HomeMy WebLinkAbout2009-07-28; City Council; 19913; Vacation sewer easement Carlsbad Research CenterCITY OF CARLSBAD - AGENDA BILL
AB# 19,913
MTG. 7/28/09
DEPT. ENG
SUMMARILY VACATE A SEWER EASEMENT
OVER LOT 75 OF CARLBAD RESEARCH CENTER,
CT 85-24 UNIT NO. 4, PR 09-25
DEPT. HEAD f^f jj"
CITY ATTY. <$g§*
CITY MGR. (/A
RECOMMENDED ACTION:
Adopt Resolution No. 2009-196 to .summarily vacate a sewer easement over Lot 75 of
Carlsbad Research Center, CT 85-24 Unit No. 4, PR 09-25.
ITEM EXPLANATION:
Robert Berry, Vice President of Systems, Machines, Automation Components (SMAC), owner of Lot
75 of Carlsbad Research Center, CT 85-24 Unit No. 4, according to map thereof No. 11811, located
southwest of the intersection of Faraday Avenue and Van Allen Way, has requested vacation of sewer
easement across Lot 75 that was offered and accepted for dedication on Map No. 1 181 1 .
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 no longer required for present or future use. The vacation
would not affect sewer service to the City or adjacent development because additional facilities have
been constructed to serve the subdivision. The requested vacation is considered minor, and is
consistent with local and state requirements for abandonment.
The City's Wastewater 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 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. The owner has paid the standard fee for
processing this vacation.
EXHIBITS:
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2.
Location Map.
Resolution No. 2009-196 summarily vacate the sewer easement over Lot 75 of
Carlsbad Research Center, CT 85-24 Unit No. 4, PR 09-25
DEPARTMENT CONTACT: Clyde Wickham, (760) 602-2742, cwick@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
tfD
D
D
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
D
D
D
D
LOCATION MAP
CITY OF OCEANSIOE
HIGHWAY .>*
NOT TO SCALE
SITE.
PROJECT NAME
VACATE A SEWER EASEMENT OVER
LOT 75 OF CT 85-24 UNIT NO. 4
PROJECT
NUMBER
PR09-25
EXHIBIT
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DRAW BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 7/01/09 C \DEVELOPMENT PROJECTS\PR\PR09-25.DWG 2-
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CT 85-24 UNIT No. 4. PR 09-25.
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RESOLUTION NO. 2009-196
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE THE SEWER
EASEMENT OVER LOT 75 OF CARLSBAD RESEARCH CENTER,
WHEREAS, Robert Berry, Vice President of Systems, Machines, Automation
Components (SMAC), has submitted a request to vacate the sewer easement over Lot 75 of
Carlsbad Research Center, Carlsbad Tract 85-24, in the City of Carlsbad, County of San Diego,
State of California, according to map thereof No. 11811, filed in the Office of the County Recorder
of San Diego County, May 19, 1987; and
WHEREAS, the easement is defined as a "public service easement" per Section 8306
of the California Streets and Highways Code; and
10 WHEREAS, the easement to be vacated is excess public service easement not
required for public sewer purposes; and
12 WHEREAS, this vacation is made pursuant to Section 8335 of the California Streets
and Highways Code; and
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WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad;
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15 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,
17"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 and19
Highway Code, said excess sewer easement across Lot 75 of Carlsbad Research Center, CT 85-
on 24 Unit No. 4, 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 description
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and plat in the Office of the County Recorder of San Diego County.
23 4. That upon recordation of this resolution at the County Recorders Office, the
easement 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 28th day of June 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard, Blackburn
NOES: None
ABSENT: None
ATTEST:
LORRAINE MrWGOD,£it/ Clerk
Karen R. Kundtz, Assistant City Clerk
(SEAL)
EXHIBIT "A"
LEGAL DESCRIPTION
PR 09-25
VACATION OF SEWER EASEMENT DEDICATED TO THE CITY OF CARLSBAD
OVER A PORTION LOT 75 OF CITY OF CARLSBAD TRACT NO. 85 - 24 UNIT NO. 4,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOFNO. 11811 FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MAY 19,1987 AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 75, SAID POINT BEING ON
THE SOUTHERLY RIGHT OF WAY LINE OF FARADAY AVENUE (841 WIDE), THENCE
SOUTH 22° 44' 04" WEST ALONG THE WESTERLY LINE OF LOT 75 A DISTANCE
OF 30.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
NORTHERLY, HAVING A RADIUS OF 1272.00 FEET A RADIAL TO SAID POINT
BEARS SOUTH 22° 44' 04" WEST, THENCE EASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 3° 36' 13" A DISTANCE OF 80.00 FEET, THENCE
LEAVING THE ARC OF SAID CURVE NORTH 19° 07' 51" EAST A DISTANCE OF
30.00 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF FARADAY AVENUE,
SAID POINT BEING ON THE ARC OF A 1242.00 FOOT RADIUS CURVE CONCAVE
NORTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 19° 07' 51" EAST,
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3°
36' 13" A DISTANCE OF 78.17 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 2,371 SQ. FT. MORE OR LESS.
SOLOMON STHANDYLS/7584
DASK LAND SURVEYING
SHEET 10F1
EXHIBIT "B"
POINT OF BEGINNM
S 22° 44'04" W
30.001 (RAD.)
QUITCLAIMED EASEMENT AREA
PROPERTY LINE
CENTER LINE
30'O1 30'60'
EASEMENT VACATION - CITY OF CARLSBAD
APPLICANT:
SMAC
ROBERT BERRY
5807 VAN ALLEN WAY
CARLSBAD, CA. 92008
-SOLOMON S. HANDY /LS 7584
EXPIRES: 12/31/09
A.P.N.: 212-120-01
EXHIBIT " B"
DATE : 6 / 08 / 09