R 4891 RESOLUTION NO. 4891
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE SUMMARILY VACATING A PORTION OF A PUBLIC SEWER,
WATER AND ACCESS EASEMENT IN TRACT 3048
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") is a ten-foot (10') portion of a sixty-
foot (60') wide public sewer, water and access easement located in Lots 14-17 of Tract
3048, and is described and depicted in Exhibits "A-1" and "A-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 the date of acquisition is less than
five (5) years and more than one (1) year immediately preceding the proposed vacation
and the easement was not used continuously since that date; and
WHEREAS, Section 8334 of the Streets and Highways Code authorizes the City Council
to summarily vacate excess right-of-way of a street or highway not required for street or
highway purposes; and
WHEREAS, the Easement is not needed for street 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 ten-foot (10') portion of a sixty-foot (60')
wide public sewer, water and access easement located in Lots 14-17 of Tract
3048.
2. Determines that the Easement is an excess right-of-way and is not required for
street or highway purposes and there are no public facilities located within the
Easement.
3. Determines that the public convenience and necessity do not require reservation
of any portion of the Easement.
RESOLUTION NO. 4891
PAGE 2
4. Based on the findings set forth in this Resolution and the provisions of Sections
8333 and 8334 of the Streets and Highways Code, the City Council does hereby
order that the Easement, as described and depicted in Exhibits A-1 and A-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.
On motion of Council Member Harmon, seconded by Council Member Ray, and on the
following roll call vote, to wit:
AYES: Council Members Harmon, Ray, Brown, Barneich, and Mayor Hill
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 27th day of November, 2018.
RESOLUTION NO. y89(
PAGE 3
•
JI ILL, MAYOR
ATTEST:
,atece
KELLY T RE, CITY CLERK
APPROVED AS TO CONTENT:
4116.
JAMES = , AN, CITY MANAGER
APPROVED AS TO FORM:
H ATHER WHITHAM, CITY ATTORNEY
EXHIBIT A-1
DAKOS
DAKOS LAND SURVEYS, INC.
4 I!u 0;0 Continuing 30 Years of Surveying Tradition on the Central Coast
• 5J 7600 Morro Rd,Atascadero,CA 93422•phone:(805)466-2445
info@dakoslandsurveys.com • www.dakoslandsurveys.com
LEGAL DESCRIPTION
Exhibit 'E' Sheet 1 of 2
Those portions of Lots 14 and 17 of Tract 3048, in the City of Arroyo Grande, County of
San Luis Obispo, State of California according to the Map of Tract 3048 filed December
17, 2015 in Book 35 of Maps at Pages 65 through 71 in the Recorder's Office of said
County and State described as follows:
Commencing at the south corner of said lot 14;
thence along the southwesterly line of said lot North 35°54'30" West a distance of 332.63
feet to the west corner of said lot;
thence along the northerly line of said lot North 75°52'59" East a distance of 53.84 feet
to the True Point of Beginning;
thence continuing North 75°52'59" East a distance of 10.77;
thence leaving said line South 35°54'30" East a distance of 292.50 feet;
thence South 76°47'40"West a distance of 10.84 feet;
thence North 35°54'30"West a distance of 292.31 feet to the True Point of Beginning.
The attached Exhibit 'E'Sheet 2 of 2 is made part of this description.
446.1 t J 47/2/7 % a
Marc D. Dakos, LS 8769 (Date) j"' e.;\
Professional Land Surveyor ! i
No. 8/6, J
EXHIBIT A-2
_ky
Exhibit 'E` Sheet 2 of 2
A .
liki_l
iiii
LOT 12
SCALE: 1"=60'
(SHOWN AS "PUBLIC (4)
SEWER,WATER, ACCESS p,C. 6c,
& PRIVATE DRAINAGE -(93)',/\--$1()c):1\
� �-
EASEMENT" ON SHEET 4, ''�� LOT 13
MAP OF TRACT 3048)
N75°52'59"E DEL MAR
''1 3 10.77'
C`„.‘ / 9„E
� cP
�c2 �1T 553 4' _.
LOT 15
TRUE
POINT OF LOT 14
BEGINNING
60.00'
50.00' J.
r03
s1;) r'9
c �, �nSs
o,
,S6 � 7, oF
sc�
9y, 0jo
7,,,,-.57-p
� y
k
.
!y,° k, O
10.00.
v �,
DESCRIBED
PORTIONS
576°47'40"W I
o N L;`_ ' 10.84'
(e-'42I
\ ,-7 69 )*i
il
S:,/ F`4/� (SHOWN AS "20' PUBLIC
POINT OF UTILITY&ACCESS 1
COMMENCEMENT EASEMENT" ON SHEET 5,
MAP OF TRACT 3048)
OFFICIAL CERTIFICATION
I, KELLY WETMORE, 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. 4891 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 27th day of November, 2018.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 29th day of
November, 2018.
KELLY +ETy%ORE, CITY CLERK