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Home My WebLink About2007-09-25; City Council; 19177; Summary easement vacations4 CITY OF CARLSBAD - AGENDA BILL AB# 19,177 MTG. 9/25/07 DEPT. ENG SUMMARY VACATION OF A PUBLIC WATER AND STORM DRAIN EASEMENT AT 3965 MONROE STREET AND 4001 AND 4015 SUNNYHILL DRIVE PR 07-44 DEPT. HEAD CITYATTY. CITY MGR. I/S RECOMMENDED ACTION: Adopt Resolution No. 2007-252 summarily vacating a water pipeline and storm drain easement at 3965 Monroe Street and 4001 and 4015 Sunnyhill Drive. ITEM EXPLANATION: The property owners of 4015 Sunnyhill Drive, Thomas and Wendy Sears, are requesting an easement vacation for water pipeline, storm drain and appurtenant structures. The requested vacation overlaps a portion of 3965 Monroe Street (Parcel 1 of Map No. 11302), 4001 Sunnyhill Drive (Parcel 2 of Map No. 11302) and 4015 Sunnyhill Drive (Parcel 2 of Map No. 14442). The easement was reserved by the City Council when the underlying portion of Alder Avenue was vacated in 1972. Landscaping and a private driveway serving several single-family homes currently traverse the easement. An active public water line traverses the easement to be vacated. A separate utility easement was dedicated for this pipe in 1973. This utility easement will not be vacated as a part of this request. No other utilities exist within the easement to be vacated nor does the City anticipate needing this easement for utilities in the future. All City departments that may have an interest in said easement have been informed of the requested vacation. None of the departments have objections to the vacation. Since there are no objections to the vacation, no utilities exist within the easement that are not already covered by a separate easement and no future need for a storm drain or water pipe is anticipated, staff is recommending that the Council approve the easement vacation requested by Thomas and Wendy Sears. ENVIRONMENTAL IMPACT: The activity is exempt from California Environmental Quality Act (CFQA) review per CEQA Section 15061(b)3 as it can be seen with certainty that approving the street vacation will not have a significant effect on the environment in that the vacation will not physically alter the site. 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. Approval of the vacation will result in approximately 8,521 square feet of land to be returned to the tax rolls. The owner has paid the standard fee for processing this vacation. EXHIBITS: 1. Location Map. 2. Resolution No. 2007-252 summarily vacating a water pipeline and storm drain easement at 3965 Monroe Street and 4001 and 4015 Sunnyhill Drive back to the underlying owners. DEPARTMENT CONTACT: David Rick, (760) 602-2781, drick@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY _j 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 LOCATION MAP SITE VICINITY MAP NOT TOSCALE NOT TO SCALE PROJECT NAME SEARS VACATION PROJECT NUMBER PR07-44 EXHIBIT 1 DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 8/22/07 C: \DEVELOPUENT PROJECTS\PR\PR07-44.DWG 1 RESOLUTION NO. 2007-252 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, VACATING A WATER PIPELINE AND STORM DRAIN EASEMENT AT 3965 MONROE STREET 4 AND 4001 AND 4015 SUNNYHILL DRIVE. 5 WHEREAS, Thomas R. Sears and Wendy R. Sears, husband and wife as joint tenants, 6 have submitted a request to summarily vacate a water pipeline and storm drain easement on 7 property at 3965 Monroe Street and 4001 and 4015 Sunnyhill Drive; and 8 WHEREAS, said water pipeline and storm drain easement is defined as a public service 9 easement per Section 8306 of the California Streets and Highways Code; and 10 WHEREAS, said public service easement has not been used for the purpose for which 11 they were acquired for five consecutive years and are not now, nor are they contemplated to be, 12 needed for water pipeline or storm drain facility purposes in the future; and 13 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public 14 interest to summarily vacate said public service easement. 15 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 16 California, as follows: 17 1. That the above recitations are true and correct. 18 2. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and 19 Highway Code, said public service easement, more particularly described in Exhibit A and shown 20 for the sake of clarity in Exhibit B, shall be summarily vacated. 21 3. The City Clerk is directed to record this resolution, the attached legal description 22 and plat in the Office of the County Recorder of San Diego County. 23 4. From the date the resolution is recorded in the County Recorder's office, the area 24 vacated no longer constitutes a public service easement. 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 25th day of September, 2007, by the following vote to wit: AYES: Council Members Lewis, Hall and Packard and Nygaard. NOES: None. ABSENT: None. LjbRRAINB'lyi. WOODCJfcity£$r& ((SEAL) w ^:'— PR 07-44 EXHIBIT "A" AN EASEMENT AND RIGHTS AT ANY TIME, OR FROM TIME TO TIME, TO CONSTRUCT, MAINTAIN, OPERATE, REPLACE, REMOVE, AND RENEW WATER PIPELINES, STORM DRAINS AND APPURTENANT STRUCTURES OVER THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF ALDER AVENUE VACATED BY CITY OF CARLSBAD RESOLUTION NO. 2008, IN THE CITY OF CARLSBAD, STATE OF CALIFORNIA, ACCORDING TO FILE/PAGE 131071, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 24, 1972, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF LOT E, AS SHOWN ON CARLSBAD MANOR, UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6503, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 14, 1969; THENCE NORTH 26°11'00" EAST ALONG THE WESTERLY BOUNDARY OF ALDER AVENUE A DISTANCE OF 159.44 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 16°07'31" A DISTANCE OF 7.04 FEET TO A POINT THROUGH WHICH A RADIAL LINE BEARS SOUTH 79°56'31" EAST; THENCE SOUTH 8°49'00" EAST 185.61 FEET TO A POINT ON THE ARC OF A 25.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 81°11'00" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 145°00'00" A DISTANCE OF 63.27 FEET TO A POINT OF TANGENCY; THENCE NORTH 63°49'00" WEST ALONG THE SOUTHERLY BOUNDARY OF ALDER AVENUE A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 8,521 SQ. FT. PLUS OR MINUS JN07-228 PR 07-44 EXHIBIT "B" PARCEL 1 PARCEL MAP NO. 0302 A.P.N. 207-061-17 D = 16*07'31' S 79*56'31' E P.O.B. THE NORTHWEST CORNER LOT E PARCEL 2 PARCEL MAP NO. 11302 A.P.N. 207-061-24 PLAT PREPARED BY: QUICK SURVEY 1017 EUCALYPTUS WOODS RD. SAN MACROS, CA. 92069 (760) 525-0694 OFFICE (760)47U518FAX MICHAEL THOMPSON, P.L/S. 5706 DATE CITY OF CARLSBAD WATER PIPELINE & STORM DRAIN EASEMENT VACATION 4015 SUNNYHILL DRIVE CARLSBAD, CA. 92008 FILE/PAGE NO. 131071, BOOK 1972, REC. 5/24/72 PLAT PREPARED FOR: TOM SEARS 1387 CYNTHIA LANE CARLSBAD, CA 92008 CELL: (760) 390-5952 FAX: (760)720-9682 JN 07-228 A.P.N. 207-061-54 RECORD OF SURVEY NO. 18767 P.M. NO. 14442 T.B.1106-H6 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. 2007-252. VACATING A WATER PIPELINE AND STORM DRAIN EASEMENT AT 3965 MONROE STREET AND 4001 AND 4015 SUNNYHILL DRIVE 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 26th day of September, 2007. IERRY FHEISINGEI )EPUTY CLERK (SEAL)