HomeMy WebLinkAboutReso 103-19_Order to Abandon_196 PanayRECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk's Office
CITY OF MORRO BAY
595 Harbor Street
Morro Bay, CA 93442
This document is recorded for the benefit of the City of Morro Bay, A Municipal
Corporation, and is exempt from fee per Government Code Sections 27383.
RESOLUTION NO. 103-19
RESOLUTION OF THE CITY COUNCIL OF CITY OF MORRO BAY,
CALIFORNIA FINDING AND DETERMINING THAT PORTIONS OF PUBLIC
SERVICES EASEMENTS IS UNNECESSARY FOR PRESENT OR
PROSPECTIVE PUBLIC PURPOSES AND ORDERING THEIR
ABANDONMENT
RESOLUTION NO. 103-19
RESOLUTION OF THE CITY COUNCIL OF
CITY OF MORRO BAY, CALIFORNIA
FINDING AND DETERMINING THAT PORTIONS OF PUBLIC SERVICES
EASEMENTS IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC
PURPOSES AND ORDERING THEIR ABANDONMENT
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, pursuant to California Streets and Highways Code §8300 et seq,
('the Code") an interested person, may request the abandonment (vacation) of a public
services easement; and
WHEREAS, property owner at 196 Panay Street, Morro Bay, California
APN's 065-106-046 and 065-106-147 described as follows:
That portion Block 9D of Atascadero Beach, in the City of Morro Bay,
County of San Luis Obispo, State of California, according to the map filed in
Book 2, page 4 of Maps, described in those certain Voluntary Mergers filed
as Instrument No. 2007-073790 and 2007-073791, in the office of the
County Recorder of said County;
has requested abandonment of portions of existing utility easements) located
on their property in order to receive the full enjoyment of said property; and
WHEREAS, at its discretion the City Council may, pursuant to code, abandon all
or part of a public service easement within the City; and
WHEREAS, the Planning Commission of the City of Morro Bay conducted a
hearing on October 1, 2019 and found the proposed abandonment consistent with the
City's General Plan conformance; and
WHEREAS, the Planning Commission recommended approval to City Council.
WHEREAS, the City Council adopted Resolution 93-19, the Resolution of
Intention for the partial abandonment of utility easements and set the required public
hearing date for December 10, 2019, and included the following direction for public
notification:
1. The City Clerk caused the publication of a notice of the hearing on the
proposed abandonment for at least two successive weeks prior to the
hearing in a newspaper of general circulation for the City of Morro Bay.
2. The City Clerk caused the posting of notices of the proposed abandonment
along the line of the easements proposed to be abandoned in accordance
with the code.
3. All property owners of record within 500 feet of the subject site were notified
by the City Clerk of the public hearing and invited to voice any concerns.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as
follows:
SECTION 1. In accordance with a public hearing duly held on December 10,
2019, pursuant to Section 8300 et seq. of the Code and a finding of General Plan
consistency, this Council finds and determines approximately 1,408 square feet of public
utility easement described and shown on Exhibits "A" thru "D", are not necessary for
present or future public purposes.
SECTION 2. The Council hereby orders the abandonment of said public utility
easements.
SECTION 3. The City Clerk shall cause a certified copy of this Resolution of
Abandonment, duly attested under the seal of the City, to be recorded in the Office of the
San Luis Obispo County Recorder.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro
Bay at a regular meeting thereof held on the 10th day of December 2019 following vote:
AYES:
NOES:
ABSENT
Headding, Addis,
None
None
TEST
'n � dw*-�
na Swanson, City Clerk
Davis, Heller, McPherson
EXHIBIT A
LEGAL DESCRIPTION
EASEMENT VACATION
That portion Block 9D of Atascadero Beach, in the City of Morro Bay, County of San Luis Obispo,
State of California, according to the map filed in Book 2, page 4 of Maps, described in those
certain Voluntary Mergers filed as Instrument No. 2007-073790 and 2007-073791, in the office
of the County Recorder of said county, more particularly described as follows:
That portion of the easements for installation and maintenance of utilities and drainage
facilities reserved over the rear five feet of each lot in Block 9D according to the "Declaration of
Protective Covenants Affecting Portions of Atascadero Beach, County of San Luis Obispo, State
of California, made by Morro Beach Company" recorded January 16, 1953 in Volume 693, page
403 of Official records of said county.
Excepting therefrom that portion of said easement lying southwesterly of the northeasterly
nineteen (19) feet of Lots 12 and 21 of said Block 9D.
The above described property is shown graphically on Exhibit "B" attached hereto and
incorporated herein.
YI
B. Stanton, PLS 5702
Date
J = I
* LIC. NO. 5702
N�
F OF CAS
April 9, 2019
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0
1 1 112
0
0
t
5.00'
10' UTILITY
EASEMENT PER
693 O.R. 403 TO
BE VACATED
22
20
SUCK JD
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SCALE:1
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19
o MICHAEL B. STANTON, PLS 5702 LEGEND
=AREA OF EASEMENT VACATION
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SAN LUIS OBISPO, CA 93401
• BOS-594— 1 960
JOB NO. 07-143
EXHIBIT C
LEGAL DESCRIPTION
EASEMENT VACATION
That portion Block 9D of Atascadero Beach, in the City of Morro Bay, County of San Luis Obispo,
State of California, according to the map filed in Book 2, page 4 of Maps, described in those
certain Voluntary Mergers filed as Instrument No. 2007-073790 and 2007-073791, in the office
of the County Recorder of said county, more particularly described as follows:
That portion of the easements for construction, installation, maintenance and repair of sewers,
manholes, water pipes, hydrants, gas pipes, electroliers, electric pole and conduit lines, and
work incidental or appurtenant thereto and of work incidental to other public utilities
dedicated over the two and one-half feet in each side of the side and rear lot lines for each lot
in Block 9D according to the Dedication of Streets, Highways and Rights of Way recorded May 2,
192 in Volume 029, page 463 of Official records of said county.
The above described property is shown graphically on Exhibit "D" attached hereto and
incorporated herein.
Michael B. Stanton, PLS 5702 Date
April 9, 2019
N:\2007\07-143 196 PANAY ST. MORRO BAY\ESMT VACATION\07-143 UTILITY EASEMENT VACATION.DOCX
PANAY STREET
I
5' UTILITY
EASEMENTS PER
29 O.R. 463 TO
BE VACATED
1 1 112 Ql)�
O
20
F3
I I
SCALE:1
OBISPO, CA 93401
-594-1960
19
JOB NO. 07-143