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RESOLUTION NO. 2019-083
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, FINDING AND DETERMINING THAT A
PORTION OF SAN CAYETANO ROAD RIGHT-OF-WAY IS
UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET
PURPOSES AND ORDERING ITS SUMMARY VACATION
WHEREAS, Joseph and Claudia Berkman, property owners of 12215 Cenegal Road,
Atascadero, CA 93422 (APN 055-121-001) have made a request to the City to consider vacating
an undeveloped portion of right-of-way of San Cayetano Road that is located within their property
at 12215 Cenegal Road; and
WHEREAS, the San Cayetano Road right-of-way requested to be vacated is one-half of
the San Cayetano Road right -of way and is undeveloped and is unnecessary for present or
prospective public street purposes; and
WHEREAS, the other half of the San Cayetano Road right-of-way requested to be
vacated was previously abandoned as part of Oak Ridge Estates (3-F Meadows); and
WHEREAS, Atascadero Mutual Water Company takes no exception to the said
abandonment; and
WHEREAS, the Atascadero Fire Department takes no exception to the said abandonment;
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 October 1, 2019, the Planning Commission duly held a public hearing
to consider the abandonment of a portion of San Cayetano Road right-of-way, described in Exhibit
A and shown on Exhibit B attached hereto and incorporated herein by this reference; and
WHEREAS, on October 1, 2019, the Planning Commission passed PC Resolution 2019-A,
finding that this portion of San Cayetano Road right-of-way has been impassable for vehicular
travel for a period of five consecutive years, that no public funds have been expended for
maintenance on this right-of-way during such period, that said abandonment is^consistent with the
City's General Plan, and recommends the City Council summarilyXacat(_this pertion o$San
Cayetano Road right-of-way; and
WHEREAS, on November 12, 2019, the City Council conducted -a p0lic h;aring.where
they considered testimony prior to considering summarily vacating a portion -of -San Cayetano
Road right-of-way.
NOW, THEREFORE BE 1T RESOLVED, by the City Council of the City of
Atascadero:
City of Atascadero
Resolution No. 2019-083
Page 2 of 2
SECTION 1. The City Council hereby finds determines the above recitals to be true and
correct.
SECTION 2. The City Council finds that said San Cayetano Road right-of-way has never
been improved, has been impassable for vehicular travel for a period of five consecutive years and no
public funds have been expended for maintenance on the subject right-of-way during such period.
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 San Cayetano Road, as shown on the Map of Atascadero Colony, in the City of Atascadero,
County of San Luis Obispo, State of California as recorded in Book 3AC of Maps, Page 84, in the
Office of the County Recorder of said County, and 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 portion of San Cayetano Road right-of-
way 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 of the City of n
Atascadero, State of California, held on this 12th day of November. I I
On motion by Council Member Fonzi and seconded by Council Member Newsom, the foregoing
Resolution is hereby adopted in its entirety on the following roll call vote:
AYES: Council Members Bourbeau, Fonzi, Funk, Newsom and Mayor Moreno
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ATASCADER�
Heather Moreno, Mayor
APPROV ✓ - -$ (01F0RM:
� e�-
Brian Pierik, City Attorney
n
EXHIBIT "A"
Legal Description
All that portion of LOT 17 in Block 59 of Atascadero Colony, in the City of Atascadero, County of San Luis
Obispo, State of California, according to the Map filed for record October 21, 1914 in Book 3AC of Maps,
Page 84, in the office of the County Recorder of said County, more particularly described and bounded
as follows:
All that that portion of said LOT 17 within the right-of-way lines of San Cayetano Road, a 40 foot wide
road, as said lot and road are shown on said Map, EXCEPTING therefrom any portion thereof lying within
20 feet (measured radially) southeasterly of the centerline curve of Cenegal Road (formerly Puente
Road) as said centerline curve is shown and delineated on said Map.
The above described parcel of land is graphically shown on EXHIBIT "B" attached hereto and made a part
hereof.
SURVEYOR'S STATEMENT
This legal description was prepared by me or under my direct supervision in conformance with the
requirements of the LandSurveyor's Act.
Wm. E. Touchon Date
L.S. 4845
NORTHWESTERLY LIMIT LIES
20' DISTANT (RADIAL) FROM
CENTERLINE OF CENEGAL ROAD
\ CENTERLINE (R)
O
/0
774\
0
CENTERLINE (R)
B L O C K 5 8
ATASCADERO COLONY
3AC-MB - 82
A Portion BLOCK 59 of
ATASCADERO COLONY J3AC—MAP0-61l j
in the CITY of ATASCADERO,
COUNTY of SAN LUIS OBISPO,
STATE of CALIFORNIA
100' 50' 0 100'
SCALE. 1"=100'
WM. E. TOUCHON L.S.4845 DATE
B L O C K 5 7
ATASCADERO COLONY
SAC -MB -79
LOT 17
BLOCK 59
3AC-MB-84
20'(R) \
EXN�B�� P
PRFA `NP.�CNED,
LOT 16
BLOCK 59
OAC -MB -84
SOUTHEAST LIMIT;
SOUTHEAST BOUNDARY OF LOT 17 /
EXTENDED TO CENTERLINE AS PER (R)
LEGEND:
(R) = 3AC-MB-84
TWIN CITIES SURVEYING INC.
TEMPLETON, CALIFORNIA JN 18203