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HomeMy WebLinkAboutResolution 02-97 RESOLUTION NO. 2-97 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO SUMMARILY VACATING A PORTION OF SAN CAYETANO ROAD PURSUANT TO STREET AND HIGHWAYS CODE; PART 3, PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW; CHAPTER 4, SUMMARY VACATION. (RA #96002 : Lindsay - Ptn. San Cayetano 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 San Cayetano Road right-of-way, as shown on the attached Exhibit, has 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 San Cayetano Road right-of-way now 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 San Cayetano 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 January 21, 1997 and pursuant to Government Code 65402 has recommended to the Council that the vacation of this portion of the San Cayetano 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 San Cayetano 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 San Cayetano Road right-of-way is consistent with the General Plan. 2 . The portion of the San Cayetano Road right-of-way to be abandoned is not suitable as a non-motorized transportation facility. Resolution No. 2-97 Page 2 3 . The Council now summarily vacates, pursuant to Streets and Highways Code, Part 3, Chapter 4, 8330, that portion of the San Cayetano 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 Recorder, the portion of San Cayetano 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 Luna , seconded by Councilman Lerno , the foregoing resolution is hereby adopted in its entirety by the following roll-call vote : AYES : Councilmembers Carden, Clay, Lerno, Luna and Mayor Johnson NOES : None ABSENT: None DATE ADOPTED: March 25, 1997 CITY^ ' 7CADERO, CA L111 ' _- RAY JO NSO, , May r ATTEST: Kms. .. T��.-- MARCIA M. TORGERSON, Wity Clerk Resolution No. 2-97 Page 3 APPROVED AS TO FORM 1&'61 , 1 sql Y A. HAN EY, f ity Attorney PREPARED BY: EVEN L. DECAMP, Acting Community Development Director ATTACHMENT A .,` CITY OF ATA.SCADERO LOCATION/ZONING MAP ; .. .. RA 96002 COMMUNITY DEVELOPMENT DEPARTMENT `Y L(FH) 1 i 0 \ r/ rr r/ LJ Nps s� S/ rE -rPlv\ C9soo \ S \ 'P`O ��A0 S,ti f� OS 0` C� Pp I � 000064