Agenda Item No. 4
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: June 10, 2024 FROM: Matthew Bronson, City Manager
PREPARED BY: Greg Ray, Public Works Director/City Engineer Gabriel Munoz-Morris, Senior Engineer
SUBJECT: Acceptance of a Sidewalk Easement at 550 Farroll Road
RECOMMENDATION
Accept a sidewalk easement from a private development at 550 Farroll Road to ensure public use of new sidewalk infill.
BACKGROUND
Wavedivision Holdings, LLC., commonly known as Astound purchased the property at 550 Farroll Road in 2023 to develop a vacant lot into a broadband communications hub and server farm. This facility will ensure connectivity of a recently constructed high-speed fiber network citywide, which provides access to high-speed internet for businesses and residences in Grover Beach.
Staff reviewed the development application and conditioned the construction of new public improvements including new concrete curb and gutter, sidewalk, and driveway apron per City standards. To maintain the established alignment for existing sidewalk improvements along the south side of Farroll Road, the newly constructed sidewalk was conditioned to be installed at the same offset from the roadway centerline as previous sidewalk improvements. Locating the sidewalk improvements in this area results in a portion of the sidewalk falling outside the roadway Right-of-Way. To correct this issue and ensure public use of the sidewalk, the property owner is required to grant an easement for sidewalk purposes over the portion of the property where the new sidewalk will be constructed. The project team has prepared the attached sidewalk easement to allow for public use of the new sidewalk.
Staff recommends accepting this easement, which will be recorded by the applicant, to ensure that approximately 210-feet of new sidewalk infill can be achieved along Farroll Road at no cost to the City. This new sidewalk infill aligns with the Council’s policy on sidewalk infill along major streets like Farroll Road by extending the current sidewalk network while maintaining the established street section of Farroll Road.
FISCAL IMPACT
This recommended action has no fiscal impact.
Staff Report: Acceptance of a Sidewalk Easement at 550 Farroll Road Page 2 June 10, 2024
ALTERNATIVES
The Council has the following alternatives to consider:
1. Accept a Sidewalk Easement at 550 Farroll Road; or,
2. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Sidewalk Easement
Recording Requested By and
When Recorded Mail Document to:
WaveDivision Holdings, LLC
650 College Road East
Suite 3100
Princeton, NJ 08540
Attn: Bree Urban
(Space Above This Line Reserved for Recorder's Use)
APN: 060-541-006
SIDEWALK EASEMENT
This Sidewalk Easement (this "Agreement") is made and entered into as of the date of last signature below (the "Effective Date"), by and between WAVEDMSION HOLDINGS, LLC, a Delaware limited liability company ("Grantor"), and the CITY OF GROVER BEACH, a California municipal entity ("City").
A. Grantor is the fee simple owner of that certain real property located in the City of Grover Beach, County of San Luis Obispo, State of California, having a street address of 550Farroll Road, Grover Beach, California 93433, and having San Luis Obispo County Assessor's Parcel No. 060-541-006 (the "Property").
B, The northern edge of the Property abuts the southern edge of the public right-of-way commonly known as Farroll Road (the "Public ROW").
C. Pursuant to Planning Commission Resolution No.23-12, approving Grantor's Development Application for the Property (the "Development Application"), Grantor is required to perform frontage improvements along the northern edge of the Property, including the installation of curb, gutter and sidewalk improvements.
D. In connection with those frontage improvements, the City is requiring that Grantor establish an easement for sidewalk purposes on the northern edge of the Property, as more specifically described in and depicted on Exhibit A hereto (the "Easement Area").
NOW THEREFORE, Grantor hereby grants and conveys to the City, acting in its governmental capacity as the owner and operator of the Public ROW, a perpetual easement (the "Sidewalk Easement") for sidewalk purposes over, across and upon the Easement Area.
The Sidewalk Easement is intended to touch and concern the Property, and shall run with title to the Property and be binding on Grantor's successors in title to the Property. The Sidewalk Easement is intended to be appurtenant to and benefit the Public ROW.
Accordingly, notwithstanding the perpetual nature of the Sidewalk Easement, should the Public ROW ever be vacated or relocated, such that the Easement Area no longer abuts a public right-of-way, the Sidewalk Easement shall automatically expire and terminate upon the effective date of such vacation or relocation.
SIDEWALK EASEMENT
WaveDivision Holdings, LLC / City of Grover Beach
pg. 1
05/30/2024
Attachment 1
IN WITNESS WHEREOF, the parties, intending to be legally bound hereby, have duly executed this Agreement for the purposes and consideration expressed in it and delivered this Agreement as of the dates set forth below.
GRANTOR: CITY:
WAVEDIVISION HOLDINGS, LLC, a
Delaware limited liability company
CITY OF GROVER BEACH, a California
municipal entity
By:
Name: Name:
Date: Date:
[The remainder of this page is intentionally Left blank.]
SIDEWALK EASEMENT
WaveDivision Holdings, LLC / City of Grover Beach
pg. 2
05/30/2024
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF OREGON
COUNTYOF LcliqCol v'-
openrson/aVii/y/A(a)/p6e:#s(xJ"hrYm'ew2u4pobcexf0xrteu:ime:,'wh'o satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted. executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Oregon that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
OFFICIALSTAMP
CATHERINE HELEN HETH
W %OT/l,\,,::CO-.OREWON
MY OOMMle@ION ffiXPIRffi8 MAY 07. 2027
SIDEWALK EASEMENT
WaveDivision Holdings, LLC / City of Grover Beach
pg. 3
05/30/2024
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On 2024, before me,
personallyappeared who provedto
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
SIDEWALK EASEMENT
WaveDivision Holdings, LLC / City of Grover Beach
pg. 4
05/30/2024
Sheet 1 of 2 of Exhibit “A”
EXHIBIT “A”
0.018 Acres (763 sq. ft.), more or less
Legal Description
A portion of Lots 21 and 22 in Block 2 of the Map of Resubdivision No. 3 of Part of Lot 1 of Pismo Beach Gardens, in the City of Grover Beach, County of San Luis Obispo, State of California, according to the map recorded July 15, 1926 in Book 3, Page 77 of Maps, in the office of the County recorder of said County; Said land being the same as set forth and described in that certain Notice of Lot Merger dated February 14, 2024 and recorded February 15, 2024 as Instrument No. 2024003935, Official Records, in the office of the County recorder of said County;
Beginning at a found 1 inch iron pipe with tag stamped “LS 4059” marking the Northeast corner of said Lot 21, according to the Record of Survey filed in Book 26, Page 33 of Licensed Surveys, in the office of the County recorder of said County, said point being on the Southerly Right of Way line of Farroll Road (50 feet wide);
Thence along the Easterly line of said Lot 21, South 22° 15’ 37” West, 3.00 feet to a point 3.00 feet distant, when measured at right angles to said Southerly Right of Way line; Thence parallel with and 3.00 feet Southwesterly of said Southerly Right of Way line, North 67° 38’ 35” West, 152.24 feet;
Thence South 57° 21’ 17” West, 4.88 feet to a point 7.00 feet distant, when measured at right angles to said Southerly Right of Way line;
Thence parallel with and 7.00 feet Southwesterly of said Southerly Right of Way line, North 67° 38’ 35” West, 34.16 feet;
Thence North 12° 38’ 43” West, 4.88 feet to a point 3.00 feet distant, when measured at right angles, to said Southerly Right of Way line;
Thence parallel with and 3.00 feet Southwesterly of said Southerly Right of Way line, North 67° 38’ 35” West, 13.12 feet to the Westerly line of said Lot 22; Thence along said Westerly line of Lot 22, North 22° 23’ 02” East, 3.00 feet to said Southerly Right of Way line of Farroll Road;
Thence along said Southerly Right of Way line, South 67° 38’ 35” East, 205.12 feet to the point of beginning of this description and there terminating.
Containing 0.018 acres (763 sq. ft.) more or less.
The bearings and distances shown herein are based on the California State Plane Coordinate System of 1983, Zone 5, NAD83(2011), Epoch 2010.00, as realized locally by field observed ties to the following National Geodetic Survey (NGS) Continuously Operating Reference Stations (CORS) with network accuracy estimates per FGDC Geospatial Positioning Accuracy Standards:
Sheet 2 of 2 of Exhibit “A”
Point Northing (usFT) Easting (usFT) FGDC (95% conf,cm) Standard Deviation (cm) Horiz Ellip SD N SD E SD h
P513 2,163,030.37 5,767,197.35 0.18 0.56 0.08 0.07 0.29 P523 2,309,259.75 5,708,342.52 0.15 0.46 0.06 0.06 0.23 The Combined Scale Factor and Convergence Angle for this description were calculated at said 1 inch iron pipe with tag stamped “LS 4059” marking the Northeast corner of said Lot 21 and have the following values:
Northing: 2,238,183.17 usFT
Easting: 5,776,910.14 usFT
Elevation: 31.10 feet (City of Grover Beach)
Datum: NAD83(2011), Epoch 2010.00
Convergence Angle: - 1° 29' 45.21”
Combined Grid Factor: 0.99994622
Divide the distances herein by the Combined Grid Factor to obtain ground distances.
As shown on the plat “A-1” attached hereto and made a part hereof.
End of description.
______________________________
Skye M. Thomas, P.L.S. 9688
Date Signed: May 22, 2024