HomeMy WebLinkAboutR 5316 RESOLUTION NO. 5316
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE SUMMARILY VACATING A PORTION OF PUBLIC UTILITY
EASEMENT AT 1180 LINDA DRIVE
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 ten foot (10')
easement crossing northeasterly of Lot 2, Tract No.202, and is described and depicted in
Exhibits "A," "B," and "C" 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; and
WHEREAS, all utilities and public utilities with interests in the Easement area have
approved the summary vacation of the Easement, subject to a request by AT&T to only
approve vacating five feet (5') so that the remaining five feet (5') along the northerly
boundary of the existing Easement area may be reserved for future facilities. Therefore,
a five foot (5') portion of the ten foot (10') subject Easement is subject to vacation; and
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 State
CEQA Guidelines Section 15061(b)(3), as there is no possibility that the activity may have
a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Arroyo Grande:
1. Recitals. The City Council finds that the above recitals are true and correct and are
hereby incorporated herein.
2. Vacation of Easement. This Resolution is adopted pursuant to the summary
vacation procedures set forth in California Streets and Highways Code section
8330 et seq., as the portion of the Easement to be vacated is excess, not required
for public utility purposes, and there are no public facilities located within the
Easement area. A legal description and map of the portion of the Existing
Easement to be vacated are attached hereto as Exhibits "A," "B," and "C."
5. Effective Date of Vacation. The City Clerk is hereby authorized and directed to
cause a certified copy of this Resolution to be recorded in the Office of the County
RESOLUTION NO. 5316
PAGE 2
Recorder of San Luis Obispo County. Upon such recordation, the portion of the
Easement summarily vacated herewith shall no longer be considered a public
utility easement.
On motion of Council Member Barneich, seconded by Council Member George, and by
the following roll call vote, to wit:
AYES: Council Members Barneich, George, Guthrie, Secrest, and Mayor Ray Russom
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 22nd day of August, 2023.
RESOLUTION NO.
PAGE 3
OP
CAREN RAY '•USSO , MAYOR
ATTEST:
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JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
BILL ROBESON, INTERIM CITY MANAGER
APPROVED AS TO FORM:
7.
ISAAC ROSEN, CITY ATTORNEY
EXHIBIT"A"
GRANTEE'S PROPERTY
(APN 077-231-002)
Legal Description
The land referred to herein below is situated in the City of Arroyo Grande, County of San Luis Obispo,
State of California and is described as follows;
Lot 2, Tract No. 202 in the City of Arroyo Grande, County of San Luis Obispo, State of California
according to the map filed July 17, 1961, in Book 6, Page 57 of Maps, records of said County.
EXHIBIT"B"
LEGAL DESCRIPTION
Area of P.U.E. to be Vacated
That portion of the Public Utility Easement(P.U.E.) designated as crossing the northeasterly 10.00 feet
of Lot 2, Tract No. 202 in the City of Arroyo Grande, County of San Luis Obispo, State of California
according to the map filed July 17, 1961, in Book 6, Page 57 of Maps, records of said County,
described as follows;
The Southwesterly 5.00 feet of the Northeasterly 10.00 feet of said Lot 2.
The above described property is shown graphically on Exhibit "C" attached hereto and incorporated
herein.
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Leonard Lenger, LS 3877 N S• 3377
FLAT OF P. U. E. TO BE VACATED
Lot I
25.00' R (APN 077-2.31-001)
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R Tract No. 202 (6- 4B-57)
OFFICIAL CERTIFICATION
I, JESSICA MATSON, 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. 5316 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 22nd day of August, 2023.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 24th day of
August, 2023.
SSICA MATSON, CITY CLERK