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HomeMy WebLinkAbout2010-05-11; City Council; 20230; Summarily Vacate a Street and Utility Easement Over a Portion of Tract 7 of Laguna Mesa Tract, Tong Property STV 09-0214 CITY OF CARLSBAD - AGENDA BILL AB#2023Q MTG. 5/11/10 DEPT.CED SUMMARILY VACATE A STREET AND UTILITY EASEMENT OVER A PORTION OF TRACT 7 OF LACUNA MESA TRACT, TONG PROPERTY, STV 09-02 DEPT. DIRECTOR^ CITY ATTORNEY "" CITY MANAGER RECOMMENDED ACTION: Adopt Resolution No. 2010-110 to summarily vacate a portion of a street and utility easement over a portion of Tract 7 of Laguna Mesa Tract, Tong Property, STV 09-02. ITEM EXPLANATION: Christopher Tong and Mary Do, owner of a portion of Tract 7 of Laguna Mesa Tract in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1719, located southeast of Jefferson Street and westerly of Pio Pico Drive, have requested vacation of a portion of street and utility easement that was offered and recorded as Document No. 2000-0274483 on May 25, 2000. Section 8334(a) of the State of California Streets and Highways Code provides for the summary vacation of a street or highway not required for street or highway purposes. Section 66477.2(c), 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 portion of easement is not required for present or future use. The vacation would not affect utility service to the City or adjacent development because alternate alignments may be more practicable to access and serve future development. A small portion of the irrevocable offer will be retained to complete the existing access for homes that front and use this easement. The requested vacation is considered minor, and is consistent with local and state requirements for abandonment. Utility companies and pertinent City departments have 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 street and utility easement vacation will not have a significant effect on the environment in that the vacation will not physically alter the site DEPARTMENT CONTACT: Clyde Wickham, (760) 602-2742, Clvde.Wickham@carlsbadca.qov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED ^rnnnn CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D n Page 2 FISCAL IMPACT: The dedication was offered 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. Approval of this vacation will result in approximately 0.09 acres of land being returned to the tax rolls. EXHIBITS: 1. Location Map. 2. Resolution No. 2010-110 to summarily vacate a portion of street and utility easement over a portion of Tract 7 of Laguna Mesa Tract, Tong Property, STV 09-02. LOCATION MAP S/7F NOT TO SCALE BUENA VISTA LAGOON SITE PROJECT NAME TONG PROPERTY STREET & UTILITY EASEMENT VACATION PROJECT NUMBER STV09-02 EXHIBIT 1 DRAW BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 2/25/10 C \DEVELOPUENT PROJECTS\STV\STV09-02.DWG 1 RESOLUTION NO. 2Q1Q-11Q 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A PORTION OF STREET AND UTILITY EASEMENT OVER A 4 PORTION OF TRACT 7 OF LACUNA MESA TRACT, TONG PROPERTY. STV 09-02. 5 6 WHEREAS, Christopher Tong and Mary Do, has submitted a request to vacate a portion 7 of street and utility easement over a portion of Tract 7 of Laguna Mesa Tract, Tong Property, STV 8 09-02; and 9 WHEREAS, the offer of dedication is defined as a "public service easement" per Section 1Q 8306 of the California Streets and Highways Code; and WHEREAS, a portion of the easement to be vacated is excess public service easement not required for public utility or access purposes; and 12 WHEREAS, this vacation is made pursuant to Section 8335 of the California Streets and 13 Highways Code; and 14 WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and 15 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public 15 interest to vacate a portion of said easement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 18 1. That the above recitations are true and correct. 19 2. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and on^u Highway Code, said excess public service easement shown as street and utility easement over a 21 portion of Tract 7 of Laguna Mesa Tract, more particularly described in Exhibit A and shown for the 22 sake of clarity in Exhibit B, shall be summarily vacated. 23 3. The City Clerk is directed to record this resolution, the attached legal description and plat in the Office of the County Recorder of San Diego County.24 4. That upon recordation of this resolution at the County Recorders Office, the 25 portion of this easement no longer constitutes a public service easement. 26 /// 27 /// 28 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 11th day of May, 2010, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. CLAUDE A. LEWIS, Mayor ATTEST: LIDRRAINAM. WOOD, City (SEAL) D EXHIBIT A STV 09-02 AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER THAT PORTION OF TRACT 7 OF LAGUNA MESA TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 20 1921, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF PARCEL 1 OF DOCUMENT NO. 2000-0274483 RECORDED MAY 25, 2000 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY RECORDER'S OFFICE EXCEPT THE SOUTHERLY 4.90 FEET OF THE EASTERLY 313.43 FEET OF SAID PARCEL 1. SAID PORTION OF PARCEL 1 EASEMENT AREA CONTAINS 0.09 ACRES MORE OR LESS. ROBERT C. LAD WIG - LS-3 1 89 DATED SHEET 1 OF 1 CURVE DATA A=43'58'30" L=307.00' A=43'58'30" L=330.03' A=9'17'57" L= 129.84' A=9'00'54" L=121.15' A=80'16*50" L=98.08* A=23'33'21" L=20.56* A=1T57'05" L=47.98* A=11'57*05" L=35.46* R=400.00' R=430.00' R=800.00' R=770.00' R=70.00' R=50.00' R=230.00' R= 170.00' EXHIBIT B LINE DATA N 89'55'45" E S 78'07'10" E N 89'55'45" E S OO'02'OO" E S 89'58'00" W N OO'02'OO" W N 89'55'45" E FEET 1* = 100' N 89'55'45" E MAP NO. 1719 LACUNA MESA TRACT PORTION OF TRACT 7 TONG PROPERTY AP# 156-350-12 EXISTING OPEN SPACE ""^cft? I \(2.78 ACRES) pj N89'58'00 E 146.10' SW CORNER OR PARCEL A - CERTIFICATE OF COMPLIANCE RECORDED MAY 25, 2000 AS FILE# 2000-0274477, O.RJ 351-05 (EASE. FOR ROAD/UTILITIES DOC.# 330208-REC. 12/1 2/1 972) 156-351-06 156-351-07 156-351-02 LEGEND 156-351-03 | PORTION OF PARCEL 1 OF DOC.# 2000-0274483 RECORDED MAY 25, 2000 TO BE VACATED (0.09 ACRES) T.P.O.B. TRUE POINT OF BEGINNING TONG PROPERIY S1V 09-02 STREET & UTILITY EASEMENT VACATION lodwig Design Group, Inc. 2234 FflRflDflV flV€. cflRLseno. CR 92008 PHON€ (760) 438-3182 FflX (760) 438-0173 3/3/2010 SHEET 1 of 1 L-1103 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 A STREET AND UTILITY EASEMENT OVER A PORTION OF TRACT 7 OF LAGUNA MESA TRACT. TONG PROPERTY. STV 09-02. 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. SHERRY FR. DEPUTY (SEAL)