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HomeMy WebLinkAbout2005-05-17; City Council; 18118; Vacate Offer of Dedication Public Trail Easement9B# 18,118 5-1 7-05 MTG. - DEPT. ENG 2 CITY OF CARLSBAD -AGENDA BILL TITLE: RESOLUTION TO SUMMARILY VACATE EXISTING OFFER OF DEDICATION OF PUBLIC TRAIL EASEMENT CT 92-01 PR 04-1 01 RECOMMENDED ACTION: Adopt Resolution No. 2005-154 on Map No. 13282, CT 92-01. summarily vacating the trail easement offered for dedication ITEM EXPLANATION: An application has been filed by Michael Veprin to quitclaim a portion of the easement for public trail that was offered for dedication on Map No. 13282, CT 92-01. The public trail easement was offered by the developer and not accepted by City Council pending further acceptance or development of a public trail system. The City’s Park Planner recommends this segment of the trail system to be quitclaimed back to the respective property owners because of physical, topographical and neighborhood issues. Staff would like to vacate the trail easement as shown on CT 92-01 in its entirety instead of quitclaiming this easement to 13 individual property owners. Section 66477.2 of the Subdivision Map Act identifies the ability to terminate and abandon offers of dedication in the same manner as summary vacation of streets by Part 3 of Division 9 of the Streets and Highways Code. Utility companies have been notified of the proposed vacation; no objections have been received. ENVIRONMENTAL REVIEW: The proposed vacation is exempt from environmental review under the California Environmental Quality Act Section 15061 (b)(3), because it can be seen with certainty that there is no possibility that the vacation may have a significant effect on the environment. FISCAL IMPACT: Approval of this vacation will result in approximately .60 acres of land to be returned to the tax rolls. EXHIBITS: 1. Location Map. 2, Resolution No. 2005-154 summarily vacating that portion of trail easement offered for dedication on Map No. 13282, CT 92-01. DEPARTMENT CONTACT: Clyde Wickham, (760) 602-2742, cwick@ci.carlsbad.ca.us PROJECT NAME PROJECT TRAIL €AS€M€N T SUMMARY VACATION OF EXISTING NUMBER PR04- IO I EXHIBIT 7 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 RESOLUTION NO. 2005-154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUMMARILY VACATING THE PUBLIC TRAIL OFFERED FOR DEDICATION ON MAP NO. 13282, CT 92-01, PR 04-1 01. WHEREAS, Michael Veprin has submitted an application to quitclaim a portion of Public Trail system as dedicated on Map No.13282, CT 92-01 ; and WHEREAS, the Subdivision Map Act provides for summary vacation procedure to terminate and abandon easements that have been offered for dedication; and WHEREAS, the City Engineer has determined that this portion of the City Trail system is not needed for present or future trail purposes; and WHEREAS, the proposed vacation is exempt from environmental review per section 15061 (b)(3) of the California Environmental Quality Act; and WHEREAS, the proposed vacation is in accordance with the Growth Management Policies snd 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. 2. That the above recitations are true and correct. That the public trail easement offered for dedication on CT 92-01 as described in I Exhibit "A" and shown for the sake of clarity on Exhibit "B", is 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 3. That this Summary Vacation is processed Pursuant to Division 9, Part 3 of the Streets and Highways Code. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 17th day of May ,2005 by the following vote, to wit: AYES: Council Members Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: Council Member Lewis MATT HALL, Mayor Pro-Tem ATTEST (SEAL) 4 EXHIBIT A LEGAL DESCRIPTION VACATION OF OFFER OF PUBLIC TRAIL EASEMENT PR 04 - 101 The 20’ wide Public Trail Easement across Lots 11 and 12 and across Lots 32 thru 42 inclusive as offered for dedication on Carlsbad Tract 92-01 in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13282, recorded in the office of the County Recorder of San Diego County, December 29, 1995, of Official Records. LOCATION MAP PROJECT NAME PROJECT TRAIL €AS EMEN T CT92-01 SUMMARY VACATION OF EXISTING NUMBER \ EXHIBIT B CAMlNO DE LAS ONDAS ]NO. I BRG. OR DELTA IRADlUS I LENGTH 1 1 I N 42'07'25" E I - I 10.45' , 2 I A = 47'59'11" I 55.14' I 46.18' 3 A = 97'08'36" 20.00' 33.91' 4 A = 41'02'21" 43.98' 31.50' 5 N 34'00'20" E 28.03' 6 N 29'21'24" W 6 7.38' 7 N 34'34'33" W - 24.91' 8 N 00'05'35" E - 33.36' 9 N 42'07'25" E 19.45' - - - 15.69' 54.13' 30.24' I15 I N 00*05'35" E I - I 39.60' I NOT TO SCALE