HomeMy WebLinkAbout2011-10-11; City Council; 20700; VACATE SEWER EASEMENTS LA GOLONDRINA STCITY OF CARLSBAD- AGENDA BILL
AB#
MTG.
20,700
DEPT. CED
SUMMARILY VACATE SEWER EASEMENTS OVER A
PORTION OF LOT 172 OF MAP NO. 10257 GENERALLY
LOCATED AT 2514 LA GOLONDRINA STREET.
PR 11-31
DEPT. HEAD
CITY ATTY.
CITY MGR. \jj -
RECOMMENDED ACTION:
ADOPT Resolution No. ?mi-?3Q to SUMMARILY VACATE sewer easements over a portion of
lot 172 of Map No. 10257 generally located at 2514 La Golondrina Street. PR 11-31
ITEM EXPLANATION:
On November 4, 1981, a sewer easement was granted to the City of Carlsbad per Map No. 10257.
Subsequently, an easement for sewer pump station and appurtenances and access was granted per
document 85-465358 of Official Records. These easements allowed for the construction of a
temporary pump station and sewer force main. This temporary condition was eliminated in 2010 with
the installation of a gravity sewer system through the La Costa Greens subdivision toward the
northwest. The temporary pump station has been removed and the two easements are no longer
necessary. In connection with the elimination of the pump station, city staff is requesting that the
sewer pump station and sewer easements be vacated.
Per Section 8306 of the State of California Streets and Highways Code, sewer 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 sewer easements are not needed now or in the future by the city. Therefore,
staff recommends vacating both of the sewer and pump station easements.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code Section 21065, this action does not constitute a "project" within
the meaning of CEQA in that it has no potential to cause either a direct physical change in the
environment, or a reasonably foreseeable indirect physical change in the environment, and therefore
does not require environmental review.
DEPARTMENT CONTACT: Clyde Wickham 760-602-2742 clvde.wickham@carlsbadca.aov
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WITHDRAWN D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
Page 2
FISCAL IMPACT:
The item has no fiscal impact to the city. The sewer easements were granted to the city for no fee
cost acquisition. The city will vacate the easement at a no fee cost to the property owner.
EXHIBITS:
1. Resolution No. 2011-239 to summarily vacate sewer easements over a portion of lot
172 of Map No. 10257 generally located at 2514 La Golondrina Street.
2. Location map.
Z.
RESOLUTION NO. 2011-239
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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PR 11-31
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CARLSBAD TO SUMMARILY VACATE SEWER EASEMENTS
OVER A PORTION OF LOT 172 OF MAP NO. 10257
GENERALLY LOCATED AT 2514 LA GOLONDRINA STREET,
WHEREAS, the City of Carlsbad, has submitted a request for the city to vacate a sewer
pump station easement over a portion of lot 172 of Map No. 10257 recorded November 4, 1981 in
the Office of the County Recorder of San Diego County as file/page No. 81-349500 of Official
Records, and also as dedicated on document No. 85-465358 recorded December 10, 1985 in the
Office of the County Recorder of San Diego County; and
WHEREAS, said sewer easements are defined as a "public service easement" per
Section 8306 of the California Streets and Highways Code; and
WHEREAS, a replacement gravity sewer service has been constructed and the sewer
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easements being vacated are considered excess public service easements and not required for
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public purposes; and
15 WHEREAS, said sewer easements are not required for the purpose for which they were
granted and is not now, nor contemplated to be needed in the future for sewer purposes; and
WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and
WHEREAS, this vacation is made pursuant to Section 8335 of the California Streets and
Highways Code; and
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WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public20
interest to vacate said sewer easements.21
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,22
California, as follows:23
1. That the above recitations are true and correct.24
2. That, pursuant to Division 9, Part 3, Chapter 4 of the California Streets and
Highway Code, the sewer easements are considered excess public service easements.26
3. The sewer easement over a portion of lot 172 per Map No. 10257 recorded
November 4, 1981 in the Office of the County Recorder of San Diego County as file/page No. 81-
1 349500 of Official Records, and the sewer pump station easement dedicated per document No.
2 85-465358 recorded December 10, 1985 in the Office of the County Recorder of San Diego
3 County, shall be summarily vacated.
4 4. The City Clerk is directed to record this resolution in the Office of the County
5 Recorder of San Diego County.
6 5. That upon recordation of this resolution at the County Recorder's Office, the
7 vacated sewer easements no longer constitute public service easements.
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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 October 2011, by the following vote to wit:
AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard.
NOES: None.
ABSENT: None.
(SEAL)
M. WOOD, City Clerk
EXHIBIT 2
LOCATION MAP
B) EASEMENT
PER DOC.#85-465358
A) EASEMENT
PER MAP#10257
NOT TO SCALE
PROJECT NAME
VACATION OF SEWER EASEMENT OVER A
PORTION OF LOT 172 OF MAP NO. 10257
PROJECT
NUMBER
PR11-31
EXHIBIT
PLOTTED BY: SCOTT EVANS PLOT DATE: 8/S1/11 PATH: O:\DEVELOPMENTPROJECTS\PR\PR11-31.DWG
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
I, Sherry Freisinger, Senior 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. 2011-239. A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CARLSBAD. CALIFORNIA. TO SUMMARILY VACATE SEWER
EASEMENTS OVER A PORTION OF LOT 172 OF MAP NO. 10257 GENERALLY
LOCATED AT 2514 LA GOLONDRINA STREET. PR 11-31. 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
October 2011.
SENIOI
(SEAL)
EPUTY CLERK