cc 2023 AR 05/09 summary vacation of sewer easement at 460 hacienda dr

ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: C3
Prepared by: Steve Nowak, Principal Engineer Meeting Date: May 9, 2023 Approved by:

Greg Mayer, City Engineer
John Conley, City Manager Agenda Location: Consent Calendar SUBJECT: SUMMARY VACATION OF SEWER EASEMENT AT 445-465 HACIENDA DR. - SUNROAD PLAZA (APNs 164-231-39, -40, & -41)
RECOMMENDATION: Adopt City Council Resolution No. 2023- , authorizing and approving the summary vacation of a portion of a public sewer line easement at 445-465 Hacienda Drive (APNs 164- 231-39, -40, & -41).

CORRELATION TO CITY COUNCIL GOALS: Routine operational item not directly corresponding to a specific City Council goal.

PRIOR CITY COUNCIL ACTION: On June 23, 2020, City Council adopted Resolution No. 2020- 113, approving the appeal and granting a Special Use Permit, inclusive of a Site Development Plan, Tentative Subdivision Map, and Comprehensive Sign Program to develop a retail commercial center consisting of four drive-through restaurants, retail buildings, and associated parking lot and site improvements on 4.12 acres of vacant land located at 460 Hacienda Drive (APN 164-231-01, 164- 231-02, 164-231-03, 164-231-04. (Vote: 3-2, Rigby and Contreras Opposed).

PRIOR PLANNING COMMISSION ACTION: On May 19, 2020, adopted Planning Commission Resolution No. 2020-10, denying a Special Use Permit, Site Development Plan, Tentative Subdivision Map, and Comprehensive Sign Program to develop a retail commercial center consisting of a self-service carwash, four drive-through restaurants, retail buildings, and associated parking lot and site improvements on 4.12 acres of vacant land located at 460 Hacienda Drive (APNs 164-231-01, 164-231-02, 164-231-03, 164-231-04 (Vote: 7-0).

STATEMENT ON THE SUBJECT: In 2000, the City of Vista transferred fee title ownership of the land underlying the sewer easement being vacated to a new owner as part of the Vista Village Drive - Hwy 78 Interchange Project. As part of the transfer of title, the City retained a Public Sewer Line Easement along the alignment of an existing sewer main. The portion of sewer easement subject to this proposed vacation was created as “Reservation A” of Grant Deed 2000-0441782 recorded on August 18, 2000 (Exhibit 2).

Planning case P18-0117 for the Sunroad Plaza commercial development, which was approved by City Council Resolution 2020-113 on appeal, included a proposal to physically relocate a portion of public sewer main traversing the subject property. The project has since been constructed, the sewer main has been relocated, and a new Easement for Sewer Lines, Appurtenances, and Access granted to the City of Vista has been recorded as Doc. 2020-0480802 on August 24, 2020 (Exhibit 3). The newly relocated AGENDA
REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION

SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

JOINT POWERS FINANCING AUTHORITY
05/09/2023 C3 1 of 23
Approved above recommendation, adopted City Council Resolution No. 2023-70.

Vote: 4-0 (Green absent)

MEETING DATE: May 9, 2023 PAGE 2

SUBJECT: SUMMARY VACATION OF A SEWER EASEMENT AT 445-465 HACIENDA DR. - SUNROAD PLAZA (APNs 164-231-39, -40, & -41)
sewer infrastructure has been inspected, tested, and accepted by City staff and the existing infrastructure has been properly abandoned as part of Sewer Improvement Plan D4611 (relevant sheet included as Exhibit 4). The proposed vacated area represents the portion of sewer easement created in 2000 that is no longer needed due to relocation of the sewer line.

California Streets and Highways Code Section 8333(c) authorizes the City Council to approve a summary vacation of a public service easement if “the easement has been superseded by relocation, or 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 these criteria in that easement has been superseded by relocation and there are no other collocated public facilities; therefore, staff recommends approval of the summary vacation.

FISCAL IMPACT: The applicant, Sunroad Vista Land Partners, LP, has 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 portion of a public sewer line easement at 445-465 Hacienda Drive (APNs 164-231-39, -40, & -41)

2. Grant Deed including Reservation of Public Sewer Line Easement recorded as Doc. 2000-0441782 on August 18, 2000.

3. Easement for Sewer Lines, Appurtenances, and Access recorded as Doc. 2020-0480802 on August 24, 2020.

4. Sewer Improvement Plan D4611 - Sheet 3

00091267 3

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 LINE EASEMENT AT 445- 465 HACIENDA DRIVE (APNs 164-231-39, -40, & -41)
The City Council of the City of Vista does resolve as follows:

1. Findings. The City Council hereby finds and declares the following:

A. A Public Sewer Line Easement was created by reservation on Grant Deed Document No. 2000-0441782, recorded on August 18, 2000, of Official Records of San Diego County (“Easement”). This Easement is located on the properties at 445-465 Hacienda Drive, identified as San Diego County Assessor Parcel Numbers (APN) 164-231-39, -40, & -41.

B. The Easement covered a public sewer main that has been relocated to facilitate development of the property and properly abandoned. The Easement to be vacated is described in Exhibit “A” and shown in Exhibit “B”.

C. A new Easement for Sewer Lines, Appurtenances, and Access has been recorded along the relocated sewer alignment as Document No. 2020-0480802, recorded on August 24, 2020, of Official Records of San Diego County.

D. 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 these 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.

SUMMARY VACATION OF A PUBLIC SEWER EASEMENT AT 445-465 HACIENDA DRIVE (APNs 164-231-39, -40, & -41)

Page 2 ends

00091267 3

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on May 9, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY

By:

APPROVED
Walter C. Chung
20230427153808

JOHN B. FRANKLIN, MAYOR

ATTEST:

KATHY VALDEZ, CITY CLERK

By:

2000-01782

CITY OF VISTA
AFTER RECORDING, PLEASE AUc~ 18, 2000 ~ -' ~2 [zaH MAIL THIS INSTRUMENT TO:

CI?¥ OF VISTA {FFICI~L ~ PO BOX 19aa ~ I)IE~ ~ ~'8 {IFFI{E ATTN: CITY CLERK ~ J' ~H, ~ ~ I~: 39.00
CITY OF VISTA ][~..

PROJEC~: Vista Village Drive - Hwy 78 Interchange
ADDRESS: Hacienda Drive from Matagual to Vista Village Dr. pURSUANT TO THAT CERTAIN AGREEMENT BETWEEN THE CIT~OF VISTA

AND THOMAS SHADLE, ET AL, RECORDED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDED AS DCOUMENT NUMER 1996-035330 AND CITY COUNCIL RESOLUTION NO. 99-163:

The CITY OF VISTA, a municipal corporation operating under the general laws of the State of California (Grantor), HEREBY GRANTS to Thomas E. Shadle and Linda J.

Shadle., husband and wife as community property, as to an undivided one-half interest, and Milo E. Shadle, Trustee of the Shadle Family Trust dated October 31, 1989, as to an undivided one-half interest, (Grantee), all that real property in the City of Vista, County of San Diego, State of California, as described in Exhibit "1' (containing 6 pages) attached hereto and by this reference herein incorporated.

GRANTOR: CITY OF VISTA
P.O. Box 1988
Vista, CA, 92085
Date: ~////~
RITA L. GELDERT, CITY MANAGER

HACIENDA DRIVE LEGAL DESCRIPTION
PARCEL 1.

ALL THAT PORTION OF PARCEL 3 AS DESCRIBED IN THAT CERTAIN

RELINQUISHMENT OF STATE HIGHWAY RECORDED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON DECEMBER 4, 1963 AS FILE PAGE NO. 215602, LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE:

COMMENCING AT THE BEGINNING POINT OF SAID PARCEL 3, SAID POINT

BEING IDENTIFIED IN SAID RELINQUISHMENT AS HAVING COORDINATES OF Y=374.166.56 FEET AND X=1,695,927.29 FEET, THENCE ALONG THE

BOUNDARY AS DESCRIBED IS SAID RELINQUISHMENT AS FOLLOWS, THENCE FROM A TANGENT WHICH BEARS N. 51° 20' 18" W., ALONG A CURVE TO THE LEFT WITH A RADIUS OF 4,964 FEET, THROUGH AN ANGLE OF 5° 43' 41", A DISTANCE OF 496.27 FEET TO A POINT OF COMPOUND CURVATURE; THENCE FROM A TANGENT WHICH BEARS N. 57° 03' 59" W., ALONG A CURVE TO THE LEFT WITH A RADIUS OF 35 FEET, THROUGH AN ANGLE OF 148° 45' 34", A DISTANCE OF 90.87 FEET TO THE
NORTHEASTERLY LINE OF VALE VIEW DRIVE AS SHOWN ON SAID MAP NO. 2131; THENCE LEAVING SAID NORTHEASERLY LINE, S. 64° 10' 27" W., 50.00 FEET TO THE SOUTHWESTERLY LINE OF LAST SAID VALE VIEW DRIVE; THENCE ALONG SAID SOUTHWESTERLY LINE N. 25° 49' 33" W., 170.85 FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE N. 42° 14' 08" W., 66.23 FEET; TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE N. 57° 05' 11" W., 515.00 FEET; THENCE S. 88° 50' 55" W., 42.85 FEET TO THE SOUTHEASTERLY LINE OF SAID MATAGUAL DRIVE; THENCE ALONG SAID SOUTHEASTERLY LINE, S. 23° 22' 24" W., 36.39 FEET; THENCE LEAVING SAID SOUTHEASTERLY LINE, N. 66° 37' 36" W., 50.00 FET TO THE NORTHWESTERLY LINE OF SAID MATAGUAL DRIVE; THENCE ALONG SAID NORTHWESTERLY LINE N. 23° 22' 24" E., 38.00 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE, N. 32° 11' 19" W., 47.69 FEET; THENCE FROM A TANGENT WHICH BEARS N. 60° 15' 16" W., ALONG A CURVE TO THE LEFT WITH A RADIUS OF 550 FEET, THROUGH AN ANGLE OF 27° 33' 06", A DISTANCE OF 264.48 FEET; THENCE N. 87° 48' 22" W., 114.73 FEET; THENCE S. 75° 26' 35" W., 96.20 FEET; THENCE N. 85° 38' 29" W., TO A POINT ON THE

SOUTHERLY RIGHT OF WAY LINE FOR THE STATE OF CALIFORNIA HIGHWAY 78, BEING ALSO THE EASTERLY RIGHT OF WAY LINE OF VISTA VILLAGE DRIVE, AS BOTH ARE SHOWN ON "OWNERSHIP MAP" RIGHT OF WAY MAP NO. 27535.2, SD-78-POST MILE 6.3, A COPY OF WHICH IS ON FILE IN THE OFFICE OF DISTRICT 11 OF THE S~ATE OF CALIFORNIA EXHIBIT "1", page 1 of 6

DEPARTMENT OF TRANSPORTATION, SAID POINT BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED LINE.

EXCEPTING THEREFROM, THAT PORTION OF SAID PARCEL 3 LYING

NORTHERLY OF THE SOUTHERLY RIGHT OF WAY LINE OF SAID STATE HIGHWAY 78 AND WEST OF THE EASTERLY RIGHT OF WAY LINE OF VISTA VILLAGE DRIVE AS BOTH ARE SHOWN ON SAID RIGHT OF WAY MAP NO. 27535.2, AND EASTERLY OF A LINE THAT IS PARALLEL TO AND DISTANT

50.00 FEET, MEASURED AT RIGHT ANGLE, WESTERLY AND NORTHERLY OF THE FOLLOWING DESCRIBED LINE:

BEGINNING AT A POINT ON THE WESTERLY LINE OF LOT 12 OF ORLEAVO HEIGHTS UNIT NO. 5, IN THE CITY OF VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2131, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO SEPTEMBER 25, 1928, DISTANT THEREON N. 23° 22' 24" E., 69.41 FEET FROM THE

SOUTHWESTERLY CORNER OF SAID LOT, SAID POINT BEING THE
BEGINNING OF A NON-TANGENT 177.00 FOOT RADIUS CURVE TO THE RIGHT, TO WHICH A RADIAL BEARS N. 58° 21' 20" W; THENCE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 69° 50' 38", A DISTANCE OF 215.76 FEET TO A POINT ON A LINE DESCRIBED AS "S. 57° 05' 11" E., 515.00 FEET" IN DEED TO THE STATE OF CALIFORNIA RECORDED JANUARY 27, 1960 AS FILE NO. 17473 OF OFFICIAL RECORDS OF SAID

COUNTY, SAID POINT BEING THE POINT OF TERMINUS OF THE HEREIN

DESCRIBED LINE

THE SIDE LINES OF THE HEREIN DESCRIBED LINE ARE TO BE PROLONGED

OR SHORTENED SO AS TO MEET THE NORTHWESTERLY LINE OF

MATAGUAL DRIVE AND THE SOUTHERLY RIGHT OF WAY LINE OF STATE HIGHWAY 78 AS BOTH ARE SHOWN ON STATE OF CALIFRONIA
OWNERSHIP MAP" RIGHT OF WAY MAP NO. 27535.2. SD-78-POST MILE 6.3, A COPY OF WHICH IS ON FILE IN THE DISTRICT 11 OFFICE OF THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION.

PARCEL 2
ALL THAT PORTION OF LOT 12 OF ORLEAVO HEIGHTS UNIT NO. 5, IN THE

CITY OF VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2131, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO SEPTEMBER 25, 1928 AS DESCRIBED IN DEED TO THE CITY OF VISTA RECORDED FEBRUARY 27, 1996 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO AS DOCUMENT NO. 1996- 0092874 LYING WESTERLY AND NORTHERLY OF A LINE THAT IS PARALLEL EXHIBIT "1" page 2 of 6

TO AND DISTANT 50.00 FEET, MEASURED AT A RIGHT ANGLE, NORTHERLY AND WESTERLY OF THE FOLLOWING DESCRIBED LINE.

BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 12 DISTANT THEREON N. 23° 22' 24" E., 69.41 FEET FROM THE SOUTHWESTERLY CORNER

OF SAID LOT, SAID POINT BEING THE BEGINNING OF A NON-TANGENT 177.00 FOOT RADIUS CURVE TO THE RIGHT, TO WHCH A RADIAL BEARS N. 58° 21' 20" W; THENCE ALONG THE CURVE, THROUGH A CENTRAL ANGLE OF 69° 50' 38", A DISTANCE OF 215.76 FEET TO A POINT ON A LINE DESCRIBED AS "S. 57° 05' 11" E., 515.00 FEET" IN DEED TO THE STATE OF CALIFORNIA RECORDED JANUARY 27, 1960 AS FILE NO. 17473 OF OFFICIAL

RECORDS OF SAID COUNTY, SAID POINT BEING THE POINT OF TERMINUS

OF THE HEREIN DESCRIBED LINE

THE SIDE LINES OF THE HEREIN DESCRIBED LINE ARE TO BE PROLONGED

OR SHORTENED SO AS TO MEET THE NORTHWESTERLY LINE OF

THE CITY OF VISTA, FOR IT SELF, ITS SUCCESSORS AND ASSIGNS

HEREBY RESERVES THE FOLLOWING PROPERTY RIGHTS AND
INTERESTS IN AND TO THE HEREIN DESCRIBED PARCELS 1 AND 2:

RESERVATION "A"
A permanent and perpetual PUBLIC SEWER LINE EASEMENT together with the right to forever maintain and operate above ground manholes and underground sewer lines and appurtenances thereto, above, below, under, across and through that portion of the herein before described Parcel 1, lying Northerly of the following described line:

COMMENCING AT THE POINT OF TERMINUS OF SAID PARCEL 1; THENCE ALONG THE EASTERLY RIGHT OF WAY LINE OF VISTA VILLAGE DRIVE, N. 33° 43' 18" E., 13.29 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE LEAVING SAID EASTERLY RIGHT OF WAY LINE, N. 74° 46' 34" E., 74.03 FEET TO THE BEGINNING OF A TANGENT 10 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 101° 28' 27", A DISTANCE OF 17.71 FEET, THENCE TANGENT TO SAID CURVE, S. 03° 44' 59" E., 6.12 FEET; THENCE N. 86° 15' 01" E., 20.00 FEET; THENCE N. 03° 44' 59" W., 6.12 FEET TO THE BEGINNING OF A TANGENT 10 FOOT RADIUS CURVE CONCAVE EXHIBIT "1" page 3 of 6

EASTERLY; THENCE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 100° 38' 47", A DISTANCE OF 17.57 FEET; THENCE TANGENT TO SAID CURVE, S. 83° 06' 12" E., 171.61 FEET; THENCE S. 77° 54' 35" E. 190.56 FEET; THENCE S. 72° 37' 40" E., 147.39 FEET TO A POINT ON THE CENTER LINE OF MATAGUAL DRIVE AS SHOWN ON SAID "OWNERSHIP" MAP 27535.2; THENCE NORTH ALONG SAID CENTERLINE OF MATAGUAL DRIVE TO A POINT ON THE NORTHERLY BOUNDARY OF SAID PARCEL 1, BEING ALSO THE POINT OF TERMINUS OF THE HEREIN DESCRIBED LINE.

TOGETHER with the right to remove and dispose of any and all improvement, brush, trees, shrubs and other growth within said easement. Grantor will not be responsible for the replacement or repair of any improvements, landscaping, or paving within the area of said easement.

ALSO TOGETHER with the right at any time and from time to time to locate, relocate, construct, reconstruct, maintain, operate, renew, enlarge and remove public sewer lines, pipe and appurtenances thereto, including the right to store excavated and construction material adjacent to said easement, and with the right of ingress and egress at all times to and from said easement.

GRANTEE, will not to erect, construct nor maintain any improvements, including but not limited to, grading, landscaping, lighting, fencing, paving, or buildings of any nature without prior written approval from the City Engineer of the City of Vista.

For purposes of this Easement the terms GRANTOR and GRANTEE are considered to include their respective heirs, successors and assigns.

TO HAVE AND TO HOLD said easement and right-of-way unto the City of Vista, its successors and assigns, forever.

RESERVATION "B"
A permanent and perpetual SLOPE EASEMENT with the right at any time and from time to time to locate, relocate, construct, reconstruct, maintain, operate, renew, enlarge and remove excavation and/or embankment slopes and appurtenances thereto, including the right to store excavated and construction material adjacent to said easement, and with the right of ingress and egress at all times to and from said easement, over that portion of the herein before described Parcel 1 lying within 15 foot wide strip of land, the Northerly line of said strip being the Northerly line of said Parcel 1. The sidelines of said strip are to be prolonged or shortened so as to end at the Easterly right of way line of Vista Village Drive and the Easterly boundary of said Parcel 1.

EXBIBIT "1" page 4 of 6

GRANTEE, will not to erect, construct nor maintain any improvements, including to but not limited to, grading, landscaping, lighting, fencing, paving, or buildings of any nature without prior written approval from the City Engineer of the City of Vista.

For purposes of this Easement the terms GRANTOR and GRANTEE are considered to include their respective heirs, successors and assigns.

RESERVATION "C"
The following items are all located within Matagual Drive as shown on said "Ownership" Map No. 27535.2.

RESERVING EASEMENTS FOR THE FOLLOWING UTILITY COMPANIES:

VISTA IRRIGATION DISTRICT. 1 O-foot wide easement, 5 feet on each side of all existing waterlines.

SAN DIEGO GAS & ELECTRIC. 6-foot wide easement, 3 feet on each side of all existing gas pipelines.

SAN DIEGO GAS & ELECTRIC. 12-foot wide easement, 6 feet on each side of the centerline of all existing overhead utility services.

VISTA SANITATION DISCTICT. 15-foot wide easement, 7.5 feet on each side of all existing sewer lines.

TOGETHER with the right to remove and dispose of any and all improvement, brush, trees, shrubs and other growth within said easement. The listed utility companies will not be responsible for the replacement or repair of any improvements, landscaping, or paving within the area of said easement.

ALSO TOGETHER with the right at any time and from time to time to locate, relocate, construct, reconstruct, maintain, operate, renew, enlarge and remove public utility services and appurtenances thereto, including the right to store excavated and construction material adjacent to said easement, and with the right of ingress and egress at all times to and from said easement.

EXHIBIT "1" page 5 of 6

GRANTEE, will not to erect, construct nor maintain any improvements, including to but not limited to, grading, landscaping, lighting, fencing, paving, or buildings of any nature within said easements without the prior written approval of the applicable Utility Company.

RESERVATION "D"
The Grantor hereby reserves all abbutter's rights including, but not limited to, access rights and appurtenances there to along the Northerly and Westerly boundaries of the herein before described Parcel 1. REMAINDER OF THIS PAGE LEFT BLANK EXHIBIT "1" page 6 of 6

State of (..~ ~-O~--,"~ /,~ RIOHT THUMBFFIINT County of ~ ~~
personally appeared ~m~ ~. ~~m ' INAME(SI OF ~GNERIS))
CAPACITY ~AIMED BY SIGNER(S)

INDIVIDUAL(S)
COR~RA~
p ersonally known to me-0R-~ proved to me on the OmCE.;S~ bas~s of sati~factpry~P~.mEmS~ ~UU~D
evioence to ~e the ~eE,E.~ IS/~ 'suoscriDed to the ~US~E;S~
wi~iA instrument and
a~knowle~oed to me that ~O~E.:

Com~s~on~1259213< 'same ¢n- ~/her/t~r No~ry Publ~- CMff~.~ authorized c~city(~J, SIGNER IS REPRESEN~NG:

San DIego Coun~ ~ a nd that ~ ~/her/t~r ~,~ o~ ~..o.~.} o. ~.~ instrumemtne person~
or the entity upon behalf
of which the person(s)
acted, executed the
i nstru merit.

RIGHT ~UMB~INT
Witness my hand and official seal. ~.

SEAL) ~

CAPACITY CLAIMED BY SIGNER(S)
E]INDIVIDUAL(S)

DCORPORATE

ATTENTION NOTARY
OFF~C£mS(
The information requested below and in the column to the right is OPTIONAL. m~u, Recording of this document is not required by law and is also optional.

It could, however, prevent fraudulent attachment of this certificate to any F1PARTNER(S) [~LIMITED unauthorized document. DGENERAL u ~ [~

ATTORNEY IN FACT
THIS CERTIFICATE T~Je or Type of Document ~. ~/'7- ~ E]'musTEE(S) MUST BE AI-FACHED (~GUARDIAN/CONSERVATOR TO THE DOCUMENT Numbor of Pages __ Date of Document [3OTHER:

DESCRIBED AT RIGHT:

Signerisl Other Than Named Above
SIGNER IS REPRESENTING:

Name of Pemon(s) or Entlty{ie~)
INOLCOTTS FORM 83240 Rev. 3-84 {price clime 8-2A} ~)1994 WOLCOTTS FORMS, INC.

ALL PURPOSE ACKNOWt. EDGMENT W~TH SIGNER CAPACITY~REPRESENTATION/T~VO FINGERPRINTS

DOC# 2020-0480802
RECORDING REQUESTED BY: II IIII1111111111111111111111111111111111111111111111111111111 IN CITY OF VISTA Aug 24, 2020 04:59 PM

OFFICIAL RECORDS
AFTER RECORDING, PLEASE Ernest J. Dronenburg, Jr.,
MAIL THIS INSTRUMENT TO: SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
CITY OF VISTA POOR: N/A
PAGES:7
200 CIVIC CENTER DRIVE
VISTA, CA 92084
ATTN: CITY CLERK
Fee Exempt Pursuant to Gov. Code Section 27383
DTT: $0.00; R&TC § 11922, Conveyance to Government Agency; Signed:

EASEMENT DEED

CITY OF VISTA

EASEMENT FOR SEWER LINES, APPURTENANCES, AND ACCESS
APN: 164-231-01, -02, -03, -04, & -36
ADDRESS: 460 HACIENDA DR, VISTA, CA 92081
PROJECT: P18.0117, LD19-053
FOR A VALUABLE CONSIDERATION RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED:

SUNROAD VISTA LAND PARTNERS, L.P., a California Limited Partnership, ("Grantor"), does hereby grant to the CITY OF VISTA, a chartered municipal corporation, ("Grantee"), a perpetual easement and right-of-way for the installation, construction, operation, maintenance, repair and replacement, reinstallation of pipes and sewer pipelines, mains, manholes,sewer lateral pipes and pipelines, and all structures incidental thereto("Sewer Facilities"), upon, through, under, over, and across that certain real property in the City of Vista, County of San Diego, State of California, described in Exhibit "A" and shown for illustration purposes on Exhibit "B" (the Easement").

The Easement, upon acceptance by Grantee, is subject to the following terms and conditions:

The Easement includes with the right of ingress and egress along the herein described easement with the right, but not the obligation, to construct and maintain an access road within the Easement, and all structures incidental thereto, for the purpose of installing, constructing, operating, maintaining, repairing, replacing the Sewer Facilities within the Easement.

The Easement also includes the right during any construction period to store excavated and construction material within a five (5) foot wide strip of land adjacent to the Easement. Upon completion of any construction period Grantee will remove all excavated and construction material adjacent to the Easement and shall return the grade to as close as practical to the before construction elevation and condition.

Grantor, at its own risk, may continue to use the unimproved or unpaved surface of the Easement in any manner that will not interfere with nor be detrimental to the use of the Easement by Grantee. The uses considered to interfere with and to be detrimental to the Grantee's use of the Easement, include, but are not limited to the following:

No buildings or structures of any nature may be installed, placed, or built within or over the Easement.

No trees or shrubs may be planted in the Easement.

No fences or walls may be installed or built within the Easement. 000896402

RECORDING REQUESTED BY:

CITY OF VISTA

AFTER RECORDING, PLEASE
MAIL THIS INSTRUMENT TO:

CITY OF VISTA
200 CIVIC CENTER DRIVE
VISTA, CA 92084
ATTN: CITY CLERK
I Fee Exempt Pursuant to Gov. Code Section 27383
DTT: $0.00; R&TC § 11922, Conveyance to Government Agency; )Ala

EASEMENT DEED

CITY OF VISTA

SUNROAD VISTA LAND PARTNERS, L.P., a California Limited Partnership, ("Grantor"), does hereby grant to the CITY OF VISTA, a chartered municipal corporation, ("Grantee"), a perpetual easement and right-of-way for the installation, construction, operation, maintenance, repair and replacement, reinstallation of pipes and sewer pipelines, mains, manholes, sewer lateral pipes and pipelines, and all structures incidental thereto ("Sewer Facilities"), upon, through, under, over, and across that certain real property in the City of Vista, County of San Diego, State of California, described in Exhibit "A" and shown for illustration purposes on Exhibit "B" (the Easement").

The Easement, upon acceptance by Grantee, is subject to the following terms and conditions:

No buildings or structures of any nature may be installed, placed, or built within or over the Easement.

No trees or shrubs may be planted in the Easement.

No fences or walls may be installed or built within the Easement. 000896402

CITY OF VISTA Page 2

EASEMENT FOR SEWER LINES, APPURTENANCES, AND ACCESS
APN: 164-231-01, -02, -03, -04, & -36
ADDRESS: 460 HACIENDA DR, VISTA, CA 92081
PROJECT: P18.0117, LD19-053
Notwithstanding the Grantor's use of the unimproved or unpaved surface of the Easement, Grantor shall nevertheless comply with all applicable local, state, and federal rules, regulations, and laws.

Grantee has the perpetual right, but not the obligation, to remove buildings, structures, trees, bushes, undergrowth, flowers, and any other obstructions that interfere with the Grantee's use of the Easement. Grantee shall not be responsible for the replacement of, nor compensating the Grantor for, any items removed within the Easement.

Except in an emergency, Grantee shall give Grantor ten (10) days' notice to remove, prune, or trim any items in the Easement that Grantee, at its sole discretion, determines to be detrimental to Grantee's use of the Easement.

If Grantor fails to remove such items, Grantee may remove such items at Grantor's expense. Grantor agrees to pay Grantee's costs within thirty (30) calendar days from the receipt of an invoice from Grantee. If Grantor fails to pay Grantee within said 30 days, then Grantee shall have the legal right to initiate any action necessary to collect its costs including, but not limited to, court costs and attorney fees.

The Grantee hereby covenants and agrees for itself, its successors or assigns, not to fence the Easement or to prevent the Grantor, its successors or assigns, from crossing over the Easement and agrees that the Grantor, its heirs, successors, and assigns may enjoy the continued use of the surface of the Easement, subject to the conditions above stated.

Grantee shall indemnify, defend and hold Grantor harmless from and against all losses, damages, or expenses that Grantor may sustain or become liable for that result from the construction or maintenance of Grantee's facilities and all fixtures and equipment in connection therewith. Such indemnification shall include any losses, damages, or expenses arising solely out of negligence or intentional acts of Grantee but excepting any losses, damages, or expenses resulting from the negligent or intentional acts of the Grantor and third parties.

All documents referenced as exhibits in this document are incorporated herein.

This Easement Deed is dated for reference purposes as of August 15, 2020.

Signatures continued on page 3.]
000896402

CITY OF VISTA

EASEMENT FOR SEWER LINES, APPURTENANCES, AND ACCESS
APN: 164-231-01, -02, -03, -04, & -36
ADDRESS: 460 HACIENDA DR, VISTA, CA 92081
PROJECT: P18.0117, LD19-053
Grantee"
CITY OF VISTA, a chartered municipal corporation
ACCEPTANCE: THIS IS TO CERTIFY that the interest in
real property conveyed by this document from SUNROAD
VISTA LAND PARTNERS, L.P., a California Limited
Partnership, is hereby accepted by the undersigned officer on behalf of the City of Vista pursuant to authority confirmed by Resolution No. 93-51 of the City Council adopted on May 11, 1993, and the Grantee consents to the recordation
the by its du authorized officer.

By:

GREG MAVEA, CITY ENGINEER
ATTEST:

KATHY VALDEZ, CITY CLERK
By:

APPROVED AS TO FORM:

DAROLD PIEPER, TTORNEY
By: z NZY 01"?K

APPROVED
Darold Pieper
20200812142253
000896402
Grantor"
DEVELOPER"

Page 3 ends

SUNROAD VISTA LAND PARTNERS, L.P., a
California limited partnership
By: SUNROAD GP, INC., a California corporation
M

DAN FELDMAN, PRESIDENT
When signing as Corporation necessary signatures are President OR Vice President AND Secretary OR Assistant Secretary.)
NOTE: A CALIFORNIA ALL PURPOSE NOTARY ACKNOWLEDGMENT

MUST BE ATTACHED FOR ALL SIGNATURES ABOVE

CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
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 6bn Di cc
On before me, U)
Ij Date H re Insert Na and Title of the Officer
personally appeared bin FL®Idman
Nome(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persor4H whose name(c) is/afe subscribed to the within instrument and acknowledged to me that he/4,he/tit executed the same in his/her/t+#eir authorized capacity(iee), and that by his/b&r/their signature(s) on the instrument the person(t, or the entity upon behalf of which the person(+acted, executed the instrument. f

NANCY LOUISE SAMPSON
Notary Public - California
i San Diego County
Commission # 2248089
My Comm. Expires Jun 29, 2022
Place Notary Seal and/or Stamp Above
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.

Signat
g ature of of ry Public
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date:

Signer(s) Other Than Named Above:

Capacity(les) Claimed by Signer(s)
Signer's Name:

Corporate Officer — Title(s):

Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:

Signer is Representing:
02018 National Notary Association
Number of Pages:

Signer's Name:

Corporate Officer — Title(s):

Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:

Signer is Representing:

EXHIBIT "A"

LEGAL DESCRIPTION

SEWER EASEMENT

SUNROAD PLAZA'
P18.0117, LD19-053
GP19-020, GP20-007,
DWG4611, D4614
APN: 164-231-01 THROUGH 04, & 36
Those portions of Lots 1, 2, 11 and 12 of Orleavo Heights Unit No. 5, in the City of Vista, County of San Diego, State of California, according to Map thereof No. 2131, filed in the Office of the County Recorder of said County, more particularly described as follows:

SEWER EASEMENT
COMMENCING at a one (1) inch diameter Iron Pipe marked "CAL DOT" on the Southerly Right -of -Way line of the State of California State Route 78, at the intersection of courses labeled "N83006'12"W 198.51"' and "N77054'35"W 192.39"' as shown on State of California Department of Transportation Right -of -Way Map thereof No. 27535.2 hereinafter D1);
Thence South 83007'53" East [South 83006'12" East per D1], along said Right -of -Way line, 198.53 feet [198.51 feet per D1] to a one (1) inch diameter Iron Pipe marked "CAL DOT";
Thence South 74046'56" West, along said Right -of -Way line, 33.39 feet to the TRUE POINT OF BEGINNING;
Thence leaving said Right -of -Way line, South 15013'04" East, 7.52 feet; Thence South 07°32'31" West, 85.01 feet to the beginning of a non -tangent 990.00 foot radius curve, concave Northerly, a radial line to which bears South 12048'43" West; Thence Easterly along said curve through a central angle of 07036'17", a distance of 131.40 feet;
Thence South 76014`23" East, 41.21 feet;
Thence South 74024'30" East, 86.04 feet;
Thence South 76014'23" East, 275.57 feet to the beginning of a non -tangent 491.11 foot radius curve, concave Southeasterly, a radial line to which bears N16058'55"W; Thence Northeasterly along said curve through a central angle of 03013'52", a distance of 27.70 feet to a point on the Northwesterly 25.00 foot half -width sideline of Matagual Drive as described by grant deed recorded August 18, 2000 as Document No. 2000- 0441782, said point also being the beginning of a non -tangent 227.00 foot radius curve, concave Southeasterly, a radial line to which bears North 29019'04" West; Thence Southwesterly along said sideline through a central angle of 09041'44", a distance of 38.41 feet;

Page 1 of 2 ends

Thence leaving said sideline North 76°14'23" West, 274.29 feet; Thence North 74024'30" West, 86.04 feet;
Thence North 76014'23" West, 39.85 feet to the beginning of a non -tangent 1,005.00 foot radius curve, concave Northerly, a radial line to which bears South 05016'17" West; Thence along said curve through a central angle of 08°19'16", a distance of 145.96 feet; Thence North 07°32'31" East, 95.58 feet;
Thence North 15013'04" West, 4.50 feet returning to said Right -of -Way line; Thence North 74046'56" East, along said Right -of -Way line, 15.00 feet to the TRUE POINT OF BEGINNING.

Contains 9,702 Square Feet or 0.22 Acres, more or less. g ZcaT.c7
Jose h . Cresto Date
PLS 8050

END OF LEGAL DESCRIPTION

Page 2 of 2 ends

S'LY RIGHT-OF-WAY PER CALIFORNIA S T A T E R O U T E
DEPARTMENT OF TRANSPORTATION P.O.C.
7 801" IP MARKED
1" IP MARKED "CAL DOT"
CAL DOT"
RIGHT-OF-WAY MAP N0. 27535.2 m
W

BASIS OF
BEARINGS [N77'54'35"W 192.39'] D1 15' SWR ESMT
L' %P •B. 198.51'] D1 PER j
N [N83'0612 W
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3„E
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R=1005.00 L=145.96 L5
I
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a LO o z PROPOSED SEWER
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ate,
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10 SEWER ESMT W o o
a_, o a o PER SEPARATE DOC. I FILE NO. 70383, O.R.z 04
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REC. APRIL 09, 1971 ; z 00 o
c3M 164-239-02 ------ —------- MAP 2131 _
x N N 164231-36 Q LOT 12 3
Vi
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Z

HACIENDA DRIVE
LINE DATA TABLE CURVE DATA TABLE LEGEND co
LANDCD
NO. BEARING LENGTH NO. DELTA RADIUS LENGTH
SEWER
c',O S(7` z N
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o ° z _ w
L3 S07'32'31"W 85.01' C3 09'41'44" 227.00' 38.41' DOC NO. 2000-0441782, O.R. W z a L4 S76'14'23"E 41.21'
1 REC. AUGUST 18, 2000 _ No. 8050 ° a
L5 N76'14 23"W 39.85 PER CALIFORNIA DEPARTMENT OF Z
L6 N07'32 31"E 95.58 80 40 0 80 [ ] D1 TRANSPORTATION RIGHT-OF-WAY m
L7 N15*13'04"W 4.50' MAP NO. 27535.2
L8 N74'46'56"E 15.00' 4F CALIF
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manr R. a>rrN¢ RQ sm wrE '�� cµ wv: xaem a- mA1PLLx ore.. ucv. no.n• xcw ,� LN 2020-019 'AD MAP E15 P: 18 0117 LD# 19-053 D4614 GP19-020 GP20-007

Assessment Districts
FY 2023/24 Annual Levy Process and
Fiscal Status Update
May 9, 2023

•Background
–3 Assessment Districts (ADs) formed in early 90’s.
–ADs have been levied annually through FY 2022/23
via a three-step process. Tonight’s item is step two
for FY 2023/24.
–Assessment amounts not increased since approval
of Prop 218 (1997) and did not complete the
validation process.

Assessment District Basics

•Annual Levy Information for FY 2023/24
–Landscape and Lighting District No. 1
•City -wide; $1,347,457 aggregate levy amount
–South Melrose Landscape Maintenance District
•1,359 parcels; $100,545 aggregate levy amount
–Street Maintenance District No. 1
•City -wide; $321,583 aggregate levy amount
Assessment Districts Annual Levy Process

Assessment Districts Fiscal Status Update
392,178
553,216 499,748
377,445
1,595,104
218,212
-
200,000
400,000
600,000
800,000
1,000,000
1,200,000
1,400,000
1,600,000
1,800,000
2018 2019 2020 2021 2022 2023
Landscaping and Lighting District No. 1
---indicates Projection from 2023 budget

Assessment Districts Fiscal Status Update
81,509 78,931
66,535
50,175
34,922
6,490
-
10,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
2018 2019 2020 2021 2022 2023
South Melrose Landscape District
---indicates Projection from 2023 budget

Assessment Districts Fiscal Status Update
69,727
140,200
217,958
245,883
331,811
8,568
-
50,000
100,000
150,000
200,000
250,000
300,000
350,000
2018 2019 2020 2021 2022 2023
City Street Maintenance District No. 1
---indicates Projection from 2023 budget

Purchasing Power Erosion 1997-2023
Assessment Districts Fiscal Status Update

•Options for Fiscal Issue Remediation
–Assessment Engineering Study and Overlay
Districts
–Increased General Fund Subsidies in future
fiscal years
–Reduction of Level of Services
Assessment Districts Fiscal Status Update

•Staff Recommendations
–Approve FY 2023/24 annual process resolutions
–Direct staff to complete one of these options:
•Work with City consultants on an Overlay District
•Quantify future year General Fund subsidies to maintain current levels of service
•Reduce level of service and expenditures to match
estimated assessment revenue
Assessment Districts Recommendations

Assessment Districts
FY 2023/24 Annual Levy Process and
Fiscal Status Update
May 9, 2023

LLMD No. 1 Flow of Funds (2018-2023)
Assessment Districts Fiscal Status Update
Year Fund Balance Revenue Expenses Transfer in Net Change Fund Balance 2018 212,140 1,290,691 (1,501,770)391,117 180,038 392,178 2019 392,178 1,319,108 (1,424,832)266,762 161,038 553,216 2020 553,216 1,326,838 (1,380,306)-(53,468)499,748
2021 499,748 1,342,631 (1,480,376)15,442 (122,303)377,445 2022 377,445 1,319,698 (1,600,222)1,498,182 1,217,658 1,595,104 2023 1,595,104 1,350,446 (3,571,888)844,551 (1,376,891)218,212

S. Melrose LMD Flow of Funds (2018-2023)
Assessment Districts Fiscal Status Update
Year Fund Balance Revenue Expenses Transfer in Net Change Fund Balance 2018 86,188 99,517 (104,195)-(4,678)81,509
2019 81,509 102,795 (105,373)-(2,578)78,931
2020 78,931 103,155 (115,551)-(12,396)66,535
2021 66,535 99,478 (115,838)-(16,360)50,175
2022 50,175 98,622 (113,875)-(15,253)34,922
2023 34,922 101,155 (129,587)(28,432)6,490

SMD No. 1 Flow of Funds (2018-2023)
Assessment Districts Fiscal Status Update
Year Fund Balance Revenue Expenses Transfer in Net Change Fund Balance 2018 (3,428)301,362 (228,207)73,154 69,727
2019 69,727 307,037 (236,563)70,474 140,200
2020 140,200 314,864 (237,107)77,757 217,958
2021 217,958 318,476 (290,550)27,925 245,883
2022 245,883 306,379 (220,451)85,927 331,811
2023 331,811 322,094 (645,337)(323,243)8,568

Civic Center Dr. Median at The Grove Sr. Housing

E. Vista Way Median at Fire Station #6

N. Santa Fe Ave Median at Indian Rock

S. Melrose Median at Breeze Hill

Sycamore Ave Median at Business Park Dr.

Vista City CouncilMay 9, 2023

Vista City Council
May 9, 2023