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Home My WebLink About2008-11-04; City Council; Resolution 2008-2996753 RECORDING REQUESTED BY: Carlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 DQC# 2008-0598298 NOV18, 2008 2:47 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY,!. SMITH, COUNTY RECORDER FEES: 30.00 PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE City of Carlsbad CERTIFIED COPY OF RESOLUTION NO. 2008-299 SUMMARILY VACATING A PORTION OF A SLOPE EASEMENT ALONG POINSETTIA LANE OVER A PORTION OF LOT 14 OF MAP NO. 14625. PR 08-39. (Slope Easement Document No. 2002-0166066) 6754 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. 2008-299. SUMMARILY VACATING A PORTION OF A SLOPE EASEMENT ALONG POINSETTIA LANE OVER A PORTION OF LOT 14 OF MAP NO. 14625. PR 08-39. 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, 2008. DEPUTY /(SEAL) -2. 3 WHEREAS, Redeemer by the Sea Lutheran Church of Carlsbad, has submitted a 5 request to vacate a portion of a slope easement along Poinsettia Lane over a portion of Lot 14 of 6 Map No. 14625 (Property); and WHEREAS, this slope easement was dedicated per document no. 2002-0166066 8 recorded January 27, 2002 to extend Poinsettia Lane improvements; and 9 10 19 20 21 22 23 6755 RESOLUTION NO. 2008-299 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A PORTION OF A SLOPE EASEMENT ALONG POINSETTIA LANE OVER A PORTION OF LOT 14 OF MAP NO. 14625. PR 08-39. WHEREAS, Poinsettia Lane improvements have been constructed by the City along this Property; and 11 WHEREAS, this slope easement qualifies as a public service easement per Section 12 8306 of the California Streets and Highways Code; and WHEREAS, a portion of this slope easement no longer encompasses slopes and is no longer required for it's intended purpose and is not required for present or future use; and14 WHEREAS, this the City paid for the slope easement and using cost adjustments, the 15 current value of the portion of the slope easement is $3,420; and 16 WHEREAS, the property has deposited a payment of $3,420 for the value of the easement; and 18 "WHEREAS, the vacation of this easement is consistent with the General Plan of the City of Carlsbad; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest to vacate said easement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct.24 2. That the property owner has submitted a payment of $3,420 representing the value of the portion of the slope easement being summarily vacated. 26 27 28 6756 1 3. That the Finance Director is directed to accept the payment of $3,420 from the 2 property owner representing the value of the portion of the slope easement being summarily o vacated. 4. That a portion of the slope easement recorded as document no. 2002-0166066, recorded January 27, 2002 in the Office of the County Recorder of San Diego County that is moreo particularly described in Exhibit A and shown for the sake of clarity in Exhibit B is summarily 6 vacated per Sections 8335 and 8336 of the California Streets and Highways Code. 5. The City Clerk is directed to record this resolution, the attached legal description Q and plat in the Office of the County Recorder of San Diego County. 9 6. That upon recordation of this resolution at the County Recorders Office, the 1° portion of this slope easement is summarily vacated. 11 /// 12 /// 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 //// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 21 22 23 24 25 26 27 28 6757 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 4th day of November, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. VCLAUDE A LEWIS, Mayor ATTEST: M. WOOD, fci<y Clerk 6758 08-032 7/1/08 EXHIBIT 'A' LEGAL DESCRIPTION FOR SLOPE EASEMENT QUITCLAIM THAT PORTION OF LOT 14, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14625, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 9, 2003, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EASTERNMOST CORNER OF SAID LOT 14, SAID POINT ALSO BEING THE NORTHERNMOST POINT OF THE EASTERN PROPERTY LINE BEARING NORTH 00°50'09" WEST, SAID LINE ALSO BEING THE WESTERLY RIGHT-OF-WAY OF FISHERMAN DRIVE; THENCE SOUTH ON SAID PROPERTY LINE 1. SOUTH 00°50'09" EAST 16.93 FEET; 2. NORTH 89°39'36" WEST 304.72 FEET THENCE LEAVING SAID EASTERLY PROPERTY LINE ALONG THE SOUTHERLY LINE OF EXISTING PUBLIC STREET SLOPE EASEMENT RECORDED JANUARY 27, 2002 AS FILE NO. 2002-0166066 OF OFFICIAL RECORDS; THENCE CONTINUING ALONG SAID SOUTHERLY LINE 3. NORTH 82°55'02" WEST 322.50 FEET;THENCE LEAVING SAID SOUTHERLY LINE 4. NORTH 9°42'52" WEST 8.48 FEET;THENCE 5. SOUTH 87°36'57" EAST 158.92 FEET;THENCE 6. SOUTH 71 °42'51" EAST 63.50 FEET;THENCE 7. NORTH 88°28'04" EAST 176.93 FEET;THENCE 8. • SOUTH 76°09'52" EAST 44.68 FEET;THENCE 9. NORTH 86°10'57" EAST 55.96 FEET; 6759 THENCE 10. SOUTH 89°01'30" EAST 130.68 FEET TO THE BEGINNING OF A 25.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, SAID CURVE ALSO BEING ON THE EASTERLY PROPERTY LINE OF SAID LOT 14, A RADIAL TO SAID POINT BEARS NORTH 84°35'00" EAST; THENCE ALONG SAID CURVE 10. SOUTHERLY 2.02 FEET THROUGH A CENTRAL ANGLE OF 4°37'45" TO THE POINT OF BEGINNING. CONTAINS 11,377 SQUARE FEET, MORE OR LESS. 08032. LGL DOC 7 EXHIBIT 6760 SCALE: 1"=100' GRAPHIC SCALE 0'50' 100'200'300' LINE TABLE DESG. U 12 L3 L4 L5 L6 11 L8 L9 LW L11 BEARING NOO'50"09"W N89'39"36"W N82'55"02"W N09'42"52"W N87'36"57"W N71'42"51"W N88'28"04"E N76'09"52"W N86'W"57"E N89'01"30"W NOO'50"09"W DISTANCE 16.93' 304.72' 322.50' 8.48' 158.92' 63.50' 176.93' 44.68' 55.96' 130.68' 112.45' CURVE TABLE DESG. DELTA RADUIS LENGTH C1 04'37'45" 25.00' 2.02' C2 12'08'39" 182.00' 38.58' C3 94>32'50" 25.00' 41.25' C4 86V4'54" 25.00' 37.56' NOTE: a AREA OF SLOPE EASEMENT TO BE QUITCLAIMED = 11,377 SF .EXISTING STREET EASEMENT PER DOCUMENT No. 2002-0166066, RECORDED JANUARY 27, 2002 , EXISTING SLOPE EASEMENT PER DOCUMENT NO. 2002-0166066, RECORDED JANUARY 27, 2002 PROJ. No.: 08-032 DATE: 10/05/08 r SOWARDS & BROWN ENGINEERING -• CONSULTING ENGINEERS 2187 NEWCASTLE AVENUE SUITE 1O3 CARDIFF BY THE SEA, CA., 92OO7 TEL. 760/436-8500 FAX 760/436-8603 1 RESOLUTION NO. 2008-299 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A PORTION 3 OF A SLOPE EASEMENT ALONG POINSETTIA LANE OVER A PORTION OF LOT 14 OF MAP NO. 14625. PR 08-39. 4 WHEREAS, Redeemer by the Sea Lutheran Church of Carlsbad, has submitted a 5 request to vacate a portion of a slope easement along Poinsettia Lane over a portion of Lot 14 of 6 Map No. 14625 (Property); and WHEREAS, this slope easement was dedicated per document no. 2002-0166066 Q0 recorded January 27, 2002 to extend Poinsettia Lane improvements; and 9 WHEREAS, Poinsettia Lane improvements have been constructed by the City along this 10 Property; and WHEREAS, this slope easement qualifies as a public service easement per Section 12 8306 of the California Streets and Highways Code; and .„ WHEREAS, a portion of this slope easement no longer encompasses slopes and is no longer required for it's intended purpose and is not required for present or future use; and14 WHEREAS, this the City paid for the slope easement and using cost adjustments, the IO current value of the portion of the slope easement is $3,420; and 16 WHEREAS, the property has deposited a payment of $3,420 for the value of the easement; and 18 WHEREAS, the vacation of this easement is consistent with the General Plan of the City of Carlsbad; and 20 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public 21 interest to vacate said easement. 22 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 23 California, as follows: 1. That the above recitations are true and correct.24 2. That the property owner has submitted a payment of $3,420 representing the 25 value of the portion of the slope easement being summarily vacated. 26 27 28 1 3. That the Finance Director is directed to accept the payment of $3,420 from the 2 property owner representing the value of the portion of the slope easement being summarily 3 vacated. 4. That a portion of the slope easement recorded as document no. 2002-0166066, recorded January 27, 2002 in the Office of the County Recorder of San Diego County that is moreo particularly described in Exhibit A and shown for the sake of clarity in Exhibit B is summarily 6 vacated per Sections 8335 and 8336 of the California Streets and Highways Code. 7 5. The City Clerk is directed to record this resolution, the attached legal description o and plat in the Office of the County Recorder of San Diego County. ^ 6. That upon recordation of this resolution at the County Recorders Office, the 10 portion of this slope easement is summarily vacated. 11 /// 12 /// 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 //// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 4th day of November, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. VCLAUDE A LEWIS, Mayor ATTEST: 08-032 7/1/08 EXHIBIT 'A' LEGAL DESCRIPTION FOR SLOPE EASEMENT QUITCLAIM THAT PORTION OF LOT 14, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14625, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 9, 2003, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EASTERNMOST CORNER OF SAID LOT 14, SAID POINT ALSO BEING THE NORTHERNMOST POINT OF THE EASTERN PROPERTY LINE BEARING NORTH 00°50'09" WEST, SAID LINE ALSO BEING THE WESTERLY RIGHT-OF-WAY OF-FISHERMAN DRIVE; THENCE SOUTH ON SAID PROPERTY LINE 1. SOUTH 00°50'09" EAST 16.93 FEET;THENCE LEAVING SAID EASTERLY PROPERTY LINE 2. NORTH 89°39'36" WEST 304.72 FEET ALONG THE SOUTHERLY LINE OF EXISTING PUBLIC STREET SLOPE EASEMENT RECORDED JANUARY 27, 2002 AS FILE NO. 2002-0166066 OF OFFICIAL RECORDS; THENCE CONTINUING ALONG SAID SOUTHERLY LINE 3. NORTH 82°55'02" WEST 322.50 FEET;THENCE LEAVING SAID SOUTHERLY LINE 4. NORTH 9°42'52" WEST 8.48 FEET;THENCE 5. SOUTH 87°36'57" EAST 158.92 FEET;THENCE 6. SOUTH 71 °42'51" EAST 63.50 FEET;THENCE 7. NORTH 88°28'04" EAST 176.93 FEET;THENCE 8. SOUTH 76°09'52" EAST 44.68 FEET;THENCE 9. NORTH 86°10'57" EAST 55.96 FEET;THENCE 10. SOUTH 89°01'30" EAST 130.68 FEET TO THE BEGINNING OF A 25.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, SAID CURVE ALSO BEING ON THE EASTERLY PROPERTY LINE OF SAID LOT 14, A RADIAL TO SAID POINT BEARS NORTH 84°35'00" EAST; THENCE ALONG SAID CURVE 10. SOUTHERLY 2.02 FEET THROUGH A CENTRAL ANGLE OF 4°37'45" TO THE POINT OF BEGINNING. CONTAINS 11,377 SQUARE FEET, MORE OR LESS. 08Q32.LGL.DOC EXHIBIT -fo 0 SCALE: 1"=100' GRAPHIC SCALE 0'50' 100'200'300' LINE TABLE DESG. LI 12 L3 L4 L5 16 17 18 19 LW U1 BEARING NOO'50"09"W N89'39"36"W N82'55"02"W N09'42"52"W N87'36"57"W N71'42tt5l"W N88'28"04"E N76'09"52"W N86'W"57"E N89'01"30"W NOO'50"09"W DISTANCE 16.93' 304.72' 322.50' 8.48' 158.92' 63.50' 176.93' 44.68' 55.96' 130.68' 112.45' 0/RVF TflflLC DESG. DELTA RADUIS LENGTH C1 04'37'45" 25.00' 2.02' C2 12'08'39" 182.00' 38.58' C3 94'32'50" 25.00' 41.25' C4 86V4'54" 25.00' 37.56' NOTE: a AREA OF SLOPE EASEMENT TO BE QUITCLAIMED = 11,377 SF .EXISTING STREET EASEMENT PER DOCUMENT No. 2002-0166066, RECORDED JANUARY 27, 2002 .EXISTING SLOPE EASEMENT PER DOCUMENT NO. 2002-0166066, RECORDED JANUARY 27, 2002 PROJ. No.: 08-032 DATE: 10/05/08 r SOWARDS & BROWN ENGINEERING- CONSULTING ENGINEERS 2107 NEWCASTLE AVENUE SUITE 103 CARDIFF BY THE SEA. CA., 92OO7 TEL. 76O/436-85OO FAX 76O/436-86O3