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HomeMy WebLinkAbout97-21 1 6 ? 9 10 11 12 13 15 16 17 15 19 21 23 26 RESOI.UTION NO. 97-21 RESOLUTION OF TIlE CITY COUNCIL OF TIlE CITY OF UKIAH SUMMARILY VACATING A PUBLIC UTILITY EASEMENT ON TIlE SOUTII SIDE OF COMMERCE DRIVE WHEREAS, Chapter 4 of Part 3 of Division 9 of the California Streets and Highways Code commencing with Section 8330 authorizes the summary vacation of public utility easements under specified circumstances without prior public notice or hearing; and WHEREAS, the specified circumstances exist to vacate a public utility easement as provided hereafter; NOW, THEREFORE, BE IT RESOLVED as follows: 1. The City Council of the City of Ukiah hereby finds that: a. The vacation of a public utility easement provided herein is made under the provisions of Chapter 4, Part 3, Division 9 of the Streets and Highways Code. b. The public utility easement which is being abandoned by virtue of this resolution is commonly known as a portion of a Public Utility Easement at the southerly right-of-way of Commerce Drive in the City of Ukiah, County of Mendocino, State of California as more particularly and precisely described on Exhibit "A" which is attached hereto and incorporated herein by reference as though set forth in full. c. The summary vacation is made under the following facts: (1) The portion of the public utility easement vacated herein has been superseded by relocation as provided in a Grant Deed by Redwood Business Park of Ukiah to the City of Ukiah, accepted by the City of Ukiah on September 16, 1996, and attached as 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Exhibit "B" to be recorded in the Official Records of Mendocino County and by a Grant of Easement by Redwood Business Park of Ukiah to the City of Ukiah, accepted by the City of Ukiah on September 16, 1996,attached as Exhibit "C" to be recorded in the Official Records of Mendocino County. (2) The relocation of said street does not cut off all access to any person's property which prior to this resolution adjoined the street or highway. 2. Based on the above described findings from and after the date this resolution is recorded, the street or highway vacated no longer constitutes a street or highway. PASSED AND ADOPTED this 18th day of September, 1996, by the following roll call vote: AYES: Councihnembers Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: None. Mastin, Malone, Wattenburger, Shoemaker, and 23 ATFEST: I Marge Giuntoli 9.6 City Clerk COMMERCE 28 Fred ~:hnei~erTM Mayor EXHIBIT "A" That portion of the ten-foot wide easement for public utility purposes recorded in Book 2133, Page 12, Official Records, Mendocino County, which lies southerly of and adjacent to the following described line: Commencing at the northeast comer of Lot B4 as shown on the map of Redwood Business Park of Ukiah filed in Case 2, Drawer 47, Page 24, Mendocino County Records; thence S 89'15'39" E, 186.56 feet, to the Tree Point of Beginning of this description; thence S 89°15'39" E, 120.00 feet; thence along a curve to the right from a tangent bearing of S 89°15'39" E, through a central angle of 40°41'25" and a radius of 78.00 feet, a distance of 55.39 feet. of II~endoelno County WIIEN RECORDED MAIL TO: City of Ukiah 300 West Seminary Ukiah, CA 95482 MAIL TAX STATEMENTS TO: City of Ukiah 300 West Seminary Ukiah, CA 95482 Escrow No. EXHIBIT "B" l o1'4 C()HF'()RHED C (')1':' Y Col)'/' ()i: ))()(:ttm¢:..U'H; I:~e(:.'(:)-,',,'.l~.:?d Oll 0':)/' '1 '? / 1 ?)9 {:, :i.n B()c)l:. ,..,l(:,,.. I.,:~ (... ..,...3 H ¢:: n ( I ( ) (: :in () (() I t n t: y R (:? (:~ (') 'c d (~.: 'r SPACE AB(~IIE THIS LINE FOR RECORDER'S USE GI',ANT DEED The ,mu(lerslgncd declares Ihat the documenlary transfer tax is $ ........... : ................... ..~.0.../. .......................................... and ia []]] computed on the lull value of the interest or properly eouveyed, or is ~J co,npuled on the h,II value less tim value of liens or encumbrances remai,,i,,g thereon al the lime ol sale. The land, te.emenls or really is located in [] uni,,corl,oraled area ~] city of .... ..U...k..i..i~..~). ............................. · .................................................... and FOIl A VALUAIILE CONSIDERATION, ~ecelpt oi which is hereby acknowledged, Redwood Business Park of Okiah, a California Limited Partnership hereby GRANT(S)lo City of Ukiah the following described real property in the courtly o[ Mendocino , state of Cali[ornla: for legal description, refer to Exhibit "A" attached hereto Dated 9/16/96 STATE OF CALIFORNIA COUNTY OF_ Hendoclno ss. On 9/16/ .,10 .96 , before me. D Me--~-d~ .. a ~gtary Public j.n and for said State, pelsonally aDpeared. Donald' ~. wegner and Oa.ry L. AkersSrom , personalty known to me {or proved to me on the basis of satisfactory evidence) to be the person(s} whose name(s) is/are subscribed to the within Instrument and acknowledged to me Ihat he/she/they executed the same in Isis/her/their authorized capacity (leal, and that by his/her/their signature(s) on the inslrument the person(s)° or the entity upon behalf ot which the person(s) acted, executed the iflstrumeot. WI1HESS my hand and offtct~l seal Redwood Business Park of Ukiah A California Limited Partnership By E1 Dorado Estates Inc Its General ,Par. tBer ,keS trom, seo./ ',:eas. FOR NOTARY SEAL OR STAMP EXHIBIT "B" 2of4 9/4/96 EXI I1BIT "A" (Commerce Drive Dedication) That portion of Lots 5 and 6, as numbered and designated upon the nmp of Itastings Suburban Addition to Ukiah City, filed Ocl,ober 16, 1891 in Book 2 of Maps, Page 169, Mendocino County Records and more particularly described as follows: Commencing at the norl,beast corner of Lot B4 as shown on the map of Redwood Businees Park of IJkiah liled iii Case 2, Drawer 47, Page 24, Mendocino County Records; thence S 89015'39.' E, 186.56 feel, to lite True Point of Beginning o1' this description; thence S 89015'39'' E, 120.00 ['ecl; Ihcnce along a curve Itt lhe right, fi'om a tangent bearing ors 89°15'39'' I';, llmmgh a central angle of 40 °41'25" and a radius of 78.00 I'ecl, a distance of 55.39 feet; l,hcnce along a curve to the righl from a tangent bearing of S 12'47'26" W, l.hrough a central angle of 131004'43'' and a radius o£ 52.00 feet, a distance of I 18.96 feel.; thence aloog a curve to the le£t fi'om a tangent bearing of N 36°07'51'' E, through a central angle of 53°07'48" and a radius of 98.00 feet, a distance of 90.87 feet to the Tree Point of Beginning, all containing 0.12 acres. EXHIBIT "B" 3 of 4 CI~I~,Tlli'ICATE OF ACCEI'TANCE This is to certify that the interest in real property conveyed by tile Deed or Grant, dated c~_ {(.. _~ ~ , fi'om Redwood Business Park of Ukiah, a California Lilnited Partnership, to Ihe Cily of Ukiah, a political corporation and/or governmental agency, is hereby accepted by order of tile undersigned officer on behalf of tile City Council pursuant to authority conferred by resolution of the City Council adopted on February I, 1961, and the grantee consents lo recordation thereof by its duly authorized officer. DATED: ~ ! (o ~ (-0 BY Candace Ilorsley, ~ Cily Manager CALIFQRNIA ALL-PURPO~ - ACKNOWLEDGMENT EXHIBIT "B" 4of4 ~ Signer(s) ' personally appeared --~.~.~- ~-.~,~)o ~rsonally known to me - OR -~ proved to me on the basis of satisfacto~ evidence to be lhe person(s) whose name(s) is/are subscribed Io the within i~stmmenl and acknowledged Io me II~al he/she/fl~ey execuled the same in his/her/their aulborized capacily(ies), and Ihat by his/her/lheir signature(s) on the inslrumenl Ihe person(s), or the entity upon behalf of which tl~e person(s) acled, execaled Ihe instrument. COMM. My Comm. I:xpl~e] DEC WITNESS my hand and official seal. Slgna~l ~o~ OPTIONAL Though Ihe inlom~ation below is not required by law, it may prove valuable to persons relying on lbo document and could prevent Ilaudulent removal and reattachment of this feral to another document. Description of Attached Document Title or Type of Document: ~/~<~ ~- ~'~-~ Docume.! Dale: Signer(s) Olher Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: La [] Individual [] Corporate Officer Title(s): [] Padner -- [] Limiled [] General [] Attorney-in-Fact [~ Trustee [] Guardian.,..9[ (;onservalor Signer Is Representing:. Top el thumb I',ere Number of Pages: Signer's Name: [] Individual {3 Corporate Officer Title(s): [] Partner -- [~1 Limited [] General t.'l Allorney-in-Facl l;I Trustee LI Guardian or Conservator LI Olher: Signer Is Represenling: Top of Ihumb hero © 1994 Nalk3nal Nr)tap/AssoCialio. · 8236 Remmel Ave, P.O Bo. 7184 · Canoga Pail CA 913091184 Prod Ne 5907 [leorder: Call Toll Fr~e t 800 816 602/