HomeMy WebLinkAboutR 2025-074RESOLUTION NO. 2025-074
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
EASEMENT DEED FOR PG&E ON CITY-OWNED PARCEL 007-462-001
AND A LICENSE AGREEMENT FOR THE ESTABLISHMENT OF THE
EASEMENT
WHEREAS, the owners of the real property located at 1243 Huasna Road, Arroyo Grande
CA desire to relocate two PG&E meters on their property; and
WHEREAS, PG&E requires an easement across City-owned parcel APN 007-462-001 to
facilitate the relocation of the two meters for the owners of 1243 Huasna Road, Arroyo
Grande CA; and
WHEREAS, the City desires to grant PG&E the easement deed for installation and
maintenance purposes of utilities, described and depicted in Exhibit “A”; and
WHEREAS, said PG&E easement will encumber City-owned parcel APN 007-462-001 to
benefit a private property owner, requiring payment of the appraised easement value of
$425.57 to comply with Article XVI, Section 6 of the California Constitution; and
WHEREAS, the City has prepared a license agreement, Exhibit “B”, to condition receipt
of payment for the appraised value of the easement, plans for PG&E’s utility installation,
and record drawings of the utilities installed within the 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. Grant of Easement Deed. The City Manager is authorized to execute the Easement
Deed, granting the easement to PG&E described and depicted in Exhibit “A” on behalf
of the City.
3. License Agreement. The City Manager is authorized to execute the License
Agreement attached hereto as Exhibit “B”, with the property owners of 1243 Huasna
Road on behalf of the City.
4. Certification and Recordation. The City Clerk shall certify to the adoption of this
Resolution and cause the Easement Deed, along with the License Agreement, to be
recorded in San Luis Obispo County’s Office of the Clerk-Recorder.
RESOLUTION NO. 2025-074
PAGE 2
5. The City Council hereby determines 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 “comm on
sense exemption”).
On motion of Council Member Guthrie, seconded by Council Member Maraviglia, and by the
following roll call vote, to wit:
AYES: Council Members Guthrie, Maraviglia, Loe, Secrest, and Mayor Russom
NOES: None
ABSENT: None
The foregoing Resolution was approved this 14th day of October, 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. 2025-074
PAGE 3
EXHIBIT A
Utility Distribution Easement (02/2020)
RECORDING REQUESTED BY AND RETURN TO:
PACIFIC GAS AND ELECTRIC COMPANY
300 Lakeside Drive, Suite 210
Oakland, CA 94612
Attn: Land Rights Library
Location: City/Uninc
Recording Fee $
Document Transfer Tax $
[ ] This is a conveyance where the consideration and
Value is less than $100.00 (R&T 11911).
[ ] Computed on Full Value of Property Conveyed, or
[ ] Computed on Full Value Less Liens
& Encumbrances Remaining at Time of Sale
[ ] Exempt from the fee per GC 27388.1 (a) (2); This
document is subject to Documentary Transfer Tax
(SPACE ABOVE FOR RECORDER'S USE ONLY)
Signature of declarant or agent determining tax
LD# 2232-13-10028 EASEMENT DEED
ARROYO GRANDE REDEVELOPMENT AGENCY, a public body, corporate and politic,
hereinafter called Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California
corporation, hereinafter called Grantee, the right from time to time to excavate for, construct, reconstruct,
replace (of initial or any other size), remove, maintain, inspect, and use facilities and associated
equipment for public utility purposes, including, but not limited to electric, gas, and communication
facilities, together with a right of way therefor, on, over, and under the easement area as hereinafter set
forth, and also ingress thereto and egress therefrom, over and across the lands of Grantor situated in the
City of Arroyo Grande, County of San Luis Obispo, State of California, described as follows:
(APN 007-462-001)
The parcels of land described and designated PARCEL 1 and PARCEL 2 in the deed from the City of
Arroyo Grande to Grantor dated June 22, 2010 and recorded June 24, 2010 as Document No.
2010029131, San Luis Obispo County Records.
The easement area is described as follows:
The strip of land of the uniform width of 10 feet, lying 5 feet on each side of the alignment of the
facilities as initially installed hereunder. The approximate locations of said facilities are shown upon
Grantee’s Drawing No. 35577504 attached hereto and made a part hereof.
Grantee agrees that on receiving a request in writing, it will at Grantor’s expense, survey, prepare and
record a “Notice of Final Description” referring to this instrument and setting forth a description of
said strip of land.
EXHIBIT A
Utility Distribution Easement (02/2020)
Grantor further grants to Grantee the right, from time to time, to trim or to cut down, without Grantee
paying compensation, any and all trees and brush now or hereafter within said easement area, and shall
have the further right, from time to time, to trim and cut down trees and brush along each side of said
easement area which now or hereafter in the opinion of Grantee may interfere with or be a hazard to the
facilities installed hereunder, or as Grantee deems necessary to comply with applicable state or federal
regulations.
Grantor also grants to Grantee the right to use such portion of said lands contiguous to said easement
area as may be reasonably necessary in connection with the excavation, construction, reconstruction,
replacement, removal, maintenance and inspection of said facilities.
Grantor hereby covenants and agrees not to place or construct, nor allow a third party to place or
construct, any building or other structure, or store flammable substances, or drill or operate any well,
or construct any reservoir or other obstruction within said easement area, or diminish or substantially
add to the ground level within said easement area, or construct any fences that will interfere with the
maintenance and operation of said facilities.
Grantor further grants to Grantee the right to apportion to another public utility (as defined in Section
216 of the California Public Utilities Code) the right to excavate for, construct, reconstruct, replace,
remove, maintain, inspect, and use the communications facilities within said easement area including
ingress thereto and egress therefrom.
Grantor acknowledges that they have read the “Grant of Easement Disclosure Statement”, EXHIBIT
“A”, attached hereto and made a part hereof.
The legal description herein, or the map attached hereto, defining the location of this utility distribution
easement, was prepared by Grantee pursuant to Section 8730(c) of the Business and Professions Code.
This document may be executed in multiple counterparts, each of which shall be deemed an original,
but all of which, together, shall constitute one and the same instrument.
EXHIBIT A
Utility Distribution Easement (02/2020)
The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective
parties hereto, and all covenants shall apply to and run with the land.
Dated: , .
ARROYO GRANDE REDEVELOPMENT
AGENCY a public body, corporate and politic
By:
Print Name:
Title:
I hereby certify that a resolution was adopted on the day of , 20 , by the
authorizing the foregoing grant of easement.
By Title
EXHIBIT A
Utility Distribution Easement (02/2020)
State of California
County of )
On , before me, Notary Public,
Insert name
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.
(Seal)
Signature of Notary Public
CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s)
[ ] Trustee(s) of the above named Trust(s)
[ ] Partner(s) of the above named Partnership(s)
[ ] Attorney(s)-in-Fact of the above named Principal(s)
[ ] Other
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
EXHIBIT A
Utility Distribution Easement (02/2020)
Pacific Gas and Electric Company
EXHIBIT “A”
This Disclosure Statement will assist you in evaluating the request for granting an easement to Pacific Gas and Electric
Company (PG&E) to accommodate a utility service extension to PG&E’s applicant. Please read this disclosure
carefully before signing the Grant of Easement.
• You are under no obligation or threat of condemnation by PG&E to grant this easement.
• The granting of this easement is an accommodation to PG&E’s applicant requesting the extension of
PG&E utility facilities to the applicant’s property or project. Because this easement is an accommodation for
a service extension to a single customer or group of customers, PG&E is not authorized to purchase any such
easement.
• By granting this easement to PG&E, the easement area may be used to serve additional customers in the
area and may be used to install additional utility facilities. Installation of any proposed facilities outside of
this easement area will require an additional easement.
• Removal and/or pruning of trees or other vegetation on your property may be necessary for the installation
of PG&E facilities. You have the option of having PG&E’s contractors perform this work on your property,
if available, or granting permission to PG&E’s applicant or the applicant’s contractor to perform this work.
Additionally, in order to comply with California fire laws and safety orders, PG&E or its contractors will
periodically perform vegetation maintenance activities on your property as provided for in this grant of
easement in order to maintain proper clearances from energized electric lines or other facilities.
• The description of the easement location where PG&E utility facilities are to be installed across your
property must be satisfactory to you.
• The California Public Utilities Commission has authorized PG&E’s applicant to perform the installation
of certain utility facilities for utility service. In addition to granting this easement to PG&E, your consent may
be requested by the applicant, or applicant’s contractor, to work on your property. Upon completion of the
applicant’s installation, the utility facilities will be inspected by PG&E. When the facility installation is
determined to be acceptable the facilities will be conveyed to PG&E by its applicant.
By signing the Grant of Easement, you are acknowledging that you have read this disclosure and understand that you
are voluntarily granting the easement to PG&E. Please return the signed and notarized Grant of Easement with this
Disclosure Statement attached to PG&E. The duplicate copy of the Grant of Easement and this Disclosure Statement is
for your records.
GRANT OF EASEMENT DISCLOSURE STATEMENT
EXHIBIT A
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Grantor's Property Line
Property Line
SCALE DATE
1 "= 70' 4 4 25
SECTION TOWNSHIP RANGE
23 32S 13E
MERIDIAN COUNTY: San Luis Obis o APPLICANT: Karina Marchese
MOM F.B.: N A DR.BY: m22f CH.BY: 13b0 Los Padres 35577504 35577504
Unless otherwise shown all courses extend to or along all boundaries or lines
Arroyo Grande
Redevelopment Agency
Doc# 2010029131
APN: 007-462-001
EXHIBIT A
LD# 2232-13-10028 PG&E DIVISION AUTHORIZ DRAWING NO.
EXHIBIT B
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
CITY OF ARROYO GRANDE
ATTN: CITY CLERK
300 EAST BRANCH ROAD
ARROYO GRANDE, CA 93420
GRANT OF LICENSE AND AGREEMENT AFFECTING REAL PROPERTY
THIS Grant of License and Agreement Affecting Real Property (“AGREEMENT”)
is entered into as of , 2025, by and between the CITY OF ARROYO
GRANDE, (“CITY”), a municipal corporation organized under the laws of the State of California,
and ROGER AND PAMELA J. MARCHESE, AND JASON AND KARINA MARCHESE
(“LICENSEE”).
WHEREAS, the CITY owns a public facility parcel in Arroyo Grande, California, San
Luis Obispo County Assessor’s Parcel No. 007-462-001, as generally depicted in Exhibit “A”
attached hereto and incorporated herein by this reference (“PROPERTY”).
WHEREAS, the LICENSEE desires to install certain utility improvements across a portion
of the PROPERTY (“STRUCTURE”).
WHEREAS, the CITY is willing to allow LICENSEE to install the STRUCTURE over the
PROPERTY so long as it does not interfere with, or cause damage to, CITY’s use, maintenance and
operation of the PROPERTY and/or the improvements located therein, and LICENSEE complies
with the terms set forth herein.
NOW, THEREFORE, in consideration of the terms and conditions contained herein, the
parties agree as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein by this
reference.
2. Grant of License. CITY hereby grants to LICENSEE a license during the Term, as
defined in Section 6 unless earlier terminated herein, to install and allow the STRUCTURE to be
placed along a portion of the length of the drainage swale, San Luis Obispo County Assessor’s Parcel
No. 007-462-001, Arroyo Grande, as depicted in Exhibit “A,” subject to the following terms and
conditions:
a. LICENSEE shall submit plans and specifications for installation of the
STRUCTURE to the CITY, no later than thirty (30) days prior to commencement of the
installation. LICENSEE shall promptly provide CITY as-built plans of the STRUCTURE
upon completion of its installation;
EXHIBIT B
b. LICENSEE may not modify the STRUCTURE without written approval
from the CITY, which may be withheld in its sole discretion. Any such modification shall
comply with any and all instructions and guidance from CITY intended to prevent
interference with or damage to the PROPERTY and improvements located therein;
c. LICENSEE shall remit payment of Four Hundred Twenty Five and 57/100
Dollars ($425.57) upon execution of this License for use of the PROPERTY as outlined
herein. Payment shall be a condition precedent to LICENSEE’s right to use the
PROPERTY and shall be deemed consideration solely for the limited license granted
herein.
d. LICENSEE agrees to pay for any and all costs for the maintenance, repair,
or replacement of the PROPERTY or any improvements located in the PROPERTY
damaged as a result of or caused by, in whole or in part, the installation of the
STRUCTURE within the PROPERTY.
e. Upon termination, revocation, abandonment or cessation of this
AGREEMENT, LICENSEE agrees, at its sole cost and expense, to restore the
PROPERTY to the substantially same condition in which it was prior to the installation of
the STRUCTURE. If LICENSEE fails to complete such restoration within thirty (30) days
following termination, CITY may perform such restoration, and LICENSEE shall
reimburse CITY for all costs incurred, together with administrative costs within 10 days’
notice.
3. No Interest in Land Granted. Nothing herein shall be deemed to grant to
LICENSEE any fee interest, leasehold, easement, or other possessory interest in the
PROPERTY, or any portion thereof, or any exclusive right or special status to negotiate or
purchase. This AGREEMENT grants a limited revocable license upon specified terms and no
more.
4. Access to Property. CITY shall have the right to use the PROPERTY at all times
so long as such use doesn’t materially and unreasonably interfere with LICENSEE’s use as
outlined herein. CITY shall also have the right, upon reasonable notice (except in the case of
emergency, in which no notice shall be required), to enter the PROPERTY for inspection,
maintenance, repair, or to ensure LICENSEE’s compliance with this AGREEMENT.
5. Indemnification. LICENSEE shall indemnify, defend (if so requested by the
CITY, and with counsel reasonably acceptable to the CITY), and hold the CITY, its elected and
appointed officers, officials, employees, agents, consultants, contractors, and assigns (severally
and collectively, any “Indemnitee”), harmless from any loss, expense or other cost (including,
without limitation, attorneys’ fees) related to any claim, action, lawsuit or other proceeding,
whether administrative, at law or in equity, brought or maintained by or on behalf of any person
or entity (other than LICENSEE or any Indemnitee) against any Indemnitee as a result of any act
Page 2
EXHIBIT B
or omission of LICENSEE and its contractors, agents, employees, and invitees relating to this
AGREEMENT, except to the extent that any such claim, action, lawsuit, or other proceeding was
caused by an Indemnitee’s gross negligence or willful misconduct. The provisions of this Section
5 shall survive the revocation or termination of this AGREEMENT.
6. Term; Revocation. This AGREEMENT shall be effective upon the date specified
above and shall terminate upon LICENSEE’s completion of the installation of the STRUCTURE
and delivery of as-built drawings (the “TERM”). Notwithstanding the foregoing, the CITY may
immediately revoke this AGREEMENT without notice for a breach of or failure to comply with
any of the terms and conditions set forth herein or if CITY, in its reasonable discretion, determines
that the actions of LICENSEE are illegal, unsafe or a liability to CITY; the CITY may revoke
this AGREEMENT without cause upon thirty (30) days written notice to LICENSEE.
Additionally, CITY may revoke this AGREEMENT upon thirty (30) days’ written notice if CITY
determines that the PROPERTY is required for a public project or other municipal purpose. Upon
revocation, LICENSEE shall restore the PROPERTY to its original condition in accordance with
Section 2(e).
7. Insurance. Prior to the commencement of installation or any maintenance,
LICENSEE shall obtain, and name the CITY as an additional insured, a policy or policies (which
may be a combination of primary coverage and umbrella policies) of commercial general liability
insurance. The limits of such insurance shall be at least Two Million Dollars ($2,000,000) in the
aggregate and shall provide coverage for limited contractual liability, premises, and personal injury
coverage.
8. Notice. Any notice which either party may desire to give to the other party under
this AGREEMENT must be in writing and may be given by personal service, delivery by a
reputable document delivery service provider (such as but not limited to Federal Express), or by
United States mail (USPS) sent Certified/Postage Prepaid/ Return Receipt Requested, and
addressed to the address of the party as set forth below or at any other address as that party may
later designate by written notice.
To CITY: City of Arroyo Grande
Attn: City Manager
300 East Branch Street
Arroyo Grande, California 93420
With copy to: Isaac Rosen
Best Best & Krieger LLP
300 South Grand Ave., 25th Floor
Los Angeles, CA 90071
To LICENSEE: Roger and Pamela J. Marchese
1243 Huasna Road
Arroyo Grande, CA 93420
Page 3
EXHIBIT B
Jason and Karina Marchese
1243 Huasna Road
Arroyo Grande, CA 93420
9. Assignment. LICENSEE shall not assign, transfer, sublicense, or encumber this
AGREEMENT or any rights hereunder without the CITY’s prior written consent, which may be
withheld in CITY’s sole discretion. Any attempted assignment without consent shall be void.
10. Compliance. LICENSEE shall comply with all federal, state, and local
environmental laws and shall not use, generate, release, or store any hazardous substances on the
PROPERTY. LICENSEE shall indemnify CITY from any claims, costs, or liabilities arising
from a violation of this Section. LICENSEE’s obligations shall survive the revocation or
termination of this AGREEMENT.
11. Binding Effect. This AGREEMENT shall be binding upon the successors in
interest to any kind to the property.
12. Attorney’s Fees. In the event of legal action to enforce the terms and conditions of
this AGREEMENT, the prevailing party shall be entitled to recover their costs, including
reasonable attorney fees.
13. Amendment. This AGREEMENT may not be amended or altered except by an
instrument in writing executed by the CITY and the LICENSEE.
14. Partial Invalidity. Any provision of this AGREEMENT that is unenforceable or
invalid or the inclusion of which would adversely affect the validity, legality, or enforcement of
this AGREEMENT shall have no effect, but all remaining provisions of this AGREEMENT
shall remain in full force.
15. Governing Law/Jurisdiction. The validity, meaning, and effect of this
AGREEMENT shall be determined in accordance with California law. Jurisdiction for any action
commenced regarding its terms of interpretations shall be in the state court of property jurisdiction
for the County of San Luis Obispo.
Page 4
EXHIBIT B
SIGNATURE PAGE TO GRANT OF LICENSE AND AGREEMENT
AFFECTING REAL PROPERTY
IN WITNESS WHEREOF, the parties have executed this agreement on the day and
year first written above.
CITY OF ARROYO GRANDE
Matthew Downing, City Manager
ATTEST:
Jessica Matson, City Clerk
APPROVED AS TO FORM:
Isaac Rosen, City Attorney
Property owner
Roger Marchese
Pamela J. Marchese
Property owner
Jason Marchese
Karina Marchese
Page 5
EXHIBIT B
EXHIBIT A
MAP OF PROPERTY
Page 6
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. 2025-074 was passed and
adopted at a regular meeting of the City Council of the City of Arroyo Grande on
the 14th day of October, 2025.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 17th day
of October, 2025.
JESSICA MATSON, CITY CLERK