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HomeMy WebLinkAbout2014-06-17; City Council; 21631; Vacate Portions of Easements for Drainage, Sewer, Public Utility, Access Purposes Ponto Beachfront Village North of Avenida Encinas, West of Ponto Drive STV 13-05CITY OF CARLSBAD - AGENDA BILL AB# 21,631 SUMMARILY VACATE PORTIONS OF EASEMENTS FOR DRAINAGE, SEWER AND PUBLIC UTILITY AND ACCESS PURPOSES WITHIN PONTO BEACHFRONT VILLAGE AREA NORTH OF AVENIDA ENCINAS AND WEST OF PONTO DRIVE - STV 13-05 DEPT. DIRECTOR CITY ATTORNEY (2*^^ MTG. 06/17/14 SUMMARILY VACATE PORTIONS OF EASEMENTS FOR DRAINAGE, SEWER AND PUBLIC UTILITY AND ACCESS PURPOSES WITHIN PONTO BEACHFRONT VILLAGE AREA NORTH OF AVENIDA ENCINAS AND WEST OF PONTO DRIVE - STV 13-05 DEPT. DIRECTOR CITY ATTORNEY (2*^^ DEPT. CED SUMMARILY VACATE PORTIONS OF EASEMENTS FOR DRAINAGE, SEWER AND PUBLIC UTILITY AND ACCESS PURPOSES WITHIN PONTO BEACHFRONT VILLAGE AREA NORTH OF AVENIDA ENCINAS AND WEST OF PONTO DRIVE - STV 13-05 CITY MANAGER |^ RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2014-124 to summarily vacate portions of easements for drainage, sewer and public utility and access purposes northerly of Avenida Encinas and westerly of Ponto Drive, STV 13-05. ITEM EXPLANATION: Shopoff Land Fund II, LP, has filed an application on behalf of the property owner, LSF5 Carlsbad Holdings, LLC, a Delaware limited liability company, to vacate portions of easements for drainage, sewer and public utility and access purposes within the Ponto Beachfront Village area, north of Avenida Encinas and west of Ponto Drive, more particularly described in attached Exhibit A and shown for the sake of clarity in attached Exhibit B. These easements were granted to the City of Carlsbad by Batiquitos Pointe, a California limited partnership, per Map 11290, File No. 85-253280 recorded July 16, 1985. In 1994, two easements for public street and public utility purposes over the current improved alignments of Ponto Drive and Avenida Encinas were granted to the city by the Kaiza Poinsettia Corporation per Doc. No. 1994-0612498 and Doc. 1994-0612500, both recorded October 19, 1994. In 2011, the city vacated the unused and unimproved portion of Ponto Drive per Resolution No. 2011-177 recorded August 3, 2011 per Doc. No. 2011-0394673. The portions of the easements being vacated do not contain any city drainage, sewer or public utility facilities. The portions of the easements being vacated do not provide access to any city facility or any city maintained facility. The portion of the easements being vacated are not needed now nor will they be needed in the future. Staff is requesting that Council direct the City Clerk to record the attached resolution vacating the portions of the easements 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. Utility companies 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(5)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 • Poge2 FISCAL IMPACT: The easements were 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. 2014-124 to summarily vacate portions of easements for drainage, sewer and public utility and access purposes generally within the Ponto Beachfront Village area, STV 13-05. 2. Location Map. RESOLUTION NO. 2014-124 1 2 1^ A^ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 3 CALIFORNIA, TO SUMMARILY VACATE PORTIONS OF EASEMENTS FOR DRAINAGE, SEWER AND PUBLIC UTILITY AND ACCESS PURPOSES WITHIN THE PONTO BEACHFRONT VILLAGE AREA NORTH OF AVENIDA ENCINAS AND WEST OF PONTO DRIVE - STV 13-05. Q WHEREAS, Shopoff Land Fund II, LP, has filed an application on behalf of the property 7 owner, LSF5 Carlsbad Holdings, LLC, a Delaware limited liability company to vacate portions of 8 easements for drainage, sewer and public utility and access purposes generally within the Ponto 9 Beachfront Village area, north of Avenida Encinas and west of Ponto Drive granted to the City of ^ 0 Carlsbad per Map 11290, File No. 85-253280 recorded July 16,1985; and WHEREAS, the vacation is made pursuant to California Streets and Highways Code Division 9, Part 3, Chapter 4; and WHEREAS, the portions of the easements to be vacated are 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 the portions of the easements. 11 12 13 14 15 16 17 18 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 20 California, as follows: 21 1- That the above recitations are true and correct. 22 2. That pursuant to the California Streets and Highways Code Division 9, Part 3, Chapter 4, 23 said excess public easement, more particularly described in Exhibit A and shown for the 2^ sake of clarity in Exhibit B, shall be summarily vacated. 25 3. The City Clerk is directed to record this resolution, the attached legal description, and 26 the attached plat in the Office of the County Recorder of San Diego County. 27 " 28 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 4. That upon recordation of this resolution at the County Recorder's Office, said excess public easement no longer constitutes a public easement. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 17*'' day of June, 2014, by the following vote to wit: AYES: NOES: ABSENT: Council Members Hall, Packard, Wood, Schumacher and Blackburn. None. None. MATT HALL, Mayor ATTEST: BARBARA ENGLESQIsif City Clerk March 3, 2014 J.N. 131022 STV 13-05 EXHIBIT 'A' LEGAL DESCRIPTION SEWER, DRAINAGE, AND PUBLIC UTILITY & ACCESS EASEMENTS VACATION PONTO BEACHFRONT VILLAGE PARCEL 1: A 15' WIDE DRAINAGE EASEMENT IN LOT 2 OF BATIQUITOS POINTE, CARLSBAD TRACT 82-18, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS DEDICATED ON MAP THEREOF NO. 11290, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO JULY 3, 1985 AS FILE NO. 85-253280, INCLUDED WIHIN PARCEL 1 OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT ADJ 10-01 RECORDED JUNE 3, 2011 AS DOCUMENT NO. 2011-0284873 IN SAID CITY OF CARLSBAD. AREA = 0.056 ACRES MORE OR LESS PARCEL 2: A 15' WIDE SEWER EASEMENT IN LOT 2 OF BATIQUITOS POINTE, CARLSBAD TRACT 82-18, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS DEDICATED ON MAP THEREOF NO. 11290, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO JULY 3, 1985 AS FILE NO. 85-253280, INCLUDED WIHIN PARCEL 1 OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT ADJ 10-01 RECORDED JUNE 3, 2011 AS DOCUMENT NO. 2011-0284873 IN SAID CITY OF CARLSBAD. AREA = 0.035 ACRES MORE OR LESS PARCEL 3: ALL THAT PORTION OF A 25' WIDE SEWER AND DRAINAGE EASEMENT IN LOT 2 OF BATIQUITOS POINTE, CARLSBAD TRACT 82-18, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS DEDICATED ON MAP THEREOF NO. 11290, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO JULY 3, 1985 AS FILE NO. 85-253280, INCLUDED WIHIN PARCEL 1 OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT ADJ 10-01 RECORDED JUNE 3, 2011 AS DOCUMENT NO. 2011-0284873 IN SAID CITY OF CARLSBAD. AREA = 0.153 ACRES MORE OR LESS Page 1 of 2 March 3, 2014 J.N. 131022 PARCEL 4; ALL THAT PORTION OF A 32' WIDE PUBLIC UTILITY AND ACCESS EASEMENT IN LOT 2 OF BATIQUITOS POINTE, CARLSBAD TRACT 82-18, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS DEDICATED ON MAP THEREOF NO. 11290, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO JULY 3, 1985 AS FILE NO. 85-253280, INCLUDED WIHIN PARCEL 1 OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT ADJ 10-01 RECORDED JUNE 3, 2011 AS DOCUMENT NO. 2011-0284873 IN SAID CITY OF CARLSBAD. AREA = 0.129 ACRES MORE OR LESS 0:\legaldescriptions\071226\131022_EMT_Vacate.doc Page 2 of 2 LEGAL DESCRIPTION SEWER, DRAINAGE. AND PUBLIC UTILITY & ACCESS EASEMENTS IN LOT 2 OF BATIQUITOS POINTE, CARLSBAD TRACT 82-18 IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. AS DEDICATED ON MAP No. 11290 RECORDED JULY 16, 1985, INCLUDED WITHIN PARCEL 1 OF CERTinCATE OF COMPLIANCE FOR ADJUSTMENT PLAT ADJ 10-01 RECORDED JUNE 3, 2011 AS DOCUMENT NO 2011-0284873. LEGEND PARCEL LINE OF PARCEL 1 DOC NO 2011-0284873 RIGHT-OF-WAY EXISTING EASEMENT LINE PORTION OF EASEMENTS VACATED HEREON EXISTING EASEMENT SEE SHEET 3 FOR DATA TABLE m CITY ©F PACIFIC OCEAN CITY OF ENCINITAS CONSULT A^T 2710 Lokw Av8nu9 West Suits 100 Carisbod. Colifomlo 92010 760-9J1-7700 Fax: 760-931-8680 ODoyCon sultonts.com Civil Enginearing Pionning Processing Survaying VICINITY MAP NOT TO SCALE SHT. 1 OF 3 SHTS. EXHIBIT 'B' REQUESTED BY: SHOPOFF LAND FUND II, LP. PROJECT: PONTO BEACHFRONT VILLAGE DWG. STV 13-05 A.P.N. 216-140-43 DATE OCTOBER 2013 EXHIBIT 'B' l:\131022\Plals\EsmtVocate\1322AP01.dwg\Sheel1 Mar 04, 2014 8:29am Xrefs: 1322AP-EV; 1322AM AP .1. •PARCEL 1 UNE N63]825SE_(R) jAp NO- \ ^'^ A VENIDA ENCINAS PER MAP 11290 • \ \ N62'19'28r3R2 NOTE: SEE SHEET 3 FOR EASEMENT DA TA TABLE. PARCEL 1 UNE 2710 Loker Avonue West Suita too Cariabod. California 92010 760-931-7700 Foic 760-931-8680 ODoyCans ultants.com SCALE: 1" = 100' DATA TABLE DELTA/BEARING RADIUS LENGTH 1 A = 4379'37" 358.00' 271.76' 2 S 0517'43'' E 163.31' 3 A = 12'20'50" 358.00' 77.15' 4 S 13-36'14" W 101.82' 5 N 84'42'17" E 5.00' 6 S 05'17'43" E 265.21' 7 A = 0r58'57'' 358.00' 12.39' 8 S 26'41'35'' E 225.50' 9 S 6317'41" W 584' 10 A = 5735'40" 140.00' 140.73' 11 S 0536'45" W 29.74' SHT. 2 OF 3 SHTS. EXHIBIT 'B* REQUESTED BY: SHOPOFF LAND FUND II. LP. PREPARED BY: TIMOTHY a CARROLL JR. PROJECT: PONTO BEACHFRONT VILLAGE DWG STV 13-05 A.P.NI. 216-140-43 REQUESTED BY: SHOPOFF LAND FUND II. LP. PROJECT: PONTO BEACHFRONT VILLAGE DATF OCTOBER 2013 EXHIBIT 'B' 1 REQUESTED BY: SHOPOFF LAND FUND II. LP. LS 770(T1XP 12/31/14 \Sheet2 Mar 04, 2014 8:29am PROJECT: PONTO BEACHFRONT VILLAGE DATF OCTOBER 2013 EXHIBIT 'B' 1 EASEMENT TABLE EASEMENTS PER PREUMINARY REPORT BY CHICAGO TITLE COMPANY, ORDER NO 9684-996-U50, DATED MAY 9, 2013. NO DATE REG. DOC NO. BENEnCIARY NATURE OF EASEMENT ; 7-16-85 MAP NO 11290 PUBUC PUBUC DRAINAGE 2 7-16-85 MAP NO 11290 PUBUC PUBLIC SEWER 3 7-16-85 MAP NO 11290 PUBLIC PUBLIC SEWER & DRAINAGE 4 7-16-85 MAP NO 11290 PUBLIC PUBUC UTILITIES & ACCESS 5 7-23-54 BOOK 5310, PG. 473. OR CITY OF CARLSBAD ACCESS RIGHTS 6 10-19-94 F/N 1994-0612498 CITY OF CARLSBAD PUBLIC STREET & UTILITIES 7 10-19-94 F/N 1994-0612500 CITY OF CARLSBAD PUBLIC STREET cfi- UWTIES *PORTION INCLUDED WITHIN PARCEL 1 OF DOC 2011-0284873 VACATED HEREON CONSULT pA^ s" 2710 Loker Avenue West Suite 100 Carbbad, Callfornio 92010 760-931-7700 Fox: 760-931-8680 0 DayCon siiltonts.corn Civil Engineering Planning Processing Surveying SHT. 3 OF 3 SHTS. EXHIBIT 'B* REQUESTED BY: SHOPOFF LAND FUND II, LP PREPARED BY: TIMOTHYJ}r€jARR0LL. JR PROJECT: PONTO BEACHFRONT VILLAGE DWG. STV 13-05 A.P.N. 216-140-43 REQUESTED BY: SHOPOFF LAND FUND II, LP sScZ=^/y(^J/^ PROJECT: PONTO BEACHFRONT VILLAGE DATF OCTOBER 2013 REQUESTED BY: SHOPOFF LAND FUND II, LP LS 7700 EXP 12/31/14 \Sheet3 Mar 04, 2014 8:29am PROJECT: PONTO BEACHFRONT VILLAGE EXHIBIT 'B' LOCATION MAP NOT TO SCALE PROJECT NAME PONTO BEACHFRONT VILLAGE PROJECT NUMBER STV13-05 EXHIBIT PLOTTED BY: SCOTT EVANS PLOT DATE: 4/14/14 PA1H:D: \D£mOPM£NT P(?a£C7S\S7V\AUrOC/(0\STV)3-05.DI«S STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. I, Shelley Collins, Assistant City Clerk of the City of Carlsbad, County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original RESOLUTION NO. 2014-124, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD. CALIFORNIA. TO SUMMARILY VACATE PORTIONS OF EASEMENTS FOR DRAINAGE. SEWER AND PUBLIC UTILITY AND ACCESS PURPOSES WITHIN THE PONTO BEACHFRONT VILLAGE AREA NORTH OF AVENIDA ENCINAS AND WEST OF PONTO DRIVE - STV 13-05, passed approved and adopted by the Carlsbad City Council on June 17, 2014, with the original now on file in the Office of the City Clerk of the City of Carlsbad; that the same contains a full, true and correct transcript therefrom and of the whole thereof. Witness my hand and the seal of said City of Carlsbad, this 24th day of June, 2014. SHELLEY COLLINS, IplV^C ASSISTANT CITY CL (SEAL)