HomeMy WebLinkAboutResolution 1998-017 RESOLUTION NO. 1998-017
A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
SUMMARILY VACATING A PORTION OF LA LINIA AVENUE PURSUANT TO
STREET AND HIGHWAYS CODE; PART 3,PUBLIC STREETS,HIGHWAYS AND
SERVICE EASEMENTS VACATION LAW; CHAPTER 4, SUMMARY VACATION.
(RA#98001: Chalk Mountain Village Assoc.; Bunnell)
WHEREAS, Streets and Highways Code 8330 permits summary vacation of 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 La Linia Avenue right-of-way, as shown on the attached
Exhibit, has been superseded by relocation and has been impassable for vehicular travel for at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 La Linia Avenue right-of-way will not
eliminate access to any person's property; and which prior to relocation adjoined the street or
highway to be vacated; and
WHEREAS, the vacation of this portion of the La Linia Avenue 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 City Council held a Public Hearing on October 30, 1990 and approved
Tentative Tract Map 21-89 with a condition to abandon this portion of La Linia Avenue; and
WHEREAS,the Planning Commission of the City of Atascadero conducted a public
hearing on the subject amendment on April 7, 1998 and pursuant to Government Code 65402 has
recommended to the Council this portion of La Linia 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.
NOW, THEREFORE,the Council of the City of Atascadero finds as follows:
1. The proposed vacation of this portion of the La Linia Avenue right-of-way,
superseded by relocation, is consistent with the General Plan.
2. The portion of the La Linia Avenue right-of-way to be abandoned, now superseded by
relocation, is not suitable as a non-motorized transportation facility.
Resolution No. 1998-017
Page 2
3. The Council now summarily vacates, pursuant to Streets and Highways Code, Part 3,
Chapter 4, 8330,that portion of the La Linia Avenue 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 La Linia Avenue 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 Council Member Luna and seconded by Council Member Clay, the
foregoing resolution is hereby adopted in its entirety by the following roll call vote:
AYES: Council Members Clay, Johnson, Lerno, Luna and Mayor Carden
NOES: None
ABSENT: None
DATE ADOPTED: April 14, 1998
CITY OF C DE O, C
AROLD L. RDE II , M yor
ATTEST:
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MARCIA M. TORGERSO , City Clerk
APPROVED AS TFORM:
L'a,
ROY HANLE , City Porney
14,,' .�.I.?: "' C OF 1'l1riSCADEItO EXHIBIT A
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