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Home My WebLink AboutResolution 102-96 ATTACHMENT D RESOLUTION NO. 102-96 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO SUMMARILY VACATING A PORTION OF ARDILLA ROAD PURSUANT TO STREET AND HIGHWAYS CODE; PART 3, PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW; CHAPTER 4, SUMMARY VACATION. (RA #96001: Shores - Ptn. Ardilla Road) WHEREAS, Streets and Highways Code 8330 permits summary vacation of a street right-of-way, or portion of a right-of-way, by adoption of a resolution of summary vacation; and WHEREAS, this portion of the Ardilla Road right-of-way, as shown on the attached Exhibit, has been superceded by relocation and had been impassable for vehicular travel for at least five consecutive years and no public money was expended for its maintenance during that time; and WHEREAS; the vacation of this portion of the Ardilla Road right-of-way now superceded by relocation, will not eliminate access to any person' s property which prior to relocation adjoined the street or highway to be vacated; and WHEREAS; the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 the Ardilla Road right-of-way will not affect any in-place, in-use public utility facility or will not terminate a public service easement; and WHEREAS; the Planning Commission of the City of Atascadero conducted a public hearing on the subject amendment on December 3, 1996 and pursuant to Government Code 65402 has recommended to the Council that the vacation of this portion of the Ardilla Road right-of-way is in conformance with the General Plan; and WHEREAS, pursuant to Streets and Highways Code 2381, the Planning Commission has recommended to the Council that this portion of the Ardilla Road right-of-way is not suitable or useful as a non-motorized transportation facility, or that adequate easements have been retained for such purposes . THEREFORE, the Council of the City of Atascadero finds as follows : 1 . The proposed vacation of this portion of the Ardilla Road right-of-way, superceded by relocation, is consistent with the General Plan. 2 . The portion of the Ardilla Road right-of-way to be abandoned, now super-ceded by relocation, is not suitable as a non-motorized transportation facility. Resolution No. 102-96 Page 2 3 . The Council now summarily vacates, pursuant to Streets and Highways Code, Part 3, Chapter 4, 8330, that portion of the Ardilla Road right-of-way shown on the attached Exhibit subject upon the property owner agreeing to indemnify and "hold harmless" the City from claims that may arise from the abandonment procedure . This agreement shall be reviewed and found acceptable to the City Attorney prior to recording of the abandonment Resolution and associated documents . 4 . That from and after the date this resolution is recorded with the County Recorded, the portion of Ardilla Road shown on the attached Exhibit shall no longer constitute a street right-of-way. 5 . The City Clerk shall cause a certified copy of this Resolution of Summary Vacation, attested by his or her seal, to be recorded without acknowledgment or further proof in the office of County Recorder. On motion by Councilman Carden and seconded by Councilman Cly, the foregoing resolution is hereby adopted in its entirety by the following roll call vote : AYES : COUNCILMEMBERS CARDEN, CLAY, LUNA AND MAYOR JOHNSON NOES: NONE ABSENT: LERNO (Abstain) ADOPTED: 1/14/97 ITYUTASC O, CA RA JOH ,SO , May r ATTEST: MARCIA M. TORGERSON, City Clerk Resolution No. 102-96 Page 3 APPROVED AS; FORM: & a -.-I ROY7ARED HANL , D y City Attorney PRE BY: TEVEN L. DECAMP, AdIrting Community Development Director \j` (=TTY C YP A'1'Asc-,A npRn RESOLUTION 102-96r �•-•�w�i!X14 ::._ �waw�� '. .. .'. COMMUNITY DEVELOPMENT DEPARTMENT P/PE PER R • �50�/O'00"E 22.98' o J29:4.O' 0 50 100 zoo m ' N Pry/.I tx. Z4 (3 AC Z8) toad) _ �NB9'50.00"E d-/700'00" j 338.20' Orad /47 Peeds 446 pti a o. �• o t N /17 weeds 3(o9 ; F11 Al 794136-44„ e, I Z�•32' ` 2� 2 2./0' jZ a / �Z” EOAR 746t5EO R=ZZ4.80' RCE ZEE fER 47Gs 79 . • i,�� 2 2.ro 3 ' � 1 000061 EXHIBIT A (CONT. ) RESOLUTION 102-96 ROAN ARANDONMEN'T - LEGAL DESCRI PTI ON A parcel of land in the City of Atascadero, County of San Luis Obispo, State of California, more particularly described as follows: BEGINNING at the southeasterly corner of Parcel 1 of Parcel Map AT 83-040 , as recorded February 27, 1987 in Book 41, Page 14 of Parcel Maps, in the office of the County Recorder, said County and State, said corner bearing South 010100"East along the centerline of Ardilla Road, 235.60 feet from a 1" open iron pipe, monumenting the beginning of curve per Book 3, Page 28 of Atasca- dero Colony (said County and State); Thence, continuing along the centerline of Ardilla Road South 00 10100" East, a distance of 129.40 feet to the northwesterly corner of Lot 20, Block 24 of Atascadero Colony per said Book 3, Page 28; Thence, ,along the northwesterly line of said Lot 20 North 790 38144" East, a distance of 20.32 feet to the easterly right of way of Ardilla Road; Thence, along said easterly right of way South 0010100 East, 176.69 feet to the beginning of a tangent curve, concave to the northeast, and having a radius of 338.20 feet; Thence, southerly and southeasterly along the arc of said curve through a central angle of 17000'00", and an arc length of 100.35 feet; 1000062 Thence, South 17010100" East, tangent to last mentioned curve, a distance of 262.38 feet to the intersection of said easterly right of way and the northwesterly line of Lot 22, Block 24 per said Atascadero Colony; Thence, leaving said easterly right of way along said northwest- erly line of Lot 22 South 79036123" West, a_distance of 20.14 feet to the centerline of Ardilla Road; Thence, along said centerline South 170101001 East, 22.10 feet to the beginning of a non-tangent curve to the left, concave to the northeast, and having a radius of 204.80 feet; Thence, southeasterly along the arc of said curve through a central angle of 41051 -0911, and an arc length of 149.60 feet to a 1/2" rebar tagged RCE 20244 set per survey as recorded in Book 47, Page 79 of Licensed Surveys (said County and State) ; Thence, along the southeasterly line of Parcel 4 per said Parcel Map AT 83-040 South 6014115" West, a distance of 22.63 feet to a point on the arc of a curve on the westerly right of way of Ardilla .Road, said 'Curve concave to the northeast and having a radius of 224.80 feet; Thence, along said westerly right of way, northwesterly along the arc of said curve through a central angle of 391110211, and an arc length of 153.74 feet; Thence, North 17010100" West non-tangent to last said mentioned curve, a distance of 281.51 feet to the beginning of a non- tangent curve to the right, concave to the northeast and having a radius of 378.20 feet; Cl(?0063 Thence, northwesterly along the arc of said curve through a central angle of 1700010011, and an arc length of 112.21 feet; Thence, continuing along the westerly right of way of Ardilla Road North 0010100 West, 291.18 feet to a point on the southeast- erly line of said Parcel 1; Thence, along said southeasterly line North 60020'22" East, 22.98 feet to the POINT OF BEGINNING. Above described parcel contains 27,578.6 square feet. Bearings are based upon a line between two found monuments on the center- line of Ardilla Road, calculated to be North 6018'14" West from data per said Book 3, Page 28 of Atascadero Colony. See Exhibit B, as attached herewith and made a part of the de- scription thereof. LANG S�RGF Dougl s A. Sholders, LS # 5700 s Lic. expires 9/30/99 V0. C740 SOV�J V�3