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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dedicated or acquired for five consecutive years immediately preceding the proposed vacation (b) The easement has been superseded by relocation, and determined to be excess by the easement holder, and there are no other public facilities located within the easement; WHEREAS, all entities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