Loading...
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 L( H) jc, - RSzZLt � A^r� iSAMSA YTA IT OA S s� L(FH) �ro A E A ABANi�or1E� OAp �\ Y� \LLA Obv O •fL Yti SA s TA_ - R S L(FH) / O \`�� %✓ A 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.