ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: C8
Prepared by:
Erin Adams, Management Analyst
Ken Knatz, Sewer Engineering Division Mgr. Meeting Date: February 28, 2023 Approved by:
Greg Mayer, City Engineer
Amanda Lee, Acting City Manager Agenda Location: Consent Calendar SUBJECT: SUMMARY VACATION OF A PORTION OF A PUBLIC SEWER EASEMENT AT APN 164-205-25-00
RECOMMENDATION: Adopt City Council Resolution No. 2023- , authorizing and approving the summary vacation of a portion of a public sewer easement at APN 164-205-25-00.
CORRELATION TO CITY COUNCIL GOALS: Routine operational item not directly corresponding to a specific City Council goal.
PRIOR ACTION: On June 28, 2022, adopted City Council Resolution No. 2022-108, approving the Six- Year Capital Improvement Program and FYs 2022/23 and 2023/24 Capital Project Budget and authorizing appropriations for Fiscal Years 2022/23 and 2023/24 Capital Projects (Vote: 4-0, Ritter absent (Ritter experienced technical difficulties)).
A comprehensive list of prior City Council actions is included as Exhibit 3.
STATEMENT ON THE SUBJECT: The subject property is part of the Vista Village Shopping Center, owned by CFT Vista LLC (“Owner”) and identified as Assessor Parcel Number (“APN”) 164-205-25-00. A Vicinity Map is included as Exhibit 2. The subject sewer easement was dedicated and accepted through the recordation of Parcel Map 18816, recorded as File No. 2001-0732502 on October 10, 2001. The portion of sewer easement to be vacated lies in Parcel A of Parcel Map 18816, located in the parking lot behind and south of the Cinepolis movie theater.
Capital Improvement Project No. 8308 (“Project”) completed sewer capacity improvements for Eucalyptus Avenue and Citrus Avenue sewer lines. The Project included work along Eddie Drive, adjacent to the Vista Village Shopping Center, to re-route a segment of existing sewer line that crossed the existing storm drain channel, and realign it onto the Owner’s adjacent property, APN 164-205-02-00. In Fall 2022, the City acquired a new public sewer easement from the Owner for this new sewer alignment. As part of the easement acquisition agreement between the Owner and City, the City agreed to vacate the old sewer segment that would be abandoned. Vacating the abandoned easement segment will release this encumbrance from the Owner’s property title and no longer constitute part of the remaining active sewer line and easement, since it is no longer in operation nor necessary.
California Streets and Highways Code Section 8333(c) authorizes the City to approve the summary vacation if the easement has been superseded by relocation and there are no other public facilities located AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
02/28/2023 C8 1 of 8
Approved above recommendation, adopted City Council Resolution No. 2023-17.
Vote: 5-0
MEETING DATE: February 28, 2023 PAGE 2
SUBJECT: SUMMARY VACATION OF A PORTION OF A PUBLIC SEWER EASEMENT AT APN 164-205-25-00
within the easement. The proposed public sewer easement vacation meets this criteria, and staff recommends approval of the summary vacation.
FISCAL IMPACT: 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 portion of a public sewer easement at APN 164-205-25-00
2. Vicinity Map
3. Prior City Council Actions
02/28/2023 C8 2 of 8
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 PORTION OF A PUBLIC SEWER EASEMENT AT
APN 164-205-25-00
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. The City of Vista approved Parcel Map 18816, recorded as File No. 2001- 0732502 on October 10, 2001, and accepted the map dedication of the subject public sewer easement located on Parcel A of Parcel Map 18816.
B. A segment of this sewer line was relocated in 2023 and this sewer line segment within the easement was abandoned. This abandoned portion of sewer 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 superseded by relocation 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 C8 3 of 8
SUMMARY VACATION OF A PORTION OF A PUBLIC SEWER EASEMENT APN: 164-205-25
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
20230216212418
000912673
02/28/2023 C8 4 of 8
I
EXHIBIT "A"
LEGAL DESCRIPTION
I
EASEMENT HOLDER: CITY OF VISTA
VACATION AREA
THAT PORTION OF THAT 15.00 FOOT WIDE PUBLIC SEWER EASEMENT, IN THE CITY OF VISTA,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DEDICATED AND ACCEPTED ON PARCEL MAP 18816, RECORDED OCTOBER 10, 2001 AS FILE NO. 2001-0732502 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SHOWN ON SHEET 10 OF 11 SHEETS OF SAID PARCEL MAP, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT OF INTERSECTION WITH THE EASTERLY SIDE OF SAID 15.00 FOOT WIDE PUBLIC SEWER EASEMENT AND THE SOUTH LINE OF PARCEL A OF SAID PARCEL MAP 18816, SAID POINT LYING SOUTH 78017'16" WEST 174.99 FEET FROM THE EASTERLY TERMINUS OF A COURSE ON SAID SOUTH LINE HAVING A BEARING OF NORTH 78017'16" EAST AND A DISTANCE OF 380.74 FEET;
j
THENCE LEAVING SAID SOUTH LINE ALONG SAID EASTERLY LINE NORTH 10057'31" WEST 54.22 FEET TO THE SOUTHERLY LINE OF SAID 15.00 WIDE PUBLIC SEWER EASEMENT;
THENCE LEAVING SAID EASTERLY LINE ALONG THE WESTERLY PROLONGATION OF SAID SOUTHERLY LINE SOUTH 72036'52" WEST 12.15 FEET TO THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID 15.00 FOOT WIDE EASEMENT; j
THENCE LEAVING SAID WESTERLY PROLONGATION, ALONG SAID SOUTHERLY PROLONGATION NORTH 35024'38" WEST 7.07 FEET TO THE WESTERLY LINE OF SAID 15.00 WIDE PUBLIC SEWER EASEMENT;
THENCE LEAVING SAID SOUTHERLY PROLONGATION, ALONG SAID WESTERLY LINE SOUTH 10057'31" EAST 59.49 FEET TO SAID SOUTH LINE OF PARCEL A; THENCE LEAVING SAID WESTERLY LINE ALONG SAID SOUTH LINE NORTH 78017,161, EAST 15.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 812 SQUARE FEET MORE OR LESS.
ATTACHED HERETO AND MADE A PART HEREOF IS A PLAT LABELED EXHIBIT"B"
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.
I
MICHAEL L.SCHLUMPBERGER,PLS 7790
D LAND Sfi
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November 17, 2022 �� �� AG
DATE
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No. 7790
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EXHIBIT 2
VICINITY MAP
SUMMARY VACATION OF A PORTION OF A PUBLIC SEWER EASEMENT AT APN 164-205-25
y
Cinepolis Theater
A ..
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a.., line segment
Sewer easement --
' portion to be vacated `
(red centerline)
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EXHIBIT 2
02/28/2023 C8 7 of 8
EXHIBIT 3
PRIOR CITY COUNCIL ACTIONS CONTINUED
SUMMARY VACATION OF A PORTION OF A PUBLIC SEWER EASEMENT AT APN 164-205-25
On December 8, 2020, adopted City Council Resolution No. 2020-199, approving an agreement with Orion Construction Corporation for design/build services for the Eucalyptus Avenue and Citrus Avenue Sewer Capacity Improvements Project (CIP No. 8308) (Vote: 5-0).
On December 8, 2020, adopted City Council Resolution No. 2020-200, approving the first amendment to the contract with NV5, Inc. for engineering design services for Eucalyptus and Citrus Avenue Sewer Capacity Improvements (CIP No. 8308) (Vote: 5-0).
On June 23, 2020, adopted City Council Resolution No. 2020-107, approving the Six-Year Capital Improvement Program and Fiscal Years 2020/21 and 2021/22 Capital Project Budget and authorizing appropriations for Fiscal Years 2020/21 and 2021/22 Capital Projects (Vote: 5-0).
On August 27, 2019, adopted City Council Resolution No. 2019-109, approving a contract with NV5, Inc. for professional engineering and design services for the Eucalyptus Avenue and Citrus Avenue Sewer Capacity Improvements Project (CIP NO. 8308) (Vote: 5-0).
On November 14, 2017, adopted City Council Resolution No. 2017-150, approving the 2017 Comprehensive Sewer Master Plan (Vote: 5-0).
EXHIBIT 3
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