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Home My WebLink About2011-10-25; City Council; 20719; VACATE DRAINAGE EASEMENTCITY OF CARLSBAD - AGENDA BILL\§gp/ AB# 20,719 MTG- 10/25/11 DEPT. CED SUMMARILY VACATE A DRAINAGE EASEMENT OVER A PORTION OF PARCEL A OF ADJ 02-17, PER CERTIFICATE OF COMPLIANCE CE 03-15, PR 11 -23 DEPT. DIRECTOR &tf&^ CITY ATTORNEY f2^_ CITY MANAGER ((f^^ RECOMMENDED ACTION: Adopt Resolution No. 2011-251 to summarily vacate a drainage easement over a portion of Parcel A of ADJ 02-17 per Certificate of Compliance CE 03-15, recorded July 15, 2003 as File No. 2003-0838234, generally located on the north side of Marron Road, east of El Camino Real. ITEM EXPLANATION: The Irvine Company LLC, owner of Parcel A of ADJ 02-17 per Certificate of Compliance CE 03-15, recorded July 15, 2003 as File No. 2003-0838234, known as Marbella Apartment Homes, formerly known as Summit at Carlsbad (SDP 00-17), has requested vacation of a drainage easement recorded May 29, 1973 as Document No. 73-144276, Exhibit 3. The drainage easement was dedicated to allow construction and maintenance of a storm drain lateral, shown on drawing DWG 168-4, to serve Carlsbad Tract 72-21. In 2004, the storm drain lateral was removed and replaced with a new storm drain system built within Marron Road as shown on drawing DWG 403-9 as part of the Summit at Carlsbad improvements. Since the storm drain lateral within the existing drainage easement has been removed, the drainage easement is no longer needed. Section 8306 of the State of California Streets and Highways Code defines drainage easements as public service easements. The California Streets and Highways Code also provides that a public service easement may be summarily vacated based upon certain requirements. Staff has concluded that the drainage easement is not required for present or future use. The vacation would not affect existing utility service. The vacation is considered minor and is consistent with local and state requirements for abandonment. City departments have been notified of the proposed drainage easement vacation. No objections have been received. 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: Tecla Levy, 760-602-2733, tecla.levv@carlsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED aaaa CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2 FISCAL IMPACT: The easement was granted to the city for a no fee cost acquisition and the city will vacate the easement for a no fee cost return to the property owner. EXHIBITS: 1. Resolution No. 2011-251 to summarily vacate a drainage easement over a portion of Parcel A of ADJ 02-17 per Certificate of Compliance CE 03-15, recorded July 15, 2003 as File No. 2003-0838234. 2. Location Map. 3. Drainage Easement Document No. 73-144276 recorded May 29, 1973. 1 RESOLUTION NO. 2011-251 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 4 CE03-15. PR 11-23 5" 6 7 Compliance CE 03-15, recorded July 15, 2003 as File No. 2003-0838234, known as Marbella Apartment Homes, formerly known as Summit at Carlsbad (SDP 00-17), have requested vacation of a drainage easement recorded on May 29, 1973 as Document No. 73-144276; and s? WHEREAS, the said drainage easement is defined as a "public service easement" per 10 Section 8306 of the California Streets and Highways Code; and 11 WHEREAS, the storm drain easement was dedicated to allow construction and 12 maintenance of a storm drain lateral as shown on drawing DWG168-4; and 13 WHEREAS, the storm drain lateral has been removed and replaced with a new storm CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A DRAINAGE EASEMENT OVER A PORTION OF PARCEL A OF ADJ 02-17, PER CERTIFICATE OF COMPLIANCE WHEREAS, The Irvine Company LLC, owner of Parcel A of ADJ 02-17 per Certificate of drain within Marron Road as shown on drawing DWG 403-9; and WHEREAS, the storm drain easement to be vacated is no longer needed for public utility or access purposes; and WHEREAS, this vacation is made pursuant to Section 8335 of the California Streets and Highways Code; and 14 15 16 17 18 ii WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; andi y WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public 20 interest to vacate the said easement. 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 25 Highway Code, the drainage easement recorded on May 29, 1973 as Document 73-144276 over a 26 portion of Parcel A of ADJ 02-17 per Certificate of Compliance CE 03-15, recorded July 15, 2003 27 " 28 1 2 3 4 5 6 as File No. 2003-0838234, Marbella Apartment Homes, formerly known as Summit at Carlsbad (SDP 00-17), shall be vacated. 3. That the City Clerk is directed to record this resolution, in the Office of the County Recorder of San Diego County. 4. That upon recordation of this resolution at the County Recorder's Office, the vacated easement no longer constitutes a public service easement. 7 /// 8 ; /// 9 /// 10 /// 11 /// 12 /// 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council 2 of the City of Carlsbad on the 25th day of October, 2011, by the following vote to wit: 3 .. AYES: Council Members Hall, Blackburn, Douglas and Packard. 4" 5 NOES: None. 6 7 ABSENT: Council Member Kulchin. s" 9 10 11 MATTHALL, Mayor 12 ATTEST: 13 14 15 lOfcRAINE M. WOOD, City Clerk 16 (SEAL) 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. I, Donna Heraty, Deputy City 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. 2011-251. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD. CALIFORNIA. TO SUMMARILY VACATE A DRAINAGE EASEMENT OVER A PORTION OF PARCEL A OF ADJ 02-17. PER CERTIFICATE OF COMPLIANCE CE 03-15. PR 11-23. 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 16th day of September, 2010. DONNA HERATY DEPUTY CITY CLERK (SEAL) LOCATION MAP EXHIBIT 2 CITY OF OCEANSIDE WO 7 TO SC4LE S/7E VICINITY MAP PACIFIC NOT TO OCEAN SCALE PROJECT NAME STORM DRAIN EASEMENT VACATION PROJECT NUMBER PR 11-23 EXHIBIT RAHN BY: ALFRED ROMERO, TRANSPROTAION DEPT. 7/6/1) D:\DEPAKntENTS_Projects\DEVELOPUENT-SERVICES\Teclalevy\dtig-403-9 CUl tSHI. • RECORDING REQUESTED ! City of Carlsbad 1200 Elm Ave. Carlsbad, CA 92008 city of Carlsbad 1200 Elm Ave. Carlsbad, CA 92008 L r MAIL TAX STATEMENTS TO city of Carlsbad si...i 1200 Elm Ave. Carlsbad, CA 92008 1718 A.ddl Cily j j ~\ j EXHIBIT 3 144276 .CLERK SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $ ..... !CT: .............................................. __ COMPUTED ON FULL VALUE OF PROPERTY CONVEYED, _ OR COMPUTED ON FULL VALUE LESS LIENS AND ENCUMBRANCES REMAINING AT TIME OF SALE. Signature of Declarant or Agent determining tax. Grant Deed TO 4O5.I CA ( I-7O)THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Carroll R. Kelly and Alice L. Kelly , husband and wife as joint tenants hereby GRANT(S) to the City of Carlsbad an easement for public drainage purposes ihe following described real property in the City of Carlsbad County of San Diego , State of California: See Exhibit "A" for legal description. assessor's parcel no. 167-030-23 All as shown for convenience sake on Attachment "A" , attached hereto and made a part hereof. /s ^^. rw.,1 April 30, 1973 ( ZLuLetC A /4?jC&/ Carroll R.- Kelly' STATE OF CALIFORNIA 1 , ' ./ ^ , /rmiiwrv m? San Diego [^ s /-./I, ^. .<. / \^ nn Anril 30, 1973 hefw mfl the 5,nfW- ^1 1 OP 7^. ftpl ] y = i»ned fl Notary PuM'T in anrf fnr AsiH ^latp. per^nnnlly appparf-H Carrol R. Kellv and ? x£t£^^x Oi"F ? £^&\ KATHRY to be the person__S_-_whose nampS ar6 subscribed to the within ' v^ji^^// PRINC; „,._.,_„., ,,)«•.,, " ! ! My Commission ExpiresWITNESS mv hand and jifficial seal. -, , ^ WS^hi^i^rtJVmJTjVvvinri \^ff^iu^j ^\^hLt&t^J Kattiryn L. Walker Name (Typed or Printed) (T!iU w-.i (<n- ..mi-iui rmur Title OrHpr \n. _ Fcrrnw r>r T .nqn Nn. ( ^^'vh CIAS. SEAL ! N L. WALKER'! BUC • CALIFORNIA ! ] PAL OFFICE IN ]i IEGO COUNTY 1 1 Oct. 28. 1975 !| MAIL TAX STATEMENTS AS DIRECTED ABOVE Legal Oescripticr 1720 W April 3 1973 Job No, 153 Q /•— NM// DEDICATION TO THE CITY OF CARLSBAD " FOR STORM DRAIN PURPOSES FROM CARROLL R. KELLY & ALICE L. KELLY, All that portion of Government Lot No. 3, Section 32, Township 11 South, , Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to Government Plat approved December 27, 1870, on file in the Office of the County Recorder of San Diego County and being more particularly described as follows: BEGINNING at a 2" iron pipe with a brass disc marked RCE"14705 and RCE 14900 at the easterly terminus of Marron Road as shown on Parcel Map No. 184 on file in the Office of the County Recorder of San Diego County; thence N 81° 06' 26" E, 943.80 feet; thence N 8° 53' 34" W, 8.00 feet to THE TRUE POINT OF BEGINNING; thence N 08° 53' 34" W, 80.00 feet; thence N 81° 08' 26" E, 15.00 feet; thence S 8° 53' 34" E, \ 80.00 feet; thence S 81° 06' 26" E, 15.00 feet to the TRUE POINT OF \ BEGINNING. 1719 \i r . , , , . .. .„„ CERTIFICATE OF ACCEPTANCESaid parcel contains 0.028 acres. - ~ — ' -- This is to certify that the interest in real property conveyed by the deed or grant d a t e d Ctj?A^£- ,3 c , I ? 7 J5 from faiUj^ to the City of Carlsbad, California, a. political corporation and/or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Carlsbad, Californiaj-p'ursuant to authority conferred by .R-eso'lu.tion #1537 of the City of Carlsbad adopted on July 2, 1968, and the' grantee consents to the record at.ion thereof by its duly auhorized offi'ce'r. ' ,. MARG&RET E. ADAMS*',--€d--trjj' Cite A 3*5, > 9 7-3 '••••'.;.';::!.•.••" V) rx X) ^0 !/ o ._• --•>'-'*u-i-'i'~liS=-ZMCXS':K.E, . >; z "7' > -if~, b _i u jk ;| K. • Pi «)