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Home My WebLink About2007-12-18; City Council; 19255; Vacating Sewer and Access Easement APN 209-060-10CITY OF CARLSBAD - AGENDA BILL AB# 19,255 MTG. 12/18/07 DEPT. ENG SUMMARILY VACATING A PUBLIC SEWER AND ACCESS EASEMENT OVER A PORTION OF APN 209-060-10 (PR 07-96) DEPT. HEAD* \^rr^5 CITY ATTY. ^t£^ CITY MGR. \/J- RECOMMENDED ACTION: Adopt Resolution No. 2007-316 summarily vacating a public sewer and access easement over a portion of APN 209-060-10. ITEM EXPLANATION: On July 17, 2007, an easement was granted to the City of Carlsbad for public sewer and access purposes over a portion of APN 209-060-10. During construction the proposed sewer was realigned. As a result of the realignment, the applicant has granted a public sewer and access easement (PR 07- 96) that replaces the original easement. Staff is processing the replacement easement for recordation. The property owner, Rancho Carlsbad Partners, a California general partnership, is requesting the City vacate the original easement. Based on staffs review, the City no longer needs this easement for the purpose it was dedicated, nor will it be needed in the future. 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 requested by the property owner, Rancho Carlsbad Partners, a California general partnership. ENVIRONMENTAL IMPACT: The activity is exempt from California Environmental Quality Act (CEQA) review per CEQA Section 15061(b)3. FISCAL IMPACT: The easement was 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. 2007-316 summarily vacating a public sewer and access easement over a portion of APN 209-060-10, PR 07-96. DEPARTMENT CONTACT: Jeremy Riddle 760-602-2737 iridd@.ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D D D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER-SEE MINUTES D LOCATION MAP NOT TO SCALE CITY OF OCEANSIDC HIGHWAY SITE VICINITY MAP NOT TO SCALE PROJECT NAME SUMMARILY VACATING A PUBLIC SEWER AND ACCESS EASEMENT OVER A PORTION OFAPN 209-060-10 PROJECT NUMBER PR07-96 EXHIBIT 1 DRAWN BY: SCOTT EVANS. CARLSBAD ENGINEERING DEPT. 11/21/07 C:\DEVELOPMENTPROJECTS\PR\PR07-96.DWG 1 RESOLUTION NO. 2007-316 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PUBLIC SEWER AND ACCESS EASEMENT OVER A PORTION OF 4 APN 209-060-10. PR 07-96. 5 WHEREAS, Rancho Carlsbad Partners, a California general partnership has submitted 6 a request to vacate an existing public sewer and access easement recorded as document 7 no. 2007-0479013 recorded July 17, 2007; and WHEREAS, said easement is defined as public service easement per Section 8306 of8 the California Streets and Highways Code; and 9 WHEREAS, this easement has been superseded by relocation; and 10 WHEREAS, said easement is no longer utilized for the purpose for which it was granted 11 and is not now, nor is it contemplated to be needed in the future; and 12 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public .. o interest to vacate said easement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,14 California, as follows: 15 1. That the above recitations are true and correct. 16 2. That the public sewer and access easement recorded as document no. 17 2007-0479013, recorded July 17, 2007, that is more particularly described in Exhibit A and shown 18 for the sake of clarity in Exhibit B, is summarily vacated per Sections 8335 and 8336 of the 1Q California Streets and Highways Code. 3. That the City Clerk is directed to record this resolution, the attached legal 20 description and plat in the Office of the County Recorder of San Diego County. 21 4. That upon recordation of this Resolution at the County Recorders, this easement 22 no longer constitutes a public service easement. 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 18th day of December, 2007, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. OJDE A LEWIS, Mayor ATTEST: August 22, 2007 J.N.: 05-1155 PAGE 1 OF 1 EXHIBIT "A" LEGAL DESCRIPTION QUITCLAIM SEWER EASEMENT PR 07-96 THE EASEMENT FOR PUBLIC SEWER AND ACCESS PURPOSES, GRANTED TO THE CITY OF CARLSBAD, RECORDED JULY 17, 2007 AS DOCUMENT NO. 2007-0479013 OF OFFICIAL RECORDS. O:\Legal_Descriptions\051155\Sewer Quitclaim.Igl.doc EASEMENT DA $$ 1 2 J 4 5 6 7 a 9 w11 12 11 BEARING N 19?3'00"E N 0614'51" W N 13'32'35"E N 55-59'51'E N 2r49'0r E S62W53" E S 27-49'Or W S 55W51* W S 13'32'35" W S0614'51"E S W23'00" W N 64V2'22' W u 7/rv)'ia* ui RADIUS TA LENGTH 22.11' 33.70' 211.05' 229.07" 6.99' 20.00' 12.01' 226.32' 199.80' 34.76' 27.88' 10.53' Q KA' APN 209-060-10 SWCOR. PARCEL D ADJ. PLAT 05-14 LEGEND: P.O.B. T.P.O.B. POINT OF BEGINNING TRUE POINT OF BEGINNING AREA OF QUITCLAIM BASIS OF BEARINGS: EAST LINE OF RECORD OF SURVEY 17348, /.£ N20'20'08"E PORTION OF PARCEL D, ADJ. PLAT 05-14 RECORDED 3-27-07 ASFILE NO. 2007-0205890. 'II SDGAEESMT U&^BK 7787 PG 75 1,1 RFC. 7-23-59 60' WIDE ROADWAY ESMT BOOK 7771, PAGE 15 0/R REC. 7-15-59 PARCEL D AD J PLAT NO, 06-14 WASJEWAJER PIPELINE EASEMENT PER DOC. 2001-0221300 REC. APRIL 11, 2001 SEWER EASEUENT QUITCLAIM Mn*» ocvnvp O'DAY / / R.C.E. 32014 EXP.12/31/08 EXHIBIT "B PR 07-96 APN 206-060-10 VTOMTY MAP MO sate SHEET 1 OF 1 SHEETS CONSULT T S 2710 Laker Av«. W. Suite 100 Carlsbad, CA 92010 760-931-7700 Fax: 760-931-8680 G:\051155\0555PEMT-QUITCLAIM.dwg Oct 10, 2007 11:53am Xrefs: 0555MAP; 0555MAP-PLAT 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. 2007-316. SUMMARILY VACATING A PUBLIC SEWER AND ACCESS EASEMENT OVER A PORTION OF APN 209-060-10. PR 07-96. 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 19th day of December, 2007. SHERRY FREISINGER/S /DEPUTrCLERK (SEAL)