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Home My WebLink About09/21/1993, C-10 - TIME EXTENSION FOR ABANDONMENT OF MILL STREET, BETWEEN NIPOMO AND BROAD STREETS. I��H��N��NIIIIIIIuI III ' ING2qATE9993 =IIIc �,"J Or san Lj1S oBispO ITEM NUMBER: COUNCIL AGENDA REPORT -� FROM: �� Michael McCluskey, Public Works Director�-v r� Prepared by: Gerald W. Kenny, Supervising Civil Engineer SUBJECT: Time Extension for Abandonment of Mill Street, between Nipomo and Broad Streets. CAO RECOMMENDATION: Adopt resolution abandoning Mill Street, between Nipomo Street and Brbad Street, subject to reservation of easements and other conditions. BACKGROUND: The City Council approved the abandonment of Mill Street, between Broad and Nipomo Streets per Resolution No. 8076 (1992 Series) on October 6, 1992. However, there were certain conditions that had to be met prior to its effectiveness and recordation within one (1) year or the resolution would expire. A letter from the Diocese of Monterey (attached) requests a one (1) year time extension to meet those conditions. The time extension is necessary to allow completion of the earthquake retrofit analysis of the Mission College Prep building and design of expansion facilities, currently underway. The attached draft resolution has been prepared which includes the new expiration date (October 6, 1994) and supercedes Resolution No. 8076 (1992 Series) . This is to avoid confusion as to the effectiveness of the abandonment and when the conditions were met, since the resolution will be recorded in the County Recorder's Office when the conditions are met. The required public hearing was held on October 6, 1992 to consider the abandonment and the issue of a time extension is not subject to another hearing, according to the City Attorney. ALTERNATIVES: Option 1: By motion, deny approval of the revised resolution extending the time to meet the conditions if the Council determines that this right of way should not be abandoned after all. FISCAL IMPACT: None. C-/O-� "��►►�hIIIII�� ll�lll City Of San LaIS OBISp0 COUNCIL AGENDA REPORT Mill Street Abandonment Time Extension Meeting of September 21, 1993 Page Two CONCURRENCES: The Community Development Director and City Attorney concur with the recommended action. Attachments: 1 - Draft Revised Resolution of Abandonment 2 - vicinity Map 3 - Resolution No. 8076 (1992 Series) 4- Letter from Diocese of Monterey (9-3-93) G: . . . \Mist\MilAbXT.wp Cold-� Recording requested by and when recorded mail to: City Clerk City of San Luis Obispo P. 0. Box 8100 San Luis Obispo, CA 93403-8100 RESOLUTION NO. (1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT MILL STREET, BETWEEN NIPOMO STREET AND BROAD STREET, IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING ITS ABANDONMENT, SUBJECT TO RESERVATION OF PUBLIC UTILITY EASEMENTS AND OTHER CONDITIONS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with the public hearing duly held on October 6, 1992, pursuant to Section 8300 et seq. of the California Streets 'and Highways Code, this Council finds and determines that Mill Street, between Nipomo Street and Broad Street, as described and shown on the map marked Exhibit "A", attached hereto and incorporated herein, 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: A. Reservation of an easement for public utilities over the entire 60 ft. wide right of way. B. Reservation of easements for public sanitary sewer and water mains and appurtenances thereto, drainage, emergency access and public pedestrian and bicycle purposes, over the abandoned right of way, as shown on the attached Exhibit "A" . Resolution No. (1993 Series) Page Two. C. Recordation of a 20 ft. wide common driveway easement agreement which provides for common driveway access in perpetuity to parcels formerly served by the right of way, to the satisfaction of the Community Development Director. D. Installation of standard frontage improvements (curb, gutter, sidewalk and driveway ramp) along with necessary drainage facilities along the Broad Street frontage, to the satisfaction of the City Engineer. E. Installation of public drainage, pedestrian and bikeway improvements to the satisfaction of the Public Works and Community Development Directors. F. Recordation of lot line adjustment, via a Certificate of Compliance, which combines all lots of record, to the satisfaction of the Community Development Director. G. Items C. through F.. must be met by October 6, 1994 or this resolution will expire and will be null and void. The easement reservations may be modified by the City Engineer (upon a determination by the City Engineer that the full easement reservation is not needed for various public easements and public access) prior to recordation of this resolution, subject to approval of plans and installation of such improvements that would allow for such modifications. SECTION 3. Upon notification by the City Engineer that the conditions prescribed in Section 2 have been met, the City Clerk Resolution No. (1993 Series) Page Three shall cause a certified copy of this Order of Abandonment, duly attested under the seal of the City, to be recorded in the office . of the Recorder of the County of San Luis Obispo. SECTION 4. This resolution supercedes Resolution No. 8076 (1992 Series) . . 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 1993. MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: gitty Attorney G: . . . \Mist\MilAbXT.wp C -ld•� CH ST ` a ,A N 6° �f'IOSt s�y �Or.1tr 1�II LL 57; � 1VW Corner �► eek 3w /3Z 3 h, 604 'I�ttio:� L�/� _ E JV I--, s :. . Legal Description of Mill Street Abandonment o That certain portion of Mill Street right of way, _60 feet wide, between the prolongation of the westerly line of Broad Street and a line described as follows: Beginning at the northwesterly corner of Block 36 of the Town of San Luis Obispo as recorded in Bk. A of Maps at Page 168, recorded on May 1, 1878 1nL the Office of the San Luis Obispo Counmty Recorder; thence, northerly to the most southerly corner of Tract 522, as recorded in Book 8 of Maps at Page 60, in the office of the San Luis Obispo County Recorder. Subject to reservation of the following easements: 1. The entire R/W for public utilities, sewer, water and drainage. 2. The NW'ly half of R/W for public pedestrian, bikeway and emergency access purposes. 3. The NE'ly 195 ft. of the SE'ly 20 ft. of the NW'ly half of R/W for common driveway purposes for Tract No. 522. . .,:Y Cly! �� 46%#1461r ' Nip san tins oBispo �/ILL 5T �l� �I/l ic�/�'l9/V�' �9 0AV fir' T NiPotil� 5T J 0 �O ny P ��o Y 5 �• 90 • T y � i C- 10 - 7 Recording requested by and when recorded mail to: City Clerk City of San Luis Obispo P. O. Box 8100 San Luis Obispo, CA 93403-8100 RESOLUTION NO. 8076 (1992 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT MILL STREET, BETWEEN NIPOMO STREET AND BROAD STREET, IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING ITS ABANDONMENT, SUBJECT TO RESERVATION OF PUBLIC UTILITY EASEMENTS AND OTHER CONDITIONS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with the public hearing duly held on October 61 1992 , pursuant to Section 8300 et seq. of the California Streets and Highways Code, this Council finds and determines that Mill Street, between Nipomo Street and Broad Street, as described and shown on the map marked Exhibit "A" , attached hereto and incorporated herein, 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: A. Reservation of an easement for public utilities over the entire 60 ft. wide right of way. B. Reservation of easements for public sanitary sewer and water mains and appurtenances thereto, drainage, emergency access and public pedestrian and bicycle purposes, over the abandoned right of way, as shown on the attached Exhibit "A" . R 8076 Resolution No. 8076 (1992 Series) Page Two. C. Recordation of a 20 ft. wide common driveway easement agreement which provides for common driveway access in perpetuity to parcels formerly served by the right of way, to the satisfaction of the Community Development Director, D. Installation of standard frontage improvements (curb, gutter, sidewalk and driveway ramp) along with necessary drainage facilities, along the Broad Street frontage, to the satisfaction of the City Engineer. E. Installation of public drainage, pedestrian and bikeway improvements to the satisfaction of the Public Works and Community Development Directors.. F. Recordation of lot line adjustment, via a Certificate of Compliance, which combines all lots of record, to the satisfaction of the Community Development Director. G. Items C. through F. must be met within one (1) year of this date. Otherwise, this resolution will expire and will be null and void. The easement reservations may be .modified by the City Engineer (upon a determination by the City Engineer that the full easement reservation isnot needed for various public easements and public access) prior to recordation of this resolution, subject to approval of plans and installation of such improvements that would allow for such modifications. SECTION 3 . Upon notification by the city Engineer that the conditions prescribed in Section 2 have been met, the City Clerk C. /O-rf Resolution No. 8076 (1992 Series) Page Three shall cause a certified copy of this Order of Abandonment, duly attested under the seal of the Cityr to be recorded in the Office of the Recorder of the County of San Luis Obispo. On motion of Councilmember Rappa, seconded by Mayor Dunin , and on the following roll call vote, AYES: Councilmember Rappa, Mayor Dunin, and Councilmember Reiss NOES: Councilmember Roalman ABSENT: Councilmember Pinard the foregoing Resolution was passed and adopted this 6th day of October , 1992. MAYOR R0N IN ATTEST:, CST CLERK DWV.GnDWELL APPROVED AS TO FORM: jV1jAtor APPROV City dmi }tive Officer Cty peer I J ar--- Com(—munity D tv lopment Director F.Verry\MdLAbn2.wp . L F4A eH S T { I . . tri ! •• . '( L � DRQ jCt t}{ x,15 • � -J ` LG1� . r � o $/ Cc�r�t i�ILL NW Cerner 40 I Silk. 3(� /3Z/<: 34. FE Legal Description of Mill Street Abandonment . That certain portion of Mill Street right of way, 60 feet wide, between the � . prolongation of the westerly line of Broad Street and a line described as follows: Beginning at the northwesterly corner of Block 36 of the Town of San Luis Obispo as recorded in Bk. A of Maps at Page 168, recorded on May 1, 1878 inL the Office of the San Luis Obispo Counmty Recorder; thence, northerly to the most southerly corner of Tract 522, as recorded in Book 8 of Maps at Page 60, in the office of the San Luis Obispo County Recorder. Subject to reservation of the following easements: • 1. The entire R/W for public utilities, sewer, water and drainage. 2. The NW'ly half of R/W for public pedestrian, bikeway and emergency access purposes. 3. The NE'ly 195 ft. of the SE'ly 20 ft. of the NW'ly half of R/W for common driveway purposes for Tract No. 522. city Of San lues OBISPO f '' C r 44 DIOCESE OF moNTEREY 4 ie057ei7198 NO.376 P002 DIOCESE of MONTEREY PASTORAL OFFICE — S80 Fremont Street P.O. Box 2048 Monterey, California 93942 Telephone (408)373-4345 Fax(408)373-1175 1� September 31, 1993 Michael McCluskey Director of Public Works 955 Morro Street San Luis Obispo. CA 93401 Reference: Resolution No. 8076 (1992 Series) Mill Street . Abandonment Dear Mr. McCluskey, The Roman Catholic Bishop of Monterey, California on behalf of the Diocese of Monterey Education and Welfare Corporation hereby requests a one-year time extension for the completion of the conditions as set forth in the above referenced resolution for street abandotunent, in paritcular item G. The time extension is requested in order to allow completion of the retrofit analysis of Mission College prep and any expansion of said facilities. It is extremely important that the improvements in the abandoned portion of Mill Street coordinate and integrate with any proposed improvements/expansion of the Mission College Prep campus to include surface and landscape improvement in addition to drainage improvemeam Thank you for handling this item for us. Sincerely yours, Rev. Charles G. Fatooh Moderator of the Curia/Chancellor CGF/cd o� William Tickell ed h..IM:eaftcwrez:sep:=cLusky • iii_ '-i iri�� .'.. C-1 �lZ