HomeMy WebLinkAbout2013-01-08; City Council; 21082; Vacate Easement Villa Real Apartment STV 12-03CITY OF CARLSBAD - AGENDA BILL
AB# 21,082 SUMMARILY VACATE AN EASEMENT FOR
GENERAL ACCESS PURPOSES WITHIN THE
VILLA REAL APARTMENT PROJECT WESTERLY
DEPT. DIRECTOR 2
MTG. 1/8/2013
SUMMARILY VACATE AN EASEMENT FOR
GENERAL ACCESS PURPOSES WITHIN THE
VILLA REAL APARTMENT PROJECT WESTERLY CITY ATTORNEY
DEPT. CED OF AVENIDA DE ANITA AND SOUTHERLY OF
MARRON ROAD - STV 12-03
CITY MANAGER 3^
RECOMMENDED ACTION:
Adopt Resolution No. 2013-002 to summarily vacate a portion of an easement for general
access purposes within the Villa Real apartments, generally located westerly of Avenida de Anita and
southerly of Marron Road, STV 12-03.
ITEM EXPLANATION:
Douglas P. Wilson of Douglas P. Wilson Companies, appointed as "Receiver" pursuant to order of the
Superior Court of the State of California for the County of San Diego East County Division, Case No.
37-2008-00064181-CU-PP-EC dated April 16, 2012, has filed an application on behalf of the property
owner, Helix Assoc., a California limited partnership, to vacate an easement for general access
purposes within the Villa Real Apartment project westerly of Avenida de Anita. This easement was
granted to the City of Carlsbad by Helix Associates, a Limited Partnership per Doc. File/Page 77-
093918 recorded May 15, 1977. This easement does not provide access to any city facility or any
city-maintained facility. This easement is not needed now nor will it be needed in the future. Staff is
requesting that Council direct the City Clerk to record the attached resolution vacating the easement
described therein in the Office of the County Recorder of San Diego County.
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.
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. The applicant has paid the standard fee for
processing this vacation.
DEPARTMENT CONTACT: Steve Bobbett 760-602-2747 steve.bobbett(S:>carlsbadca.gov
FOR CITY 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 •
EXHIBITS:
Resolution No. 2013-002 to summarily vacate an easement for general access
purposes within the Villa Real apartment project westerly of Avenida de Anita and southerly of
Marron Road, STV 12-03.
Location Map.
RESOLUTION NO. 2013-002
EXHIBIT 1
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE AN
EASEMENT FOR GENERAL ACCESS PURPOSES WITHIN THE
4 VILLA REAL APARTMENT PROJECT WESTERLY OF AVENIDA
DE ANITA AND SOUTHERLY OF MARRON ROAD STV 12-03.
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21 2. That pursuant to the California Streets and Highways Code Division 9, Part 3,
22 Chapter 4, said excess public easement shall be summarily vacated.
23 3. The City Clerk is directed to record this resolution in the Office of the County
24 Recorder of San Diego County.
25 4 That upon recordation of this resolution at the County Recorder's Office, the
26 easement no longer constitute a public easement.
WHEREAS, Douglas P. Wilson of Douglas P. Wilson Companies applicant, on behalf of
the property owner, Helix Assoc., a California limited partnership, has filed an application to
vacate an easement for general access purposes within the Villa Real apartment project,
located westerly of Avenida de Anita and southerly of Marron Road, granted to the City of
Carlsbad per Document File/Page 77-093918 recorded May 15, 1977; 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 not 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 the easement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council
of the City of Carlsbad on the 8*^ day of January, 2013, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Blackburn and Douglas.
None.
ABSENT: None.
MATT (HALL, Mayor
ATTEST:
sistant City Clerk
(SEAL) ^H'o,^
EXHIBn2
LOCATION MAP
wor TO SCALE
PROJECT NAME
GENERAL ACCESS EASEMENT VACATION
PROJECT
NUMBER
STV12-03
EXHIBIT
PLOTTED BY: SCOfT EVANS PLOT DAm:11/27/12 PATH:D:\DEVELOPUENT PR0JECTS\STV\STV12-01D¥fG
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