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Home My WebLink AboutR 2025-010 RESOLUTION NO. 2025-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ORDERING SUMMARY VACATION OF A PUBLIC EQUESTRIAN EASEMENT AT 710 WHITE COURT, 711 WHITE COURT, 151 RIDGEVIEW WAY, AND 250 RIDGEVIEW WAY AND FINDING THAT THIS ACTION IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 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 easement (the "Easement") to be vacated is a fourteen-foot wide (14') easement along the four parcels described in Exhibit A and depicted in Exhibits B-D, of which copies are attached hereto and incorporated herein by this reference; and WHEREAS, the Easement was original conveyed to the City for equestrian trail purposes to be incorporated into a public equestrian trail system, envisioned in the 1988 Parks and Recreation Element of the General Plan; and WHEREAS, the proposed public equestrian trail system did not materialize, and no other equestrian easements have been established under the proposed equestrian trail network; and WHEREAS, the Arroyo Grande Parks and Recreation Element no longer envisions the development of a public equestrian trail system; and WHEREAS, the City's Bicycle and Trails Master Plan, adopted in 2012, does not identify the subject equestrian easement as part of an existing or proposed bicycle or trail network, nor is a path shown in the adopted 2021 Circulation Element. Additionally, the City's Active Transportation Plan, which will supersede the Bicycle and Trails Master Plan, does not include the equestrian easement as an active transportation facility; and WHEREAS, the Easement does not connect to any other existing trails; and WHEREAS, the Easement is a public service easement; 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, the Easement is not needed for its specified purpose, has been determined to be excess by the City as the easement holder, and there are no other public facilities or utility easements within the Easement; and 65501 00002\42459178 6 RESOLUTION NO. 2025-010 PAGE 2 WHEREAS, the Easement has not served the purpose for which it was acquired for at least the past consecutive five years immediately preceding this vacation; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED that 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 easement to be vacated is excess, not required for public utility purposes, and there are no public facilities located within the easement area. The easement area to be vacated is described in Exhibit A and depicted in Exhibits B-D, a copy of which are attached hereto and incorporated herein by this reference. The City Council hereby orders the vacation of the Easement and any and all interests that the City may have therein. 3. Environmental Review. The City Council hereby determines that the summary vacation of the 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 summary vacation of the easement 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).) 4. Effective Date. This Resolution shall take effect upon adoption. 5. Recordation. The City Clerk shall cause a certified copy of this Resolution of vacation, attested by the City Clerk under seal, to be recorded without acknowledgement, certificate of acknowledgement, or further proof in the Office of the San Luis Obispo County Clerk-Recorder. Pursuant to California Streets and Highways Code Section 8336, no fee shall be charged for recordation. On motion by Council Member Guthrie, seconded by Council Member Maraviglia, and by the following roll call vote to wit: AYES: Council Members Guthrie, Maraviglia, Mayor Pro Tem Secrest, Mayor Ray Russom NOES: Council Member Loe ABSENT: None the foregoing Ordinance was adopted this 11th day of February, 2025. RESOLUTION NO. 2025-010 PAGE 3 O CAREN RAY !SSOM, MAYOR ATTEST: {� JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: MATTHEW DOWNING, CITY MANAGER APPROVED AS TO FORM: ISAAC ROSEN, CITY ATTORNEY EXHIBIT "A" EXISTING PUBLIC 14' WIDE PEDESTRIAN AND EQUESTRIAN EASEMENT LEGAL DESCRIPTION ALL THAT PUBLIC 14.00' WIDE PEDESTRIAN AND EQUESTRIAN EASEMENT DESIGNATED ON THE MAP THAT CREATED IT LYING ACROSS THE FOLLOWING DESCRIBED PARCELS; THE REMAINDER OF PARCEL MAP AG 11-0046, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED NOVEMBER 9, 2016 IN BOOK 79, PAGES 16 THROUGH 18 OF PARCEL MAPS; PARCEL 2 OF PARCEL MAP AG 11-0046, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED NOVEMBER 9, 2016 IN BOOK 79, PAGES 16 THROUGH 18 OF PARCEL MAPS; PARCEL 1 OF PARCEL MAP AG 87-240, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED FEBRUARY 28TH 1990 IN BOOK 46, AT PAGE 90 OF PARCEL MAPS OF PARCEL MAPS; PARCEL 1 OF PARCEL MAP AG 14-0029, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED JULY 7TH 2015 IN BOOK 78, PAGES 4 THROUGH 6 OF PARCEL MAPS; PARCEL 2 OF PARCEL MAP AG 14-0029, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED JULY 7TH 2015 IN BOOK 78, PAGES 4 THROUGH 6 OF PARCEL MAPS. END DESCRIPTION 6.3 0 14-iCC o LS. 9210 JEFFREY G. ZAMBO P.L.S. 9210 DATE: 11.19.2024 kD �Y 1iPage EXHIBIT "B" REMAINDER PARCEL & PARCEL 2, PARCEL MAP AG 11-0046 I PARCEL B PARCEL 1 1 PARCEL 36/PM/46 5/PM/s4 5/PM/84 �� - --t II 279215.E smaru ` ' O ti //--(!--- 10311.11'E am.'0-2 / a ' tia I '' � iiiiy K E 9 �N / T.; $$ \P, 3 \ FL5 / • .iL'LY n i 1 r \ a gy \ C 11 eC ® g ba yie \ til ,fIg i ir y HNQ 1sg N om, fg .... 5-1 . °,' m ^ i. a a, g o il roll e d�I wti / w Sa'511 1.W.LS XXAI. 3:. —1' a s !a .' g 3 . 3 g� ; . Lt /EtA / w ms91 _ sPo 11 ...4-W414_471_0,714—X11-041 r� L tl$ZSL.LBN• 4°_/''''''' 3-7:7,,,:;.- / l w�-'-...1,--1--11-711111:::, 3,BF Yi g8�. $ t .9LN -� _�� w s1nBY i9E%.BLN m s t jr i_e 1 �Mt o m 26'1•` m • y C i. �s— • r 01 i/K / .'4 _ -q2K DJ W3 ox2M is ` P' "„ r JV€ s roam 8 _oa =4'8;9 a l'il •,:.1 - Iv, 11111/11 Pm79 21 Page EXHIBIT "C" PARCEL 1, PARCEL MAP AG 87-240 1,'.1,ioE3,a.iP� It t- A \ 93Ad.,.. . 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N SCA p2n o (D 0 P4.46 31 Page EXHIBIT "D" PARCEL 1, PARCEL MAP AG 14-0029 r W I `f1 O 0 W Jo Elv • A ^ I11 t I 1 IR o A i sd of } A l I en `` ¢ 4 I 'll m M )n ➢ yl 3 L.L. • 1 11-MC I.PLSSAm 1 P V W P �°� i1 a 11 '. \ 1 -a ' r C I J 1 33 S g ,_' m'. La NAA , Ia+ ' ft AVM M31AAOCIIU r l3 � I,. fir, r .. 3 wL • •ti Fgk► 2gr = um • .bD m " Z t • we "PRg ° A Z � r, _ ^ ViNn - m p 11l• p T {,E 141^ p A k (," Z °F dig san op `ti Cl,' 9 Ph1"T8 41 Page 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. 2025-010 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 11th day of February, 2025. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14th day of February, 2025. je, —)...suilwa...:cwe....._,(......}.....r.13%....._4,..... J SICA MATSON, CITY CLERK