Loading...
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