HomeMy WebLinkAboutResolution 18-89 RESOLUTION NO. 18-89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
VACATING A PORTION OF SAN ANDRES AVENUE PURSUANT TO
STREETS AND HIGHWAYS CODE; PART 3, CHAPTER 3, SECTION 8320
WHEREAS, the Council of the City of Atascadero, by Resolution No.
13-89 advised of its intent to vacate a portion of San Andres
Avenue as shown on the attached Exhibit; and
WHEREAS, the City Council finds that Streets and Highways Code
Section 8322 requiring notice of public hearing by publication,
and Streets and Highways Code Section 8323 requiring notice of
proposed vacation by posting, to have been substantially complied
with; and
WHEREAS, the City Council has at the public hearing received and
considered all evidence offered by interested persons, and finds
from all evidence submitted that this portion of San Andres
Avenue is unnecessary for present or prospective public use.
NOW, THEREFORE, the Council of the City of Atascadero does
resolve as follows:
1 . The proposed road abandonment of the San Andres Avenue
right-of-way is in conformance with the Genral Plan.
2. San Andres Avenue has been constructed outside the right-of-
way and provides adequate circulation in the area. The
right-of-way is not necessary for future road purposes .
3 . The right-of-way is unsuited for development as a non-motor-
ized transportation facility i.e. , primarily for the use of
pedestrians, bicyclists, or equestrians .
4 . A Negative Declaration was filed on January 27 , 1989 stating
that the project will not have a significant effect upon the
environment.
5 . The Council now vacates a portion of San Andres Avenue,
pursuant to Streets and Highways Code Chapter 3, Section
8320 subject to the following conditions of approval :
1 . The property owner shall indemnify and "hold harmless"
the City from claims that may arise from the abandon-
ment procedure. This agreement shall be reviewed and
found acceptable by the City Attorney.
2 . An engineered grading and drainage plan shall require
approval from the Public Works and Community Develop-
ment Departments. Plans shall include, .but not be
limited to, the construction of a junction box and ex-
tension of the 48" culvert to the property line.. A
drainage easement shall be offered to the City, 10 feet
in width adjacent to existing centerline of right-of-
way. The offer shall be made and the culvert work
completed (or bonded for) prior to recording the
abandonment resolution.
3 . The applicant shall provide the City with adequate
evidence of title that the alternate right-of-way where
San Andres now exists is dedicated to public use.
4 . A lot merger, including engineered legal description
(metes and bounds) of the abandoned right-of-way, shall
be completed prior to or simultaneously to the record-
ing of the resolution.
5 . All conditions of this approval must be completed prior
to or simultaneously to the recording of the abandon-
ment resolution.
6 . The City Clerk shall cause a certified copy of the ReSolu-
tion of Vacation, attested by the City Clerk under seal, to
be recorded without acknowledgement, or further proof, to be
recorded in the office of the County Recorder.
On motion by COUNCILMAN DEXTER and seconded by CO TN ,TL_
WOMAN MACKEY the motion was approved by the following roll
call vote:
AYES: COUNCILMEMBERS DEXTER, LILLEY, MACKEY, SHIERS AND MAYOR BORGESON
NOES: NONE
ABSENT: NONE
DATE ADOPTED: 3/14/89
by: c2er�
BONITA BORGESON, M or
City of Atascadero, California
ATTEST:
OYD Or. R T , City rk
A VED AS TO CONTENT:
DSOR, City Manager
W9r
WA OV AS TO FORM:
E J GENSEN, City Attorney
PREPARED BY:
HENRYL\ls-,
ENGE ,
Community tevelopmA Director
_ RESOLUTION 18-89`
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EXHIBIT
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