HomeMy WebLinkAboutResolution 1999-016 RESOLUTION NO. 1999-016
A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
SUMMARILY VACATING A PORTION OF A ROAD PURSUANT TO STREETS
AND HIGHWAYS CODE; PART 3,PUBLIC STREETS,HIGHWAYS AND SERVICE
EASEMENTS VACATION LAW; CHAPTER 4, SUMMARY VACATION.
(ROAD ABANDONMENT#98004)
WHEREAS, Streets and Highways Code 8330 permits summary vacation of a street or
highway by adoption of a summary vacation; and
WHEREAS, the portion of the San Palo Road right-of way, as shown on the attached
Exhibit, is an excess right-of-way of a street or highway not required for street or highway
purposes; and
WHEREAS, the vacation of a portion of the San Palo Road right-of-way will not work to
cut off access to any person's property which,prior to relocation or vacation, adjoined the street
or highway to be vacated; and
WHEREAS, the vacation of this portion of San Palo Road right-of-way will not affect
any in-place, in-use public utility facility or will not terminate a public service easement; and
WHEREAS, an Initial Study was conducted which indicates the proposed road
abandonment will 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, barring any new information to the contrary, is adequate under the
California Environmental Quality Act(CEQA); and
WHEREAS, the Planning Commission conducted a public hearing on the proposed Road
Abandonment application on February 16, 1999 and pursuant to Government Code 65402 has
recommended to the Council this portion of San Palo 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 takes the following actions:
1. Based upon the above findings, the Council now finds and declares the San Palo Road
right-of way to be unuseable as a non-motorized transportation facility, or that
adequate easements have been retained for such purposes.
2. Based upon the above findings,the Council now finds and declares the proposed
vacation of the San Palo Road right-of-way to be in conformance with the City's
General Plan.
Atascadero City Council
Resolution 1999-016
6000 and 6005 San Palo road
Page 2
3. The Council now summarily vacates, pursuant to Streets and Highways Code, Part 3,
Chapter 4, a portion of the San Palo Road right-of-way as shown on the attached
Exhibits subject to the following conditions of approval:
a. All public improvements shall be constructed in conformance with the City of
Atascadero Engineering Department Standard Specifications and Drawings or as
directed by the City Engineer.
b. A six (6) foot Public Utility Easement(PUE) shall be provided contiguous to all
street frontages.
C. The applicant shall be responsible for the relocation and/or alteration of existing
utilities. The applicant shall install all new utilities underground.
d. A slope maintenance easement shall be provided on west side of the right-of-way
as needed to maintain cot or fill slopes.
e. The applicant shall have the map reviewed by all applicable public and private
utility companies (cable,telephone, gas, electric, Atascadero Mutual Water
Company). The applicant shall obtain a letter from each utility company which
indicates their review of the map. The letter shall identify any new easements
which may be required by the utility company.
f. The applicant should submit, and demonstrate that there are no existing
improvements within the portion of the offer of dedication to be abandoned.
g. A street width of twenty-five (25') feet from the centerline of existing road (San
Palo Rd.) shall be retained on behalf of the City for public road purposes.
h. As part of the abandonment procedure,the City shall retain a storm drain
easement and public utility easement covering the right-of-way. A metes and
bounds description shall be prepared and found acceptable. This shall be shown
on the document to be recorded.
i. The property owner shall indemnify and hold harmless the City from claims that
may arise from the abandonment procedure. This agreement shall be reviewed
and found acceptable by the city attorney.
Atascadero City Council
Resolution 1999-016
6000 and 6005 San Palo road
Page 3
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 Arrambide, Clay, Luna and Mayor Johnson
NOES: None
ABSENT: Council Member Lerno abstained
ADOPTED: March 9, 1999
CIT T7ADhRO, CA
JO S , May r
ATTEST:
I
MARCIA MCCLURE TORGERS , City Clerk
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