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Home My WebLink About2013-07-09; City Council; 21287; Vacate Easement Hummingbird Rd Dove St STV 11-03CITY OF CARLSBAD - AGENDA BILL 10 AB# 21.287 SUMMARILY VACATE A PORTION OF AN EASEMENT FOR DEPT. DIREaOR MTG. 7/9/13 DRAINAGE, GENERAL UTIUTY AND ACCESS WITHIN THE AVIARA PROJECT NORTHERLY OF HUMMINGBIRD ROAD CITY ATTORNEY DEPT. CED AND EASTERLY OF DOVE STREET - STV 11-03 CITY MANAGER 9^ RECOMMENDED ACTION: ADOPT Resolution No. 2013-171 to APPROVE the summary vacation of a portion of an easement for general utility and access for sewer pump station and detention basin purposes within the Aviara Phase 1 development, generally located northerly of Hummingbird Road and easterly of Dove Street. ITEM EXPLANATION: J. D. Rock Dove LLC, filed an application on November 8, 2011 to vacate an easement for drainage, general utility and access for sewer pump station and detention basin purposes within the Aviara Phase I project northerly of Hummingbird Road and easterly of Dove Street. This easement was granted to the City of Carlsbad by Aviara Land Associates Limited Partnership per Map 12411 recorded June 29,1989. This easement was granted over Lots 123, 124, 125, 126 and 127 of Map 12411 in anticipation of the future need for a public sewer pump station and to provide for a temporary de-siltation basin required for the construction of Aviara Phase I, Unit C and Phase II, Unit F. The need for a public sewer pump station did not materialize. Following completion ofthe construction of Aviara Phase I, Unit C and Phase II, Unit F, all five lots were re-graded. A smaller de-siltation basin was reconstructed on Lot 127 and Lots 123, 124, 125 and 126 were re-graded for the construction of four single family residences per approved by CDP 13-03 and SDP 13- 01. The portion of the easement to be vacated does not provide access to any city facility or any city-maintained facility. The portion of the easement to be vacated 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 portion of the easement described therein in the Office ofthe 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. DEPARTMENT CONTACT: Steve Bobbett 760-602-2747 steve.bobbett@carlsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED 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 the portion of said 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. 2013-171 to summarily vacate a portion an easement for drainage, general utility and access for sewer pump station and detention basin purposes within Lots 123,124, 125 and 126, Map 12411, STV 11-03 2. Location Map 3. Legal description and plat of vacation. 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 EXHIBIT 1 RESOLUTION NO. 2013-171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A PORTION OF AN EASEMENT FOR DRAINAGE, GENERAL UTILITY AND ACCESS WITHIN THE AVIARA PROJECT NORTHERLY OF HUMMINGBIRD ROAD AND EASTERLY OF DOVE STREET - STV 11-03 WHEREAS, J.D. Rockdove LLC has filed an application to vacate an easement for drainage, general utility and access for sewer pump station and detention basin purposes within the Aviara project, located northerly of Hummingbird Road and easterly of Dove Street, granted to the City of Carlsbad by Aviara Land Associated Limited Partnership per Map 12411 recorded June 29,1989; 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 WHERESS, 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. 2. That pursuant to the California Streets and Highways Code Division 9, Part 3, Chapter 4, said excess public easement shall be summarily vacated. 3. 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, said portion ofthe easement no longer constitutes a public easement. 3 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 ofthe City of Carlsbad on the 9th day of July 2013, by the following vote to wit: AYES: NOES: Council Members Hall, Wood, Blackburn, Douglas. None. ABSENT: Council Member Packard. MATT HALL, Mayor ATTEST: BARBARA ENGLESON, CitfClerk LOCATION MAP NOT TO SCALE PROJECT NAME VACATION OF EASEMENT FOR DRAINAGE, GENERAL UTILITY AND ACCESS PROJECT NUMBER STV11-03 EXHIBIT PLOUED BY: SCOTT EVANS PLOT DATE:6/3/13 PATH:D:\DEVELOPMENT PR0JECTS\SJV\STV11-03.DWG EXHIBIT 3 EXHIBIT "A" LEGAL DESCRIPTION (EASEMENT QUITCLAIM) THAT PORTION OF THE DRAINAGE, UTILITY AND ACCESS EASEMENT FOR SEWER PUMP STATION AND DETENTION BASIN PURPOSES LYING WITHIN LOTS 123, 124, 125 AND 126, AS SAID EASEMENT WAS DEDICATED TO THE CITY OF CARLSBAD PER TRACT 85-35, AVIARA PHASE I UNIT C, ACCORDING TO MAP THEREOF N0.12411, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 29, 1989. DOL^^S B. STROUP P.LS. 8553 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 1 OF 1 :PV M:\2785\01\Legal DescriptionVK03 Drainage Esmt Quitclaim Lots 123-126 REVISED docx WO 2785-01 6/4/13 EXHIBIT 3 SCALE r=60' LEGEND INDICATES PORTION OF DRAINAGE, GENERAL UTILITY AND ACCESS EASMENT FOR SEWER PUMP STATION AND DETENTION BASIN / PURPOSES OVER ALL OF LOTS 125 THROUGH/ 126 INCLUSIVE TO THE CITY OF CARLSBAD / . H PER MAP NO. 12411 TO BE VACATED. / ^ ^P^ AREA = 0.709 ACRES HUNSAKER &ASSOCL\TES SAN DIECa INC nmWC 9707 WMH Street mONSKMC San Dietok Ca 92121 SUKVEVMC PH(858)SSMS00-FX(8S8)S5>'1414 —- 4 i-ir" A R.\nqfi7\8.MaD\EP ESMT Quitclaim Lots 123-127 SHT 01.DWGC]Jun-04-2013.15.57 W.O. 2785-01 SHEET 1 UF 1 QUITCLAIM PLAJ - C/TY OF CARLSBAD APPUCANT: HUNSAKER & ASSOCIATES SAN DIEGO. INC. 9707 WAPLES STREET SAN DIEGO, CA 92121 ' PHONE 858-558-4500 PREPARED ^ PROJECT: CT 85-J5C PR. n-OJ AP.N/S: 215-600-23. 24. 25. & 27 APPUCANT: HUNSAKER & ASSOCIATES SAN DIEGO. INC. 9707 WAPLES STREET SAN DIEGO, CA 92121 ' PHONE 858-558-4500 PREPARED ^ PROJECT: CT 85-J5C PR. n-OJ EXHIBIT "B" APPUCANT: HUNSAKER & ASSOCIATES SAN DIEGO. INC. 9707 WAPLES STREET SAN DIEGO, CA 92121 ' PHONE 858-558-4500 mMPsd. STROUP LS. 8553 EXP. 12/31/14 PROJECT: CT 85-J5C PR. n-OJ EXHIBIT "B"