HomeMy WebLinkAbout2010-05-11; City Council; 20229; Vacate Portion Emergency Access & Fire Ln EasementCITY OF CARLSBAD - AGENDA BILL 13
20.229AB#
MTG. 5/11/10
DEPT. CED
SUMMARILY VACATE A PORTION OF AN
EMERGENCY ACCESS AND FIRE LANE
EASEMENT OVER FILOLI CIRCLE IN CARLSBAD
TRACT 05-13, PR 09-49
DEPT. DIRECTOR^
CITY ATTORNEY
CITY MANAGER l>>—
RECOMMENDED ACTION:
Adopt Resolution No. 2010-109 to summarily vacate a portion of an emergency access and
fire lane easement over Filoli Circle in CT 05-13, PR 09-49.
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 the emergency access and fire lane
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
emergency access easement (PR 09-45) has recently been dedicated to replace the easement
proposed for vacation by this action.
Since the owner has dedicated a replacement easement and the emergency access and fire lane
functions are provided by the replacement easement, this easement to be vacated is no longer
required for present or future use. The vacation would not affect the effective delivery of emergency
services to the project or adjacent development because the replacement easement preserves the
emergency access and fire lane. 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 *
nna
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
D
Dnn
Page 2
EXHIBITS:
1. Location Map.
2. Resolution No. 2010-109 to summarily vacate a portion of an emergency access and
fire lane easement over Filoli Circle, in CT 05-13, PR 09-49.
LOCATION MAP
NOT TO SCALE
SITE.
VICINITY
MAP
NOT TO
SCALE
PROJECT NAME VACATION OF
EMERGENCY ACCESS AND FIRE LANE EASEMENT
PROJECT
NUMBER
PR09-49
EXHIBIT
1
DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 3/01/10 C:\DEVELOPUENT PROJECTS\PR\PR09-49.DWG
1 RESOLUTION NO. 2010-109
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A PORTION OF
AN EMERGENCY ACCESS AND FIRE LANE EASEMENT OVER
4 FILOLI CIRCLE IN CT 05-13. PR 09-49
5
WHEREAS, David Stearn, Vice President for DR Horton, has submitted a request to
6 vacate a portion of the emergency access and fire lane easement over Lot 4 and Lot 7 of the City
7 of Carlsbad Tract No. 05-13 Villages of La Costa - La Costa Ridge Neighborhood 2.6, in the City of
8 Carlsbad, County of San Diego, State of California, according to map thereof No. 15740, amended
n by certificate of correction recorded July 20, 2009 as Instrument No. 2009-0398550, filed in they
Office of the County Recorder of San Diego County, January 29, 2009; and
10
WHEREAS, the easement to be vacated is defined as a "public service easement" per
11 Section 8306 of the California Streets and Highways Code; and
12 WHEREAS, the easement to be vacated is excess public service easement not required
13 for emergency access or utility purposes; and
14 WHEREAS, the easement to be vacated is not useful as a nonmotorized transportation
15 facility; and
WHEREAS, this vacation is made pursuant to Section 8333 and Section 8335 of the
16
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
19 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.22
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.
27 4. That upon recordation of this resolution at the County Recorders Office, the
portions of this easement no longer constitutes a public service easement.2o
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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.
)E A. LEWS, Ivlaybr
ATTEST:
LpRRAIIpEjM. WQOJ3, City Cleft,,,,,,]
6SEAL)
Page 1 of 1
EXHIBIT 'A'
LEGAL DESCRIPTION FOR VACATION OF
EMERGENCY ACCESS AND
FIRE LANE EASEMENT
PR 09-49
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
ThePrbfessional Land Surveyors Act.
Robert D. Vasquei, P.
Expires 12/31/10 »
Date: 3-
P:\D\DRHH00000030\0600INFO\SV\Office\Legals\Vacation - Emergency revised 01042010.doc
•
SW'LY LINE LOT 4
MOSTjylY COR.
LOT
SW'LY LINE
, ,x = 128.00'
L???'39'36"E (R)
S7r54r47"E (R)
R=75.00'
5740
y
LINE DATA
LINE
L1
L2
BEARING
[N66'48'47"W]
[N26'00'55"W]
DISTANCE
[54.11']
30.01'
APN: 223-727-04 & 07
LEGAL: LOTS L AND 7
CT 05-13, MAP
LEGEND
OF
15740
CURVE DATA
CURVE
C1
C2
C3
C4
C5
C6
DELTA
37'50'58"
14'08'33"
[4Z53'25"]
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'
COR.
(R)
INDICATES LIMITS OF PUBLIC UTILITY
EASEMENT TO BE VACATED
SUBDIVISION BOUNDARY
LOT BOUNDARY
CORNER
RADIAL
RECORD DATA PER MAP NO 15740
AREA r 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 09-49
EXHIBIT "B"
EMERGENCY ACCESS
AND FIRE LANE
EASEMENT VACATION
CITY OF CARLSBAD
COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
JOB NO:
DRHH0030
SHEET NO:
1 OF
DRAWN BY:
MFRE
DATE:
01/05/10
SCALE:
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 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD. CALIFORNIA. TO SUMMARILY VACATE A PORTION
OF AN EMERGENCY ACCESS AND FIRE LANE EASEMENT OVER FIOLI CIRCLE
IN CT 05-13. PR 09-49. 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.r\ n c\.
SHERRY/FREISING
DEPUTYvCLERK
(SEAL)