HomeMy WebLinkAboutResolution 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
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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.
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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)
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