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Home My WebLink About2010-06-22; City Council; 20272; Street vacation of part of Rancho Santa Fe RdCITY OF CARLSBAD - AGENDA BILL 13 \^ip/ AB# 20,272 MTG. 06/22/10 DEPT. CED SUMMARILY VACATE A PORTION OF AN EASEMENT FOR PUBLIC ROAD PURPOSES OVER A PORTION OF RANCHO SANTA FE ROAD, STV 09-01 DEPT. DIRECTOR gfe *ffl CITY ATTORNEY (32^ CITY MANAGER ft/O-" RECOMMENDED ACTION: Adopt Resolution No. 2010-154 summarily vacate an easement for public road purposes over a portion of Rancho Santa Fe Road, STV 09-01. ITEM EXPLANATION: La Costa Town Square LLC, owner of La Costa Town Square, located on both sides of Rancho Santa Fe Road east of La Costa Avenue in the City of Carlsbad, County of San Diego, State of California, has requested vacation of a portion of Rancho Santa Fe Road according to Book 1737, Page 4 of Deeds recorded January 21, 1930. Section 8330 of the State of California Streets and Highways Code provides for the summary vacation of a street or highway relocated and not required for street or highway purposes. Staff has concluded that the portion of easement is not required for present or future use. Rancho Santa Fe Road was realigned in 2002 and reconstructed to its ultimate configuration in 2005. A portion of the 1930 dedication will be retained to serve the realigned and reconstructed roadway. 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 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 dedication was dedicated in 1930 at no cost to the City 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 2.11 acres of land being returned to the tax rolls. DEPARTMENT CONTACT: Clyde Wickham, 760-602-2742 Clvde.Wickham@carlsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED £n D Da CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES D D D D Page 2 EXHIBITS: 1.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. 2010-154 to summarily vacate a portion of an easement for public road purposes over a portion of Rancho Santa Fe Road, STV 09-01. LOCATION MAP NOT TO SCALE VICINITY MAP NOT TO SCALE PROJECT NAME VACATE AN EASEMENT OVER A PORTION OF RANCHO SANTA FE ROAD PROJECT NUMBER STV09-01 EXHIBIT 1 DRAWN BY: SCOTT EVANS, CARLSBAD 1/T/U77ES DEPT. 6/2/10 C: \D£VCIOPM£NT P/?OJFCTS\S7V\STVD9-0».OIIG 3 1 RESOLUTION NO. 2010-154 2 3 4 ROAD 5 6 7 8 10 15 16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A PORTION OF AN EASEMENT FOR PUBLIC ROAD PURPOSES OVER A PORTION OF RANCHO SANTA FE WHEREAS, La Costa Town Square LLC, has submitted a request to vacate excess public road easement over a portion of Rancho Santa Fe Road, within La Costa Town Square, STV 09-01; and WHEREAS, the public road easement is defined as a relocated street or highway per Section 8330 of the California Streets and Highways Code; and WHEREAS, the easement to be vacated is considered excess public road easement not required for public road or utility purposes; and 12 WHEREAS, this vacation is made pursuant to Section 8333(c) of the California Streets 13 and Highways Code; and 14"WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public 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 Highway Code, said excess public road easement, 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 and plat in the Office of the County Recorder of San Diego County. 21 22 23 „ 4. That upon recordation of this resolution at the County Recorders Office, the portions of this easement no longer constitutes a public road easement.25 /// 26 " 27 28 4 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 22nd day of June, 2010, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, and Blackburn. NOES: None. ABSENT: Council Member Packard. A! LEWIS, Mayor ATTEST: UORRAI/NE M. W;(SEAL)D, City Clerk MAY 5, 2010 J.N.: 001025 PAGE 1 OF 2 STV 09-01 EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF THE EASEMENT FOR PUBLIC ROAD PURPOSES ACCORDING TO BOOK 1737, PAGE 4 OF DEEDS RECORDED JANUARY 21, 1930 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY LYING WITHIN THAT -REAL PROPERTY IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED IN THE GRANT DEED FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 13, 2004 AS FILE NO. 2004-0025484, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID PUBLIC ROAD EASEMENT AND THE SOUTHERLY LINE OF THE PUBLIC ROAD ACCORDING TO DOCUMENT NO. 2002-0550474 RECORDED ON JUNE 28, 2002, SAID POINT BEING THE BEGINNING OF A 1737.00 FOOT RADIUS CURVE, CONCAVE TO THE EAST, A RADIAL TO WHICH BEARS NORTH 36°44'13" WEST; THENCE NORTHEASTERLY ALONG THE SOUTHERLY LINE OF SAID PUBLIC ROAD EASEMENT ACCORDING TO DOCUMENT NO. 2002- 0550474, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5°49'06" AN ARC DISTANCE OF 176.39 FEET TO THE NORTHERLY LINE OF SAID PUBLIC ROAD EASEMENT ACCORDING TO BOOK 1737, PAGE 4; THENCE NORTH 76°05'38" EAST ALONG SAID NORTHERLY LINE 1039.19 FEET TO THE BEGINNING OF A TANGENT 970.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTH; THENCE CONTUNIUNG ALONG SAID NORTHERLY LINE, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°47'59" AN ARC DISTANCE OF 182.84 FEET TO A POINT ON THE SOUTHERLY LINE OF A PUBLIC ROAD EASEMENT ACCORDING TO DOCUMENT NO. 2002-0258807 RECORDED MARCH 27, 2002, SAID POINT BEING THE BEGINNING OF A NON-TANGENT 2463.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTH, A RADIAL TO WHICH BEARS SOUTH 12°50'25"; THENCE EASTERLY ALONG SAID SOUTHERLY LINE, ALONG THE ARC OF SAID CURVE THROUGH A CENTAL ANGLE OF 17°43'54" AN ARC DISTANCE OF 762.24 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PUBLIC ROAD EASEMENT ACCORDING TO BOOK 1737, PAGE 4, SAID POINT BEING A POINT OF CUSP WITH A NON-TANGENT 780.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTH, A RADIAL TO WHICH BEARS SOUTH 36°34'27" EAST THENCE WESTERLY ALONG SAID SOUTHERLY LINE, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11°31'24" AN ARC DISTANCE OF 156.87 FEET; THENCE CONTINUEING ALONG SAID SOUTHERLY LINE SOUTH 64°56'57" WEST 596.64 FEET TO THE BEGINNING OF A TANGENT 1030.00 FOOT RADUIS CURVE CONCAVE TO THE NORTH; THENCE CONTINUING 0:\Legal_Descriptions\001025\revCMS 04-08.1gl.doc MAY 5, 2010 J.N.: 001025 PAGE 2 OF 2 WESTERLY ALONG SAID SOUTHERLY LINE, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11°07'23" AN ARC DISTANCE OF 199.96 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 76°05'38" WEST 1196.13 FEET TO THE BEGINNING OF A TANGENT 470.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTH; THENCE CONTINUING WESTERLY ALONG SAID SOUTHERLY LINE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1°04'31" AN ARC DISTANCE OF 8.82 FEET TO THE POINT OF BEGINNING. AREA = 2.11 AC O:\Legal_Descriptions\001025\revCMS 04-08.1gl.doc CO oO >-,ao O OCM t£GAL DESCRIPTION THA T PORTION OF THE EASEMENT FOR PUBLIC ROAD PURPOSES ACCORDING TO BOOK 1737, PAGE 4 OF DEEDS RECORDED JANUARY 21, 1930 LYING WITHIN THAT PROPERTY DESCRIBED IN DOC. No. 2004-0025484 APN NOs 223-060-32, 223-050-70 LEGEND SUBDIVISION BOUNDARY LOT LINE EXISTING EASEMENT LINE PORTION OF EASEMENT TO BE VACATED EASEMENT DA (NO)" ; 2 J 4 5 6 7 8 9 DELTA/BEARING A = 05'49'06" N 76W38" E A = W'47'59" A = 17'43'54" & = H'31'24" S 64'56'57" W A = ir07'23" S 76'05'38" W A = Or04'31" RADIUS 1737.00' 970.00' 2463.00' 780.00' 1030.00' 470.00' TA LENGTH 176.39' 1039.19' 182.84' 762.24' 156.87' 596.64' 199.96' 1196.13' 8.82' CONSULT T S 2710 Loker Av«nu« W«t Suit! 100 Carlsbad, California 92010 760-931-7700 Fax: 760-931-6680 www.odaycansultanta.com Civil Engineering Planning Processing Surveying CITY OF ENCINITAS VICINITY MAP NO SCALE SHT. 1 OF 2 SHTS. EXHIBIT 'B' REQUESTED BY:PREPARED BY: TIM07U.ZA CARROLL JR. LSi 7700 EXP. 12/31/10 PROJECT: STV 09-01 LA COSTA TOWN SQUARE DWG. A.P.N. DATE EXHIBIT 'B' l:\001017\1017GP01.dwg May 05, 2010 11: 48am Xrefs: 1017GMAP; 1017GP; 1017VIC ca "5<ocoCJ 05oo<N PORTION OF EASEMENT TO BE VACATED SHT. 2 OF 2 SHTS. EXHIBIT *B' REQUESTED BY:PREPARED BY: fl CARROLL, JR. L.S. 7700 EXP. 12/31/10 PROJECT: STV 09-01 LA COSTA TOWN SQUARE DWG. A.P.N. DATE EXHIBIT 'B! 001017\IC17uF01.dwg Oec Ul, 2009 d-i9am cfs: iOlTGMAP; 101 '/OP; 1017'vlC