ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: C5
Prepared by: Erin Adams, Admin Programs Manager Meeting Date: May 13, 2025 Approved by:
Greg Mayer, Department Director
John Conley, City Manager Agenda Location: Consent Calendar S
UBJECT: APPROVAL OF A REIMBURSEMENT AGREEMENT WITH SHEA HOMES LIMITED
PARTNERSHIP FOR ACQUISITION OF PROPERTY IN CONNECTION WITH OFF-SITE
IMPROVEMENTS
RE
COMMENDATION: Adopt City Council Resolution No. 2025- , approving a reimbursement agreement with Shea Homes Limited Partnership for acquisition of an easement in connection with off- site improvements.
CO
RRELATION TO CITY COUNCIL GOALS: Routine operational item not directly corresponding to a specific City Council goal.
P
RIOR ACTION: On February 22, 2022, adopted City Council Resolution No. 2022- 23, approving a General Plan Amendment and Tentative Subdivision Map for a 25-lot single-family residential subdivision located at 2277 Vista Grande Drive (APNs 171- 100-05 and 171-100-28) (Vote: 3-2, Contreras and Melendez opposed).
S
TATEMENT ON THE SUBJECT: The City Council approved a General Plan Amendment and Tentative Subdivision Map for a 25-lot single-family residential subdivision located at 2277 Vista Grande Drive (“Project”). As part of the Project, the Developer (Shea Homes) intends to develop 25 residential lots, private streets, and associated public and private improvements on approximately 17 acres. The Project includes conditions of approval requiring the Developer to construct several public improvements, including the construction of a minimum 50-foot-wide right-of-way (ROW) along Vista Grande Drive (Condition of Approval No. 3(d) of Section F (Engineering Information and Conditions)). Satisfaction of that condition requires the acquisition of additional easement area along Vista Grande Drive.
The D
eveloper has made a good faith effort to acquire the property interest along Vista Grande Drive but has been unable to do so by negotiated purchase. Pursuant to Government Code Section 66462.5, the Developer has triggered the City’s obligation to assist in the property interest acquisition. The first step of that process is approval of the subject agreement with Shea Homes that will provide reimbursement to the City for its acquisition costs in acquiring the necessary property interest on behalf of Shea Homes.
Following approval of the agreement, the City’s acquisition of the property interest will commence through discussions with the property owner for a negotiated purchase under City Council Policy 600-10, Procedures for establishing just compensation for the purchase by negotiation of real property.
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
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MEETING DATE: May 13, 2025 PAGE 2
SUBJECT: APPROVAL OF A REIMBURSEMENT AGREEMENT WITH SHEA HOMES LIMITED
PARTNERSHIP FOR ACQUISITION OF PROPERTY IN CONNECTION WITH OFF-SITE
IMPROVEMENTS
4907-8184-2231, v. 1
F
ISCAL IMPACT: There is no direct fiscal impact with this staff recommendation. Shea Homes is responsible for all costs associated with the easement acquisition. Shea has provided a surety bond as well as deposited $50,000 to cover any City costs associated with this agreement.
E
XHIBITS:
1. City Council Resolution 2025- , approving a reimbursement agreement with Shea Homes Limited P
artnership for acquisition of an easement in connection with off-site improvements
2. Reimbursement Agreement with Shea Homes Limited Partnership
3. City Council Policy 600-10
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00029213 7
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT WITH
SHEA HOMES LIMITED PARTNERSHIP FOR ACQUISITION OF AN
EASEMENT IN CONNECTION WITH OFF-SITE IMPROVEMENTS
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 February 22, 2022, City Council approved a General Plan Amendment and Tentative Subdivision Map for a 25-lot single-family residential subdivision located at 2277 Vista Grande Drive (APNs 171-100-05 and 171-100-28).
B. The developer, Shea Homes Limited Partnership, has made a good faith effort to acquire a required additional easement in order to comply with the City’s Conditions of Approval for the project but has been unable to do so by negotiated purchase.
C. Pursuant to Government Code Section 66462.5 the developer has triggered the City’s legal obligation to assist in acquiring the required property interest.
D Following approval of the agreement, the City’s acquisition of the property interest will commence through discussions with the property owner for a negotiated purchase under City Council Policy 600-10.
2. Action.
A. The reimbursement agreement with Shea Homes Limited Partnership for acquisition of property in connection with off-site improvements is approved and the Mayor is authorized to execute the agreement.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on May 13, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20250506140158
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
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EXHIBIT 1
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AGREEMENT PURSUANT TO GOVERNMENT CODE SECTION 66462.5
BETWEEN SHEA HOMES LIMITED PARTNERSHIP AND CITY OF VISTA
FOR ACQUISITION OF CERTAIN REAL PROPERTY INTERESTS IN
CONNECTION WITH OFF-SITE IMPROVEMENTS
This AGREEMENT PURSUANT TO GOVERNMENT CODE SECTION 66462.5
BETWEEN SHEA HOMES LIMITED PARTNERSHIP AND CITY OF VISTA FOR
ACQUISITION OF CERTAIN REAL PROPERTY INTERESTS IN CONNECTION WITH OFF-SITE IMPROVEMENTS (“Agreement”) is entered into between SHEA HOMES LIMITED PARTNERSHIP (“Developer”) and the CITY OF VISTA, a chartered municipal corporation (“City”). Developer and City are referred to jointly below as “Parties.” The Agreement is effective on the date it is fully executed by the Parties (“Effective Date ”). In consideration of the Recitals below, the mutual covenants set forth in this Agreement, and the further consideration described in this Agreement, the Parties agree as follows:
1. Recitals. The Parties hereto acknowledge and agree that this Agreement is made with respect to the following facts and purposes that each agrees to be true and correct.
A. On February 22 , 2022, the City Counci l of the City of Vista adopted Resolution No. 2022-23 approving a General Plan Amendment and Tentative Subdivision Map for a 25 -lot single -family residential subdivision located at 2277 Vista Grande Drive (“Project”), adopting conditions of approval, and making findings in support. As part of the Project, Developer intends develop 25 residential lots, private streets, and associated improvements on that certain real property owned by Developer consisting of approximately 17 acres located at the street address 2277 Vista Grande Drive, which is located on the north side of Vista Grande Drive, northwest of Vista Grande Terrace (APNs 171-100-05 and 171-100-28) (“Subject Property”). The Project was approved for a General Plan Amendment, Zone Change, and Tentative Subdivision Map for a 25- lot single-family residential subdivision.
B. To facilitate orderly development of the Project on the Subject Property, Resolution No. 2022-23 contained specific conditions of approval requiring Developer to construct several public improvements, including the construction of a minimum 50-foot-wide right-of-way (ROW) along Vista Grande Drive with asphalt pavement, street lights, curb, and gutter. Condition of Approval No. 3(d) of Section F (Engineering Information and Conditions) requires the following public improvements:
(i) Vista Grande Drive – Public Portion:
a) A minimum 50-foot-wide right-of-way (ROW)
improved with a minimum 28-foot-wide curb-to-curb
pavement section centered within the ROW.
b) Improvements shall include, streetlights as shown on the Preliminary Grading Plan, 6-inch concrete curb
and gutter on the South Edge of the roadway with an
asphalt pavement section on the North side of the
roadway matching the edge of the existing pavement.
A minimum pavement section of 4 inches AC over 8
inches class 2 base with a TI of 6.5 is required.
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EXHIBIT 2
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C. Condition of Approval No. 3(d) of Section F (Engineering Information and Conditions), which seeks to facilitate the orderly development of the circulation system for the Project on the Subject Property, requires Developer to acquire, design, and construct the off -site portion of the public segment of Vista Grande Drive (“Off-site Street Improvements”). City and Developer acknowledge that a portion of the property needed to complete the right -of-way improvements along the public portion of Vista Grande Drive is on private property and not owned or controlled by Developer.
D. Satisfaction of the Off-site Street Improvements requires the acquisition of real property for public streets and all uses necessary or convenient thereto, that is neither owned by Developer or City (referred to below as “Off -site Street Property”). The Off - site Street Property, which is required to satisfy Condition of Approval No. 3(d) is more particularly described on Exhibit “A” and depicted on Exhibit “B”, which are attached hereto and incorporated herein by this reference.
E. Pursuant to California Government Code Section 66462.5, when a condition of a subdivision map approval or a development agreement requires the installation or construction of off-site improvements, such as the Off-site Street Property, not owned or controlled by a developer, and title cannot be obtained by negotiated purchase, a city is required to commence proceedings to acquire Off-site Street Property through negotiations or by eminent domain or such off-site improvement conditions will be waived. Pursuant to said Section 66462.5, a city and a developer may enter into an agreement to allocate the costs and responsibilities for acquisition of such Off -site Street Property. This Agreement sets forth the obligations for the costs and responsibilities of the Parties in connection with the acquisition of the Off-site Street Property.
F. Developer has requested that City acquire the Off -site Street Property pursuant to Government Code Section 66462.5.
G. Developer has provided credible evidence that Developer has made a good faith effort to acquire the Off -site Street Property but has been unable to do so by negotiated purchase.
H. City is authorized to negotiate the purchase of real property pursuant to City Council Policy No. 600-10 and to acquire property by eminent domain for public use, namely for street purposes and all uses necessary or convenient thereto, pursuant to Section 19 of Article 1 of the California Constitution, Government Code Sections 37350, 37350.5, 37351, 37353, and 40404, Code of Civil Procedure Section 1230.010 et seq., and other provisions of law.
I. City must comply with the Relocation Assistance Act, Government Code Sections 7260 et seq ., as applicable, and the Eminent Domain Law (Code of Civil Procedure Section 1230.010 et seq.), and their implementing regulations, in acquiring property for public improvements (“Public Land Acquisition Statutes”).
J. To facilitate satisfaction of the subject condition of approval, City and Developer now mutually desire to enter into this Agreement under Government Code Section 66462.5 concerning acquisition of the Off -site Street Property and to allocate responsibility between the respective Parties.
K. This Agreement is made in furtherance of the authority granted under Government Code Section 66462.5. The Parties recognize that City cannot exercise its power of 05/13/2025
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eminent domain until the City has satisfied all legally required preconditions under the Public Land Acquisition Statutes, including the adoption of a Resolution of Necessity by the City Council in accordance with applicable law. This Agreement is neither a commitment nor an announcement of an intent by City to acquire any or all of the Off-site Street Property described in this Agreement.
In the event the City Council, in its sole discretion, adopts a Resolution of Necessity after the required public hearing authorizing the acquis ition of the Off -site Street Property by eminent domain, and elects to commence eminent domain proceedings for said property interests, then City will cause the eminent domain proceeding for the acquisition of the Off -site Street Property to be filed and expeditiously processed to completion by and through the use of City’s power of eminent domain.
2. City Acquisition of Off-site Street Property.
A. Subject to the terms of this Agreement, Developer agrees that City will exercise control of the acquisition of the Off -site Street Property and, if necessary, any eminent domain proceedings filed to acquire the Off -site Street Property, including but not limited to, selection of consultants and experts, and regarding any decisions and actions relating to the litigation and settlement. Notwithstanding the foregoing, City shall keep Developer informed of the acquisition process and any eminent domain proceedings and provide Developer the opportunity to review and comment in advance on such process and p roceedings for a period of not less than five (5) business days. City shall make every effort to address Developer’s comments, subject to the procurement procedures in Vista Municipal Code Chapter 3.08. Nothing herein, however, will preclude the City from taking action on any such acquisitions and proceedings provided that Developer has been given at least five (5) business days to review and comment on such process and proceedings.
B. Subject to Developer’s timely and continuous performance of all elements of this Agreement, City will proceed with the following steps in connection with the proposed acquisition of the Off-site Street Property:
1. Pursuant to City Council Policy 600-10 and Eminent Domain Law, City will, in good faith, negotiate with the current owner(s) of the Off-site Street Property to attempt to acquire the Off -site Street Property by negotiated agreement without the necessity of eminent domain proceedings.
2. If such negotiations prove unsuccessful, City Staff will schedule a hearing for the City Council to consider the adoption of resolutions of necessity for the acquisition of the Off-site Street Property in accordance with all applicable laws. The City Attorney’s Office will file condemnation proceedings for the purpose of acquiring the Off-site Street Property by eminent domain if (1) the City Council, in its sole and exclusive discretion, determines that the City has complied with the Public Land Acquisition Statutes; (2) the City Council considers all of the facts and evidence presented at any hearing scheduled for the consideration of the adoption of a resolutions of necessity; (3) the City Council, in its sole and exclusive discretion, makes the findings necessary for adoption of any respective resolutions o f necessity under the Emine nt Domain Law; and (4) the City Council, in its sole and exclusive discretion, determines to adopt any respective resolutions of necessity by the required votes.
3. If the City Council adopts any resolutions of necessity for the Off - site Street Property, the City Attorney’s office will file, on behalf of the City, any eminent domain proceedings promptly following the adoption of such resolutions of necessity and will diligently prosecute any such proceedings.
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C. City and Developer will cooperate with each other in connection with the acquisition process and keep each other fully advised of the progress of the acquisition of the Off- site Street Property.
D. Developer agrees that the City Attorney’s Office and any experts or consultants retained on behalf of the City in connection with any such eminent domain proceedings do not represent Developer in any capacity and further that Developer is not a third -party beneficiary.
E. The Parties further agree that this Agreement can be terminated by the City if the court determines in any condemnation proceeding that the City does not have the right to take the Off-site Street Property by eminent domain in accordance with the Eminent Domain Law, or if the City determines, in its sole and exclusive discretion, not to adopt a resolution of necessity.
3. Developer Responsible for All Costs of Acquisition . Developer is solely responsible for all Off -site Street Property acquisition costs, whether by negotiated purchase or Eminent Domain Law, which include, but are not limited to, the costs of title reports and/or litigation guarantees, appraisal costs, litigation expenses, costs for experts and consultants, court costs, attorneys’ fees, deposits necessary to take immediate possession of Off-site Street Property, deposits reflecting settlement of any suit(s) filed by the City pursuant to a stipulation for entry of judgment and final order of condemnation or settlement agreement, compensation required by a jury verdict as to the value of said Off-site Street Property, just compensation for the Off-site Street Property (including payments for land and improvements on the land), severance damages, fixtures and equipment payments, payments for loss of business goodwill, relocation benefits, precondemnation damages, relocation expenses, abandonment costs or damages, Off -site Street Property owners’ statutory costs and litigation expenses authorized by the Eminent Domain Law, Public Land Acquisition Statutes, and any and all fees, costs and expenses arising from or related to any of the foregoing items, actions, and proceedings (“Acquisition Costs”).
4. Limitations on City’s Ability to Acquire Off-site Street Property; Time Waiver. The Parties hereto recognize that if the City Council, in its discretion, adopts any resolutions of necessity and authorizes the filing of any eminent domain proceedings for the acquisition of the Off-site Street Property by eminent domain, the City may no t be able to obtain title to the Off- site Street Property within the time set forth in Government Code section 66462.5 and in recognition of this potential circumstance the Parties hereby waive the time requirements for action by the City set forth in Government Code Section 66462.5.
5. Deposit of Costs. Concurrently with the execution of this Agreement by City, Developer will deliver to City the sum of $50,000 (Fifty Thousand Dollars). City agrees to deposit said sum in a separate City account (“Separate Fund”) and to use the principal sum, and any interest earned thereon, in furtherance of satisfying the costs specified in this Agreement.
A. City will, on no less than a monthly basis, or as often as City deems necessary, provide Developer with an accounting of disbursements from the Separate Fund established pursuant to Section 5, above, along with invoices and/or other information reasonably requested by Developer regarding the work to be done. In the event disbursements reduce the balance of the fund to $25,000 (Twenty- Five Thousand Dollars) or less, Developer will deliver to City such additional monies as are necessary to maintain the balance in the separate fund at $50,000 within five (5) business days following a written request for said monies by City.
B. In addition to its deposits to the Separate Fund, Developer agrees to deliver to City, promptly upon demand by City, the entire amount City determines is required for the 05/13/2025
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acquisition of the real property interests by negotiated purchase (including escrow -related costs) or by the Eminent Domain Law for deposit by the City with the State Condemnation Fund under Code of Civil Procedure Section 1255.010, et seq. if City and Developer agree that City should seek prejudgment possession of the Off-site Street Property (“Deposit Amount”). If during the course of any eminent domain proceeding(s), the City’s expert valuation witness or the court determines that the fair market value of the Off -site Street Property is higher than the Deposit Amount, Developer will deliver this additional amount to City upon five (5) business days written notice by City or as ordered by any court of competent jurisdiction. City will promptly deposit this additional amount with the State Condemnation Fund or as ordered by the court.
C. Concurrently with this Agreement, Developer will deposit with City security in an amount equal to $75,000 (Seventy Five Thousand Dollars) from which City may draw if Developer fails to maintain the Separate Fund balance referenced in Section 5 or fails to provide the monies required by Section 5.B. for the Acquisition Costs relating to the Off-site Street Property within five (5) business days after written notice from City . The security shall be issued by a bonding company licensed to issue bonds in the State of California and having a Best rating of AAA or better. Notwithstanding the foregoing, in lieu of a surety bond, Developer may provide a deposit by cash or check, or letter of credit from one or more responsible financial institu tions regulated by federal or state government and pledging that the funds are available and guaranteed for payment on demand by the City. With this security, the form of which shall be subject to City Attorney’s prior approval, the Developer assures faithful performance of its obligations under this Agreement.
D. When any eminent domain proceeding(s) that was/were commenced pursuant to this Agreement is concluded, City will remit to Developer the balance of the Separate Fund within sixty (60) days after full payment of just compensation, costs and all applicable litigation expenses have been made in connection with the acquisition of said Off -site Street Property. In addition, City will take steps to expeditiously withdraw any funds remaining on deposit with the State Condemnation Fund if any such eminent domain proceeding is dismissed or abandoned.
6. Developer Acquisition of Property . If Developer should independently acquire all or any portion of the Off -site Street Property by negotiated purchase after an eminent domain proceeding is filed by the City, Developer will immediately notify City of the acquisition. In such case, City will move to abandon all or any unnecessary part of the eminent domain proceeding relating to any portion of the Off-site Street Property acquired by Developer by negotiation when title to said property is vested in either Developer or City. If a complete or partial abandonment is filed, Developer will bear any and all costs, expenses, and/or damages related to said abandonment, including, but not limited to, any condemnee’s recoverable costs and/or recoverable attorneys’ fees pursuant to Code of Civil Procedure Section 1268.610, et seq.
7. Miscellaneous.
A. Notices. All notices and demands will be given in writing by certified or registered mail, postage prepaid, and return receipt requested, or by overnight carrier. Notices will be considered given upon the earlier of (a) two business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (b) one business day following deposit with an overnight carrier service. The Parties will address such notices as provided below or as may be amended by written notice:
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City: CITY OF VISTA
200 Civic Center Drive
Vista, CA 92084
Attention: City Manager
Developer: SHEA HOMES LIMITED PARTNERSHIP
9990 Mesa Rim Road, Suite 200
San Diego, CA 92121
Attention: Community Development
B. Further Cooperation. Each party to this Agreement agrees to cooperate by performing any further acts and by executing and delivering any and all additional monies, items, or documents which may be reasonably necessary to carry out the terms and provisions of this Agreement, and each party to this Agreement agrees that it will not act in any manner whatsoever which would hinder, impede, interfere or prohibit or make more onerous or difficult the performance of the other party hereto under this Agreement.
C. Amendments. Any amendments to this Agreement will be effective only by a writing executed by the Parties to this Agreement.
D. Governing Law. This Agreement is deemed to have been prepared by each of the Parties hereto, and any uncertainty or ambiguity herein will not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, will be interpreted according to the applicable rules of interpretation of contracts under the laws of the State of California, and not the substantive law of another state or the United States or federal common law. This Agreement will be deemed to have been executed and delivered within the State of California, and the rights and obligations of the Parties will be governed by, and construed and enforced in accordance with, the laws of the State of California.
E. Entire Agreement. This Agreement contains the entire agreement between the City and Developer regarding the subject matter of this Agreement.
F. Successors and Assigns. This Agreement will be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties hereto.
G. Counterparts, Facsimile and Electronic Signatures. This Agreement may be executed in whole or in counterparts, which together will constitute the entire Agreement.
Facsimile or electronic signatures/counterparts to this Agreement will be effective as if the original signed counterpart were delivered.
H. Legal Representation. Each of the Parties acknowledge that in connection with the negotiation and execution of this Agreement, they have each been represented by independent counsel of their own choosing and the Parties executed this Agreement after review by such independent counsel, or, if they were not so represented, said non -representation is and was the voluntary, intelligent and informed decision and election of any of the Parties not so represented. The Parties further acknowledge that, prior to executing this Agreement, each of the Parties has had an adequate opportunity to conduct an independent investigation of all the facts and circumstances with respect to the matters that are the subject of said Agreement.
I. Attorneys’ Fees. If either of the Parties hereto incurs attorneys’ fees in order 05/13/2025
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to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration or settlement will be entitled to recover reasonable attorneys’ fees from the other party.
J. Severability. If any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be invalid.
K. No Agency or Joint Venture. The terms and provisions of this Agreement will not cause the Parties hereto or any of each Parties’ agents, consultants, contractors or other providers of professional services to be construed in any manner whatsoever as partners, joint venturers or agents of each other in the performance of their respective duties and obligations under this Agreement, or subject either party to this Agreement to any obligation, loss, charge or expense of the other party to this Agreement.
L. Time of Essence. Time is expressly made of the essence of each and every provision of this Agreement.
M. Remedies. No remedy or election hereunder will be deemed to be exclusive but will, wherever possible, be cumulative with all other remedies at or in equity.
N. Venue. If any action is commenced by any Party to this Agreement, such action shall be filed in a court of competent jurisdiction within the County of San Diego, California.
[Text and signatures on following page.]
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IN WITNESS WHEREOF, the Parties hereof have executed and entered into this Agreement as of the date set forth below.
CITY OF VISTA, a chartered municipal
corporation
Date:
By:
John B. Franklin, Mayor
Attest:
Kathy Valdez, City Clerk
APPROVED AS TO FORM:
Walter Chung, City Attorney
SHEA HOMES LIMITED
PARTNERSHIP, Developer
Date:
By:
Title:
Date:
By:
Title:
NOTE: A CALIFORNIA ALL PURPOSE
NOTARY ACKNOWLEDGMENT MUST BE
ATTACHED FOR ALL SIGNATURES ABOVE
APPROVED
Amanda L. Guy
20250319130139
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Exhibit “A”
Legal Description of Off-site Street Property
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EXHIBIT A
THAT PORTION OF SECTION 8, TOWNSHIP 11 SOUTH, RANGE 3 WEST, SAN BERNARDINO
MERIDIAN, IN THE CITY OF VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED DECEMBER 14, 1885, DESCRIBED AS PARCEL 2 OF THAT QUITCLAIM DEED TO THAD HUTTON, TRUSTEE, THE THAD HUTTON LIVING TRUST, DATE JULY 3, 2012, RECORDED SEPTEMBER 4, 2014, AS DOC. # 2014-0381445, OFFICIAL RECORDS OF SAN DIEGO COUNTY; MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 2;
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 2, SOUTH 33°46'21" EAST 25.00 FEET (NORTH 34°16'00" WEST RECORD) TO THE TRUE POINT OF BEGINNING AND THE BEGINNING OF A NON-TANGENT 75.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY (A RADIAL TO SAID POINT BEARS NORTH 33°46'21" WEST) SAID POINT ALSO BEING ON THE SOUTHERLY SIDELINE OF THE DEED FOR EASEMENT FOR COUNTY HIGHWAY, RECORDED SEPTEMBER 17, 1956 IN BOOK 6259, PAGE 342 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY;
THENCE DEPARTING SAID WESTERLY LINE, AND ALONG SAID SOUTHERLY SIDELINE, EASTERLY
92.08 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 70°20'34" (A RADIAL TO SAID POINT BEARS NORTH 36°34'13" EAST) TO THE POINT OF CUSP WITH A 130.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY (A RADIAL TO SAID POINT BEARS NORTH 23°28'34" EAST);
THENCE LEAVING SAID SOUTHERLY SIDELINE, WESTERLY 23.81 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°29'34" TO THE BEGINNING OF A COMPOUND TANGENT 94.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY;
THENCE WESTERLY 65.73 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 40°04'00", (A RADIAL TO SAID POINT BEARS NORTH 27°05'00" WEST) TO THE WESTERLY LINE OF SAID PARCEL 2;
THENCE ALONG SAID WESTERLY LINE, NORTH 02°37'38" EAST 2.58 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 334 SQUARE FEET , MORE OR LESS.
EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF.
_______________________________
MAXIMILIAN LEBL, PLS 9323
_______________________________
DATE:
SHEET 1 OF 2
EXHIBIT A
LEGAL DESCRIPTION
PLSA 3474
"ROAD DEDICATION - LEGAL DESCRIPTION"
07/02/2024
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Exhibit “B”
Depiction of Off-site Street Property
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APN:
171-100-14
APN:
171-100-05
APN: 171-100-02
APN: 171-100-48
PARCEL 2 OF QUITCLAIM DEED
09/04/2014
DOC 2014-0381445, OR
LOT 5
MAP 12552
25'
25'
PVT RDESMT
10/19/53
BK 5020,PG 264,ORPUB RDESMT
09/17/56
BK 6259,PG 342,OR
30'
DEDICATED
PER MAP
12552
POC
TPOB
L1
LINE TABLE
L1 - S33°46'21"E(R) 25.00' (N34°16'00"W)
L2 - N02°37'38"E 2.58' (N02°07'59"E)
C1
CURVE TABLE
C1 - L=92.08' R=75.00' D=70°20'34"
C2 - L=23.81' R=130.00' D=10°29'33"
C3 - L=65.73' R=94.00' D=40°04'00"
C2
C3
L2
N33°46'21"W(R)
N36°34'13"E(R) C1
N23°28'34"E(R) C2
N12°59'00"E(R) PCC)
N27°05'00"W(R)
V I S T A GR A N D E DR
N
S
EW
SHEET 2 OF 2
LEGEND
PROPERTY LINE
RIGHT-OF-WAY LINE
CENTER LINE
ADJOINING PROPERTY LINE
RECORD DATA PER QUITCLAIM DEED( )
EXHIBIT B
PLAT
PLSA 3474
ROAD DEDICATION AREA ACQUIRED =
334 SQ.FT., MORE OR LESS
EXHIBIT B
"ROAD DEDICATION - PLAT"
SCALE = 1" = 30'
09/04/2014, DOC # 2014-0381445, O.R.
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Vista City Council Policy
00111784 2}
600-10 PROCEDURES FOR ESTABLISHING JUST COMPENSATION
FOR THE PURCHASE BY NEGOTIATION OF REAL PROPERTY
PURPOSE
To set forth general procedures for determining just compensation for the purchase by negotiation of real property.
POLICY
The City Council hereby establishes a policy requiring an appraisal be prepared for the City for real property it is considering acquiring unless the real property has a low fair market value. For low fair market value real property, the City Council authorizes the City Manager to determine just compensation pursuant to this policy. The City Manager’s authority under this policy may not be delegated to any other person.
1. Definitions
a. “ Determination of Just Compensation” is a report documenting the support used to determine the amount of just compensation to be paid to the property owner. It is not an appraisal. b. “ Fair Market Value” means the value of the property acquired is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell, but under no particular or urgent necessity for so doing, nor obligated to sell, and a buyer, being ready, willing and able to buy, but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available.
The fair market value of the property acquired for which there is no relevant market is its value on the date of valuation as determined by any method of valuation that is just and equitable.
c. “ Low Fair Market Value,” for the purpose of this policy, shall mean property whose estimated value is $ 25,000 or less. d. “ Severance damages” may apply in those cases when the property acquired is part of a larger parcel and the remainder parcel is damaged by the taking. Severance damages mean a monetary damage caused to the remaining property by its severance from the part acquired by the City.
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EXHIBIT 3
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2. Procedures - General
a. An appraisal is not required if the City Manager determines the valuation of the property is uncomplicated and the fair market value is established at $ 25,000 or less based on a review of available data.
b. In determining whether the property is uncomplicated, the City Manager shall consider and include in the City Manager’s Determination of Just Compensation the following criteria:
1) There is no question as to the highest and best use. 2) Adequate market data is available.
3) Severance or other damages are not present.
4) There is no substantial decrease in market value due to the presence of hazardous waste material.
If the City Manager determines that the property is complicated or the value of the property to be acquired exceeds $ 25,000, an appraisal is required before purchase of the property.
c. In determining the fair market value of the property, the City Manager shall base his/ her opinion on available relevant data, including, but not limited to:
1) Comparable sales or listing data.
2) Sales data already in the City’s files.
3) Opinions of the Assessor’s Office appraisers or real estate brokers.
4) Other cost sources.
The Documentation of Just Compensation shall include all data used to arrive at the City Manager’s determination of fair market value.
d. The contents of the Determination of Just Compensation shall include the following:
1) Parcel Summary Page outlining all the relevant facts regarding the property to be acquired.
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2) Photograph( s) of the subject property.
3) Diagram of the subject property showing the dimensions of the property.
4) Location of property on City map showing the relative location of the property.
5) Documentation showing property is uncomplicated.
6) Data supporting fair market value determination.
e. The City Manager shall complete the Determination for Just Compensation process prior to initiating any negotiations with the property owner.
HISTORY
Adopted March 11, 2003
Amended December 8, 2009, City Council Resolution No. 2009-197 Amended September 26, 2023, City Council Resolution No. 2023- 166 05/13/2025
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