ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: C5
Prepared by:
Erin Adams, Management Analyst
Fred Tafaghodi, Senior Engineer Meeting Date: February 28, 2023 Approved by:
Greg Mayer, City Engineer
Amanda Lee, Acting City Manager Agenda Location: Consent Calendar SUBJECT: ACCEPTANCE OF IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR SUNSET DRIVE REALIGNMENT (APN 168-030-44-00)
RECOMMENDATION: Adopt City Council Resolution No. 2023- , authorizing the Mayor to accept an Irrevocable Offer to Dedicate Real Property for the Sunset Drive Realignment (APN 168-030-44-00).
CORRELATION TO CITY COUNCIL GOALS: Routine operational item not directly corresponding to a specific City Council goal.
PRIOR ACTION: None.
STATEMENT ON THE SUBJECT: The subject Irrevocable Offer to Dedicate Real Property (IOD) was dedicated to the County of San Diego for public highway purposes as Recorded Document No. 86-213480 on May 29, 1986. The IOD area is an 84-foot-wide strip of land on the parcel identified as Assessor Parcel Number (APN) 168-030-44-00, located south of the 78 freeway where S. Emerald Drive turns into Sunset Drive and meets Sky Haven Lane at the City of Vista’s border with the City of Oceanside. A Vicinity Map is included as Exhibit 3. At the time of dedication, the parcel was in the County of San Diego’s unincorporated area, and later, in 1989, was annexed into the City of Vista.
The owner-developer of a 7.8-acre tract of land in the adjacent City of Oceanside’s jurisdiction is currently processing a subdivision map with the City of Oceanside to develop a condominium project of 48 townhomes. This development site is south of the IOD area. Their plan is to vacate the existing alignment of Sunset Drive that “dips” southward and is in Oceanside’s city limits, and with Vista’s acceptance of the IOD, realign this portion of Sunset Drive to a more flattened curve along the southern boundary of APN 168-030-44-00. This realigned portion of Sunset Drive will then be in the City of Vista’s jurisdiction. The developer will construct all street improvements for the new Sunset Drive realignment, including a new traffic signal at Sunset Drive and Sky Haven Lane. After the new realigned segment of Sunset Drive is constructed in Vista’s city limits, the City of Vista will maintain the new segment as part of its public street system. The City of Oceanside has agreed to maintain the new traffic signal at Sky Haven Lane.
California Government Code Section 7050 specifies that an offer of dedication shall be irrevocable and may be accepted at any time by the City Council of the city within which the affected real property is located at the time of acceptance. Staff recommends that the City Council accept the Irrevocable Offer to Dedicate Real Property.
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
02/28/2023 C5 1 of 9
Approved above recommendation, adopted City Council Resolution No. 2023-14.
Vote: 5-0
MEETING DATE: February 28, 2023 PAGE 2
SUBJECT: ACCEPTANCE OF IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR SUNSET DRIVE REALIGNMENT (APN 168-030-44-00)
FISCAL IMPACT: There is no direct fiscal impact associated with the staff recommendation of accepting the IOD. Once the new realigned section of Sunset Drive has been constructed in the City's jurisdiction, the estimated maintenance cost is $8,000/year and sufficient funds are available in Public Works Service Contract Account (No. 1060410.521040).
EXHIBITS:
1. City Council Resolution No. 2023- , authorizing the Mayor to accept an Irrevocable Offer to Dedicate Real Property for the Sunset Drive Realignment (APN 168-030-44-00)
2. Irrevocable Offer to Dedicate Real Property 86-213480
3. Vicinity Map
02/28/2023 C5 2 of 9
RECORDING REQUESTED BY:
CITY OF VISTA
WHEN RECORDED MAIL TO:
CITY OF VISTA
200 CIVIC CENTER DRIVE
VISTA, CA 92084-6275
ATTN: CITY CLERK
Fee Exempt: Government Code Section 27383
RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, AUTHORIZING THE MAYOR TO ACCEPT AN
IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR THE
SUNSET DRIVE REALIGNMENT (APN 168-030-44-00)
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. In 1986, when this area was still part of the unincorporated area of the County of San Diego ("County"), the property owner of APN 168-030-41 (now APN 168-030-44-00) granted the County an Irrevocable Offer to Dedicate Real Property ("IOD")for strip of land, 84- feet wide, for public highway (street) purposes. This IOD was recorded on May 29, 1986 as Document No. 86-213480.
B. Acceptance of this IOD is necessary for the realignment of this section of Sunset Drive.
C. California Government Code Section 7050 specifies that an offer of dedication shall be irrevocable and may be accepted at any time by the city council of the city within which the affected real property is located at the time of acceptance.
D. The City now desires to accept the Irrevocable Offer to Dedicate Real Property, recorded on May 29, 1986 as Document No. 86-213480.
2. Action.
A. The City Council accepts the Irrevocable Offer to Dedicate Real Property, recorded on May 29, 1986 as Document No. 86-213480.
B. The City Clerk, or her agent, is hereby authorized and instructed to record a copy of this Resolution in the Office of the County Recorder of San Diego County. 000912673 EXHIBIT 1
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Resolution No. 2023-
Location: Sunset Drive, Vista CA (APN 168-030-44-00)
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on February 28, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
JOHN B. FRANKLIN, MAYOR
APPROVED AS TO FORM: ATTEST:
WALTER CHUNG, CITY ATTORNEY KATHY VALDEZ, CITY CLERK By: By:
APPROVED
Walter C.Chung
20230216210425
000912673
02/28/2023 C5 4 of 9
WHEI1 RECORDED, PLEASE MAIL
THIS INSTRUMENT TO: 811— 13480
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Clerk,Board of Supervisors
San Diego County Administration Censer i98S HAT �� E 1600 Pacific Highway
San Diego,California 92101 f' YA kt(L S R RECORpi:�REQUEST OF DEPT.GENERAL SERVICES NO FEE '
NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDERS USE ONLY all I�
irrevocable Offer To Dodicate Real Property E
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ST. CROIX VILLASAssesso +
Project OCEANSIDE TM12-86
No �030-441 W.0. No. TE2851 ,w
Parcel No. 86-0193-6
Log No. 156-11 -•
PAUL L. LEUSCHNER and LYDIA E. LEUSCHNER, husband and wife hereinafter designated Grantor(s), represent that they are ihe owner(s) of the hereinafter described real property, and for a valuable consideration hereby make(f) an Irrevocable Offer of Dedication of the hereinafter des- cribed real property for the following public purpore:
PUBLIC HIGHWAY +�■"
The real property referred to above is situated in the unincorporated area of the County of San Diego,State of California, and Is more particularly described as follows:
Parcel No. 86-0193-A (05-13-86) (ENG:HN:tbe)
A strip of land 84.00 feet wide lying within that portion of Lot 1" of RANCHO AQUA HEDIONDA, in the City of Oceanside, County of San Diego, State of California, according to Partition Map No. 823, filed in the Office of the County Recorder on November 16, 1896, included in that land described in deed to Paul L. Leuschner, et ux, filed in said County Recorder's Office ` on February 27, 1970 at File/Page No. 70-036454, lying 42.00 feet on each side of the following described centerline:
COMMENCING at Southwesterly corner of Vista Tract No. 81-1 Map No. 10769, on file in said County Recorder's Office; thence Westerly along the Westerly prolongation of the Southerly line thereof, South 85051114" West, 00.42 feet to a point on the arc of a non-tangent 500.00 foot radius curve, concave Northerly, a radial line to said point bears South 42045'17" East, said point being the TRUE POINT OF BEGINNING; thence Southeasterly along the r arc of said curve, through a central angle of 60420'27", a distance of 526.57 feet; thence tangent to said curve, North 72°24'50" East, 236.19 too- feet to a tangent 500.00 foot radius curve, concave Southerly; thence Northeasterly along the arc of said curve, through a central angle of 4505312411, a distance of 400.47 feet to the POINT OF TERMINUS. 4 CCSF,85.3Z M77
EXHIBIT 2
02/28/2023 C5 5 of 9
` 2294
The Grantor hereby further offers to the County of San Diego the privilege and right to extend drainage structures E and excavation and embankment slopes beyond the limits of the herein described right-of-way where required for the construction and maintenance of said County Highway. RESERVING unto grantor of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof,when in the written opinion of the County and/or District Engineer of Grantee, the necessity therdm Is removed by substi- tuting other protection, support and/or drainage facility, provided such subWtutlon is first approved in writing by said Engineer(s).
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The Grantor hereby further offers to Grantee all trees,growths(growing or that may hereafter grow),and road building ■ materials within said righ"f-wary, including the right to take water,together with the right to m the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction,reconstruct i tion,improvement or maintenance of said highway.
lE
The Grantor, for himself, his successors and assigns, hereby waives any ctilm for any and all damages to Grantor's C s remaining property contiguous to the right-olvay hereby conveyed by reason of the location, construction, land- scaping or maintenance of said highway.
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02/28/2023 C5 6 of 9
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' (Acknowledgment
Attorney-Ire-Fact) ( M
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STATE OF CALIFORNIAJ SS I `
COUNTY OF SAN QIEBO f
( On this x0 tff day of
1-1,41 a in the year 19 $ P before me, ROBERT
D. ZMAM 3u`nty Clerk an ex-6171clo Clerk ofthe Superior Couffmin and for said County,; I which is a court of record having a seal personallyappeared a 4A w1 Oc So-v
an-d-proved to me on the oasis or satisfactory evidence to e pers whose name subscribed to the within Jpstrumen�, as the Attorney(s$ in fact Mho ex_cuted the i withili strument on behalf of VAUL LEuSCIM A,JQ j ' �/A �. L.4E e n ac now agge o me a e„ subscribedlop e name s ,o u ESQ �✓�
L 4 Mr. c E*
theretwas pr nc pa s an own name eyEM in ac . t WITNESS my hand and seal.
ROBERT Q. ZUMWALT 4t w ''
County Clerk and Ex-officio Clerk "'
of the Superior Court
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02/28/2023 C5 7 of 9
This Offer of Dedication is made pursuant to Section 7050 of the Government Code of the State of California and may be accepted at any time by the city council of the city within which such real property is located at the time of acceptance or, if located in the unincorporated territory, by the Board of Supervisors of the County of San Diego.
This Offer of dedication may be terminated and the right to accept the offer may be abandoned in accordance with the summary vacation procedures in Section 8300 et Seq. of the Streets and Highways Code of the State of California. The termination and abandonment may be made by the city council of the city in which the real property is located, or if located in unincorporated territory, by the Board of Supervisors of San Diego County.
This Offer of Dedication shall be it I III revocable and shalt be binding on the Grantor(s) r �� heirs, executors, administrators, successors and assigns. t In witness Whereof, the Grantor(s) caused this Dedication to be executed this o ay o /Yi t s Irrevocable Of19er f PAUL L. e09CIMER.
az Mn `•"J5c4-(4-
L DIA E. U&MCHNER
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I certify on behalf of the Board of Supervisors of the County of San Diego pursuant to authority conferred by Resolution of said Board adopted on March 20, 1979, that the County of San Diego consents to the making of the foregoing Irrevocable Offer and consents to recordation thereof by its duly authorized officer. " Dated A
CCSF, 85.32, 10/85 FRANK C. DEMLINQ, 1)ePUVD1rocW Real Property Mmagament Division
oepadmw of(9"M Services
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02/28/2023 C5 8 of 9
VICINITY MAP
ACCEPTANCE OF IRREVOCABLE OFFER OF REAL PROPERTY
FOR SUNSET DRIVE REALIGNMENT
4 - IOD AREA
tS� WITHIN YELLOW
ARN 168 030-44
DOTTED SHAPE
` w; t `• , '>� *� �. BLUE LINE _ CITY
BOUNDARIES -
CITY OF VISTTA k
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•�s ° CITY OF OCEAN SIDE �.
HIGHWAY 79
SIPS` \�aOP ORW �cp�aJ
FUTURE
. DEVELOPMENT �O� wwcno eurna MIA ca[[x
SITE CITY OF VISTA a
F +URE OCEAN 1 1 EVE OPME RIv
Gg�f-t-BLS �a
N NOT TO SCALE-BOUNDARIES SHOWN ARE APPROXIMATE `""ECALA�A CITY OF CARLSBAO CITY
OF 'CITY 57A
OCEANSIDE pgC�
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S�OQWR/0GE �
MUNICIPAL BOUNDARY
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CII?'OF C4IPLS80 acs�,rio,R
t I� +�T T/�tl�n NOT TO SCALE
EXHIBIT 3 ,lli �
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