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Home My WebLink About2019-01-08; City Council; ; Summary vacation of the general utility and access easement over Parcels 1 and 2 of Parcel Map No. 21308, within Bressi Ranch~ CITY COUNCIL ~ Staff Report Meeting Date: To: From: Staff Contact: January 8, 2019 Mayor and City Council Scott Chadwick, City Manager Kyrenne Chua, Associate Engineer Kyrenne.Chua@carlsbadca.gov or 760-602-2744 CAReview _[M____ Subject: Summary vacation of the general utility and access easement over Parcels 1 and 2 of Parcel Map No. 21308, within Bressi Ranch Project Name: Shea Industrial Bressi Ranch Project No.: MS 15-06 (DEV06053) Recommended Action Adopt a Resolution to summarily vacate the general utility and access easement over Parcels 1 and 2 of Parcel Map No. 21308, VAC 2017-0010, located at the northwest corner of Innovation Way and Gateway Road. Executive Summary Bressi Industrial, LLC, the property owner of Parcels 1 and 2 of Parcel Map No. 21308, is requesting to summarily vacate the general utility and access easement traversing the properties. The easement was dedicated to the City of Carlsbad on November 13, 2007. There are no active utilities within said easement. With no current or future use of said easement for utility purposes, staff recommends approving the vacation of the general utility and access easement over Parcels 1 and 2 of Parcel Map No. 21308. Pursuant to California Streets and Highways Code, Section 8333, the City Council may summarily vacate a public service easement. Discussion On November 13, 2007, a general utility and access easement was dedicated to the City of Carlsbad for utility purposes recorded as document no. 2007-0717227. No utilities were constructed within said easement. On June 4, 2015, the City approved Tentative Parcel Map 15-06, Shea Industrial Bressi Ranch, a two-lot subdivision with the development of two industrial/office buildings. Engineering Condition No. 18 of this approval required the owner to process an easement vacation of the general utility and access easement. The industrial/office buildings were constructed over the portions of the general utility and access easement. Per Section 8333 of California Streets and Highways Code, a public service easement may be summarily vacated by the City Council if the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the January 8, 2019 Item #3 1 of 9 proposed vacation. There are no other public utility facilities located within the easement. Therefore, staff recommends approving the summary vacation of the general utility and access easement over Parcels 1 and 2 of Parcel Map No. 21308, VAC 2017-0010. Fiscal Analysis The general utility and access easement being summarily vacated was for a no fee acquisition and the city will vacate said right-of-way for no fee. All fees necessary to process this vacation have been paid by the owner. Next Steps The City Clerk will record this resolution, the attached legal description and plat in the Office of the County Recorder of San Diego County. Upon the date that this resolution is recorded in the County Recorder's office, the general utility and access easement will be summarily vacated. Environmental Evaluation (CEQA) The proposed vacation does not qualify as a 'project' under the California Environmental Quality Act (CEQA) per Public Resources Code Section 21605 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. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1. City Council Resolution 2. Location Map January 8, 2019 Item #3 2 of 9 RECORDING REQUESTED BY: Carlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 DOC# 2019-0017899 111111111111 lllll 11111111111111111111 lllll lllll lllll l11111111111111111 Jan 16, 2019 01 :51 PM OFFICIAL RECORDS Ernest J Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins $0 00) PAGES 6 SPACE ABOVE THIS LINE FOR RECORDER'S USE City of Carlsbad RESOLUTION NO. 2019-001 /5 January 8, 2019 Item #3 3 of 9 RESOLUTION NO. 2019-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SUMMARY VACATION OF A GENERAL UTILITY AND ACCESS EASEMENT OVER PARCELS 1 AND 2 OF PARCEL MAP NO. 21308, LOCATED AT 6131 AND 6133 INNOVATION WAY CASE NAME: SHEA INDUSTRIAL BRESSI RANCH CASE NO.: VAC 2017-0010 WHEREAS, the City Council of the City of Carlsbad, California has determined that Bressi Industrial LLC, owner of property at 6131 and 6133 Innovation Way and more particularly described as Parcels 1 and 2 of Parcel Map No. 21308, recorded December 17, 2015 as Doc. No. 2015-7000509 of Official Records filed in the Office of the County Recorder of the County of San Diego, has filed an application to summarily vacate a general utility and access easement over said property; and WHEREAS, said general utility and access easement over said property was recorded November 13, 2007 as Doc. No. 2007-0717227; and WHEREAS, the City approved Tentative Parcel Map 15-06 on June 4, 2015, a two-lot subdivision with the development of two industrial buildings and on-site parking; and WHEREAS, engineering condition No. 18 of this approval required the owner to process an easement vacation of the general utility and access easement. The two industrial buildings were constructed over portions of the general utility and access easement; and WHEREAS, this proposed summary vacation is made pursuant to Section 8333 of the California Streets and Highways Code; and WHEREAS, the general and access utility easement has not been used for the purpose for which it was dedicated and is not needed for present or future use by the city, public or adjacent property owners; and, WHEREAS, the proposed summary 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. January 8, 2019 Item #3 4 of 9 2. That the City Council finds that the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. 3. That the City Council hereby approves a summary vacation of a general utility and access easement over Parcels 1 and 2 of Parcel Map No. 21308, recorded December 17, 2015 as Doc. No. 2015-7000509 of Official Records filed in the Office of the County Recorder of the County of San Diego, located at 6131 and 6133 Innovation Way. 4. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highways Code, said excess easement more particularly described in Exhibit A and shown for the sake of clarity in Exhibit 8, shall be summarily vacated. 5. 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. 6. That upon recordation of this Resolution at the Office of the County Recorder, 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 8th day of January, 2019, by the following vote, to wit: AYES: NOES: ABSENT: M. Hall, K. Blackburn, P. Bhat-Patel, C. Schumacher, 8. Hamilton None. None. ~ARBARA ENGLESON, City Clerk {SEAL) January 8, 2019 Item #3 5 of 9 EXHIBIT "A" LEGAL DESCRIPTION V AC 2017-0010 AN EASEMENT FOR GENERAL UTILITY AND ACCESS PURPOSES AS DESCRIBED IN A GRANT DEED OF EASEMENT, RECORDED NOVEMBER 13, 2007, GRANTED TO CITY OF CARLSBAD, A MUNICIPAL CORPORATION, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AS DOC. NO. 2007-0717227, LYING WITHIN PARCELS 1 AND 2 OF PARCEL MAP NO. 21308, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 17, 2015 AS FILE NO. 2015-7000509 OF OFFICIAL RECORDS. AREA OF SAID EASEMENT CONTAINS 1.346 ACRES, MORE OR LESS Page 1 of 1 January 8, 2019 Item #3 6 of 9 0 0) " ~ LC) -~ ..----i I-0 "') CL .....J <( 2 EXHIBIT "B" VAC 2017-0010 PROPOSED VACATION OF EXISTING GENERAL UTILITY ANO ACCESS EASEMENT 582.00' MAP 14960 LOT 23 --i.., 1 L PARCEL 2 __ __.___J--_ "'::::J I =i ;--APN 213-261-25 30'1 n S90°00'00T 594.59' PARCEL MAP 21308 PARCEL 1 APN 213-261-24 £)(!ST/NG BU/LO/NG ___J'"'"'"'L,__ .-- C = --'-~,_ - - N89°J'f '!3"/f 562.87' _GATEWAY ROAD LJ=9o • 1.1 ·oo,, R=2.5.00' L=39.36' EASEUENT TO BE VACA lFO 0 AN EASEMENT IN FAVOR OF CITY OF CARLSBAD, A AIUNIC/PAL CORPORATION FOR GENERAL tlllL/TY ANO ·-~ A '£5S PURPOSES ANO INC/OENTAL PURPOSES, RECOROEO NOVEMBER I.J, 2007 AS INSTRUMENT NO. 2007-0717227 OF OFFICIAL RECORDS. ----0 100 200 January 8, 2019 Item #3 7 of 9 STATE OF CALIFORNIA } COUNTY OF SAN DIEGO } ss. I, Tamara R. McMinn, Deputy City Clerk of the City of Carlsbad, County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original RESOLUTION NO. 2019-001 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SUMMARY VACATION OF A GENERAL UTILITY AND ACCESS EASEMENT OVER PARCELS 1 AND 2 OF PARCEL MAP NO. 21308, LOCATED AT 6131 AND 6133 INNOVATION WAY. CASE NAME: SHEA INDUSTRIAL BRESSI RANCH; CASE NO.: VAC 2017-0010 with the original now on file in the Office of the City Clerk of the City of Carlsbad; that the sa me contains a full, true and correct transcript therefrom and of the whole thereof. Witness my hand and the seal of said City of Carlsbad, this 10TH day of January, 2019. ~ 1/\CYlo,, C>-/!m _~~- TAMARA R. MCMINN DEPUTY CITY CLERK (SEAL) January 8, 2019 Item #3 8 of 9 PALOMAR AIRPORT RD SITE MAP Cl a:: w 1-z <t u :J <t GATEWAY RD DISCOVERY RD NOT TO SCALE Vacate General Utility & Access Easement Parcels 1 & 2 of Parcel Map No. 21308 MS 15-06/VAC2017-0010 Exhibit 2 January 8, 2019 Item #3 9 of 9