HomeMy WebLinkAbout2006-11-07; City Council; Resolution 2006-319RECORDING REQUESTED BY:
Carlsbad City Clerk's Office
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
A-
DOC# 2006-0855633
DEC 01,2006 3:01 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY,! SMITH, COUNTY RECORDER
FEES: 0 00
PAGES: 14
2006-0855633
SPACE ABOVE THIS LINE FOR RECORDER'S USE
City of Carlsbad
Resolution No. 2006-319
of
November 7. 2006
AB 18,783
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO ) ss.
I, Sheila R. Cobian, 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. 2006-319 SUMMARILY VACATING SLOPE.
CONSTRUCTION AND WATER EASEMENTS NEAR THE NORTHEAST
CORNER OF AVIARA PARKWAY AND POINSETTIA LANE (APN 214-550-01
AND 215-070-36) BACK TO THE UNDERLYING PROPERTY OWNER 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 7th day
of November 2006.
AK,;.^SHEILA RcoBiAN
DEPUTY CITY CLERK
(SEAL)
''•,:: * * ^
"mU'.^
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RESOLUTION NO. 2006-319
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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4
5 PROPERTY OWNER.
6 WHEREAS, Calvary Chapel - North Coast, a California Non-Profit Corporation,
has submitted a request for a summary vacation on property located near the northeast corner of
Aviara Parkway and Poinsettia Lane of slope and/or construction easements acquired per
Doc. 1999-0740360 recorded November 5, 1999; Doc. 1996-0578777 recorded November 15,
•/- /
13860
CARLSBAD, CALIFORNIA, SUMMARILY VACATING FOUR
SLOPE AND CONSTRUCTION EASEMENTS AND ONE WATER
EASEMENT NEAR THE NORTHEAST CORNER OF AVIARA
PARKWAY AND POINSETTIA LANE (ASSESSOR PARCEL NOS.
214-550-01 AND 215-070-36) BACK TO THE UNDERLYING
1996; Doc. 1997-0651331 recorded December 22, 1997 as of Official Records of San Diego
County within San Diego County; and of a water easement acquired per Parcel 'D' per Doc. 1997-
0651331 recorded December 22, 1997 in the Official Records of San Diego County; and
WHEREAS, in 1997, the City condemned said slope and/or construction easements and a
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water easement fronting then Alga Road; and14
WHEREAS, in 1999, the City condemned said slope and/or construction easements
15
fronting Poinsettia Lane; and
16
WHEREAS, said easements are defined as public service easements per Section 8306 of
the California Streets and Highways Code; and
18 WHEREAS, said public service easements have not been used for the purpose for which
they were acquired for five consecutive years and are not now, nor are they contemplated to be,
needed for slope construction and maintenance purposes or water facility purposes in the future;
and
WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
interest to summarily vacate said public service easements.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:25
1. That the above recitations are true and correct.
26"
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13861
2. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and
Highway Code, said public service easements more particulary described in Exhibit A of PR 05-63,
PR 05-66, PR 05-67 and PR 05-92, and shown for the sake of clarity in Exhibit B of PR 05-63,
PR 05-66, PR 05-67 and PR 05-92, be summarily vacated.
3. The City Clerk is directed to record this resolution, the attached legal descriptions5
and plats in the Office of the County Recorder of San Diego County.6
4. From the date the resolution is recorded in the County Recorder's office, the area
vacated no longer constitutes a public service easement.8
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13862
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 7th day of November, 2006, by the following vote:
AYES: Council Members Lewis, Hall, Packard, Sigafoose
NOES: None
ABSENT: Council Member Kulchin
LORRAINE M. WOOU, City Clerk'
(SEAL)
FEBRUARY 24, 2006
J.N. 021043
PAGE 1 OF 1
-H5-
EXHIBIT 'A'
VACATION OF EASEMENTS 13863
APN 215-070-36
PR 05-63
LEGAL DESCRIPTION
ALL THOSE PORTIONS OF CERTAIN PARCELS 2, 3, 4, AND 5 FOR
SLOPE AND CONSTRUCTION EASEMENTS IN FAVOR OF THE CITY OF
CARLSBAD ACQUIRED PER DOCUMENTS RECORDED NOVEMBER 5, 1999
AS DOC. 1999-0740360 OF OFFICIAL RECORDS OF SAN DIEGO
COUNTY WITHIN THE FOLLOWING DESCRIBED REAL PROPERTY:
THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 22 TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF.
O:\Legal_Descriptions\971039\PR05-63.doc
1
T 13864
1
\
\
LOT 1 OFC.T. 91-12MARINERSPT.
UNIT 1, PER MAP NO. 13394
REC. JAN 24, 1997
N.W. 1/4 OF THES.W. 1/4 OF
THES.W. 1/4 OF SECTION 22
LEGEND:
PROPERTY LINE
EXISTING EASEMENT LINE
SLOPE PER 1999-0740360
REC 11-5-99
CONSTRUCTION PER
1999-0740360
REC 11-5-99
0' 50'
V///////A
100'
SCALE: 1" = 200'
APM 216-070-38
SOUTH 1/2 OF THE S.W. 1/4
OF THE S. W. 1/4 OF SECTION 22
EXHIBIT 'B'SHT. 1 OF 1
CONSULT T S
2710 Lokar Avenue WestSuite 100
Carlsbad. California 92010
760-931-7700
Fax: 760-931-8680
OdQyOOdoyconaultonto.com
Civil Engineering
Planning
Processing
Surveying
CITY OF CARLSBAD
VACATION
OF
SLOPE A CONST. EASEMENT
Date: 02-24-2006
A.P.N. 215-070-36
PR 05-63
tt \8710W\97MZW08.dwg Oct 19, 200* 20Opm
Ximta S73M*r, 873Umap
SEPTEMBER 7, 2006
J.N. 021043
PAGE 1 OF 1
EXHIBIT 'A'
VACATION OF EASEMENTS
APN 214-550-01, 215-070-36
PR 05-66
LEGAL DESCRIPTION
13865
ALL THOSE PORTIONS OF SLOPE EASEMENTS ACQUIRED PER DOC.
1996-0578777 RECORDED NOVEMBER 15, 1996; DOC. 1997-0651331
RECORDED DECEMBER 22, 1997 IN SAN DIEGO COUNTY WITHIN THE
FOLLOWING DESCRIBED REAL PROPERTY:
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4
WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF.
TOGETHER WITH
THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 22 TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF.
TOGETHER WITH
LOT 1 OF CARLSBAD TRACT 91-12, MARINERS POINT UNIT 1, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13394, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
CALIFORNIA ON JANUARY 24, 1997.
0:\Legal_Descriptions\971039\PR05-66.doc
LOT 1 OF C.T. 91-12 MARINERS PI
UNIT 1, PER MAP NO. 13394
REC. JAN 24, 1997
APM 214-660-01
216-0/0-13
"T
N.W. 1/40FTHES.W. 1/4 OF
THE S. W. 1/4 OF SECTION 22
APNi 216-070-38
SOUTH 1/2 OF THE S.W. 1/4
OFTHES.W. 1/4 OF SECTION 22
» v *-U,
28 i 27 \ \
LEGEND:
PROPERTYLINE
EXISTING EASEMENT LINE
SLOPE EASEMENT
PER 1996-0578777
REC. 11-15-1996
SLOPE EASEMENT
PER 1997-0651331
REC. 12-22-1997
EXHIBIT 'B'SHT. 1 OF 1
2710 Lokar Avenue WestSuite 100
Cartabod, California 92010
760-931-7700Fax: 760-931-8680
OdoyOOdoycon8ultant8.com
Civil Engineering
Planning
Processing
Surveying
CITY OF CARLSBAD
VACATION
OF
SLOPE EASEMENT
Date: 02-24-2006
A.P.N.214-550-01
215-070-36
PR 05-66
ft\9710»\ratZWO&d«g Oct 19, 2008 207pm
Xrafr 973ftJrtr, TOMmap
February 24, 21_
J.N. 021043
PAGE 1 OF 1
EXHIBIT VA'
VACATION OF EASEMENTS
APN 215-070-36
PR 05-67
LEGAL DESCRIPTION
THAT PORTION OF CERTAIN PIPELINE EASEMENT IN FAVOR OF THE
CITY OF CARLSBAD MORE PARTICULARLY DESCRIBED AS PARCEL 'D'
PER DOC. 1997-0651331 RECORDED DECEMBER 22, 1997 IN
OFFICIAL RECORDS OF SAN DIEGO COUNTY WITHIN THE FOLLOWING
DESCRIBED REAL PROPERTY:
THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 22 TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF.
O:\Legal_Descriptions\971039\PR05-67.doc
u_c
4o
-4-1
3
CO
oO
o
Q
CO
OOCM
13868
1
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LOT 1 OFCJ. 91-12 MARINERS PT.
UNIT 1, PER MAP NO. 13394
REC. JAN 24, 1007
N.W. 1/4 OF THE S.W. 1/4 OF
THES.W. 1/4 OF SECTION 22
LEGEND:
PROPERTY LINE
EXISTING EASEMENT LINE
WATER PER 1997-0651331
REC 12-22-97
TOO1 400'
SCALE: 1" = 200'
APNt 216-070-38
SOUTH 1/2 OF THE S.W. 1/4
OFTHES.W. 1/4 OF SECTION 22
EXHIBIT 'B'
CONSULT T S
2710 Loker Avenue WestSuite 100
Carlsbad. California 92010
760-931-7700Fax: 760-931-8680
OdQyOOdaycon8ultonts.com
Civil Engineering
Planning
Processing
Surveying
CITY OF
CARLSBAD
VACATION
OF
WATER EASEMENT
Date: 02-24-2006
A.P.N. 215-070-36
PR 05-67
S:\t71038\87MZWRdvg Oct Ifl, 200t 2«pm
Xrrt: R73Mrtr, 9739dmap
EXHIBIT "A" 13869
Page 1 of 1
LEGAL DESCRIPTION
CITY OF CARLSBAD
PARTIAL VACATION
SLOPE EASEMENT, INSTRUMENT NO. 1997-0651331
PR 05-92
Any slope easement rights that may be held by the City of Carlsbad, in the City of Carlsbad, County of
San Diego, State of California, as described in the Final Order of Condemnation Superior Court Case
No. 288574 recorded December 22, 1997 as Instrument No. 1997-0651331 of Official Records in the
Office of the County Recorder of said San Diego County, lying easterly of the westerly line of Section
22, Township 22, Township 12 South, Range 4 West, San Bernardino Meridian, according to the
official plat thereof and lying westerly of the westerly line of "Alga Road Street Dedication for Sambi
Seaside Heights within T.A.P. No. 215-07-12" as described in said Final Order of Condemnation,
more particularly described in said Final Order of Condemnation as follows:
A portion of that real property described in a Grant Deed to Daljit S. Sarkaria and Elaine Sarkaria,
husband and wife as community property, according to a document recorded February 6, 1981 in the
Office of the County Recorder of San Diego County, State of California as file Page No. 81-037884
being more particularly described as follows:
BEGINNING at the southeast corner of that 68.558 acre parcel as shown on Record of Survey No.
9812 recorded in the Office of the County Recorder of San Diego County on 18 October, 1984, thence
along the south line of said parcel North 89° 13'59" West a distance of 220.41 feet to the TRUE
POINT OF BEGINNING; thence leaving said south line, South 40°20'11" East a distance of 182.19
feet; thence South 31°09'54" East a distance of 314.70 feet; thence South 71°42'26" East a distance of
96.57 feet; thence South 02°52'49" East a distance of 17.03 feet; thence South 50°22'56" West a
distance of 80.56 feet; thence South 17°02'27" East a distance if 135.78 feet; thence
South 61°33' 14" East a distance of 107.15 feet; thence South 07°07'47" West a distance of 11.25 feet;
thence South 60° 14'26" West a distance of 70.58 feet; thence South 14°24'34" East a distance or
411.56 feet; thence South 01°33°35" East a distance of 44.89 feet; thence North 86°59'29" West a
distance of 165.11 feet; thence North 37°59'25" West a distance of 37.13 feet; thence
North 18°04'30"West a distance of 279.17 feet; thence North 00°33'30" East a distance of 139.83
feet; thence North 89°10'01" West a distance of 33.73 feet; thence North 14°23'40" West a distance of
180.66 feet; thence North 21°04' 11" West a distance of 126.63 feet; thence North 26°01'40" West a
distance of 116.48 feet; thence North 31 °19'47" West a distance of 137.25 feet; thence
North40°20' 11 "West a distance of 290.81 feet to said south line; thence along said south line,
South 89° 13'59" East a distance of 221.63 feet to the TRUE POINT OF BEGINNING.
CONTAINING: 17,387 Square feet.
SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Records.
EXHIBIT "B" attached and by this reference made a part hereof.
jregory A. Helmer, L.S. 513^
Dated: October 5, 2006
10102194\admin\legals\21941gl053 .doc
BASIS OF BEARINGS
THE BASIS OF BEARINGS FOR THIS MAP IS THE SOUTH LINE OF
THAT 68.558 ACRE PARCH. AS SHOW ON RECORD OF SURVEY NO.
9812 RECORDED OCTOBER 18, 1984 IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, I.E. N89'13'59"W
13870
VICINITY MAP
NOT TO SCALE
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EXHIBIT fB'SHEET 1 OF 2
CITY OF CARLSBAD
DATE: FEBRUARY 22, 2005
SCALE: AS SHOWN
APN: 215-070-36
EASEMENT VACATION (INST. NO. 1997-0651331)
THAT CERTAIN LAND SITUATED IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION OF THE
SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE
4 WEST, SAN BERNARDINO MERIDIAN.
DRAWN BY:
RBF CONSULTING
PR 05-92
REVISED: OCTOBER 5, 2006
H:\PDATA\10102194\CADD\MAPPING\EXHIBITS\2194EX098.DWG MSB 10/5/06 11:15 am
R. 5. MAP NO. 9812
SOUTH LINE PER
R.S.9812 ^ TO 00(BASIS OF X T.P.O.B.
BEARINGS)P.O.C.
SE CORNER OF
68.558 AC. PARCEL
PER R.S. 9812
LINE SECTION 22
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EXIST. ESUT.
PORTION TO BE
QUITCLAIMED
(SCALE: 1"=200')
DATA TABLE
13871
(NO) BRNG/DELTA RADIUS LENGTH
S89'13
S40'20
S71'42
502'52
S50'22
S17'02
S61'33
S07'07
S60'14
S01'33
N86'59
N37'59
N18'04
N00'33
N89'10
N14'23
N21'04
N26'01
N31'19
N40'20
S89'13
'59"E
'11"E
'26"E
'49"E
'56 "If
'27"E
'14"E
'47"i
'26 "If
'35"E
'29 "If
'25 "It
'JO "IT
'30"E
'01"W
'40"lf
'J1"Hf
'40"Hf
'47"W
'11"H
'59"E
220.41'
182.19'
96.57'
17.03'
80.56'
135.78'
107.15'
11.25'
70.58'
44.89'
165.11'
37.13'
279.17'
139.83'
33.73'
180.66'
126.63'
116.48'
137.25'
290.81'
221.63'
FOR. SEC, 22,
T.12S., R.4W., S.BM
If'LY LINE OF "ALGA ROAD STREET DEDICATION FOR
SAMBI SEASIDE HEIGHTS HflTHIN T.A.P. NO.
215-07-12" PER FINAL ORDER
RECORDED AS INST. 1998-
THIS MAP HAS PREPARED BY ME OR UNDER MY
DIRECTION
EXHBfT'B'
GREGORY A. HELMER
DATE: OCTOBER 5, 2005
P.L.S 5134
SHEET 2 OF 2
CITY OF CARLSBAD
DATE: FEBRUARY 22, 2005
SCALE: AS SHOWN
APN: 215-070-36
EASEMENT QUITCLAIM1 (INST. NO. 1997-0651331)V
THAT CERTAIN LAND SITUATED IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A
PORTION OF THE SOUTHWEST QUARTER OF SECTION 22. TOWNSHIP
12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN.
DRAIfN BY:
RBF CONSULTING
PR 05-92
REVISED: OCTOBER 5, 2006
I:\PDATA\10102194\CADD\MAPPNG\EXHIBITS\2194EX097.DWG MSB 10/5/06 11:09 am
I
1
RESOLUTION NO. 2006-319
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, SUMMARILY VACATING FOUR
SLOPE AND CONSTRUCTION EASEMENTS AND ONE WATER
4 EASEMENT NEAR THE NORTHEAST CORNER OF AVIARA
PARKWAY AND POINSETTIA LANE (ASSESSOR PARCEL NOS.
5 214-550-01 AND 215-070-36) BACK TO THE UNDERLYING
PROPERTY OWNER.
6 WHEREAS, Calvary Chapel - North Coast, a California Non-Profit Corporation,
has submitted a request for a summary vacation on property located near the northeast corner of
8 Aviara Parkway and Poinsettia Lane of slope and/or construction easements acquired per
9 Doc. 1999-0740360 recorded November 5, 1999; Doc. 1996-0578777 recorded November 15,
10 1996; Doc. 1997-0651331 recorded December 22, 1997 as of Official Records of San Diego
11 County within San Diego County; and of a water easement acquired per Parcel 'D' per Doc. 1997-
12 0651331 recorded December 22, 1997 in the Official Records of San Diego County; and
13 WHEREAS, in 1997, the City condemned said slope and/or construction easements and a
water easement fronting then Alga Road; and14
WHEREAS, in 1999, the City condemned said slope and/or construction easements
15
fronting Poinsettia Lane; and
16
WHEREAS, said easements are defined as public service easements per Section 8306 of
the California Streets and Highways Code; and
18 WHEREAS, said public service easements have not been used for the purpose for which
19 they were acquired for five consecutive years and are not now, nor are they contemplated to be,
20 needed for slope construction and maintenance purposes or water facility purposes in the future;
21 and
22 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
23 interest to summarily vacate said public service easements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:25
1. That the above recitations are true and correct.
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1 2. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and
2 Highway Code, said public service easements more particulary described in Exhibit A of PR 05-63,
3 PR 05-66, PR 05-67 and PR 05-92, and shown for the sake of clarity in Exhibit B of PR 05-63,
PR 05-66, PR 05-67 and PR 05-92, be summarily vacated.
3. The City Clerk is directed to record this resolution, the attached legal descriptions
5
and plats in the Office of the County Recorder of San Diego County.6
4. From the date the resolution is recorded in the County Recorder's office, the area
vacated no longer constitutes a public service easement.8
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18,
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20 »'
21 /"
22 ///
23 ///
24 ///
25 ///
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 7th day of November, 2006, by the following vote:
AYES: Council Members Lewis, Hall, Packard, Sigafoose
NOES: None
ABSENT: Council Member Kulchin
L~ORRA4NE M. WOOD, CityClerkJ
(SEAL)