HomeMy WebLinkAbout2010-06-22; City Council; Resolution 2010-1541
RESOLUTION NO. 2010-154
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A
PORTION OF AN EASEMENT FOR PUBLIC ROAD
PURPOSES OVER A PORTION OF RANCHO SANTA FE
WHEREAS, La Costa Town Square LLC, has submitted a request to vacate excess
public road easement over a portion of Rancho Santa Fe Road, within La Costa Town Square,
STV 09-01; and
WHEREAS, the public road easement is defined as a relocated street or highway per
Section 8330 of the California Streets and Highways Code; and
WHEREAS, the easement to be vacated is considered excess public road easement not
required for public road or utility purposes; and
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WHEREAS, this vacation is made pursuant to Section 8333(c) of the California Streets
13 and Highways Code; and
14"WHEREAS, the vacation 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 a portion of said easement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
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1. That the above recitations are true and correct.
19 2. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and
Highway Code, said excess public road easement, more particularly described in Exhibit A and
shown for the sake of clarity in Exhibit B, shall be summarily vacated.
3. 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.
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4. That upon recordation of this resolution at the County Recorders Office, the
portions of this easement no longer constitutes a public road easement.25 ///
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 22nd day of June, 2010, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, and Blackburn.
NOES: None.
ABSENT: Council Member Packard.
A! LEWIS, Mayor
ATTEST:
UORRAI/NE M. W;(SEAL)D, City Clerk
MAY 5, 2010
J.N.: 001025
PAGE 1 OF 2
STV 09-01
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PORTION OF THE EASEMENT FOR PUBLIC ROAD PURPOSES ACCORDING
TO BOOK 1737, PAGE 4 OF DEEDS RECORDED JANUARY 21, 1930 IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY LYING WITHIN
THAT -REAL PROPERTY IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, DESCRIBED IN THE GRANT DEED FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 13,
2004 AS FILE NO. 2004-0025484, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID
PUBLIC ROAD EASEMENT AND THE SOUTHERLY LINE OF THE PUBLIC ROAD
ACCORDING TO DOCUMENT NO. 2002-0550474 RECORDED ON JUNE 28,
2002, SAID POINT BEING THE BEGINNING OF A 1737.00 FOOT RADIUS
CURVE, CONCAVE TO THE EAST, A RADIAL TO WHICH BEARS NORTH
36°44'13" WEST; THENCE NORTHEASTERLY ALONG THE SOUTHERLY LINE OF
SAID PUBLIC ROAD EASEMENT ACCORDING TO DOCUMENT NO. 2002-
0550474, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
5°49'06" AN ARC DISTANCE OF 176.39 FEET TO THE NORTHERLY LINE OF
SAID PUBLIC ROAD EASEMENT ACCORDING TO BOOK 1737, PAGE 4; THENCE
NORTH 76°05'38" EAST ALONG SAID NORTHERLY LINE 1039.19 FEET TO
THE BEGINNING OF A TANGENT 970.00 FOOT RADIUS CURVE, CONCAVE TO
THE NORTH; THENCE CONTUNIUNG ALONG SAID NORTHERLY LINE, ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°47'59" AN ARC
DISTANCE OF 182.84 FEET TO A POINT ON THE SOUTHERLY LINE OF A
PUBLIC ROAD EASEMENT ACCORDING TO DOCUMENT NO. 2002-0258807
RECORDED MARCH 27, 2002, SAID POINT BEING THE BEGINNING OF A
NON-TANGENT 2463.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTH, A
RADIAL TO WHICH BEARS SOUTH 12°50'25"; THENCE EASTERLY ALONG
SAID SOUTHERLY LINE, ALONG THE ARC OF SAID CURVE THROUGH A
CENTAL ANGLE OF 17°43'54" AN ARC DISTANCE OF 762.24 FEET TO A
POINT ON THE SOUTHERLY LINE OF SAID PUBLIC ROAD EASEMENT
ACCORDING TO BOOK 1737, PAGE 4, SAID POINT BEING A POINT OF CUSP
WITH A NON-TANGENT 780.00 FOOT RADIUS CURVE, CONCAVE TO THE
NORTH, A RADIAL TO WHICH BEARS SOUTH 36°34'27" EAST THENCE
WESTERLY ALONG SAID SOUTHERLY LINE, ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 11°31'24" AN ARC DISTANCE OF 156.87
FEET; THENCE CONTINUEING ALONG SAID SOUTHERLY LINE SOUTH
64°56'57" WEST 596.64 FEET TO THE BEGINNING OF A TANGENT 1030.00
FOOT RADUIS CURVE CONCAVE TO THE NORTH; THENCE CONTINUING
0:\Legal_Descriptions\001025\revCMS 04-08.1gl.doc
MAY 5, 2010
J.N.: 001025
PAGE 2 OF 2
WESTERLY ALONG SAID SOUTHERLY LINE, ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 11°07'23" AN ARC DISTANCE OF 199.96
FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH
76°05'38" WEST 1196.13 FEET TO THE BEGINNING OF A TANGENT 470.00
FOOT RADIUS CURVE CONCAVE TO THE SOUTH; THENCE CONTINUING
WESTERLY ALONG SAID SOUTHERLY LINE ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 1°04'31" AN ARC DISTANCE OF 8.82 FEET
TO THE POINT OF BEGINNING.
AREA = 2.11 AC
O:\Legal_Descriptions\001025\revCMS 04-08.1gl.doc
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t£GAL DESCRIPTION
THA T PORTION OF THE EASEMENT FOR PUBLIC ROAD PURPOSES ACCORDING
TO BOOK 1737, PAGE 4 OF DEEDS RECORDED JANUARY 21, 1930 LYING
WITHIN THAT PROPERTY DESCRIBED IN DOC. No. 2004-0025484
APN NOs 223-060-32, 223-050-70
LEGEND
SUBDIVISION BOUNDARY
LOT LINE
EXISTING EASEMENT LINE
PORTION OF EASEMENT
TO BE VACATED
EASEMENT DA
(NO)"
;
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DELTA/BEARING
A = 05'49'06"
N 76W38" E
A = W'47'59"
A = 17'43'54"
& = H'31'24"
S 64'56'57" W
A = ir07'23"
S 76'05'38" W
A = Or04'31"
RADIUS
1737.00'
970.00'
2463.00'
780.00'
1030.00'
470.00'
TA
LENGTH
176.39'
1039.19'
182.84'
762.24'
156.87'
596.64'
199.96'
1196.13'
8.82'
CONSULT T S
2710 Loker Av«nu« W«t
Suit! 100
Carlsbad, California 92010
760-931-7700
Fax: 760-931-6680
www.odaycansultanta.com
Civil Engineering
Planning
Processing
Surveying
CITY OF ENCINITAS
VICINITY MAP
NO SCALE
SHT. 1 OF 2 SHTS.
EXHIBIT 'B'
REQUESTED BY:PREPARED BY:
TIM07U.ZA CARROLL JR.
LSi 7700 EXP. 12/31/10
PROJECT: STV 09-01
LA COSTA
TOWN SQUARE
DWG.
A.P.N.
DATE
EXHIBIT 'B'
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PORTION OF EASEMENT
TO BE VACATED
SHT. 2 OF 2 SHTS.
EXHIBIT *B'
REQUESTED BY:PREPARED BY:
fl CARROLL, JR.
L.S. 7700 EXP. 12/31/10
PROJECT: STV 09-01
LA COSTA
TOWN SQUARE
DWG.
A.P.N.
DATE
EXHIBIT 'B!
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