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Home My WebLink About2003-01-14; City Council; 17034; Vacating Two Grant Deeds Of Easement,B# 17,034 ITG. 1/14/03 IEPT. ENG CITY OF CARLSBAD - AGENDA BILL m: RESOLUTION TO SUMMARILY VACATE TWO GRANT DEEDS OF EASEMENT FOR PUBLIC STREET AND EASEMENTFORTEMPORARYCONSTRUCTIONPURPOSES PUBLIC UTILITY PURPOSES AND TWO GRANT DEEDS OF (SW 02-02), CT 99-04 CITY MGR. skc RECOMMENDED ACTION: Adopt Resolution No. 2003-009 summarily vacating two grant deeds of easement for public street and public utility purposes and two grant deeds of easement for temporary construction purposes. ITEM EXPLANATION: During the design of realigned Rancho Santa Fe Road, Real Estate Collateral Management Company and MAG Properties cooperated with the City to provide necessary easements for a temporary road for ingress and egress from Cadencia Street to realigned Rancho Santa Fe Road. A public street and public utility easement, together with a temporary construction easement, was granted by each of the property owners to facilitate the temporary road. These easements were recorded as document numbers 2002-0220021,2002-0220022,2002-0258807, and 2002-0258808. The public street and public utility easements as granted state that grantor and grantee acknowledge that the easements were intended to be temporary and the easement documents reserved the grantors the right to request a summary vacation of said easements upon completion of two items: 1) recordation of a final subdivision map which dedicates Cadencia Street, Paseo Capuchina, and Camino Junipero to the City; and 2) said streets have been improved as shown on City Drawing No. 397-1 and are open to the public. The final map for Carlsbad Tract CT 99-04 recorded on April 29, 2002 as Map No. 14379, on which the right-of-way necessary to provide a permanent connection between existing homes and realigned Rancho Santa Fe Road via Cadencia Street, Paseo Capuchina, and Camino Junipero, was dedicated. The improvements for the permanent connection between existing homes and realigned Rancho Santa Fe Road via Cadencia Street, Paseo Capuchina, and Camino Junipero have been completed. Utility companies have been notified of the vacation. No objections have been received. FISCAL IMPACT: No fiscal impact. EXHIBITS: 1. Location Map. 2. publicstreet and public utility purposes and two grant deeds of easement for temporary Resolution No. 2003-009 summarily vacating two grant deeds of easement for construction purposes. 3. Application. E)cM!BJT LOCATION MAP R: \0261\Wap\¶v-Caks S Cityracoti"pareolupinol.d*g[ 1993]Sep-Z4-2002: 19:04 r PRWECT NAME N. T.S. PROJECT # EXHIBIT SUMMARY pum STREET AND Pum unuv EASEMENT VACATION I SN 02-02 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I/ (I RESOLUTION NO. 2003-009 RESOLUTION TO SUMMARILY VACATE TWO GRANT DEEDS OF EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES AND TWO GRANT DEEDS OF EASEMENT FOR TEMPORARY CONSTRUCTION PURPOSES (STV 02-02). CT 99-04. WHEREAS, Real Estate Collateral Management Company, a Delaware corporation, has submitted an application to summarily vacate two public street and public utility easements and two temporary construction easements; and WHEREAS, the easements were originally recorded with the Office of the County Recorder as document numbers 2002-0220021, 2002-0220022, 2002-0258807, and 2002- 0258808. WHEREAS, the original easements allowed for the grantor to request the summary vacation of said easements upon granting of additional right-of-way and completion of certain roadway improvements as shown on tentative map of Carlsbad Tract CT 99-04 and City Drawing No. 397-1 ; and WHEREAS, the right-of-way dedication and roadway improvements required to be completed by the original easement documents, prior to applicant requesting a summary vacation of said easements, has been completed; and WHEREAS, the City Engineer has determined that the easements are not needed for present or future street or utility purposes: and WHEREAS, the proposed vacation is in accordance with the Growth Management Policies and is consistent with the General Plan of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. It is said Council's intention to summarily vacate the four grant deeds of easement previously granted to the City and recorded in the Office of the County Recorder as document numbers 2002-0220021,2002-0220022,2002-0258807, and 2002-0258808. 3. That, pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highways Code, said easements more particularly described in Exhibits A, and shown for the sake of clarity on Exhibits 6, be summarily vacated. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. That the City Clerk is directed to record this resolution in the Office of the County Recorder of San Diego County. 5. From the date the resolution is recorded in the County Recorder’s Office, the areas vacated no longer constitute a temporary construction easement or an easement for public street and public utility purposes. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad city COUnCil ield on the 14th day of JANUARY , 2003 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard NOES: None ATTEST Page 2 of 2 of Resolution No. 2003-009 (SEAL) * .: -I EXHIBIT “A” kEtLEJ.J~ &J LEGAL DESCRIPTION ,->‘f$~ 1 0 2082 1 T YW SUMMARY STREET VACATION PARCEL “A“ - APN 223-050-67 ALL OF THAT EASEMENT FOR PUBLIC STREET AND UTILITY IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DESCRIBED AS PARCEL “B” IN GRANT DEED OF EASEMENT RECORDED MARCH 15,2002 AS DOCUMENT NO. 2002-0220021, OF OFFICIAL RECORDS CONTAINING 0.539 ACRES, MORE OR LESS. PARCEL “B” - APN 223-050-68 ALL OF THAT EASEMENT FOR PUBLIC STREET AND UTILITY IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DESCRIBED AS PARCEL “8” IN GRANT DEED OF EASEMENT RECORDED MARCH 27,2002 AS DOCUMENT NO. 2002-0258807, OF OFFICIAL RECORDS. EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHERLY INTERSECTION OF THE CENTERLINES OF PASEO LUPIN0 AND RANCHO SANTA FE ROAD.126.00 FEET WIDE, DESCRIBED AS POINT “B“ IN SAID GRANT DEED OF EASEMENT; THENCE NORTHERLY ALONG SAID CENTERLINE OF PASEO LUPIN0 AND CENTERLINE OF A 60.00 FOOT WIDE STRIP AS DESCRIBED IN SAID PARCEL ‘B” OF SAID GRANT DEED OF EASEMENT; THENCE NORTH lO”11’30” WEST, 273.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID CENTERLINE SOUTH 79’48’30” WEST, 30.00 FEET; TO THE POINT OF TERMINUS. CONTAINING 0.346 ACRES, MORE OR LESS. PAGE 1 OF 2 :tn M:\2352\12\legal descriptions\a37-slree~ac-paseolupino.Bal.doc I.,_ ^“*n .^ nmmmn PARCEL “C“ - APN 223-050-68 ALL OF THAT TEMPORARY CONSTRUCTION EASEMENT IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DESCRIBED AS PARCEL “B” IN GRANT DEED OF EASEMENT RECORDED MARCH 27,2002 AS DOCUMENT NO. 2002-0258808, OF OFFICIAL RECORDS: CONTAINING 1.408 ACRES, MORE OR LESS. PARCEL “D” - APN 223-050-67 ALL OF THAT TEMPORARY CONSTRUCTION EASEMENT IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DESCRIBED AS PARCEL “B IN GRANT DEED OF EASEMENT RECORDED MARCH 15,2002 AS DOCUMENT NO. 2002-0220022, OF OFFICIAL RECORDS: CONTAINING 2.038 ACRES, MORE OR LESS. DAVID W. AMBLER L.S. 7322 HUNSAKER &ASSOCIATES SAN DIEGO, INC. PAGE 2 OF 2 :tn M:\2352\12Uegal descripCons\a37-slreetvac-paseolupino.Bal.doc I.,_ “-c“ .- a,“,“ CITY OF CARLSBAD - ENGINEERING DEPARTMENT APPLICATION FOR ENGINEERING PLAN CHECK OR PROCESSING I1 Complete all appropriate information. Write N/A when not applicable. PROJECT NAME: La Costa "Oaks South" DATE 09/06/02 PROJECT DESCRIPTION: Summaw Vacation of Rancho Santa Fe Road Temuoraw Connector Road & Appurtenant Easements: 2002-0220021 & 22 and 2002-0258807 & 08 PROJECT ADDRESS: NIA LOT NO(S).: WA MAP NO.: CT 99-04 APN(S).: See additional Comments Below NO. OF DWELLING UNITS: WA LFMP ZONE: 11 #LOTS: NIA #ACRES: NIA Mailing Address: Phone Number: j760) 929-2701 information is true and correct to the best of my knowledge. I certify that I am the legal owner and that all the above Firm: Hunsaker & Associates SD. Inc. Gemon Incomorated Mailing Address: 10179 Huennekens Street Mailing Address: 6960 Flanden Drive San Dieao. CA 92121 San Diwo, Calii. 92121-2974 I Phone Number: 1858) 556-4500 Phone Number: 1858) 558-6900 State Registration Number: 48670 State Registration Number: 22527 ADDITIONAL COMMENTS: I Portion of Existing APN # 223-050-67 & 68 IMPROVEMENT VALUATION I 1. What water district is the proposed project located i Carlsbad Municipal Water District @%sJ Vallecitos 2. If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 3. What is the total cost estimate, including 15% contingency fee, for sewer (for Carlsbad 15% contingency fee, for water and reclaimed water improvements (if applicable)? $ WA drainage improvements (if applicable)? Municipal Water District only), street, public (median) landscape and irrigation, and $ NIA applicable)? $ NIA 4. What is total cost of landscape and irrigation improvements on private property (if