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Home My WebLink About2006-008 RESOLUTION NO 2006-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO SUMMARYILY VACATING THE UNIMPROVED ALLEY LOCATED NORTH OF PRINCIPAL AVENUE, EAST OF EL CAMINO REAL AND SOUTH OF GUSTA ROAD PURSUANT TO PART 3, CHAPTER 4, ARTICLE 2, SECTION 8335 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE (ROAD ABANDONMENT #2004-0015) WHEREAS, Westpac Investments, Inc., 805 Aerovista Place, Suite 302, San Luis Obispo (Owner / Applicant), applied for a Road Abandonment to abandon a 0.24 acre alley portion of an alley way, created by A.D S Addition No 1, City of Atascadero, County of San Luis Obispo, State of California and filed for record on April 15, 1929 in Book 5 at Page 1 of Maps, and WHEREAS, the proposed project area has a General Plan Designation of Medium Density Residential and the project is in conformance with the Circulation Element of the General Plan and all other applicable General Plan policies, and WHEREAS, the alley, as shown on the attached Exhibit A, has been never been improved and has been impassable for vehicular travel for a period of five consecutive years and no public money has been expended for maintenance on the street during such period, and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Road Abandonment on December 6, 2005 at 7 00 p.m. and considered testimony, reports from staff, the applicants, and the public, and WHEREAS, the Planning Commission on a 4 0 vote, recommends the City Council summarily vacate the alley as depicted in Exhibit A below NOW, THEREFORE, the City Council takes the following actions SECTION 1. Environmental Review. The City Council finds that the proposed project is consistent with Mitigated Negative Declaration 2004-0024, adopted by the City Council on October 12, 2004 for the Principal Avenue Mixed Use Project. SECTION 2. Findings of Approval. The City Council finds as follows 1 The proposed project is consistent with the General Plan. City of Atascadero Resolution No.2006-008 Page 2 of 4 2. The alley is summarily vacated pursuant to Part 3, Chapter 4, Article 2, Section 8335 of the California Streets and Highways Code. 3 The alley summarily vacated is as shown on Exhibit A, attached hereto and incorporated herein. 4 The alley has been impassable for vehicular travel for a period of five consecutive years and no public money has been expended for maintenance on the street during such period. 5 Recordation of this Resolution of Vacation releases the City of Atascadero's interests in the Alley as shown on Exhibit A, attached hereto and incorporated herein. BE IT FURTHER RESOLVED, that the City Council approves Road Abandonment 2004-0015 as shown on Exhibit A and subject to Conditions of Approval contained in Exhibit B On motion by Council Member Luna and seconded by Council Member Clay, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote AYES Council Members Clay, Luna, Pacas, Scalise and Mayor O'Malley NOES None ABSENT None ADOPTED- January 24, 2006 C TY 60FATASCADER0 By- Tom O'Malley, May Attest: Marcia McClure Torgerson, C.M.0 ,rityyerk APPRCr7ED AS T RM. PatiCi ight, City Attorney City of Atascadero Resolution No.2006-008 Page 3 of 4 Exhibit A: Alley Abandonment Map *Mo'e RAB 20040015 f P a j ` t k.. / i ( aw c } t( �� :Ot n • r /z✓ <s Abandonment Area R 'Eff V' 5 I rr� { vDIT ; 3 rrucs xaee AMl1T1U CT aria �tCw a1 H13" t Anar AamlM t HxhtW,:., 13 g At..�.a+.�naxwua. .k.:....._...,... `.1�..�_ _. ._...__............ City of Ataseadero Resolution No.2006-008 Page 4 of 4 Exhibit B: Conditions of Approval RAB 20040015 ENGINEERING CONDITIONS. 1 Prior to City Council approval of the road abandonment, the applicant shall have the application reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, and Atascadero Mutual Water Company) The applicant shall obtain a letter from each utility company which indicates their review of the application. The letter shall identify any new easements which may be required by the utility company A copy of the letter shall be submitted to the City New easements shall be recorded prior to or concurrently with the road abandonment. C (OMDY IF JULIE RQDEWALD DARK This document is recorded for the benefit of the San Luis Obispo County—Clerk/Recorder 2/16/2006 City of Atascadero and is exempt from Recorded at the request of 9:42 AM recording fees pursuant to Government Code Public Sections 6103 and 27383 D O C# 2006011203 Titles: 1 Pages: 5 RECORDING REQUESTED BY Fees 0.00 City of Atascadero (RAB 2004-0015) Taxes 0.00 11111111111 11111111111111111 Others 0.00 WHEN RECORDED MAIL TO PAID $0.00 City of Atascadero Community Development Director 907 EI Camino Real Space above reserved for use of County tascadero, CA 93422 Recorder RESOLUTION NO 2006-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO SUMMARYILY VACATING THE UNIMPROVED ALLEY LOCATED NORTH OF PRINCIPAL AVENUE, EAST OF EL CAMINO REAL AND SOUTH OF GUSTA ROAD PURSUANT TO PART 3, CHAPTER 4, ARTICLE 2, SECTION 8335 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE (ROAD ABANDONMENT #2004-0015) WHEREAS, Westpac Investments, Inc , 805 Aerovista Place, Suite 302, San Luis Obispo (Owner / Applicant), applied for a Road Abandonment to abandon a 0.24 acre alley portion of an alley way, created by A.D S Addition No 1, City of Atascadero, County of San Luis Obispo, State of California and filed for record on April 15, 1929 in Book 5 at Page 1 of Maps, and WHEREAS, the proposed project area has a General Plan Designation of Medium Density Residential and the project is in conformance with the Circulation Element of the General Plan and all other applicable General Plan policies, and WHEREAS, the alley, as shown on the attached Exhibit A, has been never been improved and has been impassable for vehicular travel for a period of five consecutive years and no public money has been expended for maintenance on the street during such period, and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Road Abandonment on December 6, 2005 at 7 00 p.m. and considered testimony, reports from staff, the applicants, and the public, and D REGE�vE C1TY OF AjP`S SAIF pO (',1TY MANAGED City of Atascadero Resolution No.2006-008 Page 2 of 5 WHEREAS, the Planning Commission on a 4 0 vote, recommends the City Council summarily vacate the alley as depicted in Exhibit A below NOW, THEREFORE, the City Council takes the following actions SECTION 1 Environmental Review. The City Council finds that the proposed project is consistent with Mitigated Negative Declaration 2004-0024, adopted by the City Council on October 12, 2004 for the Principal Avenue Mixed Use Project. SECTION 2. Findingsof Approval. The City Council finds as follows 1 The proposed project is consistent with the General Plan. 2 The alley is summarily vacated pursuant to Part 3, Chapter 4, Article 2, Section 8335 of the California Streets and Highways Code 3 The alley summarily vacated is as shown on Exhibit A, attached hereto and incorporated herein. 4 The alley has been impassable for vehicular travel for a period of five consecutive years and no public money has been expended for maintenance on the street during such period. 5 Recordation of this Resolution of Vacation releases the City of Atascadero's interests in the Alley as shown on Exhibit A, attached hereto and incorporated herein. BE IT FURTHER RESOLVED, that the City Council approves Road Abandonment 2004-0015 as shown on Exhibit A and subject to Conditions of Approval contained in Exhibit B City of Ataseadero Resolution No.2006-008 Page 3 of 5 On motion by Council Member Luna and seconded by Council Member Clay, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote AYES Council Members Clay, Luna, Pacas, Scalise and Mayor O'Malley NOES None ABSENT None ADOPTED January 24, 2006 C TY OF ATASCADERO By- Tom 'Malley, Nla&r Attest: Marcia McClure Torgerson, C.M. City Clerk err APPR D AS TO RM. Patri . E ght, City Attorney i%10 City of Ataseadero Resolution No.2006-008 Page 4 of 5 Exhibit A: Alley Abandonment Map RAB 2004-0015 � moi..... 41 tl 3 a; a ..?: j 1 4' S ww y F y , Abandonment Area g€' 8 2im �4T �3 �-- '.....a. ate......«....- ::... :. �. TRACTIOD6 ANO TMO'*" •, { Zay Ab"d_"*A","0 y k 4. i' A4rcailwa!&XN.,:: !. ': City of Ataseadero Resolution No.2006-008 Page 5 of 5 Exhibit B: Conditions of Approval RAB 2004-0015 ENGINEERING CONDITIONS. 1 Prior to City Council approval of the road abandonment, the applicant shall have the application reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, and Atascadero Mutual Water Company) The applicant shall obtain a letter from each utility company which indicates their review of the application. The letter shall identify any new easements which may be required by the utility company A copy of the letter shall be submitted to the City New easements shall be recorded prior to or concurrently with the road abandonment. ENO OF DOCUMENT