HomeMy WebLinkAbout2004-12-14; City Council; 17926; Estrella De Mar RD & Corte Quinta Mar vacate/12'
JITG. 12/14/04
IEPT. ENG
CITY OF CARLSBAD - AGENDA BILL
ESTRELLA DE MAR ROAD AND
CORTE QUINTA MAR (STV 03-02)
CT 03-0 1 -0 1
17'926 TITLE: l- RESOLUTION TO VACATE A PORTION OF
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RECOMMENDED ACTION:
CITY ATTY.
CITY MGa
Adopt Resolution No. 2004-405
Mar.
vacating a portion of Estrella De Mar Road and Corte Quinta
ITEM EXPLANATION:
An application has been filed by La Costa Resort and Spa to vacate a portion of the Estrella De Mar
Road and Corte Quinta Mar right-of-way. On November 9, 2004, The City Council adopted
Resolution No. 2004-355, a Resolution of Intention to vacate a portion Estrella De Mar Road and
Corte Quinta Mar. The Resolution of Intention set December 14, 2004 at 6:00pm, as the time for
the public hearing to hear all persons interested in or objecting to the proposed vacation.
Utility Companies have been notified of the vacation. There are existing underground facilities
within the portion of roadway being vacated therefore a general utility and access easement over
Estrella De Mar Road is being reserved from the vacation.
FISCAL IMPACT:
Approval of this vacation will result in approximately .99 acres of land to be returned to the tax rolls.
The right-of-way was granted to the City for a no fee cost acquisition and the City will vacate the
right-of-way for a no fee cost return to the property owner. The owner has paid the standard fee for
processing this street vacation.
EXHIBITS:
1. Location Map.
2. Resolution No. 2OO4-405 vacating a portion of Estrella De Mar Road and Corte Quinta
Mar (STV 03-02) CT-03-01-01.
DEPARTMENT CONTACT: JOHN MAASHOFF, (760) 602-2747, jmaas@ci.carlsbad.ca.us
LOCATION MAP
PROJECT NAME STREET VACATION OF A PORTION OF ESTRELLA DE MAR AND CORE QUINTA MAR
. :
PROJECT EXHIBIT NUMBER 1 ~~~03-02
NOT TO SCALE
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RESOLUTION NO. 2004-405
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, VACATING A PORTION OF ESTRELLA DE MAR ROAD AND CORTE QUINTA MAR. (STV 03-02) CT-03-01-01.
WHEREAS, the City Council of the City of Carlsbad on November 9, 2004, did adopt
Resolution of Intention No. 2004-355 declaring their intention to vacate a portion of Estrella De
Mar Road and Corte Quinta Mar.
WHEREAS, the City Council did find in said Resolution that the proposed vacation was in
accordance with the Growth Management policies and consistent with the General Plan; and
WHEREAS, all publication and posting of notices regarding the proposed vacation of
portions of Estrella De Mar Road and Corte Quinta Mar, pursuant to said Resolution have been
given as required by law; and
WHEREAS, the City Council did hear the evidence offered by all persons interested in
said proposed vacation and does find, from all the evidence submitted, that the portion of Estrella
De Mar Road and Corte Quinta Mar proposed to be vacated are unnecessary for present or
prospective street purposes.
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 Division 9, Part 3, Chapter 3 of the California Streets and
Highways Code the portion of Estrella De Mar Road and Corte Quinta Mar as described in Exhibit
A and shown for the sake of clarity on Exhibit B are hereby vacated, closed up and abandoned for
public street purposes.
3. That a general utility and access easement and rights necessary to maintain,
operate, replace, remove or renew in-place public facilities are reserved and excepted from the
vacation; of Estrella De Mar Road.
Ill
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From the date the resolution is recorded in the County Recorder's Office, the area being vacated
no longer constitutes a street.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 14th day of December , 2004 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard.
NOES: None
ABSENT: None
ATTEST
-E MPOOD, City Clerk (SEAL)
I EXHIBIT "A" SHEET 1 OF 1 SHEETS
LEGAL DESCRIPTON
STREET VACATION STV 03-02
ESTRELLA DE MAR ROAD:
THAT PORTION OF ESTRELLA DE MAR ROAD AS SHOWN BY LA COSTA VALLEY UNIT No. 1, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF No. 5434, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 28, 1964,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 129 PER SAID MAP No. 5434; THENCE NORTH 8537'26" WEST, ALONG THE SOUTHERLY LINE OF SAID ESTRELLA DE MAR ROAD, 60.00 FEET, TO THE SOUTHWEST
CORNER OF SAID ROAD, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY
HAVING A RADIUS OF 3470.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 85'37'26" WEST; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID ROAD, AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6'00'57", AN ARC LENGTH OF 364.34 FEET, A RADIAL LINE THROUGH SAID POINT BEARS
NORTH 88'21'37" EAST; THENCE LEAVING SAID WESTERLY LINE OF SAID ROAD, NORTH 79'07'40" EAST,
60.77 FEET TO A POINT ON ThE EASTERLY LINE OF SAID ROAD AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 3530.00 FEET, A RADIAL LINE THROUGH SAID POINT
BEARS SOUTH 88'12'07" WEST; THENCE SOUTHERLY ALONG SAID EASTERLY LINE AND SAID CURVE THROUGH A
CENTRAL ANGLE OF 6'10'27, AN ARC LENGTH OF 380.39 FEET TO THE POINT OF BEGINNING.
AREA = 22,342 SQUARE FEET, MORE OR LESS.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
CORTE QUINTA MAR:
PALMAR COURT (NOW CALLED CORTE QUINTA MAR), AS SHOWN BY LA COSTA VALLEY UNIT No. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF No.
5434, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNN ON OCTOBER 28, 1964.
AREA = 20,804 SQUARE FEET, MORE OR LESS.
AS SHOWN ON EXHIBIT "B" AUACHED HERETO AND MADE A PART HEREOF.
PREPARED UNDER THE SUPERVISION OF
P.L.S. 6588 EXP. 12/3r/05
LS. 6588
EXD. 12-31-05
1 EXHIBIT "B" SHEET 1 OF 1 SHEETS
~ ~ ~
SN 03-02, MP03-02 78900 AVENUE 47, STE, 208 MDS CONSULTING
OF ESTRELLA DE MAR ROAD
APPLICANT PREPARED BY
KSL LA COSTA RESORT CORP. 2100 COSTA DEL MAR RD. CARLSBAD, CA 92009 LA QUINTA, CA 92253 (760) 438-91 11 (760) 771-4013
POSTING OF NOTICES OF STREET VACATION TO VACATE A PORTION OF
ESTRELLA DE MAR ROAD AND CORTE QUINTA MAR
FILE NO. STV 03-02.
I posted the required Notices in the manner required, along Estrella De Mar
Road south of Arena1 Road, and on Code Quinta Mar east of Estrella De Mar
Road.
I certify under penalty of perjury that the foregoing is true and correct.
NOTE:
This certification must be filed with the City Clerk.