R 4951
RESOLUTION NO. 4951
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE SUMMARILY VACATING A PORTION OF PUBLIC UTILITY,
EASEMENT AT 1271 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 summary
vacation of streets and public service easements; and
WHEREAS, the subject public utility easement (the “Easement”) is a forty-foot (40’)
easement that runs across Parcels 1, 2 and 3 of the property located at 1271 James Way,
and is described and depicted in Exhibits “A,” “B,” “C-1,” and “C-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 it has been determined to be excess
by the easement holder, and there are no other public facilities within the easement.
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; 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 forty-foot (40’) wide public utility
easement located at 1271 James Way.
2. Determines that the Easement is excess and is not required for public utility
purposes and there are no public facilities located within the Easement.
3. Determines that the public convenience and necessity do not require reservation
of this portion of the Easement.
4. Based on the findings set forth in this Resolution and the provisions of Sections
8333 of the Streets and Highways Code, the City Council does hereby order that
the Easement, as described and depicted in Exhibits A, B, C-1 and C-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.
RESOLUTION NO. 4951
PAGE 2
On motion of Council Member Storton, seconded by Council Member Barneich, and on
the following roll call vote, to wit:
AYES: Council Members Storton, Barneich, Paulding, George, and Mayor Ray Russom
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 26th day of November, 2019.
RESOLUTION NO. q' 61
PAGE 3
0 ,
CAREN RA R *SOM, MAYOR
ATTEST:
KELLY W: Mi - E, CITY CLERK
APPROVED AS TO CONTENT:
JAMES A " 'r�s • N, CITY MANAGER
APPROVED AS TO FORM:
TIMOTIY J. CAL, CITY ATTORNEY
Page 1 of 1
S:\All Jobs\2015 All Jobs\15446 - Meadow Creek (Civil) - PBC\15446 Meadowcreek Survey\legal descriptions\legal descriptions for PUE
abandonment.docx
Exhibit “A”
Legal Description
for
Parcel that contains portion of PUE/City Easement to be Vacated
Parcel A of Parcel Map No. AG 79-838, in the City of Arroyo Grande, County of San Luis
Obispo, State of California, per map recorded January 29, 1982 in Book 31, Page 47 of Parcel
Maps, in the office of the County Recorder of said County.
TOGETHER WITH Parcel 3 of Parcel Map AG 82-35, in the City of Arroyo Grande, County
of San Luis Obispo, State of California, per map filed June 25, 1982 in Book 32 of Parcel Maps
at Page 31 in the office of said County Recorder.
EXCEPT THEREFROM the northwesterly 25.00 feet of said Parcel 3.
This Legal Description is made pursuant to that certain certificate approving a Lot Line
Adjustment, Certificate No 16-001 recorded July 23, 2019 as Instrument No. 2019-29358 of
Official Records.
Page 1 of 1
C:\Egnyte\Shared\Sun\All Jobs\2015 All Jobs\15446 - Meadow Creek (Civil) - PBC\15446 Meadowcreek Survey\legal descriptions\legal
descriptions for PUE abandonment.docx
Exhibit “B”
Legal Description
for
Portion of PUE/City Easement to be Vacated.
A 40-foot wide strip of land, lying within Parcel 1 of Lot Line Adjustment AGAL 16-0147, in
the City of Arroyo Grande, County of San Luis Obispo, State of California per Certificate of
Lot Line Adjustment Case No. 16-001 recorded July 23, 2019 as Instrument No. 2019-29358 of
Official Records, filed in the office of the said County Recorder.
Said strip of land reserved as a blanket easement for public utility purposes, across the private
roads delineated on Parcel Map No AG 79-838, in the City of Arroyo Grande, County of San
Luis Obispo, State of California, per map recorded January 29, 1982 in Book 31, Page 47 of
Parcel Maps, in the office of the County Recorder of said County, and further described in
document entitled “Abandonment of Old Easements and Grant of New Easements
Appurtenant” recorded May 3, 1990 as Doc No. 1990-27700 in Volume 3498 , Pages 467
through 487, inclusive, of said Official Records.
Containing: 4,375 square feet, more or less
Legal Description prepared by
or under the supervision of:
______________________________10.28.2019_
Cristi E. Fry, LS 8356 (date)
Note: Area graphically depicted on Exhibit C-1
JAMES WAYOAK PARK BOULEVARD
C:\Egnyte\Shared\Sun\All Jobs\2015 All Jobs\15446 - Meadow Creek (Civil) - PBC\02_cad\Preliminary or Construction\03_EXHIBITS\ROAD EASEMENT.dwg, C1, Oct 28, 2019 11:06am, Sarah
Ashley&VanceENGINEERING, INC.EXHIBIT "C-1"PUBLIC UTILITY EASEMENT ABANDONMENTPROPOSED ABANDONMENTAREA = 4,375 S.F. +/-
JAMES WAYC:\Egnyte\Shared\Sun\All Jobs\2015 All Jobs\15446 - Meadow Creek (Civil) - PBC\02_cad\Preliminary or Construction\03_EXHIBITS\ROAD EASEMENT.dwg, C2, Nov 15, 2019 4:18pm, Sarah
Ashley&VanceENGINEERING, INC.EXHIBIT "C-2"PUBLIC EASEMENTS TO REMAIN
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. 4951 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 26th day of November, 2019.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 27th day of
November, 2019.
batta)h)L---
KELLY
ET b RE, CITY CLERK