CC 2017-07-25_09l Approval of Easements for Lot Merger 15-004
MEMORANDUM
TO: CITY COUNCIL
FROM: TERESA MCCLISH, DIRECTOR OF COMMUNITY DEVELOPMENT
BY: ROBIN DICKERSON, CITY ENGINEER
SUBJECT: CONSIDERATION OF APPROVAL OF AN EASEMENT AGREEMENT
FOR THE RELOCATION OF AN EXISTING PUBLIC UTILITY
EASEMENT AND ACCEPTANCE OF AN IRREVOCABLE AND
PERPETUAL OFFER OF DEDICATION FOR A PUBLIC UTILITY,
STREET TREE, AND FIRE HYDRANT EASEMENT FOR LOT MERGER
15-004
DATE: JULY 25, 2017
RECOMMENDATION:
It is recommended the City Council adopt a Resolution 1) approving an agreement for
the relocation of an existing public utility easement, and 2) accepting an irrevocable and
perpetual offer of dedication for a public utility, street tree, and fire hydrant easement for
Lot Merger 15-004.
SUMMARY OF ACTION:
As part of the previous approval for a hotel at 325 East Branch Street, the applicant is
required to relocate an existing public utility easement from under the proposed
building. A relocated Public Utility Easement is necessary for installation and
maintenance of public utilities, street trees adjacent to the City right-of-way, and on site
fire hydrants.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
No impacts to financial or personnel resources are anticipated.
BACKGROUND:
On February 16, 2016, the Planning Commission approved Lot Merger 15-004 and
Conditional Use Permit 15-007 for the construction of a hotel located at 325 East
Branch Street.
ANALYSIS OF ISSUES:
The easement will provide access for the repair and maintenance of utilities, street
trees, and fire hydrants and is consistent with the project approval.
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CITY COUNCIL
CONSIDERATION OF APPROVAL OF AN EASEMENT AGREEMENT FOR THE
RELOCATION OF AN EXISTING PUBLIC UTILITY EASEMENT AND ACCEPTANCE
OF AN IRREVOCABLE AND PERPETUAL OFFER OF DEDICATION FOR A PUBLIC
UTILITY, STREET TREE AND FIRE HYDRANT EASEMENT FOR LOT MERGER 15-
004
JULY 25, 2017
PAGE 2
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
Adopt the attached Resolution accepting the easement agreement for relocation
of existing public utility easement and an irrevocable and perpetual offer of
dedication for public utility, street tree and fire hydrant easement for Lot Merger
15-004 located at 325 East Branch Street.
Modify and adopt the attached Resolution accepting the easement agreement for
relocation of existing public utility easement and an irrevocable and perpetual
offer of dedication for public utility, street tree, and fire hydrant easement for Lot
Merger 15-004 located at 325 East Branch Street.
Do not adopt the attached Resolution and instead provide direction to staff.
ADVANTAGES:
This action is consistent with and substantially conforms to conditions of approval for
Conditional Use Permit 15-007 and Lot Merger 15-004 and will provide benefits to the
City by allowing access on to private property for specified purposes.
DISADVANTAGES:
There are no disadvantages.
ENVIRONMENTAL REVIEW:
In accordance with the California Environmental Quality Act (CEQA), a Mitigated
Negative Declaration was prepared and adopted for Lot Merger 15-004 and Conditional
Use Permit 15-007 by the Planning Commission on February 16, 2016.
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.
Item 9.l. - Page 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE APPROVING AN EASEMENT
AGREEMENT FOR RELOCATION OF EXISTING PUBLIC
UTILITY EASEMENT AND ACCEPTING AN
IRREVOCABLE AND PERPETUAL OFFER OF
DEDICATION FOR PUBLIC UTILITY EASEMENT,
STREET TREE EASEMENT AND FIRE HYDRANT
EASEMENT FOR LOT MERGER 15-004
WHEREAS, the Planning Commission of Arroyo Grande adopted a Mitigated Negative
Declaration and approved Lot Merger 15-004 and Conditional Use Permit 15-007 by
Resolution No. 16-2244 on February 16, 2016; and
WHEREAS, the conditions of approval required the relocation of the existing public
utility easement; and
WHEREAS, the conditions of approval also required the dedication of a Public Utility
Easement, street tree easement and fire hydrant easement; and
WHEREAS, accepting the dedication easements will provide access for the repair and
maintenance of utilities and street trees.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Arroyo
Grande does hereby approve an easement agreement for the relocation of existing
public utility easement and authorizes the Mayor to execute the agreement and accept
an irrevocable and perpetual offer of dedication for public utility easement, street tree
easement, and fire hydrant easement and authorizes the Mayor to execute the
certificate of acceptance, as shown in Exhibits A and B, attached hereto and
incorporated herein by this reference.
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 25th day of July, 2017.
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RESOLUTION NO.
PAGE 2
JIM HILL, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
JAMES A. BERGMAN, CITY MANAGER
APPROVED AS TO FORM:
HEATHER K. WHITHAM, CITY ATTORNEY
Item 9.l. - Page 4
1
L:\17831 AG Branch Street Hotel-NKT\Survey\Merger 15-004\5x-Blanket PUE\PUE Agreement_A.doc
RECORDING REQUESTED BY
AND WHEN RECORDED
RETURN TO:
City of Arroyo Grande
City Clerk
P.O. Box 550
Arroyo Grande, CA 93421
EASEMENT AGREEMENT FOR RELOCATION OF EXISTING PUBLIC UTILITIES
EASEMENT
THIS AGREEMENT, is made this day of 2017; by Harshad
Panchal and Vina Panchal, Anil Panchal and Kamina Panchal, and Raj Panchal and
Urvashi Panchal; hereinafter called “Offeror”, and the City of Arroyo Grande, a
California municipal corporation, hereinafter called “City”.
WHEREAS, Offeror desires to record Lot Merger 15-004 for a Conditional Use Permit
(CUP) 15-007, a hotel project within the service area of the City; and,
WHEREAS, on December 1, 2015, the City Planning Commission approved Lot Merger
15-004 and CUP 15-007 to merge six (6) lots for the development of a fifty-four (54)
room boutique hotel and associated improvements; and
WHEREAS, City owns the current easements located on Offeror’s property; and,
WHEREAS, Offeror is required to relocate existing public utilities easements to
construct the project in a manner consistent with approval; and,
WHEREAS, Offeror desires to offer necessary easements and City desires to release
interest in certain easements.
NOW, THEREFORE, said Offeror and City hereby covenant, promise and agree as
follows:
1. The Offeror is the owner of the property described in Exhibit A.
2.The Offeror does hereby irrevocably and in perpetuity offer to City the public
utilities easement over the area depicted in Exhibit B. The purpose of said
easement shall include installation, operation, inspection, maintenance and
replacement of the project dry utilities.
3. The City, in order to facilitate the release, shall vacate and abandon all interest in
the area depicted on Exhibit C, being a portion of that “Blanket Public Utilities
Easement (Onsite Utilities)” as described in Document 2014-009402, located
within Parcel 2 of Lot Merger 12-001, effective upon City acceptance of new
public utilities easement over the area depicted on Exhibit B.
21st April
EXHIBIT A
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EXHIBIT B 21stApril Item 9.l. - Page 15
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the IRREVOCABLE AND
PERPETUAL OFFER TO DEDICATE dated April 21, 2017 from Harshad Panchal
and Vina Panchal, Anil Panchal and Kamina Panchal, and Raj Panchal and
Urvashi Panchal, to the CITY OF ARROYO GRANDE, municipal corporation, is hereby
accepted by Resolution of the City Council of the City of Arroyo Grande on July 25,
2017, and the City consents to recordation thereof by its duly authorized Mayor.
Dated: ___________________________________
CITY OF ARROYO GRANDE
By ______________________________________
JIM HILL, MAYOR
ATTEST:
__________________________________________
KELLY WETMORE, CITY CLERK
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