HomeMy WebLinkAboutResolution 2010-002 RESOLUTION NO 2010-002
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, ACCEPTING THE
OPEN SPACE AND PUBLIC ACCESS EASEMENT AREA OF LOT 169
TRACT 2454-PHASE 1 (22MB61)
WHEREAS, the City Council approved the final tract map for Tract 2454 Phase 1 on June
24, 2003, including a Public Open Space and Access Easement of approximately 5 86, also known
as Lot 16, and,
WHEREAS, the City Council upon approval of said tract map refected without prejudice
the Public Open Space and Access Easement on Lot 16 for future acceptance, and,
WHEREAS, public use of the trail on the property is occurring, however the trail is not
being properly maintained by the current landowner and appears to be falling into disrepair; and,
WHEREAS, City staff will be responsible for clearing the ongoing maintenance of the
public Open Space and trail improvements, and,
WHEREAS, the City does not wish for the offer of dedication to be jeopardized or
misconstrued by lenders or trustees related to the developer of the project, De Anza Estates, LLC,
and,
WHEREAS, the trail improvements within the open space areas as defined in Exhibits A
attached hereto, have been substantially completed and may now be accepted for the benefit of the
public
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Atascadero
SECTION 1. The City Council does hereby accept the Open Space and public
improvements within Lot 16 of Tract 2454 Phase 1, more particularly described in Exhibit A
attached hereto
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City of Atascadero
Resolution No. 2010-002
Page 2 of 4
irwr On motion by Council Member Clay and seconded by Council Member Beraud, the foregoing
Resolution is hereby adopted in its entirety on the following roll call vote
AYES Council Members Beraud, Clay, Kelley, O'Malley and Mayor Fonzi
NOES None
ABSENT None
ADOPTED- January 26, 2010
CITY OF ATASCADERO
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By- �ar_lr NP-)
Roberta Fonzi,Mayor
ATTEST
+ •� Marcia McClure Torgerson, C.M.C.,
City Clerk
APPROVED AS TptORM.
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Brian A. Pienk, City Attorney
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City of Atascadero
Resolution No. 2010-002
Page 3 of 4
r�rwr Exhibit A to Draft Resolution
Open Space / Legal Description
Page 1
Parcel 16 of Tract No 2454-1, in the City of Atascadero, County of San Luis Obispo,
State of California, according to the map recorded July 1, 2003 in Book 22 of Maps,
Pages 61 to 63, in the Office of the County Recorder of said County
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City of Atascadero
Resolution No 2010-002
Page 4 of 4
Exhibit A to Draft Resolution
Graphic Depiction of Property
Page 2
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