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
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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
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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.
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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
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