HomeMy WebLinkAbout2007-12-18; City Council; 19258; Public Drainage Easement of APN 205-051-08CITY OF CARLSBAD - AGENDA BILL
19,258AB#
MTG. 12/18/07
DEPT.ENG
SUMMARILY VACATING A
PUBLIC DRAINAGE EASEMENT OVER
A PORTION OF APN 205-051-08
PR 07-117
DEPT. HEAD
CITY ATTY.v,
CITY MGR. UtA
RECOMMENDED ACTION:
Adopt Resolution No. 2007-319
portion of APN 205-051-08, PR 07-117.
ITEM EXPLANATION:
summarily vacating a public drainage easement over a
On August 23, 2002, a drainage easement was granted to the City of Carlsbad for the maintenance of
a drainage facility installed over a portion of APN 205-051-08 located at 3265 Highland Drive. Since
then, as part of a City Capital Improvement Project, a permanent drainage system located within the
public right-of-way has replaced the original drainage facility. The original drainage facility has been
abandoned in-place and has been capped over with soil. This drainage easement is no longer being
used for its intended purpose, hence, the easement may be vacated as a service easement in
accordance with the applicable sections of the California Streets and Highways Code.
The property owner, Carol Pearson, is requesting the City vacate this easement. Based on staff's
review, the City no longer needs this easement for the purpose it was needed, 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, Carol Pearson.
ENVIRONMENTAL IMPACT:
The Planning Director has determined this activity is exempt from California Environmental Quality Act
(CEQA) review per CEQA Section 15061(b) 3.
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. Being associated with a City Capital
Improvement Project, the standard fee for processing this vacation has been waived by the City
Engineer.
EXHIBITS:
1.
2.
Location Map.
Resolution No.2007-319 summarily vacating a public drainage easement over a
portion of APN 205-051-08, PR 07-117.
DEPARTMENT CONTACT: David Hauser 760-602-2739 dhaus@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WITHDRAWN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
1
RESOLUTION NO. 2007-319
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PUBLIC
DRAINAGE EASEMENT OVER A PORTION OF APN 205-051-08,
4 PR 07-117.
5 WHEREAS, the property owner, Carol Pearson, has submitted a request to vacate
6 an existing public drainage easement recorded as document no. 2002-0717026 on August 23,
7 2002 in the Office of the County Recorder of San Diego County; and
WHEREAS, said easement is defined as a 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.
1R0 2. That the public drainage easement recorded as document no. 2002-0717026 on
17 August 23, 2002 in the Office of the County Recorder of San Diego County that is more particularly
18 described in Exhibit A and shown for the sake of clarity in Exhibit B is summarily vacated per
. Q Sections 8335 and 8336 of the California Streets and Highways Code.i y
3. That the City Clerk is directed to record this resolution, the attached legal20
descriptions and plats 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.
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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.
L0RRAI
(jBEAL)
M. WOOD, City 01$k' 4_
EXHIBIT "A"
PUBLIC DRAINAGE EASEMENT
APN 205-051-08
THAT PORTION OF LOT 18 OF PATTERSON'S ADDITION TO THE TOWN OF
CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 565, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22, 1888,
DESCRIBED AS FOLLOWS:
THE SOUTHEASTERLY 15 FEET OF THE NORTHEASTERLY 15 FEET OF
THE FOLLOWING PARCEL "A":
PARCEL "A"
BEGINNING AT THE MOST WESTERLY CORNER OF LOT 16 OF SAID
PATTERSON'S ADDITION; THENCE NORTH 55°27' EAST, ALONG THE
SOUTHEASTERLY LINE OF PINE AVENUE, AS SHOWN ON SAID MAP NO.
565, A DISTANCE OF 244.74 FEET; THENCE SOUTH 34°33' EAST, 160 FEET;
THENCE NORTH 55°27' EAST, PARALLEL WITH THE SOUTHEASTERLY
LINE OF SAID PINE AVENUE, 150 FEET TO A POINT HEREIN IDENTIFIED
AS POINT "A"; THENCE CONTINUING NORTH 55°27' EAST 204.31 FEET,
MORE OR LESS, TO THE WESTERLY LINE OF HIGHLAND STREET;
THENCE SOUTH 24°32' EAST, ALONG SAID HIGHLAND STREET, 67 FEET
TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 55°27' WEST, TO AN
INTERSECTION WITH A LINE BEARING SOUTH 34°33' EAST FROM THE
ABOVE MENTIONED POINT "A"; THENCE SOUTH 34°33' EAST, 99.78 FEET,
MORE OR LESS, TO THE NORTHWESTERLY CORNER OF THE LAND
CONVEYED TO J. BLAIR PACE, ET UX., BY DEED RECORDED DECEMBER
29, 1952 AS DOCUMENT NO. 158762 IN BOOK 4692, PAGE 146 OF
OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY LINE OF SAID
LAND, NORTH 55°27' EAST, 175.06 FEET, MORE OR LESS, TO THE
WESTERLY LINE OF HIGHLAND STREET, THENCE NORTH 24°32' WEST,
ALONG SAID WESTERLY LINE TO THE TRUE POINT OF BEGINNING.
SCALE T = 100'
EXHIBIT A SHEET 1
PUBLIC DRAINAGE EASEMENT
3265 HIGHLAND DR.
PR 02-64
APN 205-051-08
PUBLIC DRAINAGE EASEMENT
POINT 'A'
PARCEL'/
APN 205-051-08
3265 HIGHLAND DR
EXHIBIT "B1
PUBLIC DRAINAGE EASEMENT
3265 HIGHLAND DR.
PR 02-64
APN 205-051-08
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. 2007-319. SUMMARILY VACATING A PUBLIC
DRAINAGE EASEMENT OVER A PORTION OF APN 205-051-08. PR 07-117. 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/HREISING:JDEPUTYCLERK
(SEAL)
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