HomeMy WebLinkAbout2001-05RESOLUTION NO. 2001-05
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF UKIAH SUMMARILY VACATING A
WATERLINE EASEMENT PURSUANT TO
CHAPTER 4, PART 3, DIVlSON 9 OF THE
STREETS AND HIGHWAYS CODE
WHEREAS,
1. The City of Ukiah may summarily vacate Public Utility Easements pursuant to
Chapter 4, Part 3, Division 9 of the Streets and Highways Code (commencing with
Section 8330); and
2. Waterline Easements on the private parcels north of Brush Street contained
utilities which have been relocated; and
3. The City Council finds that it would be in the public interest to vacate the
easements, because no waterline facilities are located within the easements and the
City has no plans to use those easements for waterline purposes in the future.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The vacation of this Waterline Easement is made pursuant to Chapter 4, Part
3, Division 9 of the Streets and Highways Code.
2. The easement to be vacated is generally a strip of land, 20 feet in width and
approximately 753 feet in length located on two parcels of land north of Brush Street
within the County of Mendocino, and are more particularly depicted and described on
the two page Exhibit A and Exhibit B of the Easement Quitclaim Deed, attached hereto
and incorporated herein.
3. All waterlines on the property are provided at locations outside the easement
and no waterline facilities are located within the easement. No local government
agency, business or public utility has any future plans to use the easements for
waterline purposes. Waterline facilities previously placed in the easements have been
relocated. A summary vacation is authorized by Streets and Highways Code Section
8333(c).
4. From and after the date the resolution is recorded, the Waterline Easement
described in Exhibit A and Exhibit B of the Easement Quitclaim Deed no longer
constitutes a Waterline Easement.
Resolution No. 2001-05
Page ! or' 2
5. The City Manager is hereby authorized to sign any documents necessary or
convenient to convey title of the easements to Ukiah Industrial, LTD., a general
partnership, including the Easement Quitclaim Deed attached hereto as Exhibit A.
PASSED AND ADOPTED on July 19, 2000, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Smith, Libby, Baldwin, Ashiku and Mayor Mastin
None
None
Non
as , Mayor
ATTEST:
Marie UIvila, City Clerk
Resolution No. 2001-05
Page 2 or' 2
WHEN RECORDED RETURN TO:
Ukiah Industrial LTD
455 E. Gobbi
Ukiah, CA 95482
EASEMENT QUITCLAIM DEED
The undersign declares that the documentary transfer tax is $ - ,/3 --
value is less than $100.00
and
~'Computed on full value of the interest or property conveyed, or is
[~Computed on the full value less the value of loins or encumbrances remaining
thereon at the time of sale. The land, tenements or reality is located in
[]Unincorporated area E~city of Ukiah and
FOR VALUABLE CONSIDERATION', receipt of which is hereby acknowledged,
THE CITY OF UKIAH, A MUNICIPAL CORPORATION
does, hereby remise, release and forever quitclaim to
UKIAH INDUSTRIAL, LTD., a general partnership
an easement with a right of immediate entry and continued possession for construction,
reconstruction, inspection, improvement, maintenance, repair, operation and reptacement of a
water line more particularly described as follows:
SEE F_XHIBIT "A" AND EXHIBIT "B" ATTACHED HERETO
AND BY REFERENCE MADE A PART HEREOF.
THE C:~'Y OF UKIAH, A f~t2]~IPAL CORPORATION
Candace Harsley, City M~nage~
Date:
EXHIBIT "A"
An easement or right of way for a strip of land 20 feet in width, lying 10 feet on each side of the
following described centerline: Commencing at a point on the north line of Brush Street at the
easterly terminus of the course "North 88°56'56'' East (Record North 89"08'00" East), 1824.71
feet" as shown on a map filed in Map Case 2, Drawer 35, Page 45, Mendocino County Records;
thence South 88°56'56'' West (Record South 89°08'00'' West) along the said north line, 211.55
feet to the POINT OF BEGINNING; thence leaving the said north line from a tangent that bears
South 72°12'36'' West along a curve to the left with a radius of 136.61 feet, a central angle of
27°00'36'' and an arc length of 64.40 feet; thence North 45°12'00'. East 277.07 feet, more or less,
to the westerly right of way line of State Highway 101and the easterly line of the remnant of Lot
12 as shown on the map of the Revised Subdivision of the Brunner-Briggs Addition No. 1 filed in
Map Case 1, Drawer 3, Page 56, Mendocino County Records.
The above described easement is a portion of the easement described in the deed recorded in
Book 10 of Official Records at Page 78, Mendocino County Records.
PTN. AP. NO. 002-050-19 and 20
This easement description was prepared by me, or under my direction, in conformance with the
requirements of the Professional Land Surveyor's Act.
C.E. 21908
My License Expires 9-30-2001
99-277 waterline easement.doc 6-19-2000
B~. s~_~_..~ EXHIBIT "B"
I ~ l=II
CU R~-E DATA
J D=27'00'36"
~ C1 R=156.61
- APN ~
~1~ 002-050-19 ~ ~
Ijj J~ /WA~RLI~E EASEMENT SEE
~/~ EXHIBIT 'A" FOR DESCRIPTION
BRUNH
~.~.~.. ~c~ Cl~ OF UKIAH
M2,D35, PG45., MCR' 0.16 ACRES ABANDONMENT OF WA~RLINE EASEMENT
10, PG 78, O.R. AT BRUNNER AND BRUSH S~EETS
~: 1'-1~' )RA~: ~ ~PRO~ BY: D~. NO,
DA~: 6/~ R~
ACKNOWLEDGMENT
State of California )
) SS.
County of Mendocino )
On July 20, 2000, before me, Karen Yoast, Notary Public, personally appeared Candace
Horsley.
[] personally known to me -- OR -- [] proved to me on the basis of satisfactory evidence to
-/.~\ Comm. # 1209930
~ [~.~_'~-") NOTARY PUBLIC CALIFORNIA
~ ~.~.,~'~ / Mendocino Coumy
~~My C0mm. Expires Feb. 6,2003
be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(les), and that by
his/her/their signatures on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
............................. OPTIONAL ........................
Though Statute does not require the Notary to fill in the data below, doing so may
prove valuable to persons relying on the document.
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document: I=R.~.mc. nt ~llitc. l~im Dc.c.d
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
CAPACITY CLAIMED BY SIGNER:
Signer's Name: Candace Horsley
[] Individual
[] Corporate Officer(s)
Title(s)
[] Partner- [] Limited [] General
[] Attorney-in-Fact
[] Trustee(s)
~;~ Guardian
Other: City Manager
SIG~R T.~ ~i~PRESEN~'rt~G:
Person(s) or Entity(les)
Citv of Ukiah
N/A
CAPACITY CLAIMED BY SIGNER:
Signer's Name:
[] Individual
[] Corporate Officer(s)
Title(s)
[] Partner [] Limited [] General
[] Attorney-in-Fact
[] Trustee(s)
[] Guardian
[] Other:
SIGNER IS REPRESENTING~
Person(s) or Entity(ies)
EXHIBIT "A"
An easement or right of way for a strip of land 20 feet in width, lying 10 feet on each side of the
following described centerline: Commencing at a point on the north line of Brush Street at the
easterly terminus of the course "North 88°56'56'' East (Record North 89°08'00'' East), 1824.71
feet" as shown on a map filed in Map Case 2, Drawer 35, Page 45, Mendocino County Records;
thence South 88"56'56" West (Record South 89°08'00'' West) along the said north line, 211.55
feet to the POINT OF BEGINNING; thence leaving the said north line from a tangent that bears
South 72°12'36'' West along a curve to the left with a radius of 136.61 feet, a central angle of
27°00'36'' and an arc length of 64.40 feet; thence Nodh 45°12'00'' East 277.07 feet, more or less,
to the westerly right or way line of State Highway 101and the easterly line of the remnant or Lot
12 as shown on the map of the Revised Subdivision of the Brunner-Briggs Addition No. 1 filed in
Map Case 1, Drawer 3, Page 56, Mendocino County Records.
The above described easement is a portion of the easement described in the deed recorded in
Book 10 of Official Records at Page 78, Mendocino County Records.
PTN. AP. NO. 002-050-19 and 20
This easement description was prepared by me, or under my direction, in conformance with the
requirements of the Professional Land Surveyor's Act.
C.E. 21908
My License Expires 9-30-2001
99-277 watcrlin¢ eascmcnt.doc 6- 19-2000