HomeMy WebLinkAbout2014-10-21; City Council; 21764; Vacate Abutters' Rights of Easement El Camino Real, Lot 1 of CT 98-07 STV 14-01CITY OF CARLSBAD - AGENDA BILL
AB#
MTG.
DEPT.
21.764
10/21/14
CED
SUMMARILY VACATE A PORTION OF THE
RELINQUISHED ABUTTERS' RIGHTS OF ACCESS
EASEMENT BETWEEN EL CAMINO REAL AND LOT 1
OF CT 98-07, STV 14-01
DEPT.DIRECTDR
CITY ATTY. gtfC^
CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 2014-244 to summanly vacate a portion ofthe relinquished abutters'
rights of access easement between El Camino Real and Lot 1 of CT 98-07, to allow a new driveway on
El Camino Real to the existing ViaSat campus at 6155 El Camino Real.
ITEM EXPLANATION:
Levine Investments Limited Partnership, a Anzona limited partnership, owner of property located at
6155 El Camino Real, has filed an application on behalf of Viasat to vacate a portion of the
relinquished access rights fronting El Camino Real. The relinquishment of abutters' nghts of access
easement was dedicated per Map No. 13716 (CT 98-07, Lincoln Northpolnte) and recorded with the
map on December 31,1998. The vacation would allow access for a new driveway on El Camino Real
to serve the ViaSat campus at 6155 El Camino Real.
On May 21, 2014, the Planning Commission approved Resolution No. 7050 for several public
improvements at the intersection El Camino Real and Gateway Road. One of these improvements
includes adding a new left turn/u-turn lane in the El Camino Real median for northbound traffic
turning west to the Viasat campus. A new driveway aligned with the left turn would be constructed
to provide access to the campus. The driveway is designed for ingress only. Egress will be prohibited.
A condition of approval was added to the Resolution requinng the owner to vacate the portion of the
relinquished abutters' nghts of access that aligns with this new dnveway. Approval of this vacation
will satisfy this condition of approval and establish legal access from El Camino Real to the ViaSat
campus.
Streets and Highways Code Section 8331 authorizes the summary vacation of a street ifthe street has
been impassible for vehicle travel for five consecutive years and no public money was expended for
maintenance on the street dunng this period. The relinquishment of abutters' rights of access has by
definition made the easement impassible for vehicles. No access way for vehicles has existed over
this easement in the last five years nor has any public money been spent to maintain the easement.
No public facilities are located within the area to be vacated.
DEPARTMENT CONTACT: David Rick 760-602-2781 david.rick@carlsbadca.gov
FOR CLERK USE.
COUNCIL ACTION: APPROVED K CONTINUED TO DATE SPECIFIC •
DENIED CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER - SEE MINUTES •
AMENDED • REPORT RECEIVED •
Since the proposed vacation does not alter the El Camino Real nght-of-way or any utility easement
boundary, no city department or public utility company will be effected by the easement vacation.
Therefore, reservation of a utility easement is not necessary.
FISCAL IMPACT:
The easements were 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. Since this request vacates a boundary
rather than an area, no land will be returned to the tax roll. The owner has paid the standard fee for
processing this vacation.
ENVIRONMENTAL IMPACT:
The easement vacation, included in the design of SUP 98-03(D), SDP 14-04(A) El Camino Real at ViaSat
Lot 1 which was approved by the Planning Commission on May 21, 2014, remains within the scope of
the categoncal exemption from CEQA as identified in finding No. 11 of Planning Commission
Resolution No. 7050.
EXHIBITS:
1. Location Map
2. Resolution No. 2014-244 summarily vacating a portion of the relinquished abutters'
rights of access easement between El Camino Real and Lot 1 of CT 98-07
3. Legal description and plat.
LOCATION MAP
FUTURE DRIVEWAY-
SITE
(AREA TO BE VACATED)
NOT TO SCALE
PROJECT NAME EL CAMINO REAL AT VIASAT
L0T1
PROJECT
NUMBER
STV14-01
EXHIBIT
1
PLOTTED BY: SCOU EVANS PLOT DATE:9/17/14 PATH:D:\DEVELOPUENT PROJECTS\STV\AUTOCAD\ST^4-01.DVIG
EXHIBIT 2
11
12
13
14
24
25
26
27
28
RESOLUTION NO. 2014-244
1
2 „
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
3 CALIFORNIA, SUMMARILY VACATING A PORTION OF THE
RELINQUISHED ABUTTERS' RIGHTS OF ACCESS EASEMENT
BETWEEN EL CAMINO REAL AND LOT 1 OF CT 98-07
WHEREAS, Levine Investments Limited Partnership, a Anzona limited
partnership, owner of property descnbed as Lot 1 of CT 98-07, in the City of Carlsbad, County of
8 San Diego, State of California, according to Map thereof No. 13716 filed in the Office of the
9 County Recorder of San Diego County 1998-865598 recorded December 31, 1998, has filed an
application to vacate a portion of the relinquishment of abutters' nghts of access between El
Camino Real and Lot 1 of CT 98-07; and
WHEREAS, the Planning Commission on May 21, 2014 approved SUP 98-03(D)
and SDP 14-04(A) to allow a signalized left turn lane on El Camino Real at the intersection of
15 Gateway Road and a new dnveway to provide access to said property;
16 WHEREAS, SUP 98-03(D) and SDP 14-04(A) via Condition No. 27 of Planning
17
Commission Resolution No. 7050 contemplated the vacation of a portion of the relinquished
18
abutters' nghts of access easement between El Camino Real and Lot 1 of CT 98-07; and
19
WHEREAS, the City Engineer has determined that the 79.04 foot long vacated
20
2.| portion of the relinquished abutters' nghts of access easement aligned with said driveway is not
22 needed for present or future street purposes; and
23 WHEREAS, this vacation is made pursuant to Section 8331 of the California
Streets and Highways Code; and
WHEREAS, the relinquishment of abutters' nghts of access is not useful as a non-
motorized transportation facility; and
1 WHEREAS, the proposed vacation is in accordance with Growth Management
^ Policies and is consistent with the General Plan ofthe city; and
WHEREAS, the City Council ofthe City of Carlsbad has determined it to be in the
public interest to vacate said easement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cartsbad,
3
4
5
6
7 California, as follows that:
8 1. The above recitations are true and correct.
^ 2. It is Council's said intention to vacate, for public street purposes, a portion
10
11
12
13
14 Highway Code, said excess right-of-way more particularly described in Exhibit A and shown for
15 the sake of clarity in Exhibit B, shall be summanly vacated.
4. The City Clerk is directed to record this resolution, the attached legal
descnption and plat in the Office ofthe County Recorder of San Diego County.
5. That upon recordation of this Resolution at the County Recorders, this
easement no longer constitutes a public street or public service easement.
///
25
26
27
28
of the relinquishment of abutters' rights of access between El Camino Real and Lot 1 of CT 98-
07.
3. That pursuant to Division 9, Part 3, Chapter 4 ofthe California Streets and
16
17
18
19
20
21
22 ///
23 ///
24 ///
///
///
1 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
2 of Carlsbad on the 21st day of October 2014, by the following vote to wit:
AYES: Council Members Hall, Packard, Schumacher, Blackburn.
NOES: None.
ABSENT: Council Member Wood.
MATT HALL, Mayor
ATTEST:
3
4
5
6
7
8
9
10
11
12
13
14
15
16 BARBARA ENGLESON, (ZJfy Clerk
17 (SEAL)
18
19
20
21
22
23
24
25
26
27
28
JUNE 13, 2014
J.N. 131029
PAGE 1 OF 1
EXHIBIT "A"
LEGAL DESCRIPTION
STV 14-01
THAT PORTION OF THE EAST LINE OF LOT 1 OF CT 98-07, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 13716 FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, AS FILE NUMBER 1998-865598 RECORDED DECEMBER
31, 1998, ALSO BEING THE WESTERLY RIGHT-OF-WAY OF EL CAMINO REAL,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1, SAID POINT BEING
THE BEGINNING OF A 1937.00 FOOT RADIUS CURVE CONCAVE WESTERLY; A
RADIAL LINE TO SAID POINT BEARS NORTH 83°50'07" EAST; THENCE
SOUTHERLY ALONG THE ARC OF SAID CURVE AND SAID EASTERLY LOT LINE,
ALSO BEING THE WESTERLY RIGHT-OF-WAY OF EL CAMINO REAL, THROUGH A
CENTRAL ANGLE OF 08°54'19", AN ARC DISTANCE OF 301.06 FEET TO THE
TRUE POINT OF BEGINNING.
THENCE CONTINUING ALONG SAID 1937.00 FOOT CURVE, SAID EASTERLY LOT
LINE AND WESTERLY RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF
01°05'01", AN ARC DISTANCE OF 36.64 FEET TO THE BEGINNING OF A
COMPOUND 290.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE
SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
08°22'39" AN ARC DISTANCE OF 42.40 FEET.
O:\Legal_Descriptions\131029\ECR VACflTION.doc
1
o o
>, o
Q
O
CNI
EXHIBIT 'B'
LEGAL DESCRIPTION
PORTION OF LOT 1 OF CT 98-07. LINCOLN
NORTHPOINTE, IN THE CITY OF CARLSBAD.
COUNTY OF SAN DIEGO. STATE OF CAUFORNIA
PER MAP NO 13716. REO 12/31/98.
BASIS OF BEARINGS
THE BASIS OF BEARINGS FOR THIS PLAN IS
THE NORTHERL Y LOT LINE OF LOT 1 OF MAP
13716. I.E N 79'41'12" E
EXISTING EASEMENTS
\l\sLOPE RIGHTS & DRAINAGE PURPOSES TO COUNIY
OF SAN DIEGO REC. MARCH 12. 1970 AS F/N
44690 & 44691
PUBLIC ROAD PURPOSES TO COUNTY OF SAN DIEGO
REC NOVEMBER JO. 1972 AS F/N 320065
PUBLIC DRAINAGE UTILITIES AND ACCESS TO CITY
OF CARLSBAD PER MAP NO. 13716. REC
DECEMBER 31. 1998.
ACCESS RIGHTS RELINQUISHED TO EL CAMINO REAL
REC DECEMBER 31. 1998 AS MAP NO. 13716
PUBLIC UTILITIES & INGRESS/EGRESS TO SDG&E
REC JULY 6. 1999 AS F/N1999-0468729
'^DRIVEWAY ENCROACHMENT TO COUNTY OF SAN DIEGO
REC MAY 21. 2012 AS F/N 2012-0295404
W^PUBLIC STREET & UTILITY EASEMENT TO THE CITY
OF CARLSBAD REC JUNE 6 2012 AS F/N
2012-0330239
LEGEND
OCEANSIDE
j CITY OF VISTA
SITE
EXISTING RIGHT-OF-WAY
EXISTING LOT LINE
EXISTING EASEMENT
BUSINESS PARK DR.
CITY OF
SAN MARCOS
2710 Loker Avenue West, Suite
00 Carlsbad, California 92010
T: 760-931-7700
F: 760-931-8680
CITY OF ENCINITAS
wc/N/ry MAP
NO SCALE
CITY OF CARLSBAD
APPLICANT: VACATION DATE: JUNE 18, 2014
LEWE INVESTMENTS LIMITED
PARINERSHIP. AN ARIZONA
LIMITED PARTNERSHIP
2201 CAMELBACK RD SIE 650
PHOENIX AZ 85016
(602) 248-8181
PREPARED BY:
NICHOLE A. FINE
LS. 8753. EXP. 12/31/14
SHEET 1 OF 2 SHEETS
A.P.N. 213-100-01
STV 14-01
Xrefs: 1329AMAP; 1329V1C
o
"5 tn c o
o
o
Q
O
CVJ
EXHIBIT 'B'
/'6'5Z/C PEDESTRIAN
EASEMENT BY
SEPARATE INSTRUMENT
(P.R. 14-29)
2710 Loker Avenue West, Suite
00 Carlsbad, California 92010
T: 760-931-7700
F: 760-931-8680
0' 10'
5' 20'
SCALE: r = 40'
40'
CITY OF CARLSBAD
APPLICANT: VACATION DATE: JUNE 18. 2014
LEVINE INVESTMENTS UMITED
PARTNERSHIP. AN ARIZONA
LIMITED PARTNERSHIP
2201 CAMELBACK RD, STE 650
PHOENIX AZ 85016
(602) 248-8181
PREPARED BY:
NICHOLE A. FINE
LS. 8753 EXP. 12/31/14
SHEET 2 OF 2 SHEETS
A.P.N. 213-100-01
STV 14-01
Xrefs: 1329AMAP; 1329V1C