HomeMy WebLinkAboutResolution 2025-060City of Atascadero
Resolution No. 2025-060
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RESOLUTION 2025-060
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, DECLARING ITS INTENTION TO
ORDER THE VACATION OF A PORTION OF PUBLIC RIGHT-OF-WAY
AT 11285 SAN MARCOS ROAD
WHEREAS, the subdivision map recorded in San Luis Obispo County Book of Maps
3AC, Page 86 dedicated San Marcos Road as a 40-foot-wide public right-of-way, which right-of-
way was assumed by the City of Atascadero upon incorporation; and
WHEREAS, since the dedication of San Marcos Road, geologic conditions have
necessitated a realignment of a portion of the roadway; and
WHEREAS, to complete the realignment, the City will obtain an easement for public
right-of-way from a private property owner comprising approximately 1,190 square feet in
exchange for the City’s vacation of a portion of its right-of-way comprising approximately 1,265
square feet; and
WHEREAS, pursuant to Streets and Highways Code Sections 8320 et sq., the City of
Atascadero may initiate proceedings to vacate excess right-of-way; and
WHEREAS, the proposed vacated area is legally described in Exhibit A and is shown on
Exhibit B, attached hereto and incorporated herein by reference, and is on file in the Department
of Public Works; and
WHEREAS, City staff have confirmed no City utility facilities currently exist within the
portion of San Marcos Road to be vacated; and
WHEREAS, the vacation proceeding for said proposed vacated area is and will be
conducted pursuant to the requirements of Streets and Highways Code Sections 8320, et seq.; and
WHEREAS, the proposed vacation is categorically exempt from environmental review
under the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3)
of the CEQA Guidelines as it can be seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment; and
WHEREAS, pursuant to Government Code Section 65402(a), the vacation of the proposed
vacated area is required to facilitate a realignment of San Marcos Road that is minor in nature, and
as such, referral of the vacation to the City’s planning commission pursuant to Section 65402(a)
shall not be required, as the proposed vacation is consistent with the City’s general plan; and
WHEREAS, the area proposed for vacation is no longer needed for public right-of-way
purposes, and the vacation is in the public interest.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
Docusign Envelope ID: 46C792B9-A636-45BA-913C-6FEAFA486AC5
City of Atascadero
Resolution No. 2025-060
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SECTION 1. The above recitals are true and correct.
SECTION 2. The City Council hereby declares its intention to vacate the above proposed
area.
SECTION 3. The City Council sets November 12, 2025 as the date of the public hearing
on the proposed street vacation. The public hearing will be held at 6:00 p.m. or as soon thereafter as
practicable, in the City of Atascadero Council Chambers, 6500 Palma Ave., Atascadero, California
93422. All persons interested in the vacation are invited to attend and give testimony if desired.
After the close of the public hearing, the Council will consider the adoption of a resolution that
declares the portion of San Marcos Road to be unnecessary for present or prospective public street
purposes and orders the vacation. Said resolution shall provide that the vacation is subject to
recordation of a right-of-way easement in favor of the City for the approximate 1,190 square foot
area shown on Exhibit B.
SECTION 4. The City Clerk is directed to give notice of the public hearing as required by
Streets and Highways Code Section 8322.
SECTION 5. The Director of Public Works is directed to conspicuously post not less than
three notices of vacation along San Marcos Road at the location proposed to be vacated pursuant
to Streets and Highways Code Section 8323. The notices shall be posted not more than 300 feet
apart.
PASSED AND ADOPTED at a regular meeting of the City Council held on the 14th day of
October, 2025.
On motion by Council Member Funk and seconded by Council Member Peek, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES: Council Member Funk, Newsom, Peek, Mayor Pro Tem Dariz, Mayor Bourbeau
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ATASCADERO
_______________ ____________________
Charles Bourbeau, Mayor
ATTEST:
___________________________________
Lara K. Christensen, City Clerk
Docusign Envelope ID: 46C792B9-A636-45BA-913C-6FEAFA486AC5
EXHIBIT "A"
Legal Description
A portion of San Marcos Road lying easterly of Lot 9 in Block 60, of the Atascadero
Colony, in the City of Atascadero, County of San Luis Obispo, State of California, as
shown the map recorded in Book 3AC, at Page 86 of Maps, in the Office of the
Recorder of said County, described as follows:
All that portion of said Road lying westerly of the following described line:
Commencing at a 1/2 inch rebar with the remains of a yellow plastic cap marking the
northerly terminus of that certain course in the centerline of San Marco Road shown on
the map recorded in Book 50, at Page 3 of Records of Surveys, in the Office of the
Recorder of said County, noted to be N 28˚13’11” E 98.67’ feet;
thence, along said centerline, S 28˚19’16” W 98.59 feet to 1/2 inch rebar, with the
remains of a yellow plastic cap, per said Record of Survey, said rebar marking the
intersection of said centerline with the prolongation southeasterly of the southwest line
of said Lot 9;
thence, leaving said centerline, along said prolongation of said lot line,
N 44˚50’39” W 20.90 feet to the westerly right-of-way of San Marcos Road;
thence, along said westerly right-of-way, N 28˚19’16” E 21.13 feet to the True Point of
Beginning;
thence, leaving said right-of-way, N 21˚22’23” E 64.23 feet to the beginning of a curve
concave westerly, having a radius of 434.00 feet;
thence, along said curve, through a central angle of 15˚36’24” a distance of 118.22 feet;
thence N 5˚45’59 E 19.44 feet to the beginning of a curve concave easterly, having a
radius of 166.00 feet;
thence, along said curve, through a central angle of 35˚44’24” a distance of 103.55 feet;
thence N 41˚30’23” E 4.74 feet to the prolongation southeasterly of the northeast line of
said Lot 9, distant thereon N 59˚49’27” W 12.98 feet from a 1/2 inch rebar with the
remains of a yellow plastic cap per said Record of Survey.
End of description.
___________________
JoAnn B. Head
Resolution No. 2025-060
Exhibit A
Docusign Envelope ID: 46C792B9-A636-45BA-913C-6FEAFA486AC5
Resolution No. 2025-060
Exhibit B
Docusign Envelope ID: 46C792B9-A636-45BA-913C-6FEAFA486AC5