HomeMy WebLinkAboutr10402vacatingaportionofthefrederickavenue&humbertaverights-of-wayRecording requested b y
and when recorded mail to :
City Cler k
990 Palm Street
San Luis Obispo, CA 9340 1
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 . 10402 (2012 Series )
A RESOLUTION OF THE CITY OF SAN LUIS OBISP O
VACATING A PORTION OF THE FREDERICK AVENU E
AND HUMBERT AVENUE RIGHTS-OF-WA Y
WHEREAS,the Planning Commission, as required by Section 65402 of the Californi a
Government Code, made certain findings that the location, purpose, and extent of the propose d
abandonment (vacation) of a portion of Frederick Avenue and Humbert Avenue is i n
conformance with the adopted General Plan, as prescribed in Planning Commission Resolutio n
No . 5517-09 ; an d
WHEREAS,the portions of Frederick Avenue and Humbert Avenue proposed fo r
vacation have been impassable for vehicular travel for at least five consecutive years and no publi c
money was expended for maintenance on the streets during such period ; and
WHEREAS, adjoining properties remain accessible by other existing public streets ; an d
WHEREAS, all existing public utilities within the proposed streets to be vacated hav e
been relocated and new easements will be dedicated ; an d
WHEREAS,the proposed vacation meets the requirements of a summary vacation pe r
Section 8331 of the Streets and Highways Code ; an d
WHEREAS, the summary vacation procedure permits vacation of a street without publi c
notice or hearing .
NOW, THEREFORE,BE IT RESOLVED by the Council of the City of San Lui s
Obispo as follows :
R 10402
Resolution No . 10402 (2012 Series )
Page 2
SECTION 1 .That portion of Frederick Avenue in the City of San Luis Obispo, Count y
of San Luis Obispo, State of California, as shown on the map for the Imperial Addition a s
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 no t
necessary for present or future public street purposes :
A 60' right-of-way extending from the southerly right-of-way line of Franci s
Avenue in a southerly direction to the northerly line of the previous Frederic k
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, Count y
of San Luis Obispo, State of California, as shown on the map for the Imperial Addition a s
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 no t
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 th e
California Streets and Highways Code .
SECTION 4 .From and after the date this resolution is recorded, said portions o f
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 th e
necessary rights-of-way for the Humbert Avenue and Francis Avenue cul-de-sacs . Said offers o f
dedication shall record concurrently with this resolution .
SECTION 6 .Upon notification from the Director of Public Works to the City Clerk tha t
the conditions prescribed in Section 5 have been met, the City Clerk shall cause a certified cop y
of this Resolution of Vacation, duly attested under the seal of the City, to be recorded in th e
Office of the San Luis Obispo County Recorder .
SECTION 7. The Mayor and City staff are authorized to take action necessary to carr y
out the intent of this resolution .
Upon motion of Council Member Ashbaugh, seconded by Council Member Carter, an d
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 th day of October 2012 .
ATTEST :
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7
Portion of Frederick /WE,
to be abandone d
AU and own out atPortious'of Frederick AVG.•:and Hula'eat As'