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HomeMy WebLinkAbout2026-006006 2026006006 Elaina Cano San Luis Obispo - County Clerk-Recorder 02/27/2026 03:10 PM RRecording Requested By ecorded at the request of: PUBLIC Titles: 1 Pages: 8 When Recorded Return To. Fees: $0.00Taxes: 00.00 Total: 0.00 *). U oct- utl 1111 f � �' �fIIIII ivroyofreir4.-ti BOc i. tInCIh Sfi. 4\rmo ratnrk ?,W V.Psvi u-r 0 n DOCUMENT TITLE RESOLUTION NO. 2026-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ORDERING THE VACATION OF A SEWER EASEMENT ON 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 vacation of streets and public service easements; and WHEREAS, the subject sewer easement (the "Easement") to be vacated is a ten-foot wide (10') easement shown on Parcel D of Lot 5 of Tract No. 604 of Parcel Map No. 79-838 in 1982, described in Exhibit "A" and depicted in Exhibit "B", a copy of which is attached hereto and incorporated herein by this reference. WHEREAS, Section 8333, subdivision (c), of the Streets and Highways Code authorizes the City Council to 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 sewer easement is excess, not needed for public utility purposes, and there are no utilities or public improvements located within the easement to be vacated; and WHEREAS, all other prerequisites required by the Streets and Highways Code have been met, including that from the date this resolution is recorded, the vacated sewer easement no longer constitutes a street, highway, or public service easement. 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 Easement to be vacated is excess, not required for public utility purposes, and there are not public facilities located within the Easement area. The City Council hereby orders the vacation of the Easement and any and all interests that the City may have therein. From and after the date the Resolution is recorded, the Easement no longer constitutes a public service easement. RESOLUTION NO. 2026-013 PAGE 2 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 direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.) Alternatively, the 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 of Council Member Guthrie, seconded by Council Member Secrest, and on the following roll call vote, to wit: AYES: Council Members Guthrie,Secrest, Loe, Maraviglia, and Mayor Ray Russom NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 24th day of February, 2026. CAREN RAY SSOM, MAYOR ATTEST: J SICA MATSON, CITY CLERK APPROVED AS TO CONTENT: MATTHEW DOWNING, CITY MANAGER APPROVED AS TO FORM: Lam' ' ISAAC ROSEN, CITY ATTORNEY Exhibit " A " Legal Description for Sewer Easement Vacation A 10-foot strip of land located in the City of Arroyo Grande, County of San Luis Obispo, State of California offered for dedication and shown as"10' PUBLIC SEWER LINE ESMT. PER THIS MAP" on Parcel Map No.AG 79-838 filed January 29, 1982 in Book 31, Page 47 of Parcel Maps in the office of the County Recorder of said County. Containing: 4,330 square feet, more or less LAND Legal Description prepared by \5�1 E Ss or under the supervision of: * * 3114/2O26 Sj N0. 8356 �P OF- cP' Cristi E. Fry, LS 8356 date Page 1 of 1 EXHIBIT " B " 4LRLC RI FELT 0� 3d W MT MO (1 1`.60' I fawned 2'1,P.9 B.G.*sieteit !! K'G•6.2242v A Monument ' /i!ed 3p.r TiacR"1 4l9 1 1/9 --. Cen tk/earun My `p -_r�`e ,p e•S a raz• ,.*t,_ - sire / rY Y$2F! 7 ( d-`.b'9#%S" 1-)ate 4 _ 7� Ls B9.y2• S / f�tT1 -\ 1-arrndk.l.ra it3.G.d49D'e� VAII f If �� �1 eft I ja77B �q {fin', 'jli • G•90''9m'Or1s M/ 4r1 1 R•YS.d7• ' J e ��• �:�'' Y " R=�_,- FC-3l1,27 '' O .'e°'8•sy 8e b4!' fJ a-'",'w.te,4.-00! .' I I c-39.1.?"� f�'�����'�rJ+ V �1J 1 1 L of .4' I l r� k,� `�' 1 y� 1 i 11 PARCEL MAP NO.AG 79-838 k r. / / c•«a y`7`J7_` -7' ->i C'41 f '• CL COURSES OF SEWER ESMT �. 1 4' f� sae '• (;� 'o,'ke`I keti / 1/ 4t / 1•11 rH'sue I O '"•.' •,, 0�` / Ol N 20°15'04"E 351.28' f A� `y I�q�eE` ',• v 1 ffi �If Y �c• Ai 4 !!f O2 N 72°49'37" W 57.24' Iif F ?fa�f 1 9,p,.,� �r! 3O N 32°25'00"E 24.50' R-tiro' 1 d is ' L , �.}d+4xn" Cr. 1' / r1� r —� .Z ' •,._,• r• J VACATE: ENTIRETY OF 10' 1,—— =`J '=� "� J�`4E' PUBLIC SEWER LINE / r� "tee ``—. EASEMENT DEDICATED ON -0-r A .r-- .c, s, F Q f / PARCEL MAP NO. AG 79-838, o 3y M �..,, I '1 v �.sg "f • G `%-' 1 PER MAP RECORDED 1/29/1982 s ry 4�y r� � a � .� •�' IN BOOK 31,PAGE 47 OF "Iv . • . :} ' a46�0v PARCEL MAPS (SEE CL '' ' ---`,24- ,' ,' COURSES HEREON) ....d'15 tea,'."• c,,. NOTE: TO REMAIN- 10' SEWER LINE EASEMENT SHOWN 2/14/2026 AND DEDICATED ON PARCEL MAP NO. AG 82-35, PER MAP RECORDED 6/25/1982 IN BOOK 32, PAGE 31 OF PARCEL MAPS C Fry Engineering&Surveying Inc PO Box 444 Cayucos,CA 93430 Page 1 of 1 805-550-0361 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. 2026-013 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 24th day of February, 2026. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 24th day of February, 2026. H.:YOc CRATED , JESSICA MATSON, CITY CLERk4. `"r �a' CAt.iFo COPY 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. 2026-013 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 24th day of February, 2026. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 26th day of February, 2026. s_,- -- .5 mo `.' SICA MATSON, CITY CLERK END OF DOCUMENT I a i lb I 't