ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: C6
Prepared by: Bill Tuck, Right-of-Way Agent Meeting Date: August 27, 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 ACCESS EASEMENT AT APN 183-122-73-00.
RECOMMENDATION: Adopt Buena Sanitation District Resolution No. 2024- , authorizing and approving the summary vacation of a portion of a public sewer access easement at APN 183-122-73-00.
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 2008, Parcel Map 20494 in the County of San Diego was recorded in the Office of the County Recorder that delineated the location of a proposed sewer access easement to be granted to the Buena Sanitation District (BSD) by separate document. The easement shown on Parcel Map 20494 was recorded in the Office of the County Recorder of San Diego County on April 2, 2008, as Document No. 2008-0173429 as shown on Exhibit “B” of Exhibit 1.
The property owner at 1686 Gecko Road has requested that BSD vacate the portion of sewer access easement that crosses from north to south along their westerly property line to allow for the development of an accessory dwelling unit (ADU). The portion of sewer access easement to be vacated is described in Exhibit “A” and shown on Exhibit “B” of Exhibit 1.
California Streets and Highways Code Section 8333(c) authorizes the BSD to approve a summary vacation of a public service easement if “the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.”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: The applicant, John and Lori Ivicevic, paid the $3,832.42 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.
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
Approved above recommendation, adopted Buena Sanitation District Resolution No. 2024-11.
Vote: 5-0.
MEETING DATE: AUGUST 27, 2024 PAGE 2
SUBJECT: SUMMARY VACATION OF A PORTION OF A PUBLIC SEWER ACCESS EASEMENT AT APN 183-122-73-00
EXHIBITS:
1.Buena Sanitation District Resolution No. 2024- , authorizing and approving the summary vacation of a portion of a public sewer access easement at APN 183-122-73-00
2.Vicinity Map
08/27/2024 C6 2 of 7
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 BOARD OF DIRECTORS OF THE BUENA SANITATION
DISTRICT, AUTHORIZING AND APPROVING THE SUMMARY VACATION OF A
PORTION OF A PUBLIC SEWER ACCESS EASEMENT AT
APN 183-122-73-00
The Board of Directors of the Buena Sanitation District does resolve as follows:
1. Findings. The Board of Directors hereby finds and declares the following:
A. In 2008, the Buena Sanitation District obtained a Sewer Access Easement from the owners of 1686 Gecko Road (recorded as Document Number 2008-0173429 on April 2, 2008, in the County of San Diego).
B. A portion of the Sewer Access Easement has not been utilized, does not contain any public facilities, is determined to be excess and therefore should be vacated.
C. California Streets and Highways Code Section 8333(c) authorizes the Buena Sanitation District 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 Board of Directors finds and determines that there is no present or prospective need for the portion of public Sewer Access 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 Access 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 of the Board, or her agent, is hereby authorized to record said Resolution in the Office of the San Diego County Recorder. [Continued on page 2.]
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EXHIBIT 1
RESOLUTION NO. 2024-
BUENA SANITATION DISTRICT BOARD OF DIRECTORS
APN 183-122-73-00
00091267 3
3. Adoption. PASSED AND ADOPTED at a meeting of the Board of Directors of the Buena Sanitation District held on August 27, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20240814150541
JOHN B. FRANKLIN, CHAIRPERSON
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
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EXHIBIT “A”
LEGAL DESCRIPTION FOR EASEMENT VACATION
PORTION OF BUENA SANITATION DISTRICT SEWER ACCESS EASEMENT RECORDED APRIL 2, 2008, AS INST. No. 2008-0173429, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, LYING SOUTH OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE WESTERLY TERMINUS OF THAT CERTAIN COURSE LISTED AS S 89°05’14” E
93.19 FEET ON SAID BUENA SANITATION DISTRICT ACCESS EASEMENT; THENCE N 89°27’38” W
15.00 FEET TO THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE LISTED AS S 00°06’29” W
93.45 FEET ON SAID BUENA SANITATION DISTRICT ACCESS EASEMENT.
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
08/07/2024
08/27/2024 C6 5 of 7
HANNALEI DRIVE
A.P.N.
183-122-70
A.P.N.
183-122-72
A.P.N.
183-122-73
A.P.N.
183-122-59
A.P.N.
183-122-06
1 inch = 40 feet
S89°05'14"E 93.19'
N89°27'38"W 15.00'
±
P.O.B.
EXISTING SEWER EASEMENT TO
THE BUENA SANITATION DISTRICT
PER INST. No. 2008-0173429, REC.
04/02/2008 OF O.R.
PORTION TO BE
VACATED
EXHIBIT "B"
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: 08/07/2024
Data Source: Inst. No. 2008-0173429
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0 °
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2 9
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W
9 3
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'
08/07/224
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1686 GECKO RD
VICINITY MAP
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08/27/2024 C6 7 of 7EXHIBIT 2