HomeMy WebLinkAboutResolution 14-95 RESOLUTION NO. 14-95
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 PORTIONS OF SAN MARCOS, CHOLARE, ESCABROSA,
SAN FELIPE, SAN CAYETANO AND MADRONE ROADS)
WHEREAS, Streets and Highways Code 8330 permits summary vacation of a
street or highway by adoption of a resolution of summary vacation; and
WHEREAS, the portions of San Marcos, Cholare, Escabrosa, San Felipe, San
Cayetano, and Madrone Roads, as shown on the attached Exhibit, have been
determined to be superseded by relocation, have been impassable for vehicular travel
for at least five consecutive years, and no public money has been expended for their
maintenance during that time; and
WHEREAS, the vacation of these portions of San Marcos, Cholare, Escabrosa,
San Felipe, San Cayetano, and Madrone Roads, now superseded by relocation will not
work to cut off access to any person's property which, prior to the relocation,
adjoined the streets to be vacated; and
WHEREAS, the vacation of these portions of San Marcos, Cholare, Escabrosa,
San Felipe, San Cayetano, and Madrone Roads will not affect any in-place, in-use
public utility facility, and 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 these
portions of San Marcos, Cholare, Escabrosa, San Felipe, San Cayetano, and Madrone
Roads 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 these portions of San
Marcos, Cholare, Escabrosa, San Felipe, San Cayetano, and Madrone Roads are not
suitable or useful as a non-motorized transportation facility.
Resolution No. 14-95
Page Two
NOW, THEREFORE, it is hereby resolved as follows:
1 . Based upon the findings, the Council now finds and declares the above-
described road portions superseded by relocation to be unusable as a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proposed vacation of this road portion superseded by relocation to be in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, those portions of San Marcos, Cholare,
Escabrosa, San Felipe, San Cayetano, and Madrone Roads shown on the
attached Exhibit, subject to the following conditions of approval:
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 or a lot line adjustment(s) shall be completed to
merge the abandoned road portions 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,
and/or lot merger or lot line adjustment documents.
4. That from and after the date this resolution is recorded with the County
Recorder, the road portions 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 her under seal, to be recorded without
acknowledgment, certificate of acknowledgment, or further proof in the
office of the County Recorder.
Resolution No. 14-95
Page Three
On motion by Councilmember Carden and seconded by Councilmember Luna,
the motion was approved by the following roll call vote:
AYES: Councilmembers Carden, Highland, Johnson, Luna and Mayor Bewley
NOES: None
ABSENT: None
ADOPTED: February 28, 1993
ATTEST: CITY OF ATASCADERO
By:
LEE PRICE, City Clerk R. 6AVID BEWLEY, May
APPROVED AS TO FORM:
Amom�
AR HER R. MO TAN ON, City Attorney
PREPARED BY:
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HENRY ENGEN, Commu ty Development Director