HomeMy WebLinkAbout2013-08-27; City Council; 21336; Vacate Easement Bressi Ranch CT 02-19 STV 13-02CITY OF CARLSBAD - AGENDA BILL
21.336
8/27/13
DEPT. CED
SUMMARILY VACATE A PORTION OF AN EASEMENT FOR
GENERAL UTILITY AND ACCESS PURPOSES WITHIN
BRESSI RANCH PLANNING AREA 11, Cl 02-19,
SOUTHERLY OF KEENELAND DR. AND EASTERLY OF
MUIRFIELDS DR. - STV 13-02
DEPT. DIRECTOR
CITY ATTORNEY
CITY MANAGER 0^
2013-206 to APPROVE the summary vacation of a portion of an easement for
RECOMMENDED ACTION:
ADOPT Resolution No.
general utility and access purposes within Bressi Ranch PA 11, CT 02-19, generally located southerly of
Keeneland Dr. and easterly of Mulrfields Dr., STV 13-02.
ITEM EXPLANATION:
Paul Colucci has filed an application on behalf of the property owner, Bressi Ranch Community Association, a
California Nonprofit Mutual Benefit Corporation, to vacate a portion of an easement for general utility and
access purposes within Bressi Ranch PA 11. This easement was granted to the City of Carlsbad by Bressi
Gardenland, LLC, a Delaware Limited Liability Company per Map 14892 recorded October 8, 2004.
The easement was acquired for the purpose of extending sanitary sewer facilities through Bressi Ranch PA 11
southerly to Mica Road. During construction of said sewer, a shorter and more direct route from Bressi Ranch
PA 11 to Mica Road was developed. The city acquired the necessary public sewer and access easement over
this route. City Drawing 418-8, the sewer improvement plans for Bressi Ranch PA 11, were revised to reflect
this change in alignment, and approved. The sewer along the revised alignment has been constructed,
accepted by the city and is in service.
The portion of the original easement to be vacated does not provide access to any city facility or any city-
maintained facility. The portion of said 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 said 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.eov
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. 2013-206 to summarily vacate a portion of an easement for general utility and
access purposes within Bressi Ranch PA 11, generally located southerly of Keeneland Dr. and easterly
of Mulrfields Dr., STV 13-02
2. Location Map
3. Legal description and plat of vacation.
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EXHIBIT 1
RESOLUTION NO. 2013-206
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A PORTION
OF AN EASEMENT FOR GENERAL UTILITY AND ACCESS
PURPOSES WITHIN BRESSI RANCH PLANNING AREA 11, CT 02-
19, SOUTHERLY OF KEENELAND DR. AND EASTERLY OF
MUIRFIELDS DR. - STV 13-02
WHEREAS, Paul Colucci applicant, on behalf of the property owner, Bressi Ranch
Community Association, a California Nonprofit Mutual Benefit Corporation, has filed an application to
vacate a portion of an easement for general utility and access purposes within Bressi Ranch PA 11, granted
to the city of Carlsbad per Map 14892 recorded October 8, 2004; 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 ofthe City ofCarlsbad; 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.
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.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 27*^ day of August, 2013, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Blackburn and Douglas.
None.
ABSENT: None.
MATT HAIL, Mayor
ATTEST:
BARBARA ENGLESON, Cfty Clerk
LOCATION MAP
NOT TO SCALE
PROJECT NAME
GENERAL UTILITY & ACCESS EASEMENT VACATION
BRESSI RANCH PA 11
PROJECT
NUMBER
STV13'02
EXHIBIT
PLOTTED BY: SCOTT EVANS PLOT DATE:5/29/13 PATH:D: \DEVELOPUENT PROJECTS\STV\STV13-02.Dm 3
EXHIBIT 3
EXHIBIT 'A'
Legal Description for
GENERAL UTILITY AND ACCESS EASEMENT VACATION
STV 13-02
That certain portion of a General Utility and Access Easement granted to the City of
Carlsbad per Carlsbad Tract CT 02-19 in the City of Carlsbad, County of San Diego, State
of California, according to Map thereof no. 14892 filed In the Office of said County
Recorder on October 8, 2004, lying easterly ofthe following described line:
Commencing at a point on the Southerly line of said General Utility and Access Easement
located in Lot 27 of said map, said point being the easterly terminus of a portion of said
Southerly line which bears North 79°53'53" West, 89.86 feet; thence along said portion of
the Southerly line North 79°53'53" West, 46.53 feet to the True Point of Beginning;
thence leaving said Southerly line North 04°0r51" East, 20.11 feet to the Point of
Terminus, said point being on the Northerly line of said General Utility and Access
Easement and bears South 79°53'53" East, 3.06 feet from the Southeast corner of Lot 5 of
said Map no. 14892.
Said parcel contains 0.431 acre, more or less.
All bearings and distances in the above legal description are grid, and based upon the
California Coordinate System, Zone 6, N.A.D. 83, Epoch 1991.35.
This legal description was prepared by me or under my direction In conformance with the
California Professional Land Surveyors' Act.
GARY l. m& DATE
LS 7019
PAGE 1 OF 1
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LEGAL DESCRIPVON^
A PORWN OF LOT 27 OF CARLSBAD
TRACT CT 02-19, BRESSI RANCH, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 14892.
ASSESSORS PARCEL NO:
213-250-27
BASIS OE BEARINGS:
THE BASIS OF BEARINGS FOR THIS
DRAWING IS THE SOUTH UNE OF LOT 27
AS SHOWN ON CARLSBAD TRACT CT 02-19,
ACCORDING TO MAP THEREOF NO. 14892.
N 8918'03' W
P.aC. INDICATES PaNT OF COMMENCEMENT
r.p.aa INDICATES TRUE POINT OF BEGINNING
p.ar. INDICATES POINT OF TERMINUS
^ INDICATES GENERAL UTIUTY AND
ACCESS EASEMENT, VACATED
AREA = 0.431 ACRE
mm mp
NO SCALE
EXHIBIT 3
GARY L HUS, 7019 DATE EXHIBIT 'B
SHEET 1 OF 2
GENERAL UTIUTY AND ACCESS EASEMENT VACATION " OTY OF CARLSBAD
APPUCANT:
LAND INTERESTS, INC.
9830 IRVINE CENTER DRIVE
IR VINE. CA 92618
PREPARED BY:
PROJECT DESIGN CONSULTANTS
701 B STREET, SUITE 800
SAN DIEGO, CA 92101
A.P.N. 213-250-27
CT 02-19
STV 13-02
T:\Mapping\2407\2407.20\Plats\GUE Esmt\38W_GUE Vacation.dwg Mar 20. 2013
23B
227
^-y.226
CARLSBAD TRACT
CT 02-14 UNIT NO. 3
mp NO. 14774^
\^03 /304'^o^goe
_i_BXHI m
28
25
284 \
/^^^i286
N
334
\ ^
GENERAL\UTIUTY AND\
ACCESS EASEMENT GRANTED v
ro THE CITY OF CARLSBAD
PER MAP NO. 14892
266
CARUSBADXTRACT
6 ^CT 02^19
BRBSSI
MAP NO./14&92
FjANChI
27
283 \
CARLSBAD TRACT
^2-14 UNIT NO. 4
4^AP /Nd:^4776
V V^X. /27d/
100' 200'
1277/
/ 276 /
P.ar.
j.p.ag./
LOT 6 I
/
GENERAL UVUTY AND
ACCESS EASEMENT GRANTED
TO THE CITY OF CARLSBAD
PER PR 13-02
/ ^ \ .
CARLSBAD
TRACT^ \^
CT(O2^4
UNJT\^^6.^
MAP NO. \
CARLSBAD TRACT CT 99-03
^^MAP NO. 14S43
GENERAL UTIUTY AND ACCESS
EASEMENT GRANTED TO THE CITY
OF CARLSBAD PER MAP NO 14892
LOT 7
LINE TABLE
LINE BEARING LENGTH
Ll N79'53'53''W 46.53'
L2 N04V1'51''E 20.11'
L3 S79'53'53''E 3.06'
EXHIBIT 'B'
SHEET 2 OF 2
GENERAL UTIUTY AND ACCESS EASEMENT VACATION - OTY OF CARLSBAD
APPUCANT:
LAND INTERESTS, INC.
9830 IRVINE CENTER DRIVE
IRVINE, CA 92618
PREPARED BY:
PROJECT DESIGN CONSULTANTS
701 B STREET, SUITE 800
SAN DIEGO. CA 92101
A.P.N 213-250-27
CT 02-19
STV 13-02
T: \Mapping\2407\2407.20\Plats\GUE Esmt\3810_GUE Vacation.dwg Mar 20, 2013 rr