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HomeMy WebLinkAbout2007-10-09; City Council; 19197; Summarily Vacate Public Utility EasementCITY OF CARLSBAD - AGENDA BILL AB# 19,197 MTG. 10/09/07 DEPT. ENG SUMMARILY VACATE A PORTION OF PUBLIC UTILITY EASEMENT ACROSS LOT 1 OF MAP NO. 15332 (STV 07-03, CT 03-02) 11 "Bnrar DEPT. HEAD ^-^ CITY ATTY. <g>^ CITY MGR. summarily vacating a portion of public utility easement across RECOMMENDED ACTION: Adopt Resolution No. 2007-269 Lot 1 of Map No. 15332. ITEM EXPLANATION: The developer of the proposed Carlsbad Ranch Hotel and Timeshare Resort is requesting vacation of a portion of public utility easement over Lot 1 of the Carlsbad Ranch Hotel and Timeshare Resort located on the south side of Cannon Road north of existing LEGOLAND and Hidden Valley Road. The public utility easement was dedicated to and accepted by the City on Map No. 15332 pursuant to conditions of approval for Carlsbad Tract 03-02. The easement follows the alignment of a proposed water line that has been relocated. During the construction process for the Carlsbad Ranch Hotel and Timeshare Resort project, the developer requested modification of the pool and hotel to accommodate the needs of construction, access and grading. The Engineering and Planning Departments found the proposed change in substantial conformance with the original approved plans which require the vacation of a portion of the existing public utility easement. Dedication of replacement easement along the relocated water line has been provided and will be extended with the phase 2 Final Map. With the necessary easements provided and the water line realigned, there is no longer a need for a portion of the original easement created per Map No. 15332. 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 FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED J D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D Page 2 FISCAL IMPACT: The easement was granted to the City for a no fee cost acquisition and the City will vacate the portion of 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. 2007-269 summarily vacating a portion of public utility easement across Lot 1 of Map No. 15332. 3. Legal description and plat. DEPARTMENT CONTACT: Clyde Wickham, (760) 602-2742, cwick@ci.carlsbad.ca.us LOCATION MAP AGUA HEDIONDA LAGOON CITY OF OCEANSIDE HIGHWAY VICINITY MAP NOT TO SCALE SITE NOT TO SCALE PROJECT NAME VACATION OF A PUBLIC UTILITY EASEMENT PROJECT NUMBER STV07-03 EXHIBIT 1 DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 9/24/07 C; \DEVELOPUENT PROJECTS\STV\STV07-03.DWG 17 27 28 Map No. 15332 (CT 03-02); and WHEREAS, said easement is defined as public easement per section 8306 of the California Streets and Highways Code; and 1 RESOLUTION NO. 2007-269 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PORTION OF PUBLIC UTILITY EASEMENT ACROSS LOT 1 OF MAP NO. 15332 (STV 07-03. CT 03-02). WHEREAS, a general utility and access easement was created over portions of Lot 1 by e" 7 8n WHEREAS, Planning Commission approved Carlsbad Tract 03-02 (CT 03-02) for they proposed Carlsbad Ranch Hotel and Timeshare Resort pursuant to Resolution No. 5686 dated 10 September 1, 2004; and 11 " 12 13 n pool and hotel which requires the owner to vacate a portion of the existing public utility easement14 within Lot 1 of CT 03-02; and 15 WHEREAS, new public utility easements per condition 53 of Resolution No. 5686 have 16" WHEREAS, condition 53 of Resolution No. 5686 requires the owner to dedicate to the City an easement for public utility as shown on the Tentative Map; and WHEREAS, Engineering and Planning Departments have approved a relocation of the been dedicated or will be dedicated with the next phase of development; and WHEREAS, the affected utility companies have been notified and no facilities are within 18 the area to be vacated. 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 Section 8335 and 8336 of California Streets and Highways Code, said public utility easement more particularly described in Exhibit A, and shown for the sake of clarity in Exhibit B, be summarily vacated. 22 23 ii 3. The City Clerk is directed to record this resolution in the Office of the County Recorder of San Diego County. 25 4. From the date the resolution is recorded in the County Recorder's office, the area 26 "vacated no longer constitutes a public utility easement. Ill III 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 9th day of October, 2007, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall and Packard. NOES: None. ABSENT: Nygaard. ATTEST: E M. WOOfo, City Clerk U EXHIBIT "A" LEGAL DESCRIPTION VACATION OF PUBLIC UTILITY EASEMENT STV 07-03 THAT PORTION OF A 20.00 FOOT WIDE PUBLIC UTILITY EASEMENT DEDICATED TO THE CITY OF CARLSBAD ON CITY OF CARLSBAD TRACT NO. 03-02, MAP NO. 15332 RECORDED MAY 3, 2006 AS FILE NO. 2006-031184 OF OFFICIAL RECORDS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS AND ILLUSTRATED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF: COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF LOT 12 AND THE NORTHWESTERLY LINE OF LOT 1 AS SHOWN ON SAID MAP, SAID POINT ALSO LYING ON A 353.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 61°59'41" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE AND ALONG SAID EASTERLY LINE OF LOT 12 THROUGH A CENTRAL ANGLE OF 29°14'20", AN ARC LENGTH OF 180.14 FEET TO THE BEGINNING OF A 410.00 FOOT RADIUS REVERSE CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 32°45'21" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°32'29", AN ARC LENGTH OF 118.37 FEET TO THE TRUE POINT OF BEGINNING; A RADIAL TO SAID POINT BEARS NORTH 49°17'50" EAST; THENCE CONTINUING SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°47'43", AN ARC LENGTH OF 20.00 FEET TO THE SOUTHERLY LINE OF SAID EASEMENT, A RADIAL TO SAID POINT BEARS NORTH 52°05'33" EAST; THENCE LEAVING SAID EASTERLY LINE OF LOT 12 ALONG SAID SOUTHERLY LINE NORTH 50°22'17" EAST A DISTANCE OF 22.69 FEET; THENCE NORTH 59°28'55" EAST A DISTANCE OF 152.17 FEET; THENCE SOUTH 30°31'05" EAST A DISTANCE OF 4.93 FEET; THENCE SOUTH 75°31'05" EAST A DISTANCE OF 27.51 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 59°28'55" EAST A DISTANCE OF 20.00 FEET TO A POINT ON THE NORTHERLY LINE OF SAID EASEMENT; THENCE ALONG SAID NORTHERLY LINE NORTH 30°31'05" WEST A DISTANCE OF 8.28 FEET; THENCE NORTH 75°31'05" WEST A DISTANCE OF 27.51 FEET; THENCE NORTH 30°31'05" WEST A DISTANCE OF 25.36 FEET; THENCE SOUTH 59°28'55" WEST A DISTANCE OF 20.00 FEET; THENCE SOUTH 30°31'05" EAST A DISTANCE OF 8.71 FEET; THENCE SOUTH 59°28'55" WEST A DISTANCE OF 153.77 FEET; THENCE SOUTH 50°22'17" WEST A DISTANCE OF 24.17 FEET TO THE TRUE POINT OF BEGINNING. X''-." SAID PORTION OF LAND CONTAINS 4,749.58 SQUARE FEET. / // / / 1*1 &L VICINITY MAP CITY Or OCEANSIDE HIGHWA GRAND PACIFIC DRIVE S/7E PACIFIC OCEAN V CITY OF ENCINITAS N59'28'55"E 20.00' N30-31'05'W 8.28' N75-31'05"W- 27.51' /^ *3I S59'28'55HW 20.00' E SCALE 1"=JO' SJO'JI'05'E 8.71 LEGEND PORTION OF EXISTING PUBLIC UTILITY EASEMENT TO BE VACATED UTILITY EASEMENT PER MAt NJ2'45'21 CURVE TABLE NO. C1 C2 CJ DELTA 29f4'20" 16'32'29" 02'47'43" RADIUS 353.00' 410.00' 410.00' LENGTH 180.14' 118.37' 20.00' TRUE POINT OF BEGINNING EXCEL ENGINEERING 440 STATE PLACE ESCONDIDd CA 92Q& PHONE (760) 745-8U8 POINT OF- COMMENCEMENT VACATION OF PUBLIC UTILITY EASEMENT STV 07-03 0 APPLICANT/OWNER GRAND PACIFIC RESORTS, INC. 5900 PASTEUR COURT, SUITE 200 CARLSBAD, CA 92008 (760) 431-8500 CONTACT: TIM STRIPE EXHIBIT B MCHAEL D. LEVIN LS. 6896 DATE EXP. 6/30/07 SHT 1 OF 1 SHTS APN: 211-130-01 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. 2007-269. SUMMARILY VACATING A PORTION OF PUBLIC UTILITY EASEMENT ACROSS LOT 1 OF MAP NO. 15332 (STV 07-03. CT 03-02) 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 10th day of oOctober, 2007. CRRY 'DEPUTY (SEAL) ISINGER /T iERK (j