HomeMy WebLinkAbout2010-05-11; City Council; 20228; Vacate Portion Public Utility Easement Filoli CirCITY OF CARLSBAD - AGENDA BILL
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AB# 2Q 22g
MTG. 5/11/10
DEPT. CED
SUMMARILY VACATE A PORTION OF A PUBLIC
UTILITY EASEMENT OVER FILOLI CIRCLE IN
CARLSBAD TRACT 05-13, PR 09-48
DEPT. DIRECTOR &Tg> __£^
CITY ATTORNEY Y'//
CITY MANAGER /,f £_A' -•" "• *
RECOMMENDED ACTION:
Adopt Resolution No. 2010-108 to summarily vacate a portion of a public utility easement over
over Filoli Circle in CT 05-13, PR 09-48.
ITEM EXPLANATION:
David Stearn, Vice President for DR Morton, owner of Lots 4 and 7 of La Costa Ridge Neighborhood
2.6, CT 05-13, according to map thereof No. 15740, located southeast of the intersection of Corintia
Street and Melrose Drive, has requested vacation of a portion of a public utility easement across lot 4
and lot 7 that was offered and accepted for dedication on Map No. 15740.
The easement was misaligned with the underlying street improvements of Filoli Circle. A new public
utilities easement (PR 09-46) has recently been dedicated to replace the easement proposed for
vacation by this action.
Since the owner has dedicated a replacement easement and all the existing utilities are still covered
by the replacement easement, this easement to be vacated is no longer required for present or future
use. The vacation would not affect utility service to the City or adjacent development because facilities
have been constructed within the replacement easement to serve the subdivision. The requested
vacation is consistent with local and state requirements for abandonment.
This easement may be summarily vacated per Section 8333(b) of the State of California Streets and
Highways Code.
Utility companies and pertinent City departments have been notified of the proposed easement
vacation. No objections have been received.
ENVIRONMENTAL IMPACT:
The proposed easement vacation does not qualify as a "project" under the California Environmental
Quality Act (CEQA) per State CEQA Guidelines Section 15378 as it does not result in a direct or
reasonable foreseeable indirect physical change in the environment.
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.
DEPARTMENT CONTACT: David Rick 760-602-2781, David.Rick@carlsbadca.gov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
%
D
D
D
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER - SEE MINUTES
D
D
D
D
Page 2
EXHIBITS:
1. Location Map.
2. Resolution No. 2010-108 to summarily vacate a portion of a public utility easement
over Filoli Circle in CT 05-13, PR 09-48.
LOCATION MAP
NOT TO SCALE
SITE
VICINITY
MAP
NOT TO
SCALE
PROJECT NAME VACATION OF
PUBLIC UTILITY EASEMENT
PROJECT
NUMBER
PR09-48
EXHIBIT
1
DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 3/01/10 C: \DEVELOPUENT PROJECTS\PR\PR09-48.DWG 3
1 RESOLUTION NO 2010-108
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
~ CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A PORTION OF
A PUBLIC UTILITY EASEMENT OVER FILOLI CIRCLE IN CT 05-13,
4 PR 09-48.
WHEREAS, David Stearn, Vice President for DR Horton, has submitted a request to
6 vacate a portion of a public utility easement over Lot 4 and Lot 7 of the City of Carlsbad Tract No.
7 05-13 Villages of La Costa - La Costa Ridge Neighborhood 2.6, in the City of Carlsbad, County of
8 San Diego, State of California, according to map thereof No. 15740, amended by certificate of
correction recorded July 20, 2009 as Instrument No. 2009-0398550, filed in the Office of the
County Recorder of San Diego County, January 29, 2009; and
WHEREAS, the easement to be vacated is defined as a "public service easement" per
Section 8306 of the California Streets and Highways Code; and
1 ?WHEREAS, the easement to be vacated is excess public service easement not required
13 for public utility or access purposes; and
14 WHEREAS, the easement to be vacated is not useful as a nonmotorized transportation
facility; and
WHEREAS, this vacation is made pursuant to Section 8333 and Section 8335 of the16
California Streets and Highways Code; and
17 WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and
1R WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
interest to vacate said easement.
20 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
21 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 and
23
Highway Code, said excess public service easement more particularly described in Exhibit A and
24 shown for the sake of clarity in Exhibit B, shall be summarily vacated.
25 3. The City Clerk is directed to record this resolution, the attached legal description
26 and plat in the Office of the County Recorder of San Diego County.
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4. That upon recordation of this resolution at the County Recorders Office, the
portions of this 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 11th day of May, 2010, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
5, Mayor
ATTEST:
LORRAINE M.
QSEAL)
Page 1 of 1
EXHIBIT 'A'
LEGAL DESCRIPTION FOR VACATION OF
PUBLIC UTILITIES EASEMENT
PR 09-48
That portion of Lots 4 and 7 of Tract 05-13 in the City of Carlsbad, County of San Diego, State of
California, as per map thereof No. 15740, filed in the Office of the County Recorder of said County,
January 29, 2009, being a strip of land, 30.00 feet wide, the sidelines of said strip lying 15.00 feet on
each side of the northwesterly line of said Lot 4.
The northwesterly line of said strip shall terminate northeasterly in the curved northeasterly line of
said Lot 7 and southwesterly in the northwesterly prolongation of the southwesterly line of said Lot 4.
The southeasterly line of said strip shall terminate northeasterly in the curved northerly line of said
Lot 4 and southwesterly in the southwesterly line of said Lot 4.
The above described parcel contains 5,208 square feet (0.120 acres) more or less.
All as shown on Exhibit "B" attached herewith and made a part hereof.
The real property description has been prepared by me,or under my direction, in conformance with
ThtfTITrfessional Land Surveyors Act.
Robert D. Vasque
Expires 12/31/10
Date: ?>3-|O
P:\D\DRHH00000030\0600INFO\SV\Office\Legals\Vacation - PUE revised 01042010.doc
SW'LY LINE, LOT 4 /
MOST WLY COR.
LOT 4
SW'LY LINE
R=128.00
LS02-39'36"E
S71754r47"E"(R)
R=75.00'
LOT 4
1 5740
LOT 4
LINE DATA
LINE
L1
L2
BEARING
[N66*48'47"W]
[N26'00'55"W]
DISTANCE
[54.11']
30.01'
APN: 223-727-CU & 07
LEGAL: LOTS 4 AND 7 OF
CURVE DATA
CURVE
C1
C2
C3
C4
C5
C6
DELTA
37-50'58"
14'08'33"
[42'53'25"]
47'22'47"
H'42'16"
07'01'25"
RADIUS
45.00'
[128.00']
'60.00'"
75.00'
128.00'"
128.00'
LENGTH
29.73'
31.59'
[44.91']
62.02'
26.15'
15.69'
LEGEND
COR.
(R)
CT 05-13, MAP 15740
INDICATES LIMITS OF PUBLIC UTILITY
EASEMENT TO BE VACATED
SUBDIVISION BOUNDARY
LOT BOUNDARY
CORNER
RADIAL
RECORD DATA PER MAP NO 15740
AREA = 5,208 S.F.
DAVID EVANS
AND ASSOCIATES INC.
4200 CONCOURS, STE 200
Ontario California 91764
Phone: 909.481.5750
LA COSTA 2.6
PR 09-48
EXHIBIT "B"
PUBLIC UTILITIES
EASEMENT VACATION
CITY OF CARLSBAD
COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
SHEET NO:
1 OF
JOB NO:
DRHH0030I
DRAWN BY:
MFRE
DATE:
01
LET
1 "=50'
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
I, Sherry Freisinger, Deputy Clerk of the City of Carlsbad, County of San Diego,
State of California, hereby certify that I have compared the foregoing copy with the
original RESOLUTION NO. 2010-108. A EESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD. CALIFORNIA. TO SUMMARILY VACATE A PORTION
OF A PUBLIC UTILITY EASEMENT OVER FIOLI CIRCLE IN CT 05-13. PR 09-48.
with the original now on file in the Office of the City Clerk of the City of Carlsbad; that
the same contains a full, true and correct transcript therefrom and of the whole thereof.
Witness my hand and the seal of said City of Carlsbad, this 13th day of
May, 2010.
fMRY/FREISING;
SPUTY^GLERK
(SEAL)