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Home My WebLink AboutResolution 85-89 DOC.NO. 5931 O.►-i�►�.i. �:r.;; SAN LUIS OE315PO CO..CA AUG 2 2 1990 FnANCI i M.COONEY County Cwk-Racordar _. DOC.NO; 55597 I ME 4 3� O PM�. RECORDING REOUEMO Oy ind OFFICIAL RECORDS WHEN RECORDED RETURN T0: SAN LUIS OBISPO-CO.,CA City of i4t14ScS,40E'R0 AUG 1 51990 &SC)D pA.LMA XvE /4t-45GJ9pFnD1 C4 %q2_?.1 FRANCIS M.COONEY .4ti`/V ,flOUG- D�vliDSoN County Clerk-Recorder 4 '25PM RESOLUTION NO. 85- 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; 8333 (BEING A PORTION OF MERCEDES AVE. ) TIf�S llpLJMENt' �S g1 //u� h1MSN0e13 7'D /NC.LuDe -rHe y4tf4r_H11? LEGA4 ,p�ScR� ay-(o41,. WHEREAS, Streets and Highways Code 8330 permits summat:y vacation of a street or highway by adoption of a resolution of summary vacation; and WHEREAS, this portion of Mercedes Avenue, as shown oil the attached Exhibit, has been determined to be actually stiperseded by relocation and has been impassable for vehicular travel for at least five consecutive year's and no public looney was expended for its maintenance during that t:iiile; and WHEREAS, the vacation. of this portion of Mercedes Avenue, now superseded by relocation will riot work to cut off access to any person's property which, prior to relocation, adioined the st:r'e et or i'iigYiway to be vacated; and WHEREAS, tyle vacation of this portion of Mercedes Avenue will not affect ally in-plane, ill-use public utility facility or will not terminate a public service easement; and WHEREAS, pursuant to Government Code 65402, the City Planning Commission has reconuicendecl to the Council :its' finding that vacation of this portion of Mercedes Avenue is ill conform- ance with the Ci.ty's General Plan; and WHEREAS, pursuant to Streets and Highways Code 2381, the City Planning Commission leas recommended to the Comicilits, finding that this portion of Mercedes Avenue is not suitable or useful as a noli-motorized transportation facility, or that adequate easements have been retained for such purposes. NOW THEREFORE, it is hereby resolved as follows: 1. Based upon the above findings, the CaunCi.l naw finds and declares the above-described road portion superseded by ieiocat.i.on t:o be uuuseable as a riorc-ljiotorized transportation facility, or that adequate easements have been reta.i.tied for Stich Purposes. 2.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 Genreal Plat. VOL3568?AGE934 VOL 3 561 PAGE 16 Resolution No. 85-89 Page Two 3 . The Council now summarily vacates, pursuant to Streets and Highways Code, Part 3 , Chapter 4 , 8330, that portion of Mercedes Avenue shown on attached Exhibit, subject to the following conditions of approval : (a) The property owner shall indemnify and "hold harmless" the City front claims that may arise from the abandon- ment procedure. This agreement shall be reviewed and found acceptable by the City Attorney. (b) A lot merger shall be completed prior to or simultan- eously to the recording of the abandonment resolution. (c) Applicant shall obtain fee title to Mercedes Avenue. (d) A 20 foot wide easement shall be offered to the City for public utilities, storm drain facilities, bikeway, and pedestrian-way purposes . (e) All conditions of approval must be completed prior to or simultaneously to 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 Reso- lution 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 Councilwoman Mackey and seconded by Councilman Lilley , the motion was approved by the following roll call vote: AYES: Councilmembers Shiers, Borgeson, Mackey, Lilley and Mayor Dexter NOES: None ABSENT: None DATE ADOPTED: 2/13/90 By: LIN DEXTER, Mayor City of Atascadero, California e%P I'1 n n nt e%P, PA , y Resolution No. 85-89 Page Three ATTEST: .ty Clerk L2t ), YA ' AFJBROV, b.'kr3�'TO CONTENT: RAY WINOSOR. City Manager APPROVED AS TO FORM: a� ARTHER MONTANDON, Mity Attorney PREPARED BY: HENRY ENGEN Community D velopmen Director VOL 3 568 PAGE 935 uhl 't` el aar_c 7 �'i L J.IV:.IYY11zjuU :1lJ t,.1MZ gy�3�ad�9��on L�63�adg9��,on; SP A — tw.• a s..( - ,.w�a:. ; ,.y(.,,t,.,wti..a< � :.�.t»�'.�+a�ty► Irw>•..:,,;,. 5g tem lit 0 * maw I �• '+, P i \\ 2 �,�'g ei It. ; N _L Ip1:t .. M06,49101 11 009 VE. � �n •i� F � Nr,�• 4c'�Ge)I(t'1 Neo so+�'a._ a p� a��p -'�c�oo%�JI(.cl� los.3 •,� Gcia! Rig 70 W i1 ig m "J o � aa a or .W T/��✓�- 1'11'2`` i N6502'A6E GN o p lER(T) __.. r { 0 S ; (\ ^ �a�'►�an o conn T$ to �°�a � aaa ``,'N�A £y� a`r Y .0 s.oao 1m C 7 ioa Z r Z'�� it a �0t11t c- C n•i �( <X.A- 21�Ai .,µ. ., r ° aQtaa, `C � zug ,� aZYp� ops •`� �4n,� �• L ywY�g � � CZC 4c� X351 2. a G�Ipr teq �1O O 1 uiia. V4 vy t i gg V ai%0u1 �' m y AiIO t � o ly 2tlt` rp \ �p �U iniF' th2m' x.111^ �u ° a � S roVib A• oY2l °*z C .ia yI:-� o fdtk W�pO u a3 3A �ua �!; !^alry EMgtipa '�i�1 gr Flu. �(e` 1► u p i 1' ii.iltlt RI'. It. :� i �(� )--qpm"V� u Y•2. ' h.ti oy of L�•—� �..t :� —..I 14 y �Ir ,t'i�. <;.:1 .1 .. a'•.Isn{I� °�.� iT '"t:�. r ' 1 t.\ lit Y I t1 w r qp WILSON LAND SURVEYS 6715 MORRO ROAD ATASCADERO. CALIFORNIA 93422 (805) 466.2445 LEGAL DESCRIPTION-MOLINA That portion of Mercedes Avenue in Blocks L and M of Atascadero in the City of Atascadero, County of San Luis Obispo, State of California, according to the map filed October 21 , 1914 in Book 4 of maps. at page 9, records of said County and State described as follows: Beginning at the most easterly corner of Lot 3 of Block L, said corner being on the centerline of Mercedes Avenue; thence along the southeast line of said Lot 3 South 63 '40 '00" West a distance of 20 . 23 feet to the southwest right of way of Mercedes Avenue; thence northwesterly along said right of way along a curve concave to the northeast having a radius of 2376 . 50 feet and a tangent bearing of North 34'52 ' 37" West through a central angle of 5'20 '02" and along an arc length of 221,. 24 feet to an angle point in said right of way; thence South 63' 40 '00" West a distance of 60 . 61 feet to the northeast right of way of Traffic Way as shown on said map; thence leaving said right of way North 33 ' 27 ' 30" West a distance of 40 . 31 feet to the intersection of the northwest right of way of Mercedes Avenue and the northeast right of way of Traffic Way; thence along the northwest right of way of Mercedes Avenue North 63' 40 ' 00" East a distance of 103 .74 feet to the southwest right of way of Southern Pacific Railroad; thence southeasterly along said right of way along a curve concave to the northeast, having a radius of 2336.50 feet and a tangent bearing of South 28 '36' 57" East through a central angle of 6'24"30" and along an arc length of 261 . 33 feet to the intersection of the easterly prolongation of the south line of said Lot 3; thence along said easterly prolongation South 63' 40 ' 00" West a distance of 20 . 23 to the point of beginning. s Kenneth D. Wilson LS 5571 Exp. 9-30-93 VANC+ 5DOU, �P r y No. 5571 ��91F �4�`�� I OF CA VOL 3 568 PAGE 938 END OF DOCOMENT