HomeMy WebLinkAboutResolution 42-90 RECORDING REQUESTED BY
Cuesta Title Guarant ' DOC:NO,15095
43390MH OFFt61AL RECORDS ,it ; <F.
SAN LUIS OBISPO CO.,CA a'
AND WHEN RECORDED MAIL TO RIAR 2 0 1991
NAME r Cuesta Title Guaranty Co. FRANCIS M.COONEY -- -- -
ADDIIE68 7350 El Camino Real # 201 County Clerk-Recorder
Carr• Atascadero, Ca. 93423 TIME 8:00 AM
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Title Order No Escrow No
RESOLUTION NO. 42-90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
VACATING A PORTION OF SAN BENITO ROAD FROM EL CAMINO
REAL TO THE HIGHWAY 101 FREEWAY, ADJOINING LOT 1,
BLOCK 23 AND LOT 13, BLOCK 18, ATASCADERO
COLONY, PURSUANT TO STREETS AND HIGHWAY
CODE; PART 3, CHAPTER 3, SECTION 8320
(ROAD ABANDONMENT 2-88/3-88)
WHEREAS, the Council of the City of Atascadero, by Resolu-
tion No. 86-a8, advised of its intent to vacate a portion of San
Benito Road 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 publi-
cation, and Streets and Highways Code Section 8323 requiring
notice of proposed vacation by posting, to have been
substantially complied with; and
WHEREAS, pursuant to Government Code Section 65402, the
Planning Commission has recommended its finding that vacation of
this portion of San Benito Road is in conformance with the City's
General Plan; and
WHEREAS, the City Council has at the public hearing held on
August 23, 1988 received and considered all evidence offered by
interested persons, and finds from all evidence submitted, that a
portion of San Benito Road is unnecessary for present or prospec-
tive public use.
NOW, THEREFORE, the Council of the City of Atascadero does
resolve as follows:
1. The proposed road abandonment of the San Benito Road right-
of way outside Lot 1, Block 23 and Lot 13, Block 18 of the
Atascadero Colony is in conformance with the General Plan.
2. The right-of-way is unsuited for development as a nonmotor-
ized transportation facility i.e. , primarily for the use of
pedestrians, bicyclists, or equestrians.
3. The vacation of this right-of-way is Categorically Exempt
(Class 5) under the provisions of the Califoornia Environ-
mental Quality Act.
4. The Council now vacates a portion of San,_Benito Road,
pursuant to Streets and Highway Code Chapter 3, Section 8320
subject to the following conditions of approval:
VOL 3660PAGE72 f
•7
RESOLUTIOm mO. 42-90
(1) The property owners shall obtain fee title to the road
section of San Benito Road adjacent to Lot 1, Block 23
and Lot 13, Block 18, Atascadero Colony if not Pres-
ently owned in fee at their own expense.
(2) 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.
(3) As a part of the abandonment procedure, the City shall
retain a sanitary sewer easement and public utility
easement covering the right-of-way. A metes and bounds
description shall be prepared and found acceptable.
This shall be shown on the document to be recorded.
(4) All conditions of this approval must be completed prior
to or simultaneous with the recording of the abandon-
ment resolution.
5 . 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 Councilperson Mackey and seconded by
Councilman Lilley the motion was approveU by the follow-
ing roll call vote:
AYES: Councilmembers Borgeson, Shiers, Mackey and Mayor Pro-Tem Lilley
MORS: None
ABSENT: Mayor Dexter
DATE ADOPTED: 4/10/90
R0 B. LILLEY, Mayor Pro-Tem
City of Atascadero, C fornia
ATTESTr
LEE DAYKA, City Clerk
VOL 3660PAGE 728
•
r RESOLUTION No . 42-90
APPROVED AS TO CONTENT: t
V
RAY WIIMSQRJ City Nanager
RESOLUTION 90
APPROVED AS TO FORN:
R191 O , C y ttorney
PREPARED BY:
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HE ENG44
Community Pevelopldnt Director
VOL 3660PAGE729
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^� EXHIBIT LOCATION MAP
�� �• '�"',y;4 CI j OF ATASCADERO Road Abandonments 2-88 & 3-88
�..r. 7 San Benito Road between El
CO M M iI N 1 T Y DEVELOPMENT Camino Real and the Freeway
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END OF DOCUMENT. VOL 3660PAG[730