HomeMy WebLinkAboutResolution 2025-064City of Atascadero
Resolution No. 2025-064
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RESOLUTION 2025-064
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, ORDERING 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 at 11285 San Marcos Road 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 adjacent to said property; and
WHEREAS, pursuant to Streets and Highways Code Sections 8320 et sq., the City Council
adopted Resolution 2025-060 on October 14, 2025, declaring its intent to order the vacation of a
portion of public right-of-way at 11285 San Marcos Road and setting a public hearing for
November 12, 2025, for the order to vacate the public right-of-way; and
WHEREAS, the City Council conducted a duly noticed public hearing on November 12,
2025, as required by Streets and Highways Code Section 8322 on the proposed street vacation and
all persons interested in the vacation were invited to attend and give testimony, if desired, on the
proposed street vacation; and
WHEREAS, the City Engineer has confirmed no City utility facilities currently exist
within the portion of San Marcos Road to be vacated; 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:
SECTION 1. The above recitals are true and correct.
Docusign Envelope ID: 11A50FD2-7AA3-4FFD-8C3D-08544580CFCB
City of Atascadero
Resolution No. 2025-064
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SECTION 2. A portion public right-of-way at 11285 San Marcos Road is declared to be
unnecessary for present or prospective public street purposes and the City Council orders its
vacation, which is legally described in Exhibit A and shown on Exhibit B, attached hereto and
incorporated by reference.
SECTION 3. The order to vacate a portion of San Marcos Road in Section 2 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 Director of Public Works is directed and authorized to accept the right-
of-way easement described in Section 3 on behalf of the City.
PASSED AND ADOPTED at a regular meeting of the City Council held on the 12th day of
November 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:
CITY OF ATASCADERO
_______________ ____________________
Charles Bourbeau, Mayor
ATTEST:
___________________________________
Lara K. Christensen, City Clerk
AYES: Council Member Funk, Newsom, Peek, Mayor Pro Tem Dariz, Mayor Bourbeau
NOES: None
ABSENT: None
ABSTAIN: None
Docusign Envelope ID: 11A50FD2-7AA3-4FFD-8C3D-08544580CFCB
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. 2025-064
Exhibit A
Docusign Envelope ID: 11A50FD2-7AA3-4FFD-8C3D-08544580CFCB
Resolution No. 2025-064
Exhibit B
Docusign Envelope ID: 11A50FD2-7AA3-4FFD-8C3D-08544580CFCB