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Home My WebLink AboutCC 2026-02-24_09d James Way Sewer Easement VacationItem 9.d. MEMORANDUM TO: City Council FROM: Bill Robeson, Assistant City Manager/Director of Public Works BY: Natalie Riddering, Planning and Engineering Permit Technician SUBJECT: James Way Sewer Easement Vacation DATE: February 24, 2026 RECOMMENDATION: 1) Adopt a Resolution ordering the vacation of a Sewer Easement at James Way; and 2) Find that Adopting a Resolution Vacating the Sewer Easement at 1281 James Way 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. (b)(2)-(3), 15378.); IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: No financial impact is projected. BACKGROUND: The subject 10-foot-wide public sewer easement encumbers two properties: 1271 and 1281 James Way. The sewer easement was initially established wit h the recordation of Parcel Map 79-8381 on June 25, 1982. The original recordation package contained an incorrectly plotted exhibit graphic that erroneously showed an existing sewer easement for related facilities within the easement. However, there are no sewer facilities located within this sewer easement, as shown in the updated and corrected Exhibit A and Exhibit B of the Resolution (Attachment 1). ANALYSIS OF ISSUES: The property owner of 1271 and 1281 James Way requested vacation of the erroneous ly plotted sewer easement because it does not encompass any sewer facilities. Public Works has confirmed the utilities are not located within this sewer easement. The sewer facilities serving these parcels are located within the corrected sewer easement previously approved by the City Council through adoption of Resolution No. 2025-0632. 1 https://slocountypwd.org/MapFiles/PM/PM_031/PM_031_047_001.pdf 2 http://weblink.arroyogrande.org/WebLink/DocView.aspx?id=365086&dbid=0&repo=ArroyoGrande Page 28 of 139 Item 9.d. City Council James Way Sewer Easement Vacation February 24, 2026 Page 2 Vacating this sewer easement will complete the correction of all incorrectly plotted sewer easements within 1271 and 1281 James Way 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 no longer required. Section 8333 provides that the City Council may summarily vacate a public service easement, like this sewer easement, under any of the following circumstances: 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 publ ic facilities located within the easement. In this case, the City is vacating a sewer easement that was incorrectly plotted and has been determined to be excess by the easement holder because it does not contain any city-maintained sewer facilities, pursuant to Section 8333(c). There are no other public facilities of any other entity located within the easement area, and all other requirements of the Streets and Highways Code are satisfied. Therefore, the City may vacate the sewer easement. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Adopt the Resolution; 2. Do not adopt the Resolution; or 3. Provide other direction to staff. ADVANTAGES: Vacating the excess sewer easement will correct an erroneously recorded easement, align City records with actual field conditions, and eliminate an unnecessary encumbrance on private property. This action promotes accurate public records, supports efficient infrastructure management, and finalizes the correction of sewer easement discrepancies within the James Way Shopping Center. DISADVANTAGES: The primary disadvantage is the permanent loss of a dedicated utility corridor, which reduces the City’s future flexibility to install new infrastructure in that location without negotiating a new, likely more costly easement. Further, because the vacation is based on existing utility records and field verification, any unknown or undocumented facilities could present future maintenance or coordination challenges. In addition, processing the Page 29 of 139 Item 9.d. City Council James Way Sewer Easement Vacation February 24, 2026 Page 3 vacation, including staff time, legal review, and recording fees, results in a minor fiscal impact associated with correcting a historical mapping error. ENVIRONMENTAL REVIEW: Adopting a Resolution Vacating the Sewer Easement at James Way 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. (b)(2)-(3), 15378.) 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 30 of 139 ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ORDERING THE VACATION 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 (the “Easement”) to be vacated is a ten-foot wide (10’) easement shown on Parcel D of Lot 5 of Tract No. 604 of Parcel Map No. 79-838 in 1982, described in Exhibit “A” and depicted in Exhibit “B”, 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 excess, not needed for public utility purposes, and there are no utilities or public improvements located within the easement to be vacated; 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 summary vacation procedures set forth in California Streets and Highways Code section 8330 et seq., as the Easement to be vacated is excess, not required for public utility purposes, and there are not public facilities located within the Easement area. The City Council hereby orders the vacation of the Easement and any and all interests that the City may have therein. From and after the date the Resolution is recorded, the Easement no longer constitutes a public service easement. 3. Environmental Review. The City Council hereby determines that the summary vacation of the easement is not a project subject to the California Environmental Q uality Page 31 of 139 RESOLUTION NO. PAGE 2 Act (“CEQA”) because it has no potential to result in either direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.) Alternatively, the vacation of the 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).) 4. Effective Date. This Resolution shall take effect upon adoption. 5. Recordation. The City Clerk shall cause a certified copy of this Resolution of vacation, attested by the City Clerk under seal, to be recorded without acknowledgement, certificate of acknowledgement, or further proof in the Office of the San Luis Obispo County Clerk-Recorder. Pursuant to California Streets and Highways Code Sec tion 8336, no fee shall be charged for recordation. On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 24th day of February, 2026. Page 32 of 139 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 33 of 139 Page 1 of 1 C:\0-WORK FILES\0-CFryE&S_Inc\CFry Jobs\00101_AG-James Way (Sheppel Meadow Creek)\WORKING\sewer easement #2 Vacation 31PM47.docx Exhibit “___” Legal Description for Sewer Easement Vacation A 10-foot strip of land located in the City of Arroyo Grande, County of San Luis Obispo, State of California offered for dedication and shown as “10’ PUBLIC SEWER LINE ESMT. PER THIS MAP” on Parcel Map No. AG 79-838 filed January 29, 1982 in Book 31, Page 47 of Parcel Maps in the office of the County Recorder of said County. Containing: 4,330 square feet, more or less Legal Description prepared by or under the supervision of: _________________________1/14/2026 Cristi E. Fry, LS 8356 date 2/14/2026 A Page 34 of 139 Page __ of __ EXHIBIT “____” 8/20/24 NOTE: TO REMAIN - 10' SEWER LINE EASEMENT SHOWN AND DEDICATED ON PARCEL MAP NO. AG 82-35, PER MAP RECORDED 6/25/1982 IN BOOK 32, PAGE 31 OF PARCEL MAPS VACATE: ENTIRETY OF 10' PUBLIC SEWER LINE EASEMENT DEDICATED ON PARCEL MAP NO. AG 79-838, PER MAP RECORDED 1/29/1982 IN BOOK 31, PAGE 47 OF PARCEL MAPS (SEE CL COURSES HEREON) CL COURSES OF SEWER ESMT 1 N 20°15'04" E 351.28' 2 N 72°49'37" W 57.24' 3 N 32°25'00" E 24.50' 1 2 3 2/14/2026 1 1 PARCEL MAP NO. AG 79-838 B C Fry Engineering & Surveying Inc PO Box 444 Cayucos, CA 93430 805-550-0361 Page 35 of 139