CC 2020-01-28_08i Resolution Accepting Easement for Emergency Access_995 E Grand Ave
MEMORANDUM
TO: CITY COUNCIL
FROM: BILL ROBESON, ACTING COMMUNITY DEVELOPMENT DIRECTOR
BY: ANDREW PEREZ, ASSISTANT PLANNER
SUBJECT: CONSIDERATION OF A RESOLUTION ACCEPTING AN EASEMENT
FOR EMERGENCY ACCESS AT 995 EAST GRAND AVENUE
DATE: JANUARY 28, 2020
SUMMARY OF ACTION:
Acceptance of the emergency access easement will provide access to the religious facility
at 995 E. Grand Avenue consistent with the conditions of approval for the project.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
No impacts to financial or personnel resources are anticipated.
RECOMMENDATION:
It is recommended that the City Council adopt a Resolution accepting an easement for
emergency access for Conditional Use Permit 18-005, located at 995 E. Grand Avenue.
BACKGROUND:
On November 6, 2018, the Planning Commission approved a Conditional Use Permit to
establish a 12,500 square foot religious facility, 1,500 square foot neighborhood coffee
shop, and a 2,628 square foot commercial lease space. The location of the structures on
site necessitate the dedication of an emergency access easement to protect the
structures in the event of an emergency. Therefore, a condition of approval was added to
require the developer to dedicate an easement to the City for emergency access.
ANALYSIS OF ISSUES:
Acceptance of the easement is consistent with the project’s approval. The easement will
allow for emergency access across the property lines.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the Resolution accepting an Emergency Access Easement;
2. Modify and adopt the Resolution accepting an Emergency Access Easement;
3. Do not adopt the Resolution; or
4. Provide direction to staff
Item 8.i. - Page 1
CITY COUNCIL
CONSIDERATION OF A RESOLUTION ACCEPTING AN EASEMENT FOR
EMERGENCY ACCESS AT 995 EAST GRAND AVENUE
JANUARY 28, 2020
PAGE 2
ADVANTAGES:
The easement will allow emergency access to the property in accordance with the
Planning Commission approval of the project.
DISADVANTAGES:
No disadvantages have been identified.
ENVIRONMENTAL REVIEW:
Acceptance of the easements has been determined to be categorically exempt from the
California Environmental Quality Act (CEQA), per Section 15061(b)3 of the CEQA
Guidelines.
PUBLIC NOTIFICATION AND COMMENT:
The Agenda was posted at City Hall and on the City website in accordance with
Government Code Section 54954.2.
Item 8.i. - Page 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ACCEPTING AN EASEMENT FOR
EMERGENCY ACCESS FOR CONDITIONAL USE PERMIT
18-005; LOCATED AT 995 E. GRAND AVENUE
WHEREAS, the Planning Commission approved Conditional Use Permit 18-005 on
November 6, 2018 to establish a religious facility, neighborhood coffee shop, and additional
lease space in the existing building at 995 E. Grand Avenue; and
WHEREAS, conditions of approval required the dedication of an Emergency Access
Easement; and
WHEREAS, accepting the dedicated easement will provide for emergency access to the
property; and
WHEREAS, the City Council has reviewed the item in compliance with the California
Environmental Quality Act (CEQA) and has determined it is exempt from CEQA per Section
15061(b)3 of the CEQA Guidelines.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande
hereby accepts the emergency access easement as shown in Exhibit "A", attached hereto
and incorporated herein by this reference.
On 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 this 28th day of January, 2020.
Item 8.i. - Page 3
RESOLUTION NO.
PAGE 2
______________________________________
CAREN RAY RUSSOM, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
______________________________________
JAMES A. BERGMAN, CITY MANAGER
APPROVED AS TO FORM:
______________________________________
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 8.i. - Page 4
RECORDING REQUESTED BY:
ANDRE, MORRIS, & BUTTERY PC
WHEN RECORDED MAIL TO:
Andre, Morris & Buttery PC (WVD)
P.O. Box 730
San Luis Obispo, CA 93406-0730
APN's: 077-223-061, 062 and 064 Space Above this Line For Recorder's Use
GRANT OF EMERGENCY ACCESS EASEMENT AGREEMENT
THIS GRANT OF EMERGENCY ACCESS EASEMENT AGREEMENT
("Agreement"), is made as of the date last set forth below opposite signatures, by and between
Kent N. Allen and Robin R. Allen, Trustees of The Allen Family Trust 1998 u/t/a June 17, 1988,
hereinafter referred to as "Grantor" and the City of Arroyo Grande, a California municipal
corporation, hereinafter referred to as "City".
RECITALS
A.Condition #28 of the Resolution of the Planning Commission of the City of
Arroyo Grande Approving Conditional Use Permit 18-005 requires the grant of an easement for
emergency vehicle access.
B.The Allen Trust is the owner of certain real property described as 995 Grand
Avenue, Arroyo Grande, California, Parcel A of Parcel Map AG 72-251, and as more
particularly set forth on Exhibit "A" ("The 995 Parcel"), and the real property described as 973
Grand A venue, Arroyo Grande, California, Parcel 1 of Parcel Map AG 73-468, and as more
particularly set forth on Exhibit "B" (the "973 Parcel"). The 995 Parcel and the 973 Parcel are
referred to individually as a "Parcel'', and collectively as the "Parcels" or the "Property."
C.Said Grantor desires to grant to the City, an easement over a portion of the 995
Parcel that will allow for access by emergency vehicles, on the terms and conditions set forth
herein.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and promises set forth
herein, and for good and other valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
1. Grant of Emergency Access Easement. That said Grantor does hereby grant
to City, and City hereby accepts from Grantor, a non-exclusive, perpetual easement for ingress
and egress over and across the portion of the 995 Parcel described in Exhibit "C" (the "Easement
Area") by all government personnel, vehicles and equipment for the purpose of emergency and
safety response, including but not limited to fire and rescue, police, and ambulance. Such
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EXHIBIT A
Item 8.i. - Page 5
Item 8.i. - Page 6
easement shall not permit access by the general public or any use or purpose other than ingress
and egress of emergency vehicles on official business.
2 . Character and Use of Easement. The easement described above shall be non-
exclusive and in gross. Provided, however, the easement rights granted to the City herein shall
be paramount and superior to the right of Grantor.
3. Prohibited Activities within Easement. Within said easement, for the
purposes of ensuring unobstructed emergency access, the construction, or placement of any
temporary or permanent structure, parking, equipment, or material storage, or any other activity
that would impede emergency access shall be prohibited.
4. Term. The easement will be an easement in perpetuity for the benefit of City, its
successors and assigns.
5. Successors and Assigns. The provisions of this Agreement are intended to
and will run with the land referenced herein and will bind, be a charge upon and inure to the
benefit of the respective owners of the subject property and their successors and assigns.
6. Attorney's Fees. If any legal action or proceeding arising out of or relating
to this Agreement is brought by either party to this Agreement, the prevailing party shall be
entitled to receive from the other party, in addition to any other relief that may be granted, the
reasonable attorney's fees, costs and expenses incurred in the action or proceeding by the
prevailing party.
7. Governing Law and Venue. This Agreement shall be construed and enforced in
accordance with, and governed by, the laws of the State of California. The parties hereto agree
that all actions or proceedings in connection with this Agreement shall be tried and litigated in
the Superior Court located in the County of San Luis Obispo, State of California.
8. Severability. If any term or provision of this Agreement is determined to be
illegal, unenforceable, or invalid in whole or in party for any reason, such illegal, unenforceable,
or invalid provision or part thereof shall be stricken from this Agreement, and such provision
shall not affect the legality, enforceability, or validity of the remainder of the Agreement. If any
provision or part thereof of this Agreement is stricken in accordance with the provisions of this
section, then such stricken provision shall be replaced, to the extent possible, with a legal,
enforceable, and valid provision that is as similar in tenor to the stricken provision as is legally
possible.
9. Counterparts. This Agreement may be executed in two or more counterparts,
each of which will be deemed an original, but all of which together will constitute one and the
same instrument.
10. Authority of Parties . All persons executing this Agreement on behalf of a party
warrant that they have the authority to execute this Agreement on behalf of that party.
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IN WITNESS WHEREOF, this Grant of Emergency Access Easement Agreement is
hereby executed by the said Gran tor and City as of the day and year written below.
Grantor:
�
Family Trust 1998 ult/a June I 7,
1998
-j-A-� ,1'/<Lb�Kent N. Allen, Trustee I '
�� \A...£ . � 1 1rv.::. tu.
�R. Allen, Trustee
Date:
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City:
City of Arroyo Grande:
Caren Russom, Mayor
ATTEST:
Kelly Wetmore, City Clerk
APPROVED AS TO FORM:
Timothy J. Carmel, City Attorney 3 Item 8.i. - Page 7
Item 8.i. - Page 8
EXHIBIT "A"
LEGAL DESCRlPTION OF 995 PARCEL
Parcel A of Parcel Map AG 72-251 , in the City of Arroyo Grande, County of San Luis Obispo,
State of California, according to map re corded September 12, 1972 in Book 9, Page 53 of Parcel
Maps, in the office of the County Recorder of said County.
APN 077-223 -061 and 077-223-062
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Item 8.i. - Page 9
EXHIBIT "B"
LEGAL DESCRIPTION OF 973 PARCEL
Parcel 1 of Parcel Map AG 73-468, in the City of Arroyo Grande, County of San Luis Obispo,
State of California, according to map recorder November 23, 1973 in Book 13, Page 14 of Parcel
M aps, in the office of the County Recorder of said County.
APN 077-223 -064
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Item 8.i. - Page 10
EXHIBIT"C "
EMERGENCY ACCESS EASEMENT
A portion of Parcel A of Parcel Map AG 72-251 as shown on the map thereof recorded
September 12, 1972, in Book 9, Page 53 of Parcel Maps in the office of the County Recorder,
County of San Luis Obispo, State of California, described as follows:
Beginning at the southwest corner of said Parcel A , also being a point a long the
easterly right-of-way of Alder Street;
Thence along said right-of-way N 21 °08'00" E, 24.06 feet;
Thence leaving said right-of-way, S 48°27'00" E, 32.25 feet;
Thence S 69°52'05" E , 60.12 feet;
Thence S 83°01 '05" E, 43.47 feet;
Thence N 64°23'41" E, 35.49 feet, to the line common to Parcel 1 of Parcel Map
Parcel Map AG 73-468 as shown on the map thereof recorded November 23, 1973, in Book
13, Page 14 of Parcel Maps of said County;
Thence, along said common line, S 28°49'54" W , 50.79 feet, to th e southeasterly line
of said Parcel A ;
Thence along the southwesterly line thereof, N 68°52'00" W , 150.00 f eet to the Point
of Beginning and containing 2 ,906 square feet more or less and as shown on Exhibit C2
attached hereto and by reference made a part hereof.
END DESCRIPTION
Prepared by:
Date: 4/3/18
Item 8.i. - Page 11
839 OR 511 I
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PARCEL A
PM AG 72-251
g PM 53
EXHIBIT C1
0 15 30
I I I I I I I I I Feet
1560 OR 223
PARCEL 1
PM AG 73-468
13 PM 14
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LOT 3
FO LSOM
TRACT
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Grant of Emergency
Access Easement Agreement, dated _________ between Kent N. Allen and Robin R.
Allen, Trustees of The Allen Family Trust 1998 u/t/a June 17, 1988 and the CITY OF
ARROYO GRANDE, a municipal corporation, is hereby accepted by order of the City
Council of the City of Arroyo Grande pursuant to authority conferred by order of the City
Council of the City of Arroyo Grande on January 28, 2020, and the grantee consents to
recordation thereof by its duly authorized Mayor.
Dated: ___________________________________
CITY OF ARROYO GRANDE:
By ______________________________________
CAREN RAY RUSSOM, MAYOR
ATTEST:
__________________________________________
KELLY WETMORE, CITY CLERK
Item 8.i. - Page 12