HomeMy WebLinkAboutItem 4 - Tract 3011 Abandonment of a portion of a Sewer and Bikeway Easement
Department Name: Community Development
Cost Center: 4003
For Agenda of: February 16, 2021
Placement: Consent
Estimated Time: N/A
FROM: Michael Codron, Director of Community Development
Prepared By: Dan Van Beveren, Senior Civil Engineer
SUBJECT: TRACT 3011 – ABANDONMENT (VACATION) OF A PORTION OF A
SEWER AND BIKEWAY EASEMENT
RECOMMENDATION
1. Adopt a resolution (Attachment A) approving a termination and abandonment of a right to
accept a portion of an offer of dedication for sewer line and bikeway easements as referenced
on the Phase 1 map (Attachment B) for Tract 3011 and recorded by separate document
(Attachment C); and
2. Authorize the Director of Community Development to review and approve the limits of the
termination and an abandonment of a right to accept a portion of an offer of dedication based
on the design for sewer and bikeway facilities with consideration of the final review and
approval by the Army Corps of Engineers.
DISCUSSION
Background
Prado Business Park, also known as Tract 3011, is a planned commercial development located
on the south side of Prado Road, east of South Higuera Street, in the southern part of the City
(see Vicinity Map, Attachment D). A vesting tentative map for Tract 3011 was approved by the
City Council on November 3, 2009 and includes a six-lot subdivision with five commercial lots
and one open space lot.
The Phase 1 final map for Tract 3011 was recorded on July 28, 2014. This map created a
detention basin lot and a remainder lot to be subdivided with Phase 2 in accordance with the
tentative map. The Phase 1 map shows an offer of dedication of a blanket sewer and bikeway
easement across a large area in the southern portion of the tract and is further described in the
Irrevocable and Perpetual Offer to Dedicate Public Sewer and Bikeway Easement, attached as
Attachment C, recorded on July 28, 2014 as Instrument No. 2014-030184. This blanket easement
was established to ensure that a sewer line and a bicycle path would be built within the tract in
the future. At the time the Phase 1 map was recorded, a blanket easement was necessary because
the final alignments of both the sewer line and the bicycle path had not yet been determined at
the time of map recordation.
Item 4
Packet Page 13
Tract 3011 contains several areas that have been identified as federal wetlands, under the
jurisdiction of the Army Corps of Engineers (ACOE). To develop the site in a manner consistent
with the tentative map, some of the wetland areas will need to be graded and filled in. Any work
within the federal wetlands requires a permit known as a Section 404 permit to be issued by the
ACOE. To mitigate for the loss of wetland area, the ACOE is requiring the developer to record a
wetland easement of at least 0.97 acres on the site. That wetland easement will restrict any
development within the defined easement area including installation of a bike path and a sewer
line.
The ACOE has noted the presence of the recorded offer of dedication for a blanket bikeway and
sewer line easement, which currently overlaps the proposed wetland easement. The ACOE will
only issue the Section 404 permit once the offer to dedicate a blanket sewer line and bikeway
easement is terminated and right to accept such offer is abandoned from the proposed wetland
easement area. The proposed location of the partial termination and abandonment of the right to
accept an offer to dedicate such blanket easement, and the relative locations of the proposed bike
path and sewer line are shown in the graphic included as Attachment E. Terminating the offer to
dedicate and the right to accept such dedication of the portion of the blanket easement from the
proposed wetland easement area will not have any negative effect on the continued development
of the site and the ultimate completion of the public sewer main extension and bikeway
construction.
Action
Staff is recommending that Council adopt a resolution terminating an offer to dedicate and
right to accept a portion (the wetland easement area portion) of an offer of dedication for a
blanket sewer and bikeway easement. With the alignment of the bike path and the sewer line
now more clearly defined, there is no risk in vacating the wetland area from the existing blanket
offer of dedication for a sewer and bikeway easement. Proceeding with the vacation will
facilitate the process for the developer to obtain a Section 404 permit from the ACOE, and to
proceed with the final design and required permitting for site development.
Next Steps
Upon completion of the recommended Council action, the applicant will finalize and submit a
permit application to the ACOE. Based on final review and comments from the ACOE, slight
revisions to the precise location of the wetland easement may result. At that time, a document
known as a summary vacation will be drafted, and a definition of the precise area of vacation
will be included in that documents. Recommendation #2 allows the Community Development
Director to approve and sign the summary vacation document once it is finalized.
Policy Context
Per Section 7050 of the Government Code, an “offer of dedication may be terminated and the
right to accept such offer abandoned in the same manner as is prescribed for the summary
vacation of streets or highways” commencing with Section 8300 of the Streets and Highways
Code. Such termination or vacation requires City Council’s approval. (Cal. Gov’t Code § 7050.)
Item 4
Packet Page 14
The proposed partial vacation of the offer of dedication of the blanket sewer and bikeway
easement satisfies the criteria for a summary vacation per Section 8330 of the Streets and
Highways Code. The procedures for summary vacation are outlined in Sections 8335 and 8336
of the Streets and Highways Code, which require that Council adopt a resolution of vacation and
that the resolution be recorded. Staff’s proposed process and Resolution (Attachment A) adhere
to the Streets and Highways Code required procedure. Summary vacation proceedings do not
require public notice or hearing.
Public Engagement
Public engagement was completed with the approval of the Tentative Map.
CONCURRENCE
The Utilities Director and Public Works Director both concur with the recommended action.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: N/A Budget Year: N/A
Funding Identified: N/A
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A
State
Federal
Fees
Other:
Total N/A
There is no fiscal impact associated with the termination and abandonment of the right to accept
an existing offer of dedication.
Item 4
Packet Page 15
ALTERNATIVES
Council could elect to not approve the partial vacation of the offer of dedication of a blanket
sewer and bikeway easement, and request to have this item returned at a later date. This approach
would likely result in the denial of the ACOE Section 404 permit due to the lack of formal
indication from the City that it is willing to vacate the portion of the blanket easement
overlapping the wetland easement. This alternative is not recommended, as there is no practical
reason for keeping the portion of the offer of dedication which will not be needed for sewer or
bikeway purposes in the recorded document.
Attachments:
a - Draft Resolution
a - Exhibit to the Resolution - Legal Description and Plat
b - Phase 1 Final Map for Tract 3011
c - Recorded Offer of Dedication for Sewer and Bikeway Purposes
d - Vicinity Map
e - Blanket Easement & Wetland Area
Item 4
Packet Page 16
R ______
RESOLUTION NO. _____ (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, TERMINATING AND ABANDONING A RIGHT
TO ACCEPT A PORTION OF AN OFFER TO DEDICATE A SEWER AND
BIKEWAY EASEMENT
WHEREAS, Prado Business Park, known as Tract 3011, is a planned commercial
development located at 301 Prado Road in the southern portion of the City of San Luis Obispo;
and
WHEREAS, a vesting tentative map for Tract 3011 was approved by the City Council on
November 3, 2009 by Resolution No. 10124; and
WHEREAS, the vesting tentative map shows a six-lot subdivision, including five
commercial lots and one open space lot; and
WHEREAS, the Phase 1 final map for Tract 3011 was recorded on July 28, 2014, and
shows an offer of dedication of a blanket sewer and bikeway easement by separate document
across a large area in the southern portion of the tract; and
WHEREAS, Tract 3011 contains several areas that have been identified as federal
wetlands, under the jurisdiction of the Army Corps of Engineers; and
WHEREAS, site development of Tract 3011 will require grading and filling of some of
the identified federal wetlands if the site is to be developed in a manner consistent with the tentative
map; and,
WHEREAS, grading and filling of federal wetlands requires a Section 404 permit to be
issued by the Army Corps of Engineers; and,
WHEREAS, the Army Corps of Engineers has indicated that it will issue a Section 404
permit allowing the grading and filling of federal wetlands conditioned upon the recording of a
permanent wetland easement preserving approximately 0.97 acres of federal wetlands on site; and
WHEREAS, the proposed location of the permanent wetland easement is within the
boundaries of the offer of dedication for the blanket sewer and bikeway blanket easement described
herein and as shown on the Phase 1 final map for Tract 3011; and
WHEREAS, the Army Corps of Engineers will not approve the permanent wetland
easement and therefore issue the Section 404 permit unless the portion of the offer of dedication
for sewer and bikeway easement is terminated and the right to accept such offer abandoned from
the proposed area of the permanent wetland easement; and
Item 4
Packet Page 17
Resolution No. _____ (2021 Series) Page 2
R ______
WHEREAS, terminating and abandoning the right to accept a portion of the offer to
dedicate a blanket easement from the proposed wetland area will not have any negative effect on
the continued development of the site and the ultimate completion of the public sewer main
extension and bikeway construction.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The above recitals are true and correct and incorporated herein by this
reference.
SECTION 2. Pursuant to Section 7050 of the California Government Code and Section
8300 et seq. of the California Streets and Highways Code, this Council finds and determines that
a portion of an offer of dedication for sewer and bikeway purposes as shown on Phase 1 of Tract
Map 3011, in the City of San Luis Obispo, County of San Luis Obispo, State of California as
recorded in Book 34 of Tract Maps at Pages 68-70 in the Office of the County Recorder of said
County, and recorded by separate document, as being more particularly described as shown on
Exhibit A attached hereto and incorporated herein, is not necessary for present or future sewer or
bikeway purposes.
SECTION 3. This Council hereby orders the summary vacation of said portion of offer of
dedication subject to:
1. A final exhibit provided to the City of San Luis Obispo showing the ultimate
configuration of the area in which the offer to dedicate is terminated and the right to
accept is abandoned, as endorsed by the Army Corps of Engineers.
2. The Director of Community Development’s approval of the final legal description and
plat of the area in which the offer to dedicate is terminated and the right to accept is
abandoned based on the design for sewer and bikeway facilities with consideration of
the final review and approval by the Army Corps of Engineers.
Item 4
Packet Page 18
Resolution No. _____ (2021 Series) Page 3
R ______
SECTION 4. Upon notification from the Director of Community to the City Clerk that the
conditions prescribed in Section 3 have been met, the City Clerk shall cause a certified copy of the
Resolution of Abandonment, duly attested under the seal of the City, to be recorded in the Office
of the San Luis Obispo County Recorder.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2021.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on ___________________________.
____________________________________
Teresa Purrington
City Clerk
Item 4
Packet Page 19
EXHIBIT E‐1
LEGAL DESCRIPTION
WETLANDS OPEN SPACE EASEMENT
A PORTION OF THE REMAINDER LOT OF TRACT 3011 – PHASE 1, AS SHOW ON THE MAP RECORDED IN
BOOK 34 OF MAPS AT PAGES 68‐70 IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO,
STATE OF CALIFORNIA, MORE PARTICULAR DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY MOST CORNER OF THE REMAINDER LOT OF TRACT 3011,
RECORDED IN BOOK 34, PAGES 68‐70 OF MAPS;
THENCE NORTH ALONG THE EASTERLY LINE OF SAID REMAINDER LOT, NORTH 1°16’05” EAST, 15.00
FEET; THENCE LEAVING SAID EASTERLY LINE, NORTH 87°56’58”W, 45.00 FEET, TO THE TRUE POINT OF
BEGINNING;
THENCE WESTERLY PARALLEL WITH AND 15.00 FEET NORTHERLY OF THE SOUTHERLY LINE OF SAID
REMAINDER LOT, NORTH 87°56’58” WEST, 238.22 FEET;
THENCE NORTH 47°08’22” WEST, 37.90 FEET, TO THE EASTERLY LINE OF A 10 FOOT EASEMENT,
RECORDED BOOK 303, PAGE 159 OF OFFICIAL RECORDS;
THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID 10 FOOT EASEMENT, NORTH 2°35’18” EAST,
128.20 FEET, TO THE NORTHERLY LINE OF THE OPEN SPACE DESCRIBED IN “B‐1” AND SHOWN ON “B‐2”
ATTACHED HERETO;
THENCE ALONG THE NORTHERLY LINE OF SAID OPEN SPACE EASEMENT, NORTH 56°37’53” EAST, 14.62
FEET;
THENCE CONTINUING ALONG THE NORTHERLY LINE OF SAID OPEN SPACE EASEMENT, NORTH 55°44’31”
EAST, 101.75 FEET;
THENCE CONTINUING ALONG THE NORTHERLY LINE OF SAID OPEN SPACE EASEMENT, NORTH 37°15’30”
EAST, 36.33’,
THENCE CONTINUING ALONG THE NORTHERLY LINE OF SAID OPEN SPACE EASEMENT, SOUTH 88°01’35”
EAST, 67.57 FEET;
THENCE CONTINUING ALONG THE NORTHERLY LINE OF SAID OPEN SPACE EASEMENT, SOUTH 81°28’24”
EAST, 47.96 FEET;
THENCE CONTINUING ALONG THE NORTHERLY LINE OF SAID OPEN SPACE EASEMENT, SOUTH 42°28’50”
EAST, 46.65 FEET, TO THE WESTERLY LINE OF A PUBLIC UTILITY EASEMENT, RECORDED JULY 28, 2014, AS
INSTRUMENT NUMBER 2014‐030185;
EXHIBIT A
Item 4
Packet Page 20
THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID PUBLIC UTILITY EASEMENT, SOUTH 1°16’05”
WEST, 212.81 FEET, TO THE TRUE POINT OF BEGINNING.
CONTAINING APPROXIMATELY 58,954 SQUARE FEET
THE ABOVE DESCRIBED PROPERTY IS GRAPHICALLY SHOWN ON EXHIBIT “E‐2” ATTACHED HERETO AND
INCORPORATED HEREIN BY REFERENCE.
Item 4
Packet Page 21
Item 4
Packet Page 22
Item 4Packet Page 23
Item 4Packet Page 24
Item 4Packet Page 25
Item 4
Packet Page 26
Item 4
Packet Page 27
Item 4
Packet Page 28
Item 4
Packet Page 29
Item 4
Packet Page 30
Item 4
Packet Page 31
Item 4
Packet Page 32
Item 4
Packet Page 33
Item 4
Packet Page 34