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Home My WebLink About2019-055835 2019055835 Tommy Gong San Luis' Obispo - County Clerk-Recorder Complimentary Recording . 12/12/2019 04:57 PM Requested Pursuant to Government PUBLICdd at the request of Code Sections 6io3 and 27383 Titles: 1 Pages: 9 Fees: $0.00 RECORDING REQUESTED BY Total: $0.00 AND WHEN RECORDED MAIL TO 'III WERIPERREI City Clerk City of Arroyo Grande 30o East Branch Street Arroyo Grande, California 9342o RESOLUTION NO. 4951 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE SUMMARILY VACATING A PORTION OF PUBLIC UTILITY EASEMENT AT 1271 JAMES WAY RESOLUTION NO. 4951 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE SUMMARILY VACATING A PORTION OF PUBLIC UTILITY, EASEMENT AT 1271 JAMES WAY WHEREAS, Chapter 4 of the Public Streets, Highways and Services Easements Vacation Law, commencing with Streets and Highways Code section 8330, provides for summary vacation of streets and public service easements; and WHEREAS, the subject public utility easement (the "Easement") is a forty-foot (40') easement that runs across Parcels 1, 2 and 3 of the property located at 1271 James Way, and is described and depicted in Exhibits "A," "B," "C-1," and "C-2," respectively, which are attached hereto and incorporated herein by this reference; and WHEREAS, Section 8333 of the Streets and Highways Code authorizes the City Council to summarily vacate a public service easement when it has been determined to be excess by the easement holder, and there are no other public facilities within the easement. WHEREAS, the Easement is not needed for public utility purposes and there are no utilities or public improvements located within the portion to be vacated; and WHEREAS, the vacation of excess right-of-way is categorically exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 11 California Code of Regulations Section 15305. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Arroyo Grande hereby: 1. Determines that the subject Easement is a forty-foot (40') wide public utility easement located at 1271 James Way. 2. Determines that the Easement is excess and is not required for public utility purposes and there are no public facilities located within the Easement. 3. Determines that the public convenience and necessity do not require reservation of this portion of the Easement. 4. Based on the findings set forth in this Resolution and the provisions of Sections 8333 of the Streets and Highways Code, the City Council does hereby order that the Easement, as described and depicted in Exhibits A, B, C-1 and C-2, respectively, shall be and hereby is summarily vacated. 5. Authorizes and directs the City Clerk to cause a certified copy of this Resolution to be recorded in the Office of the County Recorder of San Luis Obispo County. RESOLUTION NO. 4951 PAGE 2 On motion of Council Member Storton, seconded by Council Member Barneich, and on the following roll call vote, to wit: AYES: Council Members Storton, Barneich, Paulding, George, and Mayor Ray Russom NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 26th day of November, 2019. RESOLUTION NO. 11451 PAGE.3' 40 CAREN R: dfr-S OM, MAYOR. ATTEST: - or , Riahawv____ KELLY ; AM® -.E; CITY CLERK APPROVED AS TO'CONTENT: lik JAMES AZ . N, CITY MANAGER APPROVED AS TO FORM: TIMO Y J CA - L CITY ATTORNEY COPY CERTIFICATION I, JESSICA MATSON, Deputy City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 4951 is a true, full, and correct copy of said Resolution passed and adopted at a Regular meeting of the City Council of the City of Arroyo Grande on the 26th day of November, 2019. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 1lth day of December, 2019. SSICA MATSON, DEPUTY CITY CLERK Exhibit"A" Legal Description for Parcel that contains portion of PUE/City Easement to be Vacated Parcel A of Parcel Map No.AG 79-838, in the City of Arroyo Grande, County of San Luis Obispo, State of California,per map recorded January 29, 1982 in Book 31, Page 47 of Parcel Maps, in the office of the County Recorder of said County. TOGETHER WITH Parcel 3 of Parcel Map AG 82-35, in the City of Arroyo Grande, County of San Luis Obispo, State of California, per map filed June 25, 1982 in Book 32 of Parcel Maps at Page 31 in the office of said County Recorder. EXCEPT THEREFROM the northwesterly 25.00 feet of said Parcel 3, This Legal Description is made pursuant to that certain certificate approving a Lot Line Adjustment, Certificate No 16-001 recorded July 23, 2019 as Instrument No. 2019-29358 of Official Records. Page 1 of 1 SAAR Jobs\2015 All Jobs\15446-Meadow Creek(Civil)-P13C115446 Meadowcreek Suivev\legal descriptions\legal descriptions for PUL abandonment.doca Exhibit"B" Legal Description for Portion of PUE/City Easement to be Vacated. A 40-foot wide strip of land, lying within Parcel 1 of Lot Line Adjustment AGAL 16-0147, in the City of Arroyo Grande, County of San Luis Obispo, State of California per Certificate of Lot Line Adjustment Case No. 16-001 recorded July 23, 2019 as Instrument No. 2019-29358 of Official Records, filed in the office of the said County Recorder. Said strip of land reserved as a blanket easement for public utility purposes, across the private roads delineated on Parcel Map No AG 79-838, in the City of Arroyo Grande, County of San Luis Obispo, State of California, per map recorded January 29, 1982 in Book 31, Page 47 of Parcel Maps, in the office of the County Recorder of said County, and further described in document entitled"Abandonment of Old Easements and Grant of New Easements Appurtenant"recorded May 3, 1990 as Doc No. 1990-27700 in Volume 3498 , Pages 467 through 487, inclusive, of said Official Records. Containing: 4,375 square feet, more or less .ANP' Legal Description prepared by ss(e0 or under the supervision of: :10.28.2019 NOS. ts5e �P = Cristi E. Fry, LS 8356 (date) Note: Area graphically depicted on Exhibit C-1 Page 1 of 1 C`\l:;gnyte\Shared\Sun\AII Jobs't2015 All Jobs\15446-Meadow Creek(Civil)-PI3C11 c446 Meador+crock Survey\legal descriptions\legal descriptions for PUb abandonment docs EXHIBIT "C-1 " PUBLIC UTILITY EASEMENT ABANDONMENT JAMES WAY I PARCEL 2, AGAL 92-027, cn 1993-022994/4076 O.R. 423 O PUBLIC EASEMENT RESERVATION, N PER 31 PM 47 AND 3498 O.R. 467 0 N 0 PARCEL 1, o AG 95-108, 3 > 53 PM 41 PUBLIC UTILITY � L1.1 EASEMENT TO w __IREMAIN W \F? PARCEL 1 5coW m Y cia Q � _ .- _ � � _ AGAL 16-0147 o Y PL (TYP) \ m.< U N C 2019-029358 a) E PARCEL 2, r a % AG 95-108, PARCEL 2 6 53 PM 41 AGAL 16-0147 w 60 2019-029358 m 0 5 U Ai 0 0 3 O v m m m v st PARCEL 2, AG 82-35, 32 PM 31 U, s N a O c LEGEND G PROPOSED ABANDONMENT AsbIeyVance �/ AREA=4,375 S.F. +/- ENGINEERING, INC. g SCALE: 1" = 60' 10-28-2019 C) EXHIBIT "C-2" PUBLIC EASEMENTS TO REMAIN JAMES WAY 1 -- , 6' PUE I EASEMENT PER II 9 MAPS 39 10' PUBLIC WATER II EASEMENT PER 31 PM 47 I I I a I ori II a 0 10' PUBLIC SEWER N I EASEMENT PER 2415 O.R. 338 z II N U 3 Pueuc UN Ti I I EASEMENTTO REMAINIii w o — — — _ \ I PARCEL 1 I LOT 14 05 \ \ \ AGAL 16-0147 I 29 PM 79 co `-f_ 1 X \ o ai I PARCEL 2 \ \ AGAL 16-0147 I 2019-029358 2019-029358 s z //I I1 E 10' PUBLIC SEWER EASEMENT PER 31 PM 47 L. 6' PUBUC PEDESTRIAN EASEMENT o I I I I PER 2002-115332 6 oa o. s — r I I 10' PUBLIC WATER EASEMENT PER 32 PM 31 o (2.5' ix. III Iii I10' PUBLIC SEWER EASEMENT 1, I N PER 32 PM 31 I I PARCEL 2, ENVIRONMENTAL SETBACK AG 82-35, I EASEMENT PER 2019-032685 32 PM 31 a s zi N a 0 _ o i Ashley&Vance L Q �� ENGINEERING, INC. SCALE:11-4 1" = 60' 11-15-2019 END OF DOM 1MFN-r