HomeMy WebLinkAbout2006-11-14; City Council; 18799; Vacating Water EasementCITY OF CARLSBAD - AGENDA BILL
ML.
AB# 18,799
MTG. 11/14/06
DEPT. ENG
SUMMARILY VACATING A WATER EASEMENT OVER
APN NOS. 211-021-30, 211-021-31, AND 21 1-021-32
KING'S FISHHOUSE, PR 05-32
DEPT. HEAD <&?
CITY ATTY. &^'
CITY MGR. <~TjO
RECOMMENDED ACTION:
Adopt Resolution No. 2006-332 summarily vacating a waterline easement over APN Nos.
211-021-30, 211-021-31, and 211-021-32, King's Fishhouse, PR 05-32.
ITEM EXPLANATION:
As part of the King's Fishhouse development (CUP 01-06), the existing public waterline traversing the
property was relocated into a public street, known as Paseo del Norte (per Drawing 398-8). Once the
waterlines were relocated out of the easement, and the easement is no longer being used for their
intended purpose, the easement may be vacated as a service easement in accordance with the
applicable sections of the California Streets and Highways Code.
The property owner, CPT/SC Title Holding Corporation, is requesting the City vacate a waterline
easement dedicated by document no. 265077 recorded October 3, 1972. This easement is considered
a service easement as defined by Section 8306 of the California Streets and Highways Code.
Based on staff's review, the City no longer needs this easement for the purpose it was needed,
nor will it be needed in the future.
All City departments having an interest in said easement have been informed of the requested
vacation and no departments object to this action. In accordance with Section 8335 and 8336 of the
California Streets and Highways Code, staff is recommending that the Council approve this vacation
requested by CPT/SC Title Holding Corporation.
ENVIRONMENTAL IMPACT:
This activity is exempt from California Environmental Quality Act (CEQA) review per CEQA
Section 15061(b)3.
FISCAL IMPACT:
The easements were granted to the City for a no fee cost acquisition and the City will vacate the
easement for a no fee cost return to the property owner. The owner has paid the standard fee for
processing the vacation of this service easement.
EXHIBITS:
1.
2.
Location Map.
Resolution No.2006-332 summarily vacating a waterline easement over APN Nos.
211-021-30, 211-021-31, and 211-021-32, King's Fishhouse, PR 05-32.
DEPARTMENT CONTACT: Jeremy Riddle 760-602-2737 iridd(5).ci.carlsbad.ca.us
FOR CITY CLERKS USE 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WITHDRAWN D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
LOCATION MAP
PACIFIC
OCEAN
NOT TO SCALE
SITE
PROJECT NAME
VACATE WATERLINE EASEMENT, PR 05-32
PROJECT
NUMBER
EXHIBIT
1
Btt SCOTT EVANS, CARLSBAD ENGtNEEKNQ KPT. 7/10/02 &\DEVB.OPU£NT PtKUECTS\STWO-04.DlK
1
RESOLUTION NO. 2006-332
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, SUMMARILY VACATING A WATERLINE
EASEMENT OVER APN NOS. 211-021-30, 211-021-31, AND
4 211-021-32. KING'S FISHHOUSE. PR 05-32.
5 WHEREAS, CPT/SC Title Holding Corporation has submitted a request to vacate an
6 existing waterline easement as dedicated by document no. 265077 recorded October 3, 1972; and
7 WHEREAS, this vacation is made pursuant to Section 8335 of the California Streets and
Highways Code; and8
WHEREAS, said easement is defined as public service easement per Section 8306 of
9 the California Streets and Highways Code; and
WHEREAS, said the existing waterlines they originally encompassed were removed and
relocated in a public street, known as Paseo del Norte, to the satisfaction of the City Engineer per
12 Drawing 398-8; and
13 WHEREAS, this easement has been superseded by relocation and there are no other
public facilities within the easement; and
WHEREAS, this easement is no longer utilized for the purpose for which it was granted
15
and is not now, nor is it contemplated to be needed in the future; and
"1 fi WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
interest to vacate said easement.
18 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. That the waterline easement dedicated by document no. 265077 recorded
21
October 3, 1972 that is more particularly described in Exhibit A and shown for the sake of clarity in
22 Exhibit B is summarily vacated per Section 8335 and 8336 of the California Streets and Highway
23 Code.
24 3. That the City Clerk is directed to record this resolution, the attached legal
25 descriptions and plats in the Office of the County Recorder of San Diego County.
4. That upon recordation of this Resolution at the County Recorders, this easement
no longer constitutes a public service easement.27
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
of the City of Carlsbad on the 14th day of November, 2006, by the following
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: None
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EXHIBIT "A"
LEGAL DESCRIPTION
WATERLINE EASEMENT QUITCLAIM
PR 05-32
BEING PORTIONS OF LOT "H" OF RANCHO AGUA HEDIONA, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP NUMBER 823 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY NOVEMBER 16, 1896; AND ALSO BEING A 20 FOOT WIDE
WATERLINE EASEMENT IN FAVOR OF THE CITY OF CARLSBAD, RECORDED
OCTOBER 3, 1972 AS FILE/PAGE NO. 265077 OF OFFICIAL RECORDS AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
AN EASEMENT 20.00 FEET IN WIDTH LYING 20 FEET TO THE LEFT LOOKING
IN THE DIRECTION OF THE TRAVERSE. OF THE FOLLOWING DESCRIBED
LINE-
BEGINNING AT THE MOST WESTERLY CORNER OF THAT LAND DESCRIBED
IN PARCEL 2 OF DEED TO PAUL ECKE & WIFE, RECORDED APRIL 15, 1953, AS
DOCUMENT NO. 51682, IN BOOK 4821, PAGE 209 OF OFFICIAL RECORDS;
THENCE ALONG THE WESTERLY LINE OF SAID LAND, SOUTH 22°29'22" EAST
(RECORD SOUTH 23°05'05" EAST) 31.76 FEET TO A POINT IN THE ARC OF A
1,000.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY IN THE NORTHERLY
LINE OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA,
RECORDED, JANUARY 13, 1966, AS DOCUMENT NO. 6700, OF OFFICIAL
RECORDS; THENCE WESTERLY ALONG SAID 1,000 FOOT RADIUS CURVE
THROUGH A CENTRAL ANGLE OF 11°22'40" FOR AN ARC DISTANCE OF 198.58
FEET TO A POINT, A RADIAL LINE TO SAID POINT BEARS NORTH 19°22' 19
WEST, SATO POINT BEING ON THE CENTERLINE OF PROPOSED AUTO PLAZA
BLVD., AND THENCE ALONG SAID CENTERLINE ON A BEARING OF SOUTH
22°28'20" EAST A DISTANCE OF 224.61 FEET TO A POINT ON THE ARC OF A
TANGENT 500 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE
TO SAID POINT BEARS NORTH 67°31 '40" EAST, THENCE SOUTHERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 22°52'04" FOR A DISTANCE OF
199.56 FEET; THENCE SOUTH 0°23'44" WEST TANGENT TO SAID CURVE A
DISTANCE OF 895.65 FEET TO A POINT ON A TANGENT 1,000.00 FOOT RADIUS
CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH
89°36'16" WEST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 43°38'09" FOR AN ARC DISTANCE OF 761.59 FEET;
THENCE SOUTH 43°14'25" EAST, TANGENT TO SAID CURVE A DISTANCE OF
619.97 FEET TO A POINT ON A TANGENT 500 FOOT RADIUS CURVE CONCAVE
WESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 46°45'35" EAST;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
20°45'03" FOR A DISTANCE OF 181.09 FEET; THENCE SOUTH 22°29'22" EAST,
TANGENT TO SAID CURVE, FOR A DISTANCE OF 230.00 FEET TO A POINT IN
THE SOUTHERLY LINE OF PARCEL TWO OF THAT DEED OF TRUST
RECORDED FEBRUARY 11, 1972, AS FILE NO. 33944; THENCE NORTH 67°30'38"
EAST ALONG SAID LINE A DISTANCE OF 20.00 FEET, TO THE TRUE POINT OF
BEGINNING; THENCE RETRACING ALONG SAID LINE SOUTH 67°30'38" WEST
A DISTANCE OF 377.00 FEET TO THE EASTERLY LINE OF THE CALIFORNIA
STATE HIGHWAY AS DESCRIBED IN DEED TO THE STATE OF CALIFORNIA,
RECORDED JUNE 18, 1965, AS DOCUMENT NO. 108756 OF OFFICIAL RECORDS,
THENCE SOUTH 26° 10' 00" EAST ALONG SAID EASTERLY LINE A DISTANCE
OF 67.81 FEET; THENCE ALONG SAID EASTERLY LINE, THE FOLLOWING
COURSES:
SOUTH 25° 12'42" EAST, 300.04 FEET,
SOUTH 26° 48' 12" EAST, 900.06 FEET
SOUTH 33°45'41" EAST, 151.33 FEET;
SOUTH 41° 32'36" EAST, 207.42 FEET,
SOUTH 45° 41'18" EAST, 583 55 FEET,
SOUTH 74° 05' 19" EAST, 169.57 FEET,
TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF PALOMAR
AIRPORT ROAD, AS DESCRIBED IN DEED TO THE CITY OF CARLSBAD, FILED
IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, DECEMBER 7,
1959 AS DOCUMENT NO. 251738 IN BOOK 8030, PAGE 216, OF OFFICIAL
RECORDERS AND ALSO ON PLAT OF ROAD SURVEY 1534 ON FILE IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG
SAID LINE SOUTH 87° 50'23" EAST A DISTANCE OF 20.00 FEET TO A POINT,
SAID POINT BEING THE POINT OF TERMINATION.
EXCEPTING THEREFROM THAT PORTION THEREOF THAT IS WITHIN
PARCELS NO. 1 OF PARCEL MAP NO. 11284, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1981. SATO PORTION
BEING QUITCLAIMED PER DOCUMENT NUMBER 1995-0301472 RECORDED JULY 17,
1995, OFFICIAL RECORDS.
0.967 ACRES MORE OR LESS
DOtJGLAS R. MELCfflOltrP.L.S.
LICENSE NO. PLS4611
EXPIRES 9-30-06
EXHIBIT "B
LEGEND
INDICA TES LOT LINES
fe^^j INDICATES EASEMENT FOR
WATERLINE UTILITY PURPOSES PER
DOC. NO. 205077, REC W-03-1972
(QUITCLAIMED)
AREA = 42,138± SO. FT. 0.967± ACRES
LEGAL DESCRIPTION
PARCELS A,B,C OF CITY OF CARLSBAD
BOUNDARY ADJUSTMENT 02-05
THE BASIS OF BEARING FOR THIS PLAT IS
A PORTION OF THE CENTERLINE OF
PASEO DEL NORTE PER MAP NO 13078
IE N 22-29'26" W
20.00' WIDE
EXISTING WATER EASEMENT
DOC. NO. 265077
200.00'WIDE EXISTING
cm,DOR
DOC. NO. 1995-0159073
REC. 4-17-1995
CITY OF CARLSBAD
ROAD & UTILITY
EASEMENT PER
DOC. NO. 85-390633
REC. 10-21-1985
02/21/2005
DOUGLAS R. MEL
P.LS. 4611
R COUNTRYDRIVE
WE WATER
EASEMENT
CITY OF CARLSBAD
F/P 82-171546 O.R.
'ITS
PALOMARAIRPORT RD
CITY OF CARLSBAD
ROAD & UTILITY
EASEMENT PER
DOC. NO. 85-390632
REC. 10-21-1985
CITY OF CARLSBAD
20'WIDE WATER EASEMENT
DOC. NO. 2002-1913274
REC. 10-18-2002
CITY OF CARLSBAD
ROAD & UTILITY
EASEMENT PER
DOC. NO. 85-390633
REC. 10-21-1985
VICINITY MAP
NO SCALE
WATER LINEEASEMENT QUITCLAIMED CITY OF CARLSBAD
WATER EASEMENT
[QUITCLAIMED]
SHEET 1 OF 2 SHEETS
APPLICANT:
CPT/SC TITLE HOLDING CORP.
2321 ROSECRANS AVE.,
SUITE 3230
EL SEGUNDO, CA. 90245
PREPARE
DefUGLAS
LST461
CITY ENGINEER
REG NO. DATE
211-021-30211-021-31
A.P.N. 211-021-32
DATE 02-21-2005
2004/2667-QUITCLAIM-WTR.DWG
PARCELS A,B,C OF CITY OF CARLSBAD
BOUNDARY ADJUSMENT 02-05
RECORDED 10-18-2002 AS
2002-0913260, 2002-0913261 2002-0913262
[N
IN
DATA TABLE
N 67'31'12" E 86.00
N 67'31'12" E 313.92'
D=02V8'48>> R=643.00 L=24.09'
N 22<29'26" W BASIS OF BEARING
N 2615'29" W 68.05'
N 25'12'24H W 300.01'
N 26'48'03" W 738.65'
N 26'48'03n W 161.34'
N 33'48'36" W 151.34'
N 4r33'09* W 36.16'
N 4r33'09" W 171.28'
N 45'43'28" W 103.07'
N 4416'32" E 66.00'
N 87W23" W 691.82'
D=11'20'36" R=557.00' L=110.27'
D=2r36'10" R=557.00' L=210.01'
D=22'24'03" R=557.00' 1=217.77'
N 77'50'16a W 100.00'
N 22'29'37" W 105.95'
D=5r24>55" R=557.00' L=499.83'
26'W'OO" W 67.81']
25'12'42" W 300.041
N 26'48'12" W 900.00]
'N 33'45'41" W 151.33']
[N 4r32'36" W 207.42J
[N 45'41'18H W]
[ ] = INDICATES RECORD DATA
PER DOC/265077, REC, 10-03-1972
200
GRAPHIC SCALE
200 400 600
SCALE 1" = 200 FEET
PR05-32
WATER LINEEASEMENT QUITCLAIMED CITY OF CARLSBAD
WATER EASEMENT(QUITCLAIMED)SHEET 1 OF 2 SHEETS
APPLICANT:
CPT/SC TITLE HOLDING CORP.
2321 ROSECRANS AVE.,SUITE 3230
EL SEGUNDO, CA. 90245 LS. 4611'EXP. 19-30-06
CITY ENGINEER
REG NO. DATE
211-021-30211-021-31
211-021-32A.P.N.
DATE 02-21-2005
2004/2667-QUITCLAIM-WTR.DWG
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 2006-333 SUMMARILY VACATING A PUBLIC
UTILITY EASEMENT OVER APN 211-021-31 AND 211-021-32 KING'S
FISHHOUSE. PR 05-33 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 14th day of
November, 2006.
SHEILA R. COBIAN
DEPUTY CITY CLERK
(SEAL)
•'•'',? * *xx
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