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HomeMy WebLinkAbout2005-10-25; City Council; 18320; Palomar Point Way Dedication Public Street/Utility4B# 18,320 WTG. 10/25/05 I PR 04-1 10 IEPT. ENG CITY MGR. Iw - TITLE: APPROVE AND AUTHORIZE DEDICATION OF PALOMAR POINT WAY FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES CITY ATTY. RECOMMENDED ACTION: Adopt Resolution No. 2005-317 for public street and public utility purposes. to approve and authorize the dedication of Palomar Point Way ITEM EXPLANATION: On June 7, 2000, the Planning Commission adopted Resolution No. 4773 approving the Carlsbad Municipal Golf Course, CUP 97-07. Condition number 24 of the resolution of approval required an easement be granted to provide access to the undeveloped parcel currently known as the Palomar Pointe project, CT 04-06. On August 7, 2000, the City Council approved an agreement modifying condition 24 of Planning Commission Resolution 4773 such that dedication of a public street access easement would be granted from College Avenue in a location agreed upon by the City and owner of the Palomar Pointe project. On September 1, 2004, a tentative map for the Palomar Point project, CT 04-06, was approved by the Planning Commission Resolution No. 571 3. This tentative map showed the location of Palomar Point Way to College Avenue, per the City Council agreement. Portions of Palomar Point Way are over City owned property, lots 52,53 and 54 of Carlsbad Tract 81-46 Unit No. 3, Map 11289. The map for the Palomar Point project, CT 04-06, has been prepared, filed, and found acceptable to the City Engineer. In accordance with the project conditions, the map for CT 04-06 grants, to the public, those portions of Palomar Point Way within its boundaries. Prior to recordation of CT 04-06, the remaining portions of Palomar Point Way over City owned property need to be granted. Palomar Point Way is being constructed by the developer of CT 04-06 and will also serve as public access for future development of the adjoining property owned by the City. Staff has reviewed the attached easement document for the dedication of a portion of Palomar Point Way and recommends that the City Council approve the dedication for public street and public utility purposes. ENVIRONMENTAL REVIEW: The proposed project has been previously examined and evaluated pursuant to the California Environmental Quality Act (CEQA) in the Final Environmental Impact Report for the City of Carlsbad Municipal Golf Course EIR (EIR 97-01) certified June 7, 2000. EIR 97-01 evaluates the potential environmental effects of the development and operation of the “Carlsbad Municipal Golf Course” including the improvement of Palomar Point Way as a public street. The Planning Commission certified EIR 97-01 on June 7, 2000. At that time CEQA Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program were approved. All mitigation measures contained in the adopted Mitigation Monitoring and Reporting Program from EIR 97-01 applicable to the construction of the road have been completed. The proposed activity would have no effects beyond those analyzed in the EIR, as they are a part of the project analyzed earlier. This project is within the scope of Final EIR 97-01 and no further CEQA compliance is required. EIR 97-01 is available at the Planning Department Page 2 FISCAL IMPACT: There are no anticipated fiscal impacts with granting this easement. EXHIBITS: 1. Resolution No. 2005317 to approve and authorize the dedication of Palomar Point Way for public street and public utility purposes. 2. Location Map. 3. Grant deed of Palomar Point Way. DEPARTMENT CONTACT: Bob Wojcik (760) 602-2733, bwojc@ci.carlsbad.ca.us 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 RESOLUTION NO. 2005317 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO APPROVE AND AUTHORIZE THE DEDICATION OF PALOMAR POINT WAY FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES PR 04-1 10. WHEREAS, on June 7, 2000, the Planning Commission adopted Resolution No. 4773 approving the Carlsbad Municipal Golf Course, CUP 97-07; and WHEREAS, condition number 24 of said resolution required an easement be granted to irovide access to the undeveloped parcel currently known as the Palomar Pointe project, CT 04- 16; and WHEREAS, on August 7,2000, the City Council approved an agreement modifying :ondition 24 of Planning Commission Resolution 4773 such that dedication of a public ;treet access easement would be granted from College Avenue in a location agreed Jpon by the City and owner of the Palomar Pointe project; and WHEREAS, on September 1, 2004, a tentative map for the Palomar Point project, CT 14-06, was approved by the Planning Commission Resolution No. 571 3 showing said agreed Jpon location of Palomar Point Way; and WHEREAS, portions of Palomar Point Way are over City owned property, lots 52, 53 and 54 of Carlsbad Tract 81-46 Unit No. 3, Map 11289; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public nterest to grant this easement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, Zalifornia, as follows: 1. That the above recitations are true and correct. 2. That the Mayor is authorized to execute the grant deed, which is on file with the City Clerk and is incorporated by this reference. 3 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. That the City Clerk is hereby authorized to cause the original grant deed to be recorded in the Office of the County Recorder of San Diego County, State of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 25th day of October , 2005 by the following vote, to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: Non ATTEST (SEAL) LO CAT1 0 N PROJECT NAME PAL 0 MAR POlN TE WA Y D EDlCA TlON MAP PROJECT EXHIBIT NUMBER PRO4-1 IO 2 RECORDING REQUESTED BY: City Clerk CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT SPACE ABOVE THIS LINE FOR RECORDERS USE The undersigned grantor@) declare(s): Assessor’s Parcel No.: 212-081-03-00 Documentary transfer tax is $O.tJQ 4#V ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad, and Project No. & Name: Palomar Point Way PR 04-110 ~ ~__~ GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Carlsbad, a Municipal Corporation hereby GRANTS to THE PUBLIC the followin described real rope in the Ci of Carlsbad County PURPOSEtover, under upon and across said real pro e as described in Exhibit “A consisting of one (1) page, attached hereto and made a part hereof Txhibit “6” consisting of one (1) pages is of San Die 0, State of California: an EASAENT FOR PUbLIC 3TREET A t;G D PUBLIC LJTILITY attached for clarity only. STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 before me, Name: Claude A. Lewis 0 5 3, krd. c\n.+or~ Pf&w c---- (Type or Print) ab, do OS - . (J (here insert name and title bf the officdr), personally appeared b?LtE 5 I personally known to me (w ) to be the person(@ whose name(@ i pz subscribed to the within instrument and knowledged cy executed the s e iGe4ir authorized capacity(ies,), and that by&th& signature(@ on the instrument the persono, or the entity upon behalf of which the person(@ acted, executed the instrument. . Title: Mayor, City of Carlsbad (Type or Print) WITNESS%= Signature: H:\Development Services\PROJECTS\CT FILES\CT 0446 Palamar Poine - Hyatt\GRANT DEED OF EASEMENT CITY STREET.doc 6 EXHIBIT ”A” LEGAL DESCRIPTION PUBLIC ROAD & UTILITY EASEMENT (PR 04-110) PORTIONS OF LOTS 52, 53 AND 54 OF CARLSBAD TRACT NO. 81-46, UNIT NO. 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11289, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 16, 1985, AND PORTION OF SWIFT PLACE AS DEDICATED ON SAID MAP NO. 11289 ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 54, BEING ON A 1051.00 FOOT CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 33O24‘38” EAST; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID MAP MO. 11289 SOUTH 50028’42’’ EAST, 739.63 FEET TO A POINT ON THE NORTHEASTERLY LINE OF LOT 52 OF SAID MAP NO. 11289; THENCE LEAVING SAID LINE NORTH 63015‘53“ WEST, 258.98 FEET TO THE BEGINNING OF A TANGENT 330.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12047’11”, AN ARC LENGTH OF 73.64 FEET; THENCE TANGENT TO SAID CURVE NORTH 50028’42” WEST, 274.41 FEET TO THE BEGINNING OF A TANGENT 186.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13049’48”, AN ARC LENGTH OF 44.90 FEET; THENCE TANGENT TO SAID CURVE NORTH 36038’54” WEST, 81.98 FEET TO THE BEGINNING OF A TANGENT 30.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 84050’56“, AN ARC LENGTH OF 44.43 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 54; THENCE NORTH 58030‘10” EAST, 28.03 FEET TO THE BEGINNING OF A TANGENT 1051.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01054’48”, AN ARC LENGTH OF 35.10 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINS 37,591 SQUARE FEET / 0.863 ACRES MORE OR LESS. VICINITY MAP NOT TO SCALE // 1 DEDICATION PLAT PALOMAR POINT WAY OF A PORTION OF LOT 54, 56, 52 AS SHOWN ON CT 81-46, MAP 11289 PR 04-110 8