HomeMy WebLinkAboutResolution 81-92 RESOLUTION NO. 81-92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
SUMMARILY VACATING A PORTION OF A PUBLIC SEWER
EASEMENT PURSUANT TO STREETS AND
HIGHWAY CODE; PART 3, CHAPTER 4,
SECTION 8333
WHEREAS, Streets and Highway Code Section 8333 permits summary
vacation of certain public easements; and
WHEREAS, the public sewer easement located across Parcel 1 of
AT 85-098, as shown on attached Exhibits A and B, has been
determined to have been dedicated or acquired less than five years,
and more than one year, immediately preceding the adoption of this
resolution, and the described public sewer easement was not used
continuously since that date; and
WHEREAS, the vacation of the above described public sewer
easement will not affect any in-place, in-use public sewer
facilities; and
WHEREAS, pursuant to Streets and Highway Code 2381, the public
sewer easement is not suitable or useful as a non-motorized
transportation facility.
WHEREAS, it has been determined that the above described
public utility easement was dedicated on Parcel Map AT 85-098 which
was recorded on October 6, 1988 in book 44 of parcel maps at page
15; and has not been used continuously since the date dedicated.
WHEREAS, the Atascadero City Council excludes this vacation
from the requirements of Government Code 65402 because of its
"minor nature" .
NOW, THEREFORE, IT IS HEREBY RESOLVED as follows:
1. The City Council now summarily vacates, pursuant to the
Streets and Highways Code; Part 3, Chapter 4, Section 8333, that
public sewer easement described above.
2. That from and after the date this resolution is recorded
with the County Recorder, the public sewer easement described above
shall no longer be or constitute a public sewer easement.
3. The City Clerk shall cause a certified copy of this
resolution of summary vacation, attested by her under seal, to be
recorded without acknowledgement, certificate of acknowledgement,
or further proof in the office of the County Recorder.
Resolution No. 81-92
Page 2
On a motion by Councilmember Luna, and seconded by
Councilmember Borgeson, the foregoing Resolution is hereby adopted
in its entirety on the following roll call vote
AYES: Councilmembers Bewley, Kudlac, Luna, Borgeson and Mayor
Nimmo
NOES: None
ABSENT: None
ADOPTED: September 8, 1992
ATTES CITY OF ATASCADERO,`
By:
LEE OIN, C y Clerk ROBERT P. NIMMO, MAYOR
APPROVED A-S 'TO FORM:
ART R MONTA DON, ity Attorney
APPROVED AS TO CONTENT:
U' 46e-o-
GREd7-LUKE, Director of Public Works/
City Engineer
RESOLUTION NO. 81-92
WILSON LAND SURVEYS EXHIBIT A
6715 MORRO ROAD ATASCADERO, CALIFORNIA 93422 (805) 466.2445
That portion of Parcel 1 of Parcel Map AT 85-098 in the City of
Atascadero, County of San Luis Obispo, State of California, according
to the map filed October 6, 1988 in Book 44 of Parcel Maps at page 15
in the Recorder's Office of said County and State described as follows :
Beginning at a point on the westerly lineofsaid Parcel l said point
bearing North 6007 '38" East a distance of 15 .46 feet from the southwest
corner of said Parcel 1; thence along said westerly line North 6007 ' 38"
East a distance of 73 . 40 feet; thence leaving said line North 6007 ' 38"
East a distance of 163 . 45 feet to the northeasterly line of said Parcel
1; thence along said northeasterly line South 59003' 33" East a distance
of 22.03 feet; thence leaving said northeast line South 6007 ' 38`° West a
distance of 222, 63 feet; thence South 82c09' 45" East a distance of
20 . 61 feet to the point of beginning.
Kenneth D. Wilson LS 5571 EXP 9-30-93
6-042 .lgl
G4 UND
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No. 5571
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„,.....-- EXHIBIT B
RESOLUTION NO. 81-92
O '
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'es• _PARCEL
2.
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85
PARCEL .
o 3
PARCEL.
1
A AREA.. TO BE
IY ABANDONED o
CL o
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t 0
!.1 L3
L2N 82ro9'45' E 183.31' - oo,
AREA TO REMAIN AT $5"099 "
AS SEWER EASEMENT
OFFER OF DEDICATION
UNE DIRECIV4 DISTANCE
L1 S 01-07#38' W 15.41E
N 82-09'45'E 20.B�jam_
W N 08'07 38 E 15-.46 �
4 N 82b9 45 E 20.61
" ABANDONMENT MAF
iNLS N LAWS 11�'Y1�`Y SEWER
-EASEMENT
EA EMENT
sus mom#40 OVER A PORTION OF
Arm V
PARCEL. a►AT 85-098H
CITY OF ATASCADERO
COUNTY OF SAS! LUIS OBISPO
+ CAUFORNIA
MARCH 1992
AT THE REQUEST OF: BARMY AGES,