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Home My WebLink About10/01/1991, C-6 - STREET ABANDONMENT - CONSIDERATION OF REQUEST TO ABANDON PORTIONS OF MUTSUHITO AND FREDERICK AVENUES BETWEEN VICTORIA AVENUE AND THE FORMER PACIFIC COAST RAILROAD RIGHT-OF-WAY. jb EETINoG�� AI O �e �' �� Ii► ll � city o� san .�.is osispo p& COUNCIL AGENDA REPURT FROM;�Ii Arnold Jonas, Community Development Director; By: Jeff Hosociate Planner SIIBJECT: street Abandonment - Consideration of request to abandon portions of Mutsuhito and Frederick Avenues between Victoria Avenue and the former Pacific Coast Railroad right-of-way. CAO RECOMMENDATION: Adopt a resolution of intent to abandon the requested street portions. BACKGROUND On September 17th, councilmembers approved the tentative map for Villa Rosa and continued a related street abandonment request. on August 28th, the Planning Commission recommended that the City Council approve the requested street abandonments and vesting tentative map for Villa Rosa, a 85-unit residential planned development. Before the City Council can take action on the street abandonment request, State law requires that the council adopt a resolution of intent to abandon to provide adequate public notice. On August 6th the City Council approved a general plan amendment and preliminary development plan, and introduced an ordinance rezoning the Villa Rosa Site to R-3-PD. Councilmembers finally i adopted the PD ordinance on September 3, 1991. ADVISORY BODY RECOMMENDATION ! The Planning Commission recommends that the City Council abandon Mutsuhito and Frederick Avenues between Victoria Avenue and the former Pacific Coast Railroad right-of-way. The Commission asked j staff to look into whether the city holds fee title to the right- of-way, or controls it as an easement. Some commissioners felt that due to the amount of area which would revert to the developer upon abandonment (0. 9 acre) , some compensation to the city may be appropriate if the street portions are owned in fee. The City Engineer has determined that the rights-of-way exist as easements, created by the subdivider's offer of dedication shown on the original subdivision map in the late 18001s. The streets were never improved, nor is there record of the City formally accepting the offer of dedication. Upon abandonment, the streets' ownership reverts to the underlying property owner under State law. The preliminary title report names Stan and Elizabeth Bell as the property owners. Since the City appears to have no fee title interest in the "paper streets" , no compensation is owed to the City upon abandonment. Before the subdivider can record the final subdivision map, he must have the signatures of all property owners with a record title interest. If subsequent title search shows that that the City holds any fee title interest, the City could still require MEETING DATE: ��a►��iIUIINIIIII��' ��UIII city of San tins OBISpo TEM NUMBER: COUNCIL AGENDA REPORT Staff Report Page 2 appropriate compensation prior to recording the final tract map. EVALUATION The subdivider asks that the city abandon unimproved portions two streets -- a 340-foot long section of Mutsuhito Avenue between Broad Street and the tract's east boundary; and a 343-foot section of Frederick Street between Mutsuhito Avenue and Lawrence Drive. These streets are part of the Imperial Tract, a subdivision recorded in 1894 and named for royalty reigning at the end of the nineteenth century. They included Victoria (named after Queen Victoria of Great Britain) , Kuang-Su (now Lawrence Drive, named for Emperor Kuang-hsii of China) , and Mutsuhito (named after Japanese emperor Mutsuhito) . Upon abandonment, ownership of the 60-foot rights-of-way would normally revert to the underlying property owner. Dedication of additional street right-of-way is shown at the east end of Lawrence Drive for automobile turnarounds where the public street ends and Villa Rosa's private driveways begin. Victoria Avenue will be improved within its existing 60-foot wide right-of-way. Staff supports the abandonments. These remnant, unimproved streets do not link up with any other streets, nor is it likely that they will needed for future street connections. As part of the Imperial Addition, these streets were originally platted as a residential subdivision. Due to the location of existing development just east of the tract, there is no need or likelihood of extending Mutsuhito Avenue to meet McMillan Avenue. ALTERNATIVE ! 1. Do not adopt a resolution of intent to abandon. Staff does not recommend this alternative since street abandonment is necessary to implement the council-approved preliminary development plan, PD 1518. Attachments: -Draft Resolution -Street Abandonment Map g RESOLUTION NO. (1991 Series) A RESOLUTION OF INTENTION TO ABANDON PORTIONS OF MUTSUHITO AND FREDERICK AVENUES BEn'VEEN VICTORIA AVENUE AND THE FORMER PACIFIC COAST RAILROAD RIGHT-OF-WAY. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. It is the intention of the City of San Luis Obispo to abandon unimproved portions of Mutsuhito and Frederick Avenues between Victoria Avenue and the former Pacific Coast Railroad right-of-way, as shown on the map marked Exhibit "A", attached hereto and incorporated herein by such reference, pursuant to Section 8300 et. seq. of the Streets and Highways Code. SECTION 2. Copies of the map showingthe the particulars of the proposed abandonments are also on file in the office of the City Clerk, at 990 Palm Street. SECTION 3. Tuesday, October 22, 1991, 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 not less than fifteen (15) days from the passage of this resolution. 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 abandonments, in the Telegram-Tribune, a newspaper published and circulated in this city. SECTION 5. The City Engineer shall post at least three (3) notices of the proposed abandonments in prominent locations near the portion of the street 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. Council Resolution No. (1991 Series) Page 2 SECTION 6. The City Engineer shall notify utility companies affected by the proposed abandonments at least ten (10) days after adoption of the Resolution of Intention in accordance with Section 8347 of the Streets and Highways Code. 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 1991. 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VILIA ROSH OR TRACT 2066 25 TT ------------- Rp4o VIQINIW MAP VILLA ROSA TRACT 2066 PROPOSED ABANDONMENT F MUTSUHITO AND FREDERICK AVENUES - EXHIBIT "A"