HomeMy WebLinkAbout2019-06-11; City Council; ; Summary vacation of pipeline easement over Lots 9, 10, 12, 14 thru 17, and 22 of Map No. 16091, within Robertson Ranch West Village, CT 13-03, VAC 2019-0004CA Review ~
~ CITY COUNCIL
~ Staff Report
Meeting Date:
To:
From:
Staff Contact:
Subject:
June 11, 2019
Mayor and City Council
Scott Chadwick, City Manager
Kyrenne Chua, Associate Engineer
Kyrenne.Chua@carlsbadca.gov or 760-602:..2744
Summary vacation of pipeline easement over Lots 9, 10, 12, 14 thru 17,
and 22 of Map No. 16091, within Robertson Ranch West Village, CT 13-03,
VAC 2019-0004
Recommended Action
Adopt a Resolution to summarily vacate a pipeline easement over Lots 9, 10, 12, 14 thru 17,
and 22 of Map No. 16091, VAC 2019-0004, located at 3433, 3437, 3441, 3442, 3445, and 3454
Trailblazer Way and 3445 and 3449 Glen Avenue.
Executive Summary
The following property owners in the Robertson Ranch West Village are requesting a summary
vacation of a portion of a pipeline easement which has no current or future use and traverses
. their properties:
Lot Number Property Owners
9 Patrick R. Bitner and Ruthjoy R. Bitner
10 Justin Levy and Michelle Levy
12 Jordan Racey and Phany S. Racey
14 Charles Luna and Carolyn Luna
15 Eric Watanabe and Tanya A. Watanabe
16 Annette L. Peer
17 Ryan W. Tedder, Melissa L. Tedder, Pennylee L. Vasconcellos, and Robert J.
Vasconcellos
22 John H. Briery and Kathleen A. Briery
The easement was dedicated to Oceanside Mutual Water Company (OMWC) on July 11, 1930
and acquired by City of Carlsbad as a successor in interest. There are no active waterlines
within said easement. With no current or future use of said easement for pipeline purposes,
staff recommends approving a quitclaim of that portion of a pipeline easement over Lots 9, 10,
12, 14 thru 17, and 22 of Map No. 16091, VAC 2019-0004. Pursuant to California Streets and
Highways Code, Section 8333, the City Council may summarily vacate a public service
easement.
June 11, 2019 Item #4 Page 1 of 11
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
staff recomm(;!nds approving the summary vacation of that portion of a pipeline easement over
Lots 9, 10, 12, 14 thru 17, and 22 of Map No. 16091, VAC 2019-0004.
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 9, 10, 12, 14 thru 17, and 22 of Map No. 16091, VAC 2019-
0004.
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.
June 11, 2019 Item #4 Page 2 of 11
Exhibits
1. City Council Resolution
2. Location Map
June 11, 2019 Item #4 Page 3 of 11
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# 2019-0301546
111111111111 lllll 1111111111111111111111111111111111111111 IIIII IIII IIII
Jul 24, 2019 02:23 PM
OFFICIAL RECORDS
Ernest J Dronen burg, 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. 2019-076
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, SUMMARILY VACATING A PIPELINE EASEMENT OVER
LOTS 9, 10, 12, 14 THRU 17, AND 22 OF MAP NO. 16091, LOCATED
AT ROBERTSON RANCH WEST VILLAGE. CASE NAME: ROBERTSON RANCH
WEST VILLAGE; CASE NO.: VAC 2019-0004
June 11, 2019 Item #4 Page 4 of 11
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. 2019-076 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PIPELINE EASEMENT OVER LOTS 9, 10,
12, 14 THRU 17, AND 22 OF MAP NO. 16091, LOCATED AT ROBERTSON RANCH WEST
VILLAGE. CASE NAME: ROBERTSON RANCH WEST VILLAGE; CASE NO.: VAC 2019-0004 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.
~
HECTOR GOMEZ
DEPUTY CITY CLERK
(SEAL)
June 11, 2019 Item #4 Page 5 of 11
RESOLUTION NO. 2019-076
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, SUMMARILY VACATING A PIPELINE EASEMENT OVER LOTS 9,
10, 12, 14 THRU 17, AND 22 OF MAP NO. 16091, LOCATED AT ROBERTSON
RANCH WEST VILLAGE
CASE NAME:
CASE NO.:
ROBERTSON RANCH WEST VILLAGE
VAC 2019-0004
WHEREAS, the City Council of the City of Carlsbad, California has determined that Patrick R.
Bitner and Ruthjoy R. Bitner, the property owners of Lot 9, Justin Levy and Michelle Levy, the property
owners of Lot 10, Jordan Racey and Phany S. Racey, the property owners of Lot 12, Charles Luna and
Carolyn Luna, the property owners of Lot 14, Eric Watanabe and Tanya A. Watanabe, the property
owners of Lot 15, Annette L. Peer, the property owner of Lot 16, Ryan W. Tedder, Melissa L. Tedder,
Pennylee L. Vasconcellos, and Robert J. Vasconcellos, the property owners of Lot 17, and John H. Briery
and Kathleen A. Briery, the property owners of Lot 22 of Carlsbad Tract No. 13-03, Map No. 16091 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:
June 11, 2019 Item #4 Page 6 of 11
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.
3. That the City Council hereby summarily vacates a pipeline easement over Lots 9, 10, 12,
14 thru 17, and 22 of Map No. 16091, recorded February 2, 2016 as Doc. No. 2016-
7000051 of Official Records filed in the Office of the County Recorder of the County of
San Diego, located at 3433, 3437, 3441, 3442, 3445, and 3454 Trailblazer Way and 3445
and 3449 Glen Avenue.
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 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.
~ ~uf BARBARA ENGLESON, City Clerk
(SEAL)
June 11, 2019 Item #4 Page 7 of 11
EXHIBIT "A"
LEGAL DESCRIPTION
VACATION
PIPELINE EASEMENT
VAC 2019-0004
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, 193 0 IN
BOOK 1796 OF DEEDS, PAGE 142 OF OFFICIAL RECORDS, WITHIN THE
FOLLOWING DESCRIBED REAL PROPERTY:
LOTS 9, 10, 12, 14-17 AND 22 OF MAP 16091 RECORDED FEBRUARY 2,
2016 AS FILE NO. 2016-7000051 OF OFFICIAL RECORDS, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
G:\101307\Parcels\Waterline Quitclaim-PA13.doc
June 11, 2019 Item #4 Page 8 of 11
. ' LEGAL DESCRIPTION
PORTIONS OF LOTS 9, 10, 12, 1-f; 15, 16, 11, ANO
22 OF AIAP 16091 RECOROEO FEB. 2, 2016 AS RLE
NO. 2016-7000051,·
AFFECTED LOTS
LOT APN i
LOT 9 168-380-30
LOT 10 168-380-31
LOT 12 168-380-33
LOT 14 168-380-35
LOT 15 168-380-36
LOT 16 168-380-37
LOT 17 168-380-38
LOT 22 168-380-43
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£: AIARCH 15, 2019
APPLICANT• PIPELINE EASEMENT VACATION 1-------""---'--="--'"--'-=....a...::..:•'---+-------------r-------------1 SHEET 1 OF 2 SHEETS
TOLL BROTHERS VAC 2019-0004
G: 101307 Plats Waterline Quitclaim-West.dwg Apr 08, 2019 7: 46am
Xrefs: 1007BMAP; 1007 AMAP June 11, 2019 Item #4 Page 9 of 11
LEGEND
----SUBDl'AS/04/ BOIJNDARY
LOTllNE
Vz;) AREA OF VACATION
PIPELINE EASEMENT TO
OCEANSIDE MUTUAL WATER-----
COMPANY (ACQUIRED BY
CITY OF CARLSBAD AS
SUCCESSOR IN INTEREST)
BK. 1796 / PG.142 REC
JUL Y 11, I 930
MAPNQ
16092
/
/
/
/
/
/
/
/
/ /
....._/ / V',, /
CRANT DEED REC.
5/11/2009 AS F/N
2009-0247694
/ / J . x ......
2710 Loker Ave. W. 760-931-7700
Suite 100 Fax:
Carlsbad, CA 760-931-8680
92010 EXHIBIT "8"
LOT 4
MAP 15608
APN 168-360-04
LOT 22
SCALE: 1 • = 1 oo·
DATE: MARCH 15, 2019
APPLICANT: PIPELINE EASEMENT VACATION --____a...=---a.-=-=-~.=..;..a..-=---+-----------r--------------1 SHEET 2 OF 2 SHEETS
/2,Vld!.,/J~~ Y/4)2 VAC 2019-0004
GEORGlUovAY () l
R.C.£ 3201,f.
TOLL BROTHERS
am
June 11, 2019 Item #4 Page 10 of 11
NOT TO SCALE
SITE MAP
Vacate Pipeline Easement over Lots
9,10,12,14 thru 17, and 22 of Map No. 16091
CT 13-03 / VAC 2019-0004
Exhibit 2
June 11, 2019 Item #4 Page 11 of 11