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Home My WebLink About2017-12-05; City Council; Resolution 2017-227RECORDING REQUESTED BY: c.arlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 DOC# 2018-0016347 111111111111 lllll 11111111111111111111111111111111111 IIIII IIIII IIII 1111 Jan 16, 2018 01 :12 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $107 00 (SB2 Atkins $75.00) PAGES 7 SPACE ABOVE THIS LINE FOR RECORDER'S USE City of Carlsbad RESOLUTION NO. 2017-227 '1 c;, ,, 0 /c7\ RESOLUTION NO. 2017-227 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SUMMARY VACATION OF ALL THAT PORTION OF A SLOPE EASEMENT ON PARCEL 3 OF PARCEL MAP NO. 18059 FRONTING 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 slope 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. 31 of Planning Commission Resolution No. 7270 required the developer to vacate a slope easement fronting Cougar Drive recorded per final order of condemnation on November 2, 1990 as document No. 90-597613 of official records of San Diego, WHEREAS, said slope easement was dedicated to the city to allow for the construction of slopes for construction of Cougar Drive; and WHEREAS, Cougar Drive has been constructed and the city no longer needs to construct or grade said slopes; and WHEREAS, this proposed vacation is made pursuant to Section 8333 of the California Streets and Highway Code; and WHEREAS, the slope easement is not needed for present or future use by the city, public or adjacent property owners; and WHEREAS, the slope easement 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 of a slope easement recorded per final order of condemnation on November 2, 1990 as document no. 90-597613 of official records of San Diego, fronting Cougar Drive. 3. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highway Code, said excess slope 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:tb. 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. EXHIBIT "A" VAC 2017-0007 PAGE 1 OF 2 SLOPE EASEMENT VACATION THAT PORTION OF THE SLOPE EASEMENT DESCRIBED IN FINAL CONDEMNATION ORDER RECORDED NOVEMBER 2, 1990 AS DOCUMENT NO. 90-597613 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY (02), LYING WITHIN PARCEL 3, OF PARCEL MAP NO. 18059, 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 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 SOUTHEASTERLY LINE OF PARCEL 3 OF AFOREMENTIONED PARCEL MAP 18059 AND THE NORTHEASTERLY PROLONGATION THEREOF NORTH 75°57'06" EAST 670.98 FEET (NORTH 75°35'44" EAST D2), (NORTH 75°35'53" EAST M1 ), THENCE LEAVING SAID PROLONGATION NORTH 64°02'54" WEST, 464.19 FEET, (NORTH 64°24'16" WEST D2) TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 662.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03°44'35", AN ARC DISTANCE OF 43.25' FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 20.00 FEET; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY, THROUGH A CENTRAL ANGLE OF 84°49'27" (84°48'47" D2), AN ARC DISTANCE OF 29.61 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 398.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 15°47'02", AN ARC DISTANCE OF 109.64' FEET TO THE NORTHEASTERLY LINE OF PARCEL 3 OF AFOREMENTIONED PARCEL MAP NO. 18059, BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTHWESTERLY ALONG LAST SAID CURVE, THROUGH A CENTRAL ANGLE OF 15°24'30" AN ARC DISTANCE OF 107.03 FEET TO A LINE PARALLEL WITH AND SOUTHEASTERLY 76.00 FEET FROM THE NORTHWESTERLY LINE OF THE AFOREMENTIONED 11.00 ACRE PARCEL; THENCE ALONG SAID PARALLEL LINE SOUTH 58°34'36" WEST 101.63 FEET (SOUTH 58°12'45" WEST 101.74' D2) TO THE SOUTHWESTERLY LINE OF SAID 11.00 ACRE PARCEL; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 21°11'37" EAST 42.00 FEET (SOUTH 21°32'35" EAST D1), (NORTH 21°33'48" WEST M1); THENCE LEAVING SAID SOUTHWESTERLY LINE, NORTH 16°22'3011 EAST, 16.40' (NORTH 16°01'33" EAST D2); THENCE NORTH 48°28'46" EAST, 154.58' (NORTH 48°07'48" EAST, 155.24 FEET D2); TO THE BEGINNING OF A NON TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 405.00 FEET SAID CURVE BEING CONCENTRIC WITH AND SOUTHEASTERLY 7.00 FEET FROM THAT EXHIBIT "A" VAC 2017-0007 PAGE 2 OF 2 CERTAIN CURVE DESCRIBED ABOVE AS BEING CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 398.00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 39°15'46" EAST (SOUTH 39°42'18" EAST D2); THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 07°28'16", AN ARC DISTANCE OF 52.81 FEET TO THE NORTHEASTERLY LINE OF PARCEL 3 OF AFOREMENTIONED PARCEL MAP NO. 18059; THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE NORTH 41°12'10" WEST 7.03 FEET, (NORTH 41 °34'44" WEST M1) TO THE TRUE 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, NAO 83, EPOCH 1991.35. GOLD COAST SURVEYING, INC. SALK AVE j VICINITY MAP t N.T.S. DRAWN BY: B.C.B. DATE: 05/19/2017, RE.VISED: 11/07/2017 DWG. NO.: 201636.DWG CHECKED BY: J.K.B. ") (0 J_ PROJECT EXHIBIT "B" VAC 2017-0007 PAGE 1 OF 1 ---....._ ----,. EL CAMINO REAL r - SLOPE EASEMENT VACATION PLAT WEST COAST SELF-STORAGE -CARLSBAD APN 209-040-42-00 CARLSBAD, CA 0 50 RADIAL LINE DATA R4 N 22'12'31" E Rod R5 N 62.36'16" W Rod R6 S 45·49'54" E Rad RB S 39·15'45" E Rad {S 39·42'18" E 02) R9 N 46'44'02" W Rod 200 SLOPE EASEMENT VACATION DATA 02 FINAL CONDEMNATION ORDER, Ml El E2 REC. 11/02/1990 AS DOC NO. 90-597613 O.R. PARCEL MAP NO. 18059 Ll=03'44'J5" R=662.00' L=43.25' Ll=84'49'27" R=20.00' L=29.6t' (Ll=84.48'47" R=20.00' L=29.61' 02) E3 Ll=31'11'J2" R=398.00' L=216.67' (lF=J/"10'23" R=398.00' L=216.54' 02) E4 Ll=/5'47'02" R=398.00' L=/09.64' ES Ll=15'24'30" R=398.00'L=107.03' E6 S 58'34'36" W 101.63' (S 58'12'45" W 101.74' 02) E11 5 21"11'37" E 42.00' (S 21·32'35" E 02) (N 21°33'48" W Ml) £12 N 16'22'30" E 16.40' {N 16'01'33" E 02) £13 N 48.28'46" E 154.58' (N 48'07'48" E 155.24' 02) £14 Ll=07'28'16" R=405.00' L=52.81' £15 N 41'12'10" W 7.03' (N41•34'44" W Ml) PREPARED BY: GOLD COAST SURVEYING, INC. 60) 758-7732 FAX (760) 758-7733 0. BOX 1876 -VISTA CA 92085-1876 110 CMG CENTER DR. SUM /208 \.1STA, C4 92084 gcsitlatt.net 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. 2017-227 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, APPROVING A SUMMARY VACATION OF ALL THAT PORTION OF A SLOPE EASEMENT ON PARCEL 3 OF PARCEL MAP NO. 18059, FRONTING 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 21st day of December, ( /\ / /'l /7 " \ ! r /)/Ji I /);/ ,, _)(?. IYY-)c:,J.o,, t5 . 1L LcJL iv'.Y\ M-...J TAMARA R. MCMINN DEPUTY CITY CLERK (SEAL)