HomeMy WebLinkAbout1990-05-08; City Council; 10617; RESOLUTION TO SUMMARILY VACATE A PORTION OF EL CAMINO REAL PR 6.98P w
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square feet of land to be returned to the tax rolls.
EXHIBITS:
1. Location Map.
2. Letter of Request
3. Resolution No. %A/# to summarily vacate a portion of
El Camino Real adjacent to the intersection with Cougar Drive.
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LOCATION MAP
VACATION
N.T.S.
EL GAMIN0 REAL
EXHIBIT 1
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RECEIVED 0 0
ASARO & KEAGY
ROSCOE D. KEAGY 3170 FOURTH AVENUE CITY OF CAWLSBAD
FEB 05 1990 ATTORNEYS AT LAW
FRANK L. ASARO FOURTH FLOOR
EN G I M E E!? i Ti G 2 E PAR f kl ENT SAN DIEGO. CALIFORNIA 92103
TELEPHONE (619) 297-3170
TELECOPIER (619) 2994268
RICHARD R. FREELAND
STEVEN A. MCKINLEY
ARNOLD NEVES. JR.
C. LARRY DAWS
RANDALL C. STERLING IN REPLY
WILLIAM J. HEALY REFER TO:
GARY L. SIROTA February 2, 1990
Mr. Lloyd Hubbs
Engineering Department
275 Las Palmas Drive
Carlsbad, CA 92009
Re: City of Carlsbad v. DeLorm/Carlsbad Gateway
Dear Lloyd:
As we have previously discussed, one of the conditions of settlement of the above-captioned matter was that the City vacate that portion of Old El Camino Real in front of the DeLorm property. I have therefore enclosed the following documents:
1. A plat showing the area to be vacated;
2. A legal description of the area to be vacated;
3. A location map;
4. Traverse calculations of the area to be vacated; and
5. A title report of the area to be vacated.
Also enclosed is a check in the amount of $500.00 payable to City of Carlsbad for the street vacation processing fee. Please consider this letter a request to you to process this street vacation. The court has imposed a tight time-frame to satisfy the
conditions of the settlement, and I therefore request that you process this vacation as rapidly as possible. I will be following
up shortly with a similar request for a boundary adjustment, which is one of the other conditions of the settlement.
Please feel free to call should you have any questions.
Very truly you.rs, NY ichard R. Freeland
RRF/mad
Encs. EXHIBIT 2
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RESOLUTION NO. 90-133
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, SUMMARILY VACATING AN EASEMENT OVER A PORTION
OF EL CAMINO REAL SOUTHERLY OF THE INTERSECTION WITH COUGAR DRIVE
WHEREAS, a request has been made to vacate a portion of El
Camino Real southerly of the intersection with Cougar Drive;
and
WHEREAS, the center line of El Camino Real was realigned to
a position west of the original road alignment and,
WHEREAS, the realignment created a surplus area of right-
of-way along the easterly side of El Camino Real in excess of
that required pursuant to current or future needs and,
WHEREAS, all public road improvements have been made
adjacent to the excess right-of-way in conformance with City
standards and the requirements of the Growth Management
Program and,
WHEREAS, the vacation of this excess right-of-way will
facilitate settlement of the City of Carlsbad vs
DeLorm/Carlsbad Gateway condemnation suit and,
WHEREAS, the excess right-of-way provides no public purpose
or usable access to adjoining properties and,
WHEREAS, the excess right-of-way has not been maintained as
a public right-of-way for a period of five years or more;
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 an easement for all utility purposes is
excepted from this Vacation.
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3. That, pursuant to Chapter 1050 of the California
Street and Highways Code said excess right-of-way more
particularly described as Exhibit A, and shown for the sake of
clarity on Exhibit B, be summarily vacated.
4. The City Clerk is authorized to record this
resolution in the office of the County Recorder of San Diego
County.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 8th day of May 1
1990 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Mamaux and Larson
NOES: None
ABSENT: Council Member Pettine
ATTEST :
alZL/BQ&
ALETHA L. RAUTENKRANZ, City klerk
(SEAL)
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0 1-2 2-9 0 EXHIBIT A
LEGAL DESCRIPTION
EL CAMINO REAL V A C AT10 N
That portion of Lots B and F of the Rancho Agua Hedionda in the City of Carlsbad, County of San Diego, State of California, as shown on Map No. 823 in the office of the County Recorder of said County, described as follows:
Beginning at the Southeasterly terminus of that certain course shown as "N
21?32'35'' W 176.05 feet" on Record of Survey Map No. 10674 in the office of said County Recorder for a portion of the Southwesterly line of Parcel 1 as shown on Parcel Map No. 10060 in the office of said County Recorder, said terminus being also on a curve concave Southwesterly having a radius of 1863.00 feet, a radial line to said terminus bears North 57"44'56" East; thence North 21232'35" West
176.05 feet along said Southwesterly line to the most Westerly corner of said Parcel 1, said corner being also an angle point in the boundary of that certain
11.00 acre parcel of land shown on Record of Survey Map No. 10421 in the office of said County Recorder; thence continuing North 21032'35" West 180.83 feet along the most Southwesterly line of said 11.00 acre parcel to a line parallel with and Southeasterly 72.00 feet from the most Northwesterly line of said 11.00 acre parcel; thence South 5892'45" West 36.31 feet along said parallel line to the beginning of a tangent curve concave Southeasterly having a radius of 1164.00 feet; thence Southwesterly 33.84 feet along said curve through a central angle of
1?391561T to the beginning of a compound curve concave Easterly having a radius of 25.00 feet; thence Southerly 43.08 feet along said curve through a central angle of 98°44r0011 to the beginning of a reverse curve, said curve being the Northwesterly continuation of that certain curve described above as being 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 said Record of Survey Map No. 10674, a radial line to said curve bears North 47°48'49T1 East; thence Southeasterly 323.05 feet along said curve through a central angle of 9"561071T to the point of beginning.
Contains an area of 15,320 square feet, more or less.
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Y/C/#/,’Y MAP
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RLV/SED: 2-2/-90
In2 SKY PARK BOULEVARD EL CAMINO REAL
VA CAT1 ON
EXHIBIT B