R 4942RESOLUTION NO. 4942
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE SUMMARILY VACATING A PORTION OF A PUBLIC UTILITY EASEMENT AT 825 VIRGINIA DRIVE
WHEREAS, Chapter 4 of the Public Streets, Highways and Services Easements Vacation Law, commencing with Streets and Highways Code section 8330, provides for the summary vacation of streets
and public service easements; and
WHEREAS, the subject easement (the “Easement”) is a variable width easement from zero feet (0’) to twenty-seven and fifty-eight hundredths-feet (27.58’) and is a portion of a variable
width public utility easement varying from ten feet (10’) to thirty-seven and fifty-eight hundredths-foot (37.58’) located on Lot 8 in Block 3 of Tract 131, and is described and depicted
in Exhibits “A,” “B,” and “C,” 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 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 public utility purposes and there are no utilities or public improvements located within the portion to be vacated.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Arroyo Grande as follows:
The above recitals are true and correct and incorporated herein by their reference.
Determines that the subject Easement is a variable width easement varying from zero feet (0’) to twenty-seven and fifty-eight hundredths-feet (27.58’) portion of a variable width easement
varying from ten feet (10’) to thirty-seven and fifty-eight hundredths-foot (37.58’) wide public utility easement located on Lot 8 in Block 3 of Tract 131.
Determines that the Easement is not needed for public utility purposes and there are no public facilities located within the Easement pursuant to Streets and Highways Code Section 8333(c).
Determines that the public convenience and necessity do not require reservation of any portion of the Easement.
Based on the findings set forth in this Resolution and the provisions of Section 8330 et seq of the Streets and Highways Code, the City Council does hereby order that the Easement, as
described and depicted in Exhibits A, B and C, respectively, shall be and hereby is summarily vacated.
Declares that from and after the date this Resolution is recorded, the vacated public service easement no longer constitutes a public service easement.
Finds that all entities having any right, title, or interest in the public service easement being vacated have been notified of this action.
8. 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 Barneich, seconded by Council Member Storton, and on the following roll call vote, to wit:
AYES: Council Members Barneich, Storton, Paulding, George, and Mayor Ray Russom
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 27th day of August, 2019.
RESOLUTION NO. 114112-
PAGE 3
CARE RAY RUt•M, MAYOR
ATTEST:
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KELLY ET / •RE, CITY CLERK
APPROVED AS TO CONTENT:
414
JAMES A. 4*AN, CITY MANAGER
APPROVED AS TO FORM:
' ATHER WHITHAM, CITY ATTORNEY
EXHIBIT"A"
GRANTEE'S PROPERTY
(APNs:006-443-008 and 075-011-047)
Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ARROYO GRANDE,COUNTY OF
SAN LUIS OBISPO,STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
LOT 8 IN BLOCK 3 OF TRACT NO.131(WILLOW PARK),IN THE CITY OF ARROYO GRANDE,COUNTY OF
SAN LUIS OBISPO,STATE OF CALIOFRNIA,ACCORDING TO MAP RECORDED FEBRUARY 4, 1959 IN
BOOK 6, PAGE 11 OF MAPS.
TOGETHER WITH:
THAT PORTION OF LOT 109 OF THE SUBDIVISIONS OF THE RANCHOS CORRAL DE PIEDRA,PISMO AND
BOLSA DE CHEMISAL,SUBDIVIDED BY JAS T.STRATTON IN 1873 IN.THE COUNTY OF SAN LUIS OBISPO,
STATE OF CALIFORNIA,ACCORDING TO MAP FILED FOR RECORD,DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 8 IN BLOCK 3 OF TRACT NO. 131,ACCORDING TO
MAP RECORDED FEBRUARY 4, 1959 IN BOOK 6,PAGE 11 OF MAPS;THENCE SOUTH ALONG THE
SOUTHERLY EXTENSION OF THE EASTERLY LINE OF SAID LOT 8,44.72.FEET TO AN ANGLE POINT IN THE
SOUTHERLY LINE OF THE PROPERTY CONVEYED TO ADDISON B.WOOD,ET.AL. BY DEED DATED JUNE
3,1958 AND RECORDED JUNE 25,1958 IN BOOK 946,PAGE 27 OF OFFICIAL RECORDS;THENCE
WESTERLY ALONG THE SOUTHERLY LINE OF THE PROPERTY SO CONVEYED 70 FEET TO THE SOUTHERLY
EXTENSION OF THE LINE BETWEEN LOTS 7 AND 8 IN BLOCK 3 OF SAID TRACT NO.131;THENCE NORTH
ALONG SAID SOUTHERLY EXTENSION,44.72 FEET TO THE SOUTH CORNER COMMON TO SAID LOTS 7
AND 8;THENCE NORTH 89'34'EAST ALONG THE SOUTH LINE OF SAID LOT 7,70 FEET TO THE POINT OF
BEGINNING.
EXHIBIT"B"
LEGAL DESCRIPTION
Area of PUE to be Vacated
That portion of Lot 8 in Block 3 of Tract No. 13 (Willow Park), in the City of
Arroyo Grande, County of San Luis Obispo, State of California, according to map
filed February 4, 1959, in Book 6, Page 11 of Maps, records of said County, lying
southeasterly of a line running from the southwest corner of said Lot 8 to a point
on the east line of said Lot 8 which is 27.58 feet from the southeast corner of
said Lot 8.
The above described property is shown graphically on Exhibit "C" attached
hereto and incorporated herein.
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EXHIBIT C
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MICHAEL B. STANTON, PLS 5702 825 V. RGINIA COURT
.,_'`., ,S¢- "" ' 3563 SUELDO ST. UNIT Q
SAN LUIS OBISPO, CA 93401 ARROYO GRANDE, CA
'..LAND SURVEYS- 805-594—1 960
April 18, 2019 JOB #16-163
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. 4942 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 27th day of August, 2019.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 27th day of
August, 2019.
KELLY TM/,RE, CITY CLERK