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Home My WebLink About2012-06-05; City Council; 20919; Summarily Vacate Portion of Easement for Slope and Construction Purposes Adjacent to Palomar Airport Road with the Palomar Commons STV 12-05CITY OF CARLSBAD - AGENDA BILL AB# 20,919 SUMMARILY VACATE A PORTION OF EASEMENT FOR SLOPE AND CONSTRUCTION PURPOSES ADJACENT TO PALOMAR AIRPORT ROAD WITHIN THE PALOMAR COMMONS PROJECT-STV 12-06 DEPT. DIRECTOR ^J^S,^ I^TG. 6/5/12 SUMMARILY VACATE A PORTION OF EASEMENT FOR SLOPE AND CONSTRUCTION PURPOSES ADJACENT TO PALOMAR AIRPORT ROAD WITHIN THE PALOMAR COMMONS PROJECT-STV 12-06 CITY ATTORNEY ^^0^ DEPT. CED SUMMARILY VACATE A PORTION OF EASEMENT FOR SLOPE AND CONSTRUCTION PURPOSES ADJACENT TO PALOMAR AIRPORT ROAD WITHIN THE PALOMAR COMMONS PROJECT-STV 12-06 CITY MANAGER , RECOMMENDED ACTION: ADOPT Resolution No. 2012-123 to summarily vacate a portion of an easement for slope and construction purposes adjacent to the south side of Palomar Airport Road, west of El Camino Real, STV 12-05 ITEM EXPLANATION: CSDI, LLC has filed an application to vacate a portion of an easement for slope and construction purposes adjacent to the south side of Palomar Airport Road west of El Camino Real. This easement was granted to the City of Carlsbad by the County of San Diego per Doc. # 1992-0443332 recorded July 15, 1992 to facilitate Project 3166, Palomar Airport Road and El Camino Real Widening. Language in said document states that the easement is to extinguish upon written certification by the City Engineer of the City of Carlsbad that construction of the slopes is completed and accepted and that the County of San Diego has established a program of slope maintenance to assure the continued stability of the slopes. Pursuant to City Council Resolution 95-99 accepting the construction of Palomar Airport Road and El Camino Real Widening, Project No. 3166, the City Engineer of the City of Carlsbad filed a Notice of Completion per Doc # 1995-0163420 recorded April 19, 1995. The city engineer has determined that the county's maintenance of the slope and landscaping within the slope easement constitute the establishment of a slope maintenance program. This vacation application is to finalize the intended extinguishment of the easement. Staff is requesting that Council direct the City Clerk to record the attached resolution, legal description and plat vacating that portion of the easement described therein in the Office of the County Recorder of San Diego County. Utility companies and pertinent city departments have been notified of the proposed easement vacation. No objections have been received. In accordance with the California Streets and Highways Code Division 9, Part 3, Chapter 4, staff is recommending that Council approve this vacation. 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: Steve Bobbett 760-602-2747 Steve.bobbett(a),carlsbadca.aov FOR C/ry CLERKS USE ONLY X COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • PAGE 2 FISCAL IMPACT: The easement was granted to the City for a no fee cost acquisition and the City will vacate portions of the easement for a no fee cost return to the property owner. The applicant has paid the standard fee for processing this vacation. EXHIBITS: 1. Resolution No. 2012-123 2. Location Map RESOLUTION NO. 2012-123 EXHIBIT 1 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, TO SUMMARILLY VACATE A PORTION OF AN EASEMENT FOR SLOPE AND 4 CONSTRUCTION PURPOSES ADJACENT TO THE SOUTH SIDE OF PALOMAR AIRPORT ROAD WEST OF EL CAMINO 5 REAL WITHIN THE PALOMAR COMMONS PROJECT. STV 12- 05^ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2Q 1. That the above recitations are true and correct. 21 2. That pursuant to the California Streets and Highways Code Division 9, Part 3, 22 Chapter 4, said excess public easement more particularly described in Exhibit A 23 and shown for the sake of clarity in Exhibit B, shall be summarily vacated. 24 3. The City Clerk is directed to record this resolution, the attached legal description 25 and plat in the Office of the County Recorder of San Diego County. 26 /// 27 /// 28 WHEREAS, CSDI, LLC applicant, on behalf of the property owner, the County of San Diego, has filed an application to vacate a portion of an easement for slope and construction purposes adjacent to the south side of Palomar Airport Road west of El Camino Real dedicated to the City of Carlsbad per Doc. # 1992-0443332 recorded July 15, 1992; and WHEREAS, the vacation is made pursuant to California Streets and Highways Code Division 9, Part 3, Chapter 4; and WHEREAS, that portion of the easement to be vacated is no longer required for public easement purposes; and, 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 that portion of the easement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1 4. That upon recordation of this resolution at the County Recorder's Office, the 2 portions of the easement so described in Exhibits A and B no longer constitute a 3 public easement. 4 /// 5 /// 6 /// 1 III 8 /// 9 /// 10 /// /// 12 /// 13 /// 14 /// 15 /// 16 /// 1^ /// 1S /// 19 /// 2° /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 28 •2- 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 5*^ day of June, 2012, by the following vote to wit: AYES: NOES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. None. ABSENT: None. MATT HAIL, Mayor ATTEST: DTI, As^tint City Clerk EXfflBIT "A" SLOPE EASEMENT VACATION LEGAL DESCRIPTION STV 11-05 PAGE 1 OF 1 THE LAND DESCRIBED HEREIN IS A PORTION OF PALOMAR AIRPORT IN LOT "G" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNL\, ACCORDING TO MAP THEREOF NO 823, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER NOVMEBER 16, 1896, LYING SOUTH OF PALOMAR AIRPORT ROAD, AS SHOWN ON RECORD OF SURVEY NO. 9939, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER FEBRUARY 27, 1985, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THAT EASEMENT FOR SLOPE AND CONSTRUCTION PURPOSES DESIGNATED AS PARCEL 91-0450-G PER DOCUMENT RECORDED JULY 15, 1992 AS DOCUMENT NO. 1992-0443332, OF OFFICL\L RECORDS. AS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. DATED THIS DAY OF 2012. DONALD ROY CURRY, L.Sr7846 EXP. 12/31/12 EXHBTT 'B' SLOPE EASBWeVT VACATION PLAT PAGE 1 OF 1 LEGAL DESCRIPTION A PORTION OF LOT G OF RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER NOVEMBER 16, 1896. NOHTH COUNTY ANIMAL CENTER PARCEL GRAPHIC SCALE PALOMAR COMMONS STV 11-05 OWNER COUNTY OF SAN DIEGO 5555 OVERLAND AVE. BUILDING 2. ROOM 110 SAN DIEGO, CA 92123 PREPARED BY APN 760-221-96 DONALD ROY CURRY. L.S. LICENSE EXP. 12-31-12 7846 DATE FUSCOE ENGINEERING INC. 6390 GREENWICH DR. NO. 170 SAN DIEGO, CA 92122 (858) 554-1500 EXHIBIT 2 LOCATION MAP NOT TO SCALE CITY OF OCCANSIOE SITE VICINITY MAP NOT TO SCALE PROJECT NAME PALOMAR COMMONS tmAmdYi MMS ROCKl OUKSEMO ENCNOMW 0£Pr. l2/07/imi\mANSP0IITATI0H FU LOCAHOH: PROJECT NUMBER STV 12-05 J\SIE\€_S0SBElT\«-O7-2m( EXHIBIT