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Home My WebLink About9102'J RESOLUTION NO. 9102 (2000 Series) CITY OF SAN LUIS OBISPO CITY COUNCIL RESOLUTION OF INTENTION TO ABANDON A PORTION OF THE OLIVE STREET (FORMERLY FIG STREET) RIGHT -OF -WAY AND TO ABANDON THE FULL MORRO STREET RIGHT -OF -WAY, BETWEEN STENNER CREEK AND U.S. HIGHWAY 101, (ABAN 83 -99) WHEREAS, the City of San Luis Obispo Planning Commission conducted a regular public hearing on July 26, 2000, for the purpose of making a General Plan determination and formulating a recommendation to the City Council on a request for partial abandonment of the Olive Street (formerly Fig Street) right -of -way (R/W) between Morro Street and the U.S. 101 southbound onramp, and for a full abandonment of the Morro Street R/W between Stenner Creek and U.S. Highway 101; WHEREAS, a title report prepared by First American Title Company shows that the City of San Luis Obispo has fee ownership of land underlying a portion of the Olive Street R/W, and the City has received a request to sale or trade said property; and WHEREAS, the sale or trade of City -owned property must be done in accordance with the City Charter (Section 906), the California Government Code (Sections 54222 and 65402) and the procedures of the City's Property Management Manual; and WHEREAS, the City Planning Commission found that the proposed right -of -way abandonment was consistent with the City's General Plan, and recommended that the City Council approve the abandonment and direct the sale of the City -owned property, based on findings, and subject to conditions as indicated in Planning Commission Resolution 5295 -00, incorporated herein by reference; BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Action - Intention to Abandon. It is the intention of the City of San Luis Obispo to abandon a the above - referenced public right -of -ways as shown on the map marked Exhibit "A ", attached hereto and incorporated herein by reference, pursuant to Section 8300 et.seq. of the State of California Streets and Highways Code, and that the abandonment shall be based on the following findings, and subject to the following conditions: Findings: 1. The proposed right -of -way abandonment is consistent with the General plan because it will continue to service public needs with reservation of permanent easements for a bike /pedestrian path, creek assess and maintenance, and public utilities. R 9102 City Council Resolution No.9 102 (2000 Series) Page 2 2. The existing public right -of -way is wider than necessary to serve public circulation, utility and creek access /maintenance needs. 3. The street easement is unnecessary for present and prospective public use. 4 The proposed right -of -way abandonment is categorically exempt from environmental review under Section 15301 of the California Environmental Quality Act. 5. According to the title report prepared by First American Title Company, Rajni Desai et.al. owns all of the properties surrounding this City -owned property and is the most logical party to purchase the property because the abandonment will not create a separate buildable lot given this property's small size, irregular shape and proximity to the freeway. Conditions: If the Council determines that all or a portion of any "excess" right of way should be abandoned, easements must be reserved for public water, sewer and storm drain systems, pedestrian/bike access, creek assess and maintenance; and the reservation of easements for public and private utilities to the satisfaction of the City, Caltrans and the respective utility companies. Specific details will be determined during the abandonment process, prior to adoption of a final abandonment resolution by the City Council. 2. No buildings or support structures will be allowed within the easements, other than paving and specifically approved landscaping. 3. A lot line adjustment or lot merger shall occur prior to recordation of a final abandonment resolution to eliminate landlocked parcels. Any needed private utility easements and/or necessary utility service adjustments shall be provided, as determined by the Utilities Department and Chief Building Official. 4. The applicant shall enter into an agreement to purchase the City -owned property at a fair market value based on valid appraisal. Final abandonment shall become effective upon the sale or trade of any City-owned property underlying the public right -of -way. SECTION 2. Copies of the map showing the particulars of the proposed abandonment are on file in the office of the City Clerk, at 990 Palm Street. SECTION 3. Tuesday, November 21, 2000, at 7:00 p.m. in the Council Chamber of the City Hall, 990 Palm Street, San Luis Obispo, California is the time and place set for hearing all persons interested in or objecting to the proposed abandonment, which time is more than fifteen (15) days from the passage of this resolution. City Council Resolution No: y102 (2000 Series) Page 3 SECTION 4. This resolution, together with the ayes and noes, shall be published once in full at least ten (10) days before the public hearing on the proposed street right -of -way abandonment, in The Tribune, a newspaper published and circulated in this city. SECTION 5. The City Engineer shall post at least three (3) notices of the proposed abandonment in prominent locations near the portion of the street right -of -way to be abandoned at least fourteen (14) days before the date set for the hearing in accordance with Section 8322 of the Streets and Highways Code. SECTION 6. The City Engineer shall notify utility companies affected by the proposed abandonment within ten (10) days after adoption of the Resolution of Intention in accordance with Section 8347 of the Streets and Highways code. On motion of Council Member Romero, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was passed and adopted this 3'd day of October 2000. Mayor Allen Settle City Clerk Lee Price APPROVED: i tto ey J rey . Jorgensen Attachment: Exhibit "A" - Street. right-of-way Abandonment. Map �T Resolution No. 910.2 (2000 Series) Exhibit "A" ABANDONMENT AREA OLIVE ST. S53'03'13-W 553'03'13"w I t2t.95' - -' �z.- -- -- -- -- -- - -• -- 73.23' m � I O p OIP Ct y M .£Z'£L _ _ i N_53V2'48E _ l,£O.£SN 73.14' j j0 I II_ f I< � 4 I d UiO' 1 1 ` ❑ - - - -- C I i'1 I N 1 � I 1 i (Former FIG STREET) '% Highway lol Right -of -Way U.S. HIGHWAY '10'1