HomeMy WebLinkAbout2006-11-07; City Council; 18783; Vacation: Various easements - Aviara PkwyCITY OF CARLSBAD - AGENDA BILL
14
AB#
MTG.
DEPT.
18,783
11/07/06
ENG
SUMMARILY VACATE SLOPE, CONSTRUCTION, AND
WATER EASEMENTS AT THE NORTHEAST CORNER OF
AVIARA PARKWAY AND POINSETTIA LANE,
PR 05-63, PR 05-66, PR 05-67, AND PR 05-92
DEPT. HEAC^/^
CITYATTY. sf&^
CITYMGR. *Ij§^>
RECOMMENDED ACTION:
Adopt Resolution No. 2006-319 summarily vacating four slope and construction easements
and one water easement located near the northeast corner of Aviara Parkway and Poinsettia Lane
described as Assessor Parcel Nos. 214-550-01 and 215-070-36.
ITEM EXPLANATION:
Application to vacate the above described easements is being processed as required per Condition
No. 23 of Minor Subdivision 04-02, approved on January 27, 2005. MS 04-02 and related approved
development permits provided the necessary approvals for a proposed church at the northeast corner
of Aviara Parkway and Poinsettia Lane. In approving the minor subdivision, the City Engineer
determined that several slope and construction easements and a water easement still encumbered
the property. These easements are no longer needed and are as follows:
PR 05-63: A slope and construction easement abutting the south and north side of Poinsettia Lane.
This easement was used by the City for grading and landscaping of slopes needed to construct
Poinsettia Lane. City work on Poinsettia Lane has been completed and maintenance of the slopes will
revert back to the underlying property owner, North Coast Calvary Chapel, with approval of this
quitclaim.
PR 05-66: Two slope easements abutting the east side of Aviara Parkway. These easements were
used by the City for grading and landscaping of slopes needed to establish Aviara Parkway. City work
on Aviara Parkway has been completed and maintenance of the slopes will revert back to the
underlying property owner, North Coast Calvary Chapel.
PR 05-67: A water easement for a waterline crossing under Alga Ro*d. This easement was
established for a by-pass waterline to continue providing service while the main line was shut down
during construction of Alga Road. This by-pass waterline permanently replaced the main line until it
was abandoned due to a new waterline constructed with the Poinsettia Lane improvements. Once the
water line was abandoned, the easement was no longer needed.
PR 05-92: A slope easement abutting the west side of Aviara Parkway on Assessors Parcel No.
215-070-36. North Coast Calvary Chapel currently owns the underlying property. However, after the
quitclaim is recorded, title to this property will be transferred to the Bay Collection Homeowners
Association to complete transaction of a merger of two parcels already processed through the City.
The Bay Collection Homeowners Association represents the single-family development on the
northwest corner of Aviara Parkway and Poinsettia Lane. Once the deed is changed, the
Bay Collection Homeowners Association will retain ownership and responsibility for maintaining the
slope.
FOR CITY CLERKS l/SE ONLY.
COUNCIL ACTION: APPROVED
DENIED D
CONTINUED D
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
Page 2
All of the above easements were acquired by the City through condemnation in order to construct
Aviara Parkway and Poinsettia Lane. These easements are defined as "public service easements" per
the Streets and Highway Code Section 8306. A public service easement may be summarily vacated if
the easement has not been used for the purpose for which it was dedicated or acquired for
five consecutive years immediately preceding the proposed vacation (Streets and Highway Code
Section 8333). Since the slopes were constructed and planted, and the water line was abandoned
prior to the opening of Aviara Parkway and Poinsettia Lane more than six years ago, the project
meets the requirement of Section 8333.
ENVIRONMENTAL REVIEW:
The activity is exempt from California Environmental Quality Act (CEQA) review per CEQA
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:
While a detailed economic analysis was not conducted, returning this property to the tax rolls will
result in an increase in tax revenues from the vacation and any subsequent development that may
benefit from said vacation. Otherwise, this item has no fiscal impact to the City. The owner has paid
for the cost of processing the vacation.
EXHIBITS:
1. Resolution No. 2006-319 summarily vacating four slope and construction easements
and one water easement near the northeast corner of Aviara Parkway and Poinsettia Lane
(Assessor Parcel Nos. 214-550-01 and 215-070-36) back to the underlying property owner.
2. Location Map.
3. Legal descriptions and plats.
DEPARTMENT CONTACT: David Rick, (760) 602-2781, drick@ci.carlsbad.ca.us
2
1
RESOLUTION NO. 2006-319
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3
4
5
CARLSBAD, CALIFORNIA, SUMMARILY VACATING FOUR
SLOPE AND CONSTRUCTION EASEMENTS AND ONE WATER
EASEMENT NEAR THE NORTHEAST CORNER OF AVIARA
PARKWAY AND POINSETTIA LANE (ASSESSOR PARCEL NOS.
214-550-01 AND 215-070-36) BACK TO THE UNDERLYING
PROPERTY OWNER.
6 WHEREAS, Calvary Chapel - North Coast, a California Non-Profit Corporation,
has submitted a request for a summary vacation on property located near the northeast corner of
e0 Aviara Parkway and Poinsettia Lane of slope and/or construction easements acquired per
9 Doc. 1999-0740360 recorded November 5, 1999; Doc. 1996-0578777 recorded November 15,
10 1996; Doc. 1997-0651331 recorded December 22, 1997 as of Official Records of San Diego
11 County within San Diego County; and of a water easement acquired per Parcel 'D' per Doc. 1997-
12 0651331 recorded December 22, 1997 in the Official Records of San Diego County; and
WHEREAS, in 1997, the City condemned said slope and/or construction easements and a
water easement fronting then Alga Road; and
WHEREAS, in 1999, the City condemned said slope and/or construction easements
15
fronting Poinsettia Lane; and
16
WHEREAS, said easements are defined as public service easements per Section 8306 of
the California Streets and Highways Code; and
1R WHEREAS, said public service easements have not been used for the purpose for which
they were acquired for five consecutive years and are not now, nor are they contemplated to be,
20 needed for slope construction and maintenance purposes or water facility purposes in the future;
21 and
22 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
23 interest to summarily vacate said public service easements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:25
1. That the above recitations are true and correct.
26"
27
28
3
1 2. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and
2 Highway Code, said public service easements more particulary described in Exhibit A of PR 05-63,
3 PR 05-66, PR 05-67 and PR 05-92, and shown for the sake of clarity in Exhibit B of PR 05-63,
PR 05-66, PR 05-67 and PR 05-92, be summarily vacated.
3. The City Clerk is directed to record this resolution, the attached legal descriptions5 ~°
and plats in the Office of the County Recorder of San Diego County.6
4. From the date the resolution is recorded in the County Recorder's office, the area
vacated no longer constitutes a public service easement.8
9 '"
10 '"
11 '"
12 '"
13 '"
14 '"
15 '"
16 '"
17 '"
18 '"
19 '"
20 "I
21 ///
22 ///
23 ///
24 ///
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26 ///
27 ///
28
1
2
3
4
5
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 7th day of November, 2006, by the following vote:
AYES: Council Members Lewis, Hall, Packard, Sigafoose
NOES: None
ABSENT: Council Member Kulchin
LRRAINEM.WOOtcityClerk'
(SEAL)
LOCATION MAP
S/7E
CITY OF OCEANSIDE
HIGHWAY ,>«
NOT TO SCALE
PROJECT NAME
NORTH COAST CALVARY CHAPEL
PROJECTNUMBER
PR05-63, PR05-66
PR05-67, PR05-92
EXHIBIT
DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 4/12/06 C: \DEVELOPUENT PROJECTS\PR\PR05-63_66_67_&9ZDHG
FEBRUARY 24, 2006
J.N. 021043
PAGE 1 OF 1
EXHIBIT 'A'
VACATION OF EASEMENTS
APN 215-070-36
PR 05-63
LEGAL DESCRIPTION
ALL THOSE PORTIONS OF CERTAIN PARCELS 2, 3, 4, AND 5 FOR
SLOPE AND CONSTRUCTION EASEMENTS IN FAVOR OF THE CITY OF
CARLSBAD ACQUIRED PER DOCUMENTS RECORDED NOVEMBER 5, 1999
AS DOC. 1999-0740360 OF OFFICIAL RECORDS OF SAN DIEGO
COUNTY WITHIN THE FOLLOWING DESCRIBED REAL PROPERTY:
THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 22 TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF.
0:\Legal_Descriptions\971039\PR05-63.doc
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V)
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\
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LOT10FC.T. 91-12 MARINERS PT.
UNIT 1, PER MAP NO. 13394
REC. JAN 24, 1997
N.W. 1/4 OF THES.W. 1/4 OF
THES.W. 1/4 OF SECTION 22
LEGEND:
PROPERTY LINE
EXISTING EASEMENT LINE
SLOPE PER 1999-0740360
REC 11-5-99
CONSTRUCTION PER
1999-0740360
REC 11-5-99
0'
W
SCALE: 1" = 200'
400'
APNt 216-070-36
SOUTH 1/20FTHES.W. 1/4
OF THE S. W. 1/4 OF SECTION 22
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EXHIBIT 'B'SHT. 1 OF 1
CONSULT T S
2710 Loker Avenue West
Suite 100
Carlsbad, California 92010760-931-7700
Fax: 760-931-8680
OdayOOd aycormultcinta.com
Civil Engineering
Planning
Processing
Surveying
CITY OF CARLSBAD
VACATION
OF
SLOPE A CONST. EASEMENT
Date: 02-24-2006
A.P.N. 215-070-36
PR 05-63
0:\971(W«\97»ZWO».d»y Get 19. 200t 2:08pm
Xrafe 97Md.tr, 973tdnMp
SEPTEMBER 7, 2006
J.N. 021043
PAGE 1 OF 1
EXHIBIT 'A'
VACATION OF EASEMENTS
APN 214-550-01, 215-070-36
PR 05-66
LEGAL DESCRIPTION
ALL THOSE PORTIONS OF SLOPE EASEMENTS ACQUIRED PER DOC.
1996-0578777 RECORDED NOVEMBER 15, 1996; DOC. 1997-0651331
RECORDED DECEMBER 22, 1997 IN SAN DIEGO COUNTY WITHIN THE
FOLLOWING DESCRIBED REAL PROPERTY:
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4
WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF.
TOGETHER WITH
THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 22 TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF.
TOGETHER WITH
LOT 1 OF CARLSBAD TRACT 91-12, MARINERS POINT UNIT 1, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13394, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
CALIFORNIA ON JANUARY 24, 1997.
O:\Legal_Descriptions\971039\PR05-66.doc
a
LOT 1 OF 0,1 91-12 MARINERS PI
UNIT 1, PER MAP NO. 13394
REC. JAN 24, 1997
APNt 214-660-01
APM 216-070-13
N.W. 1/4 OF THE S.W. 1/4 OF
THES.W. 1/4 OF SECTION 22
T
APM 216-070-38
SOUTH 1/2 OF THE S.W. 1/4
OF THE S. W. 1/4 OF SECTION 22
LEGEND:
PROPERTY LINE
EXISTING EASEMENT LINE
SLOPE EASEMENT
PER 1996-0578777
REC. 11-15-1996
SLOPE EASEMENT
PER 1997-0651331
REC. 12-22-1997
EXHIBIT 'B'SHT. 1 OF 1
2710 Loker Avenue WestSuite 100
Carlsbad, California 92010
760-931-7700
Fax: 760-931-8680
(p)| OdoyOOdayconaultanta.com
Civil Engineering
Planning
Proceealng
Surveying
CITY OF CARLSBAD
VACATION
OF
SLOPE EASEMENT
Date: 02-24-2006
APN 214-550-01
215-070-36
PR 05-66
0:\>7103>\>73tZinS.d»g Oct 19. 2008 2:07pm
Xrafe 97MMn 873Mmap \0
February 24, 2006
J.N. 021043
PAGE 1 OF 1
EXHIBIT 'A'
VACATION OF EASEMENTS
APN 215-070-36
PR 05-67
LEGAL DESCRIPTION
THAT PORTION OF CERTAIN PIPELINE EASEMENT IN FAVOR OF THE
CITY OF CARLSBAD MORE PARTICULARLY DESCRIBED AS PARCEL 'D'
PER DOC. 1997-0651331 RECORDED DECEMBER 22, 1997 IN
OFFICIAL RECORDS OF SAN DIEGO COUNTY WITHIN THE FOLLOWING
DESCRIBED REAL PROPERTY:
THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 22 TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF.
0:\Legal_Descriptions\971039\PR05-67.doc
I T
LOT 1 OF C. T. 91-12 MARINERS PT.
UNIT 1, PER MAP NO. 13394
REC. JAN 24, 1007
N.W. 1/4 OF THE S.W. 1/4 OF
THES.W. 1/4 OF SECTION 22
APM 216-070-36
1/2 OF THES.W. 1/4
OF THE S.W. 1/4 OF SECTION 22
CONSULT
2710 Lokar Avenue We«t
Suite 100
Carlsbad. California 92010
760-931-7700
Fax: 760-931-8680
Civil Engineering
Planning
Processing
Surveying
OdayOOdoyconaultante.com
LEGEND:
PROPERTY UNE
EXISTING EASEMENT LINE
WATER PER 1997-0651331
REC 12-22-97
TOO1400'
SCALE: 1" = 200'
_^^p^^^fS!^£^^^_ ^^^^^** ^* ** •••••—
EXHIBIT 'B'
CITY OF
CARLSBAD
VACATION
OF
WATER EASEMENT
Date: 02-24-2006
A.P.N. 215-070-36
PR 05-67
O:\B710W\B730ZWMdvg Ort 1B, 2006 20>pm
«73M*tR 973MiMp
EXHIBIT "A"
Page 1 of 1
LEGAL DESCRIPTION
CITY OF CARLSBAD
PARTIAL VACATION
SLOPE EASEMENT, INSTRUMENT NO. 1997-0651331
PR 05-92
Any slope easement rights that may be held by the City of Carlsbad, in the City of Carlsbad, County of
San Diego, State of California, as described in the Final Order of Condemnation Superior Court Case
No. 288574 recorded December 22, 1997 as Instrument No. 1997-0651331 of Official Records in the
Office of the County Recorder of said San Diego County, lying easterly of the westerly line of Section
22, Township 22, Township 12 South, Range 4 West, San Bernardino Meridian, according to the
official plat thereof and lying westerly of the westerly line of "Alga Road Street Dedication for Sambi
Seaside Heights within T.A.P. No. 215-07-12" as described in said Final Order of Condemnation,
more particularly described in said Final Order of Condemnation as follows:
A portion of that real property described in a Grant Deed to Daljit S. Sarkaria and Elaine Sarkaria,
husband and wife as community property, according to a document recorded February 6, 1981 in the
Office of the County Recorder of San Diego County, State of California as file Page No. 81-037884
being more particularly described as follows:
BEGINNING at the southeast corner of that 68.558 acre parcel as shown on Record of Survey No.
9812 recorded in the Office of the County Recorder of San Diego County on 18 October, 1984, thence
along the south line of said parcel North 89° 13'59" West a distance of 220.41 feet to the TRUE
POINT OF BEGINNING; thence leaving said south line, South 40°20'11" East a distance of 182.19
feet; thence South 31 °09'54" East a distance of 314.70 feet; thence South 71°42'26" East a distance of
96.57 feet; thence South 02°52'49" East a distance of 17.03 feet; thence South 50°22'56" West a
distance of 80.56 feet; thence South 17°02'27" East a distance if 135.78 feet; thence
South 61°33'14" East a distance of 107.15 feet; thence South 07°07'47" West a distance of 11.25 feet;
thence South 60° 14'26" West a distance of 70.58 feet; thence South 14°24'34" East a distance or
411.56 feet; thence South 01°33°35" East a distance of 44.89 feet; thence North 86°59'29" West a
distance of 165.11 feet; thence North 37°59'25" West a distance of 37.13 feet; thence
North 18°04'30" West a distance of 279.17 feet; thence North 00°33'30" East a distance of 139.83
feet; thence North 89°10'01" West a distance of 33.73 feet; thence North 14°23'40" West a distance of
180.66 feet; thence North 21°04'11" West a distance of 126.63 feet; thence North 26°01'40" West a
distance of 116.48 feet; thence North 31 °19'47" West a distance of 137.25 feet; thence
North40°20' 11 "West a distance of 290.81 feet to said south line; thence along said south line,
South 89°13'59" East a distance of 221.63 feet to the TRUE POINT OF BEGINNING.
CONTAINING: 17,387 Square feet.
SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Records.
EXHIBIT "B" attached and by this reference made a part hereof.
jregory A. Helmer, L.S. 5134
Dated: October 5, 2006
10102194\admin\lega1s\2194!g1053 .doc
BASIS OF BEARINGS
THE BASIS OF BEARINGS FOR THIS MAP IS THE SOUTH LINE OF
THAT 68.558 ACRE PARCEL AS SHOWN ON RECORD OF SURVEY NO.
9812 RECORDED OCTOBER 18, 1984 IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, I.E. N89'1J'59"Hf
T
LOCATION
VICINITY MAP
NOT TO SCALE
i |^
EXHIBIT fBf
SHEET 1 OF 2
CITY OF CARLSBAD
DATE: FEBRUARY 22. 2005
SCALE: AS SHOH/N
APN: 215-070-36
EASEMENT VACATION (INST. NO. 1997-0651331)
THAT CERTAIN LAND SITUATED IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION OF THE
SOUTHWEST QUARTER OF SECTION 22, TOM/SHIP 12 SOUTH, RANGE
4 HEST, SAN BERNARDINO MERIDIAN.
DRAW BY:
RBF CONSULTING
PR 05-92
REVISED: OCTOBERS, 2006
H:\PDATA\10102194\CADD\MAPPING\EXHIBITS\2194EX098.DWG MSB 10/5/06 11:15 am
R. 3. MAP NO. 9812
SOUTH LINE PER
R.S.9812
(BASIS OF
BEARINGS)P.O.C.
SE CORNER OF
68.558 AC. PARCEL
PER R.S. 9812
If'LY LINE SECTION 22
LEGEND:
EXIST. ESMT.
v y y / \ PORTION TO BE
*/ / / * QUITCLAIMED
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
S89
S40
S71
502
S50
S17
561
507
S60
S01
N86
NJ7
N18
NOO
N89
N14
N21
N26
N31
N40
S89
(SCALE: 1"=200')
DATA TABLE
(NO) BRNG/DELTA RADIUS LENGTH
'13
'20
'42
'52
'22
'02
'JJ
'07
'14
'33
'59
'59
'04
'33
'10
'23
'04
'01
'19
'20
'13
'59"E
'11*E
'26"E
'49"E
'56 "If
'27'E
'14"E
'47'lf
'26 "If
'35"E
'29 "If
'25 "If
'JO "If
'30"E
'01"If
'40"lf
'11'lf
'40"lf
'47"lf';;>
'59"E
220.41'
182.19'
96.57'
17.03'
80.56'
135.78'
107.15'
11.25'
70.58'
44.89'
165.11'
37.13'
279.17'
139.83'
33.73'
180.66'
126.63'
116.48'
137.25'
290.81'
221.63'
POR. SEC. 22,
T.I25., R.4W., S.BM
If'LY LINE Of "ALGA ROAD STREET DEDICATION FOR
SAMBI SEASIDE HEIGHTS IflTHIN T.A.P. NO.
215-07-12" PER FINAL ORDER
RECORDED AS INST. 1998-
THIS MAP IfAS PREPARED BY ME OR UNDER MY
DIRECTION
EXHBfT "B"
GREGORY A. HELMER
DATE: OCTOBERS, 2005
P.L.S 5134
SHEET 2 OF 2
CITY OF CARLSBAD
DATE: FEBRUARY 22. 2005
SCALE: AS SHOW
APN: 215-070-36
EASEMENT -QUITCLAIM (INST. NO. 1997-0651331)
THAT CERTAIN LAND SITUATED IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A
PORTION OF THE SOUTHm/EST QUARTER OF SECTION 22, TOIfNSHIP
12 SOUTH, RANGE 4 VEST, SAN BERNARDINO MERIDIAN.
DRAIfN BY:
RBF CONSULTING
PR 05-92
REVISED: OCTOBERS, 2006
I:\PDATA\10102194\CADD\MAPPNG\EXHIBITS\2194EX097.DWG MSB 10/5/06 11:09 am
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO ) ss.
I, Sheila R. Cobian, Deputy City Clerk of the City of Carlsbad, County of San
Diego, State of California, hereby certify that I have compared the foregoing copy
with the original RESOLUTION NO. 2006-319 SUMMARILY VACATING SLOPE.
CONSTRUCTION AND WATER EASEMENTS NEAR THE NORTHEAST
CORNER OF AVIARA PARKWAY AND POINSETTIA LANE (APN 214-550-01
AND 215-070-36) BACK TO THE UNDERLYING PROPERTY OWNER with the
original now on file in the Office of the City Clerk of the City of Carlsbad: that the
same contains a full, true and correct transcript therefrom and of the whole thereof.
Witness my hand and the seal of said City of Carlsbad, this 7th day
of November 2006.
AK v^^SHEILA R COBIAN
DEPUTY CITY CLERK
(SEAL)