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Home My WebLink About2006-11-14; City Council; 18800; Vacating PUblic Utility Easement10 CITY OF CARLSBAD - AGENDA BILL AB# 18,800 MTG. 11/14/06 DEPT. ENG SUMMARILY VACATING A PI IRI If I ITII ITV PAQPMPMT O\/PRr UDLIO U I I LI I I Cr\OtlVltlN I v_/VCr\ APN 211-021-31 AND 211-021-32 KING'S FISHHOUSE, PR 05-33 DEPT. HEAD QV\ CITYATTY. /&/ CITY MGR. ~"$£^ RECOMMENDED ACTION: Adopt Resolution No. 2006-333 summarily vacating a public utility easement over APN Nos. 211-021-31 and 211-021-32, King's Fishhouse, PR 05-33. ITEM EXPLANATION: As part of the King's Fishhouse development (CUP 01-06), a cul-de-sac, known as Andersen Way, was vacated by Council Resolution No. 2002-250. As part of the street vacation process, Sempra Energy and SBC Pacific Bell both requested a reservation of an easement over the cul-de-sac. Their request was prompted because the cul-de-sac contained facilities owned by those utility companies that were not yet relocated. These utilities have since been relocated. Staff has received letters from both Sempra Energy and SBC Pacific Bell supporting the vacation of this easement reserved by Council Resolution No. 2002-250. Once the facilities 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 this easement. 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: The 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 this vacation. EXHIBITS: 1. 2. Location Map. Resolution No.2006-333 summarily vacating a public utility easement over APN Nos. 211-021-31 and 211-021-32, King's Fishhouse, PR 05-33. DEPARTMENT CONTACT: Jeremy Riddle 760-602-2737 iridd@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED B 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 EASEMENT, PR 05-33 PROJECT NUMBER EXHIBIT 1 WMH Bf. SCOTT EVANS, CMLSSMD BiCIHEEKNO DEPT. 7/10/02 C:\DevB-OPHENT PROJ£CTS\SIWO-04.DWG 1 RESOLUTION NO. 2006-333 2 17 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PUBLIC UTILITY EASEMENT OVER APN NOS. 211-021-31 AND 211-021-32, KING'S FISHHOUSE. PR 05-33. WHEREAS, CPT/SC Title Holding Corporation has submitted a request to vacate an existing public utility easement as reserved by document no. 2002-0701663 recorded August 19, 2002; and WHEREAS, said easement is defined as public service easement per Section 8306 of the California Streets and Highways Code; and WHEREAS, this public easement was originally reserved as part of the Street Vacation for Andersen Way per Council Resolution No. 2002-250; and WHEREAS, the City has received letters from Sempra Energy and SBC Pacific Bell stating they do not object to vacating said easement; and WHEREAS, this easement has been superseded by relocation and there are no other interest to quitclaim said easements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, .n California, as follows:n y 1. That the above recitations are true and correct. 20 2. That the public utility easement reserved by document no. 2002-0701663 21 recorded August 19, 2002 that is more particularly described in Exhibit A and shown for the sake 22 of clarity in Exhibit B is summarily vacated per Section 8335 and 8336 of the California Streets and 23 Highway Code. 24 3. That the City Clerk is directed to record this resolution, the attached legal 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 26 no longer constitutes a public service easement. 27 " 28 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 14th day of November, 2006, by the following vote: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ^. T . -CORRttNE M. WOOD, City ClerR (SEAL) -fa EXHIBIT "A" PUBLIC UTILITY EASEMENT QUITCLAIM PR 05-33 ANDERSEN WAY WEST OF PASEO DEL NORTE BETWEEN PALOMAR AIRPORT ROAD AND CAR COUNTRY DRIVE THOSE PORTIONS OF STREET AND PUBLIC UTILITY EASEMENTS TO THE CITY OF CARLSBAD PER DOCUMENTS 85-390632 AND 85-390633, BOTH RECORDED OCTOBER 21, 1985 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, BOTH IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHWEST BOUNDARY OF PARCEL 3 OF PARCEL MAP NO. 11284, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1981, SAID POINT ALSO BEING ON THE CENTERLINE OF PASEO DEL NORTE AS SHOWN ON SAID PARCEL MAP; THENCE SOUTH 22°29'26 EAST 925.00 FEET (SOUTH 22°28'06" EAST 925.05 FEET RECORD PER SAID DEED) TO THE BEGINNING OF A TANGENT 600.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 30°37'22" A DISTANCE 320.68 FEET; THENCE LEAVING SAID CURVE ALONG A RADIAL LINE OF SAID 600.00 FEET RADIUS CURVE SOUTH 36°53'12" WEST 43.00 FEET (SOUTH 36°54'32" WEST 43.00 FEET RECORD PER SAID DEED) TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON A 643.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 4°14'18" A DISTANCE 47.56 FEET TO A POINT OF REVERSE CURVATURE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 20.00 FEET; THENCE WESTERLY, SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 103°46'42" A DISTANCE 36.23 FEET; THENCE SOUTH 19°48' 11" WEST 59.80 FEET (SOUTH 19°49'31" WEST 59.80 FEET RECORD PER DEED) TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHWESTERLY, WESTERLY, NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 216°02'00" A DISTANCE 188.52 FEET; THENCE NORTH 53°58' 13" EAST 59.80 FEET (NORTH 53°59'33" EAST 59.80 FEET RECORD PER SAID DEED) TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE PAGE 1 OF 2 PAGES EXHIBIT AVPASEO DEL NORTH \ public utility easement quitclaim ANGLE OF 82°56'50" A DISTANCE 28.95 FEET (103°46'42" A DISTANCE 36.23 FEET RECORD PER DEED) TO A POINT OF REVERSE CURVATURE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 643.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 3°38'52" A DISTANCE 40.94 FEET (4°14'18" A DISTANCE 47.56 FEET RECORD PER DEED) TO THE TRUE POINT OF BEGINNING. AREA =11396.44 SQ.FT.0.2616 ACRES MORE OR LESS DOUGLAS'R. tiffiLCHIORP.L.S. #4611 REGISTRATION EXPIRES 9-30-06 DATE PAGE 2 OF 2 PAGES EXHIBIT A\PASEO DEL NORTE \ public utility easement quitclaim ""EXHIBIT B LEGEND INDICATES LOT UNES INDICATES EASEMENT FOR PUBLIC UTILITY PURPOSES PER DOC. NO. 85-390632 , REC 10-21-1985 AND DOC. NO. 85-390633, REC 10-21-1985 (QUITCLAIMED) AREA = 11396± SO. FT. 0.262± ACRES LEGAL DESCRIPTION PARCELS A,B,C OF CITY OF CARLSBAD BOUNDARY ADJUSMENT 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?9'26" W ANDERSEN WAY STREET VACATION NOTE: STREET PORTION OF EASEMENT (A) RECORDED OCTOBER 21, 1985 AS FILE 85-390633, O.R. AND STREET PORTION OF EASEMENT (B) RECORDED OCTOBER 21, 1985 AS FILE 85-390632, O.R. VACATED PER CITY OF CARLSBAD RESOLUTION NO. 2001-250 AND RECORDED AUGUST 19, 2002 AS DOC/ 2002-0701663, O.R. rAR COUNTRYDRIVE SITE PALOMAR AIRPORT RD NO SCALE DOUGLAS f(. MELt P.LS. 4611 HIOR DATE PUBLIC UTILITIES EASEMENT QUITCLAIMEDCITY OF CARLSBAD SHEET 1 OF 2 SHEETS APPLICANT: CPT/SC TITLE HOLDING CORP. 2321 ROSECRANS AVE., SUITE 3230 . SEGUNDO, CA. 90245 PREPARED BW DOU0LA3 R. AIELI ,(7 TV 9A30-06 CITY ENGINEER REG NO. DATE PR 05-33 A.P.N. 211-021-31,32 DATE 01-05-2006 EXHIBIT "B"N 22"29'26" W 925.00 'N22-28'06"W 925.05 PER DEED o II <—i LJ o 00 EXISTING STREET AND PUBUC UTILITY EASEMENT REC. 10-21-85 AS DOC. / 85-390632 O.R. wV N 53'58'13" E 59.80 /N53-59'33"E 59.80\ ( PER DEED ) DATA TABLE ) N 36'53'12" E (R) 43.00' (N36'54'32"E 43.00 \ PER DEED ) D=82-56'50" R=20.00' 1=28.95' /D=103'46'42 R=20.00' \L=36.23' ) D=03'38'52" R=643.00' L=40.94' /D=0414'18 R=643.00' \L=47.56' N 19'48'11" E 59.80 19m49'31" E 59.80 PER DEED EXISTING STREET AND PUBUC UTILITY EASEMENTl REC. 10-21-85 AS DOC. / 85-390633 O.R. (A) EXISTING PUBLIC UTILITY EASEMENT RECORDED OCTOBER 21. 1985 AS FILE NO. 85-390633. O.R. (QUITCLAIMED) BDHY.ADJ- / 02-06 y EB INDICATES EASEMENT FOR PUBUC UTIUTIES PER DOC. 85-390632, REC AND PER DOC. 85-390633, ( QUITCLAIMED ) (B) EXISTING PUBLIC UTILITY EASEMENT RECORDED OCTOBER 21,1985 AS FILE N0 85-390632, O.R. (QUITCLAIMED) 10/21/1985 REC 100/21/1985 6731 PALMER WAY, SUITE Q L.5. 4011 CARLSBAD, CALIFORNIA 02010 (760) 438-1726 FAX (760) 438-3001 DATE 01-06-2006 (C) EXISTING WATER EASEMENT TO CARLSBAD MUNICIPAL WATER DISTRICT RECORDED 10-18-2002 AS HLE /2002-0913274 O.R. (D) EXISTING WATER EASEMENT TO CITY OF CARLSBAD RECORDED 06-04-1982 AS HLE #82-171546 O.R. PUBLIC UTILITIES EASEMENT QUITCLAIMED CITY OF CARLSBAD SHEET 2 OF 2 SHEETS APPLICANT: CPT/SC TITLE HOLDING CORP. 2321 ROSECRANS AVE., SUITE 3230 EL SEGUNDO. CA. 90245 PREPARED BY: DOUGLAS R. MELCHIOR LS. 4611 EXP. 9-30-06 CITY ENGINEER REG. NO.DATE PR 05-33 A.P.N. 211-021-31.32 DATE 01/05/2006 /OCO-T r\n 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 WATERLINE EASEMENT OVER APN NOS. 211-021-30. 211-021-31 AND 211-021- 32. KING'S FISHHOUSE. PR 05-32 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)