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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 �C�•:Esc. �'/l p No. 5571 �� l£OF CAl .. .� � , � ._ .. ...� r •wavey w •vv! „,.....-- EXHIBIT B RESOLUTION NO. 81-92 O ' O / 'es• _PARCEL 2. c-' V aJ 0 CJ �o . 85 PARCEL . o 3 PARCEL. 1 A AREA.. TO BE IY ABANDONED o CL o v” 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,