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Home My WebLink About10/04/1994, C-1 - TIME EXTENSION FOR ABANDONMENT OF MILL STREET, BETWEEN NIPOMO AND BROAD STREETS. • OCtobe JE 1994 I�I City of SAn rUIS OBISPO ITEM NIJMB6i: IIIIUI COUNCIL AGENDA REPORT FROM: Michael McCluskey, Public Works Directo Prepared by: Gerald W. Kenny, Supervising Civil Engineer SUBJECT: Time Extension for Abandonment of Mill Street, between Nipomo and Broad Streets. CAO RECOMMENDATION: Adopt resolution abandoning Mill Street, between Nipomo Street and Broad Street, subject to reservation of easements and .other conditions. BACKGROUND: The City Council originally approved the abandonment of Mill Street, between Broad and Nipomo Streets per Resolution No. 8076 (1992 Series) on October 6; 1992 and subsequently adopted Resolution No. 8216 (1993 Series) on September 21, 1993 which extended the time to meet the respective conditions to October 6, 1994. However, there were certain conditions that had to be met prior to its effectiveness and recordation within one (1) year or the resolution would expire. A letter from Cannon & Associates (attached) requests a six (6) month time extension to meet those conditions. Required improvement plans have been submitted for checking and a lot line adjustment application has been received and is being processed. However, it is apparent that the items will not be complete prior to the October 6th deadline. The attached new draft resolution has been prepared which includes the new expiration date (April 6, 1995 ) and supercedes Resolution No. 8216 (1993 Series) . This is to avoid confusion as to the effectiveness of the abandonment and when the conditions were actually met, since the resolution will be recorded in the County Recorder's Office when all conditions have been met. The required public hearing was held on October 6, 1992 to consider the abandonment and the issue of a time extension is not subject to another hearing, according to the City Attorney. ALTERNATIVES: option 1: By motion, deny approval of the revised resolution extending the time to meet the conditions if the Council determines that this right of way should not be abandoned after all. FISCAL IMPACT: None. ��N�► I�IIIII�U�I �� atyof San IU1S OBISpo i COUNCIL AGENDA REPORT Mill Street Abandonment Time Extension Meeting of October 4, 1994 Page Two CONCURRENCES: The Community Development Director and City Attorney concur with the recommended action. Attachments: 1 - Draft Revised Resolution of Abandonment 2 - Resolution No. 8216 (1993 Series) 3 - Letter from Cannon & asociates (9-13-94 ) G: . . . \Mist\MiUbXT2.wp Recording requested by . and when recorded mail to: City Clerk City of San Luis Obispo P. O. Box 8100 San Luis Obispo, CA 93403-8100 RESOLUTION NO. (1994 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT MILL STREET, BETWEEN NIPOMO STREET AND BROAD STREET, IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING ITS ABANDONMENT, SUBJECT TO . RESERVATION OF PUBLIC UTILITY EASEMENTS AND OTHER CONDITIONS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with the public hearing duly held on October 6, .1992, pursuant to Section 8300 et seq. of the California Streets and Highways Code, this Council finds and determines that Mill Street, between Nipomo Street and Broad Street, 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: A. Reservation of an easement for public utilities over the entire 60. ft. wide right of way. B. Reservation of easements for public sanitary sewer and water mains and appurtenances thereto, drainage, emergency access and public pedestrian and bicyclepurposes, over the abandoned right of way, as shown on the attached Exhibit "A". C-t-3 w Resolution No. (1994 Series) Page Two. C. Recordation of a 20 ft. wide common driveway easement agreement which provides for common driveway access in perpetuity to parcels formerly served by the right of way, to the satisfaction of the Community Development Director. D. Installation of standard frontage improvements (curb, gutter, sidewalk and driveway ramp) along with necessary drainage facilities along the Broad Street frontage, to the satisfaction of the City Engineer. E. Installation of public drainage, pedestrian and bikeway improvements to the satisfaction of the Public Works and Community Development Directors. F. Recordation of lot line adjustment, via a Certificate of Compliance, which combines all lots of record, to the satisfaction of the Community Development Director. G. Items C. through F. must be met by April 6, 1995 or this resolution will expire and will be null and void. The easement reservations may be modified by the City Engineer (upon a determination by the City Engineer that the full easement reservation is not needed for various public easements and public access) prior to recordation of this resolution, subject to approval of plans and installation of such improvements that would allow for such modifications. SECTION 3 . upon notification by the City Engineer that the conditions prescribed in Section 2 have been met, the City Clerk C-1-4. Resolution No. (1994 Series) Page Three shall cause a certified copy of this Order of Abandonment, duly attested under the seal of the City, to be recorded in the Office of the Recorder of the County of San Luis Obispo. SECTION 4. This resolution supercedes Resolution No. 8216 (1993 Series) . On motion of seconded by , and on the following roll call vote, AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of 1994. MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: .�• f3• C(a.w�en� Cdl City Attorney G: . . . \Misc\Mil"XT2.wp L- 1- 5 YOJ6AC/ 6 O G 60 . NW Corner g0' 1 Legai bescription of Kill Street Abandonment That certain portion of Kill Street right of way, 60 feet wide, between the �. prolongation of the westerly line of, Broad Street and a line described as follows: Beginning at the northwesterly corner of Block 36 of the Town of San Luis Obispo as recorded in Bk. A of Maps at Page 168, recorded on May 1, 1878 ina the Office of the San Luis Obispo County Recorder; thence, northerly to the most southerly corner of Tract 522, as recorded in Book 8 of Maps at Page 608 in the office of the San Luis Obispo County Recorder. Subject to reservation of the following easements: 1. The entire R/W for public utilities, sewer, water and drainage. 2., The NW'ly half of R/W for public pedestrian, bikeway and emergency access purposes. 3. The NE'ly 195 ft. of the SE'ly 20 ft. of the NW'ly half of R/W for common driveway purposes for Tract No. 522. city of ' san lui•s oBjspo • ( �RaaO 5r: To NiPo/�a 5T/ Recording requested by and when recorded mail to: City Clerk City of San Luis Obispo P. 0. Box 8100 San Luis Obispo, CA 93403-8100 RESOLUTION NO. 8216 (1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT MILL STREET, BETWEEN NIPOMO STREET AND BROAD STREET, IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING- ITS ABANDONMENT, SUBJECT TO RESERVATION OF PUBLIC UTILITY EASEMENTS AND OTHER CONDITIONS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with the public hearing duly held on October 6, 1992, pursuant to Section 8300 et seq. of the California Streets and Highways Code, this Council finds and determines that Mill Street, between Nipomo Street and Broad Street, as described and shown on the map marked Exhibit "A" , attached hereto and incorporated herein, isnot necessary for present or future public street purposes. SECTION 2. This Council hereby orders the abandonment of said right-of-way subject to: A. Reservation of an easement for public utilities, over the entire 60 ft. wide right of way. B. Reservation of easements for public sanitary sewer and water mains and appurtenances thereto, drainage, emergency access and public pedestrian and bicycle purposes, over the abandoned right of way, as shown on the attached Exhibit "A" . R-8216 Resolution No. 8216 (1993 Series) Page Two. C. Recordation of a 20 ft. wide common driveway easement agreement which provides for common driveway access in perpetuity to parcels formerly served by the right of way, to the satisfaction of the Community Development Director. D. Installation of standard frontage improvements (curb, gutter, sidewalk and driveway ramp) along with necessary drainage facilities along the Broad Street frontage, to the satisfaction of the City Engineer. E. Installation of public drainage, pedestrian and bikeway improvements to the satisfaction of the Public Works and Community Development Directors. F. Recordation of lot line adjustment, via a Certificate of. Compliance, which combines all lots of record, to the satisfaction of the Community Development Director. G. Items C. through F. must be met by October 6, 1994 or this resolution will expire and will be null and void. The easement reservations may be modified by the City Engineer (upon a determination by the City Engineer that the full easement reservation is not needed for various public easements and public access) prior to recordation of this resolution, subject to approval of plans and installation of such improvements that would allow for such modifications. SECTION 3. Upon notification by the .City Engineer that the. conditions prescribed in section 2 have been met, the City Clerk Resolution No. 8216 (1993 Series) Page Three shall cause a certified copy of this Order of Abandonment, duly attested under the seal of the City, to be recorded in the Office of the Recorder of the County of San Luis Obispo. SECTION 4. This resolution supercedes Resolution No. 8076 (1992 Series) . On motion of Council Member RaM4 seconded by Mayor Pinard , and on the following roll call vote, AYES: Council Member Rappa, Mayor Pinard, Council Member Romero NOES: Council Members Roalman and Settle ABSENT: None the foregoing Resolution was passed and adopted this 2y day of September , 1993. MAYOROeg Pinard ATTEST: T CLERK Diane Gladwell APPROVED AS TO FORM: Chu C�siie(o Qi y torn G: . . . \Mist\MilAbXT.wp L 01 0 . 1;,,►. /9//1000 5� Sly Ccri?l/ - . . . . Tim. .Sz.z . . • _ '/L�.. •: •iT. I id — MIL 5T r. NW Corner ;'0J t s�k3� 13� 3l� �, Bk �• t �q. �6s � ' rrt�s o '. Legal' Description of Mill Street Abandonment Q That certain portion of Mill Street right of way, 60 feet wide, between the � . prolongation of the westerly line of. Broad Street and a line described as follows: Beginning at the northwesterly corner of Block 36 of the Town of San Luis - Obispo as recorded in Bk. A of Maps at Page 168, recorded on May 1, 1878 int the Office of the San Luis Obispo County Recorder= thence, northerly to the most southerly corner of Tract 522, as recorded in Book 8 of Maps at Page 60, in the office of the San Luis Obispo County Recorder. Subject to reservation of the following easements: 1. The entire R/W for public utilities, sewer, water and drainage. 2. The Nw'ly half of R/W for public pedestrian, bikeway and emergency access purposes. 3. The NE'ly 195 ft. of the SE'ly 20 ft. of the NW•ly half of R/W for common driveway purposes for Tract No. 522. •` r^^? city O� 1A--- san tuts oBispo 5T X5,41VZ;e1V1YeA . �,�rQQ,40 5r' .rG IG//POtiIt� 5T/ FROM CITY OF SLO 09.21. 1994 15,32 P. 1 MICHAEL F. CANNON, PE ANDREW G. MERRIAM, AIA, AICP MIgoy�y�^� ` # I DANIEL S. HUTCHINSON, LS ASSOCIATES R V,I arp ONYOP ENGINEERS September 13, 1994 PLANNERS SURVEYORS Whitney Macllvaine, Associate Planner Planning Department City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 RE: Request for time extension for the Mill Street abandonment(Broad to Peach) (Resolutions 8058 and 8076) Dear Ms. 11 Ivaine: As agent for the Catholic Church, Cannon Associates is preparing the documents for the street abandonment and lot line adjustment as well as the improvement drawings required in the resolutions identified above. The project has been through plan check with the City and is now being bid. However, it Is apparent that the required improvements may not be complete in time to meet the October 5, 1994 expiration date of resolution 8076. We are, therefore, requesting a six month time extension in order to complete construction and record the street abandonment/lot line adjustment. The process has turned out to be more complex than originally expected, especially in coordinating the property owners -- a condominium association and a non-local owner. A check in the amount of$126 is enclosed to cover filing fees. Sincerely, Andrew G. Merriam,• AIA, AICP Principal 364 PACim STREET x0: Michael Morris SAN UA OMSPO, CA 93401 940411\timeextn AGM 805*544-7407 Fax 805.544-3863 ***END***