HomeMy WebLinkAboutR 2025-063RESOLUTION NO. 2025-063
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ORDERING THE PARTIAL VACATION OF
A SEWER EASEMENT AND ACCEPTING A GRANT OF A
SEWER EASEMENT ON 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 vacation of streets and public service easements; and
WHEREAS, the subject sewer easement to be vacated is a ten-foot wide (10’)
easement spanning two properties along James Way established with the
recordation of Parcel Map No. 79-838 in 1982, described in Exhibit “A”, a copy of
which is attached hereto and incorporated herein by this reference.
WHEREAS, Section 8333, subdivision (c), of the Streets and Highways Code
authorizes the City Council to 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 sewer 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 owners of the real property located at 1271 and 1281 James Way,
Arroyo Grande, CA, desire to grant to the city a sewer easement; and
WHEREAS, the City desires to accept the sewer easement for sewer line
installation and maintenance purposes, as described and depicted in Exhibit “A”
and “B”, which is attached hereto and incorporated herein by this reference; and
WHEREAS, all other prerequisites required by the Streets and Highways Code
have been met, including that from the date this resolution is recorded, the vacated
sewer easement no longer constitutes a street, highway, or public service
easement.
NOW, THEREFORE, the City Council of the City of Arroyo Grande does hereby
resolve as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein by
reference.
2.Vacation of Easement. This Resolution is adopted pursuant to the vacation
procedures set forth in California Streets and Highways Code section 8330, et
seq., as the portion of the public service easement to be vacated is excess, not
required for public utility purposes, and there are no public facilities located within
RESOLUTION NO. 2025-063
PAGE 2
the easement area. The easement area to be vacated is described and depicted
in Exhibit “A”, copies of which are attached hereto and incorporated herein by
this reference.
4.Acceptance of Easement. The City Council of the City of Arroyo Grande hereby
accepts the grant of a sewer easement legally described in the Grant of a Sewer
Easement for the property described and depicted in Exhibit “A”, a copy of which is
attached hereto and incorporated herein by this reference, and authorizes execution of
said Grant of a Sewer Easement, a copy of which is attached hereto in Exhibit “B” and
incorporated herein by this reference.
5.Certificate of Acceptance. The Certificate of Acceptance attached in Exhibit “C” is
hereby approved and this Resolution serves as the Resolution of Acceptance as
required by Government Code Section 27281. The City Manager is hereby authorized
and directed to execute the Certificate of Acceptance on behalf of the City.
6.Certification and Recordation. The City Clerk shall certify to the adoption of this
Resolution and cause the Grant of a Sewer Easement, along with the Certificate of
Acceptance, to be recorded in San Luis Obispo County’s Office of the Clerk-Recorder.
7.Environmental Review. The City Council hereby determines that the partial vacation
of the sewer easement and acceptance of a sewer easement is not a project subject to
the California Environmental Quality Act (“CEQA”) because it has no potential to result
in either a direct, or reasonably foreseeable indirect, physical change in the
environment. (State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3)) Alternatively, the
acceptance of a sewer easement and partial vacation of the sewer easement is exempt
from CEQA on the basis that it can be seen with certainty that there is no possibility
that the activity in question may have a significant effect on the environment. (State
CEQA Guidelines, § 15061, subd. (b)(3), the “common sense exception”.)
8.Effective Date. This Resolution shall take effect upon adoption.
On motion of Council Member Maraviglia, seconded by Council Member Guthrie, and on
the following roll call vote, to wit:
AYES: Council Members Maraviglia, Guthrie, Loe, and Mayor Ray Russom
NOES: None
ABSENT: Council Member Secrest
The foregoing Resolution was passed and adopted this 9th day of September, 2025.
CAREN RAY RUSSOM, MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:
ISAAC ROSEN, CITY ATTORNEY
RESOLUTION NO. 2025-063
PAGE 3
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C:\0-WORK FILES\0-CFryE&S_Inc\CFry Jobs\00101_AG-James Way (Sheppel Meadow Creek)\WORKING\SS Abandon &
Dedicate v3.doc
EXHIBIT “A”
LEGAL DESCRIPTION
ABANDONMENT of portions of Sewerline Easement
(over APNs 007-771-080 and 081)
Located in the City of Arroyo Grande, County of San Luis Obispo, State of California
and being those portions of that “Easement for Sewerline Purposes” described in
Certificate of Acceptance recorded as Doc. No.: 1982-026124 in Book 2415 at Page 338
of Official Records in the office of the Recorder of said County, lying within Parcel 1 and
Parcel 2, AGAL 16-0147 per City of Arroyo Grande Certificate of Compliance for Lot
Line Adjustment Case No. 16-001 recorded as Doc. No.:2019-029358 of said Official
Records.
EXCEPT that portion of said “Easement for Sewerline Purposes” l ying within Parcel 2 of
Certificate of Lot Line Adjustment AGAL 92-27, recorded as Doc. No.: 1993-022994 of
said Official Records.
Legal Description prepared by
or under the supervision of:
________________________________
Cristi E. Fry, LS 8356 8/8/2025
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SEWERLINE EASEMENT
PER 2415 O.R. 338
ABANDONMENT OF
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Page 1 of 1
C:\0-WORK FILES\0-CFryE&S_Inc\CFry Jobs\00101_AG-James Way (Sheppel Meadow Creek)\WORKING\SS Abandon &
Dedicate v3.doc
EXHIBIT “A”
LEGAL DESCRIPTION
DEDICATION of Easement for Sewerline Purposes
(over APNs 007-771-080 and 081)
Those portions of Parcel 1 and Parcel 2, AGAL 16-0147, in the City of Arroyo Grande,
County of San Luis Obispo, State of California, per City of Arroyo Grande Certificate of
Compliance for Lot Line Adjustment Case No. 16-001 recorded as Doc. No.: 2019-
029358 of Official Records and that portion of Parcel 2 of Certificate of Lot Line
Adjustment AGAL 92-27 recorded as Doc. No: 1993-022994 of said Official Records in
the office of the Recorder of said County, more particularly described as follows:
Commencing at the southwesterly corner of Parcel A of Parcel Map No. AG 79-838
as per map filed in Book 31 of Parcel Maps at Page 47 in the office of the said
Recorder; thence along the southerly line of said Parcel A, also being the northerly
line of said Parcel 1, South 69°44’56” East 25.00 feet to an angle point in said
northerly line, said angle point being the True Point of Beginning; thence along the
southeasterly prolongation of said northerly line, South 69°44’56” East 10.00 feet;
thence North 20°15’04” East 13.00 feet; thence North 69°44’56” West 55.00 feet;
thence South 20°15’04” West 10.00 feet; thence South 69°44’56” East 45.00 feet;
thence South 20°15’04” West 3.00 feet to the True Point of Beginning.
EXCEPT that portion thereof lying within Parcel 2 of Certificate of Lot Line Adjustment
AGAL 92-27 recorded as Doc. No: 1993-022994 of said Official Records.
Containing: 109 square feet, more or less, within said Parcel 1 and
380 square feet, more or less, within said Parcel 2, AGAL 16-0147
Legal Description prepared by
or under the supervision of:
________________________________
Cristi E. Fry, LS 8356 8/8/2025
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RECORDING REQUESTED BY
WHEN RECORDED RETURN TO:
City Clerk
City of Arroyo Grande
300 East Branch Street
Arroyo Grande, CA 93420 FOR RECORDER'S USE ONLY
NO RECORDING FEE - PUBLIC AGENCY - GC §§ 6103, 27383
APN: 007-771-080
APN: 007-771-081
THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO
SECTION 11922 OF THE CALIFORNIA REVENUE AND TAXATION CODE. THIS DOCUMENT IS EXEMPT
FROM RECORDING FEES PURSUANT TO SECTIONS 6103 and 27383 OF THE CALIFORNIA
GOVERNMENT CODE.
GRANT OF SEWER EASEMENT
For valuable consideration, receipt of which is hereby acknowledged, Sheppel Arroyo Grande, LLC a
California limited liability company(referred to herein as “Grantors”) hereby grants to the City of
Arroyo Grande, a municipal corporation, within the County of San Luis Obispo, State of California,
and its successors and assigns (referred to herein as "Grantee"), a sewer easement, in, on, over,
under, upon, along, and through that certain real property described and depicted on Exhibits "A"
and "B,” attached hereto and incorporated herein by this reference (referred to herein as the
“Sewer Easement Area”), together with the right to forever install, operate, maintain, improve,
inspect, repair, and replace, the underground sanitary sewer facilities, along with any
appurtenances and incidental uses (“Sewer Easement”). The Sewer Easement Area is an area
containing 417 square feet described in Exhibit “A”.
The Sewer Easement shall include the right and privilege of Grantee and its employees, agents,
representatives, contractors, subcontractors, and workmen (collectively, “Permittees”) to: (i)
perform all activities as may be necessary to facilitate the purposes of the Sewer Easement ; (ii)
have access to, ingress to, and egress from the Sewer Easement Area as may be necessary to
facilitate the purposes of the Sewer Easement; and (iii) take such reasonable action as many be
necessary, in Grantee’s reasonable discretion, to protect the Sewer Easement.
EXHIBIT "B"
Grantor’s Use of Easement Area. It is further understood and agreed that, subject to the terms
contained herein, the Grantor retains the right to use the Sewer Easement Area for any purpose
whatsoever, to the extent that such use does not unreasonably interfere with Grantee’s use of the
Sewer Easement. Grantor’s ingress and egress to the Property across the Easement Area shall be
uninterrupted.
Grantor hereby covenants, by and for itself, its assigns, and its voluntary and involuntary successors
in interest to the Property or any part thereof, that Grantor shall not, without the prior written
consent of Grantee, erect, place, or maintain any building, wall, fence, or other permanent
structure within the Sewer Easement Area, or undertake any other activity, which may materially
interfere with the Sewer Easement and/or Grantee’s exercise of all rights and privileges thereof.
Miscellaneous. This Grant of Sanitary Sewer Easement may be executed in any number of
counterparts, each of which when executed and delivered shall be deemed an original, and all such
counterparts shall constitute one and the same instrument.
GRANTOR:
Sheppel Arroyo Grande, LLC a California Limited Liability Company
By:
Name:
Title: ____________________
Date: , 2024
(insert name and title of the officer)
personally appeared
,
,
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
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Dedicate v3.doc
EXHIBIT “A”
LEGAL DESCRIPTION
DEDICATION of Easement for Sewerline Purposes
(over APNs 007-771-080 and 081)
Those portions of Parcel 1 and Parcel 2, AGAL 16-0147, in the City of Arroyo Grande,
County of San Luis Obispo, State of California, per City of Arroyo Grande Certificate of
Compliance for Lot Line Adjustment Case No. 16-001 recorded as Doc. No.: 2019-
029358 of Official Records and that portion of Parcel 2 of Certificate of Lot Line
Adjustment AGAL 92-27 recorded as Doc. No: 1993-022994 of said Official Records in
the office of the Recorder of said County, more particularly described as follows:
Commencing at the southwesterly corner of Parcel A of Parcel Map No. AG 79-838
as per map filed in Book 31 of Parcel Maps at Page 47 in the office of the said
Recorder; thence along the southerly line of said Parcel A, also being the northerly
line of said Parcel 1, South 69°44’56” East 25.00 feet to an angle point in said
northerly line, said angle point being the True Point of Beginning; thence along the
southeasterly prolongation of said northerly line, South 69°44’56” East 10.00 feet;
thence North 20°15’04” East 13.00 feet; thence North 69°44’56” West 55.00 feet;
thence South 20°15’04” West 10.00 feet; thence South 69°44’56” East 45.00 feet;
thence South 20°15’04” West 3.00 feet to the True Point of Beginning.
EXCEPT that portion thereof lying within Parcel 2 of Certificate of Lot Line Adjustment
AGAL 92-27 recorded as Doc. No: 1993-022994 of said Official Records.
Containing: 109 square feet, more or less, within said Parcel 1 and
380 square feet, more or less, within said Parcel 2, AGAL 16-0147
Legal Description prepared by
or under the supervision of:
________________________________
Cristi E. Fry, LS 8356 8/8/2025
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EXHIBIT"B"
PARCEL2
AGAL 92-27
1299 JAMES WAY PL (TYP)
(NOT A PART)
REMAINING -----.
"' PORTION OF
.,...
"'
Pl/BLIC
SEWERLINE
EASEMENT PER
2415 O.R. 338
---PORTION OF
Pl/BL/C
SEWERLINE
EASEMENT OFFER
OF DEDICATION
(109 S.F. +/-)
SW CORNER
PARCEL A,
31 PM47
PARCEL1
AGAL 16-0147
(APN 007-771-081)
_15.00' ----
TRl/E POINT
OF
BEGINNING
PARCEL2
AGAL 16-0147
(APN 007-771-080)
1271 JAMES WAY
.....------PORTION OF Pl/BLIC
SEWERLINE
EASEMENT OFFER OF
DEDICATION
(380 S.F. +/-)
0 0
(\'") .,...
1281 JAMES WAY PL (TYP) I Pl/BL/C SEWER
EASEMENT PER
32PM31
LEGEND �
PL = PROPERTY LINE SCALE:
, .. = 1 o·
I I I
EASEMENT FOR SEWERLINE
PURPOSES
I I
CFRY
ENGINEERING &
SURVEYING INC
PO BOX 444
CA YUCOS, CA 93430
0L_ ____________________ _8-8-25
EXHIBIT “C”
CERTIFICATE OF ACCEPTANCE
Pursuant to Section 27281 of the
California Government Code
This is to certify that the interest in that certain real property referred to as 1271, 1281, and
1299 James Way in the City of Arroyo Grande, conveyed by the deed or grant deed dated
_______, 2025 from Sheppel Arroyo Grande, LLC a California Limited Liability Company and
Arroyo Grande Partners, LLC, a California limited liability company, to the City of Arroyo
Grande, a California municipal corporation, is hereby accepted by the undersigned officer on
behalf of the City of Arroyo Grande, pursuant to authority conferred by Resolution No. ______,
adopted by the City Council of the City of Arroyo Grande on June ___ , 2025, and the City of
Arroyo Grande consents to recordation thereof by its duly authorized officer.
Date: CITY OF ARROYO GRANDE
By: ______________________________
Its: City Manager
OFFICIAL CERTIFICATION
I, JESSICA MATSON, 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. 2025-063 was passed and adopted at a
regular meeting of the City Council of the City of Arroyo Grande on the 9th day of
September, 2025.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 19th day
of September, 2025.
JESSICA MATSON, CITY CLERK