ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: C14
Prepared by: Bill Tuck, Right-of-Way Agent Meeting Date: December 10, 2024 Approved by:
Greg Mayer, Engineering Director
John Conley, City Manager Agenda Location: Consent Calendar SUBJECT: SUMMARY VACATION OF A HIGHWAY SLOPE EASEMENT AT APN 166-053-21 & 24 RECOMMENDATION: Adopt City Council Resolution No. 2024- , authorizing and approving the summary vacation of a highway slope easement at APN 166-053-21 & 24.
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: On July 14, 1971, grant deed Document No. 151709 was recorded in the Office of the County Recorder of San Diego County that granted additional right of way and an easement for highway slope purposes to the State of California for the widening of Highway 78. Upon completion of the widening project, the State of California relinquished portions of the right of way used for frontage roads along with various easements, including the above-mentioned easement for highway slope purposes, to the City of Vista per Document No. 71477, recorded in the office of the County Recorder of San Diego County on March 27, 1972.
The property owner at 1820 Hacienda Drive has agreed to dedicate additional public right of way to the City of Vista in exchange for vacating the highway slope easement along their property frontage. The portion of public right of way to be dedicated currently has City improvements, including a pedestrian sidewalk, that are not located within the existing public right of way and this right of way dedication is needed to ensure that the sidewalk is within the public right of way. The highway slope easement is excess easement, is not needed for any current or future projects, and the slope area within the slope easement is maintained by the property owner. The highway slope 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authorizes the City Council to approve a summary vacation of a public service easement if “the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.”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 highway slope 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.
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
Approved above recommendation, adopted City Council Resolution No. 2024-199. Vote: 5-0
MEETING DATE: DECEMBER, 10, 2024 PAGE 2
SUBJECT: SUMMARY VACATION OF A SLOPE EASEMENT AT APN 166-053-21 & 24.
FISCAL IMPACT: The vacation of the highway slope easement is in exchange for additional right of way to be dedicated to the City, thus there is no direct fiscal impact associated with the staff recommendation.
EXHIBITS:
1.City Council Resolution No. 2024- , authorizing and approving the summary vacation of a highway slope easement at APN 1166-053-24 & 24.
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 CITY COUNCIL OF THE CHARTERED CITY OF VISTA,
AUTHORIZING AND APPROVING THE SUMMARY VACATION OF A HIGHWAY SLOPE EASEMENT AT APN 166-053-21 & 24
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 City of Vista received an easement for highway slope purpose from the State of California that was included in a freeway agreement dated January 10, 1968, between the City of Vista and the State of California, in which the City of Vista agreed to accept title to frontage roads, reconstructed city streets, cul-de-sacs and slope and drainage easements upon relinquishment thereof to the City of Vista by the State of California (recorded as Document Number 71477 on March 27, 1972, in the County of San Diego).
B. The Highway Slope Easement is maintained by the property owner, 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 City Council of 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 Highway Slope 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 Highway Slope Easement described in Exhibit “A” and shown in Exhibit “B” is hereby vacated and no longer constitutes a Highway Slope Easement.
C. The City Clerk, 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-
SUMMARY VACATION OF A HIGHWAY SLOPE EASEMENT AT APN 166-053-21 & 24.
00091267 3
3. Adoption. PASSED AND ADOPTED at a meeting of the Board of Directors of the Buena Sanitation District held on December 10, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20241203083837
JOHN B. FRANKLIN, CHAIRPERSON
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
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EXHIBIT “A”
SLOPE EASEMENT VACATION DESCRIPTION
APN 166-053-21 & 24
PAGE 1 OF 2
THAT PORTION PARCELS “A” AND "D" OF PARCEL MAP NO. 10734, IN THE CITY
OF VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, NOVEMBER 25, 1980 AS FILE NO. 80-398792 OF OFFICIAL RECORDS AND DESCRIBED AS A SLOPE EASEMENT FOR PUBLIC HIGHWAY, BEING PARCEL 2 IN GRANT DEED TO THE STATE OF CALIFORNIA, RECORDED JULY 14, 1971 AS FILE/PAGE NO. 151709 IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WESTERLY AND SOUTHWESTERLY THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF PARCEL “A” OF SAID PARCEL MAP NO. 10734 AND THE WESTERLY RIGHT OF WAY LINE
OF EMERALD DRIVE AS DESCRIBED IN EASEMENT FOR CITY STREET, RECORDED NOVEMBER 19, 1980 AS FILE/PAGE NO. 80-390083 IN THE OFFICE
OF THE COUNTY RECORDED OF SAID COUNTY AND SHOWN ON PARCEL MAP NO. 10734; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE, NORTH 00° 08' 00" EAST, 115.26 FEET TO THE SOUTHERLY LINE PARCEL “D” OF SAID PARCEL MAP NO. 10734; THENCE CONTINUING ALONG SAID WESTERLY RIGHT OF WAY LINE, NORTH 00° 08' 00" EAST, 13.33 FEET; THENCE LEAVING SAID WESTERLY RIGHT OF WAY LINE, NORTH 02° 24' 42" WEST, 70.89 FEET TO THE BEGINNING OF A TANGENT CURVE, HAVING A RADIUS OF 42.00 FEET, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 76° 49' 11", AN ARC DISTANCE OF 56.31 FEET
TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF HACIENDA DRIVE AS DESCRIBED IN EASEMENT FOR CITY STREET, RECORDED NOVEMBER 19, 1980 AS FILE/PAGE NO. 80-390083 IN THE OFFICE OF THE COUNTY RECORDED OF SAID COUNTY AND AS SHOWN PARCEL MAP NO. 10734, BEING A POINT OF REVERS CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 436.00 FEET; A RADIAL LINE TO SAID POINT BEARS SOUTH 10° 46' 07" WEST; THENCE 12/10/2024 C14 5 of 9
EXHIBIT “A”
SLOPE EASEMENT VACATION DESCRIPTION
APN 166-053-21 & 24
PAGE 2 OF 2
CONTINUING ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE,
NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 14° 36' 19", AN ARC DISTANCE OF 111.14 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 322.22 FEET;
THENCE CONTINUING ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE, NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 12° 17' 27", AN ARC DISTANCE OF 69.12 FEET TO WESTERLY LINE OF PARCEL “D” OF SAID PARCEL MAP NO. 10734, BEING THE POINT OF TERMINUS.
ALL AS SHOWN ON THE ATTACHED PLAT, MARKED EXHIBIT “B”, WHICH BY THIS REFERENCE HERETO IS INCORPORATED HEREIN AND MADE A PART HEREOF.
GOLD COAST SURVEYING, INC.
____________________________09/22/2024____
BRUCE C. BONDE, PLS 6144 DATE
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SITE
EXHIBIT "B"
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EXHIBIT "B"
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VICINITY MAP
SLOPE EASEMENT
TO BE VACATED
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EXHIBIT 2