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HomeMy WebLinkAbout1990-08-21; City Council; 10773; VACATION OF A PORTION OF TERN PLACE AND STARLING COURT PR 6.101F CARLSBAD - AGEN VACATION OF A PORTION OF Adopt Resolution No.- summarily vacate a portion of Tern Place and Starling ITEM EXPLANATION: P&D Technologies has requested the vacation of portions of Tern Place and Starling Court. The portions requested to be vacated lie southwesterly of the proposed Alga Road extension, Within the Avaira Project. Tern Place and Starling Court are dedicated but as yet unconstructed. The applicant proposes to dedicate the realigned Tern Place and Starling Court by a Parcel Map, which is being processed as Minor Subdivision No. 839. If approved, the vacation would allow the Avaira Project developers to adjust lot lines and re-align Tern Place and Starling Court to achieve a better project design. This action meets the requirement of a summary vacation because the street has not been constructed. The proposed vacation is in substantial conformance with the tentative map and master plan for the Avaira Project. FISCAL IMPACT: 1. Vicinity Map. 2. Letter of Request. 0 3. D." Starling Court. 9 2 Resolution No. 90 --30 / to summarily vacate portions of Tern Place and M .. z 0 4 - G 6 z 3 0 0 _-------_ - ---.__ - ~ 7.- - -- - - -- BATIQUITOS 'LAGOON - - - _I.-__ -- TERN PLACE & STARLING COURT STREET VACATION 55, (E *SV cartpv**js @ H P8D Technologies Planning 401 W A Street Engineering Suite 2500 Transportat/on Environmental San Diego CA 92101 FAX 6191234-3022 Economics 6191232 4466 landscape Architecture An Employee-Owned Company Sherri Howard City of Carlsbad Engineering Department April 23,1990 2075 Las Palmas Drive Carlsbad, CA 92008 Re: Aviara unit 'A' To whom it may concern: This letter is to request a street vacation for a portion of Tern Place and Starling Court. The purpose of this vacation is to accommodate new engineering design criteria. If you have any questions concerning the above matter, feel free to call me. Dave Ambler P&D TECHNOLOGIES EXHIBIT 1 2 3 4 5 6 7 a 9 10 11 12 l3 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 0 e RESOLUTION NO. 9 0 - 3 0 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUMMARILY VACATING EASEMENTS OVER PORTIONS OF TERN PLACE AND STARLING COURT. WHEREAS, a request has been made to vacate portions of Tern Place and Starling Court, and WHEREAS, the easements previously dedicated contains no public facilities 01 appurtenances, and WHEREAS, the easements previously dedicated provide no useable access to the adjoining property, and; WHEREAS, the proposed easements to be vacated will be consistent with the circulation element of the General Plan upon the dedication of additional road easement: required pursuant to the conditions of approval for Minor Subdivision No. 839 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad California, as follows: 1. 2. That the above recitations are true and correct. That, pursuant to Chapter 1050 of the California Street and Highway Code, said easement, more particularly described in Exhibit A and shown for the sake o clarity on Exhibit B, be summarily vacated. /// /// /// /// -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 3. The City Clerk is authorized to record this resolution concurrently with o after the recordation of Minor Subdivision No. 839 in the office of the County Recorde of San Diego County. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Ciq Council held on the 21st day of August, 1990 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Mamaux and Pettir NOES: None ABSENT: None ATTEST: Ql-&&-AR- ALETHA L. RAUTENKRANZ, City Cle ’ (SEAL) -2- e du3,ll*SV TPVACl 4/20/90**(js) 0 LEGAL DESCRIPTION STREET VACATION TERN PLACE AND STARLING COURT Being a portion of Tern Place and Starling Court as shown and dedicated on City of Carlsbad Tract 85-35, Phase I Unit "At1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 12409 filed in the Office of the County Recorder of San Diego County June 29, 1989 as File No. 89-345850, being more particularly described as follows: PARCEL A - TERN PLACE BEGINNING at the Southeast corner of Lot 31 of said Map No. 12409 said corner being on the Westerly right of way line of said Tern Place: thence along said Westerly right of way line North 11"24'OOtt West, 17.72 feet, to the beginning of a tangent 328.00 foot radius curve concave to the East; thence Northerly along the arc of said curve through a central angle of 23°16'0011 a distance of 133.19 feet; thence North 11"52'0011 East, 345.71 feet, to the beginning of a tangent 172.00 foot radius curve concave to the West; thence Northerly along the arc of said curve through a central angle of 06"06'30t1 a distance of 18.34 feet, to the beginning of a compound 90.00 foot radius curve concave to the West, a radial line to said point bears South 84"14'30tt East; thence Northerly along the arc of said curve through a central angle of 21°01'5011 a distance of 33-03 feet, to a point of cusp with a 90.00 foot radius curve concave to the West, said point hereinafter referred to as Point I1Atl, a radial line to said point bears North 68"4O'32lt East: thence leaving said Westerly right of way line Southerly along the arc of said curve through a central angle of 18'28'2311 a distance of 29.02 feet, to the beginning of a compound 172.00 foot radius curve concave to the West, a radial line to said point bears North 87°08'551@ Xast: thence Southerly along the arc of said curve through a central angle of 14"43'05t1 a distance of 44.18 feet: thence South 11°520001t West, 341.67 feet, to the beginning of a tangent 328.00 foot radius curve concave to the East; thence Southerly along the arc of said curve through a central angle of 23°16'0011 a distance of 133.19 feet to the POINT OF BEGINNING. PARCEL B - TERN PLACE Commencing at the hereinabove described Point *IAV1 said point being on the Westerly right of way line of Tern Place said point also being on the arc of a 90.00 foot radius curve concave Westerly, a radial to said point bears North 74"43'40g1 East: thence Northerly along said Westerly right of way line and the arc of said curve through a central angle of 9'48'35" a distance of 15.41 feet; thence North 25°04'54t1 EXHIBI1 a m West, 50.00 feet to the beginning of a tangent 48,OO foot radius cune concave to the East: thence Northerly dlong th arc of said curve through a central angle of 36"1)8'241f c- distance of 30.28 feet to the TRUE POINT OF BEGINNING , F radial line to said point bears North 87'34'47lI West; thencl Easterly along the Westerly and Northerly right of way lint of said Tern Place and the arc of said 48.00 fooi radius curve through a central angle of 184"16'5OW a distanco of 154.38 feet; thence South 06°42'0311 West, 2.67 feet, to t point of cusp with a 48.00 foot radius curve concave to the South, a radial line to said point bears South 86"49'16r: East; thence leaving the Northerly right of way line of saic Tern Place Westerly along the arc of said curve through T central angle of 174°02'5211 a distance of 145.81 feet 'io thc TRUE POINT OF BEGINNING. PARCEL C - STARLING COURT Commencing at the Southeast corner of Lot 62 of said Map No, 12409 said point being on the Northerly right of way line o said Starling Court, said point also being on the arc of i7 48.00 foot radius cume concave to the South, a radial line to said point bears North 00°13'0.81' West: thence Easterly along said Northerly right of way line and the arc of saic' curve through a central angle of 15"10'1911 a distance 01 12.71 feet to the TRUE POINT OF BEGINNING, a radial line tc said point bears North 14'57'11f1 East; thence Southeasterly, Southerly and Southwesterly along the Easterly right of way line of said Starling Court and the arc of said 48.00 foor radius curve through a central angle of 183"27'49" a distance: of 153.70 feet: thence North 71"35'0011 West, 5.80 feet, to a point of cusp with a 48.00 foot radius curve concave to th. West; thence leaving said Southeasterly right of way line Northerly along the arc of said cume through a central angle of 176°32'1011 a distance of 147.89 feet to the TRUE POINT Ob BEGINNING. P&D Technologies Dale 43ikL~ A. Davis L.S.5894 d5qu License Expires 12/31/92 EXHIBIT CWVE TABLE Curve Delta Radius Arc Lengti C1 6'06'30; 172.00: 18.34 C2 21 'Of '50 90.00 33.03 C3 9O48'35'' 90.00; 25.41 C4 18'28~23" 90.00 29.02 C5 24'09,27" 90.00; 37.95 C6 14'43 05" 172.00 44.18 C7 36'08:24" 48.00' 30.28 C8 184'16 50" 48.00: 154.38 / C9 174°02'52" 48.00 145 81 SOIL€: ln=5O' TERN PLACE STREET VACANON PROJECT NAME : STARLING COURT STREET VACA NON PROJECT NO. EXHIBIT PR 6.101 B Lynn Clemens 925 ''3 Slrcct PO Box 1 I50 1 (800) IlIlCOR (619) 239 6001 Sciri iliclcjo (,dliforriia 971 17 -kOf T;+te TnsGrdfic? 1 20. \\ IJ 92s I3 s-f- ce P., t- .>sn \S\e,cj 0; c & 92\\;5 c S-qY - 6234 SATE JOB NO l\-Z6-40 -PI5 835 ATTENTION TOW VOTEL - T\TL~ ' PE oFFt(EL? - COPIES DATE 1 1 NO DESCRIPTION 5- ~E\G-\~AL MYLACS - PaKcEL MGP 839 __- .. 1 Iiesolution No. 90-301 (7 pages) to be recorded cc>ncur-mt~v wltf, Parcel. Hap IIS 839 --- -- . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - ------. ANDv*m crq oj= c,A2!s ,: .e,$ _- *--. 0 1749 pos C,&LfS t3 PJ & t /&jS 1,Zd C' AQl +j 4-d c+ ?A> 0 *y RESOLUTION NO. 90-133 I 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 cosition west of the oriqinal 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 t.o 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 beenmaintained 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 1750 e 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 Dieqo County. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 8th day of May 1990 by the following vote, to wit: 1 AYES: NOES: None ABSENT : Council Member Pet tine Council Members Lewis, Kulchin, Mamaux and Larson &lk LAUDE A. LEWIS, Mayor ATTEST: rn/PR&U ALETHA L. RAUTENKRANZ, City klerk (SEAL) 0 175 1 0 84136(A) EXHIBIT A 0 1-2 2-9 0 LEGAL DESCRIPTION EL CAMINO REAL VACATION 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 Zl"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 21"32'35" West 276.05 feet along said Southwesterly line to the most Westerly corner of said Parcei 1, said corner being aiso 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 21"32'35" 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 1039'56" 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°44f00r1 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 53.00 feet froz the centerline of EI Carnino Real as shown on said Record of Survey Map No. 10674, a radial line to said curve bears North 47°48*491t East; thence Southeasterly 323.05 feet along said curve through a central angle of 9°56t07t? to the point of beginning. Contains an area of 15,320 square feet, more or less. 0 1752 e Y/NN/,'Y MAP MU7 /v 50Lf R€ V/SED: 2 - 21- 90 Lo.,r<' .I I., ..e .I,., ..n .... ,"....0.. 1T?82 SKY PARK BOULEVARD EL CAMINO REAL IRVINE. CALIFORNIA 9m4 (nq 261-2222 VA CAT I 0 N EXHIBIT B e 1753 90 -2@ j 62 A'*', NO F _I_i STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO ) ss. . KUNDTZ, Assistant I. KAREN . . 7 .. .. ., (;it) (:lcrk of tltr (:it,. of (hrlsl)d, (;oiiitt). of Sun Ilicyq, Stat(, of (hlif'ori1i;i. Iicw4)>. c.c.1-tify tliat I Iiavtt coiiipiir(d tlir foregoing copy with tk origiital Resolut.ioni%90.-13.3 . pass(d arid ;iclol)tcd I)! said (:it!. (hiiiicil. at . ... a...regular.... . . .... tiier~ting tltcwof, at tlic tiiiir. arid I)y tliv votcb tli(w*iii stated. wIiicIi origirial Reso.1u.tio.n ........ ..... is tow on filv in iity olficc.: tlwt tlic. siiiite contains ii f~tll. trot. aiitl cwrrc'ct traiisc,ript tlicwhiti arid of tlw \vholr ttir.reof. \\:itiicw iit)' ItaiitI aii~ tit(. scba~ of saicl (;ity of (:arlsl)ad, tIiis . 14tMiiy of ..... ..MY., ___. 1.93.0 ...... .............. ...... [ SI<:\l, ) Y-Jfi.. tant ;it C er . . .. . . . .