HomeMy WebLinkAboutResolution 044-86 err► RESOLUTION NO. 44-86
A RESOLUTION OF THE COUNCIL OF THE CITY OF
ATASCADERO SUMMARILY VACATING A PUBLIC SERVICE
EASEMENT PURSUANT TO STREETS AND HIGHWAYS CODE;
PART 3, PUBLIC STREETS, HIGHWAYS AND SERVICE
EASEMENTS VACATION LAW; CHAPTER 4, SUMMARY VACATION;
8333, PUBLIC SERVICE EASEMENTS
(8793 PLATA LANE)
WHEREAS, Streets and Highways Code 8333 permits summary vacation
of certain public easements; and
WHEREAS, the five foot public utility easements near Plata Lane,
across Parcels 1 and 2 of AT 80-97, as shown on the attached Exhibit
A, has been determined to have been dedicated or acquired less than
five years, and more than one year , immediately preceeding the adop-
tion of this resolution, and the above-described public service ease-
ment was not used continuously since that date; and
WHEREAS, the vacation of the above described public service ease-
ment will not affect any in-place, in-use public utility facilities;
and,
WHEREAS, it has been determined that the above described public
service easement was dedicated on Parcel Map AT 80-97 and was recorded
on December 7, 1982; and has not been used continuously since the date
dedicated; and
WHEREAS, the Atascadero City Council excludes this vacation from
the requirements of Government Code 65402 because of its "minor
nature" .
NOW, THEREFORE, the Council of the City of Atascadero does resolve
as follows:
1. The Council now summarily vacates, pursuant to Streets and
Highways Code; Part 3, Chapter 4, 8333 that public service
easement described above, and as shown on the attached Exhi-
bit "A" .
2. That from and after the date this resolution is recorded with
the County Recorder , the public service easement described
above shall no longer be or constitute a public service-
easement.
3. The City Clerk shall cause a certified copy of this resolu-
tion of summary vacation, attested by him under seal, to be
recorded without acknowledgement, certificate of acknowledge-
ment, or further proof in the Office of the County Recorder.
COUNCILMAN
On motion by COUNCILWOMAN NORRIS and seconded by HANDSITY
the foregoing resolution was approved in its entirety by the following
roll call vote:
AYES COUNCILMEMBERS HANDSITY, MACKEY, NORRIS AND MAYOR NELSON
NOES: NONE
ABSENT: COUNCILMAN MOLINA
DATE ADOPTED: 5/12/86
CITY O ATASCADERO, CALIFORNIA
BY �Aj
ROLFE Qj. NELSON, Ma or
ATTEST:,
ROBERT M. , JONWES, City Clerk
APPROVED AS 'TO CONTENT:
U,
MICHA SHELTO , City Manager
APP D FORM
� � L
OBERT M. S, City Attorney
PREPARED BY:
.fte.
REMAY EN I
EN, Col
o unity Development Director
ih (
t7 i
f^ �
z
2 y
yyw
t b �
�' x soh •[
t w
yyl+5�i1 N i.+
.w SS
N
16
co Ov
G
O t
w d
at
h a
+ � ~ `E � }^+` a z l •tet � ; t
a � o
s - a
t
a' 4
e�F; �.s'os v/t"J. !a
Y !O•�J7,,(v
,,s cr g6 s!f' ,`�`/16z re i.v[` '�•'T __ `il;
/ i
[J A3
m[X) PLATA LANE &
(�' Q{�!y z ei a b,� b 1.,
� �to— R I N_`1 11 D t -0 b• � 4 �
It, nn
�•{ _
b
7h
y x ,1
s•'�r. � 6 � N 2 �T 9 h ' �� �j�,;1ry1 Z' ; 1 k � ; � � ��ru, i
-0� �
b - moHb� iii...1t�
V j^I > C
�
t
\ DOC.NO ZS660
t, OFFICIAL RECORDS
N SAN LUIS OBISPO CO.,CAL
MAY 16M
FRANCIS M.COONEY
County Clerk Recorder
TIME 3-.40 PM
RECORDING REQUESTED BY and I
VJHEN RECORDED RETURN Ph
RESOLUTION NO 44-86
A RESOLUTION OF THE COUNCIL OF THE CITY OF
ATASCADERO SUMMARILY VACATING A PUBLIC SERVICE
EASEMENT PURSUANT TO STREETS AND HIGHWAYS CODE;
PART 3, PUBLIC STREETS, HIGHWAYS AND SERVICE
EASEMENTS VACATION LAW; CHAPTER 4, SUMMARY VACATION;
8333, PUBLIC SERVICE EASEMENTS
(8793 PLATA LANE)
WHEREAS, Streets and Highways Code 8333 permits summary vacatic
of certain public easements; and Iwo
WHEREAS, the five foot public utility easements near Plata Lane,
across Parcels 1 and 2 of AT 80-97, as shown on the attached Exhibit
A, has been determined to have been dedicated or acquired less than
five years, and more than one year, immediately preceeding the adop-
tion of this resolution, and the above-described public service ease-
ment was not used continuously since that date; and
WHEREAS, the vacation of the above described public service ease-
ment will not affect any in-place, in-use public utility facilities;
and,
WHEREAS, it has been determined that the above described public
service easement was dedicated on Parcel Map AT 80-97 and was recorded
on December 7, 1982 and has not been used continuously since the date
dedicated and
WHEREAS, the Atascadero City Council excludes this vacation from
the requirements of Government Code 65402 because of its "minor
nature"
NOW, THEREFORE, the Council of the City of Atascadero does resolve
as follows
1 The Council now summarily vacates, pursuant to Streets and
Highways Code Part 3 Chapter 4, 8333 that public service
easement described above, and as shown on the attached Exhi-
bit A"
2 That from and after the date this resolution is recorded with
the County Recorder the public service easement described
above shall no longer be or constitute a public service
easement
3 The Citl Clerk shall cause a certified copy of this resolu`-"101i
tion of summari vacation, attested by him under seal, to be
recorded without acknowledgement certificate of acknowledge-
ment, or further proof in the Office of the County Recorder
Y'