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HomeMy WebLinkAbout2010-11-09; City Council; 20389; VACATE PORTION PUBLIC UTILITY EASEMENT LOT 290CITY OF CARLSBAD - AGENDA BILL AB# 20,389 MTG. n/g/2010 DEPT. CED SUMMARILY VACATE A PORTION OF A PUBLIC UTILITY EASEMENT OVER A PORTION OF LOT 290 IN CARLSBAD TRACT NO. 04-26, PR 10-27 DEPT. DIRECTOR /^f»$><3&- CITY ATTORNEY ^^?- CITY MANAGER (^ RECOMMENDED ACTION: Adopt Resolution No. 2010-250 to summarily vacate a portion of a public utility easement over a portion of Lot 290 in Carlsbad Tract No. 04-26, PR 10-27 ITEM EXPLANATION: William A. McMillen, Vice President of William Lyon Homes, Inc., owner of Lot 290 of Carlsbad Tract No. 04-26 according to map thereof No. 15682, located on the south of Arapaho Place, east of Ocala Way and north of Cannon Road, has requested vacation of a portion of the general utility and access easement offered and accepted for dedication on Map No. 15682. The easement as originally dedicated is 30 feet wide. The requested vacation is for the easterly 5 feet of the 30 foot easement, adjacent to the residential structure on Lot 290. The location of existing utilities within the remaining 25 foot width of the easement is such that the vacation will not affect access to or maintenance of the utilities. No additional public utilities are proposed to be located within the remaining portion of the easement. The requested vacation is considered minor, and is consistent with local and state requirements for abandonment. 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. DEPARTMENT CONTACT: Steve Bobbett 760-602-2747 steve.bobbett@carlsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION:APPROVED DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER-SEE MINUTES D FISCAL IMPACT: The easement was dedicated to the city for a no fee cost acquisition and the city will vacate a portion of the easement for a no fee cost return to the property owner. The owner has paid the standard fee for processing this vacation. EXHIBITS: 1. Resolution No. 2010-250 2. Location Map RECORDING REQUESTED BY: Carlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE City of Carlsbad RESOLUTION NO. 2010-250 To summarily vacate a portion of a public utility easement over a portion of Lot 290 in Carlsbad Tract No. 04-26, PR 10-27 EXHIBIT 1 1 RESOLUTION NO. 2010-250 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A PORTION OF A PUBLIC UTILITY EASEMENT OVER A 4 PORTION OF LOT 290 IN CARLSBAD TRACT NO. 04-26, PR 10-27 5 6 WHEREAS, William A. McMillan, Vice President of William Lyon Homes, Inc., owner of 7 Lot 290 of Carlsbad Tract No. 04-26 according to map thereof No. 15682, located on the south 8 of Arapaho Place, east of Ocala Way and north of Cannon Road, has requested vacation of a portion of the general utility and access easement offered and accepted for dedication on Map No. 15682; 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 WHEREAS, the easement to be vacated is excess public service easement not required 14 for public utility or access purposes; and WHEREAS, the easement to be vacated is not useful as a non-motorized transportation 16 facility; and 17 WHEREAS, this vacation is made pursuant to Section 8333 and Section 8335 of the 18 California Streets and Highway Code; and 1Q WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and 20 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public 21 interest to vacate said easement. 22 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 23 California, as follows: 24 1. That the above recitations are true and correct. 25 2. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and 26 Highway Code, said excess public service easement more particularly described in Exhibit A and 27 shown for the sake of clarity in Exhibit B, shall be summarily vacated. 28 1 3. The City Clerk is directed to record this resolution, the attached description and 2 plat in the Office of the County Recorder of San Diego County. 3 4. That upon recordation of this resolution at the County Recorder's Office, the 4 portions of this easement no longer constitutes a public service easement. 5 /// 6 /// 7 /// 8 /// 9 /// 10 /// 11 /// 12 /// 13 /// 14 /// 15 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 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 9th day of November, 2010, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Packard and Blackburn. NOES: None. ABSENT: Council Member Hall. , Mayor ATTEST: 's ^RRAINEXKOVOOD, City Clerk (SEAL) June 15, 2010 J.N. 091271 PAGE 1 OF 1 EXHIBIT "A" LEGAL DESCRIPTION PR 10-27 EASEMENT VACATION A PORTION OF THE 30' GENERAL UTILITY & ACCESS EASEMENT OVER LOT 290 OF CARLSBAD TRACT NO. 04-26, ROBERTSON RANCH EAST VILLAGE, PLANNING AREAS 16, 17 & 18, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 15682, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 11, 2008, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 290; THENCE ALONG THE NORTHERLY LOT LINE OF SAID LOT 290 NORTH 53°01'54" EAST, 25.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LOT LINE NORTH 53°01'54" EAST, 5.00 FEET TO THE EASTERLY LINE OF SAID GENERAL UTILITY & ACCESS EASEMENT; THENCE ALONG SAID EASTERLY LINE SOUTH 36°58'06" EAST, 96.10 FEET TO THE SOUTHERLY LOT LINE OF SAID LOT 290; THENCE ALONG SAID SOUTHERLY LOT LINE SOUTH 51°23'58" WEST, 5.00 FEET; THENCE LEAVING SAID SOUTHERLY LOT LINE NORTH 36°58'06" WEST 96.24 FEET TO THE TRUE POINT OF BEGINNNING. AREA = 481 SF 0:\Legal_Descriptions\091271\Easement Vacation.Igl.DOC tncroo >-oO O O OCNJ BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS MAP IS THE NORTHERL Y LINE OF LOT 290 PER MAP No. 15682 I.E. N 5JV1'54" E LEGAL DESCRIPTION A PORTION OF THE JO' WIDE GENERAL UTILITY & ACCESS EASEMENT OVER LOT 290 OF CARLSBAD TRACT No. 04-26, PER MAP No. 15682. OWNER WILLIAM L YON HOMES, INC. A CALIFORNIA CORPORATION 4490 VON KARM AN AVENUE NEWPORT BEACH, CA 92660 47fi-5?.11 DATE:BY: PRINT NAME: TITLE:Michael A. McMillanVice President an or SITE T S 2710 Loker Avenue West, Suite 100 Carlsbad, Ca 92010 760-931-7700www.odayconsultants.com EASEMENT VACATION PLAT VICINITY MAP NO SCALE APPLICANT/OWNER WILLIAM LYON HOMES, INC. 4490 VON KARMAN AVENUE NEWPORT BEACH, CA 92660 PH. (949) 476-5231 EXHIBIT "B TIMOTHY 0. CARROLL, JR. LS. 7700 EXP.12/31/W SHT. / OF 2 SHTS. PR 10-27 A.P.N. 168-373-60 G:\011014\PA-18\01140PE01.dwg Aug 03. 2010 8:17am Xrefs: 01HAN; 0114VIC. 01140PE ^ "N ARAPAHO PLACE * ? <% <$' ^\ — V- N53'Or54"E^639.95' -V— ^ \^ (BASIS CfBEARING) 30' WIDE GENERAL EASEMENT PER MA 292 \ ^_i UTILITY & ACCESS P No. 15682 -x--- 291 i 1 ^25.00* ^^~ S^ci0^ ,^s» ^^ ? ^// ^ ^7, ^-5.00' 5.00' CS ^do! ,, 290 J§8 ^t'/.. //_l — . 1_ 289 311 S5r23'58"W 5.00 CANNON ROAD -t— LEGEND VACATED EASEMENT LOT LINE oo O O O CM © 2710 Loker Avenue West, Suite 100 Carlsbad, Ca 92010 760-931-7700www.odayconsultants.com FOB TPOB STREETg EXISTING EASEMENT PROPOSED EASEMENT POINT OF BEGINNING TRUE POINT OF BEGINNING 0' 40' SCALE: 1" « 40' EASEMENT VACATION PLAT APPLICANT/OWNER WILLIAM LYON HOMES, INC. 4490 VON KARMAN AVENUE NEWPORT BEACH, CA 92660 PH. (949) 476-5231 EXHIBIT "B" TIMOTHY 0. CARROLL, JR. LS. 7700 EXP. 12/31/10 SHT. 2 OF 2 SHTS. PR 10-27 A.P.N. 168-373-60 G:\OH014\PA-18\01HOPE02.dwg Aug 03. 2010 8:17om Xrefs: 01140PE; 0114GMAP; 0114BMAP; 0114BSTR EXHIBIT 2 LOCATION MAP NOT TO SCALE S/7E PROJECT NAME ROBERTSON RANCH PA 18 GENERAL UTILITY AND ACCESS EASEMENT VACATION PROJECT NUMBER PR10-27 EXHIBIT DRAWN BY: SCOTT EVANS, CAIXS8AD UTIUTES OEPT. 7/12/10 C:\DEVELOPUENT PROJ£CTS\PR\PR10-27.DVG