ATTACHMENT #3
DPW: 821-60\ev\Council\2025\090925\Summary Vacation of Portions of a Water Easement Att 3.docx
Recording Requested by and Return to:
City Clerk
City of Thousand Oaks
2100 Thousand Oaks Boulevard
Thousand Oaks, CA 91362
Request recording without fee for the benefit of the
City of Thousand Oaks pursuant to § 8325 or 8336
of the Streets and Highways Code.
No Fee Gov’t Code 27383
_________________________________________________________________ RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF THOUSAND OAKS
SUMMARILY VACATING A PORTION OF A
PUBLIC SERVICE WATER EASEMENT AT
400 N. MOORPARK ROAD
WHEREAS, Chapter 4 of the California Public Streets, Highways, and Service Easements Vacation Law, commencing with Streets and Highways Code section 8333, provides for summary vacation of public service easements upon certain conditions being met; and
WHEREAS, there exists a deed recorded in document No. 95-113492 Parcel Map LD No. 660 of the Official Records of Ventura County describing a public service water easement held by City providing for the construction and maintenance of water facilities; and
WHEREAS, Amy’s Kitchen Restaurant Holdings, LLC, the owner of the property with an APN of 669-0-021-285 and which is affected by the above referenced easement, requests the summary vacation of portions of a public service water easement located under its property; and
WHEREAS, Section 8333 of the California Streets and Highways Code authorizes the City Council to summarily vacate easements for public service purposes which have been superseded by relocation, or determined to be excess by the City as easement holder, and where there are no other public facilities located within the easement; and
WHEREAS, as a result of the relocation of a fire hydrant and the construction of new water service facilities, a portion of the public service water easement is no longer required for the public benefit; and DPW: 821-60\ev\Council\2025\090925\Summary Vacation of Portions of a Water Easement Att 3.docx
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WHEREAS, the proposed abandonment areas of this public service water easement have been superseded by relocation, or determined to be excess by the City as easement holder, and there are no other public facilities located within the easement located within the proposed abandonment areas of said public service water easement; and
WHEREAS, the City Council intends to summarily vacate portions of the public service water easement, as described in recorded document No. 95- 113492 Parcel Map LD No. 660 of the Official Records of Ventura County.
NOW, THEREFORE, the City Council of the City of Thousand Oaks does hereby resolve as follows:
SECTION 1: Incorporation of Recitals
The City Council hereby finds and determines that the Recitals of this Resolution are true and correct and are hereby incorporated into this Resolution as though fully set forth herein.
SECTION 2: Declaration of Vacation
The City Council of the City of Thousand Oaks finds and declares under the authority of California Streets and Highways Code Chapter 4 of part 3 of Division 9, commencing at Section 8333 et. seq. that portions of the public service water easement proposed to be vacated are an excess easement and:
(a) The proposed abandonment areas of the public service water easement are not required for public service purposes and have been superseded by relocation and have been determined to be excess by the City as easement holder.
(b) There are no public utility facilities located within the proposed abandonment areas of the public service water easement.
Based upon the findings made above, and the provisions of Streets and Highways Code section 8333 et. seq., the City Council does hereby order the proposed abandonment areas of the public service water easement for public use purposes as described in recorded document No. 95-113492 Parcel Map LD No. 660 of the Official Records of Ventura County shall be and hereby are summarily vacated.
SECTION 3: Designation of Public Service Water Easement to be Vacated
The subject public service water easement to be vacated is described as follows:
A portion of the public service water easement located on 400 N. Moorpark Road, APN 669-0-021-285 further identified on the map in Exhibit A to this Resolution.
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SECTION 4: Recordation of Resolution
Upon recordation by the City Clerk of this Resolution, the area shown on the attached map (Exhibit B) is hereby vacated and the vacated portion reverts back to the owner of the property.
SECTION 5: Adoption of Resolution
That the City Clerk shall certify to the passage and adoption of this Resolution and shall cause the same to be possessed in the manner required by law. This resolution shall become effective upon its adoption. Upon the recordation of this Resolution, the vacation is complete, and the vacated portions of the public service water easement will no longer constitute a City-owned and maintained public service water easement.
PASSED AND ADOPTED THIS 9th day of September, 2025, by the following vote:
Ayes:
Noes:
Absent:
________________________________
David Newman, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
________________________________
Laura B. Maguire, City Clerk
Date Attested:
APPROVED AS TO FORM:
Office of the City Attorney
________________________________
Tracy Friedl, Assistant City Attorney
APPROVED AS TO ADMINISTRATION:
________________________________
Andrew P. Powers, City Manager
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.
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EXHIBIT A
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EXHIBIT B
Exhibit B to Resolution