HomeMy WebLinkAbout2007-07-10; City Council; Resolution 2007-1621
RESOLUTION NO. 2007-162
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, SUMMARILY VACATING A
GENERAL UTILITY EASEMENT ACROSS PARCELS 2, 3, AND 4
4 OF MS 04-19A. MAP 19958 (PR 07-01. CUP 06-11).
5 WHEREAS, a general utility and access easement was created over portions of
6 Parcels 2, 3, and 4 by Parcel Map No. 19958 (MS 04-19A); and
7 WHEREAS, said easement is defined as public easement per section 8306 of the
o California Streets and Highways Code; and
WHEREAS, Planning Commission approved Conditional Use Permit No. 06-11
9
(CUP 06-11) for the proposed Pacific Ridge School pursuant to Resolution No. 6222 dated
January 3, 2007; and
11 WHEREAS, condition 46 of Resolution No. 6222 requires the owner to dedicate to the
12 City a replacement general utility and access easement along the new alignment of the proposed
13 private road serving Parcels 2, 3, and 4 of MS 04-19A, including the proposed Pacific Ridge
School site, as shown on the development site plan for CUP 06-11; and14
WHEREAS, condition 44 of Resolution No. 6222 requires the owner to vacate the
existing general utility and access easement within Parcels 2, 3, and 4 of MS 04-19A; and
16 WHEREAS, new general utility and access easements per condition 46 of
17 Resolution No. 6222 have been dedicated per Document No. 2007-0327620 and Document No.
2007-0327621, recorded on May 14, 2007; and
WHEREAS, the utility companies have no facilities within the area to be vacated.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
20 California, as follows:
1. That the above recitations are true and correct.
22 2. That pursuant to Section 8335 and 8336 of California Streets and Highways
23 Code, said general utility and access easement more particularly described in Exhibit A, and
shown for the sake of clarity in Exhibit B, be summarily vacated.
3. The City Clerk is directed to record this resolution in the Office of the County
25 Recorder of San Diego County.
4. From the date the resolution is recorded in the County Recorder's office, the area
27 vacated no longer constitutes a general utility and access easement except the area that was
28 re-dedicated per Document No. 2007-0327620 and Document No. 2007-0327621.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 10th day of July, 2007, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
T Mayor
ATTEST:
M. WOODGJity Qe
EXHIBIT "A"
LEGAL DESCRIPTION
FOR
EASEMENT VACATION
PR 07-01
ALL OF THAT PORTION OF THE GENERAL UTILITY AND ACCESS EASEMENT
LYING WITHIN PARCEL 2, 3 AND 4 OF CITY OF CARLSBAD MS 04-19A, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
ACCORDING TO PARCEL MAP THEREOF NO. 19958 FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 27, 2006, VACATED.
RONALD E. ROTH, LS 5506
(MY LICENSE EXPIRES 09/30/2008)
DATED: ^ /-2.O/O7
EXHIBIT 'B'
LEGAL DESCRIPTION:
BEING PORTIONS OF PARCELS 2, 3 AND 4 OF PARCEL
MAP 11958
BASIS OF BEARINGS:
THE BASIS OF BEARINGS FOR THIS PLAT IS A PORTION
OF THE EASTERLY LINE OF PARCEL 2 PER PM 19958
/.ft
LEGEND:
INDICATES AREA OF EASEMENT VACATION
1.142 ACRES, MORE OR LESS
P.O.C. INDICATES POINT OF COMMENCEMENT
T.P.O.B. INDICATES TRUE POINT OF BEGINNING
(PRO) INDICATES POINT OF REVERSE CURVE
(R) INDICATES RADIAL
RONALD L ROTH
LICENSE EXPIRES 9/30/2008
DATE
PROJECT DESIGN CONSULTANTS
Planning I Landscape Architecture I Environmental I Engineering I Survey
TOIBStfMt, SuteSOO
C19.236.W71H
EASEMENT VACATION - CITY OF CARLSBAD
SanDfegaCA 92101
61&234,0349FK
PR 07-01
SHEET1 OFJ
APPLICANT:
PRS Acquisition <Jr Constr.
12750 High Bluff Drive,
Suite 200
San Diego, CA 92130
A=76'25'31
R= 135.00'
L=180.07'
R=108.00'
L=60.96'
N26?835W
35.16'!
&*34'36'59
R=96.00'
L=58.00'
PJVJ 19958
fefl OF 3 I JL
' / 4 / T
NO.
C1
C2
CJ
DELTA
08'44'13"
24-25'33"
W26'34"
NO.
LI
12
L3
14
15
L6
17
RADIUS
139.00'
30.00'
20.00'
BEARING
N05'5r45"E
N75-24'02"WfR)
N17V6'19"W
N48'27'02"E
N25V6'20"E
N40'27'02"W
/V05'5/'45"£
LENGTH
21.20'
12.79'
6.79'
LENGTH
19.99'
4.00'
9.53'
13.38'
8.83'
9.86'
16.83'
DETAIL
NO SCALE
CARLSBAD TRACT CT 00-08
MAP NO, 14500
LOT 20
EASEMENT VACATION - CITY OF CARLSBAD PR 07-01
SHEET20F3
APPLICANT:
PRS Acquisition & Constr.
12750 High Bluff Drive,
Suite 200
Son Diego, CA 92130
EXHIBIT *B'
PCL 3
SEE SHEET 2 OF 3;
/
N89"20'23'W 418.02' I
PM -19958
4=111155
R=96.00'
L=18.76'
N15'2850E(R
PALMETTO
DRIVE
CARLSBAD
/ /' CT 02-14
y JVIAP1 NO, 14779
CARLSBAD TRACT
CT 00-06
MAP NO, 14600
LOT 20
NO.
C1
C2
C3
C4
C5
DELTA
ini'55"
207'JI '22"
1015'41"
46'54'51"
1012'17"
RADIUS
132.00'
48.00'
48.00'
48.00'
628.00'
LENGTH
25.80'
173.86'
8.60'
39.30'
111.85'
EASEMENT VACATION - CITY OF CARLSBAD PR 07-01
SHEET30F3
APPLICANT:
PRS Acquisition & Constr.
12750 High Bluff Drive,
Suite 200
Son Diego, CA 92130