HomeMy WebLinkAboutResolution 24-97 RESOLUTION NO. 24-97
A RESOLUTION OF THE COUNCIL OF THE CITY OF
ATASCADERO SUMMARILY VACATING A PORTION OF VISTA BONITA AVE.
PURSUANT TO STREET AND HIGHWAYS CODE; PART 3, PUBLIC STREETS,
HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW; CHAPTER 4, SUMMARY
VACATION. (RA #96003: Frederick - Ptn. Vista Bonita Ave. )
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 Vista Bonita Ave . 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 Vista Bonita
Ave. 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 Vista Bonita
Ave. 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 April 15,
1997 and pursuant to Government Code 65402 has recommended to the
Council that the vacation of this portion of the Vista Bonita
Ave . 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 Vista Bonita Ave. 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 Vista
Bonita Ave. right-of-way is consistent with the General
Plan.
2 . The portion of the Vista Bonita Ave . right-of-way to be
abandoned is not suitable as a non-motorized
transportation facility.
Resolution No. 24-97
Page 2
3 . The Council now summarily vacates, pursuant to Streets
and Highways Code, Part 3, Chapter 4, 8330, that
portion of the Vista Bonita Ave. 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
the Vista Bonita Ave. 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 Councilmember Luna and seconded by Council-
member Carden , 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: May 13, 1997
4JONSr
ADERO, CA
M or
ATTEST:
MARCIA M. TORGERSON, #ity Clerk
Resolution No. 24-97
Page 3
APPROVED AS TO FORM:
ROYA ANLEY, Cit Attorney
PREPA D BY:
STEVEN L. DECAMP, Acting Community Development Director
RESOLUTION NO. 241-97 EXHIBIT A
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