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Home My WebLink About2015-04-07; City Council; 21909; Summarily Vacate Public Drainage Easements Lot 483 Map 13386 2275 Calle Barcelona STV 14-02CITY OF CARLSBAD - AGENDA BILL AB# 21,909 •^TG. 4/7/15 DEPT. CED ADOPT RESOLUTION TO SUMMARILY VACATE PUBUC DRAINAGE EASEMENTS LOCATED ON LOT 483 OF MAP NO. 13386 AT 2275 CALLE BARCELONA, STV 14-02 DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: Adopt Resolution No. 2015-075 to summarily vacate public drainage easements located on Lot 483 of Map No. 13386 at 2275 Calle Barcelona. ITEM EXPLANATION: San Dieguito Union High School District, a California School District, owner of property located at 2275 Calle Barcelona, has filed an application to vacate public drainage easements. The easements were either dedicated per Map No. 13386 or per Document No. 1996-0636769, both recorded on December 20, 1996. The easements are over drainage pipes that carry drainage from de-silting basins constructed during mass grading ofthe property in 1999. It is not clear why public drainage easements were recorded over the drainage pipes since the drainage facilities are accepting private drainage. The easements may have been recorded to give the city the ability to immediately correct any siltation entering the public storm drain system should the property owner fail to address such situations in a timely manner. Regardless, the school district is currently processing grading permits on the property to construct recreational ball fields, onsite parking and restrooms. Once development is completed, the siltation threat will be removed. Most of the drainage pipes will remain to accept private drainage from newly constructed detention basins. The easements are no longer needed since the threat of siltation is removed and as before, the pipes will accept private drainage. Streets and Highways Code Section 8333 authorizes the summary vacation of a public service easement if the easement has been superseded by relocation, or determined to be excess by the easement holder and there are no other public facilities located with the easement. No other public facilities are located within the easement. The property owner has determined that the easements are excessive since the drainage pipes are not anticipated to accept public drainage. 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. The owner has paid the standard fee for processing this vacation. DEPARTMENT CONTACT: David Rick 760-602-2781 david.rick@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 • Public Drainage Easements on Calle Barcelona Page 2 of 2 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. EXHIBITS: 1. Resolution No. 2015-075 to summarily vacate public drainage easements located on Lot 483 of Map 13386 at 2275 Calle Barcelona 2. Location Map EXHIBIT 1 5 6 7 10 11 12 13 14 RESOLUTION NO. 2015-075 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, ^ CALIFORNIA, TO SUMMARILY VACATE PUBLIC DRAINAGE 4 EASEMENTS LOCATED ON LOT 483 OF MAP NO. 13386 AT 2275 CALLE BARCELONA - STV 14-02. WHEREAS, San Dieguito Union High School District, a California School District, owner of property at 2275 Calle Barcelona, has filed an application to vacate public drainage 8 easements on Lot 483 of Map No. 13386, file No. 96-636775, recorded December 20,1996; and 9 WHEREAS, the vacation is made pursuant to California Streets and Highways Code Division 9, Part 3, Chapter 4; and WHEREAS, the easements being vacated are public service easements as defined by California Streets and Highway Code 8306; and WHEREAS, the easements being vacated are no longer required for public 15 easement purposes; and 1^ WHEREAS, the easements being vacated are not useful as a non-motorized 17 18 19 20 21 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the 22 public interest to vacate the easements. 23 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 24 California, as follows: 25 1. That the above recitations are true and correct. 26 " 27 28 transportation facility; and WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and 1 2. That pursuant to the California Streets and Highways Code Division 9, Part 3, Chapter 4, said excess public easements, more particularly described in Exhibit A and shown for the sake of clarity in Exhibit B, shall be summarily vacated. 3. The City Clerk is directed to record this resolution, the attached legal description, and the attached plat in the Office ofthe County Recorder of San Diego County. 2 3 4 5 6 7 4. That upon recordation of this resolution at the County Recorder's Office, 8 said areas vacated no longer constitute public service easements. ' III 10 /// 11 /// 12 13 /// 14 /// " /// III 17 /// 18 /// 19 20 /// 21 /// 22 /// 23 /// 24 /// 25 26 /// 27 /// 28 4 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 7*^ day of April, 2015, by the following vote to wit: AYES: NOES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. None. ABSENT: None. MATR HALL, Mayor ATTEST: BARBARA ENGLESGfN, City Clerk (SEAL) A\^^^.!^p'o,^^ $ o .••\oR?*r4 ••..•^'''::, EXHIBIT "A" PUBLIC DRAINAGE EASEMENT VACATION LEGAL DESCRIPTION STV 14-02 APN 255-273-08 PAGE 1 OF 3 THE LAND DESCRIBED HEREIN IS LOCATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION OF LOT 483 OF THE CITY OF CARLSBAD TM NO. 88-03-02, ACCORDING TO MAP THEREOF NO. 13386 FILED nsf THE OFFICE OF THE SAN DIEGO COUNTY RECORDER DECEMBER 20, 1996, BEING PORTIONS OF THOSE PUBLIC DRAINAGE EASEMENTS DEDICATED AND ACCEPTED PER SAID MAP NO. 13386, TOGETHER WITH PORTIONS OF THOSE PUBLIC DRAINAGE EASEMENTS DEDICATED PER DOCUMENT RECORDED DECEMBER 20,1996, AS DOCUMENT NO. 1996-0636769, BOTH OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 483, SAID CORNER BEING ON THE SOUTHEASTERLY RIGHT-OF-WAY OF CALLE BARCELONA, 84.00 FEET WIDE, THENCE ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY AND THE NORTHWESTERLY BOUNDARY OF SAID LOT 483, NORTH 62°30'30" EAST 318.65 FEET TO THE NORTHWEST CORNER OF A PUBLIC DRAINAGE EASEMENT DEDICATED PER SAID MAP 13386 AND TRUE POINT OF BEGINNING OF PARCEL A; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY AND SAID BOUNDARY, NORTH 62°30'30" EAST 20.70 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A": THENCE LEAVE^G SAID RIGHT-OF-WAY AND SAID BOUNDARY, SOUTH 42°26'33" EAST 169.85 FEET; THENCE SOUTH 47°33'27" WEST 20.00 FEET; THENCE NORTH 42°26'33" WEST 175.19 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 3,450 SQUARE FEET OR 0.0792 ACRES OF LAND, MORE OR LESS. PARCEL B BEGINNING AT THE PREVIOUSLY DESCRIBED POINT "A", THENCE CONTINUING ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY AND SAID NORTHWESTERLY BOUNDARY, NORTH 62°30'30" EAST 316.40 FEET TO THE NORTHWEST CORNER OF A PUBLIC DRAINAGE EASEMENT DEDICATED PER SAID DOCUMENT NO. 1996- 0636769 AND SAID MAP 13386 AND THE TRUE POINT OF BEGINNING OF PARCEL B; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY AND SAID BOUNDARY, NORTH 62°30'30" EAST 20.00 FEET TO A POINT HEREINAFTER REFERRED TO AS EXHIBIT "A" PUBLIC DRAINAGE EASEMENT VACATION LEGAL DESCRIPTION STV 14-02 APN 255-273-08 PAGE 2 OF 3 POINT "B"; THENCE LEAVING SAID RIGHT-OF-WAY AND SAID BOUNDARY, SOUTH 27°29'30" EAST 35.00 FEET; THENCE SOUTH 32°14'31" EAST 116.92 FEET; THENCE SOUTH 58°32'42" WEST 20.01 FEET; THENCE NORTH 32°12'21" WEST 118.31 FEET; THENCE NORTH 27°29'30" WEST 35.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 3,049 SQUARE FEET OR 0.0700 ACRES OF LAND, MORE OR LESS. PARCEL C BEGINNING AT THE PREVIOUSLY DESCRIBED POINT "B", THENCE CONTINUING ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY AND SAID NORTHWESTERLY BOUNDARY, NORTH 62°30'30" EAST 82.36 FEET TO THE BEGEWING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 2208.00 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY, SAID BOUNDARY AND NORTHEASTERLY ALONG SAID CURVE, 146.38 FEET THROUGH A CENTRAL ANGLE OF 03°47'54" TO A POINT TO WHICH A RADIAL LINE BEARS NORTH 23°4r36" WEST, SAID POINT BEING THE NORTHWEST CORNER OF A PUBLIC DRAINAGE EASEMENT DEDICATED PER SAID DOCUMENT NO. 1996-0636769 AND THE TRUE POINT OF BEGINNING OF PARCEL C; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY, SAID BOUNDARY AND NORTHEASTERLY ALONG SAID CURVE, 20.01 FEET THROUGH A CENTRAL ANGLE OF 00°31'09" TO A POINT OF NON-TANGENCY, HEREINAFTER REFERRED TO AS POINT "C", A RADIAL LINE TO SAID POINT BEARS NORTH 23°10'27" WEST; THENCE LEAVING SAID RIGHT-OF- WAY, SAID BOUNDARY AND SAID CURVE, SOUTH 23°26'02" EAST 40.00 FEET; THENCE SOUTH 66°33'58" WEST 20.01 FEET (20.00 FEET PER SAID DOCUMENT NO. 1996-0636769); THENCE NORTH 23°26'02" WEST 40.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 800 SQUARE FEET OR 0.0184 ACRES OF LAND, MORE OR LESS. PARCEL D BEGINNING AT THE PREVIOUSLY DESCRIBED POINT "C". THENCE CONTINUING ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY, SAID NORTHWESTERLY 7 EXHIBIT "A" PUBLIC DRAINAGE EASEMENT VACATION LEGAL DESCRIPTION STV 14-02 APN 255-273-08 PAGE 3 OF 3 BOUNDARY AND NORTHEASTERLY ALONG SAID CURVE, 372.53 FEET THROUGH A CENTRAL ANGLE OF 09°40'01" TO A POINT OF NON-TANGENCY AT THE NORTHWEST CORNER OF A PUBLIC DRAINAGE EASEMENT DEDICATED PER SAID MAP 13386 AND THE TRUE POINT OF BEGINNING OF PARCEL D, A RADIAL LINE TO SAID POINT BEARS NORTH 13°30'26" WEST; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY, SAID BOUNDARY AND NORTHEASTERLY ALONG SAID CURVE, 20.00 FEET THROUGH A CENTRAL ANGLE OF 00°31'08" TO A POINT OF NON- TANGENCY, A RADIAL LINE TO SAID POINT BEARS NORTH 12°59'18" WEST; THENCE LEAVING SAID RIGHT-OF-WAY, SAID BOUNDARY AND SAID CURVE, SOUTH 13°14'52" EAST 76.98 FEET; THENCE SOUTH 76°45'08" WEST 20.00 FEET; THENCE NORTH 13°14'52" WEST 76.98 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 1,540 SQUARE FEET OR 0.0354 ACRES OF LAND, MORE OR LESS. ALL SUBJECT TO ALL COVENANTS, EASEMENTS AND AGREEMENTS OF RECORD. ALL AS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. DATED THIS DAY OF /0.e^^^J>^, 2014. DONALD ROY CURRY, L.Sr7846 EXP. 12/31/16 0 EXHIBIT 'B' PUBUC DRAINAGE EASEMENT VACATION PLAT VICINITY MAP CITY OF OCEANSIDE HIGHWAY, PAGE 1 OF 6 CITY OF VISTA CITY OF SAN MARCOS PACIFIC OCEAN CITY OF ENCINITAS NOT TO SCALE PROJECT STTE SDUHSD LA COSTA VALLEY SCHOOL SITE SVT 14-02 OWNER SAN DIEGUITO WJON HIGH SCHOOL DISTRICT 5951 VILLAGE CENTER LOOP ROAD SAN DIEGO. CA 92130 PREPARED BY APN 255-273-08 DONALD ROY CURRY, L.S LICENSE EXP. 12-51-16 '846 DATE FUSCOE ENGINEERING INC. 6390 GREENmCH DR. NO. 170 SAN DIEGO, CA 92122 (858) 554-1500 r2* LEGAL DESCRIPTION A PORTION OF LOT 485 OF THE CITY OF CARLSBAD TRACT NO. 88-05-2, ACCORDING TO MAP THEREOF NO. 15586. FILED IN THE OFFICE OF SAN DIEGO COUNTY RECORDER DECEMBER 20. 1996. AREAS PARCEL A 0.079 ACRES PARCEL B 0.070 ACRES PARCEL C .0.078 ACRES PARCEL D 0.0J5 ACRES EXHIBIT 'B' PUBUC DRAINAGE EASEMENT VACATION PLAT NOTE PAGE 2 OF 6 ALL BEARINGS, DISTANCES AND CURVE DATA USED HEREIN ARE RECORD PER MAP NO. 13386 POINT 'C T.P.OB. LINE TABLE NO. BEARING DISTANCE L1 N62°30'30"E 518.65' L2 N62°50'50"E 516.40' L3 A/62 ° JO'JO "E 82.56' P.OB. PARCEL A \) NW COR LOT 485 CURVE TABLE NO. DELTA RADIUS LENGTH C1 J'47'54" 2208.00' 146.58' €2 1 9°40'07" 2207.96' 572.55' LEGEND SCALE: 1" = 400' 200' 400' 800' INDICATES PROPERTY BOUNDARY INDICATES STREET RIGHT-OF-WAY INDICATES STREET CENTERLINE INDICATES DRAINAGE EASEMENT VACATION GRAPHIC SCALE SDUHSD LA COSTA VALLEY SCHOOL SITE SVT 14-02 OWNER APN 255-275-08 SAN DIEGUITO UNION HIGH SCHOOL DISTRICT 5951 VILLAGE CENTER LOOP ROAD SAN DIEGO, CA 92130 FUSCOE ENGINEERING INC. 6590 GREENWICH DR. NO. 170 SAN DIEGO. CA 92122 (858) 554-1500 LEGEND P.O.B T.P.O.B. EXHIBIT 'B' PUBLIC DRAINAGE EASEMENT VACATION PLAT INDICATES PROPERTY BOUNDARY INDICATES POINT OF BEGINNING INDICATES TRUE POINT OF BEGINNING INDICATES DRAINAGE EASEMENT VACATION PAGE 5 OF 6 TP.OB N62°J0'J0"E 20.70' TP.OB S47°55'27"W- 20.00' GRAPHIC SCALE SDUHSD LA COSTA VALLEY SCHOOL SITE SVT 14-02 OWNER APN 255-275-08 SAN DIEGUITO UW/ON HIGH SCHOOL DISTRICT 5951 VILLAIN CENTER LOOP ROAD SAN DIEGO, CA 92130 FUSCOE ENGINEERING INC. 6590 GREENWICH DR. NO. 170 SAN DIEGO, CA 92122 (858) 554-1500 EXHIBTT 'B' PUBUC DRAINAGE EASEMENT VACATION PLAT PAGE 4 OF 6 LEGEND P.O.B T.P.O.B. INDICATES PROPERTY BOUNDARY INDICATES POINT OF BEGINNING INDICATES TRUE POINT OF BEGINNING INDICATES DRAINAGE EASEMENT VACATION POINT 'B S58°52'42''W 20.01' SCALE: 1 0 20' 40 80' GRAPHIC SCALE SDUHSD LA COSTA VALLEY SCHOOL SITE SVT 14-02 OWNER SAN DIEGUITO UNION HIGH SCHOOL DISTRICT 5951 VILLAGE CENTER LOOP ROAD SAN DIEGO. CA 92130 APN 255-275-08 FUSCOE ENGINEERING INC. 6590 GREENWICH DR. NO. SAN DIEGO, CA 92122 (858) 554-1500 170 1 LEGEND EXHIBTT 'B' PUBLIC DRAINAGE EASEMENT VACATION PLAT INDICATES PROPERTY BOUNDARY INDICATES POINT OF BEGINNING INDICATES TRUE POINT OF BEGINNING INDICATES DRAINAGE EASEMENT VACATION L=20.01' R=2208.00' A=0°51'09' TP.OB. MAP 13386 LOT 483 APN 255-273-08 SCALE: 1" = 40' 20' 40' . 80' GRAPHIC SCALE PAGE 5 OF 6 POINT 'C PARCEL C S66°35'58''W 20.01' SDUHSD LA COSTA VALLEY SCHOOL SITE SVT 14-02 OWNER APN 255-275-08 SAN DIEGUITO mON HIGH SCHOOL DISTRICT 5951 VILLAGE CENTER LOOP ROAD SAN DIEGO. CA 92130 FUSCOE ENGINEERING INC. 6590 GREENWICH DR. NO. 170 SAN DIEGO. CA 92122 (858) 554-1500 EXHIBIT 'B' PUBLIC DRAINAGE EASEMENT VACATION PLAT PAGE 6 OF 6 LEGEND INDICATES PROPERTY BOUNDARY INDICATES POINT OF BEGINNING INDICATES TRUE POINT OF BEGINNING INDICATES DRAINAGE EASEMENT VACATION TP.OB. PARCEL 1=20.00' R=2208.00' 4=0"J7'08" POINT C 20.00' MAP 13386 LOT 483 APN 255-275-08 N I SCALE: 1" ^ 40' 0 20' 40' GRAPHIC SCALE SDUHSD LA COSTA VALLEY SCHOOL SITE SVT 14-02 OWNER APN 255-275-08 SAN DIEGUITO OA/JON H/6H SCHOOL DISTRICT 5951 VILLAGE CENTER LOOP ROAD SAN DIEGO, CA 92130 FUSCOE ENGINEERING INC. 6590 GREENWICH DR. NO. 170 SAN DIEGO, CA 92122 (858) 554-1500