HomeMy WebLinkAbout2017-12-05; City Council; ; Adopt a Resolution to summarily vacate a portion of a public utility easement and a Resolution to summarily vacate a portion of a slope easement located on property at the southeast corner of El Camino Real and Cougar Drivethe side that abuts the property. No additional street widening, construction or grading is
anticipated on this side of the street. Therefore, the city no longer needs this slope easement.
The slope easement unnecessarily encumbers the property by aligning with a portion of the
proposed development.
Per Section 8333(c) of California Street and Highway Code, a public easement may be
summarily vacated if the easement has been determined to be excess by the easement holder
and there are no other public facilities located within the easement. The proposed vacation
complies with this definition.
Fiscal Analysis
The public utility easement being summarily vacated was for a no fee cost acquisition and the
city will vacate said easement for no fee. The slope easement being summarily vacated was for
a minimal cost acquisition and the city will vacate said easement for no fee since the city had
attained the full value of the easement. All fees necessary to process this vacation have been
paid by the developer.
Next Steps
The City Clerk will record these resolutions as well as the attached legal descriptions and plats
in the Office of the County Recorder of San Diego County. Upon the date that these resolutions
are recorded in the County Recorder's Office, the area being vacated no longer constitutes a
public utility easement nor a slope easement.
Environmental Evaluation (CEQA)
The City Planner has determined that the self-storage facility belongs to a class of projects that
the State Secretary for Resources has found not to have a significant impact on the
environment, and is therefore categorically exempt from the requirement for the preparation
of environmental documents pursuant to Section 15332, in-fill development, of the State CEQA
Guidelines.
Public Notification
No public notification is required for a summary vacation.
Exhibits
1. City Council Resolution approving a utility easement vacation
2. City Council Resolution approving a slope easement vacation
3. Location Map
December 5, 2017 Item #7 Page 2 of 24
RESOLUTION NO. 2017-226
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A SUMMARY VACATION OF ALL THAT
PORTION OF A PUBLIC UTILITY EASEMENT ACROSS PARCEL 3 OF
PARCEL MAP NO.18059, LOCATED AT THE SOUTHEAST CORNER OF
EL CAMINO REAL & COUGAR DRIVE.
CASE NAME: WEST COAST SELF STORAGE -CARLSBAD
CASE NO.: VAC 2017-0007
WHEREAS, the City Council of the City of Carlsbad, California has determined that Land
Development, LLC, a California limited liability company, owner of property at the southeast
corner of El Camino Real & Cougar Drive and more particularly described as Parcel 3 of Parcel
Map No. 18059, filed in the office of the County Recorder of San Diego County, July 2, 1998, has
filed an application to summarily vacate a public utility easement over said property; and
WHEREAS, the Planning Commission approved Planning Commission Resolution No. 7270
on October 18, 2017 approving Conditional Use Permit (CUP2017-0004) and Scenic Corridor
Special Use Permit (SUP 2017-0001) to allow for the construction and operation of an 83,672
square foot, three-story, split level, self-storage facility located on said property; and
WHEREAS, Engineering Condition No. 30 of Planning Commission Resolution No. 7270
required the developer to vacate a public utility easement excepted from vacated public street
right-of-way per City Council Resolution No. 90-133, recorded May 22, 1990, as document no.
90-280162 of official records of San Diego County, at the southeasterly corner of El Camino Real
and Cougar Drive.
WHEREAS, there are currently no active public utilities within the requested vacation; and
WHEREAS, this proposed vacation is made pursuant to Section 8333 of the California
Streets and Highway Code; and
WHEREAS, the public utility easement is not needed for present or future use by the city,
public or adjacent property owners; and
WHEREAS, the proposed vacation is not useful as a non-motorized transportation facility;
and
WHEREAS, the proposed vacation is in accordance with Growth Management Policies and
is consistent with the General Plan of the city; and
December 5, 2017 Item #7 Page 3 of 24
WHEREAS, the City Council of the 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 Carlsbad, California,
as follows:
1. That the above recitations are true and correct.
2. That the City Council hereby approves a summary vacation to vacate a portion of
a public utility easement excepted from vacated public street right-of-way per City
Council Resolution No. 90-133, recorded May 22, 1990, as document No. 90-
280162 of official records of San Diego County, at the southeasterly corner of El
Camino Real and Cougar Drive.
3. That pursuant to Division 9, Part 3, Chapter 4 ofthe California Streets and Highway
Code, said excess easement more particularly described in Exhibit A and shown
for the sake of clarity in Exhibit B, shall be summarily vacated.
4. The City Clerk is directed to record this resolution, the attached legal description
and plat in the Office of the 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.
December 5, 2017 Item #7 Page 4 of 24
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 2.!h day of December, 2017, by the following vote, to wit:
AYES: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
NOES: None.
ABSENT: None.
(SEAL)
December 5, 2017 Item #7 Page 5 of 24
EXHIBIT "A"
VAC 2017-0007
PAGE 1 OF 1
PUBLIC UTILITY EASEMENT VACATION
THAT PORTION OF THE UTILITY EASEMENT EXCEPTED FROM THE VACATION BY
RESOLUTION NO. 90-133, RECORDED MAY 22, 1990, AS DOCUMENT NO. 90-280162 OF
OFFICIAL RECORDS OF SAN DIEGO COUNTY (D1), LYING WITHIN PARCEL 3 OF PARCEL
MAP NO. 18059 (M1), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, JULY 2, 1998, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL 1, OF PARCEL MAP NO.
10060, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MAY 23,
1980, SAID CORNER BEING ALSO AN ANGLE POINT IN THE BOUNDARY OF THAT
CERTAIN 11.00 ACRE PARCEL OF LAND SHOWN ON RECORD OF SURVEY NO. 10421,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, FEBRUARY 13,
1986; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID 11.00 ACRE PARCEL
NORTH 21°11'37" WEST, 180.80 FEET (NORTH 21°32'35" WEST 180.83 FEET D1) TO THE
SOUTHEASTERLY RIGHT OF WAY LINE OF COUGAR DRIVE, 72 FOOT IN WIDTH, AS
DEDICATED ON AFOREMENTIONED PARCEL MAP NO. 18059; THENCE
SOUTHWESTERLY ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE SOUTH
58°34'36" WEST, 36.38 FEET (SOUTH 58°13'03" WEST, 36.37 FEET M1) TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS
OF 1164.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, THOUGH A
CENTRAL ANGLE OF 01°39'57" (01°39'56" 01) (01°40'02" M1), AN ARC DISTANCE OF 33.84
FEET (33.87 FEET M1) TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE
EASTERLY, HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHWESTERLY, SOUTHERLY
AND SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
98°43'32" (98°44'00" D1) (98°44"02" M1), AN ARC DISTANCE OF 43.08 FEET TO THE
BEGINNING OF A REVERSE CURVE,:CONCAVE SOUTHWESTERLY, HAVING A RADIUS
OF 1863.00 FEET, SAID CURVE BEING ALSO CONCENTRIC WITH AND NORTHEASTERLY
63.00 FEET FROM THE CENTERLINE OF EL CAMINO REAL AS SHOWN ON RECORD OF
SURVEY NO. 10674 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, AUGUST 14, 1986, A RADIAL LINE TO SAID CURVE BEARS NORTH 48°11'07"
EAST (NORTH 47°48'49" EAST D1) (NORTH 47°48'59" EAST M1); THENCE
SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 04°11'14"
(04°11'16" M1), AN ARC DISTANCE OF 136.15' FEET (136.17' M1) TO THE
SOUTHEASTERLY LINE OF PARCEL 3 OF AFOREMENTIONED PARCEL MAP NO. 18059;
THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 75°57'06" EAST, 44.35 FEET
(NORTH 75°35'53" EAST, 44.38 M1) TO THE POINT OF BEGINNING.
ALL AS SHOWN ON THE ATTACHED PLAT, MARKED EXHIBIT "B", WHICH BY THIS
REFERENCE HERETO IS INCORPORATED HEREIN AND MADE A PART HEREOF.
THE BEARINGS SHOWN HEREON ARE CALIFORNIA
COORDINATE SYSTEM 83, ZONE 6, NAD 83, EPOCH 1991.35.
GOLD COAST SURVEYING, INC. ,
/· / / ,/~g;;£c· C ;//41;-1;/z/; z
'BRUCE C. BONDE, PLS NO. 6144
December 5, 2017 Item #7 Page 6 of 24
I
DRAWN BY: B.C.B
DATE: 05/19/2017, REVISED: 11/07/2017
DWG. NO.: 2O1636.DWG
CHECKED BY: J.K.B.
- -EXHIBIT "B" 0 30 60 -120
SCALE: 1 "=60'
PORTION OF UTILITY EASEMENT PER D1
AREA ±11,767 SQ. FT.
PROJECT
~S£'LY LIN£
/ PAR. 3
~ PM 18059
/
PUBLIC UTILITY EASEMENT VACATION PLAT
WEST COAST SELF-STORAGE -CARLSBAD
APN 209-040-42-00
CARLSBAD, CA
) I
I I
PREPARED BY:
GOLD COAST SURVEYING, INC.
60) 758-7732 FAX (760) 758-7733
. BOX 1876 -VISTA C4 92085-1876
110 CMG CENTER DR. SUIT[ /208
VISTA, C4 92084 gcsi@att.net
December 5, 2017 Item #7 Page 7 of 24
RESOLUTION NO. 2017-227
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A SUMMARY VACATION OF ALL THAT
PORTION OF A SLOPE EASEMENT ON PARCEL 3 OF PARCEL MAP NO.
18059 FRONTING COUGAR DRIVE.
CASE NAME: WEST COAST SELF STORAGE-CARLSBAD
CASE NO.: VAC 2017-0007
WHEREAS, the City Council of the City of Carlsbad, California has determined that Land
Development, LLC, a California limited liability company, owner of property at the southeast
corner of El Camino Real & Cougar Drive and more particularly described as Parcel 3 of Parcel
Map No. 18059, filed in the office of the County Recorder of San Diego County, July 2, 1998, has
filed an application to summarily vacate a slope easement over said property; and
WHEREAS, the Planning Commission approved Planning Commission Resolution No. 7270
on October 18, 2017 approving Conditional Use Permit (CUP2017-0004) and Scenic Corridor
Special Use Permit (SUP 2017-0001) to allow for the construction and operation of an 83,672
square foot, three-story, split level, self-storage facility located on said property; and
WHEREAS, Engineering Condition No. 31 of Planning Commission Resolution No. 7270
required the developer to vacate a slope easement fronting Cougar Drive recorded per final order
of condemnation on November 2, 1990 as document No. 90-597613 of official records of San
Diego,
WHEREAS, said slope easement was dedicated to the city to allow for the construction of
slopes for construction of Cougar Drive; and
WHEREAS, Cougar Drive has been constructed and the city no longer needs to construct
or grade said slopes; and
WHEREAS, this proposed vacation is made pursuant to Section 8333 of the California
Streets and Highway Code; and
WHEREAS, the slope easement is not needed for present or future use by the city, public
or adjacent property owners; and
WHEREAS, the slope easement is not useful as a non-motorized transportation facility;
and
December 5, 2017 Item #7 Page 8 of 24
WHEREAS, the proposed vacation is in accordance with Growth Management Policies and
is consistent with the General Plan of the city; and
WHEREAS, the City Council of the 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 Carlsbad, California,
as follows:
1. That the above recitations are true and correct.
2. That the City Council hereby approves a summary vacation of a slope easement
recorded per final order of condemnation on November 2, 1990 as document no.
90-597613 of official records of San Diego, fronting Cougar Drive.
3. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highway
Code, said excess slope easement more particularly described in Exhibit A and
shown for the sake of clarity in Exhibit B, shall be summarily vacated.
4. The City Clerk is directed to record this resolution, the attached legal description
and plat in the Office of the 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.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 2:tb. day of December, 2017, by the following vote, to wit:
AYES: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
NOES: None.
ABSENT: None.
December 5, 2017 Item #7 Page 9 of 24
EXHIBIT "A"
VAC 2017-0007
PAGE 1 OF 2
SLOPE EASEMENT VACATION
THAT PORTION OF THE SLOPE EASEMENT DESCRIBED IN FINAL CONDEMNATION
ORDER RECORDED NOVEMBER 2, 1990 AS DOCUMENT NO. 90-597613 OF OFFICIAL
RECORDS OF SAN DIEGO COUNTY (02), LYING WITHIN PARCEL 3, OF PARCEL MAP NO.
18059, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, JULY 2, 1998, DESCRIBED AS FOLLOWS:
BEGINNING AT THE WESTERLY CORNER OF PARCEL 1, OF PARCEL MAP NO. 10060,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MAY 23, 1980,
SAID CORNER BEING ALSO AN ANGLE POINT IN THE BOUNDARY OF THAT CERTAIN
11.00 ACRE PARCEL OF LAND SHOWN ON RECORD OF SURVEY NO. 10421, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, FEBRUARY 13, 1986;
THENCE ALONG THE SOUTHEASTERLY LINE OF PARCEL 3 OF AFOREMENTIONED
PARCEL MAP 18059 AND THE NORTHEASTERLY PROLONGATION THEREOF NORTH
75°57'06" EAST 670.98 FEET (NORTH 75°35'44" EAST D2), (NORTH 75°35'53" EAST M1 ),
THENCE LEAVING SAID PROLONGATION NORTH 64°02'54" WEST, 464.19 FEET, (NORTH
64°24'16" WEST D2) TO THE BEGINNING OF A TANGENT CURVE, CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 662.00 FEET; THENCE NORTHWESTERLY
ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03°44'35", AN ARC DISTANCE
OF 43.25' FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 20.00 FEET; THENCE NORTHWESTERLY,
WESTERLY AND SOUTHWESTERLY, THROUGH A CENTRAL ANGLE OF 84°49'27"
(84°48'47" D2), AN ARC DISTANCE OF 29.61 FEET TO THE BEGINNING OF A REVERSE
CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 398.00 FEET; THENCE
SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 15°47'02",
AN ARC DISTANCE OF 109.64' FEET TO THE NORTHEASTERLY LINE OF PARCEL 3 OF
AFOREMENTIONED PARCEL MAP NO. 18059, BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTHWESTERLY ALONG LAST SAID CURVE, THROUGH A
CENTRAL ANGLE OF 15°24'30" AN ARC DISTANCE OF 107.03 FEET TO A LINE PARALLEL
WITH AND SOUTHEASTERLY 76.00 FEET FROM THE NORTHWESTERLY LINE OF THE
AFOREMENTIONED 11.00 ACRE PARCEL; THENCE ALONG SAID PARALLEL LINE SOUTH
58°34'36" WEST 101.63 FEET (SOUTH 58°12'45" WEST 101.74' D2) TO THE
SOUTHWESTERLY LINE OF SAID 11.00 ACRE PARCEL; THENCE ALONG SAID
SOUTHWESTERLY LINE SOUTH 21°11'37" EAST 42.00 FEET (SOUTH 21°32'35" EAST D1),
(NORTH 21°33'48" WEST M1); THENCE LEAVING SAID SOUTHWESTERLY LINE, NORTH
16°22'3011 EAST, 16.40' (NORTH 16°01'33" EAST D2); THENCE NORTH 48°28'46" EAST,
154.58' (NORTH 48°07'48" EAST, 155.24 FEET D2); TO THE BEGINNING OF A NON
TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 405.00 FEET
SAID CURVE BEING CONCENTRIC WITH AND SOUTHEASTERLY 7.00 FEET FROM THAT
December 5, 2017 Item #7 Page 10 of 24
EXHIBIT "A"
VAC 2017-0007
PAGE 2 OF 2
CERTAIN CURVE DESCRIBED ABOVE AS BEING CONCAVE NORTHWESTERLY AND
HAVING A RADIUS OF 398.00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 39°15'46"
EAST (SOUTH 39°42'18" EAST D2); THENCE NORTHEASTERLY ALONG SAID CURVE,
THROUGH A CENTRAL ANGLE OF 07°28'16", AN ARC DISTANCE OF 52.81 FEET TO THE
NORTHEASTERLY LINE OF PARCEL 3 OF AFOREMENTIONED PARCEL MAP NO. 18059;
THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE NORTH 41°12'10"
WEST 7.03 FEET, (NORTH 41 °34'44" WEST M1) TO THE TRUE POINT OF BEGINNING.
ALL AS SHOWN ON THE ATTACHED PLAT, MARKED EXHIBIT "B", WHICH BY THIS
REFERENCE HERETO IS INCORPORATED HEREIN AND MADE A PART HEREOF.
THE BEARINGS SHOWN HEREON ARE CALIFORNIA COORDINATE SYSTEM 83, ZONE 6,
NAO 83, EPOCH 1991.35.
GOLD COAST SURVEYING, INC.
December 5, 2017 Item #7 Page 11 of 24
SALK AVE
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DRAWN BY: B.C.B.
DATE: 05/19/2017, RE.VISED: 11/07/2017
DWG. NO.: 201636.DWG
CHECKED BY: J.K.B.
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PROJECT
EXHIBIT "B"
VAC 2017-0007
PAGE 1 OF 1
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EL CAMINO REAL
r -
SLOPE EASEMENT VACATION PLAT
WEST COAST SELF-STORAGE -CARLSBAD
APN 209-040-42-00
CARLSBAD, CA
0 50
RADIAL LINE DATA
R4 N 22'12'31" E Rod
R5 N 62.36'16" W Rod
R6 S 45·49'54" E Rad
RB S 39·15'45" E Rad
{S 39·42'18" E 02)
R9 N 46'44'02" W Rod
200
SLOPE EASEMENT VACATION DATA
02 FINAL CONDEMNATION ORDER,
Ml
El
E2
REC. 11/02/1990 AS
DOC NO. 90-597613 O.R.
PARCEL MAP NO. 18059
Ll=03'44'J5" R=662.00' L=43.25'
Ll=84'49'27" R=20.00' L=29.6t'
(Ll=84.48'47" R=20.00' L=29.61' 02)
E3 Ll=31'11'J2" R=398.00' L=216.67'
(lF=J/"10'23" R=398.00' L=216.54' 02)
E4 Ll=/5'47'02" R=398.00' L=/09.64'
ES Ll=15'24'30" R=398.00'L=107.03'
E6 S 58'34'36" W 101.63'
(S 58'12'45" W 101.74' 02)
E11 5 21"11'37" E 42.00'
(S 21·32'35" E 02)
(N 21°33'48" W Ml)
£12 N 16'22'30" E 16.40'
{N 16'01'33" E 02)
£13 N 48.28'46" E 154.58'
(N 48'07'48" E 155.24' 02)
£14 Ll=07'28'16" R=405.00' L=52.81'
£15 N 41'12'10" W 7.03'
(N41•34'44" W Ml)
PREPARED BY:
GOLD COAST SURVEYING, INC.
60) 758-7732 FAX (760) 758-7733
0. BOX 1876 -VISTA CA 92085-1876
110 CMG CENTER DR. SUM /208
\.1STA, C4 92084 gcsitlatt.net
December 5, 2017 Item #7 Page 12 of 24
(__ City of
Carlsbad
Memorandum
December 4, 2017
To: Mayor and City Council Members
From: David Rick
All Receive -Agenda Item # ]_
For the Information of the:
CITY COUNCIL
ACM v'./ CA v CC v
Date ~/s /11 City Manager v
Via Debbie Fountain, Interim Community and Economic Development Director
Re: Supplemental Information for Agenda Item #7 -VAC2017-0007 -WEST COAST SELF
STORAGE -CARLSBAD
Staff is recommending that the City Council include the following revision to the Resolutions
labeled Exhibit 1 and Exhibit 2:
WHEREAS, the City Council Planning Commission approved Planning Commission Resolution
No. 7270 on October 18, 2017 approving Conditional Use Permit (CUP2017-0004} and Scenic
Corridor Special Use Permit (SUP 2017-0001} to allow for the construction and operation of an
83,672 square foot, three-story, split level, self-storage facility located on said property.
In addition, Exhibits A and B to both Resolutions were omitted from the original agenda packet.
Please find attached the Resolutions with their Exhibits A and B included.
C: City Manager
City Attorney
City Clerk Services Manager
December 5, 2017 Item #7 Page 14 of 24
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A SUMMARY VACATION OF ALL THAT
PORTION OF A PUBLIC UTILITY EASEMENT ACROSS PARCEL 3 OF
PARCEL MAP NO. 18059, LOCATED AT THE SOUTHEAST CORNER OF
EL CAMINO REAL & COUGAR DRIVE.
CASE NAME: WEST COAST SELF STORAGE -CARLSBAD
CASE NO.: VAC 2017-0007
Exhibit 1
WHEREAS, the City Council of the City of Carlsbad, California has determined that Land
Development, LLC, a California limited liability company, owner of property at the southeast
corner of El Camino Real & Cougar Drive and more particularly described as Parcel 3 of Parcel
Map No. 18059, filed in the office of the County Recorder of San Diego County, July 2, 1998, has
filed an application to summarily vacate a public utility easement over said property; and
WHEREAS, the Planning Commission approved Planning Commission Resolution No. 7270
on October 18, 2017 approving Conditional Use Permit (CUP2017-0004) and Scenic Corridor
Special Use Permit (SUP 2017-0001) to allow for the construction and operation of an 83,672
square foot, three-story, split level, self-storage facility located on said property; and
WHEREAS, Engineering Condition No. 30 of Planning Commission Resolution No. 7270
required the developer to vacate a public utility easement excepted from vacated public street
right-of-way per City Council Resolution No. 90-133, recorded May 22, 1990, as document no.
90-280162 of official records of San Diego County, at the southeasterly corner of El Camino Real
and Cougar Drive.
WHEREAS, there are currently no active public utilities within the requested vacation; and
WHEREAS, this proposed vacation is made pursuant to Section 8333 of the California
Streets and Highway Code; and
WHEREAS, the public utility easement is not needed for present or future use by the city,
public or adjacent property owners; and
WHEREAS, the proposed vacation is not useful as a non-motorized transportation facility;
and
WHEREAS, the proposed vacation is in accordance with Growth Management Policies and
is consistent with the General Plan of the city; and
December 5, 2017 Item #7 Page 15 of 24
WHEREAS, the City Council of the 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 Carlsbad, California,
as follows:
1. That the above recitations are true and correct.
2. That the City Council hereby approves a summary vacation to vacate a portion of
a public utility easement excepted from vacated public street right-of-way per City
Council Resolution No. 90-133, recorded May 22, 1990, as document No. 90-
280162 of official records of San Diego County, at the southeasterly corner of El
Camino Real and Cougar Drive.
3. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highway
Code, said excess easement more particularly described in Exhibit A and shown
for the sake of clarity in Exhibit B, shall be summarily vacated.
4. The City Clerk is directed to record this resolution, the attached legal description
and plat in the Office of the 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.
December 5, 2017 Item #7 Page 16 of 24
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the _ day of __ _, 2017, by the following vote, to wit:
AYES:
NOES:
ABSENT:
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
December 5, 2017 Item #7 Page 17 of 24
EXHIBIT "A"
VAC 2017-0007
PAGE 1 OF 1
PUBLIC UTILITY EASEMENT VACATION
THAT PORTION OF THE UTILITY EASEMENT EXCEPTED FROM THE VACATION BY
RESOLUTION NO. 90-133, RECORDED MAY 22, 1990, AS DOCUMENT NO. 90-280162 OF
OFFICIAL RECORDS OF SAN DIEGO COUNTY (D1), LYING WITHIN PARCEL 3 OF PARCEL
MAP NO. 18059 (M1), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, JULY 2, 1998, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL 1, OF PARCEL MAP NO.
10060, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MAY 23,
1980, SAID CORNER BEING ALSO AN ANGLE POINT IN THE BOUNDARY OF THAT
CERTAIN 11.00 ACRE PARCEL OF LAND SHOWN ON RECORD OF SURVEY NO. 10421,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, FEBRUARY 13,
1986; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID 11.00 ACRE PARCEL
NORTH 21°11'37" WEST, 180.80 FEET (NORTH 21°32'35" WEST 180.83 FEET D1) TO THE
SOUTHEASTERLY RIGHT OF WAY LINE OF COUGAR DRIVE, 72 FOOT IN WIDTH, AS
DEDICATED ON AFOREMENTIONED PARCEL MAP NO. 18059; THENCE
SOUTHWESTERLY ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE SOUTH
58°34'36" WEST, 36.38 FEET (SOUTH 58°13'03" WEST, 36.37 FEET M1) TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS
OF 1164.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, THOUGH A
CENTRAL ANGLE OF 01°39'57" (01°39'56" 01) {01°40'02" M1), AN ARC DISTANCE OF 33.84
FEET (33.87 FEET M1) TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE
EASTERLY, HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHWESTERLY, SOUTHERLY
AND SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
98°43'32" (98°44'00" D1) (98°44"02" M1), AN ARC DISTANCE OF 43.08 FEET TO THE
BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS
OF 1863.00 FEET, SAID CURVE BEING ALSO CONCENTRIC WITH AND NORTHEASTERLY
63.00 FEET FROM THE CENTERLINE OF EL CAMINO REAL AS SHOWN ON RECORD OF
SURVEY NO. 10674 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, AUGUST 14, 1986, A RADIAL LINE TO SAID CURVE BEARS NORTH 48°11'07"
EAST (NORTH 47°48'49" EAST D1) (NORTH 47°48'59" EAST M1 ); THENCE
SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 04°11'14"
(04°11'16" M1), AN ARC DISTANCE OF 136.15' FEET (136.17' M1) TO THE
SOUTHEASTERLY LINE OF PARCEL.3 OF AFOREMENTIONED PARCEL MAP NO. 18059;
THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 75°57'06" EAST, 44.35 FEET
(NORTH 75°35'53" EAST, 44.38 M1) TO THE POINT OF BEGINNING.
ALL AS SHOWN ON THE ATTACHED PLAT, MARKED EXHIBIT "B", WHICH BY THIS
REFERENCE HERETO IS INCORPORATED HEREIN AND MADE A PART HEREOF.
THE BEARINGS SHOWN HEREON ARE CALIFORNIA
COORDINATE SYSTEM 83, ZONE 6, NAD 83, EPOCH 1991.35.
GOLD COAST SURVEYING, INC.
, ,
December 5, 2017 Item #7 Page 18 of 24
.......,_ it) --~ (0
" ::? ("") -.H
)::,.. ~ -I
s= ]g
I') -~ < C) , II
-~Ct: -· ::::tJ -'<I-;,._ ~-~ a -.!!,::-"t· --..;.~ r--!b
- -EXHIBIT "B" --0 30 60
SCALE: 1 "=60'
. ..._____
r---
\ --~---\ --
POR710N OF UTILITY EASEMENT PER D1
AREA ±11,767 SQ. FT.
UTILITY EASEMENT VACATION DA TA
D1 RESOLUTION NO. 90-133, REC. 05/22/1990
AS DOC NO. 90-280162 O.R.
D2 FINAL CONDEMNATION ORDER, REC. 11/02/1990
AS DOC NO. 90-597613 O.R.
M1 PARCEL MAP NO. 18059
RI N 33'05'21" W Rad (N 33'26'59" W Ml)
R2 N 48'11'07" E Rad (N 47'48'59" E Ml)
(N 47'48'49" E DI)
\
\ -
120
-!S:d.l...._c_l-~-._.-~~~_::-_::-7~ R3 N 52'22'21" E Rad (N 52'00'75" £ Ml) -.......--{I SW'LY LINE 11.00 ACRE PAR. ROS 10421
I
~POINT OF BEGINNING, p M 1 8 0 5 9
W'L y COR. PCL. 1, PM 10060 p A R 3 ) I. 'i/..>s ~
I Cf,.>. S,>, ~ I ;,--.,. 06,,
I '-'S, ·~ ~v-? ~ <.
~SE'LY LINE
/ PAR. 3
~ PM 18059 ~ <;t > I t: <..--·us,
·¢c9,
SALK All[
DRAWN BY: B.C.B
DATE: 05/19/2017, REVISED: 11/07/2017
DWG. NO.: 201636.DWG
CHECKED BY: J.K.B.
~v
PROJECT
PUBLIC UTILITY EASEMENT VACATION PLAT
WEST COAST SELF-STORAGE -CARLSBAD
APN 209-040-42-00
CARLSBAD, CA
I
I I
/
PREPARED BY:
LO COAST SURVEYING, INC.
60} 758-7732 FAX {760) 758-7733
. BOX 1876 -VISTA C4 92085-1876
110 CMC CENTER DR. SUrrE /208
VISTA. CA 92084 gcsi@att.ne1
December 5, 2017 Item #7 Page 19 of 24
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A SUMMARY VACATION OF ALL THAT
PORTION OF A SLOPE EASEMENT ON PARCEL 3 OF PARCEL MAP NO.
18059 FRONTING COUGAR DRIVE.
CASE NAME: WEST COAST SELF STORAGE-CARLSBAD
CASE NO.: VAC 2017-0007
Exhibit 2
WHEREAS, the City Council of the City of Carlsbad, California has determined that Land
Development, LLC, a California limited liability company, owner of property at the southeast
corner of El Camino Real & Cougar Drive and more particularly described as Parcel 3 of Parcel
Map No. 18059, filed in the office of the County Recorder of San Diego County, July 2, 1998, has
filed an application to summarily vacate a slope easement over said property; and
WHEREAS, the Planning Commission approved Planning Commission Resolution No. 7270
on October 18, 2017 approving Conditional Use Permit (CUP2017-0004) and Scenic Corridor
Special Use Permit (SUP 2017-0001) to allow for the construction and operation of an 83,672
square foot, three-story, split level, self-storage facility located on said property; and
WHEREAS, Engineering Condition No. 31 of Planning Commission Resolution No. 7270
required the developer to vacate a slope easement fronting Cougar Drive recorded per final order
of condemnation on November 2, 1990 as document No. 90-597613 of official records of San
Diego,
WHEREAS, said slope easement was dedicated to the city to allow for the construction of
slopes for construction of Cougar Drive; and
WHEREAS, Cougar Drive has been constructed and the city no longer needs to construct
or grade said slopes; and
WHEREAS, this proposed vacation is made pursuant to Section 8333 of the California
Streets and Highway Code; and
WHEREAS, the slope easement is not needed for present or future use by the city, public
or adjacent property owners; and
WHEREAS, the slope easement is not useful as a non-motorized transportation facility;
and
December 5, 2017 Item #7 Page 20 of 24
WHEREAS, the proposed vacation is in accordance with Growth Management Policies and
is consistent with the General Plan of the city; and
WHEREAS, the City Council of the 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 Carlsbad, California,
as follows:
1. That the above recitations are true and correct.
2. That the City Council hereby approves a summary vacation of a slope easement
recorded per final order of condemnation on November 2, 1990 as document no.
90-597613 of official records of San Diego, fronting Cougar Drive.
3. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Hig~way
Code, said excess slope easement more particularly described in Exhibit A and
shown for the sake of clarity in Exhibit B, shall be summarily vacated.
4. The City Clerk is directed to record this resolution, the attached legal description
and plat in the Office of the 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.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the_ day of ___ ~ 2017, by the following vote, to wit:
AYES:
NOES:
ABSENT:
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
December 5, 2017 Item #7 Page 21 of 24
EXHIBIT "A"
VAC 2017-0007
PAGE 1 OF 2
SLOPE EASEMENT VACATION
THAT PORTION OF THE SLOPE EASEMENT DESCRIBED IN FINAL CONDEMNATION
ORDER RECORDED NOVEMBER 2, 1990 AS DOCUMENT NO. 90-597613 OF OFFICIAL
RECORDS OF SAN DIEGO COUNTY (D2), LYING WITHIN PARCEL 3, OF PARCEL MAP NO.
18059, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORD! NG TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, JULY 2, 1998, DESCRIBED AS FOLLOWS:
BEGINNING AT THE WESTERLY CORNER OF PARCEL 1, OF PARCEL MAP NO. 10060,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MAY 23, 1980,
SAID CORNER BEING ALSO AN ANGLE POINT IN THE BOUNDARY OF THAT CERTAIN
11.00 ACRE PARCEL OF LAND SHOWN ON RECORD OF SURVEY NO. 10421, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, FEBRUARY 13, 1986;
THENCE ALONG THE SOUTHEASTERLY LINE OF PARCEL 3 OF AFOREMENTIONED
PARCEL MAP 18059 AND THE NORTHEASTERLY PROLONGATION THEREOF NORTH
75°57'06" EAST 670.98 FEET (NORTH 75°35'44" EAST D2), (NORTH 75°35'53" EAST M1),
THENCE LEAVING SAID PROLONGATION NORTH 64°02'54" WEST, 464.19 FEET, (NORTH
64°24'16" WEST D2) TO THE BEGINNING OF A TANGENT CURVE, CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 662.00 FEET; THENCE NORTHWESTERLY
ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03°44'35", AN ARC DISTANCE
OF 43.25' FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 20.00 FEET; THENCE NORTHWESTERLY,
WESTERLY AND SOUTHWESTERLY, THROUGH A CENTRAL ANGLE OF 84°49'27"
(84°48'47" D2), AN ARC DISTANCE OF 29.61 FEET TO THE BEGINNING OF A REVERSE
CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 398.00 FEET; THENCE
SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 15°47'02",
AN ARC DISTANCE OF 109.64' FEET TO THE NORTHEASTERLY LINE OF PARCEL 3 OF
AFOREMENTIONED PARCEL MAP NO. 18059, BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTHWESTERLY ALONG LAST SAID CURVE, THROUGH A
CENTRAL ANGLE OF 15°24'30" AN ARC DISTANCE OF 107.03 FEET TO A LINE PARALLEL
WITH AND SOUTHEASTERLY 76.00 FEET FROM THE NORTHWESTERLY LINE OF THE
AFOREMENTIONED 11.00 ACRE PARCEL; THENCE ALONG SAi D PARALLEL LINE SOUTH
58°34'36" WEST 101.63 FEET (SOUTH 58°12'45" WEST 101.74' D2) TO THE
SOUTHWESTERLY LINE OF SAID 11.00 ACRE PARCEL; THENCE ALONG SAID
SOUTHWESTERLY LINE SOUTH 21°11'37" EAST 42.00 FEET (SOUTH 21°32'35" EAST 01),
(NORTH 21°33'48" WEST M1); THENCE LEAVING SAID SOUTHWESTERLY LINE, NORTH
16°22'30" EAST, 16.40' (NORTH 16°01'33" EAST D2); THENCE NORTH 48°28'46" EAST,
154.58' (NORTH 48°07'48" EAST, 155.24 FEET D2); TO THE BEGINNING OF A NON
TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 405.00 FEET
SAID CURVE BEING CONCENTRIC WITH AND SOUTHEASTERLY 7.00 FEET FROM THAT
December 5, 2017 Item #7 Page 22 of 24
EXHIBIT "A"
VAC 2017-0007
PAGE 2 OF 2
CERTAIN CURVE DESCRIBED ABOVE AS BElNG CONCAVE NORTHWESTERLY AND
HAVING A RADIUS OF 398.00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 39°15'46"
EAST (SOUTH 39°42'18" EAST D2); THENCE NORTHEASTERLY ALONG SAID CURVE,
THROUGH A CENTRAL ANGLE OF 07°28'16"', AN ARC DISTANCE OF 52.81 FEET TO THE
NORTHEASTERLY LINE OF PARCEL 3 OF AFOREMENTIONED PARCEL MAP NO. 18059;
THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE NORTH 41 °12'1 O"
WEST 7.03 FEET, (NORTH 41 °34'44" WEST M1) TO THE TRUE POINT OF BEGINNING.
ALL AS SHOWN ON THE ATTACHED PLAT, MARKED EXHIBIT "B", WHICH BY THIS
REFERENCE HERETO IS INCORPORATED HEREIN AND MADE A PART HEREOF.
THE BEARINGS SHOWN HEREON ARE CALIFORNIA COORDINATE SYSTEM 83, ZONE 6,
NAO 83, EPOCH 1991.35.
GOLD COAST SURVEYING, INC.
,;;{,~,-?,ef't,/tf:. 11,I ;/11 1BRUCE C. BO~DE, PLS NO. 6144
December 5, 2017 Item #7 Page 23 of 24
DRAWN BY: B.C.B.
DATE: 05/19/2017, RE.VISED: 11/07/2017
DWG. NO.: 201636.DWG
CHECKED BY: J.K.B.
J_
PROJECT
EXHIBIT 11811
VAC 2017-0007
PAGE 1 OF 1
--
EL CAMINO REAL
SLOPE EASEMENT VACATION PLAT
WEST COAST SELF-STORAGE -CARLSBAD
APN 209-040-42-00
CARLSBAD, CA
0 50
RADIAL LINE DA TA
R4 N 22'12'31" E Rad
R5 N 6236'16" W Rod
R6 S 46"49'54" E Rad
RB S 39"15'46" E Rad
(S 39'42'18" E D2)
R9 N 46'44'02" W Rod
200
SLOPE EASEMENT VACATION DATA
D2 FINAL CONDEMN AT/ON ORDER,
Ml
£1
£2
REC. 11/02/1990 AS
DOC NO. 90-597613 O.R.
PARCEL MAP NO. 18059
.1=03"44'35" R=662.00' L=43.25'
.1=84'49'27" R=20.00' L=29.61'
(.1=84'48'47" R=20.00' L=29.61' D2)
EJ .1=31'11'32" R=398.00' L=216.67'
£4
£5
£6
(.1=3110'23" R=J98.00' L=216.54' D2)
.1=15"47'02" R=398.00' L=109.64'
.1=15"24'30" R=398.00'L=107.03'
S 58'34'36" W 101.63'
(S 58"12'45" W 101.74' D2)
£11 S 21"11'37" E 42.00'
(S 21 '.32'35" E D2)
(N 21"33'48" W M1)
E12 N 16'22'30" E 16.40'
(N 16'0(33" E D2)
£13 N 48"28'46" E 154.58'
(N 48"07'48" £ 155.24' 02)
£14 .1=07'28'16" R=405.00' L=52.81'
£15 N 41'12'10" W 7.03'
(N41'J4'44" W Ml)
PREPARED BY:
GOLD COAST SURVEYING, INC.
60} 758-7732 FM (760) 758-7733
0. BOX 1876 -WSTA C4 92085-1876
110 CMC WITfR DR. sunr /208
VISTA, C4 92084 gcsi@att.net
December 5, 2017 Item #7 Page 24 of 24