RESOLUTION NO. 2024-_
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF MERCED, CALIFORNIA,
DECLARING ITS INTENTION TO VACATE THE
10 FOOT WIDE EASMENT ALONG THE
EASTERN EDGE OF 1965 WEST OLIVE AVENUE
(APPROXIMATELY 13,850 SQUARE FEET)
WHICH WOULD REVERT DEVELOPMENT
RIGHTS BACK TO THE PROPERTY OWNER OF
1965 WEST OLIVE AVENUE (VACATION #24-02)
AND SETTING TIME AND PLACE FOR PUBLIC
HEARING
WHEREAS, the City Engineer of the City of Merced has recommended that the hereinafter described area is unnecessary for prospective public purposes; and WHEREAS, the City Engineer has filed maps or plans with the City Clerk of the City of Merced showing the area to be vacated at a specific time that will be determined.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MERCED
DOES HEREBY RESOLVE, DETERMINE, FIND, AND ORDER AS
FOLLOWS:
SECTION 1. That the City Council of the City of Merced declares its intention to proceed under the provisions of Part 3 of the Streets and Highways Code of the State of California, being the Public Streets, Highways, and Service Easements Vacation Law, Chapter 3, to vacate the 10 foot wide easement at the eastern edge of 1965 West Olive Avenue (approximately 13,850 square feet) which would revert development rights back to the property owner of 1965 West Olive Avenue, generally located at the north side of West Olive Avenue, approximately 815 feet east of North Highway 59 (Vacation #24-02), as described in Exhibit A and shown at Exhibit B, attached hereto and incorporated herein by this reference.
SECTION 2. Reference is made to the maps and plans which are filed in the office of the City Clerk of the City of Merced for further particulars as to the proposed vacation.
X: \Resolutions 2024\Planning\Intention to Vacate - 1965 West Olive Avenue.docx 1 SECTION 3. November 18, 2024, at the hour of 6:00 p.m. of said day in the Council Chamber of the City Council, 678 West 18th Street, Merced, California, is fixed as the time and place for hearing all persons interested in or objecting to the proposed vacation. Said hearing may be postponed or continued.
SECTION 4. That the City Engineer is directed to post or cause to be posted at least two weeks before the date set for hearing not less than three (3) notices of vacation of the area, not more than three hundred (300) feet apart, conspicuously along the lines of said portion of the public street proposed to be vacated, stating adoption of this resolution and the time and place of the hearing herein called Posting a copy of this resolution shall constitute the posting of the required notice.
SECTION 5. That the City Clerk is directed to cause a copy of this Resolution to be published once each week for two successive weeks prior to the public hearing in the official newspaper.
PASSED AND ADOPTED by the City Council of the City of Merced at a regular meeting held on the 21st day of October 2024, by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
APPROVED:
MATTHEW SERRATTO, MAYOR
Mayor
X: \Resolutions 2024\Planning\Intention to Vacate - 1965 West Olive Avenue.docx 2 ATTEST:
D. SCOTT MCBRIDE, CITY CLERK
BY:
Assistant/Deputy City Clerk
(SEAL)
APPROVED AS TO FORM:
CRAIG J. CORNWELL, CITY ATTORNEY
Saign ull 9-24-2024
X: \Resolutions 2024\Planning \Intention to Vacate - 1965 West Olive Avenue.docx 3 EXHIBIT "A"
LAND DESCRIPTION
The land referred to herein below is situated in an unincorporated area in the City of Merced, County of Merced, State of California and is described as follows:
The Easement for Storm Drain purposes described as Parcel 2 in the grant deed recorded August 01, 1974, in Volume 1967 at Page 366 Official Records, Merced County, lying in Section 13, Township 7 South, Range 13 East, Mount Diablo Base & Meridian.
A PLAT OF THE ABOVE DESCRIBED AREA IS ATTACHED HERETO AS EXHIBIT "B" AND BY THIS REFERENCE MADE A PART HEREOF.
END DESCRIPTION
This real property description has been prepared by me, or under my direction, in conformance with the requirements of the Professional Land Surveyors' Act.
LICENSED AND SURVEY
Stephen Pyle STEPHEN July 26, 2024
Stephen J. Pyle JOSEPH Date
PYLE
Professional Land Surveyor
LS8385
California No. 8385
SLATE OFCALFORNN
Exhibit A
EXHIBIT "B"
ABBREVIATIONS
AC ACRES
OP OFFICIAL PLAT
PM PARCEL MAP
SD STORM DRAIN
SURVEY LEGEND
PARCEL B 46-PM-26 BOUNDARY
CENTERLINE
/ CHEYENNE DRIVE EXISTING EASEMENT
ADJACENT LINE
RIGHT OF WAY LINE
-
PARCEL 2
10' STORM DRAIN EASEMENT
DOC. 1974 VOL. 1967 PG 366
125 250
STATE HWY 59 PARCEL E
19-PM-46 SCALE: 1" = 250'
21-OP-29
CENSED LAND AGAINS
STEPHEN
JOSEPH
PYLE
PARCEL 1
15' STORM DRAIN EASEMENT
DOC. 1974 VOL. 1967 PG 366 44-PM-24
CALIFORNIA
- OF
07/26/2024
OLIVE AVE SEC 13, T.7S.,R.13E.
DESCRIPTION: STORM DRAIN EASEMENT ABANDONMENT
ODELL 1165 Scenic Drive. Suite A
Modesto, CA 95350 SCALE: 1" = 250'
of
ENGINEERING JOB NO.: 41700
odellengineering.com
FILE: 41700-EXH- 10' SD EASEMENT.DWG