HomeMy WebLinkAboutResolution 40-90 r.: r 0
RESOLUTION 40-90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
VACATING A PORTION OF MARCHANT WAY ADJACENT TO LOT 79
9590 MARCHANT WAY PURSUANT TO STREETS AND HIGHWAYS CODE;
PART 3, CHAPTER 3, SECTION 8320
WHEREAS, the Council of the City of Atascadero, by Resolu-
tion No. 59-87 advised of its intent to vacate a portion of
Marchant Way 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 publica-
tion, and Streets and Highways Code Section 8323 requiring notice
of proposed vacation by posting, to have been substantially com-
plied with; and
WHEREAS, the Council has at the public hearing held July 14,
1987 , received and considered all evidence offered by interested
persons, and finds from all evidence submitted, that a portion of
Marchant Way is unnecessary for present or prospective public
use; and
WHEREAS, following public hearing, staff was directed to
negotiate with the applicant for a property exchange to accompany
formal abandonment action and said exchange agreement has been
completed;
NOW, THEREFORE, the Council of the City of Atascadero does
resolve as follows:
1 The proposed road abandonment of the Marchant way right-of-
way outside Park Reservation "A" is not in conformance with
the City' s General Plan policies of preserving potential
parkland and acquiring additional recreational areas in, the
Atascadero Lake area.
2 . The proposed road abandonment of the Marchant Way right-of-
way outside Lot 79, Block JC is in conformance with the
General Plan.
3 . Marchant Way 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.
4 . The right-of-way is unsuited for development as a non
motorized transportation facility i.e. primarily for the
use of pedestrians, bicyclists, or equestrians.
5 . The vacation of this right-of-way is Categorically Exempt
(Class 5) under the provisions of the California Environ-
mental Quality act.
RESOLUTION NO. 40-98
6 . The Council now vacates a portion of Marchant way, pursuant
to Streets and Highway Code Chapter 3, Section 8320 subject
to the following conditions of approval:
(1) The property owner shall obtain fee title to the 1/2
road section of Marchant Way Adjacent to Lot 79
(2) The property owner shall seek and obtain the
declaration of the remaining 1/2 road section and land
between the right-of-way and the existing Marchant Way
as City surplus property and purchase accordingly.
(3) 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.
(4) As a part of the abandonment procedure`, the City shall
retain a 15 foot sanitary sewer. easement (7 1/2 feet
on each side of the existing sewer line) . A metes and
bounds description shall be prepared and found accept-
able. This shall be shown on the document to be
recorded.
( 5) All conditions of this approval must be completed prior
to or simultaneous to the recording of the abandonment
resolution.
7 . 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 acknowledgment, or further proof, to be
recorded in the office of the County Recorder.
On motion by Councilperson Mackey and seconded by Councilman
Shiers tie motion was approved by the following roll
call vote:
AYES: Councilmembers"Borgeson, Mackey, Shiers and Mayor Pro-Tem Lilley
NOES• None
ABSENT: Mayor Dexter
DATE ADOPTED: 4/10/90 B
IN-iiRST�si�;- r ROBERT ILLEY,
Mayor Pro-Tem of City of Atascapro, California
RESOLUTION NO. 40-90
AT7.'ES
L�w
LEE DAYKA, City Clerk
APPROVED AS TO CONTENT:,
RAY WIND03R, City Manager
APPROVED AS TO FORM:
. Ivwtiewr-1&-- &4sm��
MONTARDON, ty Attorne
PREPARED BY:
HE R ENG
Community evelop nt Director