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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 /// 28 •2 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 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 ''/ X + " x^ '"intTn*^ 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-