ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: PH1
Prepared by: Bill Tuck, Right-of-Way Agent Meeting Date: December 12, 2023 Approved by:
Greg Mayer, City Engineer
John Conley, City Manager Agenda Location: Public Hearing SUBJECT: PUBLIC HEARING FOR THE VACATION OF A PORTION OF S. SANTA FE AVE.
RECOMMENDATION:
1. Open, conduct and close a public hearing and receive public testimony regarding the vacation of a portion of S. Santa Fe Ave.
2.Adopt City Council Resolution No. 2023- , vacating a portion of S. Santa Fe Avenue.
PRIOR ACTION: On November 14, 2023, adopted City Council Resolution No. 2023-194, declaring its intent to initiate proceedings to vacate a portion of public street on S. Santa Fe Avenue (Vote:5- 0).
STATEMENT ON THE SUBJECT: The proposed street vacation is for a 15-foot-wide strip along the eastern edge of S. Santa Fe Avenue, north of Nostalgia Place, adjacent to the property addressed as 1070 S. Santa Fe, and identified by Assessor Parcel Number 180-310-15-00. A vicinity map is included within Exhibit B within Exhibit 1.
The portion of public right-of-way proposed to be vacated was part of State Highway XI-SD-196-Vsta. The State of California acquired this portion of right-of-way in fee per deed recorded in book of deeds, Book 4858, Page 213, on May 18, 1953. The State of California relinquished State Highway XI-SD-196-Vsta to the City of Vista per recorded Doc. No. 76540 on 5/2/1963, thereby transferring all fee ownership to the City of Vista.
Per the City of Vista Circulation Element, S. Santa Fe Avenue is designated as a 4-lane major arterial with a total right-of-way width of 100 feet, and a half width of 50 feet. The current half width of the right-of-way along the portion proposed to be vacated is 65 feet. The proposed vacation will formerly release the excess 15 feet of right-of-way beyond the 50-foot half width required per the Circulation Element. The vacated area, totaling 2,272 square feet, is to be sold to the adjacent property owner for the appraised value of $50,000.00, and will be incorporated into a proposed multi-family development.
Notices for this Public Hearing were published and posted pursuant to the Public Street, Highways, and Service Easement Vacation Law commencing with Section 8300 of the California Streets and Highway Code.
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
Approved above recommendation, adopted City Council Resolution No. 2023-210.
Vote: 5-0.
MEETING DATE: DECEMBER 12, 2023 PAGE 2
SUBJECT: PUBLIC HEARING FOR THE VACATION OF A PORTION OF S. SANTA FE AVENUE FISCAL IMPACT: The applicant, AMB SSF LLC, a California limited liability company, has paid the $3,686.29 easement vacation fee, which was deposited to the Engineering Fees Revenue Account (No. 0010032.433000); The revenue received from sale of the vacated right-of-way area, $50,000.00, will be deposited into the General Fund Sale of City Property Account (No. 0010081.483000).
EXHIBITS:
1.City Council Resolution No. 2023- , vacating a portion of S. Santa Fe Avenue
2.Aerial view
12/12/2023 PH1 2 of 8
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, VACATING A PORTION OF S. SANTA FE AVENUE The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. On December 12, 2023, the City Council conducted a public hearing as required by the Public Streets, Highways, and Service Easements Vacation Law (the “Streets Vacation Law”) being Chapter 3 of Part 3, Division 9 of the California Streets and Highways Code; to consider the vacation of that portion of S. Santa Fe Avenue described in the attached Exhibit “A” and shown on Exhibit “B”.
B. A notice of Public Hearing has been duly published and posted as required by the Streets Vacation Law.
C. The City Council has received and considered all public testimony, both oral and written, and has considered the recommendations of the City Engineer, and is now prepared to determine whether there is any present or prospective public need for that portion of S. Santa Fe Avenue to be vacated, as described in Exhibit “A”.
2. Action.
A. The City Council finds and determines that there is no present or prospective need for that portion of S. Santa Fe Avenue described in Exhibit “A” and shown in Exhibit “B”.
This finding and determination are based upon the following evidence appearing in the record of the aforementioned hearing that the portion of S. Santa Fe Avenue described in Exhibits “A” and “B” is excess right of way consisting of a private driveway, parking lot, and appurtenances located outside of the established 100-foot-wide right of way.
B. In accordance with Section 65102(a)(3) of the California Government Code, the City Council finds that the proposed vacation is of minor nature and does not require the Planning Commission’s determination regarding its conformance with the City’s General Plan.
C. The City Council hereby approves the vacation of that portion of S. Santa Fe Avenue, a public street, as described in said Exhibit “A”, subject to the following conditions:
Reserving an easement and right of way for SDG&E to erect, construct, change the size of, improve, reconstruct, relocate, repair, remove, maintain, and use facilities consisting of 12/12/2023 PH1 3 of 8
EXHIBIT 1
VACATION OF A PORTION OF S. SANTA FE AVENUE
00091267 3
overhead and underground electric facilities, communication facilities and all appurtenances including necessary anchorage for the transmission and distribution of electricity and for pipelines and appurtenances, together with the right of ingress thereto and egress therefrom over said easement and over other practical routes. No building or other structure shall be permitted within the easement excepting other utility facilities that meet SDG&E’s separation requirements. SDG&E’s prior written consent shall be required before planting any trees or increasing/decreasing the ground elevation within the easement. Grantee shall have the right but not the duty, to trim or remove trees and brush along or adjacent to this easement and remove roots from within this easement whenever Grantee deems necessary. Said right shall not relieve Grantor of the duty as owner to trim or remove trees and brush to prevent danger or hazard to property or persons. Upon receipt of written request from Grantor, this easement will be quitclaimed by Grantee, provided that the facilities have been removed.
Excepting and reserving a perpetual easement unto COX COMMUNICATIONS CALIFORNIA, LLC., A DELAWARE LIMITED LIABILITY COMPANY its successors and assigns, as it may require from time to time, to construct, place, operate, repair, maintain, replace, and remove aerial and/or underground Telecommunications equipment consisting of one or more lines of cables, wires, conduits, pedestals, guys, anchors, and all necessary fixtures and appurtenances.
D. The City Engineer is authorized and directed to close the portion of public street, as described in Exhibit “A”.
E. The City Clerk is authorized and directed to certify to the adoption of this Resolution, and to cause this Resolution to be recorded in the office of the County Recorder, County of San Diego, California, upon certification from the City Engineer that all fore mentioned conditions have been satisfied and that the portion of public street is closed.
F. This Resolution shall be effective as and from the date this Resolution is recorded in the Office of the San Diego County Recorder.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on December 12, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20231204153027
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
12/12/2023 PH1 4 of 8
EXHIBIT A
THAT PORTION OF STREET RIGHT OF WAY IN THE CITY OF VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP THEREOF NO. 1984, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 15, 1973, BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF PARCEL D, OF SAID PARCEL MAP 1984, SAID POINT BEING ON A NON-TANGENT 3065.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID CURVE BEARS NORTH 46°23'07" EAST; THENCE NORTHWESTERLY 155.00 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE 02°53'51"; THENCE LEAVING SAID CURVE ALONG A RADIAL LINE BEARING SOUTH 43°29'16" WEST, 15.00 FEET TO THE BEGINNING OF A 3050.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY 147.99 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°46'48"; THENCE LEAVING SAID CURVE NORTH 69°00'00" EAST 16.26 FEET TO THE POINT OF BEGINNING.
RESERVING AN EASEMENT AND RIGHT OF WAY FOR SDG&E TO ERECT, CONSTRUCT,
CHANGE THE SIZE OF, IMPROVE, RECONSTRUCT, RELOCATE, REPAIR, REMOVE, MAINTAIN,
AND USE FACILITIES CONSISTING OF OVERHEAD AND UNDERGROUND ELECTRIC FACILITIES,
COMMUNICATION FACILITIES AND ALL APPURTENANCES INCLUDING NECESSARY
ANCHORAGE FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND FOR
PIPELINES AND APPURTENANCES, TOGETHER WITH THE RIGHT OF INGRESS THERETO AND EGRESS THEREFROM OVER SAID EASEMENT AND OVER OTHER PRACTICAL ROUTES. NO
BUILDING OR OTHER STRUCTURE SHALL BE PERMITTED WITHIN THE EASEMENT EXCEPTING OTHER UTILITY FACILITIES THAT MEET SDG&E’S SEPARATION REQUIREMENTS. SDG&E’S
PRIOR WRITTEN CONSENT SHALL BE REQUIRED BEFORE PLANTING ANY TREES OR INCREASING/DECREASING THE GROUND ELEVATION WITHIN THE EASEMENT. GRANTEE
SHALL HAVE THE RIGHT BUT NOT THE DUTY, TO TRIM OR REMOVE TREES AND BRUSH
ALONG OR ADJACENT TO THIS EASEMENT AND REMOVE ROOTS FROM WITHIN THIS EASEMENT WHENEVER GRANTEE DEEMS NECESSARY. SAID RIGHT SHALL NOT RELIEVE
GRANTOR OF THE DUTY AS OWNER TO TRIM OR REMOVE TREES AND BRUSH TO PREVENT DANGER OR HAZARD TO PROPERTY OR PERSONS. UPON RECEIPT OF WRITTEN REQUEST
FROM GRANTOR, THIS EASEMENT WILL BE QUITCLAIMED BY GRANTEE, PROVIDED THAT THE FACILITIES HAVE BEEN REMOVED.
SHEET 1 OF 3
EXHIBIT A
LEGAL DESCRIPTION
PLSA 3999
"RIGHT OF WAY DESCRIPTION-SOUTH SANTA FE AVENUE"
12/12/2023 PH1 5 of 8
EXCEPTING AND RESERVING A PERPETUAL EASEMENT UNTO COX COMMUNICATIONS CALIFORNIA, LLC., A DELAWARE LIMITED LIABILITY COMPANY ITS
SUCCESSORS AND ASSIGNS, AS IT MAY REQUIRE FROM TIME TO TIME, TO CONSTRUCT, PLACE,
OPERATE, REPAIR, MAINTAIN, REPLACE, AND REMOVE AERIAL AND/OR UNDERGROUND
TELECOMMUNICATIONS EQUIPMENT CONSISTING OF ONE OR MORE LINES OF CABLES, WIRES,
CONDUITS, PEDESTALS, GUYS, ANCHORS, AND ALL NECESSARY FIXTURES AND APPURTENANCES.
CONTAINING 2,272 SQUARE FEET, MORE OR LESS.
EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF.
_______________________________
MAXIMILIAN LEBL, PLS 9323
_______________________________
DATE:
SHEET 2 OF 3
PRELIMINARY
PLSA 3999
EXHIBIT A
LEGAL DESCRIPTION
EXHIBIT A
"RIGHT OF WAY DESCRIPTION-SOUTH SANTA FE AVENUE"
10/11/2023
12/12/2023 PH1 6 of 8
(N
6 9
°
0 0
'
0 0
"
E
,
R
1 )
(L=155.00' R=3065.00' D=2°53'51", R1)
(L=147.99' R=3050.00' D=2°46'48", R1)
(16.26, R1)
(11
1 .
2 2
'
,
R
1 )
(S 43°29'16" W (R) 15.00', R1)
PARCEL D
PM 1984
PARCEL D
PM 6559
15 '
50 '
50 '
11 5
'
APN: 180-310-15
APN: 180-320-17
(N 46°23'07" E (R), R1)
(N 46°16'04" E (R), R1)
SOUTH SANTA FE AVENUE
XI-SD-196 B
A
B
SITES
O
U
T
H
S
A
N
T
A
F
E
A
V
E
ALTA
C
A
L
L
E
NOST
A
L
G
I
A
P
L
MONTE VISTA D
RPOS
T
A
L
W
A
Y
N
S
E
W SHEET 3 OF 3
LEGEND
PROPERTY LINE
RIGHT-OF-WAY LINE
CENTER LINE
PARCEL MAP NO. 1984R1
EXHIBIT B
PLAT
PLSA 3999
EXHIBIT B
SCALE = 1" = 40'
PARCEL MAP NO. 6559R2
VICINITY MAP
1"=1000'
RIGHT OF WAY AREA TO BE VACATED =
2272 SF, MORE OR LESS
SANTA FE AVE DEDICATED PER MAP
2035
PORTION OF SANTA FE AVE PER MAP
2035 VACATED OCT. 24, 1977 PER CITY
COUNCIL RESOLUTION 77-189
A
B
12/12/2023 PH1 7 of 8
1070
1082
1069
S
S
A
N
T
A
F
E
A
V
E
1 inch = 30 feet±
Coordinate System: NAD 1983 State Plane California VI FIPS 0406 Feet Projection: Lambert Conformal Conic
Geographic Coord Sys: GCS North American 1983
Datum: D North American 1983
Prepared By: William Tuck, City of Vista
Map Created: 11/3/2023
Data Source: City of Vista 2022 Ortho Imagery
PROPOSED RIGHT-OF-WAY VACATION
EXHIBIT 2
12/12/2023 PH1 8 of 8
EXHIBIT 2