HomeMy WebLinkAboutReso 41-17 Vacation of Easement at 110 OrcasRESOLUTION NO. 41-17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
VACATING A PORTION OF THE PUBLIC UTILITY (SEWER) EASEMENT LOCATED
ON A PORTION OF PROPERTY AT 110 ORCAS STREET, USING THE AUTHORITY
ESTABLISHED BY THE CALIFORNIA STREETS AND HIGHWAYS CODE, SECTION
8335 ET SEQ.
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City Council of the City of Morro Bay (the "City") is agreeable to
the relocation of a public utility easement to conform with the actual alignment of the
existing sewer line on a portion of Lot 2, Block 6, Tract 81, as shown on the Map
Recorded April 28, 1958, and filed in Book 5 at Page 111 in the office of the County
Recorder of San Luis Obispo County, State of California; also known as 110 Orcas
Street; APN: 065-111.030;
WHEREAS, pursuant to California Streets and Highways Code, section 8333,
the City Council has the authority to summarily vacate said public utility easement sewer
and utility easement since:
(a) The portion of the easement to be vacated has not been used for the purpose
for which it was dedicated or acquired for five consecutive years immediately preceding
the proposed vacation
(b) The easement has been superseded by relocation, and determined to be
excess by the easement holder, and there are no other public facilities located within the
easement;
WHEREAS, all entities having any potential right, title, or interest in the public
service easement being vacated have been noed of this action and have responded
they have no known future need for reservation of rights to that portion of the easement;
WHEREAS, from and after the date this Resolution is recorded, the vacated
public easement no longer constitutes a public easement and is returned to the adjoining
property owner in perpetuity, as fair and reasonable compensation for that new portion
dedicated for public use; and
WHEREAS, the Mayor of the City of Morro Bay, under the authority granted in
the adopted City Council Policies and Procedures, has accepted the dedication of a new
portion of said public sewer easement to properly align said easement with the actual
location of the existing sewer line.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay as follows:
Section 1: Findings. Based upon all the evidence, the Council makes the following
findings:
California Environmental Qualitv Act (CEQA) Findinas
1. Pursuant to the State CEQA Guidelines, sections
project is categorically exempt from CEQA review.
2. The exceptions to the categorical exemptions
Guidelines, section 15300.2 do not apply.
15302, 15304 and 15305, the
identified in the State CEQA
Section 2. Finding. The Council of the City of Morro Bay has evaluated the suitabty of
this public utility relocation in relation to applicable provisions of California Streets and
Highways Code, section 8333 et seq. and finds the easement can be summarily vacated
consistent with the procedures outlined in Section 8335,
Section 3. Action. The City Council does hereby find the disposition of that portion of
the sewer easement located on 110 Orcas Street as described in EXHIBIT A and shown
on EXHIBIT B, is hereby vacated and orders the City Clerk to cause the recording of this
Resolution together with dedication of the new easement in the Office of the County
Clerk Recorder for the County of San Luis Obispo California.
PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof
held on this 11th day of July, 2017 on the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
Irons, Davis, Headding, Makowetski, McPherson
None
None
None
J, ie L. rons, yor
ATTEST
WJ
Dana Swanson, City Clerk