HomeMy WebLinkAbout2005-05-17; City Council; 18119; Vacation of Existing Drainage Easement Lot 94B# 18,119
MTG . 511 7/05
TITLE: APPROVING A SUMMARY VACATION OF A
PORTION OF AN EXISTING DRAINAGE EASEMENT CITYATTY. R. WITHIN LOT 9 OF CARLSBAD TRACT NO. 79-27
RECOMMENDED ACTION:
DEPT. ENG
Adopt Resolution No. 2005-1 55
drainage easement within Lot 9 of Carlsbad Tract No. 79-27, PR 05-40.
approving a summary vacation of a portion of an existing
(PR 05-40) \
CITY MGRm
ITEM EXPLANATION:
Carlsbad Tract CT 79-27 recorded as Map No. 10161 on July 30, 1981. A drainage easement was
granted to, and accepted by, the City on the final map. Drainage facilities were constructed within
that easement. On July 15, 1985, a grant deed for drainage purposes was recorded realigning a
portion of the existing drainage easement. New drainage facilities were constructed within the
realigned easement.
Staff could find no record of vacating that portion of the original easement that was realigned.
Because the drainage facilities were realigned in 1985, that portion of the existing easement is no
longer necessary.
Streets and Highways Code Section 8333 allows for the summary vacation of a public service
easement when it has not been used for the purpose for which it was dedicated or acquired for five
consecutive years or when it has been superseded by relocation and there are no other public
facilities located within the easement. Staff has determined that both of those conditions have been
met in this instance. Therefore, staff recommends that the City Council adopt the resolution to
summarily vacate the drainage easement.
ENVIRONMENTAL IMPACT:
The activity is exempt per CEQA Section 15061 (b) 3.
FISCAL IMPACT:
The item has no fiscal impact to the City. The drainage easement was granted to the City for a no
fee cost acquisition and the City will vacate the easement for no fee cost return.
EXH IBlTS :
1. Location Map.
2. Resolution No. 2005-1 55 approving a summary vacation of a portion of an existing
drainage easement within Lot 9 of Carlsbad Tract No. 79-27, PR 05-40.
DEPARTMENT CONTACT: Bob Wojcik, 602-2733, bwoic@ci.carlsbad.ca.us
LOCATION MAP
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DRAINAGE EASEMENT
A VE. MAGNlFlCA
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NOT TO SCALE
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SUMMARY VACATION OF PROJECT NAME
A DRAINAGE €AS€M€NT
PROJECT EXHIBIT
PRO540
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RESOLUTION NO. 2005-1 55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A SUMMARY VACATION
OF A PORTION OF AN EXISTING DRAINAGE EASEMENT
WITHIN LOT 9 OF CARLSBAD TRACT NO. 79-27. PR 05-40.
WHEREAS, on July 30, 1981, Carlsbad Tract CT 79-27 was recorded as Map No. 10161;
and
WHEREAS, a drainage easement was granted to, and accepted by, the City on said
map; and
WHEREAS, on July 15, 1985, a grant deed for drainage purposes was recorded realigning
a portion of said existing drainage easement; and
WHEREAS, new drainage facilities were constructed within the realigned easement; and
WHEREAS, the City Engineer has determined that the excess drainage easement is not
required for present or future drainage purposes; and
WHEREAS, the proposed vacation is consistent with the General Plan of the City; and
WHEREAS, the vacation of this portion of the drainage easement will result in
approximately 580 square feet of land being returned to the tax rolls; and
WHEREAS, there have been no drainage facilities since 1985 within the area to be
vacated.
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 pursuant to Division 9, Part 3, Chapter 4 of the California Street and Highways
Code, said drainage easement, more particularly described in Exhibit A, and shown for the sake
of clarity in Exhibit B, be summarily vacated.
3. The City Clerk is directed to record this resolution in the Office of the County
Recorder of San Diego County.
Ill
Ill
IN
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4. From the date the resolution is recorded in the County Recorder’s office, the area
ilacated no longer constitutes a public drainage easement.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
7eld 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
ZLAUDE A. LE
MATT HALL, Mayor Pro-Tem
4TTEST ,
-0RRAlNE M. WOOD, CitfClerk (SEAL)
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EXH I B IT "A"
LEGAL DESCRIPTION
A PORTION OF THAT 12-FOOT DRAINAGE EASEMENT IN LOT 9 OF
CARLSBAD TRACT NO. 79-27, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, AS DEDICATED AND ACCEPTED PER
MAP THEREOF NO. 10161, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, JULY 30, 1981, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 9; THENCE
ALONG THE WESTERLY LINE OF SAID LOT 9, SOUTH 0°48'40" WEST 64.13
FEET; THENCE SOUTH 4Oo10'13'' EAST, 142.88 FEET; THENCE SOUTH
OO48'40" WEST, 11.31 FEET TO THE TRUE POINT OF BEGINNING; THENCE
SOUTH 69O33'38" WEST, 6.44 FEET; THENCE SOUTH OO48'40" WEST, 34.81
FEET; THENCE SOUTH 27O29'23" EAST, 25.31 FEET; THENCE NORTH
OO48'40" EAST, 61 -76 FEET; THENCE SOUTH 69O33'38'' WEST, 6.44 FEET TO
THE TRUE POINT OF BEGINNING.
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SUMMARY VACATION OF DRAINAGE EASEMENT
PROJECT NAME PROJECT EXHIBIT NUMBER
PR05-40 B