HomeMy WebLinkAbout2007-04-24; City Council; 18969; Old Rancho Santa Fe Rd easement vacationsCITY OF CARLSBAD - AGENDA BILL
18,969AB#
MTG. 4/24/07
DEPT.ENG
SUMMARY VACATION OF AN IRRIGATION AND
LANDSCAPE EASEMENT AND A PUBLIC UTILITY AND
TREE PLANTING EASEMENT OVER PORTIONS OF 29
LOTS FRONTING THE OLD RANCHO SANTA FE ROAD
ALIGNMENT, PR 07-36
DEPT.
CITY ATTY
CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No.
CT 76-03 an irrigation
2007-087
and
. summarily vacating on lots 28-31, 41, 48-50, and 52-59 of
landscape maintenance easement as dedicated per CT 76-03,
County Map No. 8583 and summarily vacating on lots 28-31, 40, 41, 48-50, 52-59 and 89-100 of
CT 76-03, County Map No. 8583, a public utility and tree planting easement as dedicated on
CT 72-20, Map No. 7950.
ITEM EXPLANATION:
The City is the applicant for the requested easement vacations which consist of public irrigation,
landscape, tree planting, and utility easements that traverse the rear yards of 29 single-family lots
abutting the previously aligned Rancho Santa Fe Road. Rancho Santa Fe Road was realigned to the
east and has been replaced with a public trail. This public trail is located southeast of the properties
and does not encroach into the easements.
After the City Council approved one property owner's application to have the City vacate the above-
described easements encumbering property at 7316 Muslo Lane, the City received two separate and
identical application requests for two more properties that abut the previously aligned Rancho Santa
Fe Road. Because of a growing interest among property owners to have the City vacate these
easements, staff determined that it would be more efficient to vacate these easements under one
application rather than process separate applications from each property owner. The two applications
submitted earlier will be withdrawn and processing fees will be refunded.
The above easements were acquired in the 1970's. 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). Landscaping has not been maintained by the City within the last five
years and no irrigation lines exist in the easement. All utility companies and City departments that
may have an interest in said easements have been informed of the requested vacation. None of the
utility companies or departments have objections to the vacation. Except for San Diego Gas &
Electric Company facilities, no utilities exist within the easements. SDG&E does not object to the
vacation as they have separate recorded easements to cover their existing facilities. Therefore, the
project meets the requirement of Section 8333 and staff is recommending that the City Council
approve the vacations.
ENVIRONMENTAL IMPACT:
The activity is exempt from California Environmental Quality Act (CEQA) review per CEQA
Section 15061(b)3.
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
H'
D
D
D
D
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
D
D
D
D
Page 2
FISCAL IMPACT:
The item has minor fiscal impact to the City. Costs include the time spent by staff to process this
application. Benefits include eliminating City cost and liability for landscape maintenance and a return
of property to the tax roll. The easements were granted to the City for a no fee cost acquisition and
the City will vacate the easements for a no fee cost return to the property owners.
EXHIBITS:
1. Location Map.
2. Resolution No. 2007-087 summarily vacating on lots 28-31, 41, 48-50, and 52-59 of
CT 76-03 an irrigation and landscape maintenance easement as dedicated per CT 76-03,
County Map No. 8583 and summarily vacating on lots 28-31, 40, 41, 48-50, 52-59 and 89-100
of CT 76-03, County Map No. 8583, a public utility and tree planting easement as dedicated on
CT 72-20, Map No. 7950.
3. Plat and legal description.
DEPARTMENT CONTACT: David Rick, (760) 602-2781. drick@ci.carlsbad.ca.us
LOCATION MAP
VICINITY
MAP
NOT TO
SCALE
NOT TO SCALE
PROJECT NAME
VACATION OF EASEMENTS
FRONTING PREVIOUS RANCHO SANTA FE RD.
PROJECT
NUMBER
PR07-3$
EXHIBIT
1
DRAW BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 3/26/07 C: \DEVELOPUENT PROJECTS\PR\PR07-36.Dmi
1
RESOLUTION NO. 2007-087
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, SUMMARILY VACATING ON LOTS
28-31, 41, 48-50, AND 52-59 OF CT 76-03 AN IRRIGATION AND
4 LANDSCAPE MAINTENANCE EASEMENT AS DEDICATED PER
CT 76-03, COUNTY MAP NO. 8583, AND SUMMARILY VACATING
5 ON LOTS 28-31, 40, 41, 48-50, 52-59 AND 89-100 OF CT 76-03,
COUNTY MAP NO. 8583 A PUBLIC UTILITY AND TREE PLANTING
6 EASEMENT AS DEDICATED ON CT 72-20. MAP NO. 7950.
7 WHEREAS, the City of Carlsbad has requested a summary vacation of an irrigation and
8 landscape maintenance easement over lots 28-31, 41, 48-50, and 52-59 of CT 76-03 as dedicated
9 per CT 76-03, County Map No. 8583 and a summary vacation of a public utility and tree planting
10 easement over lots 28-31, 40, 41, 48-50, 52-59 and 89-100 of CT 76-03, County Map No. 8583,
11 as dedicated on CT 72-20, Map No. 7950; and
12 WHEREAS, said easements are defined as public service easements per Section 8306
13 of the California Streets and Highways Code; and
14 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
16 be, needed for landscaping, irrigation, tree planting, public utility and maintenance purposes or
water facility purposes in the future.
18 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
19 California, as follows:
20 1. That the above recitations are true and correct.
21 2. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and
22 Highway Code, said public service easements more particularly described in Exhibit A of
23 PR 07-36, and shown for the sake of clarity in Exhibit B of PR 07-36, be summarily vacated.
24 3. The City Clerk is directed to record this resolution, the attached legal descriptions
25 and plats in the Office of the County Recorder of San Diego County.
26 4. From the date the resolution is recorded in the County Recorder's office, the area
27 vacated no longer constitutes a public service easement.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 24th day of April 2007, by the following vote:
AYES: Council Members Lewis, Kulchin, Hall, Packard, Nygaard
NOES: None
ABSENT: None
ATTEST:
ORRAINE tyl. WOOD, City
(SEAL)
0
EXHIBIT A
PR 07-36
Parcel A
All that portion of Lots 28 through 31, 40, 41, 48 50, 52 through 59 and 89 through 100
of Carlsbad Tract No. 76-03, La Costa Vale Unit No. 4, in the City of Carlsbad, County of
San Diego, State of California, according to map thereof No. 8583, filed in the Office of
the County Recorder of San Diego County, May 25, 1977, more particularly described as
follows:
An easement for 10 foot public utilities and tree planting purposes dedicated on
Carlsbad Tract No. 72-20, La Costa Vale Unit No. 3, in the City of Carlsbad, County of
San Diego, State of California, according to Map thereof No. 7950, field in the Office of
the County Recorder of San Diego County, June 3, 1974.
Parcel B
All that portion of Lots 28 through 31,41, 48 through 50, and 52 through 59 of Carlsbad
Tract No. 76-03, La Costa Vale Unit No. 4, in the City of Carlsbad, County of San Diego,
State of California, according to map thereof No. 8583, filed in the Office of the County
Recorder of San Diego County, May 25, 1977, more particularly described as follows:
An easement for irrigation and landscape maintenance purposes dedicated per Carlsbad
Tract 76-03, La Costa Vale Unit No. 4, in the City of Carlsbad, County of San Diego,
State of California, according to map thereof No. 8583, filed in the Office of the County
Recorder of San Diego County, May 25, 1977.
EXHIBIT "B"
LEGEND:
EASEMENT FOR IRRIGATION & LANDSCAPE MAINTENANCE PURPOSES DEDICATED PER
CARLSBAD TRACT NO. 76-3 (LA COSTA VALE UNIT NO. 4) PER MAP NO. 8583
10' PUBLIC UTILITY & TREE PLANTING EASEMENT DEDICATED ON CARLSBAD TRACT
NO. 72-20 (LA COSTA VALE UNIT NO. 3) PER MAP NO. 7950
APPLICANT: CITY OF CARLSBAD SHEET 1 OF 3
PROJECT NAME
VACATION OF EASEMENTS
FRONTING PREVIOUS RANCHO SANTA FE RD.
PROJECT
NUMBER
PR07-36
DRAW BY: SCOTT EVANS, CARLSBAD ENGINEERING MPT. 3/26/07 C \DEVELOPUENT PROJEClS\PR\fR07-36.0WG
55 r^ 55EXHIBIT B
LEGEND:
EASEMENT FOR IRRIGATION & LANDSCAPE MAINTENANCE PURPOSES DEDICATED PER
CARLSBAD TRACT NO. 76-3 (LA COSTA VALE UNIT NO. 4) PER MAP NO. 8583
W PUBLIC UTILITY & TREE PLANTING EASEMENT DEDICATED ON CARLSBAD TRACT
NO. 72-20 (LA COSTA VALE UNIT NO. 3) PER MAP NO. 7950
APPLICANT: CITY OF CARLSBAD SHEET 2 OF 3
PROJECT NAME
VACATION OF EASEMENTS
FRONTING PREVIOUS RANCHO SANTA FE RD.
PROJECT
NUMBER
PR07-36
DRAW BY: SCOW EVANS, CARLSBAD ENGINEERING DEPT. 3/26/07 C: \DEVQOPAJENT PROJECTS\PR\PR07~36.DHG
EXHIBIT "B
LEGEND:
EASEMENT FOR IRRIGATION & LANDSCAPE MAINTENANCE PURPOSES DEDICATED PER
CARLSBAD TRACT NO. 76-3 (LA COSTA VALE UNIT NO. 4) PER MAP NO. 8583
10' PUBLIC UTILITY & TREE PLANTING EASEMENT DEDICATED ON CARLSBAD TRACT
NO. 72-20 (LA COSTA VALE UNIT NO. 3) PER MAP NO. 7950
APPLICANT: CITY OF CARLSBAD SHEET 3 OF 3
PROJECT NAME
VACATION OF EASEMENTS
FRONTING PREVIOUS RANCHO SANTA FE RD.
PROJECT
NUMBER
PR07-36
DRAW BY: SCOTT EVANS. CARLSBAD ENGINEERING DEPT. 3/26/07 C: \PEVELOPMENT PROJECTS\f>R\PR07-X.DWG
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
I, Sherry Freisinger, Deputy 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. 2007-087: SUMMARILY VACATING ON
LOTS 28-31. 41. 48-50. AND 52-59 OF CT 76-03 AN IRRIGATION AND
LANDSCAPE MAINTENANCE EASEMENT AS DEDICATED PER CT 76-03.
COUNTY MAP NO. 8583. AND SUMMARILY VACATING ON LOTS 28-31. 40. 41.
48-50. 52-59. AND 89-100 OF CT 76-03. COUNTY MAP NO. 8583. A PUBLIC
UTILITY AND TREE PLANTING EASEMENT AS DEDICATED ON CT 72-20.
MAP NO. 7950 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 24th day of April,
2007
IERRY FREJSINGER
)EPUTY CI
(SEAL)
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