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Anaheim, CA 92805
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CITY COUNCIL AGENDA REPORT
City of Anaheim
DEPARTMENT OF PUBLIC WORKS
DATE: SEPTEMBER 9, 2025
FROM: DEPARTMENTS OF PUBLIC WORKS AND ECONOMIC
DEVELOPMENT
SUBJECT: PRIVATE SEWER EASEMENT AGREEMENT FOR AND ACROSS
CITY-OWNED LAND AND PROPOSED SUMMARY VACATION OF
PUBLIC UTILITY EASEMENTS LOCATED ON ASSESSOR
PARCEL NUMBERS 258-011-32, 258-011-33, 258-031-02, 258-031-12, AND 258-031-13 (ABA2025-00440; GENERALLY LOCATED AT 200
NORTH BEACH BOULEVARD)
ATTACHMENT (Y/N): YES ITEM # 10
GOVERNMENT CODE § 84308 APPLIES: YES
RECOMMENDATION:
That the City Council:
1. By Motion, approve the Sewer Easement Agreement, in substantial form, between the City of Anaheim, Zelman 39 Commons Partners, LLC, and private property owners (collectively referred to as the Dinh family); authorize de minimis changes that do not substantially change the terms and conditions of the Sewer Easement Agreement, as determined by the City Attorney’s Office; authorize the Director of Economic Development to execute the agreement; and direct the City Clerk to release the Easement Deed for recording with Orange County Recorder Office; and
2. By Resolution, according to California Streets and Highways Code section 8330 et seq., vacate two Public Service Easements located on APNs 258-011- 32, 258-011-33, 258-031-02, 258-031-12, and 258-031-13, as described in Exhibit A and as shown in Exhibit B of the attached Resolution.
DISCUSSION:
Sewer Easement Agreement for and Across City-Owned Land Zelman 39 Commons Partners, LLC is planning to construct a commercial retail center at 200 North Beach Boulevard. This development will impact several properties along Beach Boulevard, north of Lincoln Ave, including property owned by the City. In connection with this project, the affected property owners—Zelman, the Dinh family, and the City— desire to terminate a 1978 Easement Deed and its associated rights. To replace it, a new Sewer Easement Agreement (“Agreement”) is required to establish the terms and conditions for the grant of a perpetual, non-exclusive, and reciprocal sewer easement that will run with the land and benefit all involved properties.
Private Sewer Easement Agreement for and across City-Owned land and Proposed Summary Vacation of Public Utility Easements Located at APNs 258- 011-32, 258-011-33, 258-031-02, 258-031-12, and 258-031-13 (ABA2025-00440) September 9, 2025
As part of the Agreement, the City will grant the Dinh family a non-exclusive easement across a portion of City-owned land and receive a non-exclusive easement over an adjoining portion of the Zelman property. This Agreement will ensure continuity of sewer facilities and allow for future coordination between property owners. Importantly, the Agreement is not for a public sewer or utility easement; it is a private facility among property owners that defines easement rights, clarifies maintenance responsibilities, and supports the infrastructure needs of current and future development in the area.
Summary Vacation of Public Utility Easements located on Assessor Parcel Nos. 258-011-32, 258-011- 33, 258-031-02, 258-031-12, and 258-031-13 (ABA2025-00440) The applicant, Zelman 39 Commons Partners, LLC, has requested that the City vacate two (2) Public Service Easements to clear title to land in conjunction with the construction of a 211,511 square feet commercial retail center consisting of five buildings totaling 21,654 square feet. The two Public Service Easements are comprised of (1) a 2-foot-wide easement for public utility purposes dedicated to the City in 1985 on Tract Map No. 11830, and (2) a 15-foot by 22-foot easement for water facilities granted to the City by deed in 1990. The 2-foot-wide easement is located partially on a property that is not part of the proposed retail center project. The vacation request applies to the entirety of both easements, including the portion extending onto the adjacent parcel.
The recommended vacation meets the criteria for a summary vacation in accordance with the Streets and Highways Code because the two Public Service Easements have been determined to be unutilized and excess by the City, and there are no other public facilities located within either easement area. The request has been reviewed by the Public Works and Public Utilities Departments, and there are no objections to the proposed vacation. As a condition of the development process, the owner will be obligated to provide new public utility easements.
IMPACT ON BUDGET:
There is no budgetary impact. City Council Policy No. 5.5 waives the requirements of compensation to the City when the abandonment meets the criteria for a summary vacation. Therefore, the City has no compensable interest in the easements.
Respectfully submitted, Concurred by,
Rudy Emami Sergio M. Ramirez
Director of Public Works Director of Economic Development Attachments:
1. Sewer Easement Agreement
2. Resolution for Abandonment with Exhibits
3. Property Sketches