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HomeMy WebLinkAbout2007-11-20; City Council; 19231; Approving Final Map for CT 06-06 Villages of La Costa Oaks North and Authorizing Execution of Joint Use Agreement with SDG&E for Avenida SoledadCITY OF CARLSBAD - AGENDA BILL AB# 19,231 MTG. 11/20/07 DEPT. ENG APPROVING THE FINAL MAP FOR CT 06-06, VILLAGES OF LA COSTA OAKS NORTH AND AUTHORIZING EXECUTION OF A JOINT USE AGREEMENT WITH SDG&E FOR AVENIDA SOLEDAD DEPT. HEAD CITY ATTY. CITY MGR. [y --- RECOMMENDED ACTION: Adopt Resolution No. 2007-296 approving the final map for CT 06-06, Villages of La Costa Oaks North and authorizing execution of a joint use agreement with SDG&E for Avenida Soledad. ITEM EXPLANATION: Engineering staff has completed checking the final map of CT 06-06, known as La Costa Oaks North. This subdivision is within Local Facilities Management Plan (LFMP) 11 and is generally located east of Rancho Santa Fe Road at the terminus of Avenida Soledad. The project proposes a total of 49 lots. The lots consist of 43 residential dwelling lots, 3 private driveway lots, and 3 open space lots all on 13.76 acres. No future discretionary permits are required prior to building permits. The final map conforms substantially with the tentative map as approved by the Planning Commission on April 4, 2007 per PC Resolution No. 6268. The final map also conforms to the General Plan, and all the applicable requirements of the Municipal Code, City Standards, and Growth Management Plan. The applicant, Real Estate Collateral Management Company, a Delaware corporation, is requesting the recordation of said final map. Pursuant to condition 38 of Planning Commission Resolution No. 6268, a Joint Use Agreement with SDG&E is required for the construction of Avenida Soledad over the existing SDG&E easement as shown on the approved Tentative Map. In the past, the City and SDG&E have entered into similar agreements when City facilities cross SDG&E easements. This agreement satisfies the condition of approval, therefore, staff recommends approval of this agreement. ENVIRONMENTAL IMPACT: The approval of a final subdivision map and the joint use agreement is a ministerial project and is exempt from the requirements of CEQA pursuant to Section 15268 of the State CEQA Guidelines. FISCAL IMPACT: The developer paid a plan check fee to cover the expense of plan checking and processing the final map for recording. All other processing and development impact fees required to be paid prior to final map approval have been paid. Additional processing and development impact fees will be paid, as appropriate, if and when building permits are issued for this project. EXHIBITS: 1. Location Map. 2. Resolution No. 2007-296 approving the final map for CT 06-06, Villages of La Costa Oaks North and authorizing execution of a joint use agreement with SDG&E for Avenida Soledad. 3. Joint Use Agreement for Avenida Soledad. DEPARTMENT CONTACT: Jeremy Riddle, (760) 602-2737, jridd@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED ft" CONTINUED TO DATE SPECIFIC D DENIED ET CONTINUED TO DATE UNKNOWN D CONTINUED D RETURNED TO STAFF D WITHDRAWN D OTHER-SEE MINUTES D AMENDED D LOCATION MAP NOT TO SCALE ELIJO RD, SITE VICINITY MAP NOT TO SCALE PROJECT NAME VILLAGES OF LA COSTA OAKS NORTH NEIGHBORHOOD 3.7 PROJECT NUMBER CT06-06 EXHIBIT 1 DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 10/17/07 C:\DEVELOPUENTPROJECTS\CT\CT06-06.DWG 1 RESOLUTION NO. 2007-296 2 23 24 26 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE FINAL MAP FOR CT 06-06, VILLAGES OF LA COSTA OAKS NORTH AND AUTHORIZING THE EXECUTION OF A JOINT USE AGREEMENT 3 4 n WITH SDG&E FOR AVENIDA SOLEDAD. 5 WHEREAS, Real Estate Collateral Management Company, a Delaware corporation has 6 submitted a final map known as CT 06-06, Villages of La Costa Oaks North, to the City of 7 Carlsbad for approval; and 8 WHEREAS, the tentative map of CT 06-06 with conditions, was approved by 9 Planning Commission on April 4, 2007 per PC Resolution No. 6268; and 10 WHEREAS, the City Engineer has determined that said map substantially conforms to11 said conditionally approved tentative map; and WHEREAS, the conditions of approval for said final map have been completed or I sJ secured; and14 WHEREAS, the developer has offered public easements for dedication to the City of15 Carlsbad; and16 WHEREAS, the developer is proposing to abandon those easements, as indicated on the final map, in accordance with Section 66499.20 1/2 of the Subdivision Map Act; and1o WHEREAS, the final map conforms to the City of Carlsbad General Plan and all _0 requirements of City Codes and Standards; and WHEREAS, a Joint Use Agreement with SDG&E shall be processed pursuant to f+f^nr\ittr\m 22 21 condition 38 of PC Resolution 6268. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 25 1. That the above recitations are true and correct. 2. That said final map known as CT 06-06, Villages of La Costa Oaks North, which is on file with the City Engineer and is incorporated herein by reference, is accepted. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 3. That the City accepts the dedications shown on the final map. 4. That the City hereby abandons those easements, as indicated on the final map, per Section 66499.20 Vz of the Subdivision Map Act. 5. That the City Clerk is authorized to sign the Certificate of Acceptance on the final map. 6. That the City Clerk is authorized to cause the original final map to be recorded in the Office of the County Recorder of San Diego County, State of California. 7. That the City Clerk is authorized to release the final map to Chicago Title Company for recording in the Office of the County Recorder. 8. That the Joint Use Agreement between the City of Carlsbad and San Diego Gas & Electric Company, which are attached hereto and incorporated herein by reference are hereby approved and the Mayor is authorized and directed to execute said Agreement. 9. That the City Clerk is authorized to forward said executed Joint Use Agreement to the Office of the County Recorder for recordation. 15 17 I /// 18 /// 19 | /// 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 20th day of November, 2007, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard, and Nygaard NOES: None ABSENT: None LEWlSfMayor ATTEST: LORRAINE 4W /JLV^I , City Clefk ECC-RDf.O AT THE REQUEST OF CH.CAGO TITLE COWSF&NY SUBDIVISION DEPT.7*78 Recording Requested by: City of Carlsbad When recorded, mail to: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Also mail a conformed copy to: San Diego Gas & Electric Company 8335 Century Park Court, CP1 ID San Diego, CA 92123 Attn: Jeff Sykes, CP1 ID DOC# 2007-0750675 DEC 03, 2007 3:15 PM OFFICIAL RE CORDS SAN DIEGO COLIN TV RECORDER'S OFFICE GREGORY,! SMITH. COUNTY RECORDER FEES: 26.00 PAGES: 7 APN No.: 223-810-13 SPACE ABOVE FOR RECORDER'S USE Project ID: CT 06-06 Project Name: La Costa Oaks North. Neighborhood 3.7 THE UNDERSIGNED DECLARES CONSIDERATION IS LESS THAN $100 AND TRANSFER TAX IS NONE. JOINT USE AGREEMENT THIS AGREEMENT is dated //»jco7 ("Agreement") and is entered into by and between SAN DIEGO GAS & ELECTRIC COMPANY ("SDG&E"), a California corporation, and THE CITY OF CARLSBAD ("CITY"), a municipal corporation, regarding the following facts: A. SDG&E is engaged in the business of transmitting and distributing gas and electricity within the City of Carlsbad, County of San Diego, State of California, and has facilities for such purposes located in, upon, over, under, and across certain easement granted to SDG&E per document Recorded October 20, 1958 in Book 7307, Page 304 of Official Records ("SDG&E Easement 451 14"); and B. CITY is now acquiring or has acquired, easements for public street purposes in, upon, over and across the real property described in Exhibit "A", which is attached hereto and by this reference made a part hereof. City intends to construct, operate and maintain a dedicated public street the location of which is shown on Exhibit "B" attached hereto and made a part hereof. The location of the proposed SDGE JOINT USE AGREEMENT Carlsbad 1 l-05-07.doc 7379 street will traverse the SDG&E Easement. The portion of the proposed street that will traverse the SDG&E Easement shall be referenced to in this Agreement as the "Property"; and C. The street dedication referred hereto is shown on City Drawing NO.DWG 451-8 . a copy of which is on file in the office of the City Engineer of the City of Carlsbad; and D. CITY and SDG&E desire to provide for the joint use of the area in common to both the SDG&E easement and right-of-way and the CITY's dedicated street right-of-way for the construction, operation, and maintenance of both parties' facilities in, over, under, and across the aforesaid common area. NOW THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, the parties hereby agree as follows: In lieu of dedication, SDG&E hereby consents to a public street being constructed and maintained over, upon and across that portion of SDG&E's easement for the proposed public street subject to the following: (a) If the future use or alteration of the Property by the CITY for streets, or any other public improvement whatsoever, requires the rearrangement, relocation or reconstruction of any of SDG&E's facilities or requires the acquisition of additional property easements, or both, the rearrangement, relocation or reconstruction of the facilities shall be performed by SDG&E, or by any other party with the consent of SDG&E, but at the sole cost and expense of the CITY. (b) If SDG&E's future use of its easement or the Property requires the rearrangement, relocation, or reconstruction of the CITY's public improvements on the Property, the same shall be performed by SDG&E, or by any other party with the consent of SDG&E, at SDG&E's sole cost and expense. (c) No use of the Property by either SDG&E or the City shall permanently interrupt the use or operation of the other party's facilities; uses of the Property by either party which temporarily interfere with the other party's use will be made only when reasonably necessary and will be terminated as soon as the necessity no longer exists. -2- 7380 (d) SDG&E retains the right to review and approve the specific locations of all facilities on the Property to avoid conflicts with existing and future SDG&E facilities. Such approvals shall be granted by SDG&E's "Letter of Permission for Grading and Construction of Improvements" and those approvals shall not be unreasonably withheld. The City Engineer shall have the authority to execute all necessary and appropriate documents to carry out the intent of this paragraph. (e) If the CITY hereafter vacates, in whole or in part, the Property, the CITY shall, in the vacation proceedings, reserve to SDG&E all rights owned by SDG&E prior to the execution of this Agreement. (f) Except as expressly herein set forth, this Agreement shall not in any way alter, modify, or terminate any of SDG&E's rights in the Property. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date set forth above. SAN DIEGO GAS & ELECTRIC CO., a California Corporation Bv: JeffSykes, Land Management Supervisor DRAWN BY: DATE: R/WNO.: A.P.N.: M. Williams November 5, 2007 45114 223-810-13 EXECUTED by the CITY this day of 7l<rn-t.mkiA*^ 2007 CITY a Muni O SBAD, fLorrahfe B. Wocfl) City Clerk PROVED as to form and legality this day of Y\6*trKkut^ , 2007. By: Ronald R. Ball, City Attorney -3- 7381 EXHIBIT "A" LEGAL DESCRIPTION JOINT USE AGREEMENT ALL OF THAT PORTION OF AVENIDA SOLEDAD AS SHOWN AND DEDICATED ON CITY OF CARLSBAD TRACT NO 06-06, LA COSTA OAKS NORTH, NEIGHBORHOOD 3.7, ACCORDING TO MAP THEREOF NO. /S^*? . IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ENCUMBERED AND BURDENED BY THAT CERTAIN 150.00 FOOT WIDE EASEMENT IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY ACCORDING TO DOCUMENT RECORDED OCTOBER 20, 1958, IN BOOK 7307, PAGE 304, OF OFFICIAL RECORDS. APN: 223-810-13 DAVID W. AMBLER L.S. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. :HE M:\2352\178\Legal Descriptions\A03 Avenida SOGE - JUA.doc WO 2352-61 10/24/07 7382 EXHIBIT "B"SHEET 1 OF 1 100 150 AVENIDA SOLEDAD DEDICATED PER MAP NO. 15318. MAP SCALE 1 =50 OT 207 EXIST. 20' WIDE TREE TRIMMING RIGHT EXIST. 20' WIDE TREE TRIMMING RIGHT PER PROPOSED STREET PER CITY OF CARLSBAD TRACT NO. 06-06 LA COSTA OAKS NORTH - NEIGH. 3.7 MAP NO. /JTM3 AN EASEMENT TO SAN DIEGO GAS & ELECTRIC PER DOCUMENT RECORDED OCTOBER 20, 1958 IN BOOK 7307, PAGE 304 OF OFFICIAL RECORDS. HUNSAKER & ASSOCIATES SAN DIECOL INC DAVID W. AMBLER EXP. 12/31/07 LS. 7322 FLANMNG 10179 Huenwfccm St Suite 200 ENGINEERING San Ditto, Ci 92121 SURVEYING PH(tl9)558-»500-FX(619)558-1414 R:\0712\AUap\EP SOGE JUA SHT OO.DWG WO. 2X2-178 CITY OF CARLSBAD JOINT USE AGREEMENT WITH SAN DIEGO GAS & ELECTRIC PORTION OF LOT 206 MAP NO. 15318 APN: 223-810-13 7383 STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS' On officer), appeared . before me Colleen Fino. Notary Public (name, title of o personally known to me proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature 7384 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On ///<30/f3OOf) before me, I Bate personally appeared L^ltiude f\. /Q . f-f&sin <t r AJQ k*« rLk /<c. .g^, "JangDoe, NotNan^and Title of Officer (e.g^Notary Public") Name(s) of Signer(s) Notary Public - San W«go [^personally known to me D (or proved to me on the basis of satisfactory evidence) to be the person(£) whose nameCd) is/are subscribed to the within instrument and acknowledged to me that he/sb^/thgfy executed the same in his/ryzff/thj£ir authorized capacityOe^), and that by his/h/r/thdr signature^ on the instrument the person^), or the entity upon behalf of which the person(^ acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signati OPTIONAL vLuThough the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document^; ^ ,„ _.. Title or Type of Document: Wd//7/-^&. UiAJLi'rnitn+ -£T Q(*-0^,^6i. Document Date: // /3o 16 ~) Number of Pages: Signer(s) Other Than Named Above: //. /U.t</Lt>0rhe>acl £ 1 Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: ^ Signer Is Representing; ;orporate Officer — Title(s):. ~ D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here