HomeMy WebLinkAboutD-1924 Frederick Ave and Humbert Recorded 11/09/2012This 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.
RECFIVFD
DEC. 0 T 2m; RESOLUTION NO. 10402 (2012 Series)
Sl_O CITY CLERK A RESOLUTION-OF THE CITY OF SAN LUIS OBISPO
VACATING A PORTION OF THE FREDERICK AVENUE
AND HUMBERT AVENUE RIGHTS -OF -WAY
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 Frederick Avenue and Humbert Avenue is in
conformance with the adopted General Plan, as prescribed in Planning Commission Resolution
No. 5517 -09; and
WHEREAS, the portions of Frederick Avenue and Humbert Avenue proposed for
vacation have been impassable for vehicular travel for at least five consecutive years and no public
money was expended for maintenance on the streets during such period; and
WHEREAS, adjoining properties remain accessible by other existing public streets; and
WHEREAS, all existing public utilities within the proposed streets to be vacated have
been relocated and new easements will be dedicated; and
WHEREAS, the proposed vacation meets the requirements of a summary vacation per
Section 8331 of the Streets and Highways Code; and
WHEREAS, the summary vacation procedure permits vacation of a street without public
notice or hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
R 10402
I qa4
JULIE RODE-WALD�
AG
San Luis Obispo county-Clerk/Recorder _
11/09/2012
Recorded at the request of
1:50 PM
Public
Recording requested by
. - -
-
and when recorded mail to:
D o C # : 2012065501
Tines: 1
Pages: 5
City Clerk
Fees
0.00
Taxes
0.00
990 Palm Street
Others
0.00
San Luis Obispo, CA 93401
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.
RECFIVFD
DEC. 0 T 2m; RESOLUTION NO. 10402 (2012 Series)
Sl_O CITY CLERK A RESOLUTION-OF THE CITY OF SAN LUIS OBISPO
VACATING A PORTION OF THE FREDERICK AVENUE
AND HUMBERT AVENUE RIGHTS -OF -WAY
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 Frederick Avenue and Humbert Avenue is in
conformance with the adopted General Plan, as prescribed in Planning Commission Resolution
No. 5517 -09; and
WHEREAS, the portions of Frederick Avenue and Humbert Avenue proposed for
vacation have been impassable for vehicular travel for at least five consecutive years and no public
money was expended for maintenance on the streets during such period; and
WHEREAS, adjoining properties remain accessible by other existing public streets; and
WHEREAS, all existing public utilities within the proposed streets to be vacated have
been relocated and new easements will be dedicated; and
WHEREAS, the proposed vacation meets the requirements of a summary vacation per
Section 8331 of the Streets and Highways Code; and
WHEREAS, the summary vacation procedure permits vacation of a street without public
notice or hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
R 10402
I qa4
i
Resolution No. 10402 (2012 Series)
Page 2
SECTION 1. That portion of Frederick Avenue in the City of San Luis Obispo, County
of San Luis Obispo, State of California, as shown on the map for the Imperial Addition as
recorded in Book A of Maps at Page 128 in the Office of the County Recorder of said County,
described as follows and as shown on Exhibit A, attached hereto and incorporated herein, is not
necessary for present or future public street purposes:
A 60' right -of -way extending from the southerly right -of -way line of Francis
Avenue in a southerly direction to the northerly line of the previous Frederick
Avenue abandonment described in 263 OR 33 on file in the office of the County
Recorder of said County.
SECTION 2. That portion of Humbert Avenue in the City of San Luis Obispo, County
of San Luis Obispo, State of California, as shown on the map for the Imperial Addition as
recorded in Book A of Maps at Page 128 in the Office of the County Recorder of said County,
described as follows and as shown on Exhibit A, attached hereto and incorporated herein, is not
necessary for present or future public street purposes:
A 60' right -of -way extending from the prolongation of the westerly line of Lot 9,
Block 14 of said Imperial Addition in an easterly direction to the westerly right -
of -way line of Frederick Avenue.
SECTION 3. The vacation of said rights -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
Frederick Avenue and Humbert Avenue rights -of -way no longer constitute a street.
SECTION 5. The Housing Authority of the City of San Luis Obispo shall dedicate the
necessary rights -of -way for the Humbert Avenue and Francis Avenue cul -de -sacs. Said offers of
dedication shall record concurrently with this resolution.
SECTION 6. Upon notification from the Director of Public Works to the City Clerk that
the conditions prescribed in Section 5 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 7. The Mayor and City staff are authorized to take action necessary to carry
out the intent of this resolution.
Upon motion of Council Member Ashbaugh, seconded by Council Member Carter, and
on the following roll call vote:
AYES: Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpenter
and Mayor Marx
NOES: None
ABSENT: None
• •
Resolution No. 10402 (2012 Series)
Page 3
The foregoing resolution was adopted this 16'h day of October 2012.
ATTEST:
2cue_
Maeve Ker6ldy Gri
City Clerk
APPROVED AS TO FO
Os+tine Dietrick
Attorney
•
CERTIFICATION
•
I, Maeve Kennedy Grimes, City Clerk, do hereby certify that the foregoing
is a true and correct copy of Resolution No. 10402 (2012 Series), adopted by the
San Luis Obispo City Council on October 16, 2012.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SAN LUIS OBISPO.
DATED:
Maeve Kenneily Gri s
City Clerk
END OF DOCUMENT