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HomeMy WebLinkAboutReso - CC - 084-2019RESOLUTION NO. 84-2019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME VACATING A 10-FOOT WIDE PUBLIC UTILITY EASEMENT AT 1568 ALTURAS 19-1Nk/ o WHEREAS, the City of Burlingame, pursuant to Streets and Highways Code Section 8300, et seq., is authorized to vacate public utility easements under certain conditions; and WHEREAS, that certain 10-foot wide public utility easement at 1568 Alturas Drive, more particularly described in Exhibit A attached hereto, is not needed for present or prospective public use; and WHEREAS, that certain 10-foot wide public utility easement has no existing City facilities; and WHEREAS, Comcast, Pacific Gas and Electric, and AT&T have no objection to the vacation of that certain 10-foot wide public utility easement; and WHEREAS, vacation of the public utilities easement is not in conflict with any portion of the City's General Plan; and WHEREAS, a Notice of Public Hearing to consider the vacation of that certain 10-foot wide public utility easement was published for at least two successive weeks prior to the July 1, 2019 public hearing in a newspaper that is published in the City of Burlingame and is designated for the publication of notices, and at least three copies of the public notice were posted in the vicinity of the public utility easement to be vacated, pursuant to Section 8322 and 8323 of the Streets and Highways Code; and WHEREAS, on July 1, 2019, the City Council held a hearing on the proposed vacation of that certain 10-foot wide public utility easement and heard evidence and testimony from all persons interested. NOW, THEREFORE, BE IT RESOLVED: 1. Vacation of that certain 10-foot wide public utility easement further described in Exhibit A to this Resolution is in conformity with the City's General Plan and with the relevant sections of the California Streets and Highways Code. 2. That certain 10-foot wide public utility easement is unnecessary for present or prospective public purpose. 3. The City Council vacates that certain 10-foot wide public utility easement, as more particularly described in Exhibit A. 4. The City Council authorizes and directs the City Clerk to record a certified copy of this resolution, attested by the City Clerk under seal, with the San Mateo County recorder's office. 5. Commencing with the date of recording of this resolution, that certain 10-foot wide public utility easement shall no longer be a public utility easement. Mayor I, Meaghan Hassel Shearer, City Clerk of the City of Burlingame, certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 111 day of July, 2019, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, KEIGHRAN, ORTIZ NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE e -Clerk EXHIBIT "A" LEGAL DESCRIPTION FOR PUBLIC UTILITY EASEMENT ABANDONMENT 1568 ALTURAS DRIVE CITY OF BURLINGAME, SAN MATEO COUNTY, CALIFORNIA BEING A PORTION OF THAT REAL PROPERTY LYING WITHIN PARCEL ONE, AS DESCRIBED IN THAT CERTAIN DEED, RECORDED AUGUST 26, 2010 AS DOCUMENT NO.2010-09642I, AND BEING A PORTION OF THAT CERTAIN PUBLIC UTILITY EASEMENT (P.U.E.) AS DESCRIBED AS PARCEL "B" IN THAT CERTAIN EASEMENT DEED RECORDED DECEMBER 23, 1953 AS BOOK 2563 AT PAGE 569, SAN MATEO COUNTY OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND TEN FEET IN WIDTH LYING FIVE FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE, COMMENCING AT A POINT IN A LINE DRAWN PARALLEL WITH AND FIVE (5.00) FEET SOUTHEASTERLY FROM THE NORTHWESTERLY LINE OF LOT "A" AS SAID LOT IS SHOWN ON THAT CERTAIN MAP ENTITLED `BURLINGAME MANOR BURLINGAME, CALIFORNIA", FILED FOR RECORD IN BOOK 26 OF MAPS AT PAGES 15-16, SAN MATEO COUNTY RECORDS, SAID POINT BEING LOCATED FROM THE MOST WESTERLY CORNER OF LOT 21 AS SAID LOT IS SHOWN ON SAID MAP, NORTH 45048'50" WEST 85.87 FEET TO THE TRUE POINT OF BEGINNING; RUNNING THENCE SOUTH 52021140" WEST 126.23 FEET TO A POINT IN THE PROJECTION NORTHWESTERLY OF THE NORTHEASTERLY LINE OF ALTURAS DRIVE AS SAID DRIVE IS SHOWN ON SAID MAP, SAID POINT BEING THE POINT OF TERMINUS OF THIS DESCRIPTION. THE BASIS OF BEARINGS OF THE ABOVE DESCRIPTION IS BASED UPON THE ABOVE REFERENCED MAP FILED FOR RECORD IN BOOK 26 OF MAPS AT PAGES 15-16, SAN MATEO COUNTY RECORDS. THE ABOVE DESCRIPTION SHOWN ON EXHIBIT "B" AND BY REFERENCE MADE A PART HEREOF. END OF DESCRIPTION PREPARED BY OR UNDER THE SSUUPPERVISION' OF: MICHAEL J. WAL-liRS, PLS 5528 05-22-2019 �� LAND sl/ DATE0 No. Lv 5521 Exp. - OF C Page 1 of 1 LANDS OF DANU I0 5 1 Ln } �; MARGARITA DRIVE (54 0 x 1'L � � 1 Ow / 1 LANDS • FL TCH R 5' 10' P.U.E. (PARCEL B) 2563 O.R. 569 (TO BE ABANDONED) LANDS OF SAMUELS 2010-0284 21 POINT OF COMMENCEMENT (MOST WESTERLY CORNER - OF LOT 21, 26 MAPS 15-16) S52'21'40"W121.23' L• D . TRUE POINT OF BEGINNING z tv .a 100. Ln 0 00 1s 00 ,-.-I I\ LOT A 26 MAPS 15--16 •LLI 0 15 30 60 SCALE, 1" - 30' WOO LEGEND -- — BOUNDARY LINE — -- OLD PARCEL LINES — -- -- -- -- — EASEMENT LINE ADJACENT PROPERTY LINE EXHIBIT "B" At LEA & BRAZE ENGNEERING, INC. PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR CIVIL ENGINEERS • LAND SURVEYORS QUITCLAIMED PUBLIC UTILITY EASEMENT (P.U.E.) BAY AREA REGION SACRAMENTO REGION 1568 ALTURAS DRIVE, 2495 INDUSTRIAL PKWY WEST 3017 DOUGLAS BLVD, / 300 r HAYWARD, CAUFORNIA 94545 ROSEALLE, CA 95661 CITY OF BURLINGAME, CALIFORNIA (P) (510) 887-4086 (P) (916)966-1338 �T (F) (510) 887-3019 (F) (916)797-7363 �� MATEO C�i3 WWW.LEABRAZE.COM APN: 025-364-3 J 1255SU 217O2O4CI DRAWN BY: M.J. WALTERS PLS MAY 22, 2019