ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: C10
Prepared by: Bill Tuck, Right-of-Way Agent Meeting Date: May 14, 2024 Approved by:
Greg Mayer, City Engineer
John Conley, City Manager Agenda Location: Consent Calendar SUBJECT: SET PUBLIC HEARING FOR THE VACATION OF A PORTION OF FOOTHILL DRIVE RECOMMENDATION: Adopt City Council Resolution No. 2024- , declaring its intent to initiate proceedings to vacate a portion of public street easement on Foothill Drive.
PRIOR ACTION: None.
STATEMENT ON THE SUBJECT: The proposed street vacation is for a 15-foot-wide strip along the southern and western edge of Foothill Drive, east of Warmlands Avenue, and adjacent to the property identified by Assessor Parcel Number 177-261-09-00. A legal description of the area to be vacated is included in Exhibit 1 as Exhibit A, a vicinity map is included in Exhibit 1 as Exhibit B, and an aerial view is included as Exhibit 2.
The portion of public right-of-way to be vacated was dedicated as an easement per Document No. 1969- 020101, recorded in the Office of the County Recorder, February 4, 1969. This portion of public right-of- way is located along the south and west line of the original 50-foot-wide Foothill Drive as dedicated and accepted on Subdivision Map 2164, recorded in the Office of the County Recorder July 17, 1929. The portion to be vacated does not have any City of Vista public improvements constructed within the easement but it does contain San Diego Gas & Electric (SDG&E), AT&T, and Cox Communications facilities. An easement for these facilities will be reserved as part of the vacation process.
Per the General Plan Circulation Element, this portion of Foothill Drive is designated as a semi-rural street with a right-of-way of 46-55 feet, a curb-to-curb width of 28-38 feet, is designated as a Class III bike route, and is designated for a pedestrian trail. The 50-foot-wide right-of-way dedicated per Map No. 2164 and the current improvements meet these requirements. The easement to be vacated is excess right-of-way and is not required for any future improvements along this stretch of roadway.
The Public Streets, Highways, and Service Easement Vacation Law, at Section 8320 of the California Streets and Highway Code (Code), authorizes the City to initiate proceedings for the vacation of public streets within the City of Vista. The Code requires a two-step process, setting the date for a public hearing and then holding a public hearing, because there are other remaining public utility easements located in the street vacation area. Staff recommends the public hearing be held on May 28, 2024, to meet notice requirements.
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
Approved above recommendation, adopted City Council Resolution No. 2024-57.
Vote: 4-0 (Green absent)
MEETING DATE: May 14, 2024 PAGE 2
SUBJECT: SET PUBLIC HEARING FOR THE VACATION OF A PORTION OF FOOTHILL DRIVE The Community Development Director (Director) has determined that the proposed vacation is in compliance with the City’s General Plan and Circulation Element. In accordance with California Government Code Section 65402, the Director has also determined that the proposed vacation qualifies as being “minor” in nature and not subject to Planning Commission review.
FISCAL IMPACT: The applicant, Russell McDaniel, 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. 2024- , declaring its intent to initiate proceedings to vacate a portion of public street easement on Foothill Drive (including Exhibits A-B).
2.Aerial view
3.Notice of Public Hearing
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00091267 3
RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA,
CALIFORNIA, DECLARING ITS INTENT TO INITIATE PROCEEDINGS TO
VACATE A PORTION OF PUBLIC STREET EASEMENT ON FOOTHILL DRIVE 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 Public Streets, Highways, and Service Easements Vacation Law, Section 8320 of the California Streets and Highways Code (“Street Vacation Law”), authorizes the City to initiate proceedings for the vacation of public streets within the City of Vista.
B. The City Council desires to initiate proceedings to vacate a portion of Foothill Drive as described on the attached Exhibit “A” and shown on the attached Exhibit “B”.
2. Action.
A. The City Council declares its intent to hold a public hearing on May 28, 2024, at 5:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers located at 200 Civic Center Drive, Vista, California, to consider the vacation of a portion of Foothill Drive pursuant to the Street Vacation Law.
B. The City Engineer is authorized and directed to prepare notices for publication and to post such notices along the proposed vacation in accordance with the Street Vacation Law.
C. The City Clerk is authorized and directed to publish a notice of public hearing at least fifteen days following the date this Resolution is approved and to publish that notice for two consecutive weeks prior to May 28, 2024.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on May 14, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20240502151208
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
05/14/2024 C10 3 of 8
EXHIBIT 1
I RECOR:'R' G1'1":J~,-: make t\ocharge
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u:licn witll El Gov.
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69- 020401
FlLEIPAGE NO. .--------------.
RECORDED REQUEST OF
LAND TITLE INSU].ANCE CO.
4...-4-~'t
FEa 4 9:00 AM'69
t;o".
After Recordin9, please
mail this instrument to:
Ci ty of Vis ta
P.O. Box lOB
Vista, Calif.
bocnrl,cC':-;
I,~,....)' 1'?';"":'''~'2''' Tax $,i. }" )!.t-'_.
ERIES 10 BOOK 1969
SOFFICIAL RECORg~LIr.
SAtD1~g~~~Nni:ORDER (,
EASE~ffiNT FOR CITY STREET 8
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Kl\O\'l ALL ~lEN BY THESE PRESENTS:MARY C. LURO. a marrip-n wnm~n~ Gr an tor _' XIlliotxxxxxxxxxxxxxxxxxxxxxxxxxxx~1qrlallll3cxxxxxxxxxxxxxxxxxxXXXXXXXXl[ YYYXYYVYYYYYYYXyyyyyyyyyyyy ,
owner__
of the hereinafter described
lands, for a valuable consideration, the receipt whereof is hereby acknow- ledged, and the benefits to accrue to her by reason of the location and establishment by the City of Vista, County of San Diego, State of California, of a public highway upon, over and across said lands, she does mo hereby signify her approval of and consent to the location, establishment and construction of such highway thereon and she do~, by the.:;e presents hereby grant" convey and dedicate to the City of Vista, County of San Diego, State of California, grantee, the right of way and incidents thereto for such public highway upon, over and across the said lands, hereinafter described, lying and being in the City of Vista, County of San Diego, State of California, and particularly described as follows, to-wi t :
I C:::
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0 BC;.,inning at th~ SouthcaGt corner of Lot 92 of Vista Grande, Unit No.2, in the City of ViatA, County of Sun Diego) Stntc of Clllifornia, according :':0 }'~p th.o;:eof No. 216l, filed in the office of the County Recorder of Sun Dic[;o County, July 17, 1929; thence North 010 13' East, along the Easterly line of said Lot 92, 128.80 feet to the True Point of Beginning; thence continuing No);"th 010 13' East, along the Easterly line of said Lot 92, 140.99 feet to the bczinning of a tangent curve, concave Southwesterly and having a radius of
24.62 fc~t; thence Northwesterly along the arc of ~nid curve, a dist~nc2 of
39.05 feet; thence North 890 42' West along the Northerly line of said I.ot 92 and the Northerly line of said Lot 93, said V.ista Grande, Unit No.2, 357.53 feet; thence South 010 16' l,est 15.00 feet; thence South 890 42' East 326.91 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 40. 00 feet; thence Southeasterly, along the arc of said curve, 63.46 feet; thence South 010 13' West 110.37 feet; thence South 890 42' East 15.00 feet to the True Point of Beginning.
255586-R
EXHIBIT "A"
05/14/2024 C10 4 of 8
36:l
For the consideration named herein we hereby grant to the City of Vista 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.
And she , the said grantor_, dO-aa hereby waive all claim for' compensation for any and all damages on account of the location, establish- ment and construction of said highway; and do~ hereby grant to the CityofVista, County of San Diego, State of California, all trees, growths growing or that may hereafter grow) and roadbuilding materials within said right of way, together with the right to use the same in such manner and at such locations as said grantee may deem proper, needful or necessary in the construction, reconstruction and maintenance of said street.
IN WITNESS WHEREOF the said grantor has
set her hand_ and seal_ this jJ,1 / day of C'~;
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STATE OF CALIFORNIA)
ss
COUNTY OF~~
d;r fYI "1 c. 'f before me, the undersigned, a Notary Public i and for said County and State, personally appeared Maria C. Lura known to me to be the person(~) whose name~) is/~subscribed to the with- in instrument, and acknowledged to me that ~she/~xecuted the same.
WITNESS my hand and Official Seal.
MARY J. COSTA I
NOTARY PUBLIC - CALIFORNIA ~
PRINCIPm. OfFICE IN I
LOS AHGEl.ES COUNTY I
MARY J. COSTA
My Commission Expires March 10, 197.1
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05/14/2024 C10 5 of 8
05/14/2024 C10 6 of 8
FOOTHILL DR
FO
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±1 inch = 50 feet
RIGHT-OF-WAY EASEMENT
DOC. NO. 1969-020401
TO BE VACATED
2015 FOOTHILL DRIVE
A.P.N. 177-261-09-00
A.P.N. 177-261-10-00
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: 04/19/2024
Data Source: City of Vista 2022 Ortho Imagery
2011 FOOTHILL DRIVE
25' 25'
25 '
2 5
'
05/14/2024 C10 7 of 8
EXHIBIT 2
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the Chartered City of Vista, California, will hold a public hearing in the Vista City Hall Council Chambers, 200 Civic Center Drive, Vista, California, on May 28, 2024, at 5:30 p.m. or as soon thereafter as possible, to receive and consider all evidence and reports presented at said hearing and/or obtained previously relative to the following matter:
LEGAL DESCRIPTION: 2011 FOOTHILL DRIVE, APN 177-261-09-00: AN EASEMENT FOR PUBLIC
STREET PURPOSES, IN THE CITY OF VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
AS DESCRIBED IN DEED RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 4, 1969, AS DOCUMENT NO. 1969-020401, CONTAINING 8,222 SQUARE FEET, MORE OR LESS.
VICINITY MAP:
ALL INTERESTED PARTIES ARE INVITED to attend said hearing and express opinions on the matters outlined above.
This vacation proceeding is conducted under the Streets and Highways Code, Division 9, Part 3, Chapter
3.General Vacation Procedure (Section 8320).
QUESTIONS regarding the above should be directed to the ENGINEERING DEPARTMENT, City Hall, 200 Civic Center Drive, Vista CA 92084, Monday through Thursday, 7:30 AM to 5:30 PM, and every other Friday, 7:30 AM to 4:30 PM, or by contacting Bill Tuck, Right of Way Agent, at (760) 643-5420 or [email protected].
Kathy Valdez, City Clerk
05/14/2024 C10 8 of 8
EXHIBIT 3