ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: C15
Prepared by: Bill Tuck, Right-of-Way Agent Meeting Date: May 13, 2025 Approved by:
Greg Mayer, Department Director
John Conley, City Manager Agenda Location: Consent Calendar SUBJECT: SUMMARY VACATION OF THREE PUBLIC SEWER EASEMENTS AT APN’S 173-183-09 & 10
RECOMMENDATION: Adopt City Council Resolution No. 2025- , authorizing and approving the summary vacation of three public sewer easements at APN’s 173-182-09 & 10.
CORRELATION TO CITY COUNCIL GOALS: Routine operational item not directly corresponding to a specific City Council goal.
PRIOR ACTION: None
STATEMENT ON THE SUBJECT: In 2011, a public sewer easement was granted to the City of Vista over the easterly 15 feet of APN 173-182-09 for future extension of the sewer main from the south, recorded in the office of the County Recorder of San Diego County on January 5, 2011, as Doc. No. 2011- 008620. As part of land development project P24-0335, it was found that this easement does not align with the future sewer line extension. In 2025, two public sewer easements were granted to the City of Vista over portions of APN’s 173-182-09 and 173-182-10 to correct the location of the previously recorded easement Doc. No. 2011-008620 and were recorded in the office of the County Recorder of San Diego County on January 17, 2025, as Doc. Nos. 2025-0013645 and 2025-0013649. It was found that the legal descriptions for public sewer easement Doc. Nos. 2025-0013645 and 2025-0013649 contained errors and were subsequently corrected, so a new public sewer easement with the corrected legal description was recorded in the office of the County Recorder on March 24, 2025, as Doc. No. 2025-0074192.
With the recording of public sewer easement Doc. No. 2025-0074192, the previously recorded public sewer easement Doc. Nos. 2011-008620, 2025-0013645, and 2025-0013649 are no longer needed and are to be vacated. The public sewer easements to be vacated are shown on Exhibit “A” of Exhibit 1.
California Streets and Highways Code Section 8333(c) authorizes the City of Vista to approve a summary vacation of a public service easement if “the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.”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.
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
Approved above recommendation, adopted City Council Resolution No. 2025-74. Vote: 5-0
MEETING DATE: May 13, 2025 PAGE 2
SUBJECT: SUMMARY VACATION OF THREE PUBLIC SEWER EASEMENTS AT APN’S 173-182-09 & 10
FISCAL IMPACT: There is no direct fiscal impact associated with the staff recommendation.
EXHIBITS:
1. City Council Resolution No. 2025- , authorizing and approving the summary vacation of three public sewer easements at APN’s 173-182-09 & 10
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. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA,
CALIFORNIA, AUTHORIZING AND APPROVING THE SUMMARY VACATION OF THREE PUBLIC SEWER EASEMENTS AT APN’S 173-182-09 & 10 The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. In 2011, the City of Vista obtained a Public Sewer Easement from the owner of APN 173-182-09 (recorded as Document Number 2011-0008620 on January 5, 2011, in the County of San Diego). This easement does not align with the future sewer line extension.
B. In 2025, the City of Vista obtained two Public Sewer Easements from the owner of APN’s 173-182-09 & 10(recorded as Document Number’s 2025-0013645 and 2025-0013649 on January 17, 2025, in the County of San Diego). These easements contain errors in the easement legal descriptions.
C. The easements listed above have been superseded by a corrected Public Sewer Easement recorded in the office of the County Recorder of San Diego County on March 24, 2025, as Document Number 2025-0074192.
D. California Streets and Highways Code Section 8333(c) authorizes the City Council 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 three Public Sewer Easements that are superseded by Public Sewer Easement Document Number 2025-0074192, said Public Sewer Easements being shown in Exhibit “A”.
B. From and after the date this Resolution is recorded in the Office of the San Diego County Recorder, the three Public Sewer Easements shown in Exhibit “A” are hereby vacated and no longer constitute Public Sewer Easements.
[Continued on page 2.]
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EXHIBIT 1
RESOLUTION NO. 2025-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
APN’S 173-182-09 & 10
00091267 3
C. The City Clerk, or her agent, is hereby authorized to record said Resolution in the Office of the San Diego County Recorder.
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
20250505071809
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
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