTION OF THE CALLE JOAQUIN RIGHT-OF-WAY, SUBJECT TO RESERVATION OF UTILITY EASEMENTS WHEREAS, the Planning Commission, as required by Section 65402 of the California Government Code, made certain findings that the location, purpose, and extent of the proposed abandonment (vacation) of a portion of Calle Joaquin is in conformance with the adopted General Plan, as prescribed in Planning Commission Resolution No. 5515 -09; and WHEREAS, the portion of Calle Joaquin proposed for vacation has been superseded by relocation; and WHEREAS, the relocated Calle Joaquin provides access to adjoining properties; and WHEREAS, easements are being reserved to accommodate existing utilities; and WHEREAS, the proposed vacation meets the requirements of a summary vacation per Section 8330 of the Streets and Highways Code; and WHEREAS, the summary vacation procedure permits vacation of a street without public notice or hearing; and WHEREAS, the City entered into a Right -of -Way agreement approved by City Council on May 3, 2005, requiring, in part, that Ocean Park Hotels dedicate Right -of -Way for the future on and off-ramps for US Highway 101 at Los Osos Valley Road in exchange for the vacation of the Calle Joaquin Right -of -Way. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The portion of Calle Joaquin as described on Exhibits A and C and shown on Exhibits B and D, attached hereto and incorporated herein, is not necessary for present or future public street purposes. SECTION 2. The portion of Calle Joaquin as described in County of San Luis Obispo Board of Supervisors' Resolution No. 67 -404 recorded on September 7, 1967, in Volume 1448 of Official Records Page 67 in the Office of the County Recorder of said County, State of California, incorporated herein by reference, is not necessary for present or future public street purposes. SECTION 3. The vacation of said Right -of -Way is made pursuant to Section 8335 of the California Streets and Highways Code. SECTION 4. From and after the date this resolution is recorded, said portions of the Calle Joaquin Right -of -Way no longer constitute a street R 10082 Resolution No. 10082 (2009 Res) Page 2 SECTION 5. Pursuant to Section 8340 of the Streets and Highways Code, easements over the entire vacated Calle Joaquin Right -of -Way are hereby reserved and excepted from said street vacation on behalf of the City of San Luis Obispo, ConocoPhillips, Charter Communications, AT &T, PG &E Company, and The Gas Company to construct, operate, maintain, replace, remove, repair, renew, and enlarge their water, sewer, petroleum, cable television, telephone, electric, and gas facilities, and for incidental purposes including access. SECTION 6. Ocean Park Hotels shall execute a grant deed to the City of San Luis Obispo for the Right -of -Way to accommodate the future on and off -ramps for US Highway 101 at Los Osos Valley Road. Said grant deed shall. record concurrently with this resolution. SECTION 7. Upon notification from the Director of Public Works to the City Clerk that the conditions prescribed in Section 6 have been met, the City Clerk shall cause a certified copy of this Resolution of Vacation, duly attested under the seal of the City, to be recorded in the Office of the San Luis Obispo County Recorder. SECTION 8. 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 Calle Joaquin to the adjacent property owner. Upon motion of Council Member Ashbaugh, 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 19`h day of May 2009. Mayor David F. Romero ATTEST: APPROVED AS TO FORM: Nmad an P. Lowell City Attorney EXHIBIT A PARCEL -A A PORTION OF OLD CALLE JOAQUIN, BEING ALSO A PORTION OF LOT 69 OF THE SUBDIVISIONS OFTHE RANCHOS CANADA DE LOS OSOS AND LA LAGUNA IN THE CITY AND COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA ACCORDING TO MAP BOOK A, PAGE 83: IN THE OFFICE OF THE RECORDER OF SAID COUNTY, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF PARCEL -4 OF PARCEL MAP SL 79-069 ACCORDING TO PARCEL MAP BOOK 34, PAGE 20 BEING ON THE SOUTH LINE OF THE LAND DESCRIBED AND CONVEYED BY DEED BOOK 'G', PAGE 446 AND ALSO ON THE WEST LINE OF SAID OLD CAME JOAQUIN; THENCE ALONG SAID WEST LINE, NORTH 310 07' 35° WEST, 53.24 FEET; THENCE, NORTH 220 56' 40° WEST, 50.00 FEET, THENCE, NORTH 410 14' 20' EAST, 91.34 FEET TO THE WEST LINE OF CALIFORNIA STATE HIGHWAY 101; THENCE ALONG SAID LINE, SOUTH 2110 21' 25° EAST, 130.32 FEET To THE SOUTH LINE OF THE LAND DESCRIBED AND CONVEYED BY DEED BOOK 'G', PAGE 446; THENCE ALONG SAID LINE, SOUTH 570 18' 37' WEST, 72.08 FEET TO THE POINT OF BEGINNING AND CONTAINING 9,167 SQUARE FEET, MORE OR LESS. JULY 2, 2008 0 ` 44ck" A4 r? a � PLS4283 U�� • Exp. 61901 /o LS 4283 ExP 6-30 -2010 EXHIBIT B PORTION OF CALLE JOAQUIN TO BE VACATED BY THE CITY OF SAN LUIS OBISPO BEING A PORTION OF LOT 69 OF RANCHO CANADA DE LOS OSOS AND LA LAGUNA (A— MAPS -83) CITY OF SAN LUIS OBISPO COUNTY OF SAN LUIS OBISPO STATE OF CALIFORNIA LS 4283 CITY LIMITS g� ! PARrcif A :9.167 SQ FT: cv .. _ 'SST eiliNW:. mo® � � ® S31 'Dr35" E r 30' ACCESS & UTILITY 21,46` 1 EASEMENT FOR PARCEL 1 OF PM 34 PM 20 0 1444 -OR -250 Z_ 2 fo S87'18'37°18 148.20' 9 cv 143.18' a 0 40' og j 72.01r Or O Q 2 Z EXHIBIT C PARCEL B PORTION OF OLD CALLE JOAQUIN, BEING ALSO A PORTION OF LOT 69 OF THE SUBDIVISIONS OF THE. RANCHOS CANADA DE LOS OSOS AND LA LAGUNA IN THE CITY AND COUNTY OF- SAN LUIS OBISPO, STATE OF CALIFORNIA ACCORDING TO MAP BOOK A, PAGE 83 IN THE OFFICE OF. THE RECORDER OF SAID COUNTY, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF PARCEL 4 OF PARCEL MAP SL 79 -069 ACCORDING TO PARCEL MAP BOOK 34, PAGE 20 BEING ON THE SOUTH LINE OF THE LAND DESCRIBED AND CONVEYED BY DEED BOOK 'G', PAGE 446 AND ALSO ON THE WEST LINE OF SAID OLD CALLE JOAQUIN; THENCE ALONG SAID WEST LINE, SOUTH 310 07' 350 EAST, 21.46 FEET; THENCE, SOUTH 25° 10' 30' EAST, 151.42 FEET TO THE EASTERLY PROJECTION OF THE NORTHERLY LINE OF PARCEL 5 OF SAID PARCEL MAP, THENCE ALONG SAID PROJECTION, SOUTH 570 18' 370 WEST, 2:02 FEET; THENCE ALONG THE EAST LINE OF SAID PARCEL 3, SOUTH 250 IO' 30' EAST, 98.47 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE WESTERLY WITH A RADIUS OF 168.00 FEET; THENCE FROM A SEMI-TANGENT BEARING OF SOUTH 250 08' 43' EAST ALONG SAID CURVE, SOUTHERLY AND TO THE RIGHT THROUGH A CENTRAL ANGLE OF 480 54' 42° FOR AN ARc LENGTH OF 143.42 FEET TO THE EAST CORNER OF PARCEL 2 OF LLA 99 -95 RECORDED AS INSTRUMENT NUMBER 1995- 050290; THENCE ALONG THE EASTERLY PROJECTION OF A RADIAL LINE, SOUTH 660 14' 010 EAST, 52.00 FEET TO THE WEST LINE 'OF CALIFORNIA STATE HIGHWAY 101 AND A NON - TANGENT CURVE CONCAVE WESTERLY WITH A RADIUS OF 220.00 FEET; THENCE FROM A SEMI - TANGENT BEARING OF NORTH Z30 45' 59' EAST, ALONG SAID WEST LINE AND SAID CURVE, NORTHERLY AND TO THE LEFT THROUGH A CENTRAL ANGLE OF 450 07' 24° FOR AN ARC LENGTH OF 173.26 FEET; THENCE NORTH 210 21' 25' WEST, 296.15 FEET TO THE SOUTH LINE OF THE LAND DESCRIBED AND CONVEYED BY DEED BOOK 'G°, PAGE 446; THENCE ALONG SAID SOUTH LINE, SOUTH 570 18' 37" WEST, 72.08 FEET TO THE POINT OF BEGINNING.AND CONTAINING 25,336 SQUARE FEET, MORE OR LESS. JULY 2, 2008 PLS426'.g LS 4283 ExP 6-30 -2010' - • My LUTS ' Mp) couwY OF S.LC)L �.► s. .v.rs. +.ter. case eawo, Ica. E'er 537'1837'Y7 -31 ail' OF S.L.O.) mss ac uTun sm' t � FOR PARCEL 1 'x.48 -� �1 a r� x r' OF Ply 34 Pik Zo j: .t am af I 1444 -- —250 SS7 OVOW 202' l �,. l �► �- 143.1V PARCEL 1 SLO LLA 99--95 IWT is95 --05so C,oAtVEYEI3 BY: �r INW 2OW- OM73. PARCEL B \ � ¢ 4L !; 25.336 So FT! r r r R=22D OW L =173,25' L 42 a a iop 8 -30-io _ EXHIBIT D PORTION OF CALLE JOAQUIN TO BE VACATED BY THE CITY OF SAN LUIS OBISPO BEING A PORTION OF LOT 69 OF RANCHO CANADA DE LOS . OSOS AND LA LAGUNA t (A— MAPS --83) CITY OF SAN LUIS OBISPO 0 COUNTY OF SAN LUIS OBISPO f,�� STATE OF CALIFORNIA CERTIFICATION I, Elaina Cano, City Clerk, do hereby certify that the foregoing is a true and correct copy of Resolution No. 10082 (2009 Series), adopted by the San Luis Obispo City Council on May 19, 2009. WITNESS MY HAND AND THE SEAL OF THE CITY OF SAN LUIS OBISPO. DATE: ee_z'*-4 - - ' . /-,-' - - — Elaina Cano, C C City Clerk ....... .. - :.`\:'tit, i �EThe 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. END Or DOCUMENT