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Home My WebLink About2008-11-04; City Council; 19624; Slope Easement along Poinsettia LaneCITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 19,624 11/4/08 ENG SUMMARILY VACATE A PORTION OF A SLOPE EASEMENT ALONG POINSETTIA LANE OVER PORTION OF LOT 14 OF MAP NO. 14625, PR 08-39 DEPT.HEAD f<L'f5 CITY ATTY. (£&*" CITY MGR. (j^ RECOMMENDED ACTION: Adopt Resolution No. 2008-299 to summarily vacate a portion of a slope easement along Poinsettia Lane over a portion of Lot 14 of Map No. 14625, PR 08-39. ITEM EXPLANATION: In accordance with City Council Resolution No. 2001-346, City Council authorized the acquisition of public easements to construct Poinsettia Lane. One of these easements is a slope easement as dedicated per document no. 2002-0166066, recorded January 27, 2002. This easement allowed the City to grade slopes for improving Poinsettia Lane, City Project 3673. As part of the easement acquisition for this road, the City paid the property owner for these easements, including this slope easement. Following Poinsettia Lane construction, adjacent grading was performed for the Redeemer by the Sea project (Project). This grading resulted in smaller slope areas along Poinsettia Lane. A portion of the slope easement now extends beyond the slope and into the developable pad areas of the Project. The property owner, Redeemer by the Sea Lutheran Church of Carlsbad, has requested the City vacate a portion of the slope easement. Staff has reviewed their request and agrees that a portion of the slope easement is no longer needed for its intended purpose. Since the City acquired this slope easement at a cost, the property owner is responsible to pay the City the value of the easement. The property owner has deposited a payment for the value of the easement. This slope easement qualifies as a service easement per section 8306 of the California Streets and Highways Code. Therefore, this slope easement may be summarily vacated. Staff has concluded that the portion of the slope easement, as shown in the attached legal description, is not required for present or future use and recommends approval of this easement vacation. ENVIRONMENTAL IMPACT: This 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 easement vacation will not have a significant effect on the environment in that the vacation will not physically alter the site. FISCAL IMPACT: The owner has paid the standard processing fee for this vacation. The City paid a fee for this easement, therefore, the property owner is required to pay the City for the value of the easement. As part the original easement acquisition, the City paid $.23/SF for the slope easement. The property owner is requesting the City vacate 11,377 square feet (SF) of the slope easement. This City therefore paid $2,616.71 for the slope easement in 2002. As a cost index adjustment, a factor of 1.3072 was calculated using the Engineering News Record figures from 2002 to 2008. This results in an easement value of $3,420. The property owner has deposited a payment for this amount. EXHIBITS: 1. Location Map. 2. Resolution No. 2008-299 to summarily vacate a portion of a slope easement along Poinsettia Lane over a portion of Lot 14 of Map No. 14625, PR 08-39. DEPARTMENT CONTACT: Jeremy Riddle, (760) 602-2737, iridd(o!ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY COUNCIL ACTION:APPROVED DENIED CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D LOCATION MAP CAMh Cro/A/SETT NOT 70 SCALE VICINITY MAP NOT TO SCALE PROJECT NAME VACATION OF A STREET SLOPE EASEMENT PROJECT NUMBER PR08-39 EXHIBIT 1 DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 10/01/08 C:\DfVtLOPMENr PROJECTS\PR\PR08-39.DWG 9 10 11 12 19 20 21 22 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A PORTION 3 OF A SLOPE EASEMENT ALONG POINSETTIA LANE OVER A PORTION OF LOT 14 OF MAP NO. 14625. PR 08-39. 4 WHEREAS, Redeemer by the Sea Lutheran Church of Carlsbad, has submitted a 5 request to vacate a portion of a slope easement along Poinsettia Lane over a portion of Lot 14 of 6 Map No. 14625 (Property); and WHEREAS, this slope easement was dedicated per document no. 2002-0166066 8 recorded January 27, 2002 to extend Poinsettia Lane improvements; and RESOLUTION NO. 2008-299 WHEREAS, Poinsettia Lane improvements have been constructed by the City along this Property; and WHEREAS, this slope easement qualifies as a public service easement per Section 8306 of the California Streets and Highways Code; and ._ WHEREAS, a portion of this slope easement no longer encompasses slopes and is no longer required for it's intended purpose and is not required for present or future use; and14 WHEREAS, this the City paid for the slope easement and using cost adjustments, the 15 current value of the portion of the slope easement is $3,420; and 16 WHEREAS, the property has deposited a payment of $3,420 for the value of the easement; and 18 WHEREAS, the vacation of this easement is consistent with the General Plan of the City of Carlsbad; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest to vacate said easement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 23 California, as follows: 1. That the above recitations are true and correct. 2. That the property owner has submitted a payment of $3,420 representing the25 value of the portion of the slope easement being summarily vacated. 26 27 28 1 3. That the Finance Director is directed to accept the payment of $3,420 from the 2 property owner representing the value of the portion of the slope easement being summarily 3 vacated. 4. That a portion of the slope easement recorded as document no. 2002-0166066,4 recorded January 27, 2002 in the Office of the County Recorder of San Diego County that is moreo particularly described in Exhibit A and shown for the sake of clarity in Exhibit B is summarily 6 vacated per Sections 8335 and 8336 of the California Streets and Highways Code. 7 5. The City Clerk is directed to record this resolution, the attached legal description Q and plat in the Office of the County Recorder of San Diego County. 9 6. That upon recordation of this resolution at the County Recorders Office, the 10 portion of this slope easement is summarily vacated. 11 /// 12 /// 13 /// 14 /// 15 /// 16 /// 17 /// 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 4th day of November, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. .ORRA/NE M. W '(SEAU, 08-032 7/1/08 EXHIBIT 'A' LEGAL DESCRIPTION FOR SLOPE EASEMENT QUITCLAIM THAT PORTION OF LOT 14, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14625, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 9, 2003, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EASTERNMOST CORNER OF SAID LOT 14, SAID POINT ALSO BEING THE NORTHERNMOST POINT OF THE EASTERN PROPERTY LINE BEARING NORTH 00°50'09" WEST, SAID LINE ALSO BEING THE WESTERLY RIGHT-OF-WAY OF-FISHERMAN DRIVE; THENCE SOUTH ON SAID PROPERTY LINE 1. SOUTH 00°50'09" EAST 16.93 FEET; 2. NORTH 89°39'36" WEST 304.72 FEET THENCE LEAVING SAID EASTERLY PROPERTY LINE ALONG THE SOUTHERLY LINE OF EXISTING PUBLIC STREET SLOPE EASEMENT RECORDED JANUARY 27, 2002 AS FILE NO. 2002-0166066 OF OFFICIAL RECORDS; THENCE CONTINUING ALONG SAID SOUTHERLY LINE 3. NORTH 82°55'02" WEST 322.50 FEET;THENCE LEAVING SAID SOUTHERLY LINE 4. NORTH 9°42'52" WEST 8.48 FEET;THENCE 5. SOUTH 87°36'57" EAST 158.92 FEET;THENCE 6. SOUTH 71 °42'51" EAST 63.50 FEET;THENCE 7. NORTH 88°28'04" EAST 176.93 FEET;THENCE 8. SOUTH 76°09'52" EAST 44.68 FEET;THENCE 9. NORTH 86°10'57" EAST 55.96 FEET;THENCE 10. SOUTH 89°01'30" EAST 130.68 FEET TO THE BEGINNING OF A 25.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, SAID CURVE ALSO BEING ON THE EASTERLY PROPERTY LINE OF SAID LOT 14, A RADIAL TO SAID POINT BEARS NORTH 84°35'00" EAST; THENCE ALONG SAID CURVE 10. SOUTHERLY 2.02 FEET THROUGH A CENTRAL ANGLE OF 4°37'45" TO THE POINT OF BEGINNING. CONTAINS 11,377 SQUARE FEET, MORE OR LESS. Q8032.LGL.DOC EXHIBIT SCALE: 1'=100' 0' 50' 100' DESG. U 12 L3 L4 L5 16 17 IB L9 L10 L11 BEARING NOO'50"09"W N89'39"36"W H09'42"52"W N71'42"51"W N76'09"52"W N86'10"57"E N89'Ol"30aW NOO'SO'09'W DISTANCE 16.93' 304.72' 322.50' 8.48' 158.92' 63.50' 176.93' 44.68' 55.96' 130.68' 112.45' CURVE TABLE DESG. DELTA C1 04'37'45>> C2 12W39'' C3 94'32'50" C4 86'04'54" RADUIS 25.00' 182.00' 25.00' 25.00' LENGTH 2.02' 38.58' 41.25' 37.56' NOTE: AREA OF SLOPE EASEMENT TO BE QUITCLAIMED = 11,377 SF ^EXISTING STREET EASEMENT PER DOCUMENT No. 2002-0166066, RECORDED JANUARY 27, 2002 ^EXISTING SLOPE EASEMENT PER DOCUMENT NO. 2002-0166066, RECORDED JANUARY 27, 2002 PROJ. No.: 08-032 DATE: 10/05/08 SOWAROS & BROWN ENGINEERING n CONSULTING ENGINEERS I 21 87 NEWCASTLE AVENUE SUITE 1 03I CARDIFF BY THE S6A. CA., 92OO7 I TEL. 780/43a-e»OO FAX 760/436-8603