HomeMy WebLinkAbout2019-06-11; City Council; ; Summary Vacation of a public drainage easement over Lot 9 of CT 85-35, Aviara Phase 1 Unit A Located at 7130 Kingfisher Lane (VAC2017-0008)CA Review 12..K.
(i) St~fi R~port
Meeting Date:
To:
From:
Staff Contact:
Subject:
June 11, 2019
Mayor and City Council
Scott Chadwick, City Manager
David Rick, Associate Engineer
david.rick@carlsbadca.gov or 760-602-2781
Summary Vacation of a public drainage easement over Lot 9 of CT 85-35,
Aviara Phase 1 Unit A Located at 7130 Kingfisher Lane (VAC2017-0008).
Recommended Action
Adopt a Resolution to summarily vacate a 15-foot wide public drainage easement over Lot 9 of
CT 85-35, Aviara Phase 1 Unit A recorded by Map 12409, located at 7130 Kingfisher Lane
(VAC2017-0008).
Executive Summary
Aviara Residence Club Owners Association Company, the property owner of Lot 9 of CT 85-35,
Aviara Phase 1 Unit A recorded by Map 12409 is requesting to summarily vacate a 15-foot wide
drainage easement traversing the property at 7130 Kingfisher Lane. The easement was
dedicated to the City of Carlsbad on Map 12409 recorded on June 29, 1989. There is no active
storm drain or channeled surface drainage within said easen'.)ent. \J\'ith no current drainage
facilities nor future use of said easement anticipated for drainage purposes, staff recommends
approving the vacation of the easement. Pursuant to California Streets and Highways Code,
Section 8333, the City Council may summarily vacate a public service easement. Contrary to a
general vacation procedure pursuant to Section 8320 through 8325 of the California Streets and
Highway Code, a summary vacation does not require published or posted public notices.
Discussion
On June 29, 1989, a drainage easement was dedicated to the City of Carlsbad for drainage
purposes recorded on Map 12409. A 24-inch storm drain was installed within this easement
per the Aviara Master Plan grading plans (DWG 286-9) in 1992. This storm drain was later
removed and replaced when a new 24-inch storm drain was constructed per the grading plans
(DW 346-7A) for the Four Seasons Resort in 2010. A new drainage easement was recorded per
Doc# 2018-0102026 since this new storm drain was aligned outside the subject drainage
easement. The easement to be vacated has not been used for public drainage since 2010 nor
is it anticipated to be used for drainage facilities in the future.
Per Section 8333 of the California Streets and Highways Code, the legislative body of a local
agency, or any public officer or employee authorized by the legislative body, may summarily
vacate a public easement if the easement has not been used for the purpose for which it was
June 11, 2019 Item #6 Page 1 of 10
dedicat ed or acquired for five consecutive years immediately preceding the proposed vacation .
Since the City Council has.not authorized a city officer or employee to approve summary
vacations, the City Council will decide on the matter as the legislative body. Since the easement
has not been used for public drainage for more than 5 years nor is the easement needed for
future drainage facilities, staff recommends approving the summary vacation of the public
drainage easement over Lot 9 of CT 85-35, Aviara Phase 1 Unit A.
Fiscal Analysis
The public drainage easement being su.mmarily 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 t he 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 public drainage 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 and Outreach
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.
June 11, 2019 Item #6 Page 2 of 10
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# 2019-0301544
111111111111 lllll 1111111111111111111111111111111111111111 IIIII IIII IIII
Jul 24, 2019 02:23 PM
OFFICIAL RECORDS
Ernest J Dronenburg, Jr,
SAN DIEGO COUNTY RECORDER
FEES $0.00 (SB2 Atkins $0.00)
PAGES 7
SPACE ABOVE THIS LINE FOR RECORDER'S USE
City of Carlsbad
RESOLUTION NO. 2019-078
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, SUMMARILY VACATING A PUBLIC DRAINAGE
EASEMENT OVER LOT 9 OF CT 85-35, AVIARA PHASE 1 UNIT A
LOCATED AT 7130 KINGFISHER LANE. CASE NAME: FOUR SEASONS
RESIDENCE CLUB; CASE NO: VAC2017-0008
June 11, 2019 Item #6 Page 3 of 10
STATE OF CALIFORNIA }
COUNTY OF SAN DIEGO } ss.
I, Hector Gomez 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. 2019-078 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PUBLIC DRAINAGE EASEMENT OVER LOT
9 OF CT 85-35, AVIARA PHASE 1 UNIT A LOCATED AT 7130 KINGFISHER LANE. CASE NAME:
FOUR SEASONS RESIDENCE CLUB; CASE NO: VAC2017-0008 with the original now on file in
the Office of the City Clerk of the City of Carlsbad; that the same 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 13 day of June 2019.
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HECTOR GOMEZ
DEPUTY CITY CLERK
(SEAL)
June 11, 2019 Item #6 Page 4 of 10
RESOLUTION NO. 2019-078
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, SUMMARILY VACATING A PUBLIC DRAINAGE EASEMENT OVER
LOT 9 OF CT 85-35, AVIARA PHASE 1 UNIT A LOCATED AT 7130 KINGFISHER
LANE.
CASE NAME:
CASE NO:
FOUR SEASONS RESIDENCE CLUB
VAC2017-0008
WHEREAS, the City Council of the City of Carlsbad, California has determined that Aviara
Residence Club Owners Association Company, the owner of property at 7130 Kingfisher Lane and
more particularly described as Lot 9 of CT 85-35, Aviara Phase 1 Unit A, Map 12409 recorded June 29,
1989 as Doc. No. 89-345850 of Official Records filed in the Office of the County of San Diego, has filed
an application to summarily vacate a 15-foot wide public drainage easement over said property; and
WHEREAS, said public drainage easement over said property was recorded on said Map 12409
on June 29, 1989; and
WHEREAS, this proposed summary vacation is made pursuant to Section 8333 of the California
Streets and Highways Code; and
WHEREAS, the public drainage easement has not been used for the purpose for which it was
dedicated for five consecutive years immediately preceding the proposed vacation and is not needed
for present or future use by the city, public or adjacent property owners; and
WHEREAS, no public facilities exist within the public drainage easement proposed to be
vacated; 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.
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.
June 11, 2019 Item #6 Page 5 of 10
3. That the City Council hereby summarily vacates a 15-foot wide public drainage
easement over Lot 9 of CT 85-35, Aviara Phase 1 Unit A, Map 12409 recorded June 29,
1989 as Doc. No. 89-345850 of Official Records filed in the Office of the County of San
Diego, located at 7130 Kingfisher Lane.
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 B, both attached hereto to this Resolution, shall be summarily
vacated.
5. The City Clerk is directed to record this Resolution, the attached legal description
(Exhibit A) and plat (Exhibit B) 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 Special Meeting of the City Council of the City of
Carlsbad on the 11th day of June, 2019, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton.
None.
None. M1Jb!/f!!
~
~Cl( BARBARA ENGLESON, City Clerk
(SEAL)
June 11, 2019 Item #6 Page 6 of 10
VAC 2017-0008
EXHIBIT "A"
LEGAL DESCRIPTION
DRAINAGE EASEMENT VACATION
AUGUST 14, 2017
J.N. 151007
PAGE 1 OF 1
A 15 FOOT WIDE DRANAGE EASEMENT IN LOT 9 OF CITY OF CARLSBAD TRACT
NO. 85-35, AVIARA PHASE 1 UNIT A, IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, AS DEDICATED ON MAP THEREOF NO.
12 4 0 9, FILED IN THE OFFICE OF THE COUNTY RECORDER 01; SAN DIEGO
COUNTY, ON JUNE 29, 1989 AS FILE NO. 89-345850, BEING WITHIN LOTS
4 6, 4 7 AND 51 OF CITY OF CARLSBAD TRACT NO. 95-02, UNIT 3, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 13979, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, ON JUNE 9, 2000 AS FILE NO.
2000-0306276 OF OFFICIAL RECORDS.
AREA 0.058 ACRES
O:\Legal_Descriptions\151007\SD VACATION.doc
June 11, 2019 Item #6 Page 7 of 10
en ......
C 0 ......
LEGAL OESCR/PT/ONS
EXHIBIT 'B'
LEGEND
PORTION OF LOTS 46, 47, AND 51 OF CITY
OF CARLSBAD TRACT NO. 95-02, UNIT 3
PLANNING AREAS PORTION OF 28 AND JO IN
THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STA TE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 139 79, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, RECORDED JUNE 9, 2000 AS
FILE NO. 2000-0306276 OF OFFICIAL
RECORDS
2710 Loker Ave. West, Suite 100
Carlsbad, California 92010
760-931-7700
PROPERTY BOUNDARY ....... --------
RIGHT-OF-WAY LINE ......... -------
EX/Sr EASEMENT LINE ....... - - - - - -
EXISTING DRAINAGE
EASEMENT VACATED ~
HEREON .................... .
PACIFIC
OCEAN
NOT 7rJ SCAL£
::, en
DATE: MAY 8, 2017 § ODayConsultants.com DRAINAGE EASEMENT VACATION U1----------,----'-------------------1-----------1
0 APPLICANT: EXHIBIT '8' SHEET 1 OF 2 SHEETS
~ AWARA R£9DEN(I auB 1 APPRQ,~#&"
r--OW.JER'S ASS'OC, CAJJF ~ 'J _____,,,L;;~. ~'------'=---------~ 7100 AWARA RESrRT DR., JASON S. GELDERT DA TE '3.0 A.P.N. 215-941-04, 05, 07
@ CARLSBAD, CA 92011 EXP. 12 '31 18 R.C.£ 63912 EXP. 9 'JO '-1-8
VAC 2017-0008
G: \151007\Plats\EsmtVacate-Orainage\1507AP-ESMT-DRAN-Vacate-01-03.dwg Aug 15, 2017 2: 55pm Xrefs: 1507AP-ESMT-DRAN-Vaca\e; 1507AVIC; 1507BMAP June 11, 2019 Item #6 Page 8 of 10
EXHIBIT 'B'
)
I --44' WIDE EXIST.~ 1
WATER EASEMENT I
GRANTED TO CMWD ~
PER MAP NO. 12409 / / 56
I I
I I
I I
EXISITNG ~AGE
EASEMENT PER MAP---._________
NO. 12409 TO REMAIN
I I
I I I
I I
I I
I I I
EX/Sl L / 61 M/Z~. 912409
EASEMENT PER r,
MAP Na 12409 I ~
TO REMAIN I I "---
. ~ 44' WIDE GENERAL ACCESS EASEMENT
1 ,' GRANTED TO THE CITY OF CARLSBAD"---
I
~0276'26. . /I R=318.00 ~ f
L=15.00' ~ I ~~ I
/ PER MAP NO. 12409
/ N19"49'o4"W/
17.16' VACATE 15.0' JHDE
EX/SllNG DRAINAGE
EASEMENT
ElY LOT LINE
LOT 10
o· 50' liiiiiiiiiiiiil~---I ,::; I I
I &/
N19"49'o4"W
12.46' ~ LOT 9, MAP 12409 SCALE: 1" = 50'
I ~ I I
I I
I I
I
en-
-~ 2710 Loker Ave. West, Suite 100
2 Carlsbad, California 92010
~ 760-931-7700
N45VO'oo"w
94.63'
I -45 J N23"46'14"E
7.63'
N10V0'o0"E
9.63'
en
§ ODoyConsultonts.com DRAINAGE EASEMENT VACATION DATE: MAY 8, 2017 Ut---------~___.-----------,-----,----------+----------1
0 APPLICANT:
g AWARA RE9DENCE aue
r---OKNER'S A.SSOC., CAJJF MBC
~ 7100 AWARA REsrRT DR.,
@ CARLSBAD, CA 92011
EXHIBIT '8' SHEET 2 OF 2 SHEETS
VAC 2017-0008
G: \151007\Plats\EsmtVacate-Dr□inage\1507AP-ESMT-DRAN-Vacate-01-03.dwg Aug 15, 2017 2: 55pm Xrefs: 1507AP-ESMT-DRAN-Vacate; 1507AVIC; 1507BMAP June 11, 2019 Item #6 Page 9 of 10
NOT TO SCALE
SITE MAP
Four Seasons Residence Club
VAC2017-0008
Exhibit 2
June 11, 2019 Item #6 Page 10 of 10