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HomeMy WebLinkAbout12/07/2004, C12 - RESOLUTION THAT CLARIFIES THE INTENT OF THE DANA AVENUE ABANDONMENT [RESOLUTION NO. 2472 (1973 SERI council "` °� December 7,2004 acEnaa nEpoizt N..b� CITY OF SAN LUIS OBISPO FROM: Jay Walter, P.E. —Interim Public Works Directo Prepared By: Robert Livick,P.E. —Supervising C vil Engineer 21— SUBJECT:. RESOLUTION THAT CLARIFIES THE INTENT OF THE DANA AVENUE ABANDONMENT [RESOLUTION NO. 2472 (1973 SERIES)]; THE ABANDONMENT DID NOT INCLUDE ABANDONMENT OF HAYS STREET CAO RECOMMENDATION Adopt a resolution (Attachment 1) that clarifies the intent of the Dana Street abandonment [Resolution No. 2472 (1973 series)] and direct the City Clerk to Record said clarifying resolution with the County Clerk Recorder. DISCUSSION The City of San Luis Obispo Public Works department has received requests from Donald and Barbara Stimson, who own property that abuts the end of Hays Street to formally clarify that the abandonment of Dana Avenue did not include Hays Street nor did it include the portion of Dana Avenue never dedicated but erroneously shown on the abandonment document. The Stimsons have been very patient and have waited for an answer for over twenty years, according to a former Public Works Department employee. Over the years the City Attorney has offered opinion, and a neighbor has quit claimed their interest in the "abandoned" street right of way. This currently requested action serves to finally resolve the abandonment question. In September 1887 Edwin Goodall subdivided a portion of the City of San Luis Obispo generally bounded by the centerlines and sidelines following proposed or existing streets streets: centerline of Slack Street on the North; Murray, Monterey, Grand Mill, Minor and Grove on the South; the centerline of Motley Avenue on the West and the centerline of Dana on the East. This Map known as the Philips Addition was filed in the office of the San Luis Obispo County Clerk on August 27, 1902 in Book A at Page 162 of Maps (Attachment 2). On June 4, 1973 the San Luis Obispo City Council adopted City Council Resolution No. 2472 (Attachment 3) abandoning a portion of Dana Avenue, between the North sideline of McCollum Street and the South sideline of Slack Street. The exhibit attached to the abandonment resolution shows the abandonment of the full width of Dana Street crossing Hays Street, between the limits described above. The City reserved the full width of the abandoned street for utility and drainage purposes. On April, 17, 1980, then City Attorney, George C. Thacher, wrote a letter (Attachment 4) to the Office of the County Engineer stating that "...the plat (Exhibit "A" of the Abandonment Resolution 2447) represents an abandonment of more that what was created by the Phillips C1/Z -� Clarify Dana Avenue/Hays Street Abandonment Page 2 Addition Subdivision Map ... It appears reasonable, as well, that assuming Hays Street runs to the subdivision boundary the City Council did not intend to abandon that portion which coexists with Dana Avenue; the language in the resolution abandons "Dana Avenue" only. The bottom line: Those areas in red on Attachment A should remain a part of Hays Street and not become a tag addition to the lots shown." Mr. Thacher also states that by abandoning Hays it "results in a private barrier to the extension of Hays Street in to any development to the east..." The clarification of the Dana Avenue abandonment will legitimize public access to the property at the East end Hays Street and thus remove the alleged barrier to orderly development. FISCAL IMPACT There is no fiscal impact to clarifying this abandonment, since the portion of Hays Street was never abandoned. ALTERNATIVES Deny the action requested and allow the question regarding the status of Hays Street to linger unresolved. ATTACHMENTS Attachment 1 -Draft Resolution Attachment 2-"Phillips Addition" (A/MB/162) Attachment 3-City Council Resolution No. 2472 Attachment 4-Letter to the Office of the County Engineer,Dated April, 17 1980 iAlcouncil agenda reports\2004 agenda reports\transportation and development review (bochum)\development review (livick)\car dana ave abandonment clarificaation.doc elz-Z it 1 Attachment 1 Recording requested by and when recorded mail to: City of San Luis Obispo Clerk 990 Palm Street San Luis Obispo, CA 93401 RESOLUTION NO. (2004 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REAFIRMING AND CLARIFYING THAT DANA AVENUE,BETWEEN MCCOULLUM AND SLACK STREETS,IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING ITS ABANDONMENT, SUBJECT TO RESERVATION OF SPECIFIC EASEMENTS. WHEREAS, City Council Resolution 2472 (1973 Series) determined that Dana Avenue was unnecessary for present or prospective public street purposes and; and WHEREAS, the Exhibit attached to Resolution 2472 depicting the Dana Avenue abandonment represented an abandonment of more that what was created by the Phillips Addition Subdivision Map; and WHEREAS,it was never the intention of the City Council to abandon Hays Street. NOW THEREFORE,BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with a public hearing duly held on April 2, 1972,pursuant to Section 8300 et seq. of the California Streets and Highways Code and a finding of General Plan consistency, that this Council finds and determines that Dana Avenue, between Northerly sideline of McCollum Street and The Southerly sideline of Slack Street;excepting that portion of Hays Street from the prolongation of the Westerly sideline of Dana Avenue to the Easterly boundary of the "Phillips Addition" subdivision; as shown on the Map filed in the Office of the San Luis Obispo County Recorder in Book A, Page 162 on August 27, 1902 and shown on attached Exhibit A 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: Reservation of an easement over full width of the abandoned right of way for installation, maintenance, "repair enlargement or removal of public utility and drainage facilities. �'�z`3 SECTION 3. This Resolution repeals and supercedes Resolution No. 2472 and differs from Resolution 2472 with respect to correcting the legal description of the right of way abandoned. SECTION 4. 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. On motion of , seconded by and on the following roll call vote, AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this of , 2004. MAYOR David F. Romero ATTEST: CITY CLERK Audrey Hooper APPROVED AS TO FORM: CITY AIT,6RNEY Jonathan P. Lowell i:\1 council agenda reports\2004 agenda reportAtmnsportation and development review(bochum)\development review(livick)\dada avenue abandonment resolution.docDana Avenue Abandonment Resolution 4!,z.y Exhibit A Dana Avenue Abandonment (a portion of A/MB/162) V - ��' --`tom'.'. snF:i-- Xw 000 •c -AVRini NAY3 7w 42 1 tP Ox 1 D .p' - .s • NO s ................................... 1 �4 I. a .O s � if r ,r ®— Indtc atGS J6+ pa 4.iw D01w avenue thdf �� A�n�L ciz- S` ATTACHMENT 2 01CCCCCCCCC-EEEECEEEEEEEEC � �1 v WEfilmm � © �� Illlollll �illp! Ifs Q �pI10110 �Il�d�� �o �e� o� �Oe�ldess 10001 �6 11►eil Pi� " � �-= EM . �19ad9a9 B911vllll 1911ed9111911dd119 1911Qd191 IIIde9999 ���,���.. �91v1999 a91I�dB91 1911dd191 I�Q. A991edlll IIIIdl991 �� - � _ I Ili �i fi IilPglli �11����� il�,ll IiiPePlii IiIP�P 11 P�� I � �� li�l Illhdlli Illhdlll Illhdlll Illhdlll ���, ii�ll i1lPogi�1 . Ii1P�P11i IIIPaPIiI IilPog111 ���� .. lull �� �� lilhdlll Illhdlll ��� �I � II1Paglli ; 111iom IiiPeP1 1111 li�� allhdl� Illhd� illhd� Sllhd 11 - �All iiiPoglil IliPaglll I11P©glll illPoPlll � ,� • , ,,,: : . il�A Illhdldi Allbdlli Illhdlll Illhdlli � -=,�- - , : , : Recording requet by , 01491,15E 000000.00 RED City of San Lui,_jbispo DOD. Nm 24082 07497925; D00000.ODU OFFICIAL RECORDS Return to- SAN LUIS OBISpO CO..CALIF. WILLIAM E.ZIMARIK. Cit ATTACHMENT 3 Y Clerk COUNTY RECORDER P. 0. sox 321 JUL251973 San Luis Obispo, CA 93401 Da q'AVNM RLSOLUTIOi; N0. 2472 (1973 Series) A RESOLUTIO11 FI11DI1IG AM DETER11INING TUAT A PORTIOU OF DANA AVrA=. IS ULT1ECESSARY FOP, PRESENT OR PROSPECTIVE STREET PURPOSES AND ORDERIIIIG T11E ABA2_IDO1[=k7T OF SPIT SUBTLCT TO RESERVATIO11 OF LASM1.-TTS AND REPEALIIIG A1ID SUP$RSEDT-7G P.1;SOLUTIO1I 00. 2446. BE IT RLSOLVED by the Council of the City of San Luis Obispo as follows: 1. In accordance with the public hearing duly held on April 2, 1973, pursuant to Division 9, Part 3, Chapter 2 of the California Streets and Highways Code, this Council finds � and determines that the portion of Dana Avenue shocm on the map marked Exhibit "A", attached hereto and thereby incorporated herein, is not necessary for present or prospective public street purposes and the same is hereby ordered abandoned subject to the reservation of. the following easement. A drainage and utility easement is hereby reserved over the full width .to permit installation, maintenance and repair, enlargement or removal of drainage and utility facilities. 2. This Resolution repeals and supersedes Resolution. No. 2446 and differs from Resolution No. 2446 in that sub- paragraphs 1(a) and 1(b) thereof concerning reservation of easements are combined and enlarged into one paragraph herein. 3. The City Clerk shall cause a certified copy of this IA Order of Abandonment, duly attested under the Seal of the City O to be recorded in the San Luis Obispo County Recorder's Office. ��?+ i biz � 1 a unci rV 7 i RESOLLTIOii kiU. 2472 (1973 Series) Page 2 On motion of Councilman Graham_, seconded by Councilman Gurnee , and on the following roll call vote: AYES: Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz .jOiS: None ABSEiiT: None the foregoing Resolution is passed and adopted this 4th day of June 1973. sl Kenneth E. Schwartz Mayor ATTEST: city er C E R T I F I C A T I 0 11 I hereby certify that the foregoing Resolution was duly and regularly passed by the Council of the City of San Luis Obispo at a Regular Ifeetint there9f.•held s on the 4th day of June 1973. .;. Ux..Claxk ' 1 a nnl2A-}' s um 17 n nparr _{1[ l 1 ' / SLACK ST. �.e4o HAYS ST. /1000 00/ 00000 ---- i i I i6c, Ao y Mc C OLLUM ST. SCALE: N lot = 100 ' N PROPOSED ABANDONMENT EXHIBIT FNn nF nnniimFmr �VOLJ.736 PACE 3V ATTACHMENT 4 Y { City of sc�n W116S OBI 0 , �r _� }� •`7 OFFICE OFT,HE CITU A'I OII'(E° Pus:OUICL l3..v 321 - -.In i.[ON5'J),CA 9240t -a0b SZ'.•(,]G y April 17, 1980 `-• Mr. lir. Granflaten Office o: the Cowity Engineer Courthouse Annex San Luis Obispo, CA 93501 Dear Mr. Granflaten: Tom Baumber4er has requested filing of a Record of Survey on certain lots in what is known as the Phiiiips Addition. Please see 'tie attached copy of one of the documents requested for filing (Attachment A) . Some question has arisen concerning the proper treatment of the two small rectangular areas set out in red ink _ on . <tachment A. In 1973 the City Council adopted Resolution lap. 2472 (Attachment B) which abandoned a "portion of Dana Avenue" as shown on a plat attaches to the resolution. In point of fact, the plat represents an abandonment of more than was initially created by the Phillips Addition Subdivision map -- see Attachment C, in particular the subdivision bounlary which has the effect of creating one-half of a street width on Dana Avenue. In any event, t^e map contains some sketc-ed in streets and blocks not within the subdivision boundary. While those blocks and streets outside the subdivision boundary were not created by the approval of the map, their being on the map is some indication of an intent that future streets would extend the patterns created by the map. To conclude that nays street does not extend to the subdivision boundary runs counter to the indicated intent mentioned. As well, it (1) results in the creation of the oddly configured lots renresentcd in Attachment A and (2) results in a private barrier to' the extension of days Street into any development to the east of the existing subciivi=.ion. :t appears rcasonablt-, a:; wtil, thr-t assumi.n.c nays street runs to the sutdivision boundary the City Council diel not intend to abandon that portion which coexists with D.,na Avenue; the language in the resolution abandons "Dana Aven­ " only. The bottom line: Those areas in red on Attachment A shou,d remain a part of Pays Street and not become a tay addition to th, iots shown. I have discovered ne law: on t::c subject which is of any real help. m•: cc•x_usions hure arc rased on what -ars to be a reasonable e " OL d- e=e' "a < a6 xeOG e .4 e9 o& " o'd 0 p. oa Q ° Q ° a B O °. Jim Gran,`:laten Page 2 April 17, 1990 interpretction of tha available information. 1 trLst this letter is of some assistance to you in making your decision. Io. very truly yours, a° George C. Thacher je City Attorney GCT/lp e Encls. ,a cc: Tom Baumbercer -o- Jerry Kenny , go , e ° 'o e 9 0 ° O° 0 4 RED FILE �Iu�IIIIIIIIIII��������IIIlll �l MEETING AGENDA councit mEmonanaum DATEL4LPi ITEM C��Z City of San Luis Obispo 777= DATE: December 7, 2004 TO: Mayor and Members of the City Council FROM: Audrey Hooper, City Clerk VIA: Ken Hampian, City Administrative Officer SUBJECT: REMOVAL OF AGENDA ITEM C12 - RESOLUTION THAT CLARIFIES THE INTENT OF THE DANA AVENUE ABANDONMENT, (RESOLUTION NO. 2472 [1973 SERIES]); THE ABANDONMENT DID NOT INCLUDE ABANDONMENT OF HAYS STREET Please note that Agenda Item C12 has been removed from the Agenda and will not be acted on with the Consent Agenda items. It will be brought back to the Council at a future date. �ih4rP COUNCI_ CDD D!R CAO FIN DIF ACAO FIRE CHIEF ATTORNEY PV!DIR CLERKORIG POLICE CHF D EADS REC DIR F� UTIL DIR :D PJts ZI HR DIR G:\301-03 AGENDAS\120404 C12 Removal from Agenda.DOC