ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: C6
Prepared by: William D. Tuck, Right of Way Agent Meeting Date: October 10, 2023 Approved by:
Greg Mayer, City Engineer
John Conley, Acting City Manager Agenda Location: Consent Calendar SUBJECT: ACCEPTANCE OF CERTAIN OFFERS OF DEDICATION ON MAP 13732 AND ACCEPTANCE OF IRREVOCABLE OFFER OF DEDICATION ON APN 183-012-45
RECOMMENDATION: Adopt City Council Resolution No. 2023- , authorizing the Mayor to accept certain offers of dedication that were previously rejected on Map No. 13732.
Adopt City Council Resolution No. 2023- , authorizing the Mayor to accept an Irrevocable Offer of Dedication on APN 183-012-45.
CORRELATION TO CITY COUNCIL GOALS: Routine operational item not directly corresponding to a specific City Council goal.
PRIOR ACTION: On March 9, 1999, adopted City Council Resolution No. 99-21, approving a final map for Vista tract V.T. 89-131, within the City of Vista (Vote: 5-0).
On October 30, 1989, adopted City Council Resolution No. 89-170, approving a tentative subdivision map and denying an appeal of the decision of the Planning Commission (Vote: 4-1, Smith opposed).
PRIOR PLANNING COMMISSION ACTION: On September 5, 1989, adopted Planning Commission Resolution No. 89-56, approving Tentative Subdivision Map No. 89-131, for fourteen detached single family dwelling residential lots (Vote: 6-0, Schaefer absent).
STATEMENT ON THE SUBJECT: In 1999, the City approved the 3.81-acre Vista Tract 89-131 subdivision of 12 residential lots and accepted its subdivision map, Map No. 13732 (Exhibit 3), which was recorded by the San Diego County Recorder’s Office on March 12, 1999 as File No. 1999-0161233. This subdivision is located along the private street of Via Reata, south of Sunset Drive. A Vicinity Map is included as Exhibit 5.
At the time of the map’s recording, because the public improvements were not yet constructed, the City rejected the offers of dedication for a portion of Sunset Drive (10-foot wide strip at the entrance of Via Reata) for roadway, drainage and utility purposes, and sewer and public utility easements within Via Reata and a southern extension. For the public utility and sewer easements specifically, the City’s acceptance will only be for the area that lies within Via Reata and extends southeast to the subdivision boundary; this is where existing sewer pipelines are located (shown as the purple area on Exhibit 5). The City’s acceptance excludes the offer of dedication area that lies within Lots 7 through 9 (the pink area shown on Exhibit 5) since there are no existing sewer pipelines in this location and the City does not foresee a future AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
Approved above recommendation, adopted the following: 1) City Council Resolution No. 2023-178.
Vote: 5-0; 2) City Council Resolution No. 2023-179. Vote: 5-0.
MEETING DATE: October 10, 2023 PAGE 2
SUBJECT: ACCEPTANCE OF CERTAIN OFFERS OF DEDICATION ON MAP 13732 AND ACCEPTANCE OF IRREVOCABLE OFFER OF DEDICATION ON APN 183-012-45
need for public sewer facilities on these lots. If the City ever determines that it needs the public utility and sewer easements on Lots 7 through 9, the standing offer of dedication remains to be accepted at any future time.
In conjunction with Map 13732, an Irrevocable Offer of Dedication (“IOD”) recorded as Document No. 1998-0382872 on June 23, 1998 (Exhibit 4) was granted to the City by the owner of Assessor Parcel Number (APN) 183-012-45, which is 960 Sunset Drive. While not a part of Map 13732, this parcel is adjacent to the subdivision. The IOD dedicates a 10-foot-wide strip of public street right of way along the south side of Sunset Drive, west of Via Reata, and covers existing street and sidewalk.
Acceptance of certain offers of dedication on Map 13732 and the IOD will make the record clear regarding the status of public easements for existing public improvements. Via Reata will continue to be a privately maintained street.
California Planning and Land Use Government Code Section 66477.2 specifies that any rejected offer of dedication on a map shall remain open and subject to future acceptance by the legislative body. 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 specified offers of dedication on Map 13732 and accept the Irrevocable Offer of Dedication on APN 183-012-45.
FISCAL IMPACT: There is no direct fiscal impact associated with the staff recommendation. The accepted dedication areas have already been maintained as part of the City’s public improvements.
EXHIBITS:
1.City Council Resolution No. 2023- , authorizing the Mayor to accept certain offers of dedication that were previously rejected on Map No. 13732
2.City Council Resolution No. 2023- , authorizing the Mayor to accept an Irrevocable Offer of Dedication on APN 183-012-45
3.Map 13732
4.Irrevocable Offer of Dedication 1998-0382872
5.Vicinity Map
10/10/2023 C6 2 of 18
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: 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 CERTAIN
OFFERS OF DEDICATION THAT WERE PREVIOUSLY REJECTED ON
MAP 13732
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 1999, the City of Vista (“City”) approved the 3.81-acre Vista Tract 89-131 subdivision of 12 residential lots and accepted its subdivision map, Map No. 13732 (“Map”), which was recorded by the San Diego County Recorder’s Office on March 12, 1999 as File No. 1999-0161233.
B. When the Map was recorded, the City rejected the offers of dedication for a portion of Sunset Drive (10-foot wide strip at the entrance of Via Reata) for roadway, drainage and utility purposes, and sewer and public utility easements within Via Reata and a southern extension.
C. The City now desires to accept the offer of dedication for a portion of Sunset Drive covering a 10-foot wide strip across the entrance of Via Reata, for roadway, drainage and utility purposes.
D. The City also now desires to accept the offer of dedication for public sewer and public utility easements that lie within Via Reata and extend southeast to the subdivision boundary, EXCLUDING the dedication area that lies on Lots 7 through 9 of the Map, located south of the following described line: Beginning at the most easterly corner of Lot 7, thence along the northeasterly line of Lot 7 N 48°23’34” W 12.00 feet; thence leaving said northeasterly line of Lot 7 S 63°03’12” W 15.00 feet; thence N 69°16’20” W 184.56 feet to the easterly line of Lot 8; thence N 74°26’27” W 143.56 feet to the southeasterly line of Lot 9; thence N 41°41’14” W 27.25’; thence S 89°56’12” W 5.00 feet to the westerly line of Lot 9. This excluded area shall remain rejected.
F. Section 66477.2 of the California Government Code specifies that any rejected offer of dedication shall remain open and subject to future acceptance by the legislative body. 10/10/2023 C6 3 of 18
EXHIBIT 1
Resolution No. 2023-
Location: Via Reata, Vista CA
00091267 3
2. Action.
A. The City Council rescinds its prior action rejecting the dedication of a portion of Sunset Drive (10-foot wide strip at the entrance of Via Reata) for roadway, drainage and utility purposes, and sewer and public utility easements within Via Reata and a southeastern extension only, as described above in Section 1.D.
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.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on October 10, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20230927154558
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
10/10/2023 C6 4 of 18
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: 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 OF DEDICATION ON APN 183-012-45
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 1998, an Irrevocable Offer of Dedication (“IOD”) recorded as Document No. 1998-0382872 on June 23, 1998 was granted to the City by the owner of Assessor Parcel Number (APN) 183-012-45, which has the street address of 960 Sunset Drive.
B. The IOD dedicates a 10-foot-wide strip of public street right of way along the south side of Sunset Drive, west of Via Reata, and covers existing street and sidewalk.
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 of Dedication recorded as Document No. 1998-0382872 on June 23, 1998.
2. Action.
A. The City Council accepts the Irrevocable Offer of Dedication recorded as Document No. 1998-0382872 on June 23, 1998.
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. 10/10/2023 C6 5 of 18
EXHIBIT 2
Resolution No. 2023-
Location: Sunset Drive, Vista CA (APN 183-012-45)
00091267 3
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on October 10, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20230927154949
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
10/10/2023 C6 6 of 18
10/10/2023 C6 7 of 18
EXHIBIT 3
10/10/2023 C6 8 of 18
10/10/2023 C6 9 of 18
RECORDING REQUESTED BY:
CITY OF VISTA THIS DOCUMENT BEING RECORDED
AFTER RECORDING, PLEASE WITHOUT FEE TO BENEFIT THE
RETURN THIS INSTRUMENT TO: CITY OF VISTA
CITY OF VISTA-CITY CLERK
P.O. BOX 1988 DOCUMENTJi~Y/T~ANSFER TAX
VISTA, CA. 92085-1988 SIONATUREy ~
n IRREVOCABLE OFFER OF DEDICATION
PC 89-131 GP 95-01 DWG. NO. 3470
t .'
FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY
ACKNOWLEDGED, THE UNDERSIGNED, TIMOTHY JAMES POWELL AND BRENDA
JANE POWELL, AS CO-TRUSTEES OF THE POWELL FAMILY TRUST DATED MARCH 22, 1978, HEREINAFTER REFERRED TO AS THE GRANTOR(S), DO(ES) HEREBY
IRREVOCABLY OFFER TO DEDICATE TO THE CITY OF VISTA, A MUNICIPAL
CORPORATION IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE
FOLLOWING DESCRIBED REAL PROPERTY FOR PURPOSES OF STREETS, HIGHWAYS,
RIGHTS-OF-WAY, PATHS, ALLEYS, DRAINAGE, SEWER LIENS AND APPURTENANCE
STRUCTURES, AND PUBLIC UTILITIES, INCLUDING THE PRIVILEGE AND RIGHT TO
EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES
BEYOND THE LIMITS OF THE HEREIN DESCRIBED RIGHT-OF-WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID CITY STREET.
SEE ATTACHED EXHIBIT "A"
10/10/2023 C6 10 of 18
EXHIBIT 4
625
IRREVOCABLE OFFER OF DEDICATION
PC 89-131 GP 95-01 DWG. NO. 3470
PAGE 2
THIS OFFER OF DEDICATION IS MADE PURSUANT TO THE PROVISIONS OF SECTION 7050 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. THIS OFFER OF
DEDICATION SHALL BE BINDING UPON THE GRANTOR, HIS HEIRS, ASSIGNS AND SUCCESSORS IN INTEREST; AND SHALL CONTINUE UNTIL THE CITY COUNCIL OF
THE CITY OF VISTA ACCEPTS OR TERMINATES SAID OFFER BY RESOLUTION DULY
RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCEPTANCE OF THIS OFFER OF DEDICATION
SHALL VEST LEGAL TITLE IN THE CITY OF VISTA TO AN EASEMENT FOR THE PURPOSES SET FORTH UPON, OVER, AND ACROSS THE REAL PROPERTY HEREIN.
IN WITNESS v~q-IEREOF, THE GRANTOR(S) HAS/HAVE SET THEIR HAND(S) AND SEAL THIS y~J'h DAY OF ~4A~ , 199 ~z .
TIMOTHY JAMES POWELL AND BRENDA JANE POWELL, CO-TRUSTEES OF THE PO WELL FAMILY TR UST DA T/F~D MARCH 22, 1978.
imoV/ames Powell, Co-Trustee Brenda Jane Powell, Co-Tmst~e NOTE: MUST ATTACH NOTARY ACKNOWLEDOMENTS FOR ALL SIGNATORS
THIS IS TO CERTIFY THAT THE INTEREST IN REAL PROPERTY CONVEYED BY THIS
DOCUMENT TO THE CITY OF VISTA, A GOVERNMENTAL AGENCY, IS HEREBY ACCEPTED
BY THE UNDERSIGNED OFFICER ON BEHALF OF THE CITY OF VISTA, PURSUANT TO AUTHORITY CONFERRED BY RESOLUTION NO. 93-51 OF THE CITY COUNCIL, ADOPTED ON MAY 11, 1993, AND THE GRANTEE CONSENTS TO RECORDATION THEREOF BY ITS DULY AUTHORIZED OFFICER.
CHARLES R. BRAS, CITY ENGINEER /
COMMUNITY DEVELOPMENT DIRECTOR
10/10/2023 C6 11 of 18
County of
pe~onally ~own to me - OR -~proved to me on the basis of satisfacto~ evidence to be ~e pe~on(s) whose n~m(s) is/are subscribed to ~e wi~in inst~ment
me that he/she/they executed th~ same in his/her/~eir
authorized capacity(ies), and that ~ his/her/their signature(s) on the inst~ment ~e ~on(s). or ~e en6~ u~n beh~fofw~ch
the person(s) acted, executed the inst~ment.
WI;NESS my hand ~ offiei~aI. '
NOTARY PUBLIC~&LIFORNIA 0 ~ - SAN DIEGO COUN~ 0
D~C~ION OF A~AC~D DOCUMENT
personally known to me - OR - ~roved to 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 thc instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
f3;~-~'~-~.~,N0'rAR¥O~w ,
4'~"~
JEANNIEcoMM.PuBLiC.CALiFORNiA #M'tt741~OMILLER ~},,.. W/ITN~SS my hand.~an~, official seal. r ~ ,,,~'~ ~'
DESCRIPTION OF ATTACHED DOCUMENT
T-7'2! (Rev..~/94)10/10/2023 C6 12 of 18
I_627
ALL-PURPOSE ACKNOWL~-~G1WtENT
County of San Diego
personflly ap~ed Cn~es
personally known to me -OR-
evidence to be the person~ whose n~
e subscfi~d to the wi~in ins~ent and
ac~ ~owledged to me ~at ~,~ ex.uteri
the same in ~t~ authorized
capacity~, and that by~/h~/t~
signature~ on t~e inst~ment t~e per~on~,LINDA LEAK . a ~~ Comm. t 1148605
i
e ~or~on ~low is not re~ by law. However, it could prevent ~audulent attachment nt to ~ ~au~z~ d~ument.
i~ nngineer/~,r.e ~ GUARD~/CONSERVATOReDA~ OFD~UMENTSIGNER IS REPRESENTING-City 10/10/2023 C6 13 of 18
628
IRREVOCABLE OFFER OF DEDICATION
PC 89-131 GP 95-01 DWG. NO. 3470
PAGE 3
LENDERS SUBORDINATION AND CONSENT
THE UNDERSIGNED, WASHINGTON MUTUAL BANK, FA., FORMERLY KNOWN AS
AMERICAN SAVINGS BANK , BENEFICIARY UNDER THAT CERTAIN DEED OF TRUST RECORDED ON JULY 12 , 19 90 , AS INSTRUMENT NO. 90-376924 ,
IN THE OFFICIAL RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, HEREBY CONSENTS
TO THE WITHIN EASEMENT DOCUMENT AND HEREBY SUBORDINATES THE LIEN OF
SAID DEED OF TRUST TO THE LIEN AND THE PROVISIONS OF THE WITHIN EASEMENT DOCUMENT.
DATE: JUNE 10, 1998
WASHINGTON MUTUAL BANK, FA
NAME: PATRICIA BEARDSLE~J
TITLE: VICE PRESIDENT
NAME: KAREN WISE
TITLE: ASSISTANT SECRETARY
Aq-FACH APPROPRIATE JURATS]
10/10/2023 C6 14 of 18
1629
Loan No. 9169306801
PC 89-131 GP 95-01 DWG. No. 3470
STATE OF CALIFORNIA §
COUNTY OF SAN JOAQUIN §
On , ~'~'~ /~/, ]~'~"/ ,before me, Alicia Oliveira ,the undersigned Notary Public, in and for said County and State, personally appeared Patricia Beardslev, Vice President and Karen Wise, Assistant Secretary , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity(les), and that by their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
This area for official notarial seal)
10/10/2023 C6 15 of 18
GRANT OF IRREVOCABLE
OFFER BY POWELL TRUST
THAT PORTION OF LOTS 4 AND 5 IN FRACTIONAL SECTION 31, TOWNSHIP 11 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, AND THAT PORTION Of LOT 1, RANCHO MAR VISTA, ACCORDING TO MAP THEREOF NO. 2051, FILED AUGUST 17, 1927, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF RANCHO VISTA TRACT NO. 2, WITH THE CENTER LINE OF SUNSET DRIVE AS SHOWN ON MAP NO. 1984, RECORDS OF SAN DIEGO COUNTY; THENCE SOUTH 39° 29' WEST 6.12 FEET; THENCE ALONG A CURVE, CONCAVE TO THE SOUTHEAST CENTRAL ANGLE OF 19° 52' 30", RADIUS 86.80 FEET, 30.11 FEET; THENCE SOUTH 19° 36' 30" WEST, 77.30 FEET; THENCE ALONG A CURVE, CONCAVE TO THE NORTHWEST CENTRAL ANGLE OF 55° 36', RADIUS
60.00 FEET, 58.22 FEET; THENCE SOUTH 75° 12' 30" WEST TO AND ALONG THE NORTHWESTERLY LINE OF THE LAND CONVEYED TO PERRY BARKER AND GEORGIA E.
BARKER , BY DEED DATED AUGUST 23, 1928, AND RECORDED IN BOOK 1571, PAGE 144 OF DEEDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, 133.91 FEET; THENCE ALONG A CURVE, CONCAVE TO THE SOUTHEAST CENTRAL ANGLE OF 20° 52' RADIUS 100.00 FEET, 36.42 FEET; THENCE SOUTH 54° 20' 30" WEST, 55.48 FEET; THENCE ALONG A CURVE, CONCAVE TO THE SOUTHEAST CENTRAL ANGLE OF 16° 37' RADIUS 103.06 FEET, 29.89 FEET; THENCE SOUTH 37° 43t 30" WEST CONTINUING ALONG
SAID NORTHWESTERLY LINE OF BAKER'S LAND AND ITS SOUTHWESTERLY PROLONGATION 518.93 FEET _TO A 200.19 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10° 58' 34" AN ARC DISTANCE OF 38.35 FEET; THENCE SOUTH 48° 42' 34" WEST 53.66 FEET; THENCE SOUTH 41° 17' 26" EAST 20.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 41 ° 17' 26" EAST 10.00 FEET; THENCE SOUTH 48° 42' 34" WEST 8.66 FEET TO A 330.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG SAiD CURVE THROUGH A CENTRAL ANGLE OF 15° 07' 34" AN ARC DISTANCE OF 87.12 FEET; THENCE SOUTH 64° 09' 44" WEST 3.16 FEET; THENCE NORTH 8° 34' 40" WEST 10.48 FEET TO A POINT ON A 320.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 26° 09' 52" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15° 07' 34" AN ARC DISTANCE OF 84.48 FEET; THENCE NORTH 48° 42' 34" EAST 8.66 FEET TO THE TRUE POINT OF BEGINNING.
10/10/2023 C6 16 of 18
1631
G I~tV T O,,~ I, RA~b'V~'A ~qL ~
10/10/2023 C6 17 of 18
VICINITY MAP
MAP 13732: VIA REATA & IOD ON APN 183-012-45
10/10/2023 C6 18 of 18
EXHIBIT 5