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Home My WebLink About2012-11-27; City Council; 21051; Vacate Drainage Easement Gibraltar St STV 12-02CITY OF CARLSBAD - AGENDA BILL 21,051 SUMMARILY VACATE A12 FOOT WIDE DRAINAGE EASEMENT GENERALLY LOCATED AT 7547 GIBRALTAR STREET STV 12-02 DEPT. DIRECTOR ^TTO 11/27/12 SUMMARILY VACATE A12 FOOT WIDE DRAINAGE EASEMENT GENERALLY LOCATED AT 7547 GIBRALTAR STREET STV 12-02 CITY ATTORNEY DEPT. CED SUMMARILY VACATE A12 FOOT WIDE DRAINAGE EASEMENT GENERALLY LOCATED AT 7547 GIBRALTAR STREET STV 12-02 CITY MANAGER RECOMMENDED ACTION: ADOPT Resolution No. 2012-254 to summarily vacate a 12 foot wide drainage easement within Parcel 2 of a Certificate of Compliance recorded on August 27, 1984 as document number 84- 325375, and Parcel A of document no. 2008-0252174, generally located at 7547 Gibraltar Street, (STV 12-02). ITEM EXPLANATION: Coastal Living LLC, (owner) filed an application to vacate a 12 foot wide drainage easement generally located within Parcel 2 of Certificate of Compliance recorded on August 27, 1984 as document number 84-325375, and Parcel A of document no. 2008-0252174. The easement was dedicated to the San Diego County Flood Control District on November 18, 1969, before the said property was annexed to the City of Carlsbad on October 16, 1972 (East Carlsbad Annexation E-2.12). The drainage easement, described as Parcel 5 per document recorded November 18, 1969, file no. 211764 was dedicated pursuant to a condition of approval of San Diego Tract Map 2694-5 for access and maintenance purposes ofthe 48-inch RCP storm drain facility. Per Chapter 105, Section 51 ofthe San Diego Water Code, title to the easement is now vested in the City of Carlsbad, effective July 1, 1985. On March 3, 1970, the County of San Diego approved the realignment of the 48" RCP storm drain system. This change is reflected on sheet 17 of County of San Diego improvement plan TM 2694-5. As a result of the storm drain realignment, the drainage easement is no longer required for present or future use, and can be vacated. There are no other facilities within the easement. The vacation would not affect utility service or access to any city facilities or adjacent development. Utility companies and pertinent city departments have been notified of the proposed easement vacation. No objections have been received. In accordance with Sections 8333 and 8334 of the State of California Streets and Highways Code, staff is recommending that the 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: TecIa Levy 760-602-2733 tecla.levv(S).carlsbadca.aov FOR CITY CLERKS USE ONLY. X BOARD ACTION: APPROVED X CONTINUED TO DATE SPECIFIC • DENIED X 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 owner has paid the standard fee for processing this vacation. EXHIBITS: 1. Resolution No. 2012-254 to summarily vacate a 12 foot wide drainage easement generally located at 7547 Gibraltar Street (STV 12-02). 2. Location Map. EXHIBIT 1 12 13 14 18 19 20 24 25 26 RESOLUTION NO. 2012-254 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A 12 FOOT WIDE DRAINAGE EASEMENT GENERALLY LOCATED AT 7547 4 GIBRALTAR STREET (STV 12-02) WHEREAS, Coastal Living LLC, owner of Parcel 2 of Certificate of Compliance recorded on August 27, 1984 as document number 84-325375 (the property), filed an application to vacate a drainage easement, described as Parcel 5 per document recorded November 18, 1969, file no. ^ 211764 (the easement), that was offered to and accepted by the San Diego County Flood Control 9 District; and 10 WHEREAS, the property was annexed to the City of Carlsbad on October 16, 1972 ^ ^ (East Carlsbad Annexation E-2.12); and WHEREAS, pursuant to Chapter 105, Section 51 of the San Diego Water Code, title to the easement is now vested in the City of Carlsbad, effective July 1,1985; and WHEREAS, the easement to be vacated is defined as a "public street and utility easemenf per Sections 8333 and 8334 of the Califomia Streets and Highways Code; and 15 WHEREAS, the easement to be vacated is a utility easement not required for public 16 utility or access purposes; and <jy WHEREAS, this vacation is made pursuant to Section 8333 and 8334 of the California Streets and Highways Code; 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 said easement. 21 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 22 Califomia, as follows: 23 1. That the above recitations are true and connect. 2. That pursuant to Section 8333 and 8334 of the Califomia Streets and Highway Code, said drainage easement more particularly described in Exhibit A and as shown in Exhibit B, shall be summarily vacated. /// 27 /// J 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 3. The City Clerk is directed to record this resolution, the attached legal description and plat in the Office of the County Recorder of San Diego County. 4. That upon recordation of this resolution at the County Recorders Office, the portions of this easement no longer constitutes a public street and access easement. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 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 ofthe City Council of the City of Carlsbad on the 27th day of November, 2012, by the following vote to wit: AYES: NOES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard None. ABSENT: None. MATT'HALL, Mayor ATTEST: Karen R. Kundtz, Assistant City Clerk (SEAL) October 31, 2012 J.N. 121004 EXHIBIT 'A' VACATION OF DRAINAGE EASEMENT STV 12-02 A 12.00 FOOT WIDE EASEMENT FOR DRAINAGE STRUCTURE'S WITH THE RIGHT OF INGRESS AND EGRESS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, GRANTED TO THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, AS PARCEL 5 PER DOCUMENT RECORDED NOVEMBER 18, 1969 AS FILE NO. 211764, OFFICIAL RECORDS OF SAID COUNTY OF SAN DIEGO. LEGAL DESCRIPTION: SAID PROPERTY BEING DESCRIBED AS PARCEL No. 2 IN CERTIFICATE OF COMPLIANCE RECORDED ON AUGUST 27, 1984 AS FILE No. 84-J25J75 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY AND LOT A OF DOC 2008-0252174 BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS PLA T IS THE NAD83, ZONE 6, 1991.35 EPOCH GRID BEARING BETWEEN FIRST ORDER POINTS CLSB-020 & CLSB-024 PER RECORD OF SURVEY NO. 17271, LE N6J'47'49"W. LEGEND: () OCEANSIDE PROPERTY LINE EXISTING EASEMENT EASEMENT TO BE VACATED RECORD DATA PER CERT OF COMPLIANCE REC 8/27/84 AS F/N 84-325375 VISTA CITY OF UJ SAN MARCOS CITY OF ENCINITAS VICINnY MAP NO SCALE 0 N S U L T A^ T S 2710 Loker Avenue West Suite 100 CarlsbacJ, California 92010 760-931-7700 Fax: 760-931-8680 www.ocJayconsultants.com Civil Engineering Planning Processing Surveying STV 12-02 EXHIBIT 'B' SHT. 1 OF 2 SHTS, CITY OF CARLSBAD - VACATION DRAINAGE EASEMENT REQUESTED BY: COASTAL LIVING, LLC 814 S WESTGATE AVE. ^125 LOS ANGELES, CA 90049 PREPARED BY: NICHOLE A FINE RCE 8753 EXP 12/31/12 APN 216-290-47 216-592-01 HATF 10-31-2012 n-\n.^infin\n,^finAPOi-=;nR Hwn Nnv oi ?ni ? R-."^?nm ^ DOC ^'APN'^^^ OFFSITE PUBLIC STORM DRAIN EASEMENT TO THE CITY OF CARLSBAD FROM LA COSTA RESORT REC 5/02/2012 AS F/N 2012-0257558 20' WIDE SEWER EASEMENT TO LWD REC JUL Y 7. 2008 AS F/N 2008-0360878 (N3'35'41W 8.75') (N55'40'48"E 12.00J 0' 10* 20' WIDE SEWER EASEMENT LWD REC 06-02-2008 AS F/N 2008-0295020 40* 5* 20* SCALE: 1** = 40' VIDE DRAINAGE EASEMENT TO SAN DIEGO COUNTY FLOOD CONTROL DISTRICT REC 11-18-1969 AS F/P 211764 84- 12' WIDE DRAINAGE EASEMENT TO CITY OF CARLSBAD REC 03-10-1970 AS MAP No. 6600 0 N S U L T A^n^ 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 Civil Engineering Planning Processing Surveying STV 12-02 EXHIBIT 'B' SHT. 2 OF 2 SHTS, CITY OF CARLSBAD - VACATION DRAINAGE EASEMENT REQUESTED BY: COASTAL LIVING, LLC 814 S WESTGATE AVE. 0125 LOS ANGELES, CA 90049 PREPARED BY: NiaiOLE, A FINE - 'R.C.E 8753 EXP 12/31/12 APM 216-290-47 216-592-01 HATF 10-31-2012 n-\r),^infin\0,"^RnAP01-^;nR Hwn Nnv ni ?n>?wR-17nr EXHIBIT 2 LEGEND: 12' WIDE DRAINAGE EASEMENT TOBE VACATED - PROPERTY LINE PROJECT NAME VACATION DRAINAGE EASEMENT PROJECT NUMBER STV12-02 DRAWN BY: ALFRED ROUERO, TRANSPROTAION DEPT 10/30/12 C:\DepartmetnsJ>rojects\ENaNEERING-COUNTER\TedaJ.evy\sd_easement-mcatm