HomeMy WebLinkAbout2005-11-08; City Council; 18334; Vacate Portion of Sapphire DriveCITY OF CARLSBAD -AGENDA BILL /yw&$-
4B# 18,334 TITLE:
MTG. 1 1/8/05
DEPT. ENG CITY MGR.
VACATE A PORTION OF SAPPHIRE DRIVE
STV 05-02 (CT 02-07)
RECOMMENDED ACTION:
Adopt Resolution No. 2005-328 to vacate a portion of Sapphire Drive.
ITEM EXPLANATION:
Saddleview, LLC, owner of the real property shown on the tentative map for CT 02-07, has filed an
application to vacate a portion of Sapphire Drive.
On June 16, 2004, Planning Commission adopted Resolution No. 5647 approving a tentative map
for Emerald Point Estates, CT 02-07. This tentative map was approved showing the realignment of
Sapphire Drive and the Developer was conditioned to process a street vacation.
On October 4, 2005, City Council adopted Resolution No. 2005-298 declaring the intention to vacate a portion of Sapphire Drive. This public hearing is set forth to hear all persons interested in or objecting to the proposed vacation.
In conformance with the approved tentative map, the developer has completed the final map
processing with the City. New right-of-way for the realigned portion of Sapphire Drive will be
dedicated as part of the final map for CT 02-07.Upon vacating this portion of Sapphire Drive, staff
will process the final map for CT 02-07 for recordation.
Staff has concluded this portion of Sapphire Drive is not required for present or future street purposes. The vacation would not affect vehicular or non-motorized traffic circulation or the availability of street parking.
Utility Companies have been notified of the proposed vacation. No objections have been received,
with the exception of SBC requesting the City reserve an easement for utility purposes.
ENVIRONMENTAL REVIEW:
The activity is exempt per CEQA Section 15061 (b) 3.
FISCAL IMPACT:
Approval of this vacation will result in 0.076 acres of land to be returned to the tax rolls.
EXHIBITS:
1. Location Maps.
2. Resolution No. 2005-328 to vacate a portion of Sapphire Drive.
DEPARTMENT CONTACT: Jeremy Riddle, (760) 602-2737, jridd@ci.carlsbad.ca.us
LEGENZ)
pb ob INDK;4TES POINT OF BEGINNING
\ ( ) INDICAES RECORD LMTA PER W NO. 13428
tNDK;4TES PORZ'ON OF pa WPHIIRE DRNE TO BE VAC47E.D ARE4 - 0.076 ACRE
"SAKER 6r ASSOCIATES
$AN DlLGQ IWC
"&wG lDu9HmLD-
SRwtw rHmb.-m--rn
k - Sm-clQm
SHEETlOF 2 R:\OGoB\&W\ VP Sapphie Drive SHT Ol.DwG[ O&g- 16-2005:15:37
VAcATK)N HAT - CrrY OF MEW
AP.N.:
VICINITY MAP
NE
APPUCAM: PREPARED By: PROJECT: A.P.N.:
I lR4CT NO. 02-07
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. 2005328
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO VACATE A PORTION OF
SAPPHIRE DRIVE.
WHEREAS, Saddleview, LLC, a Delaware Limited Liability Company has submitted an
application to vacate a portion of Sapphire Drive; and
WHEREAS, the Planning Commission did on June 16, 2004, adopt Resolution No. 5647
approving a tentative map, CT 02-07, for the Emerald Point Estates project; and
WHEREAS, the tentative map of Carlsbad Tract CT 02-07 contemplated the vacation of a
portion of Sapphire Drive; and
WHEREAS, on October 4, 2005 City Council approved Resolution no. 2005-298
declaring the intention to vacate a portion of Sapphire Drive and setting a public hearing for
November 8,2005; and
WHEREAS, a final map for CT 02-07 providing the realigned right-of-way Sapphire Drive
is currently approved by the City Engineer; and
WHEREAS, with Sapphire Drive realigned as part of CT 02-07, the excess right-of-way
along Sapphire Drive provides no public purpose and would not be useful as a non-motorized
transportation facility, therefore, the City Engineer has determined this portion of Sapphire Drive is
not needed for present or future street purposes and; and
WHEREAS, the proposed vacation is in accordance with the Growth Management Policies
and is consistent with the General Plan of the City; and
WHEREAS, all publication and posting of notices regarding the proposed vacation of
Sapphire Drive have been performed as required by law; and
WHEREAS, the City received one letter among the utility companies noticed whereby SBC
is requesting an easement be reserved over that portion of Sapphire Drive being vacated; and
WHEREAS, the City Council did hear the evidence offered by all persons interested in
said vacation and does hereby find that this portion of Sapphire Drive is 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. That the above recitations are true and correct.
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
2. That, pursuant to Division 9, Part 3, Chapter 3 of the California Street and
Highways Code, that portion of Sapphire Drive, as described in Exhibit A and shown for the sake
of clarity on Exhibit B, is hereby vacated, closed up, and abandoned for public street purposes.
3.
4. That the City Clerk is directed to record this resolution, the attached legal
That an easement for public utility purposes is hereby reserved from the vacation.
description and plat 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 November , 2005 by the following vote, to wit:
AYES: Council Ifembers Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: No
ATTEST
(SEAL)
8
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PORTION OF SAPPHIRE DRIVE AS SHOWN AND DEDICATED TO PUBLIC USE ON
CITY OF CARLSBAD TRACT 84-32 (A) UNIT NO. 1 (COBBLESTONE SEA VILLAGE), IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 13428, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, JUNE 3,1997, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION WITH THE NORTHERLY RIGHT OF WAY LINE OF
SAID SAPPHIRE DRIVE AND THE WESTERLY BOUNDARY OF SAID MAP NO. 13428, SAID
POINT BEING ON THE ARC OF A 330.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY,
A RADIAL LINE TO SAID POINT BEARS NORTH 13"07'44" WEST (N13'41'59W PER MAP
NO. 13428); THENCE EASTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE AND
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39"28'13", A DISTANCE OF
227.33 FEET (39"27'59", 227.31' PER MAP NO. 13428); THENCE CONTINUING ALONG SAID
NORTHERLY RIGHT OF WAY LINE SOUTH 63'39'31" EAST (S64'14'00"E PER MAP NO.
13428), 72.08 FEET TO THE BEGlNNlNG OF A 90.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT OF WAY'
LINE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH THE CENTRAL
ANGLE OF 07'04'37" (07"04'38" PER MAP NO. 13428), A DISTANCE OF 11.12 FEET;
70'44'08" WEST, 32.47 FEET TO THE BEGINNING OF A 90.00 FOOT RADIUS CURVE
THENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINE NON-TANGENT NORTH
CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 07"04'37, A DISTANCE OF 11.12 FEET;
THENCE NORTH 63"39'31" WEST, 37.58 FEET TO THE BEGINNING OF A 228.00 FOOT
RADIUS CURVE, CONCAVE SOUTHERLY; THENCE WESTERLY ALONG ME ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 43"26'49", A DISTANCE OF 172.89 FEET;
BOUNDARY OF SAID MAP NO. 13428; THENCE ALONG SAID WESTERLY BOUNDARY
NORTH 45'00'30" WEST (N45'35'07" W PER MAP NO. 13428), 35.79 FEET TO THE POINT
OF BEGINNING.
*
THENCE SOUTH 72'53'40" WEST, 29.42 FEET TO A POINT ON SAID WESTERLY
PAGE 1 OF 2 :UM.\2339\01S!LegalDasdptionsMOl SapphireDrhroVaeption.doc wo2339-18 at171D5
6
4
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.076 ACRE MORE OR
LESS.
DAVID W. AMBLER ' Ld7322
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 2 OF 2 :U MU3391018lLegal DaSaiptknsMOl Sapphire Drive Vacation.dac WO 2339-18 W17m
VICINITY MAP
NE
UGEND
I p. 0. B. INDICATES POINT OF BEGINNING
INDICATES RECORD DATA PER ( ) MAP NO. 13428
INDICATES PORllON OF WPHIRE DRIVE TO BE VACATED
ARB - 0.076 ACRE I
"SAKER
&L ASSOCIATES
SAM OIEGO, INC
PUNNMC 1017pHuan&mSlTeet - ~~*~rnrn E"m SMWQrn
SHEET 1 OF 2 R: \ 0608\ &MP \ VP Sapphire Drive SHT 0 1, D WG[ OBug - 1 6-2005: 15:37
VACATION PUT - CIW OF W?lSW
!WnwG l0m-w - mbsr0swoo.ms€b%m
- Lnok+)Q9zm
sQT20F 2 ? \ 06O8\&W\ YP Sopphm Drive SHT 02.DW[OPog- 16-2005: 16:4 1
VAC" RAT - CrrY OF CIWLSEW)
PPUW PREPARED By: PROJECT: AP.N.:
TRACT NO. 02-07 IRI T
DOC # 2005-1 001 1 16
RECORDING REQUESTED BY:
Carlsbad City Clerk's Office
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
I llll1111 Ill 11111 11111 111ll1111111111111ll Ill11 11111 11111 111ll11111111
NOV 18,2005 8:48 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, CUUNTY RECORDER
FEES: 0.00 PAGES: 8
I111111 1111 1111 11111 11111 1111 Ill11 Ulll MI11 lllll Ill11 1111 Ill11 Ill11 111 1111
SPACE ABOVE THIS LINE FOR RECORDER'S USE
City of Carlsbad
Resolution No. 2005-328
November 8,2005
County Recorderbtecorder Cover Sheet.doc
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. 2005-328
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO VACATE A PORTION OF
SAPPHIRE DRIVE.
WHEREAS, Saddleview, LLC, a Delaware Limited Liability Company has submitted an
application to vacate a portion of Sapphire Drive; and
WHEREAS, the Planning Commission did on June 16, 2004, adopt Resolution No. 5647
approving a tentative map, CT 02-07, for the Emerald Point Estates project; and
WHEREAS, the tentative map of Carlsbad Tract CT 02-07 contemplated the vacation of a
portion of Sapphire Drive; and
WHEREAS, on October 4, 2005 City Council approved Resolution no. 2005-298
declaring the intention to vacate a portion of Sapphire Drive and setting a public hearing for
November 8, 2005; and
WHEREAS, a final map for CT 02-07 providing the realigned right-of-way Sapphire Drive
is currently approved by the City Engineer; and
WHEREAS, with Sapphire Drive realigned as part of CT 02-07, the excess right-of-way
along Sapphire Drive provides no public purpose and would not be useful as a non-motorized
transportation facility, therefore, the City Engineer has determined this portion of Sapphire Drive is
not needed for present or future street purposes and; and
WHEREAS, the proposed vacation is in accordance with the Growth Management Policies
and is consistent with the General Plan of the City; and
WHEREAS, all publication and posting of notices regarding the proposed vacation of
Sapphire Drive have been performed as required by law; and
WHEREAS, the City received one letter among the utility companies noticed whereby SBC
is requesting an easement be reserved over that portion of Sapphire Drive being vacated; and
WHEREAS, the City Council did hear the evidence offered by all persons interested in
said vacation and does hereby find that this portion of Sapphire Drive is 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. That the above recitations are true and correct.
4
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
2. That, pursuant to Division 9, Part 3, Chapter 3 of the California Street and
Highways Code, that portion of Sapphire Drive, as described in Exhibit A and shown for the sake
of clarity on Exhibit 6, is hereby vacated, closed up, and abandoned for public street purposes.
3.
4.
That an easement for public utility purposes is hereby reserved from the vacation.
That the City Clerk is directed to record this resolution, the attached legal
description and plat 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 November , 2005 by the following vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: No
4TTEST
EXHIBIT "A"
LEGAL DESCRlPTlON
THAT PORTION OF SAPPHIRE DRIVE AS SHOWN AND DEDICATED TO PUBLIC USE ON
CITY OF CARLSBAD TRACT 84-32 (A) UNIT NO. 1 (COBBLESTONE SEA VILLAGE), IN THE
CIN OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 13428, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, JUNE 3,1997, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT ME INTERSECTION WITH THE NORTHERLY RIGHT OF WAY LINE OF
SAID SAPPHIRE DRIVE AND THE WESTERLY BOUNDARY OF SAlD MAP NO. 13428, SAID
POINT BEING ON THE ARC OF A 330.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY,
A RADIAL LINE TO SAID POINT BEARS NORTH 13'07'44" WEST (N13'41'59W PER MAP
NO. 13428); THENCE EASTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE AND
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39'28'13", A DISTANCE OF
227.33 FEET (39"27'59", 227.31' PER MAP NO. 13428); THENCE CONTINUING ALONG SAID
NORTHERLY RIGHT OF WAY LINE SOUTH 63"3931" EAST (S64'14'00"E PER MAP NO.
13428), 72.08 FEET TO THE BEGINNING OF A 90.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT OF WAY
LINE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH THE CENTRAL
ANGLE OF 07"04'37" (07'04'38" PER MAP NO. 13428)' A DISTANCE OF 11.12 FEET;
THENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINE NON-TANGENT NORTH
70'44'08' WEST, 32.47 FEET TO THE BEGINNING OF A 90.00 FOOT RADIUS CURVE
CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAlD
CURVE THROUGH A CENTRAL ANGLE OF 07V4'37, A DISTANCE OF 11.12 FEET;
THENCE NORTH 63'39'31' WEST, 37.58 FEET TO THE BEGINNING OF A 228.00 FOOT
RADIUS CURVE, CONCAVE SOUTHERLY; THENCE WESTERLY ALONG ME ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 43"26'49', A DISTANCE OF 172.89 FEET;
BOUNDARY OF SAID MAP NO. 13428; THENCE ALONG SAID WESTERLY BOUNDARY
NORTH 45"0030" WEST (N45'35'07" W PER MAP NO. 13428), 35.79 FEET TO THE POINT
OF BEGINNING.
THENCE SOUTH 72'53'40' WEST, 29.42 FEET TO A POINT ON SAID WESTERLY
PAGE 1 OF 2 :u M'U339a01-d ~Onr\AOl sapphh m v.cotbn.doc WO2339-18 8/17105
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.076 ACRE MORE OR
LESS.
PAGE 2 OF 2 :U M:\2339U)lB\lm0al DeauiphnsWl Sapphim Drhra V-doc WO233B-18 8/17/05
‘I
VICINITY MAP
mGEND
p. 0. Be INDICATES POINT OF BEGINNING
INDICA TES RECORD DATA PER ( W NO. 13428
wym INDICATES POR7lON OF [//A WPHIRE DRE TO BE VACATED ARGI - 0.076 ACRE
NTS
PPUCANT: PREPARED By: PROJECT: AP.N.:
TRACTNO. 02-07 IT
a
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
I, Karen R. Kundtz, Assistant City Clerk of the City of Carlsbad, County of San
Diego, State of California, hereby certify that I have compared the foregoing copy with
the original RESOLUTION NO. 2005-328 VACATING A PORTION OF SAPPHIRE
DRIVE, with the original now on file in the Office of the City Clerk of the City of
Carlsbad; and that the same contains a full, true and correct transcript therefrom and of
the whole thereof.
Witness my hand and the seal of said City of Carlsbad, this 17th day of
November, 2005.
(SEAL)
PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of eighteen
years and not a party to or interested in the above-
entitled matter. I am the principal clerk of the
printer of
North County Times
Formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudicated newspapers of general circulation by
the Superior Court of the County of San Diego,
State of California, for the City of Oceanside and
the City of Escondido, Court Decree number
171349, for the County of San Diego, that the
notice of which the annexed is a printed copy (set
in type not smaller than nonpariel), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
October 2Sth, 2005
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at SAN MARCOS California
This 2gth Day of October, 2005
This space is for the County Clerk's Filing Stamp
Proof of Publication of
I NOTI E IS HEREBY GIVEN that the C Council of the tiy of Cadsbad did on 4":"' 4, &,ass a Resolution of Intention to vaca e c ose up an aban don ortions of p@ nv . The orfion of said streef prop+ &e vaca~closdup and aban- doned IS escnbed as follows: I
I
IDAED I City Clerk Ci 'of Carlsbad N& 1861645 -October 28,2005
Signature
NORTH COUNTY TIMES
Legal Advertising
(d Jane Allshouse
NOTICE OF
STREET VACATION
NOTICE OF PROPOSED VACATION, CLOSING UP, AND
ABANDONMENT OF A PORTION OF SAPPHIRE DRIVE
NOTICE IS HEREBY GIVEN that the City Council of the City of
Carlsbad did on October 4, 2005, pass a Resolution of Intention to vacate, close
up, and abandon portions of -hire Drive. The portion of said street proposed
to be vacated, closed up and abandoned is described as follows:
A portion of Sapphire Drive, west of Cobblestone Drive, as shown and
dedicated to public use on City of Carlsbad Tract 84-32 (A) Unit No. 1
(Cobblestone Sea Village), in the City of Carlsbad, County of San Diego,
State of California, according to map thereof No. 13428, filed in the office
of the County Recorder of San Diego county, June 3, 1997.
REFERENCE IS HEREBY MADE to a map showing the portions of
said streets proposed to be abandoned for particulars and details. Said map is
on file in the office of the City Clerk of the City of Carlsbad.
NOTICE IS FURTHER GIVEN HEREBY that the City Council of the
City of Carlsbad has set November 8. 2005, at the hour of 6:OO p.m., as the time
and the Council Chambers of the City Council of the City of Carlsbad as the
place for the hearing of all persons interested in or objecting to the proposed
vacation of said portions of said streets, and the said City Council at the said
time and place will hear the evidence offered by any person interested in the
vacation of said portions of said streets heretofore described.
DATED: October 6,2005
City Clerk
City of Carlsbad
POSTING OF NOTICES OF STREET VACATION TO VACATE A PORTION OF
SAPPHIRE DRIVE FILE STV 05-02 (CT 02-07).
I posted the required Notices in the manner required, along intermittently along
Sapphire Drive west of Cobblestone Drive and at the intersection of Cobblestone
Drive and Sapphire Drive.
I certify under penalty of perjury that the foregoing is true and correct.
This certification must be filed with the City Clerk.
* Date Signe