ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: PH3
Prepared by: Bill Tuck, Right-of-Way Agent Meeting Date: June 25, 2024 Approved by:
Greg Mayer, Director of Engineering
John Conley, City Manager Agenda Location: Public Hearing SUBJECT: PUBLIC HEARING FOR THE VACATION OF A PORTION OF OLD TAYLOR STREET RECOMMENDATION:
1. Open, conduct and close a public hearing and receive public testimony regarding the vacation of a portion of Old Taylor Street.
2. Adopt City Council Resolution No. 2024- , vacating a portion of Old Taylor Street.
PRIOR ACTION: On June 11, 2024, adopted City Council Resolution No. 2024-90, declaring its intent to initiate proceedings to vacate a portion of public street easement on Old Taylor Street (Vote: 5-0).
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 occupied by Fire Station No.3, identified by Assessor Parcel Number 171-231-08-00. A vicinity map is included as Exhibit 2.
The portion of public right-of-way to be vacated was dedicated as an easement per 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 utilities 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.
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.
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, adopted City Council Resolution No. 2024-126. Vote: 4-0 (Green absent)
MEETING DATE: JUNE 25, 2024 PAGE 2
SUBJECT: PUBLIC HEARING FOR THE VACATION OF A PORTION OF OLD TAYLOR STREET 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- , vacating a portion of Old Taylor Street (with Exhibits A-B).
2.Vicinity Map
3.Notice of Public Hearing
06/25/2024 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 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. On June 11, 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 Old Taylor Street 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 Old Taylor Street 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 Old Taylor Street 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 Old Taylor Street 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 Old Taylor Street, a public street, as described in said Exhibit “A”, subject to the following conditions:
06/25/2024 PH3 3 of 10
EXHIBIT 1
VACATION OF A PORTION OF OLD TAYLOR STREET
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. 06/25/2024 PH3 4 of 10
VACATION OF A PORTION OF OLD TAYLOR STREET
00091267 3
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on June 25, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20240611154155
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
06/25/2024 PH3 5 of 10
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.
06/25/2024 PH3 6 of 10
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
06/25/2024 PH3 7 of 10
06/25/2024 PH3 8 of 10
E
V
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S
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A
W
A
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OLD T
A
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L
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±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
06/25/2024 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 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].
Kathy Valdez, City Clerk
06/25/2024 PH3 10 of 10
EXHIBIT 3