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Home My WebLink AboutResolution 2018-058RESOLUTION NO. 2018-058 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, FINDING AND DETERMINING THAT PORTIONS OF MERCEDES AVENUE RIGHT -OF -WAY AND DEL RIO AVENUE RIGHT -OF -WAY ARE UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING THEIR SUMMARY VACATION WHEREAS, Property owners of 5147 Traffic Way, 5205 Traffic Way, and 6155 Via Avenue have made a request to the City to consider vacating adjacent undeveloped rights -of -way of Mecedes Avenue and Del Rio Avenue; and WHEREAS, Other undeveloped portions of Mercedes Avenue and Del Rio Avenue were previously vacated, whereby leaving the rights -of -way under consideration for summary vacation as non - contiguous remnants or unnecessary undeveloped rights -of -way; and WHEREAS, Mercedes Avenue and Del Rio Avenue rights -of -way are undeveloped and are unnecessary for present or prospective public streets purposes; and WHEREAS, A determination has been made that the proposed right -of -way vacation is exempt from environmental review in accordance with Section 15301 (Existing Facilities) and Section 15304 (Minor Alterations to Land) of the California Environmental Quality Act (CEQA) and the City of Atascadero's Local Procedures for implementing CEQA; and WHEREAS, On June 5, 2018, the Planning Commission duly held a public hearing to consider the abandonment of a portion Mercedes Avenue and Del Rio Avenue, described in Exhibit A and shown on Exhibit B; and WHEREAS, On June -5, 2018, the Planning Commission passed PC Resolution 2018 -A, finding that said abandonment is consistent with the City's General Plan anand` *6 mends the City Council summarily vacate portions of Mercedes Avenue and Del Rio Avenue; an& - r WHEREAS, On June 26, 2018, the City Council conducted-a public hearing where they considered testimony prior to considering summarily vacating portions of Mercedes Avenge and Del Rio Avenue. NOW, THEREFORE BE IT RESOLVED, by the City Cou icir- or the City of Atascadero: SECTION 1. The City Council hereby finds determines the above recitals to be true and correct. SECTION 2. The Council finds that said rights -of -way have never been improved and have been impassable for vehicular travel for a period of five consecutive years and no public funds have been expended for maintenance on the subject rights -of -way during such period. City of Atascadero Resolution No. 2018 -058 Page 2 of 4 SECTION 3. Pursuant to Section 8300 et seq. of the California Streets and Highways Code and a finding of General Plan consistency, this Council finds and determines that a portion of Mercedes Avenue and Del Rio Avenue, as shown the Map of Atascadero Colony, in the City of Atascadero, County of San Luis Obispo, State of California as recorded in Book 4 of Maps at Page 9, in the Office of the County Recorder of said County, and containing approximately 13,920 square feet and 23,000 respectively, more particularly described in Exhibit A and shown on Exhibit B attached hereto and incorporated herein by this reference, is not necessary for present or future public street purposes. SECTION 4. The City Council herby orders said portions of Mercedes Avenue & Del Rio Avenue to be summarily vacated. SECTION 5. The City Clerk shall cause a certified copy of this Resolution of Summary Vacation, duly attested under the seal of the City, to be recorded in the Office of the San Luis Obispo County Recorder. PASSED AND ADOPTED at a regular meeting of the City Council held on the 26th day of June, 2018. On motion by Mayor O'Malley and seconded by Council Member Moreno the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Moreno, Sturtevant, and Mayor O'Malley NOES: None ABSENT: Council Member Bourbeau ABSTAIN: Mayor Pro Tem Fonzi I-- - - . -1 APPRO ED FORM: Brian Pierik, ity Attorney TAS_CADERO Tom O'Wley, Mayor 1 n 5 City of Atascadero Resolution No. 2018 -058 Page 3 of 4 Exhibit A LEGAL DESCRIPTION All that: part of Merredes Avenue and Oei Rio Avenue in the CitV rdf lAffsedd erta, Coun y cif Sail Wl; Obispo, wtuta of California, according ro the two mums; filed In Rook 4 cif ivlans,. at Pzge 9, and at Page 69, in the Office of the County Recorder of said County.(said naps hereinafter raferrod to as 4-MB-:9 and 4- MB =69, respectively), being more particut:irly 00-scribecd.and boundrud as follows: MERCEDES AVENUE,, All that portion cif Mercede °a Avenue. a 40 Root w1de road, adjoining.taT 2,of Biocit L of Ahscadero as said read, Lat, and Block are sliawn on 4 -W -9; being bounded sun the sautheasL by the cu:ntedine of Dal Elio Live ;rue, a 40 fool wide road, as.per said niaps;.and hounded on the nurthwesf,hy, and adjoining here.ylth, the southeaslerly limit and hottncl�,ry of thatportlon of said )Mercedes Avenue previaus�ly v,,rcaWd pmoanr, to the City:af Utz �`adctra Resolution NO. 85-89 adopted Febmary 1.3.19 0 and recorded August 16, 1990 as Document No. 559€12 fn Volume 3561.of Offietal Record -, Page 7541, in the Office of the County'Pecvrder of said County. DErL. RIO AVENUL All that Euarticm of Del Bits Avenue. a 40 lout avid. ,, roiid, i divifning Wj land i.at 2 of alj Eilaek.l. oaf tltasr-adero and also; adjolning Lot 16 of A rninistmilnn i arric of Atasoderra, as mid resad: Lots, and Rlocks are skov n an 47iylD-9 and t- 118 -69; aeingbounded on the northeast by the southeasterly prolorrl;a.Ilun of the 5outhwestcrly right of Vfay line of the ofurernenponed ivIercedes Avenue, a'40 foat +aids.= road. as salty right of way lint; adjoins and intercannects'said Qlock L and salt# Admiriirt'raUon Park as per Bald raps: and bounded on thLt southwest bbl the southerly prulangation of (lie easterly ripllt of way Irne ut Traffic Way, a 60 (out wide road. as said right of wily adjoins arld interroimects said Blurl<.L and said AdrrllnistrMlon Park as Per Said Maps; 4XCfP7)N,a lherefroru that, portion of said Bel ilia Avenue lying southeasterly of Lhe centerline of said Del Rio Avenue and Ivian nertheastefly of the centerilne apt the railroad "Spur tack" tilat crpsscs said De; Rio Avenue raid sa Id Lot 16. $;said "spur track,"'-Is described and delineated our the R!mord of Survey map tiled TA9V 33, 1957 0 6orrk 8 cif Licensed Surveys, Page 71, in the Office of Lhe County Recorder of said County, and gusto Is depicted as Lhe westerly boundety of. the {carrel of larrd rjuScrlhed in bits diratot [iced to Vivian vc tter dated Citawhdr 20,2016 and rernrrled October 2 1, 2016 as Document lag._ 2016 - 056566 of Off idal Recbrds in said Office of [lie County Recorder. The aboue described portions of Nlercedei Avenue and Del files Avencre are graphlcallyshown ors EkltiE31t "83 attpttyed hereto and made a part h rei)f. ENO DESC€tltrPON This legal description was-prepared by rtit at under any direction In curofttrmanee'with Lhe re -3qui rernen . flte4and urveVor's Act. 0S�9 Wm. E. Touchup L5.4845 Dal), +� �ouaaot� �. a � ,� Ne. +FudtiS Exa. aott3jrotr �?��fi Gf�t -�� City of Atascadero Resolution No. 2098 -058 Page 4 of 4 Exhibit "B" PD�`1�l� ti t 0 ,q D o VACA IT ED PERE35611-OR -754. [wnHCt BATCHED BORDER] /�'T T-t 1�,,, f fly $Y LOT 3 0 SLOCK L ry \ Ct o d) 1 LOT 2 BLOCK L 4 -MB- -9 PORTION OF � MERCEDES AVE. DESCRIBED W EMBIP "A" [CROSS - HATCH] BLOCK L LOT BLOCK L 4 -Me- -s PORTION OF DEL RIO AVE. DESCRIBED IN EXHIBIT "A" [SINGLE - HATCH) TisIN CITIES SURVEYING INC. TEMPtEMN, CRIIFORNA JN 71018 � f � rAV I F, q U 19 40 ,A, bO �s 100' U too' SCALE; F-100' — CENNRLINE DEL RIO AVE. RAILROAD 'SPUR TRACK' CENTERLINE PER 8 -L5 -71 �`a r� \ L OT 16 ADMJNI5*TRA-rJ0N PARK 4- -M9 -69 W 2 t� EASTERLY R/W (TRAFRC WAY) 11