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:
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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.
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����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)
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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:
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^. � '' • 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.
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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