ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: C7
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: SUMMARY VACATION OF SEWER EASEMENT AT 1559 N. SANTA FE AVENUE (APN 161-052-02-00)
RECOMMENDATION: Adopt City Council Resolution No. 2023- , authorizing and approving the summary vacation of a public sewer easement at APN 161-052-02-00.
CORRELATION TO CITY COUNCIL GOALS: Routine operational item not directly corresponding to a specific City Council goal.
PRIOR ACTION: None.
PRIOR PLANNING COMMISSION ACTION: On May 4, 2021, adopted Planning Commission Resolution No. 2021-06, approving a site development plan to construct 60 apartment units on a vacant 1.26-acre site located at 1559 N. Santa Fe Avenue (APN 161-052-02-00) (Vote: 7-0).
STATEMENT ON THE SUBJECT: The subject vacation area is that of a 1957 Easement for Sewer Lines and Appurtenances recorded on April 4, 1957, as Document No. 50204, Book 6522, Page 492 of Official Records of San Diego County (“Easement”) on the property at 1559 N. Santa Fe Avenue (APN 161-052- 02-00), which is being privately redeveloped. A vicinity map is included in Exhibit B of Exhibit 1.
The Easement was granted to the Vista Sanitation District (“VSD”) when the property was part of the unincorporated area of San Diego County and covered a sewer lateral for the property’s connection to the public sewer main pipeline in N. Santa Fe Avenue. The City of Vista succeeded VSD operations upon VSD’s dissolution in 1983. The old buildings that were located on the property have since been demolished and the sewer lateral line was abandoned. Today, sewer laterals are typically considered private property and the City does not acquire a public sewer easement for them. The sewer pipelines for the property’s new development will be privately maintained. Therefore, the City no longer needs this 1957 Easement.
California Streets and Highways Code Section 8333(c) authorizes the City to approve the summary vacation if the easement has been determined to be excess by the easement holder, and there are no other public facilities located within the easement. The proposed public sewer easement vacation meets this criteria, and staff recommends approval of the summary vacation.
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
02/28/2023 C7 1 of 9
Approved above recommendation, adopted City Council Resolution No. 2023-16.
Vote: 5-0
MEETING DATE: February 28, 2023 PAGE 2
SUBJECT: SUMMARY VACATION OF A SEWER EASEMENT AT 1559 N. SANTA FE AVENUE (APN 161-052-02-00)
FISCAL IMPACT: The applicant, Multi-Family Investment Partners 1, LP, paid the $3,686.29 easement vacation fee, which was deposited to the Engineering Fees Revenue Account (No. 0010032.433000); thus, there is no direct fiscal impact associated with the staff recommendation.
EXHIBITS:
1. City Council Resolution No. 2023- , authorizing and approving the summary vacation of a public sewer easement at APN 161-052-02-00
2. Easement for Sewer Lines and Appurtenances recorded on April 4, 1957 02/28/2023 C7 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: Streets and Highways Code Section 8336 a
RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, AUTHORIZING AND APPROVING THE SUMMARY VACATION OF A PUBLIC SEWER EASEMENT AT 1559 N. SANTA FE AVENUE (APN 161-052-02)
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. An Easement for Sewer Lines and Appurtenances was granted to the Vista Sanitation District and recorded on April 4, 1957 as Document No. 50204, Book 6522, Page 492 of Official Records of San Diego County ("Easement"). This Easement is located on the property at 1559 N. Santa Fe Avenue, identified as San Diego County Assessor Parcel Number(APN) 161-052-02.
B. The Easement covered an old sewer lateral pipeline, which has since been deactivated and abandoned. The Easement to be vacated is described in Exhibit "A" and shown in Exhibit "B".
C. California Streets and Highways Code Section 8333(c) authorizes the City of Vista to approve the summary vacation of a public service easement if the easement has been determined to be excess by the easement holder and there are no other public facilities located within the easement, and this sewer easement vacation meets this criteria.
2. Action.
A. The City Council finds and determines that there is no present or prospective need for the portion of public sewer easement described in Exhibit "A" and shown in Exhibit"B".
B. From and after the date this Resolution is recorded in the Office of the San Diego County Recorder, that portion of the sewer easement described in Exhibit "A" and shown in Exhibit"B" is hereby vacated and no longer constitutes a public sewer easement.
C. The City Clerk, or her agent, is hereby authorized to record said Resolution in the Office of the San Diego County Recorder.
000912673 EXHIBIT 1
02/28/2023 C7 3 of 9
SUMMARY VACATION OF A PUBLIC SEWER EASEMENT AT 1559 N. SANTA FE APN: 161-052-02
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
20230216212723
000912673
02/28/2023 C7 4 of 9
EXHIBIT "A"
LEGAL DESCRIPTION - SEWER EASEMENT
VACATION
THAT PORTION OF LOT 8 OF SEC. 13, TOWNSHIP 11 SOUTH, RANGE 4 WEST, S.B.B. & M., IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 8; THENCE NORTH 89' 35' WEST, 369.32 FEET TO THE CENTER LINE OF ROAD SURVEY NO. 362; THENCE SOUTH 25' 25' EAST, 184.32 FEET ALONG SAID CENTER LINE; THENCE SOUTH 89' 35' EAST, 290.59 FEET TO THE EASTERLY BOUNDARY OF SAID LOT 8; THENCE NORTH 0° 08'WEST, 165.91 FEET TO THE POINT OF BEGINNING; SAID EASEMENT BEING THE SOUTHERLY 8.00 FEET OF THE HEREINABOVE DESCRIBED PARCEL EXCEPT THEREFROM THE EASTERLY 62.54 FEET OF SAID PARCEL. SAID EASEMENT BEING ALSO THE WESTERLY
8.00 FEET OF THE EASTERLY 62.54 FEET OF THE HEREINABOVE DESCRIBED PARCEL.
PLAT ATTACHED HERETO AND MADE A PART HEREOF.
LAND
�47
712612021
JOHN. . VAN RYN, P.L.S. 9342 DATE NO. 9342
EXPIRES 3.31.23
EXP. 03/31/23
OF CA���`��"
EASEMENT VACATION
PORT. LOT 8, ROS NO. 2478
P E 1 OF 2
EXHIBIT "B"
PLAT - SEWER EASEMENT VACATION
1559 N SANTA FE AVE, APN: 161-052-02
LD21-057, PC20-0231, GP21-015, DWG-4652
a�F E BWER DR
PORTION OF LOT 1 SECTION 1J, 1:11 S., PORTIA R.4 W., S.B.M. PER R.O.S. NO. 15505
APN: 161-052-01 AVE.
"/CINITY Op"'
NOT TO SCALE N89° 28' 13.92"W, 342.11'
N89° 28' 13.92"W, 8.00'
\ rn
w
Lo
zo in co
rn rn
\ r-� Lo
Lo w
PORTION OF LOT 8 I t
s° SECTION 13, T.11 S., w
w '�
�w Lo
R.4 W., S.B.B.M. PER
s R.O.S. NO. 17089 Ln
0 APN: 161-052-02 0 o 0 0
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6 ` o o I
8 7 co
00 1
20 N89° 32' 18.72"W, 204.04'
N89° 32' 18.72"W, 208.23'
1 N89° 32' 18.72"W, 262.77' N
PORTION OF LOT 8 SECTION 13, T.11 S.,
R.4 W., S.B.M. PER R.O.S. NO.17089 / C
APN: 161-052-04 V V C
5�
S
SCALE: 1" = 50'
EASEMENT VACATION AREA 0 50 100
LA ND S�
Ol AN EASEMENT FOR SEWER PIPELINES ���' A. VAN �GF ,
AND/OR MAINS, MANHOLES AND INCIDENTAL
PURPOSES, RECORDED APRIL 4, 1957 IN
BOOK 6522, PAGE 493 IN FAVOR OF VISTA NO. 9342
SANITATION DISTRICT.
* EXP. 03/31/23
SQUARE FOOTAGE OF
VACATION AREA: 2,945 S.F. OF CA��``��
712612021
CITY OF VISTA JOHN A. VAN RYN, P.L.S. 9342 DATE EASEMENT VACATION EXPIRES 3.31.23 PORT. LOT 8, ROS NO. 2478
R E V I E W E ) P E 2 OF 2
e
4261
Za—' amen# for' Sewer Lines and Appurtenances
Xww An Men by These peareaaw:... . .RAMIRlZ, a .widow, _.............. ..........................._...._.........._............_....... .........._..........._...._.__..... ....................................,.........._.................I ehe uttdatsigeted, hnsiaafter d ,aad Grantx, owner a{ the hasin.fter daanbed lands, for and in consideration of w w w w.. w rw w w w w..w.....w._...w......w ......................... . .......co..............................�.. .r.. •.......................... .. � y ........ ...�
in hated paid by the hereinafter dasigur d Gratrtee, or an its behalf, and other valuable consideration the receipt of which move• taty and ocher eoasidesatm is hereby admowfedged, don hereby grant and convey m......._Yiita Sanitation District ...................................................I............................................ herein designated Grantee,a pnpetual as®ent and tight of way upon, through, under,over and across the hereinafter dcscr$cd real ppr�operty for the installation, construction,operation,maintenance, repair, replacment, and reconstruction of sewer pipe lines and/or mares,manholes,sewer lateral pipe lines,and all structures incidenW thereto, er with the perpetual right to remove buildings,structures,trees,bushes,undergrowth,flowers,and any other obstruction interfering with the use of said easement and tight May by Grantee,its successors or assigns.
To have and to hold said easement and right of way unto itself and unto its nLccrssors and assigns forever.
The real property referred to hereinabove and made subject to said easement and right of way by this grant is situated in the County of San Diego,State of CAMO nia, and is particularly dcsaibtd as follows:
That portion of Lot 8 of $94. `13, Township 11 South,Range 4 West, S.B.B. &M., in the County of San Diego, State of California, described as follows a
Beginning at the Northeasterly corner of said Lot al thence North 89e35' Meat, 369.32 feet to the center line of Road Survey No. 362; thence South 25424' ]last, 184.32 feet along said center line) thence South 89035e East, 290.59 feet to the Easterly boundary of said Lot B; thence North 0008' Nest, 165.91 feet to the point of baginningi
said easee&snt being the Southerly 8.CC feet of the herainabove described parcel except therefrom the Easterly 62.!A feet of said parcel. Said easement being also the westerly 8.00 feet of the Easterly 62.54 foot of the harainabove described parcel.
EXHIBIT 2
02/28/2023 C7 7 of
. �0 C�tarl0nr Inay at his own rat um th6 maim of du show duagod mal paoparty In a maraaat these will not fsilCf I, wish or be detrimmtd to the am of aid euamant ad t&of way by'i'=atm,he amatory bad anigaa,and may at hb awn rick fem aid real property with gaga to at trot to tartlet ietgsea or ep n by Mid Grab % fes n oorason and w4 u, along said eoemerst and s l of way,w amid G may at his awn risk miss the staff ce of said real property for agrsculatral pturpoms provided no trees The Gnuatae hereby comma and agrees fm hfmadf,his heirs,ex«utws, wacceuan and aaaigtu,cleat there shall not be tona>ztseted or mairetaErard upon the above described real{��p"p{�r�;,yr or within aid easentenk and fiche Of way any building or 5nuc- cure of anp nature or triad that wlU interfere with she mat:air M66 e6l�ent and Hot of way by C'-10'e, ay rMerewas or amigru, a that wi11 iaterf.with eels itrr.a eg.along aid eaament lay aid Cxaatee,ire sruaxsora a amigos The Grantee hereby covenants uad agrees for itself, ies arscxeuors and assign,oot'to.fesme the above d00u7aed red property of to presume the Grantor,his successors a assigns,from atnasing over said red ptopesey and gi that the C.tramx,his heirs,successors assigns
And may enj the continua use of the rurfaoe of said real property herein adaer�bed' ,subject to the conditions shove stated; and the Gtwaux covenants and agrees that after the installation of any pipe line by it in any excavation made by it in the above dnaibed easemms raght of way it will,b-211 any curb excavation made by it so as to fill said excavation as nearly as practicable to the level of the surrounding ground,and will replace any oiled,asphalt err conerex surface with like material.
The Grantor for himself,his heirs, executors,administrators,successors and assigns hereby waives'any claim for any and all damages to the Grantors remaining property omdpous to said easaaerat and eight of way fr on1 w W'evet ause incidental w the exercise of the rights herein granted,
(Ace used above, the term "grarme' shall indude the plural as well as the sinvilar number and she words"himself" and "Eva"slid[indude the famWae and neuter gender as the ace easy be.) Executed this.. ..............day oF................ .. -.�..�...f........f.......... 19.`:......... r • /1
......./'L.............. ........ . ..., ._(SEAL) Signed, sealed and delivered in the presence of . .............. ................ ... ,_,....(SEAL.) •..
( EAL)
tSBAL)
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As subscribing wittiest
STATe OF CALIFORNIA i a
County of Sari Diego s
' in the year 19
It of the Superior Court in and
state of ss
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ere re me, the undersigned, a Notary Pudlic 'm and fo+ sad tome that. he
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