[Ord. No. 12.500A §§1
— 2, 9-8-1992]
A. A public
right-of-way for any street, alley, avenue, drive, boulevard or other
public thoroughfare shall not be vacated, except in accordance with
the procedures set forth herein.
B. Procedure.
1. A written petition signed by each owner of property abutting upon
the right-of-way sought to be vacated, accompanied by an adequate
description of the involved right-of-way and a certified check in
the sum of two hundred dollars ($200.00) made payable to the City
of California, to defray all expenses of the City relating to the
proposed vacation, shall be filed with the office of the City Clerk.
2. The petition, upon receipt by the City Clerk, shall be referred to
the Chief of Police, Street Superintendent and to the Superintendent
of Utilities of the City for consideration, review and recommended
action to the Board of Aldermen of the City.
3. If the Board of Aldermen of the City, upon receipt of the recommendation
of the Chief of Police, Street Superintendent and the Superintendent
of Utilities, finds that the petition for vacation should be approved,
the proposed vacation shall be further conditioned upon the passage
and approval of an ordinance declaring the involved right-of-way vacated
and discontinued for public purposes.
4. Any easement which is or which may reasonably be required for City
sanitary, sewer or surface water drainage facilities, or for any gas,
water, electrical, telephone, cable or telegraph facilities or services,
or any other services which the City may require, whether or not such
facilities or services exist or will be constructed, shall be reserved
to and retained by the City in any ordinance authorizing and approving
the vacation of all or any part of the involved right-of-way.
5. The property owner(s) proposing the vacation of the involved right-of-way
shall have prepared, at their expense, any quitclaim deed or other
legal instrument required to confirm title to the vacated right-of-way
in them, and such quitclaim deed or other legal instrument shall reserve
to the City any easement that may be required for the purposes mentioned
above.
6. The property owner(s) proposing the vacation of the involved right-of-way
shall be responsible for all recording and filing fees incurred in
connection with the vacation, including any cost incurred in recording
any deed of easement, deed of conveyance, and the like. It is the
responsibility of the property owner(s) proposing the vacation to
provide the City with an adequate and acceptable legal description
of the right-of-way to be vacated, as well as a legal description
of the easement, if required. The quitclaim deed, or other legal instrument,
as may be required, shall be submitted to and approved by the City
Attorney prior to the execution thereof by the Mayor and City Clerk.