ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: PH3
Prepared by: Bill Tuck, Right-of-Way Agent Meeting Date: May 28, 2024 Approved by:
Greg Mayer, City Engineer
John Conley, City Manager Agenda Location: Public Hearing SUBJECT: PUBLIC HEARING FOR THE VACATION OF A PORTION OF FOOTHILL DRIVE RECOMMENDATION:
1. Open, conduct and close a public hearing to receive testimony regarding the vacation of a portion of Foothill Drive.
2.Adopt City Council Resolution No. 2024- , vacating a portion of Foothill Drive.
PRIOR ACTION: On May 14, 2024, City Council adopted City Council Resolution No. 2024-57, declaring its intent to initiate proceedings to vacate a portion of public street on Foothill Drive (Vote:
4-0, Green absent).
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 vicinity map 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 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.
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
Opened, conducted, and closed the Public Hearing. Approved above recommendation and adopted City Council Resolution No. 2024-74. Vote: 5-0.
MEETING DATE: MAY 28, 2024 PAGE 2
SUBJECT: PUBLIC HEARING FOR THE VACATION OF A PORTION OF FOOTHILL DRIVE 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); There is no direct fiscal impact associated with the staff recommendation.
EXHIBITS:
1.City Council Resolution No. 2024- , vacating a portion of Foothill Drive
2.Vicinity Map
3.Notice of Public Hearing
05/28/2024 PH3 2 of 10
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. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, VACATING A PORTION OF 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. On May 28, 2024, 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 Foothill Drive 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 Foothill Drive 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 Foothill Drive 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 Foothill Drive described in Exhibits “A” and “B” is excess right of way consisting of unimproved land located outside of the established 50-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 Foothill Drive, a public street, as described in said Exhibit “A”, subject to the following conditions:
05/28/2024 PH3 3 of 10
EXHIBIT 1
VACATION OF A PORTION OF FOOTHILL DRIVE
00091267 3
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.
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.
Reserving an easement for Pacific Bell Telephone Company dba AT&T California as it may from time to time require to construct, place, operate, inspect, maintain, repair, replace and remove such underground communication facilities (including ingress and egress therefrom) consisting of wires, cables, conduits, pipes, manholes, handholes, service boxes, aboveground markers, risers, service pedestals, underground and aboveground switches, fuses, terminals, terminal equipment cabinets, transformers with associated concrete pads associated electrical conductors, 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. 05/28/2024 PH3 4 of 10
VACATION OF A PORTION OF FOOTHILL DRIVE
00091267 3
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on May 28, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20240520101519
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
05/28/2024 PH3 5 of 10
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69- 020401
FlLEIPAGE NO. .--------------.
RECORDED REQUEST OF
LAND TITLE INSU].ANCE CO.
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FEa 4 9:00 AM'69
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After Recordin9, please
mail this instrument to:
Ci ty of Vis ta
P.O. Box lOB
Vista, Calif.
bocnrl,cC':-;
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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"
05/28/2024 PH3 6 of 10
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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05/28/2024 PH3 7 of 10
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05/28/2024 PH3 8 of 10
FOOTHILL DR
FO
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R
±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
'
05/28/2024 PH3 9 of 10
EXHIBIT 2
CITY OF VISTA
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 Civic Center 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:
Request to vacate excess public street right of way along 2011 Foothill Drive in Vista, California (APN 177-261-09-00). A map and legal description of the proposed vacation area is available upon request at the Office of the City Clerk of the City of Vista.
VICINITY MAP:
ALL INTERESTED PARTIES ARE INVITED to attend said hearing and express opinions on the matters outlined for the purpose of considering the proposed vacation, at which time any interested person shall have the opportunity to appear, or to submit written comment. 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, Vista Civic Center, 200 Civic Center Drive, Vista CA 92084, Monday through Thursday, 7:30 AM to 5:30 PM, and alternate Fridays, 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
05/28/2024 PH3 10 of 10
EXHIBIT 3
FOOTHILL DRIVE RIGHT-OF -WAY VACATION
VACATION OF A PORTION OF PUBLIC RIGHT-OF-WAY
LOCATED AT 2011 FOOTHILL DRIVE AND RESERVATION
OF UTILITY EASEMENTS
•The applicant, Russell McDaniel, has requested that the City of Vista vacate a portion of excess right-of-way along the property frontage locate at 2011 Foothill Drive. •The excess right-of-way was dedicated as an easement per Doc. No. 1969-020101, recorded February 4, 1969, and lies outside of the existing 50-foot right-of-way that was dedicated per Subdivision Map 2164, recorded July 17, 1929. •2011 Foothill Drive is processing plans for a lot split to accommodate two single family properties. The vacated excess right-of-way is to be incorporated into the proposed development.
Agenda Item PH3
•The portion of excess right-of-way to be vacated, as shown here, consists of approximately 8,200 Sq Ft of unimproved land. •This portion of public right-of-way is located outside of the existing 50-foot -wide right-of-way that is required per the City General Plan Circulation Element and is not needed for any future public improvements.
Agenda Item PH3
•The Notice of Public Hearing was published in a local periodical two weeks prior to this hearing per SHC 8322. •Notices of Public Hearings were conspicuously posted at three locations along frontage of the right-of-way vacation area two weeks prior to this hearing per SHC 8323.
Agenda Item PH3
•Per SHC 8340, a public entity may reserve and except from the vacation easements for public utilities. •SDG&E, AT&T, and Cox Communications have utilities within area to be vacated. •Easements for SDG&E, AT&T, and Cox Communications will be reserved from this right-of-way vacation.
Agenda Item PH3
QUESTIONS OR COMMENTS
Agenda Item PH3