HomeMy WebLinkAbout2007-07-10; City Council; 19061; Vacate General Utility EasementCITY OF CARLSBAD - AGENDA BILL
AB# 19,061
MTG. 7/10/07
DEPT. ENG
SUMMARILY VACATE A GENERAL UTILITY EASEMENT
ACROSS PARCELS 2, 3, AND 4 OF PARCEL MAP 19958
(PR 07-01, CUP 06-11)
DEPT. HEAD'W^-J^
CITY ATTY. X^£
CITY MGR. <"3>O— , -~SsriL-
RECOMMENDED ACTION:
Adopt Resolution No. 2007-162 summarily vacating a general utility and access easement
across Parcels 2, 3, and 4 of Parcel Map 19958.
ITEM EXPLANATION:
The developer of the proposed Pacific Ridge School is requesting vacation of a general utility and
access easement over portions of Planning Area 13 of the Bressi Ranch Master plan located on the
west side of El Fuerte Street north of Poinsettia Lane and south of Gateway Road. The general utility
and access easement was dedicated to and accepted by the City on Parcel Map No. 19958 pursuant
to a condition of approval for Minor Subdivision 04-19A (MS 04-19A). The easement follows the
alignment of a proposed private street established to serve the utility and access needs of lots 2, 3
and 4 created by MS 04-19A. The easement provided for two points of access into the development,
from El Fuerte Street to the north and Palmetto Street to the south.
As part of the approval process for the Pacific Ridge School project, the private road alignment and
access points were revised to accommodate the needs of the proposed school and adjacent property
owners. The conditions of approval for the Pacific Ridge School (CUP 06-11) require the vacation of
portions of the existing general utility and access easement and dedication of replacement easements
along the revised route of the private street. The replacement easements have been provided per
Document No. 2007-0327620 and Document No. 2007-0327621 recorded May 14, 2007. With the
replacement easements provided per the conditions of approval for CUP 06-11, there is no longer a
need for the original easement created per MS 04-19A.
There are no existing City of Carlsbad or franchise utilities located within the existing easement.
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 Sections 8335 and 8336 of the
California Streets and Highways Code, staff is recommending that the Council approve this vacation.
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 0
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
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. Location Map.
2. Resolution No. 2007-162 summarily vacating a general utility and access easement
across Parcels 2, 3, and 4 recorded on Parcel Map 19958.
3. Legal description and plat.
DEPARTMENT CONTACT: Tecla Levy, (760) 602-2733, tlevy@ci.carlsbad.ca.us
LOCATION MAP
NOT TO SCALE
CITY OF OCEAMSIDE
HIGHWAY •>»
SITE
VICINITY
MAP
NOT TO
SCALE
PROJECT NAME
QUA EASEMENT VACATION
PROJECT
NUMBER
PR07-01
EXHIBIT
1
DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 6/18/07 C:\DEVELOPUENT PROJECTS\PR\PR07-01.DWG
1
RESOLUTION NO. 2007-162
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
d CARLSBAD, CALIFORNIA, SUMMARILY VACATING A
GENERAL UTILITY EASEMENT ACROSS PARCELS 2, 3, AND 4
OF MS 04-19A. MAP 19958 (PR 07-01. CUP 06-11).
5 WHEREAS, a general utility and access easement was created over portions of
6 Parcels 2, 3, and 4 by Parcel Map No. 19958 (MS 04-19A); and
7 WHEREAS, said easement is defined as public easement per section 8306 of the
o California Streets and Highways Code; and
WHEREAS, Planning Commission approved Conditional Use Permit No. 06-11
9
(CUP 06-11) for the proposed Pacific Ridge School pursuant to Resolution No. 6222 dated
January 3, 2007; and
11 WHEREAS, condition 46 of Resolution No. 6222 requires the owner to dedicate to the
12 City a replacement general utility and access easement along the new alignment of the proposed
13 private road serving Parcels 2, 3, and 4 of MS 04-19A, including the proposed Pacific Ridge
School site, as shown on the development site plan for CUP 06-11; and14
WHEREAS, condition 44 of Resolution No. 6222 requires the owner to vacate the
existing general utility and access easement within Parcels 2, 3, and 4 of MS 04-19A; and
16 WHEREAS, new general utility and access easements per condition 46 of
17 Resolution No. 6222 have been dedicated per Document No. 2007-0327620 and Document No.
1 Q 2007-0327621, recorded on May 14, 2007; and
WHEREAS, the utility companies have no facilities within the area to be vacated.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
20 California, as follows:
21 1. That the above recitations are true and correct.
22 2. That pursuant to Section 8335 and 8336 of California Streets and Highways
23 Code, said general utility and access 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
25 Recorder of San Diego County.
OC 4. From the date the resolution is recorded in the County Recorder's office, the area
27 vacated no longer constitutes a general utility and access easement except the area that was
28 re-dedicated per Document No. 2007-0327620 and Document No. 2007-0327621.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 10th day of July, 2007, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
\1JE\AfiS7 Mayor
ATTEST:
UORRAINBM. WOODiSity CMfc
/[SEAL.)
EXHIBIT "A"
LEGAL DESCRIPTION
FOR
EASEMENT VACATION
PR 07-01
ALL OF THAT PORTION OF THE GENERAL UTILITY AND ACCESS EASEMENT
LYING WITHIN PARCEL 2, 3 AND 4 OF CITY OF CARLSBAD MS 04-19A, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
ACCORDING TO PARCEL MAP THEREOF NO. 19958 FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 27, 2006, VACATED.
RONALD E. ROTH, LS 5506
(MY LICENSE EXPIRES 09/30/2008)
DATED: Of
EXHIBIT *B'
LEGAL DESCRIPTION:
BEING PORTIONS OF PARCELS 2, J AND 4 OF PARCEL
MAP 11958
BASIS OF BEARINGS:
THE BASIS OF BEARINGS FOR THIS PLAT IS A PORTION
OF THE EASTERLY LINE OF PARCEL 2 PER PM 19958
i.e. N05'51'45"E
LEGEND:
P.O.C.
T.P.O.B.
(PRO)
(R)
INDICATES AREA OF EASEMENT VACATION
1.142 ACRES, MORE OR LESS
INDICATES POINT OF COMMENCEMENT
INDICATES TRUE POINT OF BEGINNING
INDICATES POINT OF REVERSE CURVE
INDICATES RADIAL
EXPIRES 9-30-3? , ,
' *
RONALD E. ROTH
LICENSE EXPIRES 9/30/2008
DATE
PROJECT DESIGN CONSULTANTS
Planning I Landscape Architecture I Environmental I Engineering I Survey
701BStra«,Suito800
619.236.6471 Tfl
EASEMENT VACATION - CITY OF CARLSBAD
SmDfegaCA 92101
PR 07-01
SWEET/ OF3
APPLICANT:
PRS Acquisition & Constr.
12750 High Bluff Drive,
Suite 200
San Diego, CA 921 JO
NO.
C1
C2
C3
DELTA
08'44'13"
24-25 "33"
19-26'34"
NO.
L1
12
L3
L4
L5
L6
17
RADIUS
139.00'
30.00'
20.00'
BEARING
NOS'SI^S'E
N75'24'02"W(R)
N17V6'19"W
N48m27'02"E
N25V6'20"E
N40'27'02"W
NOS'SI^S'E
LENGTH
21.20'
12.79'
6.79'
LENGTH
19.99'
4.00'
9.53'
13.38'
8.83'
9.86'
16.83'
SEE "DETAILA=76?531
R=135.00'
L=180.07'
/6=87-21'36"
R=105.00'
L=160.10
17 2
A=32"20'20
R= 108.00'
L=60.96'
A=32?020
R=144.00'
L=81.28'SE COR.
PCL. 2N26?8'35"W
35.16'!
A=34'36'59"
R= 132.00'
£=79.75'
N26-28'35"W 31.43'
&=34'3659
R=96.00'
L=58.00'
PJVJ 19958
~N22'39'55T(R~?
N89'2023
36
CARLSBAD TRACT CT 00-05
MAP NO, 14600
LOT 20
SEE SHEET 3 OF 3
PCL / /' 4
EASEMENT VACATION - CITY OF CARLSBAD PR 07-01
SHEET20F3
APPLICANT:
PRS Acquisition & Constr.
12750 High Bluff Drive,
Suite 200
Son Diego, CA 92130
EXHIBIT 'B'
/
PCL 3
SEE SHEET 2 OF 3
/ I 36.31'
N89"20'23"W 418.
PJVJ 19953
N15'28'50°E(R)
^
PALMETTO
CARLSBAD TRACT
CT 00-05
MAP NO, 14500
LOT 20
NO.
C1
C2
CJ
C4
C5
DELTA
ini'55"
207'31 '32"
W15'41"
46'54'51"
W12'17"
RADIUS
132.00'
48.00'
48.00'
48.00'
628.00'
LENGTH
25.80'
173.86'
8.60'
39.30'
111.85'
EASEMENT VACATION - C/TY OF CARLSBAD PR 07-01
SHEET30F3
APPLICANT:
PRS Acquisition A Constr.
12750 High Bluff Drive,
Suite 200
Son Diego, CA 92130