ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: C9
Prepared by: Bill Tuck, Right-of-Way Agent Meeting Date: November 12, 2024 Approved by:
Greg Mayer, Engineering Director
John Conley, City Manager Agenda Location: Consent Calendar SUBJECT: SUMMARY VACATION OF A BUENA SANITATION DISTRICT EASEMENT FOR SEWER LINES AND APPURTENANCES LOCATED AT APN 183-131-24 & 25.
RECOMMENDATION: Adopt Buena Sanitation District Resolution No. 2024- , authorizing and approving the summary vacation of an easement for sewer lines and appurtenances located at APN 183-131-24 & 25.
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: A Buena Sanitation District (BSD) easement for sewer line and appurtenances was recorded in the Office of the County Recorder of San Diego County on January 23, 1978, as Doc. No. 78-028449 and delineated the location of an easement for sewer lines and appurtenances as described in Exhibit “A” and shown on Exhibit “B” of Exhibit 1.
The property owner at 1702 Watson Way has requested that BSD vacate the easement for sewer lines and appurtenances that crosses along the line common to Parcel 2 and Parcel 3 of Parcel Map 7019, in the County of San Diego. The owner is processing a subdivision map in the County of San Diego for an 18-unit development over Parcels 1-4 of Parcel Map 7019 and will be dedicating new easements on the Map to BSD for sewer lines and related appurtenances. The easement to be vacated has not been used, does not contain any public utilities, and is excess easement.
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Section 8333(c) authorizes the BSD to approve a summary vacation of a public service easement if “the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.”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, Mountain Vista Holdings, LLC, has paid the $4,205.33 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. 2024-13.
Vote: 4-0 (Melendez absent).
MEETING DATE: November 12, 2024 PAGE 2
SUBJECT: SUMMARY VACATION OF BUENA SANITATION DISTRICT EASEMENT FOR SEWER LINES AND APPURTENANCES LOCATED AT APN 183-131-24 & 25
EXHIBITS:
1.Buena Sanitation District Resolution No. 2024- , authorizing and approving the summary vacation of an easement for sewer lines and appurtenances located at APN 183-131-24 & 25
2.Vicinity Map
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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
AN EASEMENT FOR SEWER LINES AND APPURTENANCES LOCATED AT APN 183-131-24 & 25
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. The Buena Sanitation District sewer line and appurtenances easement located at 1702 Watson Way, in the County of San Diego, was recorded in the Office of the County Recorder of San Diego County on January 23, 1978, as Doc. No. 78-028449.
B. The easement for sewer lines and appurtenances 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 easement for sewer lines and appurtenances 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 easement for sewer lines and appurtenances 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 2
RESOLUTION NO. 2024-
BUENA SANITATION DISTRICT BOARD OF DIRECTORS
APN 183-131-24 & 25
00091267 3
3. Adoption. PASSED AND ADOPTED at a meeting of the Board of Directors of the Buena Sanitation District held on November 12, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, DISTRICT COUNSEL
By:
APPROVED
Walter C. Chung
20241030105251
JOHN B. FRANKLIN, CHAIRPERSON
ATTEST:
KATHY VALDEZ, CLERK OF THE BOARD
By:
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EXHIBIT“A”
LEGAL DESCRIPTION FOR EASEMENT VACATION
A STRIP OF LAND 10.00 FEET IN WIDTH LYING WITHIN A PORTION OF LOT 15 OF WOODLAND
ACRES, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2191, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, OCTOBER 29, 1930, THE SIDELINES OF SAID STRIP LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE MOST EASTERLY POINT OF THAT CERTAIN 3.43 ACRE PARCEL AS SHOWN ON RECORD OF SURVEY MAP NO. 1417 FILED IN SAID RECORDER’S OFFICE JANUARY 17, 1947, SAID POINT BEING THE SOUTHWESTERLY LINE OF WOODLAND DRIVE AS SHOWN ON SAID MAP NO. 1417, A RADIAL LINE TO SAID POINT BEARS NORTH 77°00’22” EAST (NORTH 77°03’03” EAST PER SAID MAP NO. 1417); THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE BEING ALSO THE ARC OF A 477.40 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (478.58 FOOT RADIUS CURVE PERSAID MAP NO. 1417), THROUGH A CENTRAL ANGLE OF 40°00’00”, A DISTANCE OF 333.29 FEET; THENCE RETRACING SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 4°00’00”, A DISTANCE OF 33.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE RADIAL TO SAID CURVE, SOUTH 41°00’22” WEST, 292.52 FEET TO THE POINT OF TERMINUS.
THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED AND/OR SHORTENED AT THE NORTHEASTERLY END SO AS TO TERMINATE IN THE AFOREDESCRIBED 477.40 FOOT RADIUS CURVE.
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
10/22/24
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10/22/24
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City of Vista, CA
October 22, 2024
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±1 inch = 400 feetPrint Date:0 260 520130
ft
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EXHIBIT 2