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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has not been used for the purpose for which it was dedicated or acquired for five consecutive years or when it has been superseded by relocation and there are no other public facilities located within the easement.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 / DRAINAGE EASEMENT A VE. MAGNlFlCA I // I SI NOT TO SCALE T ern OF OCEANsiDE SUMMARY VACATION OF PROJECT NAME A DRAINAGE €AS€M€NT PROJECT EXHIBIT PRO540 I NUMBER I , I I t 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. 2005-1 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 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. 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) 4 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. 5 SUMMARY VACATION OF DRAINAGE EASEMENT PROJECT NAME PROJECT EXHIBIT NUMBER PR05-40 B