Loading...
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 j VICINITY MAP t N.T.S. DRAWN BY: B.C.B. DATE: 05/19/2017, RE.VISED: 11/07/2017 DWG. NO.: 201636.DWG CHECKED BY: J.K.B. ") (0 J_ PROJECT EXHIBIT "B" VAC 2017-0007 PAGE 1 OF 1 ---....._ ----,. 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