Agdapkt 2010-12-06 clsd and regular

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� 6.3C MOU pravides for City to cooperate with the County to relocate any City public ��fifity easements that may be located on the property and for the County to pay or reimburse the City for all costs associated with such utility easement relocations. Chemical Way is a 54' wide right of way terminating in a 114' diameter cul-de-sac which was dedicated to the City in March 1966. The Planning Commission approved the Woodhouse Industrial Park Subdivision creating 4 parcels on May 24, 1966. City Council then accepted the Woodhouse Industrial Park Subdivision on June 6, 1966 with roadway dedications and easements. Formal notification for the conditional roadway vacation will be provided to all utility companies that occupy the right of way, consistent with Public notification procedures. Public utility easements (P.U.E's) will need to be abandoned and relocated to accommodate the replacement jail facilities, however, no public utility easements (P.U.E) will be abandoned until such time as County has obtained approval from all applicable agencies and utility providers of the relocation or removal and replacement of all utility conduits and facilities within the Chemical Way right-of-way as may be required for County's development and use of the Woodhouse Industrial Park Property The Street Vacation Act of 1941 authorizes the vacation of all or part of any city street, by an order of City Council. The general vacation once complete will relinquish the City's interest in the right-of-way and the right-of-way area will revert proportionately to the abutting 4 parcels within this subdivision. These parcels are proposed for merger to create the single lot necessary to develop the new County jail site. A parcel map will be submitted to City Council at a later date to complete the merger. The right of way proposed for vacation, consisting of the entire Chemical Way dedication, is more particufarly described in a legal description and plat map, attached to the Resolution (Exhibit A). Should this resolution of intent to vacate be approved by the City Council tonight, the following are the next steps pursuant to the California Streets & Highway Code, Section 8320, and following: 1. Set a public hearing on December 21, 2010 at 7pm in City Council Chambers for hearing all persons interested in the proposed vacation, which hearing will occur no sooner than 15 days after the adoption of this notice of intent to vacate; 2. Publish notices in the newspaper for two successive weeks prior to the hearing; 3. Post the property lines with at least 3 notices in conspicuous places not more than 300 feet apart; and - 4. Hear evidence on December 21, 2Q10 from all persons interested in the matter and determine from the evidence whether or not the street is unnecessary for present or prospective public use. The Council should predicate vacation upon the satisfaction of conditions as set forth in the MOU. In addition, the City will send notices to property owners within 300 feet and also notify affected utilities. The Planning Commission will also consider on December 7, 2010, whether the proposed vacation is in consistent with the City's new General Plan. S:IAGENDA\Chemical Way Vacation Staff Report 12-6-10.doc 2