HomeMy WebLinkAbout2009-02-17; City Council; 19728; Vacating portions of Bressi Rance easementCITY OF CARLSBAD - AGENDA BILL\np/
AB# 19,728
MTG. 2/17/09
DEPT. ENG
SUMMARILY VACATE PORTIONS OF THE GENERAL
UTILITY AND ACCESS EASEMENT OVER LOT 4 AND
LOT 5 OF BRESSI RANCH COMMERCIAL
CT 06-24, PR 08-49
^^DEPT. HEAD ^-f^f
CITY ATTY. £g^
CITY MGR. ///— ^
RECOMMENDED ACTION:
Adopt Resolution No. 2009-038 to summarily vacate portions of the general utility and access
easement over Lot 4 and Lot 5 of Bressi Ranch Commercial, CT 06-24, PR 08-49.
ITEM EXPLANATION:
Jeff Williams, Director of Development for LNR CPI Bressi Retail, LLC, owner of Lots 4 and 5 of Bressi
Ranch Commercial, CT 06-24, according to map thereof No. 15689, located southwest of the
intersection of El Fuerte Street and Gateway Road, has requested vacation of portions of the general
utility and access easement across lot 4 and lot 5 that was offered and accepted for dedication on Map
No. 15689.
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 portions of the easement are not required for present or future use. The
vacation would not affect utility service to the City or adjacent development because additional
facilities have been constructed to serve lots 4, 5, and the subdivision. The requested vacation is
considered minor, and is consistent with local and state requirements for abandonment.
The City's 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 general utility and access
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 portions of
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.
2.2009-038
Location Map.
Resolution No.
easement over Lot 4 and Lot 5 of Bressi Ranch Commercial, CT 06-24, PR 08-49
DEPARTMENT CONTACT: Clyde Wickham, (760) 602-2742, cwick@ci.carlsbad.ca.us
to summarily vacate portions of the general utility and access
FOfl CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED BDDDQCONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER - SEE MINUTES
D
Dnn
LOCATION MAP
CITY OF OCEANStDE
HKiHWAY
SITE
NOT TO SCALE
VICINITY
MAP
HOT TO
SCALE
PROJECT NAME
VACATE PORTIONS OF THE GENERAL UTILITY EASEMENT
OVER LOTS 4&50F BRESSI RANCH COMMERCIAL, CT06-24
PROJECT
NUMBER
PR08-49
EXHIBIT
1
DRAW BY: SCOJT EVANS. CARLSBAD ENGINEERING DEPT. 1/27/09 C: \DEVELOPUENT PROJECTS\PR\PR08-49.DWG
1
RESOLUTION NO. 2009-038
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE PORTIONS OF
THE GENERAL UTILITY AND ACCESS EASEMENT OVER LOT 4
4 AND LOT 5 OF BRESSI RANCH COMMERCIAL, CT 06-24, PR 08-49.
5
WHEREAS, Jeff Williams, Director of Development for LNR CPI Bressi Retail, LLC, has
6
submitted a request to vacate portions of the general utility and access easement over Lot 4 and
Lot 5 of Bressi Ranch Commercial, Carlsbad Tract 06-24, in the City of Carlsbad, County of San
Diego, State of California, according to map thereof No. 15689, filed in the Office of the County
9 Recorder of San Diego County, May 9, 2008; and
10 WHEREAS, the offer of dedication is defined as a "public service easement" per Section
8306 of the California Streets and Highways Code; and
WHEREAS, the easement to be vacated is excess public service easement not required
12
for public utility or access purposes; and
13 WHEREAS, this vacation is made pursuant to Section 8335 of the California Streets and
14 Highways Code; and
15 WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and
16 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,
18
California, as follows:
19 1. That the above recitations are true and correct.
90 2. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and
21 Highway Code, said excess public service easement shown as portions of the general utility and
22 access easement across Lot 4 and Lot 5 of Bressi Ranch Commercial, CT 06-24 more particularly
described in Exhibit A and shown for the sake of clarity in Exhibit B, shall be summarily vacated.
3. The City Clerk is directed to record this resolution, the attached legal description24
and plat in the Office of the County Recorder of San Diego County.
25 4. That upon recordation of this resolution at the County Recorders Office, the
portions of this easement no longer constitutes a public service easement.
27 ///
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 17th day of February, 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
CLAUDE A LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City
(SEAL)
&£9
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EXHIBIT "A"
LEGAL DESCRIPTION
GENERAL UTILITY AND ACCESS EASEMENT VACATED
PR 08-49
BEING A PORTION OF A GENERAL UTILITY AND ACCESS EASEMENT
GRANTED PER CARLSBAD TRACT CT 06-24, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 15689, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, RECORDED MAY 9, 2008, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
PARCEL A:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 4; THENCE ALONG
THE EASTERLY LINE OF SAID LOT 4 NORTH 03°07'06" WEST 119.72 FEET;
THENCE LEAVING SAID EASTERLY LINE NORTH 86°52'54" EAST 15.00 FEET
TO AN ANGLE POINT ON THE EASTERLY LINE OF SAID GENERAL UTILITY AND
ACCESS EASEMENT AND BEING THE TRUE POINT OF BEGINNING; THENCE
NORTH 03°07'06" WEST 10.00 FEET TO AN ANGLE POINT ON SAID GENERAL
UTILITY AND ACCESS EASEMENT; THENCE ALONG SAID GENERAL UTILITY
AND ACCESS EASEMENT THE FOLLOWING COURSES NORTH 86°52'54" EAST
22.77 FEET; THENCE SOUTH 03°07'06" EAST 10.00 FEET; THENCE SOUTH
86°52'54" WEST 22.77 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINS 0.005 ACRES, MORE OR LESS.
PARCEL B:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 4; THENCE ALONG
THE EASTERLY LINE OF SAID LOT 4 NORTH 03°07'06" WEST 125.26 FEET;
THENCE LEAVING SAID EASTERLY LINE SOUTH 86°52'54" WEST 15.00 FEET
TO AN ANGLE POINT ON THE WESTERLY LINE OF SAID GENERAL UTILITY
AND ACCESS EASEMENT AND BEING THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID GENERAL UTILITY AND ACCESS EASEMENT THE FOL-
LOWING COURSES SOUTH 86°52'54" WEST 12.12 FEET; THENCE NORTH
03°07'06" WEST 10.00 FEET; THENCE NORTH 86°52'54" EAST 12.12 FEET;
THENCE LEAVING SAID EASEMENT SOUTH 03°07'06" EAST 10.00 FEET TO THE
TRUE POINT OF BEGINNING.
CONTAINS 0.003 ACRES, MORE OR LESS.
3219\MAPPING\LEGALS\GUEVACATION.doc07/08/2005 PAGE 1 OF 3
5
PARCEL C:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 3 OF SAID MAP NO.
15689; THENCE SOUTH 08°24'57" EAST 71.72 FEET TO AN ANGLE POINT ON
THE SOUTHERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT
AND BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 86°52'54" EAST
10.00 FEET TO AN ANGLE POINT ON SAID GENERAL UTILITY AND ACCESS
EASEMENT; THENCE ALONG SAID GENERAL UTILITY AND ACCESS EASE-
MENT THE FOLLOWING COURSES SOUTH 03°07'06" EAST 16.76 FEET;
THENCE SOUTH 86°52'54" WEST 10.00 FEET; THENCE NORTH 03°07'06" WEST
16.76 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINS 0.004 ACRES, MORE OR LESS.
PARCEL D:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 3 OF SAID MAP NO.
15689; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 3 SOUTH 86°52'54"
WEST 93.64 FEET; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 03°07'06"
EAST 71.42 FEET TO AN ANGLE POINT ON THE SOUTHERLY LINE OF SAID
GENERAL UTILITY AND ACCESS EASEMENT AND BEING THE TRUE POINT OF
BEGINNING; THENCE ALONG SAID GENERAL UTILITY AND ACCESS EASE-
MENT THE FOLLOWING COURSES SOUTH 03°07'06" EAST 16.76 FEET;
THENCE SOUTH 86°52'54" WEST 10.00 FEET; THENCE NORTH 03°07'06" WEST
16.76 FEET; THENCE LEAVING SAID EASEMENT NORTH 86°52'54" EAST 10.00
FEET TO THE TRUE POINT OF BEGINNING.
CONTAINS 0.004 ACRES, MORE OR LESS.
PARCEL E:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 5; THENCE ALONG
THE EASTERLY LINE OF SAID LOT 5 SOUTH 03°07'06" EAST 48.58 FEET;
THENCE LEAVING SAID EASTERLY LINE SOUTH 86°52'54" WEST 15.09 FEET
TO AN ANGLE POINT ON THE WESTERLY LINE OF SAID GENERAL UTILITY
AND ACCESS EASEMENT AND BEING THE TRUE POINT OF BEGINNING;
THENCE SOUTH 03°07'06" EAST 10.00 FEET TO AN ANGLE POINT ON SAID
GENERAL UTILITY AND ACCESS EASEMENT; THENCE ALONG SAID EASE-
MENT THE FOLLOWING COURSES SOUTH 86°52'54" WEST 7.76 FEET; THENCE
NORTH 03°07'06" WEST 10.00 FEET; THENCE NORTH 86°52154" EAST 7.76 FEET
TO THE TRUE POINT OF BEGINNING.
CONTAINS 0.002 ACRES, MORE OR LESS.
321 9\MAPPING\LEGALS\GUEVACATION.doc 07/08/2005 PAGE 2 OF 3
PARCEL F:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 5; THENCE ALONG
THE NORTHERLY LINE OF SAID LOT 5 NORTH 86°52'54" EAST 72.25 FEET;
THENCE LEAVING SAID SOUTHERLY LINE SOUTH 03°36'58" EAST 86.38 FEET
TO AN ANGLE POINT ON THE NORTHERLY LINE OF SAID GENERAL UTILITY
AND ACCESS EASEMENT AND BEING THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID EASEMENT SOUTH 03°07'06" EAST 6.00 FEET; THENCE
LEAVING SAID EASEMENT SOUTH 86°52'54" WEST 7.50 FEET TO AN ANGLE
POINT ON SAID EASEMENT; THENCE ALONG SAID EASEMENT THE FOLLOW-
ING COURSES NORTH 03°07'06" WEST 6.00 FEET; THENCE NORTH 86°52'54"
EAST 7.50 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINS 0.001 ACRES, MORE OR LESS.
DATE:
GARYL. HU§^PLS7019
(MY LICENSE EXPIRES 06-30-10)
3219\MAPPING\LEGALS\GUE VACATION.doc 07/08/2005 PAGE 3 OF 3
DESCRIPTION:
LOTS 4 AND 5 OF CARLSBAD TRACT CT 06-24,
IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 15689, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, MAY
9, 2008.
BASIS OF BEARINGS:
THE BASIS OF BEARINGS FOR THIS PLAT
IS THE EASTERLY LINE OF LOT 4 AS
SHOWN ON CARLSBAD TRACT CT 06-24,
MAP NO. 15689,
I.E. N03V7'06*W
LEGEND:
INDICATES EXISTING GENERAL UTILITY
AND ACCESS EASEMENT GRANTED PER
MAP NO. 15689
INDICATES POINT OF COMMENCEMENT
INDICATES TRUE POINT OF BEGINNING
INDICATES PORTION OF GENERAL UTILITY
AND ACCESS EASEMENT VACATED
VICINITY MAP
NO SCALE
SITE
GATEWAY ROAD
EL FUERTE
TOWN \ STREET
GARDEN^BRESsi RANCH
WAY
ENGINEER OF WORK:
PROJECT DESIGN CONSULTANTS
701 B STREET SUITE 800
SAN DIEGO, CALIFORNIA 92101
PHONE: (619) 235-6471
GARY L. HUS, h.S 7019
REGISTRATION EXPIRES 9/30/2010
DATE:
GENERAL UTILITY AND ACCESS EASEMENT VACATED-
GTf OF CARLSBAD SHEET1 OF 5
APPLICANT:
LNR CPI BRESSI RETAIL, LLC
4275 EXECUTIVE SQ. /210
LA JOLLA, CA. 92037
PROJECT DESIGN CONSULTANTS
Planning I Landscape Architecture I Engineering I Survey
701 B Street, Suite 800
619.235.6471 Tel
San Diego, CA 92101
619.234.0349 Fax
A.P.N. 213-191-12, 13
CT 06-24
PR 08-49
P:\3219\MAPPING\PLATS\3219 GUE VACATION.dwg
Dec 11, 2008
EXHIBIT 'B'
N86'52'54"E
12.12'\S03'07'06"E
10.00'
N03V7'06"W
10.00'
N03'07'06nW
10.00'
N86'52'54"E
22.77'
S03'07'06"E
10.00'
S86'52'54"W
12.12'
CARLSBAD TRACT CT 08-24
RANCH COMMERCIAL
MAP 15689
P.O.C.
SOJJT^EAST_CORNER_LOT_4
/ PARCELS A A B
<N
N86'52'27"E
PARCEL 3 OF CERTIFICATE OF COMPLIANCE
REG, 8-24-07 DOC, NO, 2007-0583781
GENERAL UTILITY AND ACCESS EASEMENT VACATED-
dJY OF CARLSBAD SHEET 2 OF 5
APPLICANT:
LNR CPI BRESSI RETAIL, LLC
4275 EXECUTIVE SQ. #210
LA JOLLA, CA. 92037
PROJECT DESIGN CONSULTANTS
Planning I Landscape Architecture I Engineering I Survey
701 B Street, Suite 800
619.235.6471 Tel
San Diego, CA 92101
619.234.0349 Fax
A.P.N. 213-191-12, 13
CT 06-24
PR 08-49
P:\3219\MAPPING\PLATS\3219 GUE VACATION.dwg
Dec 11, 2008
EXHIBIT V
P.O.C.SqUTHEAST^CORNER_LOT_3
PARCELS CAD
CARLSBAD TRACT CT 08-24
BRESSi RANCH COMMERCIAL
MAP 15889
N86'52'54"E
10.00''
LOT 4
GENERAL UTILITY AND ACCESS EASEMENT
GRANTED PER MAP NO. 15689
N86'52'54"E 100.26^
S03'07'06"E
16.76'
N86'52'54"E
10.00'
N03'07'06aW
16.76'
S86'52'54"W
10.00'
S86'52'54"W
10.00'
GENERAL UTILITY AND ACCESS EASEMENT VACATED-
CITY OF CARLSBAD SHEET 3 OF 5
APPLICANT:
LNR CPI BRESSI RETAIL LLC
4275 EXECUTIVE SQ. J210
LA JOLLA, CA. 92037
PROJECT DESIGN CONSULTANTS
Planning I Landscape Architecture | Engineering I Survey
A.P.N. 213-191-12, 13
CT 06-24
701 B Street, Suite 800
619.235.6471 Tel
San Diego, CA 92101
619.234.0349 Fax PR 08-49
P:\3219\MAPPING\PLATS\3219 GUE VACAWN.dwg
Dec 11, 2008 10
EXHIBIT V
N86'52'54"E
GENERAL UTILITY AND ACCESS
EASEMENT GRANTED PER MAP
NO. 15689
(TIE LINE)
S86"52'54'W
15.09'
CARLSBAD TRACT CT 08-24
BRESSi RANCH COMMERCIAL
MAP 15889
GENERAL UTILITY AND ACCESS EASEMENT VACATED-
QTY OF CARLSBAD SHEET 4 OF 5
APPLICANT:
LNR CPI BRESSI RETAIL, LLC
4275 EXECUTIVE SQ. /210
LA JOLLA, CA. 92037
PROJECT DESIGN CONSULTANTS
Planning I Landscape Architecture I Engineering I Survey
701 B Street, Suite 800
619.235.6471 Tel
San Diego, CA 92101
619.234.0349 Fax
A.P.N. 213-191-12, 13
CT 06-24
PR 08-49
P:\3219\MAPPING\PLATS\3219 GUE VACAWN.dwg
Dec 11, 2008
EXHIBIT 'B'
P.O.C.NORTH^ST CORNER LOT 5
CARLSBAD TRACT CT 08-24
3FISSSJ RANCH COMMERCIAL
MAP 15889
N86'5254"E
7.50'
N86'52'54"E 50.50 S86'5254°W
7.50'
GENERAL UTILITY AND ACCESS EASEMENT
GRANTED PER MAP NO. 15689
GENERAL UTILITY AND ACCESS EASEMENT VACATED-
CITY OF CARLSBAD SHEET 5 OF 5
APPLICANT:
LNR CPI BRESSI RETAIL, LLC
4275 EXECUTIVE SO. J210
LA JOLLA, CA. 92037
PROJECT DESIGN CONSULTANTS
Planning I Landscape Architecture I Engineering I Survey
701 B Street, Suite 800
619.235.6471 Tel
San Diego, CA 92101
619.234.0349 Fax
A.P.N. 213-191-12, 13
CT 06-24
PR 08-49
P:\3219\MAPPING\PLATS\3219 CUE VACATION.dwg
Dec 11. 2008 11-