HomeMy WebLinkAboutResolution 51-84 " RESOLUTION NO. 51-84
A RESOLUTION OF THE CITY 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
WHEREAS, Streets and Highways Code 8333 permits summary
vacation of certain public easements; and
WHEREAS, the 5 'x25 ' public utility easement near Plata Lane,
across Parcel 2, of AT 80-96 ,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 preceding the
adoption of this resolution, and the above described public
service easement was not used continuously since that date; and
WHEREAS, the vacation of the above described public service
easement 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 AT80-96 and
was recorded on December 7, 1982; and has not been used continu-,
�or ously since the date dedicated.
WHEREAS,the Atascadero City Council excludes this vacation
from the requirements of Government Code 65402 because of its
"minor nature" .
NOW, THEREFORE, IT IS HEREBY RESOLVED 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.
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 reso-
lution of summary vacation, attested by her under seal, to be
recorded without acknowledgment, certificate of acknowledgment,
or further proof in the office of the county recorder.
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On a motion by Councilman Molina and seconded by Councilman
Handshy the foregoing resolution is hereby adopted in its entirety
on the folowing vote:
AYES: Councilman Molina, Handshy, Councilwoman Norris & Mackey and Mayor
Nelson
NOES: None
ADOPTED 9-10-84
ATTEST:
RGIA UA +IIR Z ROLFE ELSON,Mayo
City Clerk.
APPROVED AS TO ORM:
ALLEN GRIMES
City Attorney
APPROVED AS TO CONTENT:
AWRENCE McPHERSON
Director of Public Works
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