HomeMy WebLinkAbout2008-10-14; City Council; 19606; Public Sewer Easement Over Carlsbad Oaks NorthCITY OF CARLSBAD - AGENDA BILL
AB# 196Q6
MTG. 10/14/08
DEPT. ENG
SUMMARILY VACATE A PUBLIC SEWER EASEMENT
OVER LOT 2 OF CARLSBAD OAKS NORTH,
CT97-13, PR 08-23
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DEPT. HEAD
CITY ATTY.
CITY MGR.
RT3
*££-
its —
RECOMMENDED ACTION:
Adopt Resolution No. 2008-287 to summarily vacate a Public Sewer Easement over Lot 2 of
Carlsbad Oaks North, CT 97-13, PR 08-23.
ITEM EXPLANATION:
Ted Tchang, President of Techbilt Construction, owner of Lot 2 Carlsbad Tract 97-13, according to Map
thereof 14926, located southwest of the intersection of El Fuerte Street and Faraday Avenue, has
requested vacation of a 20' wide Sewer Easement across Lot 2 that was offered and accepted for
dedication on Map No. 14926.
Section 66477 of the Government Code of the State of California provides that an offer of dedication can
be summarily vacated as prescribed by the State of California Streets and Highways Code.
Staff has concluded that the easement is not required for present or future use. The vacation would not
affect sewer service to the city or adjacent development because additional facilities and sewer lines have
been constructed to serve Lot 2 and the subdivision. The requested vacation is considered minor, and is
consistent with local and state requirements for abandonment.
The City's sewer utility division has been notified of the proposed easement vacation. No objections have
been received.
ENVIRONMENTAL IMPACT:
The activity is exempt from California Environmental Quality Act (CEQA) review per CEQA
Section 15061(b)3 as it can be seen with certainty that approving the public sewer easement vacation will
not have a significant effect on the environment in that the vacation will not physically alter the site.
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. Approval of the vacation will result in approximately 24,016
square feet of land to be returned to the tax rolls. The owner has paid the standard fee for processing this
vacation.
EXHIBITS:
1. Location Map.
2. Resolution No. 2008-287 to summarily vacate a Public Sewer Easement over lot 2 of
Carlsbad Oaks North, CT 97-13, PR 08-23
DEPARTMENT CONTACT: Clyde Wickham, (760) 602-2742, cwick@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
D
Dn
D
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
D
D
D
D
LOCATION MAP
NOT TO SCALE
PROJECT NAME
VACATION OF SEWER EASEMENT
OVERLOT20FCT97-13
PROJECT
NUMBER
PR08-23
EXHIBIT
1
DRAW BY: SCOTT EVANS. CARLSBAD 0O/EEBNG DEPT. 9/10/08 C \DEVELOPUCNT PROJEClS\f^\fR08-23.DWG
Z
1 RESOLUTION NO. 2008-287
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A PUBLIC
3 SEWER EASEMENT OVER LOT 2 OF CT 97-13. PR 08-23.
4 WHEREAS, Ted Tchang, President of Techbilt Construction, has submitted a request to
5 vacate a public sewer easement over Lot 2 of Carlsbad Tract 97-13, in the City of Carlsbad,
g County of San Diego, State of California, according to map thereof No. 14926, filed in the Office of
7 the County Recorder of San Diego County, December 15, 2004; and
WHEREAS, The offer of dedication is defined as a "public service easement" per8
Section 8306 of the California Streets and Highways Code; and
9
WHEREAS, the easement to be vacated is excess right-of-way not required for sewer
10
purposes; and
WHEREAS, this vacation is made pursuant to Section 8335 of the California Streets and
12 Highways Code; and
^3 WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and
14 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
15 interest to vacate said easement.
-16 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
,|7 California, as follows:
1. That the above recitations are true and correct.
2. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets andi y
Highway Code, said excess right-of-way as shown as 20' wide sewer easement across lot 2 of
20
Map No. 14926 more particularly described in Exhibit A and shown for the sake of clarity in Exhibit
21 B, shall be summarily vacated.
22 3. The City Clerk is directed to record this resolution, the attached legal description
23 and plat in the Office of the County Recorder of San Diego County.
24 4. That upon recordation of this resolution at the County Recorders Office, this
25 easement no longer constitutes a public service easement.
26 ///
27 ///
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 14th day of October, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
, Mayor
ATTEST:
September 22, 2008
J.N. 961005-03
PAGE 1 OF 1
EXHIBIT XA'
VACATION OF EASEMENT
APN 209-121-01
LEGAL DESCRIPTION
THE 20 FOOT SEWER EASEMENT AS OFFERED FOR DEDICATION OVER A
PORTION OF LOT 2 OF CARLSBAD TRACT NO. 97-13, ACCORDING TO
MAP THEREOF 14926, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA RECORDED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 15, 2004 AS
FILE NO. 2004-1180065 OF OFFICIAL RECORDS.
O:\Legal_Descriptions\961005\VISTA SWR2A Quitclaim.Igl.doc
oo
OOOOCM
BASIS OF BEARINGS
A SOUTH LINE OF LOT 2
OF MAP No. 14926
I.E. N 80'35'51"E
LEGAL DESCRIPTION
LOT 2, MAP No. 14926
REC. 12/15/2004
LEGEND
EXISTING LOT LINE PER MAP No. 14926
STREET CENTERLINE
— EXIST. EASEMENT
\7777777\ QUITCLAIM SEWER EASEMENTOFFER OF DEDICATION
15 WIDE EASEMENT TO
THE CITY OF CARLSBAD
REC. JUNE 4, 1982 AS
F/N 82-171547, O.R.
VACATION OF20
EASEMENT OFFER
EXIST. 10 WIDE
PRIVATE DRAINAGE
EASEMENT
N88-50-43E V-
175-98
L=192.64'
CITY OF OCEANSIDE
SITE
CONSUL TA'NTS
2710 LOKER AVE. W. 760-931-7700
SUITE 100 FAX:
CARLSBAD, CA 760-931-8680
92010
SCALE: 1" = 200'
PACIFIC
OCEAN
CITY OF ENCINITAS
VACATION OF SEWER EASEMENT VICINITY MAP
OFEEROFDEDICA TION N0 SCALE
APPLICANT/OWNER
TECH CONTRACTORS
3575 KENYON ST., STE.
SAN DIEGO, CA 92110
(619) 223-1663
20CT
EXHIBIT
TIMOTHY OTTXRROLL, JR.
LS. 7700 EXP. 12/31/08
SHT. / OF / SHTS.
A.P.N. 209-121-01
l:\961005\9605AP01.dwq Sep 29, 2008 10:+loi
Xrels; 9605AP_; 9605AMAP