HomeMy WebLinkAboutResolution 1998-049 RESOLUTION NO. 1998-049
A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING
THE ABANDONMENT OF THE EASTERLY 550 FEET OF TECOLOTE ROAD
(RA#98001: Davis)
WHEREAS,the applicant has filed a Road Abandonment application requesting that the
City abandon the easterly 550 feet of Tecolote Road; and
WHEREAS,the abandonment would allow the applicant to fence the property and
thereby prevent unauthorized access to the area and the illegal dumping and other undesirable
activities which have occurred because of that access; and
WHEREAS, the portion of the Tecolote Road right-of-way proposed for abandonment
serves only vacant property owned by the applicant, does not continue through said ownership to
serve another and is considered excess right-of-way not required for public street purposes. The
abandonment is therefore consistent with, and allowed under, the abandonment procedures
contained in Section 8334 of the CA Streets and Highways Code; and
WHEREAS, an Initial Study was conducted which indicates the proposed road
abandonment would not have a significant effect on the environment; and
WHEREAS, a Draft Negative Declaration has therefore been prepared and posted for the
proposed abandonment which is adequate under the California Environmental Quality Act
(CEQA); and
WHEREAS; the Planning Commission of the City of Atascadero considered the proposed
abandonment at a public hearing held October 20, 1998;
WHEREAS,the proposed abandonment has been determined by the Planning
Commission to be consistent with the General Plan pursuant to Government Code Section
65402. The Circulation Element does not depict Tecolote Road as road that should be improved,
extended or needed for any other public purpose; and
WHEREAS, upon recordation of this Resolution,the right-of-way shown on Exhibit A
hereto shall no longer constitute a public street right-of-way. The applicant will be required to
indemnify and hold the City harmless from claims that may arise from the abandonment
procedure, and comply with other Conditions of Approval contained in Exhibit B hereto.
City of Ataseadero
Resolution No. 1998-049
Page 2
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Atascadero does hereby approve Road Abandonment#98001 as shown by Exhibit A and based
on the Conditions of Approval contained in Exhibit B.
On motion by Council Member Clay and seconded by Mayor Pro Tem Johnson, 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
ADOPTED: November 10, 1998
CITY OF ATASCADEJW, CA
AROLD L. A EN Ilf, Mayor
ATTEST:
Aul I d/
MARCIA MCCLURE TORGERSO , City Clerk
APPROVED AS TO FORM:
a, I&jNz
ROY HANLEY, City Att rney
Exhibit A
Exp Resolution No. 1998-049
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EXHIBIT B
Resolution No. 1998-049
Conditions of Approval for Road Abandonment#98001
1. The extent of the abandonment shall be limited to the easterly 550 feet+/-of
Tecolote Road, as generally shown by Exhibit A hereto.
2. Prior to, or in conjunction with,the recordation of the abandonment,the applicant
shall record an indemnity agreement holding the City harmless from any claims
that may arise from the abandonment procedure.. The agreement shall be
reviewed and approved by the City Attorney prior to its recordation.
3. The applicant shall provide easements for all existing public utilities and
waterlines within the segment of Tecolote Road to be abandoned. In addition,the
applicant shall allow the Fire Department to place their own lock on the gate so
that they can continue to access the area and the existing fire hydrant located
within said segment of Tecolote Road to be abandoned.