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Home My WebLink About2020-01-28; City Council; ; Summary vacation of a water easement over a portion of Lot 16 of Map No. 10899 located at 6800 Avenida Encinas, VAC 2017-0006CITY COUNCIL Staff Report Meeting Date: To: From: Staff Contact: Jan. 28, 2020 Mayor and City Council Scott Chadwick, City Manager Tecla Levy, Associate Engineer tecla.levy@carlsbadca.gov or 760-602-2733 CAReview M_ Subject: Summary vacation of a water easement over a portion of Lot 16 of Map No. 10899 located at 6800 Avenida Encinas, VAC 2017-0006 Recommended Action Adopt a resolution to summarily vacate a water easement over a portion of Lot 16 of Map No. 10899 located at 6800 Avenida Encinas, VAC 2017-0006. Executive Summary Hoehn Group, LLC, the property owner of Lot 16 of Map No. 10899 is requesting to summarily vacate a water easement over a portion of Lot 16 of Map No. 10899. The easement was dedicated to the City of Carlsbad on June 29, 1987, as Document No. 87-362719 for watermain and appurtenances purposes. There are no active water facilities within said portion of the water easement. With no current use or anticipated future use of said easement for water . purposes, staff recommends approving the summary vacation of a water easement over portions of Lot 16 of Map No. 10899 located at 6800 Avenida Encinas, VAC 2017-0006. Discussion On June 29, 1987, an easement for public water purposes was dedicated to City of Carlsbad as Document No. 87-362719 over the fire service and fire hydrant serving Hoehn Porsche Dealership, Lot 16 of Carlsbad Tract CT 81-5. On June 21, 2017, the Planning Commission approved Hoehn Porsche Site Development Plan, SOP 2017-0001, and Coastal Development Permit, CDP 2017-0005, for redevelopment of the Hoehn Porsche Dealership. As part of this Hoehn Porsche redevelopment project, the said existing public fire service and fire hydrant was relocated and became privately owned. There are no active public water facilities within the said portion of the easement, therefore staff recommends summarily vacating a water easement over a portion of Lot 16 of Map No. 10899 located at 6800 Avenida Encinas, VAC 2017-0006. 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and Highways Code, a public service easement may be summarily vacated by the City Council if the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities Jan. 28, 2020 Item #6 Page 1 of 7 located within the easement. Therefore, staff recommends approving the summary vacation of a water easement over a portion of Lot 16 of Map No. 10899 located at 6800 Avenida Encinas, VAC 2017-0006. Fiscal Analysis The water 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 water 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 Jan. 28, 2020 Item #6 Page 2 of 7 RESOLUTION NO. 2020-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUMMARILY VACATING A WATER EASEMENT OVER A PORTION OF LOT 16 OF MAP NO. 10899 LOCATED AT 6800 AVENIDA ENCINAS WHEREAS, the City Council of the City of Carlsbad, California has determined that Hoehn Group, LLC, the property owner of Lot 16 of Map No. 10899, filed in the Office of the County Recorder of the County of San Diego on April 11, 1984, have filed an application to summarily vacate a waterline easement over portions of said property; and WHEREAS, on June 29, 1987, an easement was dedicated to the City of Carlsbad for water main and appurtenances purposes as Document No. 87-362719 of official records; and WHEREAS, the City of Carlsbad is the successor in interest to said water easement; and WHEREAS, this proposed summary vacation is made pursuant to Section 8333 of the California Streets and Highways Code; and WHEREAS, said water 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 water line 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. 3. That the City Council hereby summarily vacates a water easement recorded on June 29, 1987 as Document No. 87-362719 over a portion of Lot 16 of Map No. 10899 located at 6800 Avenida Encinas. 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 Jan. 28, 2020 Item #6 Page 3 of 7 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 Regular Meeting of the City Council of the City of Carlsbad on the 28th day of January 2020, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. Jan. 28, 2020 Item #6 Page 4 of 7 EXHIBIT "A" LEGAL DESCRIPTION VACATION OF WATER EASEMENT VAC 2017-0006 That certain Partnership Grant Deed in the City of Carlsbad, County of San Diego, State of California recorded June 29, 1987 as Document No. 1987-362719 in the Office of the County Recorder of said San Diego County, more particularly described as follows: That portion of lot 16 of Carlsbad Tract No 81-5 in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 10899, filed in the Office of the County Recorder of said San Diego County, April 11, 1984. COMMENCING at the north easterly corner of said Lot 16; thence South 89°58'20" West, along the northerly boundary of said Lot 16, a distance of 193.00 feet to the TRUE POINT OF BEGINNING; thence South 0°01 '14" East, perpendicular to said northerly boundary, 16.33 feet; thence North 89°58'20" East, parallel to said northerly boundary, 53.00 feet; thence South 0°01 '14" East, perpendicular to said northerly boundary, 10.00 feet; thence South 89°58'20" West parallel to said northerly boundary, 73.00 feet; thence North 0°01 '14" West, perpendicular to said northerly boundary, 26.33 feet to the northerly boundary of said Lot 16; thence North 89°58' 20" East, along said northerly boundary, 20.00' to the TRUE POINT OF BEGINNING. CONTAINING: 1,056 square feet more or less. EXHIBIT "B" attached hereto and by this reference made a part thereof. This description was prepared by me or under my direction. R. Duquette, PLS 66 Date cense expires 12/31/17 1 of 1 H:\PDATA\ 155029_Hoehn Porsche\CADD\Mapping\Proposed Quitclaim\From Temecula\ 155029/g/001.doc Jan. 28, 2020 Item #6 Page 5 of 7 EXHIBIT "B" VACATION OF WATER EASEMENT VAC 2017-0006 / VICINITY MAP 15 MAP NOT TO SCALE NO. 1 6 10899 JNTERSTATE 5 @ 1 2 3 4 5 [I) ~(TJ ~a' ' -.....J n:; C) -t.rj j:3'o• ;:·---[I)~ / " 8 I , Q.. I ,q .:J~ I -...r..----'3i~ 20. oo' I '?_1 I ~'-'.!/~ T.P.O.B. \ C)/ \ __ cy <§'lb---\ 3 ,ot.r5 ---~ /;?9:> ---' " !P DATA TABLE BEARING/DELTA RADIUS LENGTH S00°01 '14"E --16.33' N89°58'20"E --53 .00' S00°01 '14"E --10.00' S89°58'20"W --73.00' N00 O 0 1 ' 14" W --26.33' SHEET 1 OF 1 SHEETS '-. E 0 ll1 0 Ol I'- '-I'- '-CXJ a::: w z w ~ 0 > w a::: ' 0 \ ~ \ ~ N \ ~ 20. 00' \ 9, T.P.O.B. I ::5 I § I ~ I DETAIL NO SCALE / / / / I :::::ii: 0 a::: > :::::ii: <i: _J ~ 5 0 0 w (/) 0 0... 0 a::: ~ c., z 0... 0... <l'. 3-0 0 <l'. () / w :r: () VJ a::: 0 0... z :r: w 0 II Ol N 0 APN # 214-450-16 ~ PROJECT ID: SDP2017-0001 f RELATED PROJECT ID: <l'. Michael Baker INTERNATIONAL CDP2017-0005 ~ -----------------------------------I Jan. 28, 2020 Item #6 Page 6 of 7 LOCATION MAP PACIFIC OCEAN NOT TO SCALE PROJECT NAME VACATION OF WATER EASEMENT APN 214-450-16 PLOTTED BY: SCOTT EVANS PLOT DATE:1O/11/19 PA1H:D:\DE\£LOPIIENT PRO.£CTS\VAC\AUTOCAD\VAC2O17-0006.Diw; PROJECT NUMBER VAC2017-0006 EXHIBIT 2 Jan. 28, 2020 Item #6 Page 7 of 7