HomeMy WebLinkAbout2014-01-14; City Council; Resolution 2014-002RESOLUTION NO. 2014-002
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A
PORTION OF OLIVENHAIN ROAD. STV 05-03
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WHEREAS, Olivenhain Municipal Water District, owner of portions of Lots 10 and
13 of Map 848, Rancho Las Encinitas, has requested vacation of a portion of Olivenhain Road;
and
WHEREAS, this portion of Olivenhain Road, located west of Rancho Santa Fe
Road, east of Los Pinos Circle and south of Camino Alvaro was granted to the County of San
Diego per document recorded January 21, 1930 in Book 1737 at Page 4 of deeds, per deed
recorded August 25, 1961 as File/Page No. 149167 of Official Records and per deed recorded
October 3, 1961 as File/Page No. 172003 of Official Records, all filed in the office of the county
recorder of San Diego County, State of California; and
WHEREAS, the City has acquired the public street and public utility easement
rights granted to the County of San Diego over said portion of Olivenhain Road; and
WHEREAS, said portion of Olivenhain Road has been superseded by ralocation;
and
WHEREAS, Section 8330 of the State of California Street and Highways Code
provides for the summary vacation of a street or highway superseded by relocation; and
WHEREAS, the city engineer has determined that said portion of Olivenhain
Road is not required for present or future public street purposes; and
22 WHEREAS, pertinent City departments have been notified of the proposed
23 vacation and no objections have been received; and
24 WHEREAS, utility companies have been notified of the proposed vacation and
25 Cox Communications, Inc. and Pacific Bell Telephone Company, dba AT&T California have
25 requested the reservation of an easement for public utility and access purposes; and
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1 WHEREAS, the city engineer has determined that, due to the existence of public
2 utilities located within said portion of Olivenhain Road, an easement for public utility and access
3 purposes will be reserved over said portion to be vacated.
4 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
5 Carlsbad, California, as follows:
6 1. That the above recitations are true and correct.
7 2. That it is Council's said intention to summarily vacate, for public street
8 purposes, a portion of Olivenhain Road described in Exhibit 3.
9 3. That it is Council's said intention to reserve an easement for public utility
10 and access purposes described in Exhibit 3.
11 4. That the easements and rights necessary to maintain, operate, replace,
12 remove or renew in-place public utility facilities are reserved and excepted from the vacation.
13 5. That the City Clerk is instructed to record this resolution, the attached
1^ legal description and plat in the Office of the County Recorder of San Diego County.
6. That upon the date this resolution is recorded in the County
Recorder's Office, the area being vacated no longer constitutes a public street.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 14th day of Januarv. 2014, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Blackburn.
None.
ABSENT: Council Member Douglas.
ATTEST:
BARBARA ENGLESQUM, City Clerk
7Pf%%
EXHIBIT "A"
Legal Description
STV 05-03
STREET VACATION - OLD Ol IVENHAIN ROAn (APN 255-040-.'^ ^ APN 255-n31.n^)
A PORTION OF THAT CERTAIN 60 FOOT WIDE EASEMENT GRANTED TO THE COUNTY
OF SAN DIEGO FOR COUNTY HIGHWAY (ROAD SURVEY 1631, PARCEL 61225) PER
DEED RECORDED AUGUST 25. 1961, AS FILE/PAGE NO. 149167 OF O.R.. A PORTION
OF THAT CERTAIN 60 FOOT WIDE EASEMENT, GRANTED TO THE COUNTY OF SAN
DIEGO FOR A PUBLIC HIGHWAY (ROAD SURVEY 454) PER DOCUMENT RECORDED
JANUARY 21, 1930. IN BOOK 1737 AT PAGE 4 OF DEEDS, AND A PORTION OF THAT
CERTAIN 60 FOOT WIDE EASEMENT GRANTED TO THE COUNTY OF SAN DIEGO FOR
COUNTY HIGHWAY (ROAD SURVEY NO. 454A AND 1631, PARCEL 61232) PER DEED
RECORDED OCTOBER 3, 1961, AS FILBPAGE NO. 172003 OF O.R., ALL FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. STATE OF CALIFORNIA
AND LYING WITHIN THAT PARCEL OF LAND GRANTED TO THE OLIVENHAIN
MUNICIPAL WATER DISTRICT BY GRANT DEED RECORDED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID SAN DIEGO COUNTY JUNE 19,1962, AT FILE/PAGE NO
104122 OF OFFICIAL RECORDS, BEING A PORTION OF LOT 10 OF THE SUBDIVISION
OF RANCHO LAS ENCINITAS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP NO. 848. FILED IN THE OFFICE OF SAID
COUNTY RECORDER, JUNE 27. 1890, AND THAT PARCEL OF UND GRANTED TO THE
OLIVENHAIN MUNICIPAL WATER DISTRICT BY GRANT DEED RECORDED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, APRIL 30, 1991
AS DOCUMENT NO. 1991-0197545 OF OFFICIAL RECORDS, BEING A PORTION OF LOT
13 OF SAID RANCHO LAS ENCINITAS ACCORDING TO SAID MAP NO. 848 . IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORIA; SAID PORTIONS OF
THE ABOVE MENTIONED COUNTY HIGHWAY EASEMENTS ARE MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE WESTERLY LINE OF
AFOREMENTIONED LAND GRANTED TO THE OLIVENHAIN MUNICIPAL WATER
DISTRICT (PORTION LOT 13). WITH THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE
PAGE 1 of 4
OF THE AFOREMENTIONED COUNTY ROAD EASEMENT (OLIVENHAIN ROAD) FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, AUGUST 25.
1961. AS FILE NO. 149167 OF OFFICIAL RECORDS; THENCE LEAVING SAID WESTERLY
LINE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, NORTH 87°29'53" EAST. A
DISTANCE OF 333.75 FEET TO THE TRUE POINT OF BEGINNING; BEING THE
BEGINNING OF A 1256.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A
RADIAL LINE TO SAID POINT BEARS SOUTH 14°10'49" EAST; THENCE LEAVING SAID
SOUTHERLY RIGHT-OF-WAY LINE, NORTHEASTERLY ALONG THE ARC OF SAID
CURVE, A DISTANCE OF 137.04 FEET, THROUGH A CENTRAL ANGLE OF 6°15'06" TO A
POINT LYING ON THE NORTHERLY LINE OF SAID OLIVENHAIN LAND (LOT 13); THENCE
NORTH 87°29'53" EAST, ALONG SAID NORTHERLY LINE. A DISTANCE OF 42.11 FEET
TO THE BEGINNING OF A TANGENT 300 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY; THENCE LEAVING SAID NORTHERLY LINE, ALONG THE
NORTHWESTERLY LINE OF THE AFOREMENTIONED OLIVENHAIN MUNICIPAL WATER
DISTRICT LAND (PORTION OF LOT 10), ALONG SAID CURVE. A DISTANCE OF 257.15
FEET, THROUGH A CENTf^L ANGLE OF 49°06'45"; THENCE CONTINUING ALONG SAID
NORTHWESTERLY LINE. NORTH 38°23'08" EAST, A DISTANCE OF 59.16 FEET TO THE
BEGINNING OF A NON-TANGENT 1256.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY. A RADIAL LINE TO SAID POINT OF CURVE BEARS SOUTH 36°03'36"
EAST; THENCE LEAVING SAID NORTHWESTERLY LINE ALONG SAID CURVE. A
DISTANCE OF 39.39 FEET, THROUGH A CENTRAL ANGLE OF r47'48"; THENCE NORTH
52°08'36" EAST. A DISTANCE OF 5.01 FEET TO THE BEGINNING OF A TANGENT 1490.00
FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THENCE ALONG SAID CURVE, A
DISTANCE OF 10.62 FEET, THROUGH A CENTRAL ANGLE OF 0°24'30"; THENCE NON-
TANGENT NORTH 37°48'20" WEST. A DISTANCE OF 3.71 FEET TO THE BEGINNING OF
A NON-TANGENT 1486.17 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A
RADIAL LINE TO SAID POINT OF CURVE BEARS SOUTH 37°48'20" EAST; THENCE
ALONG SAID CURVE. A DISTANCE OF 96.38 FEET, THROUGH A CENTRAL ANGLE OF
3°42'57" TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY OF THE
AFOREMENTIONED 60' WIDE COUNTY ROAD EASEMENT (OLIVENHAIN ROAD. R.S.
454) PER DOCUMENT FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
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SAN DIEGO COUNTY JANUARY 21, 1930, IN BOOK 1737 AT PAGE 4 OF DEEDS; THENCE
ALONG SAID SOUTHEASTERLY LINE. SOUTH 38°23'08" WEST. A DISTANCE OF 207.60
FEET TO THE BEGINNING OF A TANGENT 330.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY, THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE AND
SAID CURVE, A DISTANCE OF 89.61 FEET, THROUGH A CENTRAL ANGLE OF 15°33'28"
TO A POINT ON THE NORTHERLY LINE OF THE AFOREMENTIONED 60 FOOT WIDE
EASEMENT GRANTED TO THE COUNTY OF SAN DIEGO FOR COUNTY HIGHWAY (OLD
OLIVENHAIN ROAD) RECORDED OCTOBER 3,1961, AS FILBPAGE NO. 172003 OF O.R;
THENCE ALONG SAID NORTHERLY LINE. NORTH 87°29'53" EAST, A DISTANCE OF
486.74 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF RANCHO SANTA
FE ROAD (R.S.454-A); THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 19°44'35"
EAST. A DISTANCE OF 62.81 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE OF
RANCHO SANTA FE ROAD, ALONG THE SOUTHERLY LINE OF THE AFORMENTIONED
60 FOOT WIDE EASEMENT GRANTED TO THE COUNTY OF SAN DIEGO FOR COUNTY
HIGHWAY (ROAD SURVEY 1631. PARCEL 61225) PER DEED RECORDED AUGUST 25,
1961, AS FILE/PAGE NO. 149167 OF O.R.. SOUTH 87°29'53" WEST. A DISTANCE OF
862.30 FEET TO THE POINT OF BEGINNING.
CONTAINING 49. 520.28 SQ. FT. (1.137 ACRES). MORE OF LESS
THE BASIS OF BEARINGS FOR THIS LEGAL DESCRIPTION IS THE CALIFORNIA
COORDINATE SYSTEM NAD83 ZONE 6 AND IS BASED ON A LINE BETWEEN HPGN
STATION "CA 11-07" AND HPGN STATION "LOMAX" PER RECORD OF SURVEY MAP NO.
14310, LE. NORTH 79°05'25" WEST.
THE DISTANCES STATED HEREIN ARE GROUND DISTANCES. THE COMBINED GRID
FACTOR USED TO OBTAIN THESE DISTANCES IS 0.99996581 AT HPGN STATION "CA
11-07" WHICH HAS NAD83 COORDINATES OF: NORTH 1,992,2291232 FEET, EAST
6,247,272.613 FEET. MULTIPLY GROUND DISTANCES BY 0.99996581 TO OBTAIN GRID
DISTANCES.
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THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.
SIGNATURE: ^^(44d4v^4{4 S/u
STEVEN M. HOWELL, PLS 5758
LICENSE EXPIRES ^/So//^
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