The URL can be used to link to this page

Home My WebLink About2019-06-11; City Council; ; Summary vacation of pipeline easement over Lots 339 and 347 of Map No. 16092, within Robertson Ranch West Village, CT 13-03, VAC 2019-00039 CITY COUNCIL Staff Report Meeting Date: To: From: Staff Contact: June 11, 2019 Mayor and City Council Scott Chadwick, City Manager Kyrenne Chua, Associate Engineer Kyrenne.Chua@carlsbadca.gov or 760-602-2744 CAReview 14,,(_ Subject: Summary vacation of pipeline easement over Lots 339 and 347 of Map No. 16092, within Robertson Ranch West Village, CT 13-03, VAC 2019-0003 Recommended Action Adopt a Resolution to summarily vacate a pipeline easement over Lots 339 and 347 of Map No. 16092, VAC 2019-0003, located at northeast corner of El Camino Real and W. Ranch Street. I Executive Summary Shapell Robertson, LLC, the property owner of Lot 339 and Rancho Castera, LLC, the property owner of Lot 347 of Map No. 16092, are requesting to summarily vacate the pipeline easement traversing the properties. The easement was dedicated to Oceanside Mutual Water Company on July 11, 1930 and acquired by the City of Carlsbad as a successor in interest. 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 pipeline easement over Lots 339 and 347 of Map No. 16092, VAC 2019-0003. Pursuant to California Streets and Highways Code, Section 8333, the City_Council may summarily vacate a public service easement. Discussion On July 11, 1930, an easement was dedicated to Oceanside Mutual Water Company for pipeline purposes recorded in Book 1796 of Deeds, Page 142. In 1934, the Oceanside Mutual Water Company water rights were quitclaimed to the Carlsbad Mutual Water Company. In 1958, the City of Carlsbad acquired the Carlsbad Mutual Water Company and its assets became the -property of the City. A waterline was constructed within said easement and was operational for several years. On March 11, 2014 City Council adopted Resolution 2014-041 approving Robertson Ranch West Village, a development with residential units, multi-family units, open space, community facilities, and a commercial site. As part of that approval, the project site was re-graded and the existing on-site public water system was abandoned to make way for new development. As new lots were created and streets constructed, a new potable water network has been installed within public streets and recorded new easements per Carlsbad Municipal Water District (CMWD) requirements. There are no active waterlines within the pipeline easement, therefore June 11, 2019 Item #5 Page 1 of 10 staff recommends approving the summary vacation of that portion of a pipeline easement over Lots 339 and 347 of Map No. 16092, VAC 2019-0003. 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 been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement. Therefore, staff recommends approving the summary vacation of the pipeline easement over Lots 339 and 347 of Map No. 16092, VAC 2019-0003. Fiscal Analysis The pipeline 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 pipeline 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 June 11, 2019 Item #5 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# 2019-0301545 111111111111 lllll 1111111111111111111111111 lllll 11111111111111111111111 Jul 24, 2019 02:23 PM OFFICIAL RECORDS Ernest J Dronenburg, Jr , SAN DIEGO COUNTY RECORDER FEES $0 00 (S82 Atkins $0.00) PAGES 7 SPACE ABOVE THIS LINE FOR RECORDER'S USE City of Carlsbad RESOLUTION NO. 2019-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SUMMARY VACATION OF A PIPELINE EASEMENT OVER LOTS 339 AND 347 OF MAP NO. 16092, LOCATED AT ROBERTSON RANCH WEST VILLAGE. CASE NAME: ROBERTSON RANCH WEST VILLAGE; CASE NO.: VAC 2019-0003 June 11, 2019 Item #5 Page 3 of 10 RESOLUTION NO. 2019-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SUMMARY VACATION OFA PIPELINE EASEMENT OVER LOTS 339 AND 347 OF MAP NO. 16092, LOCATED AT ROBERTSON RANCH WEST VILLAGE CASE NAME: CASE NO.: ROBERTSON RANCH WEST VILLAGE VAC 2019-0003 WHEREAS, the City Council of the City of Carlsbad, California has determined that Shapell Robertson, LLC, owner of Lot 339 and Rancho Castera, LLC, owner of Lot 347 of Carlsbad Tract No. 13- 03, Map No. 16092 filed in the Office of the County Recorder of the County of San Diego on February 2, 2016, has filed an application to summarily vacate a portion of a pipeline easement over both properties; and WHEREAS, on July 11, 1930, an easement was dedicated to Oceanside Mutual Water Company for pipeline purposes recorded in Book 1796 of Deeds, Page 142; and WHEREAS, the City of Carlsbad is the successor in interest to said pipeline easement; and WHEREAS, the City Council adopted Resolution 2014-041 approving the Robertson Ranch West Village development where waterlines that were previously located in said pipeline easement have been relocated within new public streets and easements; and WHEREAS, this proposed summary vacation is made pursuant to Section 8333 of the California Streets and Highways Code; and WHEREAS, said pipeline easement is not required for the purpose for which it was granted and is not now, nor is it contemplated to be, needed for future pipeline purposes; 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 been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement. June 11, 2019 Item #5 Page 4 of 10 3. That the City Council hereby approves a summary vacation of a pipeline easement over Lots 339 and 347 of Map No. 16092, recorded February 2, 2016 as Doc. No. 2016- 7000052 of Official Records filed in the Office of the County Recorder of the County of San Diego, located at the northeast corner of El Camino Real and W. Ranch Street. 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, 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 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. ~~Clerk (SEAL) June 11, 2019 Item #5 Page 5 of 10 EXHIBIT "A" LEGAL DESCRIPTION VACATION PIPELINE EASEMENT VAC 2019-0003 March 13, 2019 J.N.: 101307-3 PAGE 1 OF 1 THAT PORTION OF THE PIPELINE EASEMENT IN FAVOR OF OCEANSIDE MUTUAL WATER COMPANY (ACQUIRED BY CARLSBAD MUNICIPAL WATER DISTRICT AS SUCCESSOR IN INTEREST) RECORDED JULY 11, 1930 IN BOOK 1 796 OF DEEDS, PAGE 142 OF OFFICIAL RECORDS, WITHIN THE FOLLOWING DESCRIBED REAL PROPERTY: LOTS 339 AND 347 OF MAP 16092 RECORDED FEBRUARY 2, 2016 AS FILE NO. 2016-7000052 OF OFFICIAL RECORDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. G:\101307\Parcels\Waterline Quitclaim-Lot 339_347.doc June 11, 2019 Item #5 Page 6 of 10 lEG4L DESCRIPTION PORTIONS OF LOl'S 339 ANO 347 OF MAP 16092 RECORDED FEB. 2, 2016 AS RLE NQ 2016-7000052 AFFECTED LOTS LOT APN i LOT 339 208-195-01 LOT 347 208-195-09 2710 Loker Ave. W. 760-931-7700 Suite 100 Fax: Carlsbad, CA 760-931-8680 92010 PACIFIC OCEAN EXHIBIT "B" BUSINESS PARK DR. VICINITY NAP NO SCALE OAT£: MARCH 15, 2019 APPLICANT: PIPEUNE EASEMENT VACATION 1------::-=--.c,_.:;:::;:..=.:;...=..:..;a...:....:.._+---------~------------1 SHEET 1 OF 2 SHEETS TOLL BROTHERS VAC 2019-0003 June 11, 2019 Item #5 Page 7 of 10 LEGEND ----SUBDIVISION BOIJNOARY lOllJNE V/J AREA OF VACATION PIPELINE EASEMENT TO OCEANSIDE MAP NO. 16092 MUTUAL WATER COMPANY (ACQUIRED LOT 3,t.7 BY CITY OF CARLSBAD AS SUCCESSOR IN INTEREST)_ BK. 1796 / PC.142 REC JULY 11, 1930 LOT 339 2710 Loker Ave. W. 760-931-7700 Suite 100 Fax: Carlsbad, CA 760-931-8680 92010 AREA OF VACATlON ' v,,, _.,/' ', r / '✓ / 1.0.0. REC. 8/14/2008 / AS F/N 2008-0435946, / ACCEPTED 1/20/2011 / AS F /N 2011-0368561 / I SCALE: 1 • = 300' EXHIBIT "B" DATE: MARCH 15, 2019 APPLICANT• PIPELINE EASEMENT VACATION 1------=-.;:..:.......:...-==-=a.a...::.:....:....:....::.•-t----------.--------------4 SHEET 2 OF 2 SHEETS TOLL BROTHERS VAC 2019-0003 June 11, 2019 Item #5 Page 8 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. 2019-077 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SUMMARY VACATION OF A PIPELINE EASEMENT OVER LOTS 339 AND 347 OF MAP NO. 16092, LOCATED AT ROBERTSON RANCH WEST VILLAGE. CASE NAME: ROBERTSON RANCH WEST VILLAGE; CASE NO.: VAC 2019-0003 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. \\\\\\1111111111,,, ~,,,,,,tt! CA b 111111/. ~ .... o~ rt~ "",.,~ ;;·" ...• ~.ft~ ~~..... ··-~d\~ §...,/~\~~ §Of~..., (..-A\cl \\~w/J % "·· ..... •-,v,-.• ..... •·· $ ~ --:i,, .......... •·:..i..,t-,$' '0,,,,,':"IFO~~,,,,,,._. 11111111111111\\11' HECTOR GOMEZ DEPUTY CITY CLERK (SEAL) June 11, 2019 Item #5 Page 9 of 10 -;~(;-/;.::~:?-'.-\ :/'.[;!li:r{;;1IA NOT TO SCALE SITE MAP Vacate Pipeline Easement over Lots 339 and 34 7 of Map No. 16092 CT 13-03 / VAC 2019-0003 Exhibit 2 June 11, 2019 Item #5 Page 10 of 10