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Home My WebLink About2014-10-21; City Council; Resolution 2014-244RECORDING REQUESTED BY: Carlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad,CA 92008 DOC tt 201 4-049721 9 I 1111111111111111111111111111111111111111111111 IIIII IIIII IIIII IIII IIII NOV 14, 2014 11 :04 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE City of Carlsbad . Resolution No. 2014-244 SUMMARILY VACATING A PORTION OF THE RELINQUISHED ABUTTERS' RIGHTS OF ACCESS EASEMENT BETWEEN EL CAMINO REAL AND LOT 1 OF CT 98-07 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 EXHIBIT2 RESOLUTION NO. 2014-244 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PORTION OF THE RELINQUISHED ABUTTERS' RIGHTS OF ACCESS EASEMENT BETWEEN EL CAMINO REAL AND LOT 1 OF CT 98-07 WHEREAS, Levine Investments Limited Partnership, a Arizona limited partnership, owner of property described as Lot 1 of CT 98-07, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13716 filed in the Office of the County Recorder of San Diego County 1998-865598 recorded December 31, 1998, has filed an application to vacate a portion of the relinquishment of abutters' rights of access between El Camino Real and Lot 1 of CT 98-07; and WHEREAS, the Planning Commission on May 21, 2014 approved SUP 98-03(D) and SDP 14-04(A) to allow a signalized left turn lane on El Camino Real at the intersection of Gateway Road and a new driveway to provide access to said property; WHEREAS, SUP 98-03(D) and SDP 14-04(A) via Condition No. 27 of Planning Commission Resolution No. 7050 contemplated the vacation of a portion of the relinquished abutters' rights of access easement between El Camino Real and Lot 1 of CT 98-07; and WHEREAS, the City Engineer has determined that the 79.04 foot long vacated portion of the relinquished abutters' rights of access easement aligned with said driveway 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 relinquishment of abutters' rights of access is not useful as a non- motorized transportation facility; and 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 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 that: 1. 2. The above recitations are true and correct. It is Council's said intention to vacate, for public street purposes, a portion of the relinquishment of abutters' rights of access between El Camino Real and Lot 1 of CT 98- 07. 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 Recorders, this easement no longer constitutes a public street or public service easement. Ill Ill Ill Ill Ill Ill r: 1...- 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 ofthe City of Carlsbad on the 21st day of October 2014, by the following vote to wit: AYES: Council Members Hall, Packard, Schumacher, Blackburn. NOES: None. ABSENT: Council Member Wood. MATT HALL, Mayor ATTEST: BARBARA ENG LESO~~ - (SEAL) EXHIBIT "A" LEGAL DESCRIPTION STV 14-01 JUNE 13, 2014 J.N. 131029 PAGE 1 OF 1 THAT PORTION OF THE EAST LINE OF LOT 1 OF CT 98-07, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13716 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AS FILE NUMBER 1998-865598 RECORDED DECEMBER 31, 1998, ALSO BEING THE WESTERLY RIGHT-OF-WAY OF EL CAMINO REAL, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1, SAID POINT BEING THE BEGINNING OF A 1937.00 FOOT RADIUS CURVE CONCAVE WESTERLY; A RADIAL LINE TO SAID POINT BEARS NORTH 83°50'07" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE AND SAID EASTERLY LOT LINE, ALSO BEING THE WESTERLY RIGHT-OF-WAY OF EL CAMINO REAL, THROUGH A CENTRAL ANGLE OF 08°54'19", AN ARC DISTANCE OF 301.06 FEET TO THE TRUE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID 1937.00 FOOT CURVE, SAID EASTERLY LOT LINE AND WESTERLY RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 01°05'01", AN ARC DISTANCE OF 36.64 FEET TO THE BEGINNING OF A COMPOUND 290.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08°22'39" AN ARC DISTANCE OF 42.40 FEET. O:\Legal_Descriptions\131029\ECR VACATION.doc 7 u C EXHIBIT '8' LEGAL DESCRIPTION EXISTING EASEMENTS PORTION OF LOT 1 OF er 98-01, LINCOLN NORTHPOINTE, IN TH£ CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA PER MAP NO !3716, REC. 12/31/98. BASIS OF BEARINGS TH£ BASIS OF BEARINGS FOR THIS PLAN IS THE NORTHERLY LOT LINE OF LOT 1 OF MAP !3116, I.E. N 79'41 '12" [ PACIFIC OCEAN VICINITY MAP NO SCALE [I] SLOPE RIGHTS & DRAINAGE PURPOSES TO COUNTY OF SAN DIEGO REC. MARCH 12, 1970 AS F /N 44690 & 44691 DJ PUBLIC ROAD PURPOSES TO COUNTY OF SAN DIEGO REC. NOVEMBER JO, 1972 AS F /N 320065 [}] PUBLIC DRAINAGE, UTILITIES AND ACCESS TO CITY OF CARLSBAD PER MAP NO. 13116, REC. DECEMBER J 1, 1998. [[] ACCESS RIGHTS RELINOUISHED TO EL CAMINO REAL REC. DECEMBER JI, 1998 AS MAP NO. 13716 [[] PUBLIC UTILITIES & INGRESS/EGRESS TO SOC&£ REC. JULY 6, 1999 AS F/N1999-0468729 ITfil DRIVEWAY ENCROACHMENT TO COUNTY OF SAN DIEGO REC. MAY 21, 2012 AS F/N 2012-0295404 [}]] PUBLIC STREET & UTILITY EASEMENT TO THE CITY OF CARLSBAD REC. JUNE 6, 2012 AS F/N 2012-0330239 LEGEND EXISTING RIGHT-OF-WAY EXISTING LOT LINE EXISTING EASEMENT \ill>-1>,\Jt., USINESS PARK DR. CITY OF CARLSBAD APPLICANT: VACATION LEWN[ IN'vfSTMENTS LIMITED PREPARED BY: • PARTNERSHIP, AN ARIZCNAA4 :-,1 ./ /1 _ LIMITED PARTNERSHIP lJ.d/11.UUJ ~ 2201 CAMELBACK RD, STE 650 NICHOL£ A FINE PHOENIX, AZ 85016 LS. 8753. EXP. 12/31/14 602 248-8181 ' x,efs: 1329AMAP: 1329"1C DATE: JUNE 18, 2014 SHEET 1 OF 2 SHEETS A.P.N. 213-100-01 SN 14-01 EXHIBIT '8' B&f~ls 8rJ11" '2" £ N 79·411 LOT I PUBLIC PEDESTRIAN EASEMENT BY SEPARATE INSTRUMENT 2 C 0 -:::, (P.R. 14-29) ~ .__---:r-------, $ c~tsu~ O 2710 Loker Avenue West, Suite ::!: 100 Carlsbad, California 92010 P.QB. N.E. COH. LOT 1 , MAP 1.1116 Rf N 83'50'01"£ E &08'54'19" R= 1937. 00' 1 I l= .JOl.06' + &01V5'01" R=/937.00' l= 36.64' &08"22'39" J R=290.00' l= 4240' I I I I I ~ T: 760-931 -7700 l----c-1_T_Y __ o_F_C_A_R_L_S_B_A_D __ @ F: 760-931 -8680 APPLICANT: VACATION LEWNE IN'£S'/MENTS LIMITED PREPARED BY: PARTNERSHIP, AN ARIZO'vA 1i. ;-,1 ./ & LIMITED PARTNERSHIP ,,,tVIAP(J 2201 CAMELBACK RD, STE 650 NICHOLE A FINE PHO[N/X, AZ 85016 LS. 8153 EXP. 12/31/14 602 248-8181 Xrefs: 1329AMAP; 1329VIC o· 10· 40• ? 20' I SCALE: 1" = 40' DATE: JUNE 18, 2014 SHEET 2 OF 2 SHEETS A.P.N. 213-100-01 STV 14-01 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO } ss. I, Shelley Collins, Assistant City 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. 2014-244, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PORTION OF THE RELINQUISHED ABUTTERS' RIGHTS OF ACCESS EASEMENT BETWEEN EL CAMINO REAL AND LOT 1 OF CT 98- 07, 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. 2014. Witness my hand and the seal of said City of Carlsbad, this 29th day of October, SHELLEY COLLINS, C ASSISTANT CITY CLE K (SEAL)