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Home My WebLink AboutCC 2025-09-09_09h Vacationa nd Acceptance of Sewer Easement_James WayItem 9.h. MEMORANDUM TO: City Council FROM: Brian Pedrotti, Director of Community Development BY: Natalie Riddering, Planning and Engineering Permit Technician SUBJECT: Partial Vacation of a Sewer Easement and Acceptance of a Grant of a Sewer Easement DATE: September 9, 2025 RECOMMENDATION: 1) Adopt a Resolution ordering the partial vacation of a sewer easement and accepting a grant of sewer easement on James Way; and 2) Find that the action 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), 15378.) or, alternatively, that it is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) (the “common sense exemption”). IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There is no financial impact associated with partially vacating the existing sewer easement and accepting the grant of sewer easement. BACKGROUND: The subject 10-foot-wide public sewer easement encumbers three properties: 1271, 1281 and 1299 James Way. The sewer easement was initially established with the recordation of Parcel Map 79-838 on January 29, 1982. The easement was incorrectly plotted on the recorded map. This effort to partially vacate the misaligned easement and acquire a new sewer easement, as shown in Exhibits A and B of the Resolution (Attachment 1), will correct that mistake in accordance with the procedures established by the Streets and Highways Code. ANALYSIS OF ISSUES: The property owner of 1271 and 1281 James Way requested a modification of the existing sewer easement because the easement does not fully encompass the sewer main that it was intended to cover. The purpose of the sewer easement is to provide the City legal access to the sewer main for repairs, maintenance, and replacement, when required. The Page 78 of 148 Item 9.h. City Council Partial Vacation of a Sewer Easement and Acceptance of a Grant of a Sewer Easement September 9, 2025 Page 2 misaligned easement complicates the City’s ability to access the sewer line, which is the impetus for this request. It is standard practice in such scenarios to summarily vacate the erroneous easement and establish a new easement in its entirety. Staff were unable to secure participation in the grant of a new easement from the property owner of the third parcel, 1299 James Way. As a result, the new sewer easement footprint will be approximately 10 square feet less than the existing easement. This area is located along the perimeter of the proposed sewer easement that encumbers 1299 James Way. Utility Division staff have evaluated the impact of losing the 10 square feet of the sewer easement and concluded that the exclusion of this small section will not affect the City’s ability to access or maintain existing sewer infrastructure. To maintain the sewer easement that currently encumbers 1299 James Way and make the other imperative easement alterations, the City will vacate portions of the existing sewer easement and accept a grant of easement from the property owner of 1271 and 1281 James Way. This will enable the City to vacate the erroneous portions of the existing sewer easement and acquire new easement rights from the participating property owner of 1271 and 1281 James Way. This action preserves essential utility access and maintains the City’s operational capabilities, while adapting to the lack of participation from one property owner . The portion of this sewer easement that is determined to be excess would be vacated in accordance with California Streets and Highways Code Section 8333 , et seq., which authorizes the City to vacate an excess public utility easement if it is not required. Specifically, Section 8333 provides that the City Council may vacate a public service easement in any of the following situations: a. The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. b. The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date. c. The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement. In this case, the City is vacating a portion of the sewer easement that was incorrectly recorded, which has been determined to be excess by the easement h older because it does not contain any city-maintained sewer facilities, pursuant to Section 8333(c). There are no other public facilities located within the easement area, and all other requirements Page 79 of 148 Item 9.h. City Council Partial Vacation of a Sewer Easement and Acceptance of a Grant of a Sewer Easement September 9, 2025 Page 3 of the Streets and Highways Code are satisfied. Therefore, the City may vacate the sewer easement. To rectify the City’s sewer line being located outside of an easement and ensure that the sewer line is accessible for maintenance and emergencies, the City is accepting the grant of a sewer easement to record a new sewer line easement, which encompasses city infrastructure. A plat and legal description of the proposed sewer easement are included as Exhibit A to the Resolution. ALTERNATIVES: 1. Adopt a Resolution vacating a portion of the sewer easement at 1271 and 1281 James Way pursuant to Streets and Highways Code Section 8330, et. seq. and accept the grant of a sewer easement; or 2. Do not adopt the Resolution to vacate the sewer easement and accept the grant of a sewer easement; or 3. Provide other direction to staff. ADVANTAGES: By vacating the excess portion of the sewer easement and accepting the grant of a new sewer easement, the City will gain access and maintenance rights to the sewer line on the affected parcels, and the owners of the parcels will have an accurate depiction of easements encumbering their parcels. DISADVANTAGES: None have been identified. ENVIRONMENTAL REVIEW: The proposed 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 partial vacation of the sewer easement and acceptance of a sewer easement is exempt from CEQA on the basis that it can be seen with certainty that the activity in question may have a significant effect on the environment. (State CEQA Guidelines, § 15061, subd. (b)(3), the “common sense exception.”) PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. ATTACHMENTS: 1. Resolution Page 80 of 148 ATTACHMENT 1 RESOLUTION NO. 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 Page 81 of 148 RESOLUTION NO. PAGE 2 the easement area. The easement area to be vacated is described and depicted in Exhibits “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 a motion by Council member , seconded by Council member , and by the following roll call vote to wit: AYES: NOES: ABSENT: The foregoing Resolution was adopted on this __ day of September, 2025. Page 82 of 148 RESOLUTION NO. PAGE 3 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 Page 83 of 148 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 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 Page 84 of 148 0 N "' N 0 N aj 0 ::, <( ci UJ UJ (/) "' <1) 0 0 9 "'.0 0 -, PARCEL2 AGAL 92-27 1299 JAMES WAY (NOT A PART) REMAINING -----. PORTION OF SEWERLINE � EASEMENT PER � 2415 O.R. 338 SEWERLINE EASEMENT PER 2415 O.R. 338 ABANDONMENT OF PORTION ON PARCEL 1 SW CORNER PARCEL A, 31 PM47 EXHIBIT"A I PL (TYP) PL (TYP) PARCEL1 AGAL 16-0147 (APN 007-771-081) 1281 JAMES WAY " PARCEL2 AGAL 16-0147 (APN 007-771-080) 1271 JAMES WAY SEWERLINE EASEMENT PER 2415 O.R. 338 ABANDONMENT OF PORTION ON PARCEL 2 10.00' b 0 C") CFRY � ENGINEERING & �LEGEND »:::::.. SEWERLINE EASEMENT SURVEYING/NC � � POBOX444 � PL= PROPERTY LINE SCALE: ABANDONMENT OF PORTIONS CAYUCOS, CA 93430 ! 1" = 1 o· 0 ______________________________________ s_-_s_-_2_s __ _ i z 0 0 z ca <( 0:: w s w (j) u.. ~ <( u ~ u.. u Q) .s::: (j) Pl (TYP) 55 .00' I I I I I I I I I ..... PUBLIC SEWER EASEMENT PER 32PM31 Page 85 of 148 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 Page 86 of 148 8 N "' N 0 N aj 0 ::, <( ci UJ UJ (/) �"'<1) 0 0 9"' .0 0 -, it 'rl (/) oil UJ it u UJ ..J u: �a:: 0 EXHIBIT"A" 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 10-W $\ 0 - In AC 3 _ - J,i m Sh e p p e l Me a d o w Cr e e k ) I W O R K I N G I R E M A ex h i b i t s \ 2 0 2 4 - . 0 8 . 0 7 CF R Y CA D I C F , r y S E W E R AB A N D O N . d w 9.c W m , Ad m i n i s t r a t o r / - - \ - - - - Page 87 of 148 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" Page 88 of 148 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. Page 89 of 148 GRANTOR: Sheppel Arroyo Grande, LLC a California Limited Liability Company By: Name: Title: ____________________ Date: , 2024 Page 90 of 148 (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. Page 91 of 148 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 Page 92 of 148 8 N "' N 0 N aj 0 ::, <( ci UJ UJ (/) �"'<1) 0 0 9"' .0 0 -, it 'rl (/) oil UJ it u UJ ..J u: �a:: 0 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 Page 93 of 148 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 Page 94 of 148