HomeMy WebLinkAboutD-1912 Recorded 04/05/20120
RECORDING REQUESTED TBY
AND WHEN RECORDED MAIL TO:
City Clerk's Office
CITY OF SAN LUIS OBISPO
990 Palm Street
San Luis Obispo, CA 93401
i
JULIE ROD . LD
San Luis Obispo County— Clerk/Recorder
Recorded at the request of
Public
2012018014 ^`
Fees
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Others
PAID
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. 9846 (2006 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A ONE YEAR TIME EXTENSION TO COMPLETE THE
CONDITIONS OF RESOLUTION 9676 (2005 SERIES) RELATING TO THE
ABANDONMENT OF SAN JUAN DRIVE AND MODIFYING THE
CONDITIONS OF ABANDONMENT
AG
4/05/2012
9:58 AM
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RESOLUTION NO. 9846 (2006 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A ONE YEAR TIME EXTENSION TO COMPLETE THE CONDITIONS
OF RESOLUTION 9676 (2005 SERIES) RELATING TO THE ABANDONMENT OF
SAN JUAN DRIVE AND MODIFYING THE CONDITIONS OF ABANDONMENT
WHEREAS, following a public hearing duly held on May 3, 2005, this Council
approved the abandonment of San Juan Drive pursuant to Section 8300 et seq. of the California
Streets and Highways Code and adopted Resolution 9676 (2005 Series), marked "Exhibit A ",
attached hereto and incorporated herein; and
WHEREAS, by that Resolution this Council determined that the San Juan Drive right of
way is not necessary for present or future public street purposes; and
WHEREAS, Item 4 of Section 2 of Resolution No. 9676 (2005 Series), provides that
items 1 through 4 must be met within one year or that abandonment will be null and void; and
WHEREAS, the applicant that sought the abandonment has requested an extension of
time in which to fulfill the conditions of abandonment.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. This Council hereby approves a one year time extension of the date set
forth in item 5 of section 2 of Resolution No. 9676 (2005 Series), and modifies item 5 to read:
All abandonment conditions shall be met by October 3, 2007, or upon expiration of the
current specific project or tentative_ subdivision approval which incorporates' the
respective abandonment.
SECTION 2. Items 2 and 3 of Section 2 of Resolution No. 9676 (2005 Series), are
hereby eliminated.
SECTION 3. All other provisions of Resolution No. 9676 (2005 Series), shall remain in
full force and effect.
On motion of Council Member Mulholland, seconded by Vice Mayor Settle, and on the
following roll call vote,
AYES: Council Members Brown, Ewan, and Mulholland, Vice Mayor Settle and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 3rd day of October 2006.
I�
Resolution No. 9846 (2 ries)
Page 2
ATTEST:
v i iA">3dxey,k�oor r
APPROVED AS TO FORM:
Jona P. Lowell
City Attorney
Mayor David F. Romero
•
Recording requested by
and when recorded mail to:
City Clerk
990 Palm Street
San Luis Obispo, CA 93401
z;1lBIT "All
RESOLUTION NO. 9676 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
FINDING AND DETERMINING THAT SAN JUAN AVENUE IS UNNECESSARY FOR
PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING ITS
ABANDONMENT, SUBJECT TO RESERVATION OF SPECIFIC EASEMENTS.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. In accordance with a public meeting duly held on March 15, 2005,
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 San Juan Drive, described
as
"All of San Juan Drive, being a 30 foot wide drive as shown on Page 3 at Page 66
of Maps filed in the office of the San Luis Obispo County Recorder on September
23, 1925, located in the City of San Luis Obispo, County of San Luis Obispo.,
State of California"
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 conditions:
Reservation of an easement over the abandoned right of way for public utilities and
public sewer, and
"Reserving to Pacific Gas and Electric Company, the right from time to time to install,
maintain, repair, operate, replace, remove and renew underground wires and other
structures, equipment and fixtures for the operation of said.facilities within said
easement."
2. Recordation of the final Lot Line Adjustment document for the property located at 2318
Loomis Street.
R 9676
W.
Resolution No. 9676 (2005 Series)
Page 2
0)
3. Preparation. of a Record of Survey in accordance with California Business and Professions
Code Section 8700 et seq. and to be recorded concurrently with this abandonment showing
the Lot Line Adjustment in condition 2 and this Abandonment.
4. Construction of a ten foot wide "all weather" access road to all sewer manholes or clean-
outs in the area of abandonment
Items 1 through 4 must be met within one (1) year of this date. Otherwise, this resolution
will expire and be null and void.
SECTION 3. Upon notification from the Director of Public Works to the City Clerk that
the conditions prescribed in SECTION 2 have been met, 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 Council Member Mulholland, seconded by Council Member Settle, and on
the following roll call vote,
AYES: Council Members Brown, Mulholland and Settle and Vice Mayor Ewan
NOES: Mayor Romero
ABSENT: None
The: foregoing Resolution was passed and adopted this 3rd day of May 2005.
Mayor David F. Romero
ATTEST:
C
Audrey Hoop
City Clerk
APPROVED AS TO.FORM:
J ath t P. Lowell
City ttorney
C/OS -5
R -1 -S
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I R -1 1
R1
1
Exhibit If
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C-T-S J1R -'I -S
CIOS -40
Exhibit "A' File No. 155-04
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fan Juan Drive Abandonment A
END OF ®OCUMr:NT