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R 0983 , \' - ,~ . RESOLUTION NO. ~ A RESOLUTION OF INTENTION TO VACATE, ABANDON AND CLOSE A PORTION OF ROSE STREET IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND FIXING THE TIME AND PLACE FOR HEARING AS PROVIDED FOR BY STREETS AND HIGHWAYS CODE SECTION 8320, ET SEQ, WHEREAS, there now exists in the City of Arroyo Grande, County of San Luis Obispo, State of California, a portion of Rose Street hereinafter more particularly described, which portion of said road is what is generally known as a "paper street", not having been opened to public use; and WHEREAS, the City Council of the City of Arroyo Grande elects to proceed with the vacation, abandonment and closing of said street pursuant to Section 8320, et seq. of the Streets and Highways Code of the State of California; and WHEREAS, it appears that the said portion of said Rose Street is unnecessary for present or prospective public street purposes; and WHEREAS, it appears that the abandonment and closing of said portion of said street is for the best interest of the public, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande that it intends to abandon and close the hereinafter described portion of Rose Street in the City of Arroyo Grande, County of San Luis Obispo, State of California. For this purpose, the City Council will hold a hearing in connection with said intention to vacate, abandon and close the hereinafter described portion of Rose Street, which hearing will be held in the Council Chambers in the City Hall, in the City of Arroyo Grande, County of San Luis Obispo, State of California, on the 13th day of June, 1972, at the hour of 8:00 P.M. At said time, those persons interested in or objecting to the proposed vacation, abandonment and closing of said street may appear and be heard. BE IT FURTHER RESOLVED that pursuant to the California Streets and Highways Code Section 8330, et seq" that the City Council determines that the public convenience and necessity require the reservation of an easement for the purpose of drainage, water, sewer and utilities and the right to construct, maintain, operate, replace, renew, remove and enlarge said lines, including access thereto, said easement being described below. BE IT FURTHER RESOLVED that the City Clerk of the City of Arroyo Grande be, and she is herewith directed to cause to be posted along that portion of Rose Street hereinafter described, at intervals not to exceed three hundred (300) feet in distance apart and at least three (3) in number on said street, notices of passage of Resolution, which said notices shall be entitled "Notice of intention to vacate, abandon and close a portion of Rose Street, in the City of Arroyo Grande, County of San Luis Obispo, State of California". In addition thereto, the City Clerk is herewith ordered and directed to cause a copy of said Resolution to be published at least once in the Five Cities Times-Press-Recorder, a weekly newspaper published and circulated in the City of Arroyo Grande, which publication shall be at least ten (10) days prior to the date of said hearing. BE IT FURTHER RESOLVED that the portion of Rose Street which the City Council of the City of Arroyo Grande proposes to vacate, abandon, and close, is described in Exhibit "A" attached hereto and by this reference made a part hereof. Further particulars as to the proposed vacation are shown on the map pertaining thereto on file in the office of the City Clerk of the City of Arroyo Grande. On motion of Councilman Wood, seconded by Councilman Talley and on the following roll call vote, to wit: AYES: Councilmen Millis, Talley, Wood, de Leon and Mayor Schlegel NOES: None ABSENT: None the foregoing resolution was passed and adopted this 9th day of May, 1972 . - -----------.--..--- , -.- . (1tZ~tJ MAYOR , "",Q~ CLE I, POLLY S. KINGSL~, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify that the foregoing Resolution No, 983 is a true, full and correct copy of said resolution passed and adopted by the City Council of the City of Arroyo Grande at a regular meeting of said Council held on the 9th day of May, 1972, WITNESS my hand and the seal of the City of Arroyo Grande affixed this 10th day of May, 1972. ~#: o~;o Grande (SEAL) EXHIBIT "A" A tract of land now designated as Rose Street in the City of Arroyo Grande, County of San Luis Obispo, State of California, formerly named Elm Street, as set forth in Tract 46, Book 5 of Maps, Page 64 of the records of San Luis Obispo County, more particularly described as follows: Beginning at the northeast corner of Lot 1, Block 1, Tract 46, in said City, County and State, which said point is at the easterly terminus of the southerly right-of-way line of said Rose Street (Elm St,); thence, North 800 18' 00" West along the north line of said Lot 1 and its westerly projection, 263.40 feet to a point on a former California Division of Highways right-of-way line (Project V-SLQ-lOl-Ar, Gr., E., p, Bch,) which line is also a boundary of the property relinquished by the State of California to the County of San Luis Obispo on June 6, 1956, recorded September 21, 1956, 863 O.R. 135; thence, North 790 13' 21" East, along said relinquished boundary, ll4.34 feet to a point on the north right-of-way line of said Rose Street (Elm St.); thence, South 800 18' 00" East along said north right-of-way line, 156,29 feet to the easterly terminus of said north right-of-way line; thence, South 90 42' 00" West along the northerly prolongation of the easterly boundary of said Lot 1, Block 1, Tract 46, 40,00 feet, more or less, to the Point of Beginning, Reserving therefrom an easement for purposes of drainage, ingress and egress, water, sewer and utilities and the right to construct, maintain, operate, replace, renew, remove and enlarge said lines, including access thereto, said easement being described below. Beginning at same Point of Beginning as the hereinabove mentioned tract of land; thence, North 550 55' 13" West 96,90 feet, to a point on the north right- of-way line of said Rose Street (Elm St,); thence, South 800 18' 00" East along said north right-of-way line 88.26 feet to a point on the northerly prolongation of the easterly boundary of said Lot 1, Block 1, Tract 46; thence, South 90 42' 00" West along said northerly prolongation, 40,00 feet, more or less, to the Point of Beginning, ---~-~---,'-'--"- ------..- -----