HomeMy WebLinkAbout2004-12-14; City Council; Resolution 2004-405DOC # 2004-1 201 102
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DEC 21,2004 4:45 PM
U FFlClAL RE CO R US
'SP1.l DlEGU CUUNTY RELORDER'S OFFICE IGEEGOR'i'J SMITH, CUUFIT'I RECORDER FEES 0 00 FAG E S 6
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RECORDING REQUESTED BY:
Carlsbad City Attorney's Office
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Reso I u tio n
2004-405
\Word\County RecorderRecorder Cover Sheet.doc
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RESOLUTION NO. 2004-405
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, VACATING A PORTION OF ESTRELLA
DE MAR ROAD AND CORTE QUINTA MAR. (STV 03-02) CT-03-01-01.
WHEREAS, the City Council of the City of Carlsbad on November 9, 2004, did adopt
Resolution of Intention No. 2004-355 declaring their intention to vacate a portion of Estrella De
Mar Road and Corte Quinta Mar.
WHEREAS, the City Council did find in said Resolution that the proposed vacation was in
accordance with the Growth Management policies and consistent with the General Plan; and
WHEREAS, all publication and posting of notices regarding the proposed vacation of
portions of Estrella De Mar Road and Corte Quinta Mar, pursuant to said Resolution have been
given as required by law; and
WHEREAS, the City Council did hear the evidence offered by all persons interested in
said proposed vacation and does find, from all the evidence submitted, that the portion of Estrella
De Mar Road and Corte Quinta Mar proposed to be vacated are unnecessary for present or
prospective street purposes.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1.
2.
That the above recitations are true and correct.
That pursuant to Division 9, Part 3, Chapter 3 of the California Streets and
Highways Code the portion of Estrella De Mar Road and Corte Quinta Mar as described in Exhibit
A and shown for the sake of clarity on Exhibit B are hereby vacated, closed up and abandoned for
public street purposes.
3. That a general utility and access easement and rights necessary to maintain,
operate, replace, remove or renew in-place public facilities are reserved and excepted from the
vacation; of Estrella De Mar Road.
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From the date the resolution is recorded in the County Recorder’s Office, the area being vacated
no longer constitutes a street.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 14th day of December , 2004 by the following vote, to wit:
AYES:
NOES: None
ABSENT: None
Council Members Lewis, Finnila, Kulchin, Hall and Packard.
,
WE Mf/VOOD, City Clerk (SEAL)
EXHIBIT "A" SHEET 1 OF 1 SHEETS
LEGAL DESCRIPTON STREET VACATION SW 03-02
ESTRELLA DE MAR ROAD:
THAT PORTION OF ESTRELLA DE MAR ROAD AS SHOWN BY LA COSTA VALLEY UNIT No. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF No. 5434, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 28, 1964,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 129 PER SAID MAP No. 5434; THENCE NORTH 8537'26" WEST, ALONG THE SOUTHERLY LINE OF SAID ESTRELLA DE MAR ROAD, 60.00 FEET, TO THE SOUTHWEST CORNER OF SAID ROAD, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY
HAVING A RADIUS OF 3470.00 FED, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 8537'26" WEST;
THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID ROAD, AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6'00'57, AN ARC LENGTH OF 364.34 FEET, A RADIAL LINE THROUGH SAID POINT BEARS
NORTH 88'21'37" EAST; THENCE LEAVING SAID WESTERLY LINE OF SAID ROAD, NORTH 79'07'40" EAST,
60.77 FEET TO A POINT ON TkE EASTERLY LINE OF SAID ROAD AND THE BEGINNING OF A NON-TANGENT
CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 3530.00 FEET, A RADIAL LINE THROUGH SAID POINT
BEARS SOUTH 88'12'07" WEST; THENCE SOUTHERLY ALONG SAID EASTERLY LINE AND SAID CURVE THROUGH A
CENTRAL ANGLE OF 6'10'27, AN ARC LENGTH OF 380.39 FEET TO THE POINT OF BEGINNING.
AREA = 22,342 SQUARE FEET, MORE OR LESS.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
CORTE QUINTA MAR:
PALMAR COURT (NOW CALLED CORTE QUINTA MAR), AS SHOWN BY IA COSTA VALLEY UNIT No. 1, IN THE CIlY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF No. 5434, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 28, 1964.
AREA = 20,804 SQUARE FEET, MORE OR LESS.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED UNDER THE SUPERVISION OF
P.L.S. 6588 EXP. 12/3r/05
I I:\51362\~HlElTS\ST-VACOl 11/18/
i
EXHIBIT "B" SHEET 1 OF 1 SHEUS
\
STREET VACATION
SW 03-02, MP03-02 78900 AVENUE 47, STE. 208 MDS CONSULTING
(760) 771 -401 3 OF ESTREUA DE MAR ROAD
APPLICANT: PREPARED BY
KSL IA COSTA RESORT CORP. 2100 COSTA DEL MAR RD. CARLSBAD, CA 92009 LA QUINA, CA 92253 (760) 438-91 11
CERTIFICATION
STATE OF CALIFORNIA 1 1 COUNTY OF SAN DIEGO 1
I, Lorraine Wood, 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
Carlsbad City Council Resolution No. 2004-405 dated December 14, 2004, which original
is now on file in my office: 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 17th day of December 2004.
-mAT City Clerk
CITY OF CARLSBAD
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RESOLUTION NO. 2004-405
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, VACATING A PORTION OF ESTRELLA DE MAR ROAD AND CORTE QUINTA MAR. (STV 03-02) CT-03-01-01.
WHEREAS, the City Council of the City of Carlsbad on November 9, 2004, did adopt
Resolution of Intention No. 2004-355 declaring their intention to vacate a portion of Estrella De
Mar Road and Corte Quinta Mar.
WHEREAS, the City Council did find in said Resolution that the proposed vacation was in
accordance with the Growth Management policies and consistent with the General Plan; and
WHEREAS, all publication and posting of notices regarding the proposed vacation of
portions of Estrella De Mar Road and Corte Quinta Mar, pursuant to said Resolution have been
given as required by law; and
WHEREAS, the City Council did hear the evidence offered by all persons interested in
said proposed vacation and does find, from all the evidence submitted, that the portion of Estrella
De Mar Road and Corte Quinta Mar proposed to be vacated are unnecessary for present or
prospective street purposes.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1.
2.
That the above recitations are true and correct.
That pursuant to Division 9, Part 3, Chapter 3 of the California Streets and
Highways Code the portion of Estrella De Mar Road and Corte Quinta Mar as described in Exhibit
A and shown for the sake of clarity on Exhibit B are hereby vacated, closed up and abandoned for
public street purposes.
3. That a general utility and access easement and rights necessary to maintain,
operate, replace, remove or renew in-place public facilities are reserved and excepted from the
vacation; of Estrella De Mar Road.
Ill
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From the date the resolution is recorded in the County Recorder's Office, the area being vacated
no longer constitutes a street.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 14th day of December , 2004 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard.
NOES: None
ABSENT: None
ATTEST
-E MPOOD, City Clerk (SEAL)
I EXHIBIT "A" SHEET 1 OF 1 SHEETS
LEGAL DESCRIPTON
STREET VACATION STV 03-02
ESTRELLA DE MAR ROAD:
THAT PORTION OF ESTRELLA DE MAR ROAD AS SHOWN BY LA COSTA VALLEY UNIT No. 1, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF No. 5434, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 28, 1964,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 129 PER SAID MAP No. 5434; THENCE NORTH 8537'26" WEST, ALONG THE SOUTHERLY LINE OF SAID ESTRELLA DE MAR ROAD, 60.00 FEET, TO THE SOUTHWEST
CORNER OF SAID ROAD, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY
HAVING A RADIUS OF 3470.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 85'37'26" WEST; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID ROAD, AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6'00'57", AN ARC LENGTH OF 364.34 FEET, A RADIAL LINE THROUGH SAID POINT BEARS
NORTH 88'21'37" EAST; THENCE LEAVING SAID WESTERLY LINE OF SAID ROAD, NORTH 79'07'40" EAST,
60.77 FEET TO A POINT ON ThE EASTERLY LINE OF SAID ROAD AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 3530.00 FEET, A RADIAL LINE THROUGH SAID POINT
BEARS SOUTH 88'12'07" WEST; THENCE SOUTHERLY ALONG SAID EASTERLY LINE AND SAID CURVE THROUGH A
CENTRAL ANGLE OF 6'10'27, AN ARC LENGTH OF 380.39 FEET TO THE POINT OF BEGINNING.
AREA = 22,342 SQUARE FEET, MORE OR LESS.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
CORTE QUINTA MAR:
PALMAR COURT (NOW CALLED CORTE QUINTA MAR), AS SHOWN BY LA COSTA VALLEY UNIT No. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF No.
5434, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNN ON OCTOBER 28, 1964.
AREA = 20,804 SQUARE FEET, MORE OR LESS.
AS SHOWN ON EXHIBIT "B" AUACHED HERETO AND MADE A PART HEREOF.
PREPARED UNDER THE SUPERVISION OF
P.L.S. 6588 EXP. 12/3r/05
LS. 6588
EXD. 12-31-05
1 EXHIBIT "B" SHEET 1 OF 1 SHEETS
~ ~ ~
SN 03-02, MP03-02 78900 AVENUE 47, STE, 208 MDS CONSULTING
OF ESTRELLA DE MAR ROAD
APPLICANT PREPARED BY
KSL LA COSTA RESORT CORP. 2100 COSTA DEL MAR RD. CARLSBAD, CA 92009 LA QUINTA, CA 92253 (760) 438-91 11 (760) 771-4013