HomeMy WebLinkAboutResolution 27-89 RESOLUTION NO. 27-89
A RESOLUTION VACATING A PORTION OF A SANITARY SEWER
EASEMENT IN THE CENTURY PLAZA PARKING LOT AND TO VACATE
A PORTION OF A P.U.E. IN THE CENTURY PLAZA PARKING LOT
PURSUANT TO CHAPTER 3, SECTION 8320, ET . SEQ. , OF
THE STREETS AND HIGHWAYS CODE.
NOW, THEREFORE, the Council of the City of Atascadero
resolves as follows :
WHEREAS, it is the intention of the City of Atascadero
to abandon (1) a portion of the sanitary sewer easement in
the Century Plaza parking lot , and (2) a portion of a
public utility easement (PUE) in the Century Plaza parking
lot as shown on attached Exhibit B, pursuant to Chapter 3,
Section 8320 et . seq. , of the Streets and Highways Code;
and,
WHEREAS, the proposed abandonment is categorically
exempt from the provisions of the California Environmental
Quality Act . (Class 5 ; Section 15305) ; and,
WHEREAS, Copies of the map showing the particulars of
the proposed abandonments are on file in the the Public
Works Department ; and,
WHEREAS, the City Clerk did cause the notice of this
public hearing to be published in the manner required by
Streets and Highways Code Section 8322 ; and,
WHEREAS, the Director of Community Development has
caused to be posted notices of vacation in compliance with
Streets and Highways Code Section 8323; and,
WHEREAS, the City Council finds that from all the
evidence submitted, the portions of easements described in
Exhibit B, attached hereto, are unnecessary for the present
or prospective sewer, water or other public utility
purposes ; and,
WHEREAS, the Indemnity Agreement Affecting Real
Property referred to as Exhibit A and attached hereto has
been duly executed by the owners of the property over which
the portions of the easements in Exhibit B pass ; and
WHEREAS, the vacation of the sanitary sewer easement
is conditioned upon the construction of a new sanitary
sewer and the acceptance of the sanitary sewer easement ;
and
WHEREAS, the City Clerk has been instructed to record
said Indemnity Agreement and sanitary sewer easement prior
to the recordation of the Resolution of Vacation .
NOW, THEREFORE, BE IT RESOLVED that the City Council
hereby vacates a portion of a sanitary sewer easement in
the Century Plaza parking lot as shown in the attached
Exhibit B pursuant to Chapter 3, Section 8320 , et , seq. , of
the Streets and Highways Code and subject to the
recordation of the Indemnity Agreement .
This Resolution was passed and adopted on June 13,
1989 ,
AYES : Councilmembers Shiers, Lilley, Dexter, Mackey and Mayor Borgeson
NOES : none
ABSENT : none
ATTEST :
BOYD C . SHARITZ d-- /"BONITA BORGEON
City Clerk Mayor
APPROVED AS TO CONTENT : APPROVED AS TO FORM:
'At
PAUL M. SENSIBAUGH EY
�6. ,e,bR NSEN
Director of Public Works rigA, orMy
City Engineer