HomeMy WebLinkAboutResolution 05-93 RESOLUTION NO. 05-93
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; 8330
(BEING A PORTION OF SANTA ANA ROAD)
WHEREAS, Streets and Highways Code 8330 permits summary vacation of a
street or highway by adoption of a resolution of summary vacation; and
WHEREAS, this portion of Santa Ana Road, as shown on the attached Exhibit,
has been determined to be superseded by relocation and has been impassable for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WHEREAS, the vacation of this portion of Santa Ana Road, now superseded by
relocation will not work to cut off access to any person's property which, prior to the
relocation, adjoined the street or highway to be vacated; and
WHEREAS, the vacation of this portion of Santa Ana Road will not affect any
in-place, in-use public utility facility or will not terminate a public service easement;
and
WHEREAS, pursuant to Government Code 65402, the City Planning
Commission has recommended to the Council its' finding that vacation of this portion
of Santa Ana 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 this portion of Santa
Ana Road is not suitable or useful as a non-motorized transportation facility.
NOW, THEREFORE, it is hereby resolved as follows:
1 . Based upon the findings, the Council now finds and declares the above-
described road portion superseded by relocation to be unusable as a non-
motorized transportation facility.
2. Based upon the above findings, the Council now finds and declares the
proposed vacation of this road portion superseded by relocation to be in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, that portion of Santa Ana Road shown on the
attached Exhibit, subject to the following conditions of approval:
Resolution No. 05-93
Page Two
a. The property owners 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 to merge the abandoned road portion
with adjacent lands in such a manner that no new parcels are created as
a result of the abandonment procedure.
C. All conditions of approval must be completed prior to or in conjunction
with the recording of the abandonment resolution.
4. That from and after the date this resolution is recorded with the County
Recorder, the road portion 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
acknowledgment, certificate of acknowledgment, or further proof in the office
of the County Recorder.
On motion by Luna and seconded by Bewley the motion was approved by the
following roll call vote:
AYES: Councilmembers Borgeson, Luna, Bewley and Mayor Kudlac
NOES: None
ABSENT: Councilman Nimmo
ADOPTED: July 27, 1993
ATTEST: CITY OF ATASCADERO
w
By:
LEE RABOI , Cj4y Clerk AR KUDLAC, Mayor
Resolution No. 05-93
Page Three
APPROVED AS TO FORM:
ARTHER M N ANDON, City Attorney
PREPARED BY:
Henry Enge , Com unity Development Director
EXHIBIT
CITY OF RTAS CAD ERO
f
Resolution No. 05-93
COMMUNITY DEVELOPMENT
�►„� DEPARTMENT
7
p
O
bJ
�j
�-fd
101
cc
PRo�oSE� �t�t^►ooNMEN`T"
iz
��' Ur��r���ZoVEL7 Pt�i�-T►�eNS
a