HomeMy WebLinkAbout1981-03-03; City Council; 6275-2; Offsite Road Easement for Carlsbad Tract 80-15*,
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CITY OF CARLSBAD
Initial :
DATE: March 3, 1981 C. Atty
'2 AGENDA BILL ~0.6273"- &- \ Oept. Head E
DEPARTMENT: Eng i neer i ng
SUBJECT: OFFSITE ROAD EASEMENT FOR CARLSBAD TRACT 80-15
CARLSBAD MUN I C I PAL CENTER
STATEMENT OF THE MATTER
As a condition for development of Carlsbad Tract 80-15, the developer was
required to extend Avenida Encinas offsite from the subdivision boundary
to Cannon Road. The Engineering Department and the developer have worked
out an easement alignment which is consistent with the tentative map and
all applicable City Standards. This easement, however, is inconsistent
with a previously dedicated portion of Avenida Encinas.
The owner of the property over which the easement runs has, therefore,
requested that the prior easement be vacated concurrently with the qranting
of 'the new easement:
within the affected easement and, since the easement will be superseded by
relocation, the City Council may summarily vacate and abandon the roadway
easement by resolution pursuant to Chapter 4, Part 3, Civision 9, Section
et seq. of the California Streets and Highway Code.
Since.there are no pub1 ic improvements constrkted
A vacation performed under the provisions of this section may be ggcomp
by resolution only and no previous public hearings are required. --
FISCAL IMPACT
8330
ished
No major fiscal impacts are anticipated. The road improvements will be
constructed by the developer. After acceptance of the improvements, the
City will assume the ongoing maintenance responsibility.
EXH I B I TS
1. Locat ion Map
2. Resolution No. br/SrAccepting Grant Deed 3. Resolution No. hq~? Summarily Vacating a Portion of Avenida Encinas.
RECOMMENDATION
Adopt Resolution No.&qeef accepting grant deed for Avenida Encinas
Extension; and Resolution No. by''? summarily vacating a portion of
Aveninda Encinas.
Council Action:
3-3-81 Council adopted Resolution 6458 and 6459.
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A RESOLUTIOX OF THE CITY COUNCIL OF THE
A GRANT DEED FROM RAY W. AND BARBARA WINTER CITY OF CARLSBAD, CALIFOFIIA , ACCEPTING
FOR STREET A_ND GENERAL UTILITIES PUrnrnS.
RAY W. AND BARBARA WINTER has subm.itted a FQI-EREAS ,
Srant Deed conveying an easement to the .
Zity of Carlsbad for street and general uti 1 i,ties purposes ; said Deed
is on file in the Office of the City Clerk an.d is incorporated by
reference lierein; ana
WHEREAS, the City Council of the City of Carlsbad has
determined it to be in the public interest to accept said Deed:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
Sity of Carlsbad, California, as follows: ..
1. That the above recitations are true and correct.
2. That the Grant Deed conveying an easement to
the City of Carlsbad for street and general utilities purposes , is
ierehy accepted.
3. That the City Clerk is hereby authorized to cause the
irigi-nal Deed to be recorded. in the Office of the County Recorder
)f San Diego County, State of California, with the appropriate
Zertificate of Acceptance attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Zarlshad City Council held on the3rd _.L_ day of March 1981 by
:he following vote, to wit:
AYES : Councj-1 Members Packard, Casler, Ancar, Lewis and Kulchin
NOES :
ABSENT:
None
None
RONALD C. PPACKARD, Mayor
iTTEST :
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RKSOLUT I ON NO. 645 9
A RESOLUTIQN OF THE CITY COUNCI I_ OF THE CITY
OF CARLSEND, CALI FORN I A, SUMMARI LY VACATING
A PORTiON OF AVfNlDA _I_ EhCINAS --
WHEREAS, a portion of Avenida Encinas was dedicated to the City of
Carlshad per an easernen.t description recorded November 13, 1972, per San
@/ego County record fi le No. 303348; and
WHEREAS, the Avenida Encinas al ignment has been relcoated to a new
alignment and a new easement has been dedicated to the City of Carlsbad
over said relocated alignment; and
WHEREAS, the portion of Avenida Encinas previously dedicated contains
no public faci lities or appur-t-cnances, and provides no usable access to the
adjoining property;
NOW, THEREFORE, BE IT RESOLVED by the City Counci I of the
Carlsbad as follows:
I. The above facts
2. That, pursuant
of the Ca I i forn i a Streets
referenced above and more
are true arid correct.
o Chapter 4, Part 3, Division 9, Sect
and Highway Code, the portion of Aven
particularly described on Exhibit "A"
City of
on 5330 et seq.
da Encinas
as shown on
Attachment "A" attached hereto and by this reference incorporated herein,
be surnrnari ly vacated.
PASSED, APPROVED AN@ ADOPTED at a regular rneeting of the City Counci I,
of the City of Carlsbad, held the --- 3rd day of -- March J 19 81 2
by .the. fol lowing vote, to wit:
Council Members Packard, Casler Anear, Lewis and Kulchin AYES :
NOES : None ABSENT: None
ATTEST :
( SEAL.)
rL" - - RONALD C. PACKARD, Mayor
79298
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LEGAL DESCRIPTION
CANNONROAD
(PCIRTION TO BE ABANDONED)
That portion of Lot E-I of Rancho &pa Hedionda, in the City of Carlshad, County
of Sari Diego, State of California, recording to map thereof No, 823 filed in the
office of the County Recorder of said County described as follows:
Commencing at the Northeasterly terminus of that certain course described as
South 67°31p4Q" West 27.44 feet for 8 partion of the Southeasterly line of the
land described in Parcel 7 of the deed to the City of Carlsbad recorded
November 13, 1972, File No. 303348 of Ofkial Records in the office of said Coui! ty Recorder; thenee dong said SoritheastesSy line, the following courses:
South 67°31f40ff West 27.44 feel to the TEUE POINT OF UEGIPiNZNG, said point
being the beginning of u tangent curve concave Southeasterly having a radius of
25.00 feet, Southwesterly 36-80 feet aloing said curve through a central angle uf
84*2i1t20f', Sw+h 73c'l.1t20tr West 35.03 feet,. South PGD48f40f' Enst 11.90 feet,
Sm~h ?3°~~i;;)~f1 /vest 35.00 feet to the beginning of a non-tangent CUI'V~ concave Southwcstwly having a radius of 25.00 fect, a raditsl line to said curve bexs North 73°13'2019 East, and No;.thwesterly 41 .r. 4 feet along said mrve through a.
central angle of 95°39'$011; thenee North 67°31T4Qs1 East 120.59 €eel to the true point of beginning.
EXH I B IT "A" of RESOLIJTI ON NO. ,&!!h-? -
17782 SKY PARK IIOIILEVARD * IRVINf:, CAI-IFOHNIA 92714 a (714) 549-2222
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ATTACHMENT "A" OF RESOLUTION NO. dqs?
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IRVINE, CALIFORNIA 92714
(714) 549-2222
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APPRO'/ ED BY
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SCALE /"=5;5'
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SURVEYED 9Y -_ CHECKED BY
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DATE