HomeMy WebLinkAbout2007-10-09; City Council; Resolution 2007-26917
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Map No. 15332 (CT 03-02); and
WHEREAS, said easement is defined as public easement per section 8306 of the
California Streets and Highways Code; and
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RESOLUTION NO. 2007-269
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, SUMMARILY VACATING A
PORTION OF PUBLIC UTILITY EASEMENT ACROSS LOT 1 OF
MAP NO. 15332 (STV 07-03. CT 03-02).
WHEREAS, a general utility and access easement was created over portions of Lot 1 by
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WHEREAS, Planning Commission approved Carlsbad Tract 03-02 (CT 03-02) for they
proposed Carlsbad Ranch Hotel and Timeshare Resort pursuant to Resolution No. 5686 dated
10 September 1, 2004; and
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pool and hotel which requires the owner to vacate a portion of the existing public utility easement14
within Lot 1 of CT 03-02; and
15 WHEREAS, new public utility easements per condition 53 of Resolution No. 5686 have
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WHEREAS, condition 53 of Resolution No. 5686 requires the owner to dedicate to the
City an easement for public utility as shown on the Tentative Map; and
WHEREAS, Engineering and Planning Departments have approved a relocation of the
been dedicated or will be dedicated with the next phase of development; and
WHEREAS, the affected utility companies have been notified and no facilities are within
18 the area to be vacated.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,19
California, as follows:
20 1. That the above recitations are true and correct.
21 2. That pursuant to Section 8335 and 8336 of California Streets and Highways
Code, said public utility easement more particularly described in Exhibit A, and shown for the sake
of clarity in Exhibit B, be summarily vacated.
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3. The City Clerk is directed to record this resolution in the Office of the County
Recorder of San Diego County.
25 4. From the date the resolution is recorded in the County Recorder's office, the area
26 "vacated no longer constitutes a public utility easement.
Ill
III
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 9th day of October, 2007, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall and Packard.
NOES: None.
ABSENT: Nygaard.
ATTEST:
E M. WOOfo, City Clerk U
EXHIBIT "A"
LEGAL DESCRIPTION
VACATION OF PUBLIC UTILITY EASEMENT
STV 07-03
THAT PORTION OF A 20.00 FOOT WIDE PUBLIC UTILITY EASEMENT
DEDICATED TO THE CITY OF CARLSBAD ON CITY OF CARLSBAD TRACT
NO. 03-02, MAP NO. 15332 RECORDED MAY 3, 2006 AS FILE NO. 2006-031184
OF OFFICIAL RECORDS, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID PORTION
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS AND ILLUSTRATED
ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF LOT 12
AND THE NORTHWESTERLY LINE OF LOT 1 AS SHOWN ON SAID MAP, SAID
POINT ALSO LYING ON A 353.00 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 61°59'41" WEST;
THENCE SOUTHEASTERLY ALONG SAID CURVE AND ALONG SAID
EASTERLY LINE OF LOT 12 THROUGH A CENTRAL ANGLE OF 29°14'20", AN
ARC LENGTH OF 180.14 FEET TO THE BEGINNING OF A 410.00 FOOT RADIUS
REVERSE CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT
BEARS NORTH 32°45'21" EAST; THENCE SOUTHEASTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°32'29", AN ARC
LENGTH OF 118.37 FEET TO THE TRUE POINT OF BEGINNING; A RADIAL
TO SAID POINT BEARS NORTH 49°17'50" EAST; THENCE CONTINUING
SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
02°47'43", AN ARC LENGTH OF 20.00 FEET TO THE SOUTHERLY LINE OF SAID
EASEMENT, A RADIAL TO SAID POINT BEARS NORTH 52°05'33" EAST;
THENCE LEAVING SAID EASTERLY LINE OF LOT 12 ALONG SAID
SOUTHERLY LINE NORTH 50°22'17" EAST A DISTANCE OF 22.69 FEET;
THENCE NORTH 59°28'55" EAST A DISTANCE OF 152.17 FEET; THENCE
SOUTH 30°31'05" EAST A DISTANCE OF 4.93 FEET; THENCE SOUTH 75°31'05"
EAST A DISTANCE OF 27.51 FEET; THENCE LEAVING SAID SOUTHERLY LINE
NORTH 59°28'55" EAST A DISTANCE OF 20.00 FEET TO A POINT ON THE
NORTHERLY LINE OF SAID EASEMENT; THENCE ALONG SAID NORTHERLY
LINE NORTH 30°31'05" WEST A DISTANCE OF 8.28 FEET; THENCE NORTH
75°31'05" WEST A DISTANCE OF 27.51 FEET; THENCE NORTH 30°31'05" WEST
A DISTANCE OF 25.36 FEET; THENCE SOUTH 59°28'55" WEST A DISTANCE OF
20.00 FEET; THENCE SOUTH 30°31'05" EAST A DISTANCE OF 8.71 FEET;
THENCE SOUTH 59°28'55" WEST A DISTANCE OF 153.77 FEET; THENCE
SOUTH 50°22'17" WEST A DISTANCE OF 24.17 FEET TO THE TRUE POINT OF
BEGINNING. X''-."
SAID PORTION OF LAND CONTAINS 4,749.58 SQUARE FEET. / // / /
1*1 &L
VICINITY MAP
CITY Or OCEANSIDE
HIGHWA
GRAND PACIFIC
DRIVE
S/7E
PACIFIC
OCEAN
V CITY OF ENCINITAS
N59'28'55"E 20.00'
N30-31'05'W
8.28'
N75-31'05"W-
27.51'
/^
*3I
S59'28'55HW 20.00'
E
SCALE 1"=JO' SJO'JI'05'E 8.71
LEGEND
PORTION OF EXISTING PUBLIC
UTILITY EASEMENT TO BE VACATED
UTILITY EASEMENT
PER MAt
NJ2'45'21
CURVE TABLE
NO.
C1
C2
CJ
DELTA
29f4'20"
16'32'29"
02'47'43"
RADIUS
353.00'
410.00'
410.00'
LENGTH
180.14'
118.37'
20.00'
TRUE POINT
OF BEGINNING
EXCEL ENGINEERING
440 STATE PLACE
ESCONDIDd CA 92Q&
PHONE (760) 745-8U8
POINT OF-
COMMENCEMENT
VACATION OF PUBLIC UTILITY EASEMENT
STV 07-03 0
APPLICANT/OWNER
GRAND PACIFIC RESORTS, INC.
5900 PASTEUR COURT, SUITE 200
CARLSBAD, CA 92008
(760) 431-8500
CONTACT: TIM STRIPE
EXHIBIT B
MCHAEL D. LEVIN
LS. 6896
DATE
EXP. 6/30/07
SHT 1 OF 1 SHTS
APN: 211-130-01
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. 2007-269. SUMMARILY VACATING A PORTION OF
PUBLIC UTILITY EASEMENT ACROSS LOT 1 OF MAP NO. 15332 (STV 07-03. CT
03-02) 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 10th day of oOctober,
2007.
CRRY
'DEPUTY
(SEAL)
ISINGER /T
iERK (j