HomeMy WebLinkAbout2010-03-23; City Council; Resolution 2010-050RECORDING REQUESTED BY:
Carlsbad City Clerk's Office
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
aoc # 201 0-01 55623
MAR 30,201 0 10:27 AM
CIFFlClAL HECUHDS
S,4ll OIEGCI l:UUNT',i RECORDER'S UFFlCE
D,WdI@ L BUTLER CUUNT'HECORCJER
FEES. 3 UU
PAGES: 10
I IHIII IIIII UIII 11111 IIIII IIII 11111 11111 11111 1111 11111 Ull~ 11111 11111 1111 I111
SPACE ABOVE THIS LINE FOR RECORDER'S USE
City of Carlsbad
RESOLUTION NO. 2010-050
SUMMARILY VACATING A PORTION OF
KELLY DRIVE (LAUREL TREE LANE), STV 07-06
RESOLUTION NO. 201 0-050
A RESOLUTION OF THE ClTY COUNCIL OF THE ClTY OF
CARLSBAD, CALIFORNIA, SUMMARILY VACATING A
PORTION OF KELLY DRIVE (LAUREL TREE LANE), STV 07-06.
WHEREAS, KellyIJRM Palomar Airport Road I, LLC, a California Limited Liability
Company, owners of property described as a portion of Parcel "C" and all of Parcel "D" of Parcel
Map No. 2993 filed in the Office of the County Recorder of San Diego County, August 23, 1974 as
file No. 74-230326, O.R. and a portion of Parcel 2 of Certificate of Compliance filed in the Office of
the County Recorder of San Diego County, February 15, 1990 as File No. 90-085876 O.R., all
being in the City of Carlsbad, County of San Diego, State of California, has filed an application to
vacate a portion of Kelly Drive; and
WHEREAS, the City Engineer on October 15, 2007, approved MS 06-12 for a two parcel
subdivision to support development of the KellyIJRM Office Building; and
WHEREAS, the tentative parcel map of MS 06-12 contemplated the vacation of a portion
of Kelly Drive; and
WHEREAS, the City Engineer has determined that this portion of Kelly Drive is not
needed for present or future street purposes; and
WHEREAS, this vacation is made pursuant to Section 8331 of the California Streets and
Highways Code; and
WHEREAS, the proposed vacation is in accordance with Growth Management Policies
and is consistent with the General Plan of the City, 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.
2. It is Council's said intention to vacate, for public street purposes, a portion of
Kelly Drive.
3. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and
Highway Code, said excess right-of-way more particularly described in Exhibit A and shown for the
sake of clarity in Exhibit B, shall be summarily vacated.
4. The City Clerk is directed to record this resolution, the attached legal description
and plat in the Office of the County Recorder of San Diego County.
5. That upon recordation of this Resolution at the County Recorder's Office, this
easement no longer constitutes a public street or public service easement.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 23rd day of March, 2010, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn
NOES: None.
ABSENT: None.
ATTEST:
EXHIBIT 'A'
LEGAL DESCRIPTION
STREET VACATION
KELLEY DRIVE
STV 07-06
BEING A PORTION OF KELLEY DRIVE AS IRREVOCABLY OFFERED FOR
DEDICATION PER INSTRUMENT 74-200026 OF OFFICIAL RECORDS, RECORDED
IN THE OFFICE OF THE COUNTY RECORDER FOR SAN DIEGO COUNTY ON
JULY 25,1974, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
AN EASEMENT FOR STREETS AND HIGHWAY PURPOSES OVER, UNDER,
ALONG AND ACROSS ALL THAT PORTION OF LOT G, RANCHO AGUA
HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA ACCORDING TO MAP THEREOF NO. 823, ON FILE IN THE OFFICE
OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT CORNER NO. 13 OF SAID LOT G OF SAID RANCHO AGUA
HEDIONDA: THENCE NORTH 0°31'16" WEST, ALONG THE WESTERLY
BOUNDARY OF SAID LOT G, 2272.53 FEET TO A POINT OF INTERSECTION
WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF PALOMAR AIRPORT ROAD
(100.00 FEET IN WIDTH), AS PER ROAD SURVEY NO. 1534, ON FILE IN THE
OFFICE OF THE SAN DIEGO COUNTY RECORDER, THENCE, ALONG THE SAlD
SOUTHERLY RIGHT-OF-WAY LINE, NORTH 70°12'37" EAST, 1290.19 FEET TO
THE BEGINNING OF A TANGENT 1450.00 FOOT RADIUS CURVE, CONCAVE
SOUTHERLY IN SAID LINE; THENCE EASTERLY, ALONG THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE OF 30°53'14", AN ARC DISTANCE OF
781.67 FEET; THENCE, CONTINUING ALONG SAID LINE TANGENT TO SAlD
CURVE, SOUTH 78O.54'09 EAST 573.30 FEET TO THE TRUE POINT OF
BEGINNING, THENCE, LEAVING SAID LINE AND SAID TRUE POINT OF
BEGINNING, SOUTH 13'36'43" WEST, ALONG THE CENTER LINE OF KELLEY
DRlVE (A PRIVATE STREET) 531.16 FEET; THENCE NORTH 73"05'00" WEST
42.07 FEET TO A POINT IN A LINE THAT IS PARALLEL WITH AND 42.00 FEET
NORTHWESTERLY, MEASURED AT RIGHT ANGLES FROM THE CENTER LINE
OF SAID KELLEY DRIVE, THENCE, ALONG SAID PARALLEL LINE, NORTH
13'36'43" EAST 528.12 FEET TO A POINT IN THE SAID SOUTHERLY RIGHT-OF-
WAY LINE OF SAID PALOMAR AIRPORT ROAD; THENCE, ALONG SAID RIGHT-
OF-WAY LINE, SOUTH 7S054'09" EAST 42.04 FEET TO THE TRUE POINT OF
BEGINNING.
TOGETHER WITH ALL THAT PORTION OF SAID LOT G, LYING BETWEEN THE
WESTERLY LINE OF THE HERE AND ABOVE DESCRIBED 42.00 FOOT WIDE
STRIP OF LAND, A LINE THAT IS PARALLEL WITH AND 63.00 FEET
SOUTHERLY MEASURED AT RIGHT ANGLES FROM THE CENTERLINE OF SAID
PALOMAR AIRPORT ROAD AND LINE NORTHEASTERLY OF THE ARC OF A
25.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, SAID CURVE BEING
TANGENT TO EACH OF THE SAID PARALLEL LINES AND THE SAID
WESTERLY LINE.
CONTAINS 0.513 ACRES MORE OR LESS
6//9/2~
RUDY P. PACHE~O LS 5717 EXP. 09-30-09
Page 2 of 2
JaYDWe
NOT TO SW
KELL Y / JRM PALOMAR AIRPORT ROAD / , LLC
7040 5. ANDREASEN DRIM; SUITE 200
ESCONDIDO, CA 92029 -
THS PROJECT IS LOCAlED
IMTHIN APN: 212-040-64
LEGEND:
-Ow- = EXSTING PROPERTY LINE
= PARCEL 2'
AREA PER RECORD DOC. 74-200026
NLED JUL Y 2.5, 1974 TO BE VACA ED
m8# = POINT OF BEGINNING
77. 0. B. = TRUE POINT OF BEGINNING
D.D. = PER PARCEL MAP NO. 2993
WE BASIS OF BEARINGS FOR 7HIS PLAT IS WE EASlERL Y LINE PER PARCEl MAP NO. 2993 RLW AS DOL: NO.
74-230326 RECORDED AUGUST 2J 1974. LE NIJ'36'43Z
W I' = td~' PORTION OF KELLEY DRIVE AS OFFERED
FOR DEDICATION PER DOC 74-200026
UGAI DESCRIPTION:
BEING A PORilON OF KELLEY DRIM AS IRREVOCABLY YERED FOR DEDICATION PER INSIRWENT 74-200026 OF
OFFIIAL RECORDS; RECORDED IN LYE WICE OF WE COUNTY RECORDER FOR SAN DIEGO COUNTY ON flL Y 225, 1974
MORE PARJlCULARL Y DESCRIBED IN EXHIBIT 2 :
Exp 09/30/09
~immimwe cmwi~~nrs 6//9/~03'
951 7 GROSSMONTSUMMITDRIYE . .
LA MESA. CALIFORNIA 91941 RUDY P. PAWEm, L.S NO. 5717
PH (619) 741-9456 FAX (619) 6644291 MY REWS7RAnbV EXPIRE 09/30/09
CITY OF CARLSBAD
DAE 3-27-09 STRET VACAIION CRAM 8K
IMC~ EN(; ~~ULTANTS
POR. LOT 'G' MAP NO. 823
1 /7!&#R NO. 13) ~~ERIIw CM@UTANT~
951 7 GROSSMONTSLMMIT DRNE
LA MESA. CALIFORNIA 91941
CITY OF CARLSBAD
DALE 3-27-09
SCAE I*= IW'
212-040-64
STREET VACATK>N
PORTION OF KELLEY DRIVE AS ORRED
FOR DEDICATION PER DOC 74-200026
LRAW BE
tXSA LN(; CWSXTANTS
SIV 07-06
23
, . EXHIBIT 'B'
I
---
-
MAp 2993 FRLE NO. 72-230326, & mlm ff Pm 2 ffc.0.c
WC NO. 1990-085876
NO. 1 MTA 1 ARC I RAWS
Cl I 9230'%" I 40.311 25mO'
NO. awnwG ~tiwm
L1 N7m'CWW 4201
L2 N78J1'09W 4204'
L3 N7854'09W 6R 16'
INSTRUIIIENT NO. 2W7-01-
RELYXED nl. i: 2W7
--- ''4 212-040-~~ Pc"Pm a~ LOT '0' R%M$20.2J""~
951 7 GROSSMONTSUM~T~~
LA MESA. CALIFORNIA 91941
CrrY OF CARLSBAD
SC~ 1' = tm'
212-010-64
MAMU BE
WCI EM. IXWIKTANTS - DAE 3-27-09 M VACATION
PORTION OF KELLEY DRIVE AS OFFERED
FOR DEDICATION PER DOC 74-200026
STv 07-06
w3
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. 2010-050. SUMMARlLY VACATING A PORTION OF
KELLY DRlVE (LAUREL TREE LANE). STV 07-06, 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 24th day of
March, 2010,
1
RESOLUTION NO. 2010-050
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, SUMMARILY VACATING A
PORTION OF KELLY DRIVE (LAUREL TREE LANE). STV 07-06.
4
5 WHEREAS, Kelly/JRM Palomar Airport Road I, LLC, a California Limited Liability
6 Company, owners of property described as a portion of Parcel "C" and all of Parcel "D" of Parcel
7 Map No. 2993 filed in the Office of the County Recorder of San Diego County, August 23, 1974 as
8 file No. 74-230326, O.R. and a portion of Parcel 2 of Certificate of Compliance filed in the Office of
9 the County Recorder of San Diego County, February 15, 1990 as File No. 90-085876 O.R., all
10 being in the City of Carlsbad, County of San Diego, State of California, has filed an application to
11 vacate a portion of Kelly Drive; and
12 WHEREAS, the City Engineer on October 15, 2007, approved MS 06-12 for a two parcel
13 subdivision to support development of the Kelly/JRM Office Building; and
14 WHEREAS, the tentative parcel map of MS 06-12 contemplated the vacation of a portion
15 of Kelly Drive; and
1 fi WHEREAS, the City Engineer has determined that this portion of Kelly Drive is not
17 needed for present or future street purposes; and
1R WHEREAS, this vacation is made pursuant to Section 8331 of the California Streets and
19 Highways Code; and
20 WHEREAS, the proposed vacation is in accordance with Growth Management Policies
21 and is consistent with the General Plan of the City, and
22 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
23
interest to vacate said easement.
24 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
25 California, as follows:
26
1. That the above recitations are true and correct.
27
28
1
2
3
4
sake of clarity in Exhibit B, shall be summarily vacated.
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9
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12
13
14
15
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21
22
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2. It is Council's said intention to vacate, for public street purposes, a portion of
Kelly Drive.
3. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and
Highway Code, said excess right-of-way more particularly described in Exhibit A and shown for the
4. The City Clerk is directed to record this resolution, the attached legal description
and plat in the Office of the County Recorder of San Diego County.
5. That upon recordation of this Resolution at the County Recorder's Office, this
easement no longer constitutes a public street or public service easement.
///
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 23rd day of March, 2010, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ATTEST:
L0RRAIN.EV1- WOfoDjCity Clerk" (J
(^EAL) (J ^
EH
EXHIBIT 'A'
LEGAL DESCRIPTION
STREET VACATION
KELLEY DRIVE
STV 07-06
BEING A PORTION OF KELLEY DRIVE AS IRREVOCABLY OFFERED FOR
DEDICATION PER INSTRUMENT 74-200026 OF OFFICIAL RECORDS, RECORDED
IN THE OFFICE OF THE COUNTY RECORDER FOR SAN DIEGO COUNTY ON
JULY 25, 1974, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
AN EASEMENT FOR STREETS AND HIGHWAY PURPOSES OVER, UNDER,
ALONG AND ACROSS ALL THAT PORTION OF LOT G, RANCHO AGUA
HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA ACCORDING TO MAP THEREOF NO. 823, ON FILE IN THE OFFICE
OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT CORNER NO. 13 OF SAID LOT G OF SAID RANCHO AGUA
HEDIONDA: THENCE NORTH 0°31'16" WEST, ALONG THE WESTERLY
BOUNDARY OF SAID LOT G, 2272.53 FEET TO A POINT OF INTERSECTION
WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF PALOMAR AIRPORT ROAD
(100.00 FEET IN WIDTH), AS PER ROAD SURVEY NO. 1534, ON FILE IN THE
OFFICE OF THE SAN DIEGO COUNTY RECORDER; THENCE, ALONG THE SAID
SOUTHERLY RIGHT-OF-WAY LINE, NORTH 70°12'37" EAST, 1290.19 FEET TO
THE BEGINNING OF A TANGENT 1450.00 FOOT RADIUS CURVE, CONCAVE
SOUTHERLY IN SAID LINE; THENCE EASTERLY, ALONG THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE OF 30°53'14", AN ARC DISTANCE OF
781.67 FEET; THENCE, CONTINUING ALONG SAID LINE TANGENT TO SAID
CURVE, SOUTH 78°54'09 EAST 573.30 FEET TO THE TRUE POINT OF
BEGINNING, THENCE, LEAVING SAID LINE AND SAID TRUE POINT OF
BEGINNING, SOUTH 13°36'43" WEST, ALONG THE CENTER LINE OF KELLEY
DRIVE (A PRIVATE STREET) 531.16 FEET; THENCE NORTH 73°05'00" WEST
42.07 FEET TO A POINT IN A LINE THAT IS PARALLEL WITH AND 42.00 FEET
NORTHWESTERLY, MEASURED AT RIGHT ANGLES FROM THE CENTER LINE
OF SAID KELLEY DRIVE; THENCE, ALONG SAID PARALLEL LINE, NORTH
13°36'43" EAST 528.12 FEET TO A POINT IN THE SAID SOUTHERLY RIGHT-OF-
WAY LINE OF SAID PALOMAR AIRPORT ROAD; THENCE, ALONG SAID RIGHT-
OF-WAY LINE, SOUTH 78°54'09" EAST 42.04 FEET TO THE TRUE POINT OF
BEGINNING.
319ST-VAC-LEG.doc Page 1 of 2
TOGETHER WITH ALL THAT PORTION OF SAID LOT G, LYING BETWEEN THE
WESTERLY LINE OF THE HERE AND ABOVE DESCRIBED 42.00 FOOT WIDE
STRIP OF LAND, A LINE THAT IS PARALLEL WITH AND 63.00 FEET
SOUTHERLY MEASURED AT RIGHT ANGLES FROM THE CENTERLINE OF SAID
PALOMAR AIRPORT ROAD AND LINE NORTHEASTERLY OF THE ARC OF A
25.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, SAID CURVE BEING
TANGENT TO EACH OF THE SAID PARALLEL LINES AND THE SAID
WESTERLY LINE.
CONTAINS 0.513 ACRES MORE OR LESS
RUDYP.PACHECO7 LS 5717 EXP. 09-30-09
3I9ST-VAC-LEG.doc Page 2 of2 ft
EXHIBIT 'B'
OWNER AtEVELOPER
KELL Y/ JRM PALOMAR AIRPORT ROAD I, LLC
1040 S. ANDREASEN DRIVE, SUITE 200
ESCONDIDO, CA 92029
PROJECT LOCATION
THIS PROJECT IS LOCA TED
WITHIN APN: 212-040-64
VICINITY MAP
NOT TO SCALE
LEGEND:
P.O.B.
T.P.O.B.
D.D.
= EXISTING PROPERTY LINE
= PARCEL 'A'
AREA PER RECORD DOC. 74-200026
FILED JULY25, 1974 TO BE VACATED
= POINT OF BEGINNING
= TRUE POINT OF BEGINNING
= PER PARCEL MAP NO. 2993
BASIS OF BEARINGS:
THE BASIS OF BEARINGS FOR THIS PLAT IS THE EASTERL Y LINE PER PARCEL MAP NO. 2993 FILED AS DOC. NO.
74-230326 RECORDED AUGUST 23, 1974. I.E. N13'36'43'E
LEGAL DESCRIPTION:
BEING A PORTION OF KELLEY DRIVE AS IRREVOCABL Y OFFERED FOR DEDICATION PER INSTRUMENT 74-200026 OF
OFFICIAL RECORDS, RECORDED IN THE OFFICE OF THE COUNTY RECORDER FOR SAN DIEGO COUNTY ON JULY25, 1974,
MORE PARJICULARL Y DESCRIBED IN EXHIBIT 'A'.
CONSULTANTS
9517 GROSSMONT SUMMIT DRIVE
LA MESA, CALIFORNIA 91941
PH:(619) 741-9456 FAX:(6I9) 664-4291
RUDY P. PACHECO, LSi NO. 5717
MY REGISTRATION EXPIRES 09/30/09
OTY OF CARLSBAD
DATE:3-27-09
SCALE: 1" - tiff
A.P.N.212-040-64
8TBEET VACATION
PORTION OF KELLEY DRIVE AS OFFERED
FOR DEDICATION PER DOC 74-200026
DRAW BY:
OMEGA ENG. CONSULTANTS
8TV 07-06
SHEET:1 OF 3
EXHIBIT '8'
T.P.O.B.-
FOR. LOT 'G' MAP NO. 823
me CONSULTANTS
9517 GROSSMONT SUMMIT DRIVE
LA MESA, CALIFORNIA 91941
PH:(619) 741-9456 FAX:(619) 664-4291
CITY OF CARLSBAD
DATE:3-27-09
SCALE: 1' = 400'
A.P.N. 212-040-64
ST f VACATION
PORTION OF KELLEY DRIVE AS OFFERED
FOR DEDICATION PER DOC 74-200026
DRAW BY:
OMEGA ENG. CONSUL TAN7S
STY 07-06
SHEET:2 OF J
EXHIBIT 'B'
PARCEL D A PORTION PARCEL C
MAP 2993, FH£ NO. 72-230326,
PORTION OF PARCEL 2 OF C.O.C.
DOC NO. 1990-085876
NO.
C1
DELTA
92W52"
ARC
40.37"
RADIUS
25.00'
NO.
LI
L2
LJ
BEAR/NO
N7JV5'00'Mf
N78'54'09'W
N78"54'09'W
LENGTH
42.07"
42.04'
68.16'
EX. LAUREL TREE LANE STREET
RIGHT OF WAY DEDICATED PER
INSTRUMENT NO. 2007-0158005
RECORDED MARCH 7, 2007
jtiN0 CONSULTANTS
9517 GROSSMONT SUMMIT DRIVE
LA MESA, CALIFORNIA 91941
PH:(619) 741-9456 FAX:(619) 664-4291
CITY OF CARLSBAD
DATE:3-27-09
SCALE: 1" m 100'
A.P.N.212-040-64
ol f VACATION
PORTION OF KELLEY DRIVE AS OFFERED
FOR DEDICATION PER DOC 74-200026
DRAW BY:
OMEGA ENG. CONSULTANTS
STV 07-06
SHEET:J OF