HomeMy WebLinkAboutResolution 114-90 RESOLUTION NO. 114-90
A RESOLUTION OF THE COUNCIL OF THE CITY OF
ATASCADERO SUMMARILY VACATING A PORTION OF A ROAD
PURSUANT TO STREETS AND HIGHWAYS CODE; PART 3 , PUBLIC STREETS,
HIGHWAYS AND SERVICE EASEMENTS VACATION LAW;
CHAPTER 4, SUMMARY VACATION; 8333
(BEING THE GUSTA ROAD RIGHT-OF-WAY) (PETERSON)
WHEREAS, Streets and Highways Code 8330 permits summary
vacation of a street or highway by adoption of a resolution of
summary vacation; and
WHEREAS, Gusta Road, as shown on the attached Exhibit, has
been determined to be actually superseded by relocation and has
been impassable for vehicular travel for at least five consecutive
years and no public money was expended for its maintenance during
that time; and
;WHEREAS, the vacation of Gusta Road will not work to cut off
access to any person' s property which, prior to relocation or
vacation,, adjoined the street or highway to be vacated; and
WHEREAS, pursuant to Government Code 65402 , the City Planning
Commission has recommended to the Council its finding that vacation
of Gusta Road is in Conformance with the City' s General Plan; and
WHEREAS, pursuant to Streets and Highways Code 2381 , the City
Planning Commission has recommended to the Council its finding that
Gusta Road is not suitable or useful as a non-motorized transporta-
tion facility, or that adequate easements have been retained for
such purposes.
NOW! THEREFORE, it is hereby resolved as follows :
1 . Based upon the above findings, the Council now finds and
declares the above-desribed road right-of-way to be unuseable
as a non-motorized transportation facility, or that adequate
easements have been retained for such purposes.
2 . Based upon the above findings, the Council now finds and
declares the proposed vacation of this road right-of-way to
be in conformance with the City' s General Plan.
3 . The Council now summarily vacates, pursuant to streets and
Highways Code, Part 3, Chapter 4, 8330 Gusta Road as shown on
attached Exhibits subject to the following conditions of
approval :
Resolution No. 114-90
Page Two
(a) The property owner shall indemnify and "hold harmless"
the City from claims that may arise from the abandonment
procedure. This agreement shall be reviewed and found
acceptable by the City Attorney.
(b) Lot mergers shall be completed prior to or simultaneously
to the recording of the abandonment resolution.
(c) Property owners shall obtain fee title to Gusta Road.
(d) A 30 foot easement shall be reserved on behalf of the
public for drainage and utility purposes .
(e) A City-standard drive approach onto El Camino Real shall
be constructed prior to recording the abandonment.
( f) All conditions of approval must be completed prior to or
simultaneously to the recording of the abandonment reso-
lution. The required legal descriptions and documents
are hereby made a part of this resolution.
g) Reciprocal easements for a 30 foot access easement shall
be granted by adjacent property owners.
4 . That from and after the date this resolution is recorded with
the County Recorder, the road right-of-way shown on the
attached Exhibit shall no longer be or constitute a street or
highway.
5 . The City Clerk shall cause a certified copy of this Resolution
of Summary Vacation, attested by him/her under seal, to be
recorded without acknowledgement, certificate of acknowledge-
ment, or further proof in the office of the County Recorder.
On motion by Councilperson Dexter and seconded by
Councilperson Nimmo the motion was approved by the
following roll call vote:
AYES: Councilmembers Shiers, Borgeson, Nimmo, Dexter and Mayor Lilley
NOES: None
ABSENT: None
DATE ADOPTED September 25, 1990
0
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Resolution No. 114-90
Page Three
B
Robert B Lilley, yor
City of Atascader California
ATTES
LEE DAYKA, City Cleivk
s
VED A CONTENT:
low-vlobSORI City Manager
AP ROVED AS TO FORM:
41 'A 4j6o., �,—
ART E ONT ,DON, C y Attorney
PREPARED BY:
HENRYAkq-%-�
ENGE
Community fevelopmQ Director
HIBIT C
CI F ,ATASCADEROOPOSED ABANDONMENT
COMMUNITY DEVELOPMENT ROAD ABANDONMENT 02-90
DEPARTMENT
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