RESOLUTION NO. 2022-_
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MERCED, CALIFORNIA
ORDERING THE VACATION OF AN
EASTERN PORTION OF THE ARBOR
WALKWAY NORTH EASEMENT
(APPROXIMATELY 2,053 SQUARE FEET)
WHICH WOULD REVERT DEVELOPMENT
RIGHTS BACK TO THE PROPERTY
OWNER OF 531 W. MAIN STREET
(VACATION #22-03)
WHEREAS, by adoption of Resolution No. 2022-64 on November 7, 2022, the City Council declared its intention to consider the vacation of a portion of an easement approximately 2,053 square feet, known as the Arbor Walkway North easement at 531 W. Main Street, generally located on the north side of Main Street, approximately 145 feet east of M Street (Vacation #22-03), more particularly described in Exhibit "A" and shown on the map at Exhibit "B," attached hereto and incorporated herein by this reference, and set a public hearing thereon; and
WHEREAS, Resolution No. 2022-64 fixed a time and place for hearing all persons interested in or objecting to the proposed vacation to wit:
On Monday, December 5, 2022, at the hour of 6:00 p.m. of said day, in the Council Chambers of the City Council, 678 West 18'h Street, Merced, California, which said time was not less than fifteen (15) days from the above-mentioned date and passage of Resolution No. 2022-64; and WHEREAS, Resolution No. 2022-64 was published in the manner prescribed by Section 8320 of the Streets and Highways Code of the State of California; and
WHEREAS, the public hearing occurred on December 5, 2022; and WHEREAS, on November 10, 2022, notices were conspicuously posted along the lines of the property proposed to be vacated, which notices consisted of copies of Resolution No. 2022-64 and,
X: \Resolutions|2021\Planning|Ordering Vacation - Arbor Walkway North Easement (Eastern Portion).docx WHEREAS, the vacation of the dedication as proposed by Resolution No. 2022-64 was submitted to the Planning Commission on October 19, 2022, which found the proposed vacation to be in conformity with the general plan.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. The City Council finds from all of the evidence submitted that the easement in the City of Merced, as described on Exhibit "A" and shown on Exhibit "B," is unnecessary for present or prospective easement use.
SECTION 2. It is hereby ordered that the irrevocable offer of dedication for public use and any and all interests held by the City concerning the above described property be and the same is hereby vacated, pursuant to the provisions of Part 3, Division 9, of the Streets and Highways Code of the State of California, being the Public Streets, Highways, and Services Easements Vacation Law, section 8300 et seq.
SECTION 3. The City Clerk is directed to cause a certified copy of this resolution, attested under seal of the City of Merced, to be recorded in the Office of the County Recorder of Merced County.
at a regular meeting held on the _ PASSED AND ADOPTED by the City Council of the City of Merced of
tollowing called vote: _ 2022, by the
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
X: Resolutions|2021\Planning|Ordering Vacation - Arbor Walkway North Easement (Eastern Portion). docx 2 APPROVED:
Mayor
ATTEST:
STEPHANIE R. DIETZ, CITY CLERK
BY:
-
Assistant/Deputy City Clerk
(SEAL)
APPROVED AS TO FORM:
Sof
BY: 11.15:22
City Attorney Date
X: Resolutions 2021\Planning|Ordering Vacation - Arbor Walkway North Easement (Eastern Portion).docx 3 EXHIBIT A
Abandonment of Portion of an Easement
That portion of Lot 11 and Lot 12 in Block 163 according to that certain map entitled, "SUPPLEMENTAL MAP TO TOWN OF MERCED", recorded March 4, 1889, in Book 1 of Maps, Page 12, and now appears in Book 2 of Maps, Page 12, Merced County Records, described as follows:
Beginning at the most westerly corner of said Lot 12; thence N65°20'W, along the southwesterly line of said Lot 11, a distance of five and one-quarter inches; thence N25°02'30"E, for 150.00 feet to a point on the northeasterly line of said Lot 12 that is S65º20'E, for 6.53 inches from the most northerly corner of said Lot 12; thence $65°20'F, for 24.83 feet along the northeasterly line of said Lot 12; thence S69°29'55"W, for 16.97 feet; thence S24º29'55"W, for 38.00 feet; thence S65°30'05"E, for 6.00 feet; thence S24°29'55"W, for 6.00 feet; thence S65°30'05"E, for 6.00 feet; thence S24º29'55"W, for 38.00 feet; thence N 65°30'05"W, for 6.00 feet; thence S24°29'55"W, for 6.00 feet; thence N65°30'05" W, for 6.00 feet; thence S24°29'55"W, for 38.00 feet; thence S20°30'05"E, for 16.97 feet to a point on the southwesterly line of said Lot 12; thence N65°20 W, for 25.81 feet to the place of beginning.
EXCEPTING THEREFROM the northwesterly 52 inches thereof.
No. 8851
P0099990000000 CALIFORNAS
OF
10/31/2022
EXHIBIT A
BLOCK 163
S65'20'00"E
6.53" (INCHES) S65'20'00"E 6" 2 O.P. 59
24.83'
20.50 NORTHWESTERLY. S69955
LINE OF LOT 12
16.97°
S24 29'55 W 38.00 S65'30'O5"E
6.00'
52" WIDE EASEMENT S24'29'55'W
TO REMAIN 6.00'
650 Sq. Ft. S65'30'05"E
6.00'
EASEMENT AGREEMENT
PER
VOL. 2348 O.P., PAGE 289, M.C.R.
1 N25'02'30"E 150.00'
EASEMENT ABANDONMENT 2,053 Sq. Ft. LoT 13
LoT S242955W
LOT
S65°30'O5*E
ENSED C 6.00'
M.
S242955N
No 6.00'
885
S65°30'O5"E
S24'29'55"W 38.00* 6.00'
OF CALIF
9/22/2022
S20'30'05'E
16.97°
21.91' SCALE: 1"=20'
N65'20'W - S65'20'00"E -
5-1/4" 25.81' - 6"
MAIN STREET (17TH STREET)
City of Merced OR A COSO
"Gateway to Yosemite" DATE: 0/10/22
1n14 DEVELOPMENT SERVICES EXHIBIT B CHL. Br
ENGINEERING PROJECTS AND STANDARDS DATE:
678W. 18th Street Fie No.
(209) 385-6346
SOLE 1-20
ATTACHMENT S