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Home My WebLink About2007-08-07; City Council; Resolution 2007-210 (2)5403 DOC# 2007-0532403 RECORDING REQUESTED BY: Carlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 AUG 09, 2007 11:59 AM OFFICIAL RECORDS SAN DIEfifi COUNTY RECORDER'S OFFICE GREGORY j. SMITH. COUNTY RECORDER FEES: 0.00 PAGES: 8 2007-0532403 SPACE ABOVE THIS LINE FOR RECORDER'S USE City of Carlsbad Resolution No. 2007-210 Vacating a Portion of Embarcadero Lane (STV 06-06). AB 19,125 8/7/07 5404 RESOLUTION NO. 2007-210 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, VACATING A PORTION OF EMBARCADERO LANE. 4 WHEREAS, the City Council of the City of Carlsbad on July 17, 2007 did adopt 5 Resolution of Intention No. 2007-182 declaring their intention to vacate a portion of r+ Embarcadero Lane; and 7 WHEREAS, the City Council did find in said Resolution that the proposed vacation was 8 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 ofy portions of Embarcadero Lane, pursuant to said Resolution have been given as required by law; 10 and WHEREAS, the area to be vacated would not be useful as a non-motorized 12 transportation facility; and 13 WHEREAS, the City Council did hear the evidence offered by all persons interested in 14 said proposed vacation and does find from all the evidence submitted that the portion of Embarcadero Lane proposed to be vacated is unnecessary for present or prospective public 15 use. 16 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 18 1 • That the above recitations are true and correct. 2. That pursuant to Division 9, Part 3, Chapter 3 of the California Streets and Highways Code the portion of Embarcadero Lane as described in Exhibit A and shown for the sake of clarity on Exhibit B is hereby vacated, closed up and abandoned for public street 21 purposes. 22 3. It also shall be said it is Council's intention to conduct the proceedings for this 23 street vacation under the California Streets and Highways Code, Division 9, Part 3, Chapter 3. 24 4. That easements and rights necessary to maintain, operate, replace, remove or renew in-place public facilities are reserved by dedication of a public general utility and access easement on the final map known as CT 04-11, Poinsettia Commons. 26 5. From the date the resolution is recorded in the County Recorder's Office, the 27 area being vacated no longer constitutes a public street. 28 5405 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 7th day of August, 2007, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ATTEST: L/O~RRAIN£)/I. SEAL) 5406 EXHIBIT "A" LEGAL DESCRIPTION FOR STREET VACATION STV 06-06 A PORTION OF EMBARCADERO LANE, 60.00 FEET IN WIDTH, GRANTED PER DOCUMENT NO. 2002—0033832 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 15, 2002, BEING IN LOT 5 OF CARLSBAD TRACT NO. 97-10, POINSETTIA PROPERTIES, ACCORDING TO MAP THEREOF NO. 13785, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 21, 1999, ALL BEING IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTIONS OF AVENIDA ENCINAS, 84.00 FEET IN WIDTH AND SAID EMBARCADERO LANE; THENCE SOUTHERLY ALONG THE CENTERLINE OF SAID EMBARCADERO LANE, SOUTH 00°38'35" WEST (SOUTH 00°38'04" WEST - RECORD) 42.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF SAID AVENIDA ENCINAS AND THE TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY, SOUTH 89°20'16" EAST (SOUTH 89°20'47" EAST - RECORD) 55.00 FEET TO A POINT OF CUSP WITH A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHWESTERLY, 39.28 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°01'09"; THENCE TANGENT FROM SAID CURVE, SOUTH 00°38'35" WEST 24.89 FEET (SOUTH 00°38'04" WEST 24.91' - RECORD) TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 170.00 FEET; THENCE SOUTHERLY, 107.57 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36°15'19" (36°15'14" - RECORD); THENCE TANGENT FROM SAID CURVE, SOUTH 35°36'44" EAST 59.23 FEET (SOUTH 35°37'10" EAST 59.25' - RECORD) TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 230.00 FEET; THENCE SOUTHERLY, 60.84 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15°09'18" TO THE MOST WESTERLY CORNER OF LOT 4 OF SAID MAP NO. 13785; THENCE TANGENT FROM SAID CURVE AND ALONG THE WESTERLY LINE OF SAID LOT 4, SOUTH 20°27'26" EAST 469.74 FEET (SOUTH 20°27'52" EAST 469.80' - RECORD) TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHEASTERLY, 29.07 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 83°17'07" (83°17'24" - RECORD); THENCE NON-TANGENT FROM SAID CURVE, SOUTH 36°06'38" WEST 93.06 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID LOT 5, SAID POINT ALSO BEING THE COTERMINOUS OF THE SOUTHWESTERLY AND SOUTHEASTERLY RIGHTS-OF-WAY OF SAID EMBARCADERO LANE; THENCE NORTHERLY ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY, NORTH 20°27'26" WEST 540.87 FEET (NORTH 20°27'52" WEST 540.94' - RECORD) TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 170.00 FEET; THENCE NORTHERLY, 44.97 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15°09'18"; THENCE TANGENT FROM SAID CURVE, NORTH 35°36'44" WEST 59.23 FEET (NORTH Page 1 of 2 5407 35°37'10" WEST 59.25' - RECORD) TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 230.00 FEET; THENCE NORTHERLY, 145.54 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36°15'19" (36°15'14" 145.53' - RECORD); THENCE TANGENT FROM SAID CURVE, NORTH 00°38'35" 24.93 FEET (NORTH 00°38'04" EAST 24.94' - RECORD) TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE NORTHWESTERLY, 39.26 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89°58'51" TO THE SOUTHERLY RIGHT-OF-WAY OF SAID AVENIDA ENCINAS; THENCE EASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY, SOUTH 89°20'16" EAST (SOUTH 89°20'47" EAST - RECORD) 55.00 FEET TO THE TRUE POINT OF BEGINNING, CONTAINS 1.126 ACRES, MORE OR LESS RONALD E. ROTH, PLS 5506 (MY LICENSE EXPIRES 09-30-08) DATE: OS /2 4 /67 Page 2 of 2 EXHIBIT "Bl BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS MAP IS THE CALIFORNIA COORDINATE SYSTEM ZONE 6, EPOCH 1991.35 MEASUREMENTS TO POINTS 'A' AND "B" ARE SHOWN HEREON. "A" AND "B" ARE ADJUSTED TO G.P.S. STATION 135 AND G.P.S. STATION 136 PER RECORD OF SURVEY NO. 17271. /.£. NORTH 20'27'26" WEST QUOTED BEARINGS FROM REFERENCE MAPS MAY OR MAY NOT BE IN TERMS OF SAID SYSTEM. THE COMBINED SCALE FACTOR AT POINT "A" IS 0.99996473 GRID DISTANCE = GROUND DISTANCE x COMBINED SCALE FACTOR. ALL MEASURED DISTANCES SHOWN HEREON ARE GROUND DISTANCES. THE MAPPING ANGLE AT POINT 'A" IS -0'35'11.56"VICINITY HAP NO SCALE LEGEND: P.O.C. T.P.O.B. (R) PORTION OF EMBARCADERO LANE VACATED HEREON AREA = 1.126 ACRES EXISTING LOT LINES INDICATES POINT OF COMMENCEMENT INDICATES TRUE POINT OF BEGINNING INDICATES RADIAL BEARING INDICATES RECORD DATA PER DOCUMENT NO. 2002-0033832 RECORDED JANUARY 15, 2002 O.R. LEGAL DESCRIPTION: A PORTION OF EMBARCADERO LANE, 60.00 FEET IN WIDTH, GRANTED PER DOCUMENT NO. 2002-0033832 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 15, 2002 ENGINEER OF WORK: PROJECT DESIGN CONSULTANTS 701 B STREET, SUITE 800 SAN DIEGO, CA 92101 (619) 235-6471 RONALD £ ROTH LS. 5506 MY LICENSE EXPIRES 9-30-08 STREET VACATION - CITY OF CARLSBAD STV 06-06 SHEET 1 OF 2 APPLICANT: POINSETTIA COMMONS LLC 949 SOUTH COAST DRIVE SUITE 400 COSTA MESA, CA 92626 APPROVED BY: ROBERT I JOHNSON, JR., ACTING CITY ENGINEER RCE 28515 REGISTRATION EXPIRES MARCH 31, 2008 P: \3153\MAPPING\PLATS\3153 S77? VAC.dwg Jan 23. 2007 -POINT "B"P.O.C.EXHIBIT "B 55.O'55.00'5409 C3 cr (NOO'38'04*E 24.94' NOO'38'35"E 24.93' r^(A=3615'H") \ A=3615'19' \ R=230.00'- \ L=145.54' \(L=145.53') (N35'3rWW 59.25') N35'36'44"W 59.23'* Lor -C2 (NOO'38'04 ^NOO'38'35"E 24.89 R=170.00'I f(N35'37'WW 59.25') N35'36'44"W i A=15V9'18"< R=170.00' L=44.97' 5 R=230.00' L=60.84'Lor \ UNE L1 BEARING (Nsgvoww)NdgWie'w LENGTH 110.00' LSBADzrri MAP NO, TRACT NO. 97-10 PROPERTI 13785 S CURVE C1 C2 C2 DELTA 89'58'51'' 90-01 '09" 8'51'22" RADIUS 25.00' 25.00' 642.00' LENGTH 39.26' 39.28' 99.23' PORTION OF EMBARCADERO LANE GRANTED PER DOC. NO. 2002-0033832 RECORDED 1-15-02 O.K. TO REMAIN- (4=8317'24") 4=8317'07" POINT "A' IDENTICAL- POINTS STREET VACATION-CITY OF CARLSBAD STV 06-06 SHEET 2 OF 2 APPLICANT: POINSET7JA COMMONS LLC 949 SOUTH COAST DRIVE SUITE 400 COSTA MESA, CA 92626 APPROVED BY: ROBERT T. JOHNSON, JR., ACTING CITY ENGINEER RCE 33069 REGISTRATION EXPIRES JUNE 30, 2008 P: \3153\UAPPING\PLA1S\3153 STR VAC.dwg •Inn ?.T 9007 5410 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. 2007-210. VACATING A PORTION OF EMBARCADERO LANE 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 8th day of August, 2007. Sjf&RRY FtffclSINGER /) DEPUTY (£L£RK ^ (SEAL)