File #: 18-1339    Version: 1 Name:
Type: Informational Report Status: Passed
File created: 10/9/2018 In control: Public Works
On agenda: 3/12/2019 Final action: 3/12/2019
Title: Resolution to Summarily Vacate a Portion of Fern Spring Road in Benbow
Attachments: 1. Staff Report, 2. Resolution 19-21, 3. Attachment 1 - Resolution to Summarily Vacate a Portion of Fern Spring Road, 4. Attachment 1a - Exhibit A Legal Description Vacation Area, 5. Attachment 1b Exhibit B Location Map, 6. Attachment 2 - Benbow Easement Deed Signed, 7. Attachment 3 - Exemption from Planning Commission Report, 8. Attachment 4 - CE Memo - Fern Spring Road Vacation, 9. Attachment 5 - PG&E Response, 10. Executed Documents

To: Board of Supervisors

From: Public Works

Agenda Section: Consent

SUBJECT:
title
Resolution to Summarily Vacate a Portion of Fern Spring Road in Benbow
end

RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Adopt the attached resolution to summarily vacate a portion of Fern Spring Road in Benbow, pursuant to Streets and Highways Code section 8344 (Attachment 1);
2. Direct the Public Works Director to accept the easement deed pursuant to Humboldt County Code section 246-5 (Attachment 2); and
3. Direct the Clerk of the Board to record in the Office of the County Recorder via the Land Use Division a certified copy of the resolution and the accepted easement deed.

Body
SOURCE OF FUNDING:
Roads Division 1200-325

DISCUSSION:
The Humboldt County Department of Public Works received a request from Charles Benbow that the county vacate a segment of Fern Spring Road that is under the ownership of Benbow Properties, Inc. If the Board of Supervisors vacates the proposed portion of Fern Spring Road, this action would extinguish the easement described in the resolution (Attachment 1), thereby granting Benbow Properties full use of its property. Staff requests the Board of Supervisors authorize the Public Works Director to accept the grant of an easement for the portion of the constructed cul-de-sac that lies outside the dedicated road right of way pursuant to Humboldt County Code 246-5. (Attachment 2)

The area proposed for vacation was never constructed as road; rather the road ends in a cul-de-sac before the full extent of the portion dedicated in Tract 59, Benbow Subdivision Number 2, Book 15 of Maps, Pages 21, 22, and 23, in the Office of the County Recorder, County of Humboldt. The road ends on the private property of Benbow Properties, Inc. and does not connect to other roads within the county system.

The proposed vacation is being processed via Summary Vacation Procedures pursuant to the provisions of Streets and Highways Code...

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