MONTEREY COUNTY - DOC by Levone

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									             MONTEREY COUNTY BOARD OF SUPERVISORS
MEETING: June 16, 2009 – Consent                             AGENDA NO.:
SUBJECT: a. Adopt a Resolution to determine that the summary of abandonment of two
            portions of the public right-of-way of Railroad Avenue (“Parcels C and D”) in
            the Community of Pajaro is exempt from the California Environmental
            Quality Act;
         b. Authorize the Director of Public Works to file a Notice of Exemption with the
            County Clerk;
         c. Adopt a Resolution to summarily abandon the public right-of-way over the
            subject portions of Railroad Avenue subject to the reservation of easements
            for existing public utilities;
         d. Adopt a Resolution to quitclaim any County ownership or interest in “Parcel
            D” to the Pajaro Sunny Mesa Community Services District;
         e. Authorize the Chair of the Board to execute the Quitclaim Deed; and
         f. Direct the Clerk of the Board to submit the Quitclaim Deed and a certified
            copy of the resolutions to the County Recorder for recordation.
DEPARTMENT: RMA - Public Works

RECOMMENDATIONS:

It is recommended that the Board of Supervisors:

a. Adopt a Resolution to determine that the summary of abandonment of two portions of the
   public right-of-way of Railroad Avenue (“Parcels C and D”) in the Community of Pajaro is
   exempt from the California Environmental Quality Act;

b. Authorize the Director of Public Works to file a Notice of Exemption with the County Clerk;

c. Adopt a Resolution to summarily abandon the public right-of-way over the subject portions
   of Railroad Avenue subject to the reservation of easements for existing public utilities;

d. Adopt a Resolution to quitclaim any County ownership or interest in “Parcel D” to the Pajaro
   Sunny Mesa Community Services District;

e. Authorize the Chair of the Board to execute the Quitclaim Deed; and

f. Direct the Clerk of the Board to submit the Quitclaim Deed and a certified copy of the
   resolutions to the County Recorder for recordation.

SUMMARY:

The recommended action will provide for elimination of excess right-of-way created by the
realignment of Railroad Avenue in 2001 and to complete transfer of ownership of the remaining
portions of a currently-vacant 1.0-acre parcel of land on Railroad Avenue in the Community of
Pajaro from the County to the Pajaro/Sunny Mesa Community Services District.

DISCUSSION:

In 1999, the Redevelopment Agency of the County of Monterey received a grant from the U.S.
Economic Development Administration to fund the improvement of Railroad Avenue in Pajaro
Summarily Abandonment of two portions of Railroad Avenue
June 16, 2009
Page 2


to support retention of existing industrial jobs and proposed new industrial development in the
community. After construction of the road improvements, the Department of Public Works
determined that portions of the pre-existing public right-of-way are no longer needed for
public road purposes. The Pajaro Sunny Mesa Community Services District (PSMCSD) owns
the adjoining land, where they maintain a water storage tank, well, and storage yard, and has
requested the County transfer ownership of this un-used property for use as an adjunct to their
tank and storage yard. The Department of Public Works proposes to vacate the public right-of-
way and quitclaim any County interest in the property to the PSMCSD. Easements for the
existing overhead and underground utilities will be retained.

The County of Monterey Planning Commission considered this abandonment on May 13, 2009,
in accordance with California Government Code Section 65402, and reports to the Board that
this abandonment of public right-of-way is consistent with the County of Monterey General Plan,
and the North Monterey County Area Plan, a part of the General Plan.

California Streets and Highways Code Section 8355, authorizes the Board to summarily abandon
excess right of way not required for public street or highway purposes. The County may sell or
exchange the property in the manner, and upon the terms and conditions, approved by the
legislative body.

OTHER AGENCY INVOLVEMENT:

County Counsel has reviewed and approved the Resolutions and Quitclaim Deed as to form. The
proposed abandonments were reviewed by AT&T, Pacific Gas & Electric Company, and the
Monterey County Assessor-County Clerk-Recorder’s Office, Planning and Building Inspection
Department, Environmental Health Division, Parks Department, Sheriff-Coroner, Office of
Emergency Services, and the Water Resources Agency. No recommendation or opposition to
the abandonment has been received.

FINANCING:

This action will have no financial impact to the General Fund or the Road Fund. PSMCSD will
pay to the County the sum of $1 for the transfer, which will be deposited in Fund 001, Budget
Unit 199.

Prepared by:                                     Approved by:


Richard P. Sauerwein, Jr., P.E.                  Yazdan T. Emrani, P.E.
Senior Civil Engineer                            Director of Public Works

Dated: June 8, 2009

Attachments: Resolution of Exemption; Notice of Exemption; Resolution of Abandonment;
             Resolution to execute Quitclaim Deed; Quitclaim Deed (on file with the Clerk of
             the Board); Legal Description Parcel C and Parcel D; Planning Commission
             Resolution; Location Map

								
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