ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: C13
Prepared by: Bill Tuck, Right-of-Way Agent Meeting Date: June 11, 2024 Approved by:
Greg Mayer, Director of Engineering
John Conley, City Manager Agenda Location: Consent Calendar SUBJECT: SET PUBLIC HEARING FOR THE VACATION OF A PORTION OF OLD TAYLOR STREET RECOMMENDATION: Adopt City Council Resolution No. 2024- , declaring its intent to initiate proceedings to vacate a portion of public street easement on Old Taylor Street.
PRIOR ACTION: None.
STATEMENT ON THE SUBJECT: The proposed street vacation is for a 10-foot-wide strip along the northerly line of Old Taylor Street, at the intersection with East Vista Way, and adjacent to the property identified by Assessor Parcel Number 171-231-08-00. The portion to be vacated is to be incorporated into the redevelopment of Fire Station No. 3. 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 in Exhibit 2.
The portion of public right-of-way to be vacated was dedicated as an easement per File/Page No. 65293, recorded in the Office of the County Recorder, April 14, 1961. This portion of public street right-of-way is located along the northerly line of Taylor Street as dedicated and accepted on Subdivision Map 2187, recorded in the Office of the County Recorder September 15, 1930. 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.
Old Taylor Street is considered a local street and is not designated as a Circulation Element roadway. The current 40-foot half width will be reduced to 30 feet and will be improved with a curb, gutter, and sidewalk as part of the redevelopment of Fire Station No. 3. The portion of public street right-of-way 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 June 25, 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. 2024-90.
Vote: 5-0
MEETING DATE: June 11, 2024 PAGE 2
SUBJECT: SET PUBLIC HEARING FOR THE VACATION OF A PORTION OF OLD TAYLOR STREET 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, City of Vista, has initiated this vacation proceeding and 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 on Old Taylor Street (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 OLD TAYLOR STREET
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 Old Taylor Street 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 June 25, 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 Old Taylor Street 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 June 25, 2024.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on June 11, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20240530180535
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
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EXHIBIT 1
EXHIBIT “A”
LEGAL DESCRIPTION
THAT PORTION OF EASEMENT FOR PUBLIC RIGHT-OF-WAY PURPOSES RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 14, 1961 AS FILE/PAGE NO. 65293 OF OFFICIAL RECORD, SAID PORTION BEING A PORTION OF LOT 89 IN BLOCK 3 OF VISTA ACRES, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2187, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 15, 1930, LYING NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE MOST EASTERLY CORNER OF THAT PARCEL OF LAND CONVEYED BY L. CLAIRE HULBERT, EY UX, TO EMANUAL SAMUELSON, ET UX, BY DEED DATED APRIL 7, 1953 AND RECORDED MAY 7, 1953 IN BOOK 4848, PAGE 271 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, SAID CORNER BEING THE SOUTHWESTERLY CORNER OF SAID EASEMENT; THENCE
ALONG THE NORTHEASTERLY LINE OF SAID DEED AND THE SOUTHWESTERLY LINE OF SAID EASEMENT, NORTH 30°52’00” WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHEASTERLY LINE ALONG A LINE THAT IS DISTANCED 10.00 FEET AND
PARALLEL WITH THE NORTHWESTERLY LINE OF OLD TAYLOR STREET AS SHOWN ON SAID MAP NO. 2187, NORTH 59°08’00” EAST 169.44 FEET; THENCE LEAVING SAID PARALLEL LINE, NORTH 29°18’49” EAST 14.14 FEET± TO A POINT ON THE WESTERLY LINE OF EAST VISTA WAY, SAID WESTERLY LINE BEING THE EASTERLY LINE OF SAID EASEMENT.
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.
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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.
____________________________________
WILLIAM D. TUCK, PLS 9282 DATE
5/22/2024
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E
V
I
S
T
A
W
A
Y
OLD T
A
Y
L
O
R
S
T
±1 inch = 50 feet
1070
A.P.N. 171-231-13
A.P.N. 171-231-07
A.P.N. 171-231-08
A.P.N. 171-231-04
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: 05/22/2024
Data Source: City of Vista 2022 Ortho Imagery
FIRE STATION NO. 3
PROPOSED VACATION
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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 June 25, 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 1070 Old Taylor Street in Vista, California (APN 171-231-08-00). 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].
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EXHIBIT 3