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Home My WebLink About2007-07-10; City Council; Resolution 2007-163 (2)9055 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# 2007-0474449 JUL16, 2007 3:41 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE G R E G 0 RY j. S MIT H. CO U N TY R E CO R D E R FEES: 0.00 PAGES: 8 2007-0474449 SPACE ABOVE THIS LINE FOR RECORDER'S USE City of Carlsbad Resolution No. 2007-163 Summarily Vacating an Easement for Relinquishment of Access Rights from Parcel 2 of Map 19958 into El Fuerte Street, PR 07-35, CUP 06-11. RE: Document Nos. 2007-0403830 and 2007-0403831 of June 14, 2007. AB 19,062 7/10/07 6 7 8 9 10 11 12 17 18 23 24 1 RESOLUTION NO. 2007-163 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUMMARILY VACATING AN EASEMENT FOR RELINQUISHMENT OF ACCESS RIGHTS FROM PARCEL 2 OF MAP 19958 INTO EL FUERTE STREET, (PR 07-35. CUP 06-11). WHEREAS, an easement for relinquishment of access rights into El Fuerte Street was created over lot 13 of Map No. 14600 pursuant to a condition of approval for Carlsbad Tract No. 00-06 (CT 00-06); and WHEREAS, said easement is defined as public easement per section 8306 of the California Streets and Highways Code; and WHEREAS, City Council approved MS 04-19A, subdividing said lot 13 of Map No. 14600 into Parcels 1, 2, 3, and 4 of Map No. 19958; and WHEREAS, Planning Commission approved Conditional Use Permit No. 06-01 9056 (CUP 06-01) for the proposed Pacific Ridge School pursuant to Resolution No. 6222 dated 1 O January 3, 2007; and 14 WHEREAS, condition 48 of Resolution No. 6222 requires the owner to dedicate to the City public road right-of-way necessary to accommodate a proposed right turn pocket at the 16 "northern entrance within Parcel 2 of MS 04-19A for the proposed Pacific Ridge School site, as shown on the development site plan for CUP 06-01; and WHEREAS, condition 49 of Resolution No. 6222 requires the owner to dedicate to the City new relinquishment of access rights easement within Parcel 2 of MS 04-19A adjacent to the19 new public road right-of way; and 20 WHEREAS, condition 45 of Resolution No. 6222 requires the owner to vacate the 21 existing relinquishment of access rights adjacent to Parcel 2 and within the new dedication of 22 "public road right-of-way; and WHEREAS, new public right-of-way per condition 48 of Resolution No. 6222 was dedicated per Document No. 2007-0403830, recorded on June 14, 2007; and 25 WHEREAS, new Relinquishment of Access Rights easement per condition 49 of Resolution No. 6222 was dedicated per Document No. 2007-0403831, recorded on June 14, 2007; 26 and 27 WHEREAS, the utility companies have no facilities within the area to be vacated. 28" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • California 9057 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, , as follows: 1 . That the above recitations are true and correct. 2. That pursuant to Section 8335 and 8336 of California Streets and Highways Code, said easement for relinquishment of access rights from Parcel 2 of Map 19958 (MS 04-1 9A) into El Fuerte Street more particularly described in Exhibit A, and shown for the sake of clarity in Exhibit B, Recorder be summarily vacated. 3. The City Clerk is directed to record this resolution in the Office of the County of San Diego County. 4. From the date the resolution is recorded in the County Recorder's office, the area vacated no longer constitutes a relinquishment of access easement. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 9058 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. /ORRAfNE M. WO /(SEAL) W 9059 EXHIBIT "A" LEGAL DESCRIPTION FOR VACATION OF ACCESS RIGHTS RELINQUISHED IN AND TO A PORTION OF EL FUERTE STREET PR 07-35 BEING A PORTION OF THE WESTERLY RIGHT-OF-WAY LINE OF EL FUERTE STREET, COINCIDENT WITH A PORTION OF THE EASTERLY BOUNDARY LINE OF PARCEL 2 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 ON MARCH 27, 2006, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 2; SAID CORNER ALSO BEING IN THE WESTERLY RIGHT-OF-WAY OF SAID EL FUERTE STREET; THENCE NORTHERLY ALONG THE EASTERLY BOUNDARY LINE OF SAID PARCEL 2 AND THE WESTERLY RIGHT-OF-WAY OF SAID EL FUERTE STREET, NORTH 05°51'45" EAST 203.43 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE INTERSECTION WITH THE MOST NORTHERLY CORNER OF THAT CERTAIN GENERAL UTILITY AND ACCESS EASEMENT AS GRANTED AND SHOWN ON SAID PARCEL MAP NO. 19958; THENCE CONTINUING, NORTH 05°51'45" EAST 136.10 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 628.00 FEET; THENCE NORTHERLY, 53.39 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°52'15" TO THE POINT OF TERMINUS. DATE: RONALD E. ROTH, PLS 5506 (EXPIRES 09-30-08) EXHIBIT 'B* CARLSBAD TRACT CT 00-08 MAP NO, 14800 LOT 19 LEGAL DESCRIPTION: BEING A PORTION OF PARCEL 2 OF CITY OF CARLSBAD MS 04-19A ACCORDING TO PARCEL MAP NO. 19958. BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS PLAT IS A PORTION OF THE EASTERLY LINE OF PARCEL 2 PER PM 19958 N05-51'45°E INDICATES IN AND TO NO. 14600 INDICATES INDICATES INDICATES INDICATES PORTION OF ACCESS RIGHTS EL FUERTE STREET PER MAP VACATED HEREON. TRUE POINT OF BEGINNING POINT OF COMMENCEMENT POINT OF TERMINUS RADIAL CARLSBAD TRAC' CT 00-08 MAP NO, 14800 LOT 20 PROJECT DESIGN CONSULTANTS Planning I Landscape Architecture I Environmental I Engineering I Survey f. 701 BSttiMt, Site 800 61A23&6471 Tri SanDi«go.CA 92101 RONALD £ ROTH LICENSE EXPIRES 9/30/2008 ACCESS RIGHT RELINOUISHMENT VACATION CITY OF CARLSBAD DATE PR 07-35 SHEET1 OF2 APPLICANT: PRS Acquisition «t Constr. 12750 High Bluff Drive, Suite 200 Son Diego, CA 921 JO P: \3336\MAPPING\PLATS\3336_PA 13_ACCESS-REUNQ-ABANDON.d*Q Apr 23. 2007 EXHIBIT 'B'9061 CARLSBAD TRACT CT 00-05 MAP NO. 14800 LOT 19 R-2Q.OO' D-073J25' L- MS \04-19 PM \19958 EXISTING GENERAL UTILITY & ACCESS EASEMENT PER PM 19958 PCL 1 GJ T.P.Q.B. EXISTING GENERAL UTILITY it ACCESS EASEMENT PER PM 19958 ACCESS RIGHT RELINOUtSHUENT VACATION OTY OF CARLSBAD PR 07-35 APPLICANT: PRS Acquisition A Constr. 2750 High Bluff Drive. Suite 200 Son Diego. CA 921 JO P:\3336\UAPPING\PLATS\ttJ6_PA13_ACCESS-RELINQ-ABANOON.dwi]M OJ, 2007 9062 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. I, Sherry Freisinger, Deputy 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. 2007-163: SUMMARILY VACATING AN EASEMENT FOR RELINQUISHMENT OF ACCESS RIGHTS FROM PARCEL 2 OF MAP 19958 INTO EL FUERTE STREET (PR-07-35. CUP 06-11) 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 llth day of July, 2007. CRRY FKEISINGER )EPUTY CLERK (SEAL)