HomeMy WebLinkAboutResolution 85-91 RESOLUTION NO. 85-91
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ATASCADERO SUMMARILY VACATING A PORTION OF A ROAD
PURSUANT TO STREETS AND HIGHWAYS CODE; PART 31 PUBLIC STREETS,
HIGHWAYS AND SERVICE EASEMENTS VACATION LAW;
CHAPTER 4, SUMMARY VACATION; 8333
(BEING A PORTION OF THE CURBARIL AVENUE RIGHT-OF-WAY) (GEARHART)
WHEREAS, Streets and Highways Code 8330 permits summary
vacation of a street or highway by adoption of a summary vacation;
and
WHEREAS, a portion of the Curbaril Avenue right-of-way, as
shown on the attached Exhibit, has been determined to be actually
superceded by relocation and has been impassable for vehicular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 a portion of the Curbaril Avenue
right-of-way 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 reported to the Council its recommendation on
vacation of a portion of the Curbaril Avenue right-of-way as to
conformance with the City's General Plan; and
WHEREAS, pursuant to Streets and Highways Code 2381, the City
Planning Commission has reported to the Council its recommendation
relative to the suitability or usefulness of this portion of the
Curbaril Avenue right-of-way as a non-motorized transportation
facility, or that adequate easements have been retained for such
purposes.
NOW, THEREFORE, the City Council of the City of Atascadero,
California, hereby resolves as follows:
1. Based upon the above findings, the Council now finds and
declares the above-described 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, a portion of the Curbaril
Avenue right-of-way as shown on attached Exhibits subject to
the following conditions of approval:
Resolution No. 85-91
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) A lot merger of Lots 24 and 25 and the area being vacated
shall be completed prior to or simultaneously to the
recording of the abandonment resolution.
(c) Property owner shall obtain a fee title to that portion
of the Curbaril Avenue right-of-way.
(d) A street width of 25 feet from centerline of the existing
road shall be retained on behalf of the City of Atasca-
dero for public road purposes.
(e) 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.
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 Lilley and seconded by
Councilperson Nimmo, the motion was approved by the following roll
call vote:
AYES: Councilmembers Borgeson, Nimmo, Dexter, Lilley and Mayor
Shiers
NOES: None
ABSENT: None
ADOPTED: August 27, 1991
ATTEST: CITY OF ATASCADERO
By: 0 /i a ,a
IERAB4OINN4 ity Clerk ALDEN F. SHIERS, Mayor
Resolution No. 85-91
Page Three
APPROVED AS TO FORM:
AR MONTANDO AWA orney
APPROVED AS TO CONTENT:
HENRY ENGENf-dmmmu-niA Development Director