HomeMy WebLinkAbout1975-03-18; City Council; 3317; Via Corta street vacation'-4 THE .CITY OF CARLSPAD, CALIFORNIA 7- 6- d
Agenda Bi I1 ',!o. 33r-I 33 i 7 .I Referred io:
Date --. March 18, ~- 1975
(/"l L- '
969 Subject: Street vacation of Via Corta (Car'lsbad Submitted BY: Tract 73-45) from Park Drive to northerly terminus between Via Hinton and Via Marta, and utility Public Works .
easement quitclaim deeds adjacent to Via Corta. Adm i n i s t ra tor -4 -
. - Statement of the Matter
Bee Cee Development Company, Developer of Carlsbad Tract 73-45, Map
8033, has sent a letter of request to vacate a small stub street,
Via Corta, and contiguous future slope rights as shown on Exhibit 3.
The Planning Department, Public Works Department, uti1 ity companies and the adjacent property owner to the north have no objections to
subject vacation. However, easement reservations for an existing
waterline and a (10') public utility and tree planting easement shall
be retained in proposed vacation of Via Corta.
In conjunction with the street vacation granting of (2) quitclaim deeds
of existing (10')tpublic utility and tree planting easements adjacent
to Via Corta over Lots 78 and 79 should be considered with the vacation
request.
A waterline planned for construction in a public easement on Lot 76,
Carlsbad Tract 73-45, was actually constructed through Lot 70 of said
tract. Therefore, the (5') waterline easement through Lot 76 should be quitclaimed by the City, and Bee Cee Development Compa,ny shall grant to the City of Carlsbad a (5') waterline easement through Lot 70.
Exhibit
1. letter
Co rta,
2. letter
Corta. 3. mao of
of request from Jay F. Hoffman, property owner north of Via
to eJiminate Via Corta.
of request from Bee Cee Development Company to vacate Via
proposed vacation of Via Corta, Drawing No. 181-1.
. it. Resolution 3612, a resolution of intention to vacate a portion of Via Corta and adjacent future slope rights.
. 5. map of an easement to be quitclaimed through Lot 76. 6. map of easements to be quitclaimed through Lots 78 and 79.
If the Council desires: 1. adopt Resolution 36)~ , a resolution of intention of the City Council of the City of Carlsbad declaring intention to vacate a portion of Via Corta and adjacent future slope rights. 2. adopt a motion authorizing the Mayor to execute (3) quitclaim deeds
. of existing easements through Lots 76,78 and 79 as dedicated on
Carlsbad Tract 73-45. Execution thereof, subject to Bee Cee Develop-
ment Company grant ing a water1 ine easement through Lot 70 of said
tract.
Staff Recommendations to City Manager
AB No. .. 4
City Manager's Recommendation
Concur
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Council Action
3-18-75 Resolution #3612 was adopted, stating the Council's intention to
vacate'a p'ortion of Via Corta and adjacent future slope rights.
Further, authorization was given for the Mayor to execute three (3)
quitclaim deeds of existing easements in Car'lsbad Tract 73-45,
subject to Bee Cee Development Company granting a waterline easement
.tr'u Lot 70 of said tract.
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November 12, 1974
Engineering Department
City of Carlsbad
1200 Eh Avenue
Carlsbad, CA 92008
CITY OF CAKLSdAD
Englnwing Department
Gentle-:
During a diirciiP6foa.Ilsith the deveiepers sf the new subdivisiea lcmawm 88
Uma-taguna-Unit ?being develeped Matmly seuth of my proparty, 1
learned that the propesed street - Via Corta - which will stub into my
property line, is not a required street to an adequate circulation
system for this area.
My future development plaao for my proparty do not need a street in this
location; in fact, I fear that a street as proposed uould alter my
plans to the detriment of any development.
As you are aware, the steep grade rucc8rary to traverse frmmy rstlth
boundary to $1 Camincp Real will create a problem for the proposed
Via Corta.
I will appreciate ycmr ca8idurati.r amd efforts in ry
sow -K eliminate the proposed Vir Corta entering my preprtp.
to in
SiPccrely, _- &ff”/ 4901 El Cantino Real
Carlsbad, CA 92008
t
November 14, 1974
Enginalering Dcpartmurt
Cfty of CarlsW
1200 Elm Aveuue
Catlsbad, CA 92908
A~~TOI: Hr. Tim Planrrigan, City Engi-r
REFERE=: Carlsbad Tract 73-45 -- Lcma Lasop0 Unit 2
GemtleYUat:
At a meeting with Mt. Flannigan last week, the problems presented by the props4
stub street, Via Corta, were discussed,
Due to the following basic factors we respectfully reqwst the City of Carlsbd
to cause the proposed Via Cotta to be vacationed to the adjoining lots on the
east and west of the proposed streets -- lots 78 and 79.
I
1. Adjoining property owner on north has reepested that propesd Viu Corta
not enter his property from subject subdivisioa. s
2.
3.
Gradation problm €or a prop884 tie-in tu El Cadaa -1 ar~ s~ere,
Possible difficulty of Mi- future iBprmaarat = Prmb
4. Eyesere to new subdivision of an mfiarishd area.
We will be happy to assist in any mamar the EngLPrnrLly Departmaat reqwats,
Sincerely,
BEE CEZ DECTELORFEEIT CO,
n
S
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RESOLUT I ON NO. 361 2
A RESOLUTION OF INTENTION OF THE CITY
COUNCIL OF THE CITY OF CARLSBAD DECLAR-
ING INTENTION TO VACATE A PORTION OF VIA
CORTA AND ADJACENT FUTURE SLOPE R IGHTS.
BE IT RESOLVED by the City Council of the City o
Carlsbad as follows:
1. The City Council of the City of Carlsbad does hereby
declare its intention to proceed under the provisions of the
Street 'Vacation Act of 1941 to vacate a portion of Via Corta and
adjacent future slope rights, located within the City of Carlsbad,
County of San Diego, State of Cal ifornia, particularly described
on Drawing No. 181-1 on file in the office of the City Engineer
of the City. of Carlsbad and .on Exhibit "A" attached thereto.
2. .Proceedings for vacation of the said portion of Via
Corta and adjacent future slope rights are takev subject to cer-
tain reservations as may be required for sewer, water, drainage,
and other utilities purposes. Details regarding said reservation
can be obtained from the City Engineer of the City of Carlsbad.
3. A public hearing shall be held at the City Council
Chambers at 1200 Elm Avenue, Carlsbad, California., at 7:30 P.M.,
on April 15, 1975, for the purpose of hearing all persons inter-
ested in or objecting to said proposed vacation.
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PASSED, APPROVED AND ADOPTED at a regular meet
City Council held March 18, 1975, by the following vote,
AYES; Councilmen Frazee, Lewis, Skotnicki and
NOES: None . Councilwoman Casler
ABSENT: None
ABSTAINING: Councilman Chase
ng of thk
to wit:
I
Y
%.Fc >%"a;c
ROBERT C. FRAZEE, M yor
ATTEST:
PHb,PP<, ., ADAMS,ICity Clerk
b 4 . ** '
.? I
II. Exhibit "A"
1, Description of vacation of Via Corta and adjacent future slope rights:
(a) Via Corta
All that portion of Via Corta, Carlsbad Tract No. 73-45 (Lorna Laguna
Unit No, 2), Map 8033, recorded October 23, 1974, in the Office of the County Recorder of San Diego County, State of California,
described as follows:
Beginning at the northeasterly corner of Lot 78 as shown on said
Map 8033; thence along the northerly boundary of said Map, South 88001'06" East 62.10 feet to the northwesterly corner of Lot 79
as shown on said Map; thence South 12056'39" East 124.32 feet to the
beginning of a tangent 20.00 foot radius curve concave northeasterly;
thence southeasterly along the arc of said curve 30.36 feet through
a central angle of 86O58'59" to a point on the arc of a 930.00 foot
radius curve concave southeasterly, a radial line to said point bears North 9O55'38" West: thence westerly along the arc of said
curve 97.94 feet through a central angle of 6O02'02" to a point
on a 20.00 foot radius curve concave northwesterly: thence north-
.
easterly along the arc of said curve 30.36 feet tkrough a central angle of 86O58'59"; thence tangent to said curve North 12O56'39"
West 140.31 feet to the Point of Beginning.
(b) future slope rights in Lot 78
All that portion of Lot 78, Carlsbad Tract No. 73-45 (Lorna Laguna Unit No. 2), Map 8033, recorded October 23, 1974, in the Office of the County Recorder of San Diego County, State of California, described as follows:
Beginning at the northeasterly corner of Lot 78 of said Map No, 8033;
thence South 12O56'39" East 140.31 feet to the beginning of a tangent
20.00 foot radius curve concave northwesterly; thence southwesterly
along the arc of said curve 30.36 feet through a central angle of
86°58'59"; thence North 21059'01" East 24.36 feet; thence North
15044'31" West 137.96 feet to the northerly line of said Lot 78;
thence North 64058'15" East 12.00 feet to the Point of Beginning.
cc) future slope rights in Lot 79
All'that portion of Lot 79, Carlsbad Tract No. 73-45 (Lorna Laguna
Unit No. 21, Map 8033, recorded October 23, 1974, in the Office of
the County Recorder of San Diego County, State of California, described as follows:
Beginning at the northwesterly corner of Lot 79; thence along the
northerly line of said Lot 79, South 88°01'06" East 12-00 feet; thence South 9O49'49" East 121.41 feet; thence South 47052'20"
East 24.36 feet to a point on a 20.00 foot radius curve concave
northeasterly, a radial line to said point bears North 9055'38"
West; thence westerly and northerly along the arc of said curve
30.36 feet through a central angle of 86058'59''; thence North 12056'39" West 124.32 feet to the Point of Beginning.
\
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Exh i b i t
Page Two
"A"
2, Description of easement reservations in Via Corta:
(a) An Easement and rights at any time, or from time to time,
to construct, maintain, operate, replace, remove and renew water
pipe1 ines, sewer lines, storm drains, underground telephone
company structures & appurtenant utility structures in that portion of Via Corta (vacated) Carlsbad Tract #73-45 (Loma Laguna Unit #2) Map 8033, recorded Oct. 23, 1974 in the Office of the County Recorder of San Diego County, State of California,
described as follows:
Beginning at the northeasterly corner of Lot 78 as shown on said
Map 8033; thence along the northerly boundary of Map No. 8033,
South 88°01'06if East 36.23 feet; thence South 72'56'39" East 149.68 feet to a point on the arc of a 930.00 foot radius curve
concave southeasterly, a radial line to said point bears North
12°38110'1 West; thence westerly along the arc of said curve 20.00
feet through a central angle of l"13'56''; thence North 12°56L39'1
West 121.00 feet; thence North 34O25'40" West 40.96 feet to the
Point of Beginning.
(b) A ten foot ( 10') pub1 ic uti 1 ity and tree planting easement
in that portion of Via Corta (vacated), Carlsbad Tract No. 73-45
(Loma Laguna Unit No. 2), Map 8033, recorded October 23, 1974, in the Office of the County Recorder of San Diego County, State of California, said easement lying ten feet northerly and contiguous
to the following described line:
Beginning at the southwesterly corner of Lot 78 as shown on said Map 8033, said corner being a point on a 930.00 foot radius curve concave southeasterly; thence easterly 55.73 feet along the arc
of said curve through a central angle of 3'26'00'' to the True
Point of Beginning, a radial line to said True Point of Beginning
bears North 15'57'40'' West; thence continuing along the arc of
said curve 97.94 feet through a central angle of 6'02'02'' to the
terminus of said 1 ine.
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RESOLUTION NO. 3612
A RESOLUTION OF INTENTION OFTHE CIN COUNCIL OF THE CITY OF CARLSBAD DECLARING INTENTION TO VACATE A PORTION OF VIA CORTA AND ADJACENT FUTURE SLOPE RIGHTS
BE IT RESOLVED by the City Ca~ndl Or the City Or Carla BIT fdlQM:.
1. The City Council of the City of Carlsbad does herebv declare
its intention to proceed under the provisions of the Street
Vacation Act of 1941 to vacate a portion of Via Cone and ad-
jacent future slope rights, located within the City of Carlsbad.
County of Sen Dieeo. State of California. particularly described
on Drawing No. 181-1 on file in the office of the City Engineer of
the City of Carlsbad and on Exhibit"A" attached thereto. 2. Proceedings for vacation of the said portion of Via Corte and adjacent future slope rights are taken subject to certain resewations as may be required for sewer, water, drainage. and other utilities purposes. Details regarding said reservation can
be obtained from the City Engineer of the City of Carlsbad.
3. A public hearing shall be held at the CiW Council Chambers
at lz00 Elm Avenue, Carlsbad. California, at 730 P.M., on April
15,1975. for the purpose of hearing all parsons interested in or
objecting to said proposed vacation.
PASSED. APPROVED AND ADOPTED at a regular meeting of
the City Council held March 18, 1975, by the following vote, to wit:
AYES: Councilmen Frame. Lewis, Skotnicki and
NOES: None
ABSENT: None
ABSTAINING: Councilman Chase
Councilwoman Casier
ROBERT C. FRAZEE, Mayor
AlTEST: MARGARET E. ADAMS. City Clerk
Publish: March 27,1915 No. 1482
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B hereby declese under penaky of perjury
Principal Clerk