HomeMy WebLinkAbout2011-04-26; City Council; 20522; SUMMARILY VACATE A TRAIL EASEMENT OVER A PORTION OF LOT 195 MAP NO 15318 AND A PORTION OF LOT 48 MAP NO 15649 PR 11-01CITY OF CARLSBAD- AGENDA BILL
14
AB# 20,522
MTG- 4/26/1 1
DEPT. CED
SUMMARILY VACATE A TRAIL EASEMENT OVER A
PORTION OF LOT 195 OF MAP NO. 15318 AND A
PORTION OF LOT 48 OF MAP NO. 15649, PR 11-01
DEPT. HEAD £%&
CITYATTY. YI<^
CITY MGR. \JJ~^^
RECOMMENDED ACTION:
Adopt Resolution No. 2011-078 to summarily vacate a trail easement over a portion of lot 195 of
Map No. 15318 and a portion of lot 48 of Map No. 15649, PR 11-01, generally located southeast of
the intersection of Avenida Soledad and Rancho Santa Fe Road.
ITEM EXPLANATION:
On April 18, 2006, a trail easement was granted to the City of Carlsbad per Map No. 15318. At the
time, the trail easement provided a partial pedestrian alignment from Avenida Soledad, but did not
connect to the existing San Marcos trail to the east. In 2007, during the review of La Costa Oaks
Neighborhood 3.7 (CT 06-06), the alignment of the trail was modified so that it would connect to the
San Marcos trail. To address the new alignment, a separate trail easement was granted to the city on
the final map for CT 06-06, Map No. 15649.
The trail improvements for CT 06-06 were recently completed along the revised alignment and
accepted by the city. The applicant, Real Estate Collateral Management, a Delaware Corporation,
has requested that the original trail easement be vacated.
Per Section 8306 of the State of California Streets and Highways Code, trail easements are public
service easements. The California Streets and Highways Code provides that a public service
easement can be summarily vacated based upon certain requirements. City departments have been
notified of the proposed easement vacation. No objections have been received.
The previously dedicated trail easement is not needed now or in the future by the city. Therefore, staff
recommends vacating the original trail easement.
ENVIRONMENTAL IMPACT:
Vacating a trail easement 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: Jeremy Riddle 760-602-2737 ieremy.riddle@carlsbadca.qov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
Xn
n
n
n
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
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Page 2
FISCAL IMPACT:
The item has no fiscal impact to the city. The trail easement was granted to the city for no fee cost
acquisition. Except for processing fees, the city will vacate the easement at a no fee cost to the
property owner. In accordance with the adopted Fee Schedule, the property owner has paid the
standard fee for processing an easement vacation.
EXHIBITS:
1. Resolution No. 2011-078 to summarily vacate a trail easement over a portion of lot
195 of Map No. 15318 and a portion of lot 48 of Map No. 15649, PR 11-01.
2. Location map.
EXHIBIT 1
1
RESOLUTION NO. 2011-078
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, TO SUMMARILY VACATE A TRAIL EASEMENT
OVER A PORTION OF LOT 195 OF MAP NO. 15318 AND OVER
4 A PORTION OF LOT 48 OF MAP NO. 15649, PR 11-01,
GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION
5 OF AVENIDA SOLEDAD AND RANCHO SANTA FE ROAD.
CASE NO.: PR 11-01
6
WHEREAS, Real Estate Collateral Management, a Delaware Corporation, has
7
submitted a request for the city to vacate a trail easement over a portion of lot 195 of Map No.
8
15318 recorded April 18, 2006 in the Office of the County Recorder of San Diego County as
9
file/page No. 2006-0271049 of Official Records, and over a portion of lot 48 of Map No. 1564910
recorded December 3, 2007 in the Office of the County Recorder of San Diego County as file/page11
No. 2007-0750674 of Official Records recorded; and12
WHEREAS, said trail easement is defined as a "public service easement" per Section
I O
8306 of the California Streets and Highways Code; and
14 WHEREAS, a replacement trail easement has been provided per Map No. 15649 and
1*5 the original trail easement being vacated is considered excess public service easement and not
16 required for public access purposes; and
17 WHEREAS, said trail easement is not required for the purpose for which it was granted
12 and is not now, nor contemplated to be needed in the future for trail purposes; and
WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; andi y
WHEREAS, this vacation is made pursuant to Section 8335 of the California Streets and
20 Highways Code; and
WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
22 interest to vacate said trail easement.
23 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
24 California, as follows:
25 1. That the above recitations are true and correct.
26 I 2. That, pursuant to Division 9, Part 3, Chapter 4 of the California Streets and
27 Highway Code, the trail easement is considered excess public service easement. The trail
28
1 easement over a portion of lot 195 of Map No. 15318 and a portion of lot 48 of Map No. 15649,
2 more particularly described in Exhibit "A" and shown for the sake of clarity in Exhibit "B", shall be
3 summarily vacated.
4 3. The City Clerk is directed to record this resolution, the attached legal description
5 and plat in the Office of the County Recorder of San Diego County.
6 4. That upon recordation of this resolution at the County Recorder's Office, the
7 vacated portion of this easement no longer constitutes a public service easement.
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1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
2 of the City of Carlsbad on the 26th day of April, 2011, by the following vote to wit:
3 ..
AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
4
5 NOES: None.
6
ABSENT: None,
s"
9
10
H MATT HALL, Mayor
12 ATTEST:
13
14
15
LORRAINE M. WOOD, City Clerk
16 (SEAL)
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT "A"
LEGAL DESCRIPTION
PR 11-1
THAT PORTION OF LOT 195 IN CITY OF CARLSBAD TRACT NO. 99-04-03 VILLAGES OF LA
COSTA- LA COSTA OAKS NORTH ACCORDING TO MAP THEREOF NO. 15318, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 18, 2006
TOGETHER WITH THAT PORTION OF LOT 48 IN CITY OF CARLSBAD TRACT NO. 06-06 LA
COSTA OAKS NORTH - NEIGHBORBHOOD 3.7 ACCORDING TO MAP THEREOF NO. 15649,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
DECEMBER 03, 2007, BOTH IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING A 20.00 FOOT WIDE STRIP OF LAND LYING 10.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 195; THENCE ALONG THE
EASTERLY LINE THEREOF, NORTH 00°19'30" WEST, 10.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID EASTERLY LINE ALONG A LINE PARALLEL WITH AND
10.00 FEET NORTHERLY OF THE SOUTHERLY LINE OF SAID LOT 195, NORTH 89°53'58"
WEST, 1027.43 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF SAID
LOT 48; THENCE CONTINUING NORTH 89°53'58" WEST, 68.78 FEET TO THE EASTERLY
RIGHT-OF-WAY LINE OF AVENIDA SOLEDAD DEDICATED PER SAID MAP NO. 15649, AND
THE POINT OF TERMINUS.
THE SIDELINES OF SAID 20.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR
EXTENDED SO AS TO TERMINATE EASTERLY IN SAID EASTERLY LINE OF SAID LOT 195
AND WESTERLY IN SAID EASTERLY RIGHT-OF-WAY LINE OF AVENIDA SOLEDAD.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.502 ACRES, MORE OR
LESS.
DOUGLAS B. gTROUP P.L.S. 8553
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 1 OF 1
:PV M:\2352\178\Legal Descriptions\A07 IOD Quitclaim Esmt.doc
WO 2352-178 3/28/11
PR 11-01
VICINITY MAP
N.T.S.PROJECT
SITE
HUNSAKER
& ASSOCIATES
SAN DIEGO, INC
PWNNINC 9707 Waples Street
ENGINEERING San Diego, Ca 92121
SURVEYING PH(858)55M500' FX(85B)5»M14
Ri\0715\8.Hap\OC Troll Esnt IDE SHT 01.BWGC3Mar-SB-eoUil6i09
SHEET 1 DF 3
VACATION OF OFFER OF DEDICATION FOR PUBLIC TRAIL EASEMENT - CITY OF CARLSBAD
APPLICANT/OWNER:
APPLICANT
PREPARED BY:
DOU(J|4(S B. S^OUP LS. 8553
EXPIRES: 12/31/12
PROJECT:
LA COSTA OAKS NORTH
MAP NO.'S 15318
& 15649
A.P.N.:
APN 223-810-02APN 225-811-48
EXHIBIT "B!
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\j ; \ INDICATES PORTION OF PUBLIC TRAIL
t^XJ OFFER FOR DEDICATION PER MAP NO.
' < <* 15318 TO BE VACATED HEREON
0.502 ACRES
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PLANNING 9707 Waples Street
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VACATION OF OFFER OF DEDICATION FOR PUBLIC TRAIL EASEMENT - CITY OF CARLSBAD
APPLICANT/OWNER: PROJECT: A.P.N.:
APPLICANT M COSTA C
MAP NO.i^?f H «K !i:I!?:fsO / wtJ i O
& 15649 EXHIBIT "B"
PR 11-01
SEE SHEET NO. 2
100 200 300
SCALE l'=100'
LEGEND
OF PUBLIC TRAIL
OFFER FOR DEDICATION PER MAP NO.
15318 TO BE VACATED HEREON
0,502 ACRES
& ASSOCIATES
PLANNING 9707 Waples Street
ENGINEERING San Diego, Ca 92121
SURVEYING PH(858)55W500- FX(B58)558-14M
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SHEET 3 DF 3
VACATION OF OFFER OF DEDICATION FOR PUBLIC TRAIL EASEMENT - CITY OF CARLSBAD
APPLICANT/OWNER:
APPLICANT
PROJECT:
LA COSTA OAKS NORTH
MAP NO.'S 15318
& 15649
A.P.N.:
APN 223-810-02
APN 223-811-48
EXHIBIT "B"
£
EXHIBIT
LOCATION MAP
NOT TO SCALE
JVELROSE
,- DR.
M COSTA
--MEADOWS DR.
SITE
VICINITY
MAP
NOT TO
SCALE
PROJECT NAME VACATION OF A TRAIL EASEMENT OVER
A PORTION OF LOTS 159 OF MAP 15318
AND LOT 48 OF MAP 15649
PROJECT
NUMBER
PR11-01
EXHIBIT
DRAW BY: SCOTT EVANS, CARLSBAD UTILITIES DEPT. 3/23/11 C \DEVB.OPUENT PROJECTS\PR\PR11-01.DWG