HomeMy WebLinkAbout2000-36RESOLUTION NO. 2000-36
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF UKIAH SUMMARILY
VACATING PUBLIC UTILITY EASEMENTS
UNDER 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. Public Utility Easements on the new Safeway building site 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 public utility facilities are located within the easements and the
City has no plans to use those easements for public utility purposes in the future;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. This vacation of Public Utility Easements is made pursuant to Chapter 4, Part
3, Division 9 of the Streets and Highways Code.
2. The easements to be vacated are generally two strips of land, each five feet
in width and approximately 289 feet in length located on the Safeway Store property
between State Street and Main Street and north of Gobbi Street in the City of Ukiah,
and are more particularly depicted and described on the two page Exhibit A, attached
hereto and incorporated herein.
3. All utilities on the property are provided at locations outside the easements
and no utility facilities are located within the easements. No local government agency,
business or public utility has any future plans to use the easements for public utility
purposes. Utility 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 Public Utility
Easements described in Exhibit A no longer constitute a Public Utility Easement.
5. The City Manager is hereby authorized to sign any further documents
Resolution No. 2000-36
Page 1 of 2
necessary or convenient to convey title of the easements to Safeway, Inc., including the
quit claim deed attached hereto as Exhibit B.
PASSED AND ADOPTED on April 19, 2000, by the following roll call vote:
AYES:
NOES: None.
ABSTAIN: Mayor Mastin.
ABSENT: None.
Councilmemebers Smith, Libby, Baldwin, and Vice-mayor Ashiku.
Phillip Ashiku, Vice Mayor
ATTEST:
Marie Ulvila, City Clerk
Resolution No. 2000-36
Page 2 of 2
EXHIBIT "A"
The 5-foot wide public utility easement granted to the City of Ukiah by Safeway Stores,
Incorporate, as recorded in Book 497 Page 389 Mendocino County Records described as follows:
A strip of land 5 feet wide, the easterly line of which is described as follows:
BEGINNING at a point on the northerly line of River Road, said point being S 72
degrees 39' 20" W, 145.78 feet from the southeast comer of lands conveyed by Safeway
Stores, Incorporated, to Codding, Magowan and Co., as recorded in County Recorder's
Office, County of Mendocino, Liber 450 of Official Records at page 491; thence N 5
degrees 43' 30" W, a distance of 289.07 feet to a point, and the northerly end of this
easement.
TOGETHER WITH
The 5-foot wide public utility easement granted to the City of Ukiah by Codding, Magowan and
Co., as recorded in Book 497 Page 392 Mendocino County Records described as follows:
A strip of land 3 feet wide, the westerly line of which is described as follows:
BEGINNING at a point on the northerly line of River Road, said point being S 72
degrees 39' 20" W, 145.78 feet from the southeast comer of lands conveyed by Safeway
Stores, Incorporated, to Codding, Magowan and Co., as recorded in County Recorder's
Office, County of Mendocino, Liber 450 of Official Records at page 491; thence N 5
degrees 43' 30" W, a distance of 289.07 feet to a point, and the northerly end of this
easement.
RECOKDING REQUESTED BY
ADDRE.S~
Safeway, Inc.
Northern California Division
5918 Stoneridge Mall Road
Pleasanton, CA 94588
Title Order No. Escrow No.
EXHIBIT B
~; ONI-- 0i~:iqlE I) COPY
,opm o'f I)o('?um¢..,nt [,: .,:_., c c) ';' d ,::.:, d
PI e I'1 d o c: 5. D o [; ott I'~ ~: y [; ]. 6> 'c I-t'- [~ C.> c~ o 'C ri e 'r'
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Dated
~HE CITY OF UKIAH, A MUNICIPAL CORPORATION
does, hereby remise, release and forever quitclaim to
SAFEWAY, INC.
the following described real property in the CITY OF UKIAH
described in Exhibit "A" hereto and made a part hereof.
County of Mendocino, state of California, more particularly
Candace Horsley, City Manager ~
The undersign declares that the documentary transfer tax is $ -0- and value is less
than $100.00.
[] computed on the full value of the interest or property conveyed, or is
[] computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. The land,
tenements or realty is located in
[] unincorporated area [~]< city of UKIAH and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Easement Quitclaim Deed