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Home My WebLink AboutResolution 081-87 le RESOLUTION NO. 81-87 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 THE PORTION OF THE CURBARIL RIGHT-OF-WAY ADJOINING PARCEL 1, PM 14-80) 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and WHEREAS, this portion of Curbaril Avenue, as shown on the attached Exhibit A, has been determined to be actually superseded by relocation and has been impassable for vehicular travel for at least five consec- utive years and no public money was expended for its maintenance dur- ing that time; and WHEREAS, the vacation of this portion of Curbaril Avenue, now superseded by relocation will not work to cut off access to any per- son' s property which , prior to relocation, adjoined the street. :. or highway to be vacated; and WHEREAS , the vacation of this portion of Curbaril Avenue will not affect any in-place, in-use public utility facility or will not terminate 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 Curbaril Avenue is in conformance with the City' s General 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 Curbaril Avenue 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 Based upon the above findings , the Council now finds and de- clares the above-described road portion superseded by reloca- tion to be unusable as a non-motorized transportation facil- ity. 2. Based upon the above findings, the Council now finds and de- clares the proposed vacation of this road portion superseded by relocation to be in conformance with the City' s General Plan. C Resolution No. 81-87 Page Two 3. The Council now summarily vacates, pursuant to Streets and Highways Code, Part 3 , Chapter 4 , 8330 , that portion of qur- baril Avenue as shown on Exhibit A subject to the follaw ng conditions of--.,.approval: (1) The property owner shall obtain fee title to the portion of Curbaril Avenue to be vacated. (2) The property owner shall seek and obtain the declaration of this=:-portion of Curbaril as City surplus property and purchase accordingly. (3) The property owner shall indemnify and "hold harmless" the City from claims that may arise from the vacation procedure. (4) Utility easements shall be reserved, pursuant to Section 8340 of the Streets and Highways Code for the benefit of Pacific Bell and the U.S. Department of the Navy to maintain and service their facilities. (5) A lot merger shall be recorded prior to recordation. .of the vacation resolution. (6) A legal description of the portion of the street to be vacated shall be provided prior to recording the vaca- tion resolution. (7) All conditions of approval must be completedprior to or si=ltaneously with the recording of the vacation resolution_. 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 acknowl- edgment, or further proof in the office of the County Re- corder . On motion by COUNCILMAN BOURBEAU and seconded by COUNCILWOMAN MACKEY the motion was approved by the following roll call vote: Resolution No. 81-87 AYES : ._COUNCILMEMBERS BORGESON, BOURBEAU, MACKEY AND MAYOR NORRIS NOES: NONE ABSENT: COUNCILMAN HANDSITY DATE ADOPTED: 1/26/88 t= By: BARBARA NORRIS, Mayor City of Atascadero, California ATTEST; BOYD''i',, ARITZ C ' erk APPROVED AS TO CONTENT: � i MICHAEL SHELTON, City Manager APPROVED AS TO FORM: fPF�!R Y G JO NS , Att me EPARED BY° HENRY ENGE , Community velopme Director �r EXHIBIT A That portion of' ublic right-of-way in the City of Atascadero, County of San Luis Obispo, State of California, being a portion of the property described in the deed from Otto Heilman, Jr. et al to the County of San- .Luis Obispo recorded on October 13, 1963 in Volume 1265 of Official Records at Page 456 in the Office of the County Recorder of said County, described as follows: Beginning at the most Easterly corner of said property conveyed to the County of San Luis Obispo; Thence proceeding along the South- easterly line of said property South 55037' West a distance of 100 feet to the most Southerly` corner of said property; Thence proceeding along the Southwesterly line of said property North 34023' West a distance of 25.72 feet to the point on the Easterly right-of-way line of County Road No. 15484 also known as Curbaril Avenue as shown on the San Luis Obispo County Road Pap dated April 1963; Thence proceeding along said Easterly right-of-way line North 6056 'East a distance of 151 .46 feet to a point on the Northeasterly line of said property conveyed to the County of San Luis Obispo; Thence proceeding along said Northeasterly line South 34023 ' East a distance of 139.48 feet to the POINT OF BEGINNING OF THIS DESCRIPTION. a ••..lJ Jli.:�. �i.l for {" 1•.t.w. �..1.w Jw tail .:_w_y only ar.L! is not a Purposes Title C1ara3oration r llomestaUd dad8not resportsibilit asstizTia any Y or liability fcr itrs accurateness. %; UN o •",: Q `" `Pam� W j '�N pB� C Cb 41 N Ip @Ira Vw rn r i � t i EXHIBIT B Parcel 1 of Parcel Map CO 73-347 in the City of Atascadero, County of San Luis Obispo, State of California as per map recorded in Book 14 of Parcel . Maps at Page 80 in the Office of the County Recorder of said Co. ty and that portion of the property conveyed to the County of San Luis Obispo from Otto Heilman, Jr. et al in the deed recorded on October 16, 1963 in Volume 1265 of Official Records at Page 456 in the_Office of the County Recorder of said County described as follows: Beginning at the most Easterly corner of said property conveyed to the County of San Luis Obispo also being the Northeasterly corner of Parcel 1 of said parcel map; Thence proceeding along the boundary of said Parcel 1 South 33034130" East a distance of 176.56 feet; Thence South 53008'38" West a distance of 86.82 feet; Thence North 37°01 ' West a distance of 81 .07 feet; Thence South 45056' West a distance of 13.25 feet to a point on a non-tangent curve concave to the South having a radius of 125 feet and a central angle of 11 °10137"; Thence Northwesterly along said curve an arc length distance of 24.39 feet; Thence North 79°27'35" West a distance of 46.58 feet; Thence North 19026120" West a distance of 20.07 feet to a point on the Easterly right-of-way line of County Road No. 15484 also known as Curbaril Avenue as shown on the San Luis Obispo County Road Map dated April 1963; Thence continuing along said right-of-way line North 6056' East a dis- tance of 74.68 feet to a point on the Southwesterly line of said property conveyed to the County of San Luis Obispo; Thence leaving the boundary of said Parcel 1 and continuing along the Easterly right-of-way line of Curbaril Avenue North 6056' East a distance of 151 .46 feet to a point on the Northeasterly line of said property conveyed to the County of San Luis Obispo; Thence along said Northeasterly line South 34023' East a distance of 139.48 feet to the POINT OF BEGINNING OF THIS DESCRIPTION. #87-228 .PIC on tn A4 10 -7- ar lh Ul- CL. 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