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RESOLUTION NO. 94-59
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
VACATING AN EIGHT HUNDRED (800) FOOT PORTION OF
HOSPITAL DRIVE BETWEEN HAMILTON STREET
AND ORCHARD AVENUE
WHEREAS, the City Council conditionally approved use permit 93-32
(Resolution 94-48) to allow construction of a 117,162 square foot K-Mart store
over a portion of Hospital Drive; and
WHEREAS, an integral component of the design for the K-Mart project calls
for the closure of a portion of a city street; and
WHEREAS, Section 8320 et. seq. of the State of California Street and
Highways Code prescribes the procedure for the vacation of rights-of-way and public
service easements; and
WHEREAS, the City Council adopted a Resolution on May 18, 1994 declaring
its intent to vacate an eight hundred (800) foot portion of Hospital Drive between Orchard
Avenue and Hamilton Street; and
WHEREAS, the City Council provided the public notice required by the State of
California Streets and Highways Code Sections 8322 and 8323; and
WHEREAS, on June 15, 1994, the City Council conducted the public hearing in
accordance with California Streets and Highways Code Section 8324 and heard and
considered all evidence offered at said hearing by interested persons; and
WHEREAS, based upon the evidence presented, the City Council finds that 1) the
portion of Hospital Drive between Orchard Avenue and Hamilton Street is unnecessary
for present or prospective public use and 2) the Ukiah General Plan does not apply to the
vacation of said street, and the right-of-way vacated herein is not useful as a unmotorized
transportation facility as defined in California Streets and Highways Code Section 156 (a
facility designed primarily for the use of pedestrians, bicyclists or equestrians).
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NOW, THEREFORE, the City Council of the City of Ukiah RESOLVES
AND FINDS as follows:
1. A public hearing was conducted regarding the vacation of Hospital Drive between
Orchard Avenue and Hamilton Street on June 15, 1994.
2. The vacation of a public right-of-way is made under the provisions of Section 8320
et. seq. of the State of California Streets and Highways Code.
3. The right-of-way vacated by this resolution is the street section referenced herein
as that portion of Hospital Drive commencing at Orchard Avenue, and extending eight
hundred (800) feet westward to a point just east of Hamilton Street, and particularly
described in Exhibit "A," attached hereto and incorporated herein.
4. From and after the date this Resolution is recorded, the street section described
and depicted in Exhibit "A" no longer constitutes public right-of-way or a street, and the
property encompassed by said right-of-way is reverted to private ownership for the
purpose of constituting a 117,162 square foot K-Mart store, consistent with City adoption
of a Mitigated Negative Declaration (Resolution 94-47) and use permit approval
(Resolution 94-48).
PASSED AND ADOPTED this 15th day of June 1994, by the following roll call vote:
AYES: Councilmembers Mastin, Malone and Mayor Schneiter
NOES: None
ABSTAIN: Councilmember Shoemaker
ABSENT: Councilmember Wattenburger
ATTEST:
Fred Schneiter, Mayor
Cath'y-lV
¢, City/~erk