ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: C10
Prepared by: Bill Tuck, Right-of-Way Agent Meeting Date: August 13, 2024 Approved by:
Greg Mayer, Engineering Director
John Conley, City Manager Agenda Location: Consent Calendar SUBJECT: SUMMARY VACATION OF A PORTION OF A PUBLIC SEWER EASEMENT AT APN 177-052-70-00
RECOMMENDATION: Adopt City Council Resolution No. 2024- , authorizing and approving the summary vacation of a portion of a public sewer easement at APN 177-052-70-00.
CORRELATION TO CITY COUNCIL GOALS: Routine operational item not directly corresponding to a specific City Council goal.
PRIOR CITY COUNCIL ACTION: None.
STATEMENT ON THE SUBJECT: In 2018, building permit B18-1301 was issued for the remodel of an existing single-family home located at 1268 Alta Vista Drive. During construction, it was found that an existing public sewer line on the property was located outside of the existing public sewer easement that was recorded in the Office of the County Recorder on July 2, 1963, as Doc. No. 112372.
On August 22, 2023, the property owner granted a new sewer easement to the City of Vista per Doc. No. 2023-0300379, recorded in the Office of the County Recorder October 31, 2023. The new sewer easement was accepted by the City of Vista and thereby supersedes the portion of public sewer easement to be vacated as described in the attached Exhibit “A” and shown on the attached plat labeled Exhibit “B”.
California Streets and Highways Code Section 8333(c) authorizes the City Council to approve a summary vacation of a public service easement if “the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.” The proposed public sewer easement vacation meets these criteria in that the easement is determined to be excess by the easement holder and there are no other collocated public facilities; therefore, staff recommends approval of the summary vacation.
FISCAL IMPACT: None.
EXHIBITS:
1.City Council Resolution No. 2024- , authorizing and approving the summary vacation of a portion of a public sewer easement at APN 177-052-70-00 (with Exhibits A-B).
2.Vicinity map
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
Approved above recommendation, adopted City Council Resolution No. 2024-138. Vote: 5-0
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, AUTHORIZING AND APPROVING THE SUMMARY VACATION OF A PORTION OF A PUBLIC SEWER EASEMENT AT APN 177-052-70-00 The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. A public Sewer Easement was recorded in the Office of the County Recorder July 2, 1962, as Document No. 112372.
B. A new public Sewer Easement was granted to and accepted by the City of Vista, recorded in the Office of the County Recorder October 31, 2023, as Document No. 2023- 0300379, thereby superseding easement Document No. 112372.
C. The City finds that the portion of public Sewer Easement has no public benefit and is therefore determined to be excess.
D. There are no public utilities located within the portion of public Sewer Easement to be vacated.
E. California Streets and Highways Code Section 8333(c) authorizes the City of Vista to approve the summary vacation of a public service easement if the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.
2. Action.
A. The City Council finds and determines that there is no present or prospective need for the portion of public Sewer Easement described in Exhibit “A” and shown in Exhibit “B”.
B. From and after the date this Resolution is recorded in the Office of the San Diego County Recorder, the portion of public Sewer Easement described in Exhibit “A” and shown in Exhibit “B” is hereby vacated and no longer constitutes a public Sewer Easement.
C. The City Clerk, or her agent, is hereby authorized to record said Resolution in the Office of the San Diego County Recorder.
08/13/2024 C10 2 of 6
EXHIBIT 1
SUMMARY VACATION OF A PORTION OF A PUBLIC SEWER EASEMENT AT APN 177-052-70-00.
00091267 3
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on August 13, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20240729160157
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
08/13/2024 C10 3 of 6
EXHIBIT “A”
LEGAL DESCRIPTION FOR EASEMENT VACATION
PORTION OF A 10 FOOT WIDE EASEMENT FOR SEWER LINES AND APPURTENANCES RECORDED JULY 2, 1962, AS FILE/PAGE NO. 112371 AND AS FILE/PAGE NO. 112372, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, LYING WITHIN PARCEL “A” OF GRANT DEED TO JOSE M. FRAGOZO AND GRACIELA FRAGOZO RECORDED DECEMBER 31, 2020 AS DOCUMENT NO. 2020-0851181, OF OFFICIAL RECORDS, LYING NORTHEASTERLY AND NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE WEST END OF THE NORTH LINE, BEARING NORTH 89°28’31” WEST, OF SAID PARCEL “A”; THENCE SOUTH 32°59’43” EAST 100.00’ TO THE SOUTHERLY LINE OF SAID PARCEL “A”; THENCE NORTH 63°09’06” EAST ALONG THE SOUTHERLY LINE OF SAID PARCEL “A” TO THE SOUTHEAST CORNER OF SAID PARCEL “A”.
ALL AS SHOWN ON EXHIBIT “B”, ATTACHED HEREWITH AND MADE PART HEREOF.
THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE LAND SURVEYOR’S ACT.
__________________________________________
WILLIAM D. TUCK, PLS 9282
4/11/2024
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PUBLIC SEWER EASEMENT
DOC. NO. 112371
TO BE VACATED
EXHIBIT "C"
08/13/2024 C10 6 of 6EXHIBIT 2