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HomeMy WebLinkAbout04/04/1995, C-6 - TIME EXTENSION FOR ABANDONMENT OF MILL STREET, BETWEEN NIPOMO AND BROAD STREETS. city of San LUIS OBISPO M� A NijS COUNCIL AGENDA REPORT ME"NUMBER: FROM: �,/� Michael McCluskey, Public Works Director Prepared by: Gerald W. Kenny, Supervising Civil Engineer SUBJECT: Time Extension for Abandonment of Mill Street, between Nipomo and Broad Streets. CAO RECOMMENDATION: Adopt a new resolution abandoning Mill Street, between Nipomo Street and Broad Street, subject to reservation of easements and other conditions. BACKGROUND: The City Council conditionally approved the abandonment of Mill Street, between Broad and Nipomo Streets, per Resolution No. 8076 (1992 Series) on October 6, 1992. Based on requests for extensions, the Council subsequently approved 2 time extensions, the last being Resolution No. 8356 (1994 Series), which extended the time to meet conditions to April 6, 1995. Another letter from Cannon & Associates (attached) requests a three (3) month time extension to meet all of the conditions. Required improvement plans have been submitted and are ready for approval by the City Engineer. The required Lot Line Adjustment is being finalized, but requires a majority of the Mission Gardens homeowners to sign the document, because of the conveyance of a portion of the abandoned right of way to the Mission School. It is apparent that this item and others cannot be completeted prior to the April 6th deadline. The attached draft resolution has been prepared which includes a new expiration date of October 6, 1995. The applicant only asked for a 3 month extension but this will provide some leeway, in case of another unexpected delay. This resolution supercedes Resolution No. 8356 (1994 Series). This avoids confusion as to the effective date of the abandonment and when the conditions were actually met, since the resolution will be recorded in the County Recorder's Office when all conditions have been 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: Approve a resolution extending the time to meet the conditions of abandonment to October 6, 1995. Option 2: 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. C-ra- 1 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. (1995 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. (1995 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, 1995 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. (1995 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. 8356 (1994 Series) . On motion of seconded by , and on the following roll call vote, AYES: NOES: ABSENTt the foregoing Resolution was passed and adopted this day of 1995. MAYOR ATTEST: CITY CLERK APPROVED AS FORM: t rn G: . . . \Mist\MilAbXT3 .wp L /9'A CH 5 T S (> a T OIL B I\4o iX55 10 All I "I rd d��l�o � M g 60 Tiacf' S2 2 _ o t✓11LL 5T Il�6J Coiner 60 60 eek Y� f3L�'<. 31�.,..:� �. h Gift/di7' /1�� A0 ((\ O w J Legal Description of Hill Street Abandonment O That certain portion of Kill 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 in ` the Office of the San Luis Obispo County Recorder; thence, northerly to the most southerly corner of Tract 522, as recorded in Book 8 of Haps 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 purposes. 2. The NW'ly half of R/W for public pedestrian, bikeway and emergency purposes. 3. The NE'ly 195 ft. of the SE'ly 20 ft. of the NW'ly 30 ft. of said R/W for common driveway purposes for Tract No. 522. Clay O� ILL ST 9AA11.;e1V1Y9M " i- San tui s OBI SPO A . . p-Tw►SIMT wit"] ����H�►r►►I�IIIII���I��°�I�U��I City Of San WI S OBS SPO COUNCIL AGENDA REPORT Mill Street Abandonment Time Extension Meeting of April 4, 1995 Page Two FISCAL IMPACT: None. CONCURRENCES: The Community Development Director and City Attorney concur with the recommended action. Attachments: 1 - Draft Revised Resolution of Abandonment 2 - Resolution No. 8356 (1994 Series) 3 - Letter from Cannon & Associates (3-9-95) G:...\Misc\MiIAbXT3.wp C ' 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. 8356 (1994 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". R-8356 Resolution No. 8356 (1994 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 April 6, 1995 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. 8356 (1994 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. 8216 (1993 Series) . On motion of Rappa seconded by Romero , and on the following roll call vote, AYES: Council Members Rappa, Romero, Roalman, Vice Mayor Settle and Mayor Pinard NOES: None -ABSENT:- None the foregoing Resolution was passed and adopted this 4th day of October , 1994. MAYOR Pef Pinard ATTEST: CL Dia R. Gladwell APPROVED AS TO FORM: 4- 13. C Ltmen-5 f,tn City Attorney G: . . . \Misc\MilAbXT2.wp . ' L PSA CH 5 ;;,J , G � M g 0 60 .. •f S% •Ccrics I. . _ •. /Ycs ySZ 2 1 /� I Ar . .Tim. . , . . . .. - - NcJ �cr»er 60s 13Z ^. � '' • iegal Description of Hill Street Abandonment That certain portion of Hill 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 Haps at Page 168, recorded .on May 1, 1878 int the Office of the San Luis Obispo Counmty Recorder; thence, northerly to the most southerly corner of Tract 522, as recorded in Book Sof Haps 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. C ity o -X.�/B/T san tuis oBispo 00 • (Mmo 5r: T ;•y ;-is MICHAEL F. CANNON, PE ANOREw G. MERRIAM, AIA, AICD DANIELS. HUTCHINSON, LS lA�•Sli■S O�C I�AvT1E 51 March 9, 1994 RECEIVE D Whitney Macllvaine, Associate Planner NAR 1 0 1"5 Planning Department Wya UNUja ENGINEERS City of San Luis Obispo 00�Iy0 PLANNERS 990 Palm Street San Luis Obispo, CA 93401 SURVEYORS RE: Request for time extension for the Mill Street abandonment (Broad to Peach) (Resolutions 8058 and 8076) Dear Ms. MacIlvaine: As agent for the Catholic Church, Cannon Associates has completed all the improvement drawings and requirements for the street abandonment. All parties had signed the appropriate documents. Upon final plan check three months ago, however, it was determined that the Mission Gardens Homeowners Association could not sign as agent for the residents. Instead, after consultation with the First American Title Company, it was determined that a super majority of 75% of the owners must sign. Since there are 36 units, the requirement was for 27 signatures or pairs of signatures if there is a joint ownership. This has proved a daunting task. Many of the owners are absentee or elderly and find the requirement of signing with a notary public to be a major effort. To date we have gained 21 qualified signatures and have verbal commitments by phone from another 8 to 10. It is apparent to both Mission Gardens and the Mission School that we may not get all of the required signatures prior to the April 6th deadline. We are, therefore, requesting a three month time extension for this process. Thank you for your patience and understanding regarding this project which we believe to be a benefit not only to the adjacent land owners but the City as well. A check in the amount of$126 is enclosed to cover filing fees. Sincerely, 364 PACIFIC STREET Andrew G. Merriam, AIA, AICP 01110195 11:56AIM 101#7136 rC:' SAN Luis OBISPQ CA Principal PLAN ADPL FEES$i 93401 xc: Jerry Kenny Michael Morris 94031 I\timeextn 2 AGM 305.544-7407 ;tet 0805.511-3363