HomeMy WebLinkAboutR 5336 RESOLUTION NO. 5336
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
ORDERING THE SUMMARY VACATION OF A PUBLIC UTILITY EASEMENT,
ACCEPTING A GRANT OF A SANITARY SEWER EASEMENT AT 605 EMAN
COURT, AND MAKING A CEQA DETERMINATION REGARDING THE SAME
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 "PUE") to be vacated is a ten
foot wide (10') easement at the rear and eastern perimeter of Lot 7, Parcel B, Tract
Map 100 described in Exhibit "A-2", a copy of which is attached hereto and
incorporated herein by this reference.
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 with interests in the PUE area have approved the summary
vacation of the PUE; and
WHEREAS, the PUE 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 owners of the real property located at 605 Eman Court, Arroyo
Grande, CA desire to grant to the City a sanitary sewer easement in connection
with the development of their property; and
WHEREAS, the City desires to accept the sanitary sewer easement for sewer
line installation and maintenance purposes, as described and depicted in Exhibit
"A-1" and "B", which is attached hereto and incorporated herein by this reference;
and
NOW, THEREFORE, the City Council of the City of Arroyo Grande does hereby
resolve as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein by
reference.
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 PUE to be vacated is excess, not required for
public utility purposes, and there are no public facilities located within
RESOLUTION NO. 5336
PAGE 2
the PUE area. The PUE area to be vacated is described and depicted in Exhibits "C",
and "B", copies of which are attached hereto and incorporated herein by this
reference.
4. Acceptance of Easement. The City Council of the City of Arroyo Grande hereby
accepts the grant of a sanitary sewer easement legally described in the Grant of a
Sanitary Sewer Easement for the property described and depicted in Exhibits "A-1"
and "B", a copy of which is attached hereto and incorporated herein by this reference,
and authorizes execution of said Grant of a Sanitary Sewer Easement, a copy of
which is attached hereto in Exhibit "D" and incorporated herein by this reference.
5. Certificate of Acceptance. The Certificate of Acceptance attached in Exhibit "E" is
hereby approved and this Resolution serves as the Resolution of
Acceptance as required by Government Code Section 27281 . The City Manager is
hereby authorized and directed to execute the Certificate of Acceptance on behalf of
the City.
6. Certification and Recordation. The City Clerk shall certify to the adoption of this
Resolution and cause the Grant of a Sanitary Sewer Easement, along with the
Certificate of Acceptance, to be recorded in San Luis Obispo County's Office of the
Clerk-Recorder.
7. Environmental Review. The City Council hereby determines that the summary
vacation of the PUE and acceptance of a sanitary sewer easement is not a project
subject to the California Environmental Quality Act ("CEQA") because it has no
potential to result in either a direct, or reasonably foreseeable indirect, physical change
in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)
Alternatively, the acceptance of a sanitary sewer easement and summary vacation of
the PUE is exempt from CEQA on the basis that it can be seen with certainty that there
is no possibility that the activity in question may have a significant effect on the
environment. (State CEQA Guidelines, § 15061, subd. (b)(3).)
8. Effective Date. This Resolution shall take effect upon adoption.
On motion by Council Member George, seconded by Council Member Guthrie, and by
the following roll call vote to wit:
AYES: Council Members George, Guthrie, Secrest, and Barneich
NOES: None
ABSENT: Mayor Ray Russom
the foregoing Ordinance was adopted this 28th day of November, 2023.
RESOLUTION NO.
PAGE 3
"AP
- .- / , ' I i / Vijkl,IV
CAREN -AY RUSSOM, MAYOR N-OtAk-
ATTEST:
J SSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
BILL ROBE ERIM CITY MANAGER
APPROVED AS TO FORM:
ISAAC O ,4/J/7(m,-
, ATTORNEY
E7l.ilIUT A -1
Legal Description
SANITARY SEWER EASEMENT
A portion of Lot 7 in Block 2 of Tract 100 in the City of Arroyo Grande, County of San
Luis Obispo, State of California according to Map Book 6, Page 37 records of said
County and a portion of lot 107 of Parts of the Ranchos Corral De Piedra, Pismo and
Bolsa De Olemisal, in the City of Arroyo Grande, County of San Luis Obispo, State of
California according to map recorded in Book A of Maps at page 65 records of said
Count, being also a portion of the property described as Parcel B in Certificate of
Compliance recorded August 16, 2004 as Instrument No. 2004-072748 of Offioal
Records of said County, said portion described as follows:
A strip of land of the uniform width of 10.00 feet lying 5.00 feet on each side of the
following described centerline:
Commencing at the Northerly corner common to Lot 6 in said Block 2 of Tract 100 and
said Parcel 6 in Certificate of Compliance recorded August 16, 2004 as Instrument No.
2004-072748; thence Southerly along the line between said lots,
1) South 06 13' 00" East a distance of 90.92 feet to the True Point of Beginning;
thence leaving said line,
2) South 42u 35' 40" East 106.65 feet to the South line of aforementioned Parcel B
and the Point of Terminus which bears North 89° 47' East, 71.88 feet from the
Southwest corner of said Parcel B;
The sidelines of the above-described parcel shall be lengthened and/or shortened to
intersect adjacent course sidelines and property boundaries.
The above-described panel is graphically shown on Exhibit E3 attached hereto and
made a part hereof. / q`
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Exhibit A-2
Parcel B:
Lot 7 in Block 2 of Tract No. 100 and that portion of Lot 107 of parts of the Ranchos Corral de
Piedra,Pismo and Bolsa de Chemisal, in the City of Arroyo Grande,County of San Luis Obispo,
State of California, according to the maps filed in Book 6 of Maps Page 37 and Book A of Maps
Page 65 respectively,in the office of the County Recorder of said County,described as follows:
Beginning at the point of intersection of the northerly line of said Lot 107 of James T.Stratton's
Map of parts of the Ranchos Corral de Piedra,Pismo and Bolsa de Chemisal,according to the
map filed for record in Book A,Page 65 of Maps,in the office of the County Recorder of said
County, with the easterly line of Alpine Street extension, as conveyed to the City of Arroyo
Grande,by deed dated September 13,1946 and recorded October 4, 1946 in Book 424, Page 221 of
Official Records, at a found 2 inch Brass Cap with tag marked RE 4388; thence North 89°47'00"
East,along the northerly line of said Lot 107,a distance of 466.08 feet to the westerly line of said
Lot 7 and the True Point of Beginning; thence South 00°13'00" East,a distance of 62.50 feet to the
southerly line of the land described in the grant deed to Wade Hoon and Carol Maria Hoon as
recorded in Doc. #2003-035370 of Official Records of said County; thence North 89°47'00" East,
along said southerly line,to the easterly line of the property conveyed to Jackson W.Ruhl and
wife,by deed dated June 14,1938 and recorded October 3, 1939 in Book 266,Page 131 of Official
Records of said County; thence North 30°04'00"West along said easterly line to said northerly
line of Lot 107, said point also being the southeast corner of said Lot 7 in Block 2 of Tract No.100;
thence North 06°06'02"East,along the easterly line of said Lot 7,a distance of 54.11 feet; thence
North 56°11'00"West,along the northeasterly line of said Lot 7,a distance of 155.81 feet to the
northerly line of said Lot 7; thence South 89°4700"West,along said northerly line,a distance of
154.06 feet to the westerly line of said Lot 7 and the beginning of a non-tangent curve concave to
the northwest and having a radius of 40.00 feet and a central angle of 57°37'36"; thence along said
westerly line and along said curve,a distance of 40.23 feet; thence leaving said curve South
00°13'00"East,along said westerly line of Lot 7,a distance of 107.20 feet to the True Point of
Beginning.
Containing 1.29 Ac,more or less.
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805-594-1960 September 5, 2023 JOB #23-066
EXHIBIT C
Legal Description
Area of P.U.E. to be Vacated
A portion of Lot 7 in Block 2 of Tract 100 in the City of Arroyo Grande, County of San
Luis Obispo, State of California according to Map Book 6, Page 37 records of said
County and a portion of lot 107 of Parts of the Ranchos Corral De Piedra, Pismo and
Bolsa De Chemisal, in the City of Arroyo Grande, County of San Luis Obispo, State of
California according to map recorded in Book A of Maps at page 65 records of said
Count, being also a portion of the property described as Parcel B in Certificate of
Compliance recorded August 16, 2004 as Instrument No. 2004-072748 of Official
Records of said County, said portion described as follows:
The Southerly 10.00 feet of said Lot 7 being a strip of land of the uniform width of
10.00 feet depicted on said map of Tract 100 as "10' DRAINAGE & PUB. UTILITY EASE."
The above-described parcel is graphically shown on Exhibit B attached hereto and
made a part hereof.
= ONPL LAND _N
f'&(MICHAEL B.
* STANTON *
PLS 5702
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Exhibit D
RECORDING REQUESTED BY
WHEN RECORDED RETURN TO:
City Clerk
City of Arroyo Grande
300 East Branch Street
Arroyo Grande,CA 93420 FOR RECORDER'S USE ONLY
NO RECORDING FEE-PUBLIC AGENCY-GC§§6103,27383
APN: 006-581-059
THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO
SECTION 11922 OF THE CALIFORNIA REVENUE AND TAXATION CODE. THIS DOCUMENT IS EXEMPT
FROM RECORDING FEES PURSUANT TO SECTIONS 6103 and 27383 OF THE CALIFORNIA
GOVERNMENT CODE.
GRANT OF SANITARY SEWER EASEMENT •
For valuable consideration, receipt of which is hereby acknowledged, Kevin Buchanan (referred to
herein as "Grantor") hereby grants to the City of Arroyo Grande, a municipal corporation,within
the County of San Luis Obispo, State of California,and its successors and assigns(referred to herein
as "Grantee"), a sanitary sewer easement, in,on,over, under, upon, along, and through that certain
real property described and depicted on Exhibits"A-1" and "B,"attached hereto and incorporated
herein by this reference (referred to herein as the"Sewer Easement Area"),together with the right
to forever install, operate, maintain, improve, inspect, repair, and replace,the underground
sanitary sewer facilities,along with any appurtenances and incidental uses("Sewer Easement").
The Sewer Easement Area is an area ten (10)feet in width consisting of five(5)feet on either side
of the line as described in Exhibit "A-1".
The Sewer Easement and Sewer Easement Area will be located on that certain real property
situated in the County of San Luis Obispo, State of California more fully described in Exhibit "A-2"
("Property") attached hereto and incorporated herein by this reference.
The Sewer Easement shall include the right and privilege of Grantee and its employees,agents,
representatives, contractors, subcontractors,and workmen(collectively, "Permittees")to: (i)
perform all activities as may be necessary to facilitate the purposes of the Sewer Easement; (ii)
have access to, ingress to, and egress from the Sewer Easement Area as may be necessary to
facilitate the purposes of the Sewer Easement; and (iii)take such reasonable action as many be
necessary, in Grantee's reasonable discretion,to protect the Sewer Easement.
Grantor's Use of Easement Area. It is further understood and agreed that,subject to the terms
contained herein, the Grantor retains the right to use the Sewer Easement Area for any purpose
whatsoever, to the extent that such use does not unreasonably interfere with Grantee's use of the
Sewer Easement. Grantor's ingress and egress to the Property across the Easement Area shall be
uninterrupted.
Grantor hereby covenants, by and for itself, its assigns,and its voluntary and involuntary successors
in interest to the Property or any part thereof, that Grantor shall not,without the prior written
consent of Grantee,erect, place, or maintain any building,wall,fence, or other permanent
structure within the Sewer Easement Area,or undertake any other activity,which may materially
interfere with the Sewer Easement and/or Grantee's exercise of all rights and privileges thereof.
Miscellaneous. This Grant of Sanitary Sewer Easement may be executed in any number of
counterparts,each of which when executed and delivered shallbe deemed an original,and all such
counterparts shall constitute one and the same instrument.
SIGNATURE PAGE TO GRANT OF SANITARY SEWER EASEMENT
[Grant of Easement Interest in a Portion of APN 006-581-059]
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on the date set forth below.
GRANTOR:
Kevin Buchanan, an individual
By: �`�!
Name: c70c AAA
Date: (1 /1 , 2023
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of San Luis Obispo
On ka>sCe_.C`(\knPX\1.e2( 223 before me,
:,Jess‹ c, 1'rca`t(
i nsert name and title of the officer)
personally appeared
1' V\ (\ -' MG k'1 Act.--i
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted,executed the instrument. •
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
��••sem, .IESSIGI MaT Sp��
Notary Public•oadforma
WITNESS my hand and official seal. "a�:4- San l.uisobisooCounty
Commission*2395008
L4NY Comm.Expires Mar 22,2026
Signature4k. - 7r) (Seal)
EXHIBIT A -1
Legal Description
SANITARY SEWER EASEMENT
A portion of Lot 7 in Block 2 of Tract 100 in the City of Arroyo Grande, County of San
Luis Obispo, State of California according to Map Book 6, Page 37 records of said
County and a portion of lot 107 of Parts of the Ranchos Corral De Piedra, Pismo and
Bolsa De Qiemisal, in the City of Arroyo Grande, County of San Luis Obispo, State of
California according to map recorded in Book A of Maps at page 65 records of said
Count, being also a portion of the property described as Parcel B in Certificate of
Compliance recorded August 16, 2004 as Instrument No. 2004-072748 of Official
Records of said County, said portion described as follows:
A strip of land of the uniform width of 10.00 feet lying 5.00 feet on each side of the
following described centerline:
Commencing at the Northerly corner common to lot 6 in said Block 2 of Tract 100 and
said Parcel B in Certificate of Compliance recorded August 16, 2004 as Instrument No.
2004-072748; thence Southerly along the line between said lots,
1) South 06 13' 00" East a distance of 90.92 feet to the True Point of Beginning;
thence leaving said line,
2) South 42Q 35'40" East 106.65 feet to the South line of aforementioned Parcel E3
and the Point of Terminus which bears North 89° 47' East, 71.88 feet from the
Southwest corner of said Parcel B;
The sidelines of the above-described parcel shall be lengthened and/or shortened to
intersect adjacent course sidelines and property boundaries.
The above-described parcel is graphically shown on Exhibit E3 attached hereto and
made a part hereof. L-14/ 01
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Exhibit A-2
Parcel B:
Lot 7 in Block 2 of Tract No.100 and that portion of Lot 107 of parts of the Ranchos Corral de
Piedra,Pismo and Balsa de Chemisal,in the City of Arroyo Grande,County of San Luis Obispo,
State of California, according to the maps filed in Book 6 of Maps Page 37 and Book A of Maps
Page 65 respectively,in the office of the County Recorder of said County,described as follows:
Beginning at the point of intersection of the northerly line of said Lot 107 of James T.Stratton's
Map of parts of the Ranchos Corral de Piedra,Pismo and Bolsa de ChemisaL according to the
map filed for record in Book A,Page 65 of Maps,in the office of the County Recorder of said
County,with the easterly line of Alpine Street extension,as conveyed to the City of Arroyo
Grande,by deed dated September 13,1946 and recorded October 4, 1946 in Book 424,Page 221 of
Official Records,at a found 2 inch Brass Cap with tag marked RE 4388; thence North 89°47'00"
East,along the northerly line of said Lot 107,a distance of 466.08 feet to the westerly line of said
Lot 7 and the True Point of Beginning; thence South 00°13'00"East,a distance of 62.50 feet to the
southerly line of the land described in the grant deed to Wade Hoon and Carol Maria Hoon as
recorded in Doc.#2003-035370 of Official Records of said County; thence North 89°47'00"East,
along said southerly line,to the easterly line of the property conveyed to Jackson W.Ruhl and
wife,by deed dated June 14,1938 and recorded October 3,1939 in Book 266,Page 131 of Official
Records of said County; thence North 30°04'00"West along said easterly line to said northerly
line of Lot 107,said point also being the southeast corner of said Lot 7 in Block 2 of Tract No.100;
thence North 06°06'02"East,along the easterly line of said Lot 7,a distance of 54.11 feet; thence
North 56011'00"West,along the northeasterly line of said Lot 7,a distance of 155.81 feet to the
northerly line of said Lot 7; thence South 89°47'00"West,along said northerly line,a distance of
154.06 feet to the westerly line of said Lot 7 and the beginning of a non-tangent curve concave to
the northwest and having a radius of 40.00 feet and a central angle of 57°37'36"; thence along said
westerly line and along said curve,a distance of 40.23 feet; thence leaving said curve South
00°13'00"East,along said westerly line of Lot 7,a distance of 107.20 feet to the True Point of
Beginning.
Containing 1.29 Ac,more or less.
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EXHIBIT " B "
LOT 7
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BLOCK1
00 1
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RCE 9806
6MB37 L50-
37
(TYPICAL)
N89'47'00"E 154.06'
Z N89'47'00"E 446.74'
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A=57'37'36"
E
R=40.00'
L=40.23'
POINT OF
LOT
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7TR 1 00
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co 6 MB 37 I CERTIFICATE OF
Ts 1 TRUE COMPLIANCE
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PARCEL A �• PROPOSED 10' WIDE
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Rid i.- 3559 SOUTH HIGUERA ST.
SAN LUIS OBISPO, CA 93401
805-594-1960 September 5, 2023 JOB #23-066
EXHIBIT E
CERTIFICATE OF ACCEPTANCE
Pursuant to Section 27281 of the
California Government Code
This is to certify that the interest in that certain real property referred to as 605 Eman Court in
the City of Arroyo Grande, conveyed by the deed or grant dated , 2023 from
, an individual, to the City of Arroyo Grande, a California municipal corporation,
is hereby accepted by the undersigned officer on behalf of the City of Arroyo Grande, pursuant
to authority conferred by Resolution No. , adopted by the City Council of the City of
Arroyo Grande on November , 2023, and the City of Arroyo Grande consents to
recordation thereof by its duly authorized officer.
Date: CITY OF ARROYO GRANDE
By:
Its:
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. 5336 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 28th day of November, 2023.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 30th day of
November, 2023.
E/SSICA MATSON, CITY CLERK