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Home My WebLink About2007-07-10; City Council; 19062; Vacation of easement for relinquishmentCITY OF CARLSBAD - AGENDA BILL AB# ! 9,062 MTG. 7/10/07 DEPT. ENG SUMMARY VACATION OF AN EASEMENT FOR RELINQUISHMENT OF ACCESS RIGHTS FROM PARCEL 2 OF MAP 19958 INTO EL FUERTE STREET (PR 07-35, CUP 06-11) BTEOT' •" DEPT. HEAD £jf J~ CITYATTY. tf$^, CITYMGR."~VM> ^ RECOMMENDED ACTION: Adopt Resolution No. 2007-163 summarily vacating an easement for relinquishment of access rights from Parcel 2 of Map 19958 (MS 04-19A) into El Fuerte Street. ITEM EXPLANATION: The developer of the proposed Pacific Ridge School is requesting vacation of an existing easement for relinquishment of access rights within Parcel 2 of MS 04-19A adjacent to El Fuerte Street. The existing easement for relinquishment of access rights was dedicated to and accepted by the City on Map No. 14600 pursuant to a condition of approval for Carlsbad Tract No. 00-06 (CT 00-06). The easement was required to ensure compliance with 600 feet minimum spacing between intersections along El Fuerte Street pursuant to the City of Carlsbad Street Design Criteria. As part of the approval process for the Pacific Ridge School project (CUP 06-11), a right turn lane was required on the westerly side of El Fuerte Street adjacent to Parcel 2 of MS 04-19A to accommodate school traffic. The conditions of approval for the Pacific Ridge School (CUP 06-11) require 1) additional street dedication to accommodate the right turn lane; 2) dedication of a replacement relinquishment of access easement along the new right-of-way boundary; and, 3) vacation of the existing relinquishment of access easement along the existing right-of-way boundary. The required new right-of-way was dedicated per Document No. 2007-0403830 recorded on June 14, 2007. The replacement relinquishment of access easement was provided per Document No. 2007 0403831 recorded June 14, 2007. With the replacement easements provided as per the conditions of approval for CUP 06-11, there is no longer a need for the original easement created per CT 00-06. 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 DENIED CONTINUED WITHDRAWN AMENDED D/nnnn CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES Dn D 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. 2007-163 summarily vacating an easement for relinquishment of access rights from Parcel 2 of Map 19958 (MS 04-19A) into El Fuerte Street. 3. Legal description and plat. DEPARTMENT CONTACT: Tecla Levy, (760) 602-2733, tlevy@ci.carlsbad.ca.us LOCATION MAP NOT TO SCALE SITE VICINITY MAP NOT TO SCALE PROJECT NAME PACIFIC RIDGE SCHOOL RELINQUISHMENT OF ACCESS RIGHTS EASEMENT PROJECT NUMBER PR07-3& EXHIBIT 1 DRAM BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 6/21/07 C: \DEVELOPUENT PROJECTS\PR\PR07-35.DWG 1 RESOLUTION NO. 2007-163 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUMMARILY VACATING AN . EASEMENT FOR RELINQUISHMENT OF ACCESS RIGHTS FROM PARCEL 2 OF MAP 19958 INTO EL FUERTE STREET, 5 (PR 07-35. CUP 06-11). WHEREAS, an easement for relinquishment of access rights into El Fuerte Street was created over lot 13 of Map No. 14600 pursuant to a condition of approval for Carlsbad Tract No. 00-06 (CT 00-06); and 8 WHEREAS, said easement is defined as public easement per section 8306 of the g California Streets and Highways Code; and 10 WHEREAS, City Council approved MS 04-19A, subdividing said lot 13 of Map No. 11 14600 into Parcels 1, 2, 3, and 4 of Map No. 19958; and 12 WHEREAS, Planning Commission approved Conditional Use Permit No. 06-01 (CUP 06-01) for the proposed Pacific Ridge School pursuant to Resolution No. 6222 dated I O January 3, 2007; and 14 WHEREAS, condition 48 of Resolution No. 6222 requires the owner to dedicate to the 15 City public road right-of-way necessary to accommodate a proposed right turn pocket at the northern entrance within Parcel 2 of MS 04-19A for the proposed Pacific Ridge School site, 17 as shown on the development site plan for CUP 06-01; and WHEREAS, condition 49 of Resolution No. 6222 requires the owner to dedicate to the City new relinquishment of access rights easement within Parcel 2 of MS 04-19A adjacent to the19 new public road right-of way; and 20 WHEREAS, condition 45 of Resolution No. 6222 requires the owner to vacate the 21 existing relinquishment of access rights adjacent to Parcel 2 and within the new dedication of public road right-of-way; and 23 WHEREAS, new public right-of-way per condition 48 of Resolution No. 6222 was 24 dedicated per Document No. 2007-0403830, recorded on June 14, 2007; and WHEREAS, new Relinquishment of Access Rights easement per condition 49 of Resolution No. 6222 was dedicated per Document No. 2007-0403831, recorded on June 14, 2007;26 and 27 WHEREAS, the utility companies have no facilities within the area to be vacated. 28 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 2 California, as follows: _ 1. That the above recitations are true and correct. 2. That pursuant to Section 8335 and 8336 of California Streets and Highways4 Code, said easement for relinquishment of access rights from Parcel 2 of Map 19958 (MS 04-19A) 5 into El Fuerte Street more particularly described in Exhibit A, and shown for the sake of clarity in C Exhibit B, be summarily vacated. ' 3. The City Clerk is directed to record this resolution in the Office of the County 8 Recorder of San Diego County. 9 4. From the date the resolution is recorded in the County Recorder's office, the area vacated no longer constitutes a relinquishment of access easement. 11 '" III12 13 14 /// 15 /// 16 /// 17 /// 18 /// 19 '" III 20 21 22^ /// 23 /// 24 /// 25 /// 26 '" 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 10th day of July, 2007, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. CLAUDE A LtWIS/Mayor /ORRAWE M. WO /(SEAL) W 3 EXHIBIT "A" LEGAL DESCRIPTION FOR VACATION OF ACCESS RIGHTS RELINQUISHED IN AND TO A PORTION OF EL FUERTE STREET PR 07-35 BEING A PORTION OF THE WESTERLY RIGHT-OF-WAY LINE OF EL FUERTE STREET, COINCIDENT WITH A PORTION OF THE EASTERLY BOUNDARY LINE OF PARCEL 2 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 ON MARCH 27, 2006, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 2; SAID CORNER ALSO BEING IN THE WESTERLY RIGHT-OF-WAY OF SAID EL FUERTE STREET; THENCE NORTHERLY ALONG THE EASTERLY BOUNDARY LINE OF SAID PARCEL 2 AND THE WESTERLY RIGHT-OF-WAY OF SAID EL FUERTE STREET, NORTH 05°51'45" EAST 203.43 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE INTERSECTION WITH THE MOST NORTHERLY CORNER OF THAT CERTAIN GENERAL UTILITY AND ACCESS EASEMENT AS GRANTED AND SHOWN ON SAID PARCEL MAP NO. 19958; THENCE CONTINUING, NORTH 05°51'45" EAST 136.10 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 628.00 FEET; THENCE NORTHERLY, 53.39 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°52'15" TO THE POINT OF TERMINUS. BY: / >> U^JWC C . /^0**^ DATE: RONALD E. ROTH, PLS 5506 (EXPIRES 09-30-08) EXHIBIT 'B' CARLSBAD TRACT CT 00-05 MAP NO, 14800 LOT 19 LEGAL DESCRIPTION: BEING A PORTION OF PARCEL 2 OF CITY OF CARLSBAD MS 04-19A ACCORDING TO PARCEL MAP NO. 19958. BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS PLAT IS A PORTION OF THE EASTERLY LINE OF PARCEL 2 PER PM 19958 N05'5r45"E INDICATES PORTION OF ACCESS RIGHTS IN AND TO EL FUERTE STREET PER MAP NO. 14600 VACATED HEREON. INDICATES TRUE POINT OF BEGINNING INDICATES POINT OF COMMENCEMENT INDICATES POINT OF TERMINUS INDICATES RADIAL TRACTCAR CT 00-08 MAP NO, 14800 LOT 20 PROJECT DESIGN CONSULTANTS Planning I Landscape Architecture I Environmental I Engineering | Survey £ TOIBSttMtSutoaOO 61&23&6471 T« SanDfego,CA 82101 819^34.0348 F« RONALD £ ROTH LICENSE EXPIRES 9/30/2008 ACCESS RIGHT RELINQUISHMENT VACATION CITY OF CARLSBAD DATE PR 07-35 SHEET1 OF2 APPLICANT: PRS Acquisition & Constr. 12750 High Bluff Drive, Suite 200 San Diego, CA 92130 P: \JJJ6\MAPPING\PLA TS\3336_PA 13_ACCESS-RELINQ-ABANDON.dwQ Apr 23, 2007 EXHIBIT *B' CARLSBAD TRACT CT 00-08 MAP NO, 14800 LOT 19 R=20.00' MS \Q4-19 PM \19958 EXISTING GENERAL UTILITY & ACCESS EASEMENT PER PM 19958 PCL 1 T.P.O.B, EXISTING GENERAL UTILITY & ACCESS EASEMENT PER PM 19958 ACCESS RIGHT REUNQUISHUEHT VACATION CITY OF CARLSBAD PR 07-35 SHEET 2 OF 2 APPLICANT: PRS Acquisition A Constr. 2750 High Bluff Drive, Suite 200 Son Diego, CA 92130 P: \ JJJ6\UAPPtNG\PLATS\3336_PA 13_ACC£SS-R£LINQ-ABANDON.dwq M 03, 2007