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
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RESOLUTION NO. 2007-296
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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
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WITH SDG&E FOR AVENIDA SOLEDAD.
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WHEREAS, Real Estate Collateral Management Company, a Delaware corporation has
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submitted a final map known as CT 06-06, Villages of La Costa Oaks North, to the City of
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Carlsbad for approval; and
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WHEREAS, the tentative map of CT 06-06 with conditions, was approved by
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Planning Commission on April 4, 2007 per PC Resolution No. 6268; and
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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
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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
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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.
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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.
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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
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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):.
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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
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