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Home My WebLink About2017-12-05; City Council; Resolution 2017-226RECORDING REQUESTED BY: Carlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 DOC# 2017-0611218 111111111111 lllll 11111111111111111111111111111111111111111111111111111 Dec 28, 2017 11 :44 AM OFFICIAL RECORDS Ernest J. Dronen burg, Jr , SAN DIEGO COUNTY RECORDER FEES: $33.00 PAGES 7 SPACE ABOVE THIS LINE FOR RECORDER'S USE City of Carlsbad RESOLUTION NO. 2011-226 3)/ RESOLUTION NO. 2017-226 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SUMMARY VACATION OF ALL THAT PORTION OF A PUBLIC UTILITY EASEMENT ACROSS PARCEL 3 OF PARCEL MAP NO. 18059, LOCATED AT THE SOUTHEAST CORNER OF EL CAMINO REAL & COUGAR DRIVE. CASE NAME: WEST COAST SELF STORAGE-CARLSBAD CASE NO.: VAC 2017-0007 WHEREAS, the City Council of the City of Carlsbad, California has determined that Land Development, LLC, a California limited liability company, owner of property at the southeast corner of El Camino Real & Cougar Drive and more particularly described as Parcel 3 of Parcel Map No. 18059, filed in the office of the County Recorder of San Diego County, July 2, 1998, has filed an application to summarily vacate a public utility easement over said property; and WHEREAS, the Planning Commission approved Planning Commission Resolution No. 7270 on October 18, 2017 approving Conditional Use Permit (CUP2017-0004) and Scenic Corridor Special Use Permit (SUP 2017-0001) to allow for the construction and operation of an 83,672 square foot, three-story, split level, self-storage facility located on said property; and WHEREAS, Engineering Condition No. 30 of Planning Commission Resolution No. 7270 required the developer to vacate a public utility easement excepted from vacated public street right-of-way per City Council Resolution No. 90-133, recorded May 22, 1990, as document no. 90-280162 of official records of San Diego County, at the southeasterly corner of El Camino Real and Cougar Drive. WHEREAS, there are currently no active public utilities within the requested vacation; and WHEREAS, this proposed vacation is made pursuant to Section 8333 of the California Streets and Highway Code; and WHEREAS, the public utility easement is not needed for present or future use by the city, public or adjacent property owners; and WHEREAS, the proposed vacation is not useful as a non-motorized transportation facility; 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. That the City Council hereby approves a summary vacation to vacate a portion of a public utility easement excepted from vacated public street right-of-way per City Council Resolution No. 90-133, recorded May 22, 1990, as document No. 90- 280162 of official records of San Diego County, at the southeasterly corner of El Camino Real and Cougar Drive. 3. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highway Code, said excess easement 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. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 2!h day of December, 2017, by the following vote, to wit: AYES: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. NOES: None. ABSENT: None. (SEAL) EXHIBIT "A" VAC 2017-0007 PAGE 1 OF 1 PUBLIC UTILITY EASEMENT VACATION THAT PORTION OF THE UTILITY EASEMENT EXCEPTED FROM THE VACATION BY RESOLUTION NO. 90-133, RECORDED MAY 22, 1990, AS DOCUMENT NO. 90-280162 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY (D1 ), LYING WITHIN PARCEL 3 OF PARCEL MAP NO. 18059 (M1), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 2, 1998, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL 1, OF PARCEL MAP NO. 10060, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MAY 23, 1980, SAID CORNER BEING ALSO AN ANGLE POINT IN THE BOUNDARY OF THAT CERTAIN 11.00 ACRE PARCEL OF LAND SHOWN ON RECORD OF SURVEY NO. 10421, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, FEBRUARY 13, 1986; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID 11.00 ACRE PARCEL NORTH 21 °11 '37" WEST, 180.80 FEET (NORTH 21 °32'35" WEST 180.83 FEET D1) TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF COUGAR DRIVE, 72 FOOT IN WIDTH, AS DEDICATED ON AFOREMENTIONED PARCEL MAP NO. 18059; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE SOUTH 58°34'36" WEST, 36.38 FEET (SOUTH 58°13'03" WEST, 36.37 FEET M1) TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1164.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, THOUGH A CENTRAL ANGLE OF 01°39'57" (01°39'56" D1) (01°40'02" M1), AN ARC DISTANCE OF 33.84 FEET (33.87 FEET M1) TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHWESTERLY, SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 98°43'32" (98°44'00" D1) (98°44"02" M1), AN ARC DISTANCE OF 43.08 FEET TO THE BEGINNING OF A REVERSE CURVE,:CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1863.00 FEET, SAID CURVE BEING ALSO CONCENTRIC WITH AND NORTHEASTERLY 63.00 FEET FROM THE CENTERLINE OF EL CAMINO REAL AS SHOWN ON RECORD OF SURVEY NO. 10674 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AUGUST 14, 1986, A RADIAL LINE TO SAID CURVE BEARS NORTH 48°11'07" EAST (NORTH 47°48'49" EAST 01) (NORTH 47°48'59" EAST M1); THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 04°11'14" (04°11'16" M1), AN ARC DISTANCE OF 136.15' FEET (136.17' M1) TO THE SOUTHEASTERLY LINE OF PARCEL 3 OF AFOREMENTIONED PARCEL MAP NO. 18059; THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 75°57'06" EAST, 44.35 FEET (NORTH 75°35'53" EAST, 44.38 M1) TO THE POINT OF BEGINNING. ALL AS SHOWN ON THE ATTACHED PLAT, MARKED EXHIBIT "B", WHICH BY THIS REFERENCE HERETO IS INCORPORATED HEREIN AND MADE A PART HEREOF. THE BEARINGS SHOWN HEREON ARE CALIFORNIA COORDINATE SYSTEM 83, ZONE 6, NAD 83, EPOCH 1991.35. GOLD COAST SURVEYING, INC. /· f,. _·,/'t:f:;<,/ C 2i &/rr-1/l?II z 'BRUCE C. BONDE, PLS NO. 6144 RJ I DRAWN BY: B.C.B. -EXHIBIT "B" -0 30 60 SCALE: 1 "=60' I ,,,....--NWt y LINE / 11.00 ACRt Ros 104"! PAR. ------:'. COUGAR I! -DR ~ --1 ------\ --- PORTION OF UTILITY EASEMENT PER DI AREA ±11,767 SQ. FT. UTTLITY EASEMENT VACATION DA TA D1 RESOLUTION NO. 90-133, REC. 05/22/1990 AS DOC NO. 90-280162 O.R. D2 FINAL CONDEMNATION ORDER, REC. 11/02/1990 AS DOC NO. 90-597613 O.R. M1 R1 R2 PARCEL MAP NO. 18059 N 33'05'21" W Rad (N 3326'59" W Ml) N 48"11'07" E Rad (N 47'48'59" E M1) (N 47'48'49" E D1) ~ R3 N 52'22'21" E Rad (N 52'00'15" E Ml) -----ti SW'LY LINE 11.00 ACRE PAR. ROS 10421 ~POINT OF BEGINNING, p M 1 8 0 5 9 . W'LY COR. PCL. 1, PM 10060 A R 3 I I 120 I ,t, '----.... p I (i, ;s:s.,>, ~ ~SE'L Y LINE S:J. 06.. / PAR. 3 ; :ssJ-,, l'"" "<-PM 18059 ) I I -~ -sf.3; ~ '-<.;,-:_s, ..... 6', ,ifv· I I PROJECT PREPARED BY: DATE: 05/19/2017, RE.VISED: 11/07/2017 DWG. NO.: 201636.DWG PUBLIC UTILITY EASEMENT VACATION PLAT WEST COAST SELF-STORAGE -CARLSBAD APN 209-040-42-00 GOLD COAST SURVEYING, INC. 60} 758-7732 FAX (760} 758-7733 , BOX 1876 -VISTA C4 92085-1876 110 CMG CENTER OR. SUIT[ /208 VISTA, CA 92084 gcsi@att.ne1 CHECKED BY: J.K.B. CARLSBAD, CA STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ss. I, Tamara R. McMinn, Deputy 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. 2017-226 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, APPROVING A SUMMARY VACATION OF ALL THAT PORTION OF A PUBLIC UTILITY EASEMENT ACROSS PARCEL 3 OF PARCEL MAP NO. 18059, LOCATED AT THE SOUTHEAST CORNER OF EL CAMINO REAL & COUGAR DRIVE 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. 2017. Witness my hand and the seal of said City of Carlsbad, this 2ist day of December, (. } ' ' I, .· 1 \ / , ,.--, . /) ,·"l ,· . 1 /f . · \. __ )C:'-'lYY]c_,,1 -\, ~ -() . // /cl 11/M l]c\ ,; TAMARA R. MCMINN DEPUTY CITY CLERK (SEAL}