HomeMy WebLinkAboutResolution 034-87 RESOLUTION NO. 34-87 '
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 CHORRO ROAD)
WHEREAS, Streets and Highways Code 8330 permits summary vacation
of a street or highway by adoption of a resolution of summary vaca-
tion; and
WHEREAS, this portion of Chorro Road, as shown on the attached
Exhibit A, has been determined to be actually superseded by relocation
and has been impassable for vehicular travel for at least five consec-
utive years and no public money was expended for its maintenance dur-
ing that time; and
WHEREAS, the vacation of this portion of Chorro Road, now super-
seded by relocation will not work to cut off access to any person' s
property which, prior to relocation, adjoined the street or highway to
be vacated; and
WHEREAS , the vacation of this portion of Chorro Road will not
affect any in-place, in-use public utility facility or will not ter-
minate a public service easement; and
WHEREAS , pursuant to Government Code 65402, the City Planning
Commission has recommended to the Council its ' finding that vacation
of this portion of Chorro Road is in conformance with the City' s Gen-
eral Plan; and
WHEREAS, pursuant to Streets and Highways Code 2381, the City
Planning Commission has recommended to the Council its finding that
this portion of Chorro Road is not suitable or useful as a
non-motorized transportation facility.
NOW, THEREFORE, it is hereby resolved as follows:
1. Based upon the above findings , the Council now finds and de-
clares the above-described road portion superseded by reloca-
tion to be unuseable as a non-motorized transportation facil-
ity.
2. Based upon the above findings, the Council now finds and de-
clares the proposed vacation of this road portion superseded
by relocation to be in conformance with the City' s General
Plan.
3 . The Council now summarily vacates, pursuant to Streets and
Highways Code, Part 3, Chapter 4 , 8330 , that portion of
Chorro Road shown on Exhibit A.
Resolution No. 34-87
Page Two
4 . That from and after the date this resolution is recorded with
the County Recorder , the road portion shown on Exhibit A
shall no longer be or constitute a street or highway.
5. The City Clerk shall cause a certified copy of this Resolu-
tion of Summary Vacation, attested by him/her under seal, to
be recorded without acknowledgment, certificate of acknow-
ledgment, or further proof in the office of the County Re-
corder.
On motion by COUNCILWOMAN BORGESON and seconded by COUNCILWOMAN
NORRIS , the motion was approved by the following roll call vote:
AYES : COUNCILMEMBERS BORGESON, HANDSITY, NORRIS AND MAYOR MACKEY
NOES: NONE
ABSENT: NONE
DATE ADOPTED: 4/14/87 By: 1.t a-�
MARJOIYIE MACKEY, Ma r
City of Atascadero, California
ATTEST',,,'' �s
BOYD C. SHARITZ, C Clerk
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APPROVED AS TO CONTENT:
MItHAEL_S`1iELt6N, City Manager
APPROVED AS TO FORM:
EY G J GENSEN,
C t eV
PREPARE BY:
HENRY ENGEN,
Community Development Director
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