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Home My WebLink About2006-06-06; City Council; 18583; Vacating Portion of San Elijo Road Detour10 CITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 18,583 6/06/06 ENG TITLE: SUMMARILY VACATING A PORTION OF THE SAN ELIJO ROAD DETOUR (STV 06-02) DEPT. HD. /<& CITY ATTY.CJ^-* CITY MGR. IP RECOMMENDED ACTION: Adopt Resolution No. 2006-141 summarily vacating a portion of the San Elijo Road detour. ITEM EXPLANATION: The applicant, Real Estate Collateral Management Company (RECMC), owner of the real property of CT 99-04 Phase 3 Villages of La Costa - La Costa Oaks North, has filed an application with the City to vacate a portion of the San Elijo Road detour. When the City undertook the construction of the new, realigned Rancho Santa Fe Road (RSF), the work also included the construction of a realignment of San Elijo Road. To facilitate its construction, RECMC dedicated to the City the right-of-way necessary for the use of a detour during construction. Construction of the realigned San Elijo Road has now been completed and traffic has been shifted from the detour alignment. Thus, the San Elijo Road detour is no longer needed. The San Elijo Road detour was dedicated specifically to serve as a temporary link to the new RSF alignment during construction of the permanent San Elijo Road. Because of construction phasing, portions of the detour right-of-way dedication overlay the RSF right-of-way. The vacation of the temporary detour area does not negate or override the dedication of the new RSF Road. ENVIRONMENTAL REVIEW: The activity is exempt per CEQA Section 15061 (b) 3. FISCAL IMPACT: This item has no fiscal impact to the City. The San Elijo Road detour easement was granted to the City at no cost. RECMC has paid the standard fee for processing this vacation. EXHIBITS: 1. Location Map. 2. Resolution No. 2006-141 summarily vacating a portion of the San Elijo Road detour. 3. Legal description and plat. DEPARTMENT CONTACT: Frank Jimeno, (760) 602-2758, fjime@ci.carlsbad.ca.us LOCATION MAP SITE NOT TO SCALE VICINITY MAP NOT TO SCALE PROJECT NAME STREET VACATION FOR LA COSTA OAKS NORTH PROJECT NUMBER STV06-002 EXHIBIT 1 DRAWN BY: SCOTT EVANS. CARLSBAD ENGINEERING DEPT. 5/24/06 C: \DEVELOPMENT PROJECTS\STV\STV06-002.DWG 1 RESOLUTION NO. 2006-141 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 PORTION OF THE SAN ELIJO ROAD DETOUR (STV 06-02). 4 WHEREAS, a request has been made to vacate a portion of the San Elijo Road 5 detour; and fi WHEREAS, the San Elijo Road detour was dedicated specifically to serve as a temporary 7 8 9 10 11 17 18 19 20 21 CARLSBAD, CALIFORNIA, SUMMARILY VACATING A link to the new Rancho Santa Fe Road alignment during construction of the permanent San Elijo Road; and WHEREAS, construction of San Elijo Road has resulted in traffic being shifted off the detour; and WHEREAS, the City Engineer has determined that the San Elijo Road detour is no longer I for its intended purpose; and WHEREAS, vacating the portion of the San Elijo Road detour is not intended to vacate the 13 easement for public street and public utility purposes granted to the City of Carlsbad per 14 document 2003-0995693 recorded August 15, 2003 at the County Recorder's Office of the County 15 of San Diego; and 1R WHEREAS, the proposed vacation is consistent with the General Plan of the City; and 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 pursuant to Division 9, Part 3, Chapter 4 of the California Street and Highways Code, said portion of San Elijo Road detour more particularly described in Exhibit A, and shown for the sake of clarity in Exhibit B, be summarily vacated. 3. The City Clerk is directed to record this resolution in the Office of the County 23 Recorder of San Diego County. 24 4. From the date the resolution is recorded in the County Recorder's office, the public 25 street and public utility easement granted August 19, 2002 as File No. 2002-0701675 recorded with the County Recorder of San Diego County is vacated. 27 28 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 6th day of June , 2006 by the following vote, to wit: AYES:Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None CbKu D ATTEST: LORRANE M. WOOD, City Clerk -J—I (SEAL) C.Xf -i i p EXHIBIT "A" LEGAL DESCRIPTION STV 06-002 BEING ALL OF THAT EASEMENT FOR THE PURPOSE OF PUBLIC STREET AND PUBLIC UTILITIES GRANTED TO THE CITY OF CARLBAD AS DESCRIBED IN DOCUMENT RECORDED AUGUST 19, 2002 AS FILE NO. 2002-0701675, OF OFFICIAL RECORDS, LYING WITHIN THE SUBDIVISION BOUNDARY OF THE CITY OF CARLSBAD TRACT 99-04- 03 VILLAGES OF LA COSTA-LA COSTA OAKS NORTH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15318, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 18, 2006. DAVID W. AMBLER L.S. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 1 OF 1 M:\2352\123\Legal descriptions\A-33 STVAC-2002-0701675.doc WO 2352-123 5/10/06 OF MARCOS PROJECT filTP \\ VICINITY MAP NOT TO SCALE HUNSAKER & ASSOCIATES SAM DIECO. INC PUNNING 10179 Huernekens Street ENONEBUNC San Diego. Ca Mttl SURVEYING PH(B58)5SW500- FX(858)55M414 K:\0491\*Uop\B> ST VAC (2002-0701575) SHT 01.dwgUqr-10-200&09.-Oa - W.O. 2352-12 SHEET 1 OF2 STREET VACATION PLAT - C/7Y OF CARLSBAD APPLICANT: REAL ESTATE COLLATERAL MANAGEMENT COMPANY 1903 WRIGHT PLACE S7E 180 CARLSBAD, CA 92003 760.929.2701 PREPARED BY: DAVID W. AMBLER LS. 7322 EXP. 12/31/07 PROJECT: CT 99-04-03 STV 06-002 A.P.N.: 223-011-02, 03, 07 223-032-01, 02 EXHIBIT "B" SAN ELI JO EXISTING PUBLIC STREET AND (JJlUTf EASEMENT GRANTED TO THE CfTY OF CARLSBAD BY DOCUMENT RECORDED 8-19-2002 AS FILE NO. 2002-0701675 OF O.K. JTY OF TRACT CARLSBAD 99-04-03 MAP NO, 15318 209 HUNSAKER & ASSOCIATES SAN D I E C ft INC GO8 3 PLANNING 10179 HuameJcens Street ENONERINC San Dicjo, Ca 9Z121 SUKVEYINC PH(8S8l5SW500- FX(8S8)S56-1414 K:\0491\tcUap\EP ST VAC (200Z-0701675) SHT 02.dwgU(y-10-2006:}03B - W.O. 2352-12 CD ^ O--'1 o ' CD O a CD z;< CD z; Z) CD O < CO L9 -> , CO_, o •^ 7- ,<^ oCD ^ z: ^<^O rr <cc O SHEET 2 OF 2 S77?EET MAG47/OA/ PM7 - C/7Y OF APPUCANT: ESTATE COLLATERAL MANAGEMENT COMPANY 1903 WRIGHT PLACE STE. CARLSBAD, CA 92008 760.929.2701 180 PREPARED BY:PROJECT: CT 99-04-03 S7V 06-002 A.P.N.: 223-011-02, 03. 07 223-032-01, 02 EXHIBIT "B] RECORDING REQUESTED BY: Carlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE City of Carlsbad Resolution No. 2006-141 June 6, 2006 AB 18,583 H:\County RecorderVRecorder Cover Sheet.doc TO of (Earlabab 1635 FARADAY AVENUE CARLSBAD, CALIFORNIA 92008 (760) 602-2720 PUBLIC WORKS - ENGINEERING "7,. ATTENTION WE ARE SENDING YOU D Attached n Under separate cover via D Shop drawings D Prints D Plans D Samples D .the following items: Specifications COPIES / Dated DATE NO.DESCRIPTION /?&5&/tf/?'i<VL M>- ££>£>&-/ & / t ^/sSs*&sl&fe':f*t~ ''X t/p^'&lf'f?''^-? '~-1 fi^ps r> "">i- J f- -4^-c^ _^V^%<*?< £Z-/'//C> /C-£*?{X •C^&'fiPisf's*' — J^'/r £s &~ £2t— ) S^-" THESE ARE TRANSMITTED as checked below: D For approval D For Checking D For your use D As requested D For review and comment \O For your action REMARKS D Resubmit.. copies for approval D Approved as submitted D Approved as noted D Returned for corrections D Design only, not for construction D Return corrected prints n COPY TO SIGNED: PrintoH nn rof\,r\t S DOC # 2006-0403093 RECORDED AT THE REQUEST OF CHICAGO TITLE COMBVNY SUBDIVISION DEPT. RECORDING REQUESTED BY: Carlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 JUN 07, 2006 2:22 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY..!. SMITH, COUNTY RECORDER FEES: 26.00 PAGES: 7 2006-0403093 en-SPACE ABOVE THIS LINE FOR RECORDER'S USE City of Carlsbad Resolution No. 2006-141 June 6. 2006 AB 18,583 :\County Recorder\Recorder Cover Sheet.doc 1 2 3 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 11578RESOLUTION NO. 2006-141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PORTION OF THE SAN ELIJO ROAD DETOUR (STV 06-02). 4 WHEREAS, a request has been made to vacate a portion of the San Elijo Road 5 detour; and WHEREAS, the San Elijo Road detour was dedicated specifically to serve as a temporary link to the new Rancho Santa Fe Road alignment during construction of the permanent San Elijo Road; and WHEREAS, construction of San Elijo Road has resulted in traffic being shifted off the detour; and WHEREAS, the City Engineer has determined that the San Elijo Road detour is no longer needed for its intended purpose; and WHEREAS, vacating the portion of the San Elijo Road detour is not intended to vacate the easement for public street and public utility purposes granted to the City of Carlsbad per document 2003-0995693 recorded August 15, 2003 at the County Recorder's Office of the County of San Diego; and WHEREAS, the proposed vacation is consistent with the General Plan of the City; and 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 pursuant to Division 9, Part 3, Chapter 4 of the California Street and Highways Code, said portion of San Elijo Road detour more particularly described in Exhibit A, and shown for the sake of clarity in Exhibit B, be summarily vacated. 3. The City Clerk is directed to record this resolution in the Office of the County23 Recorder of San Diego County. 24 4. From the date the resolution is recorded in the County Recorder's office, the public 25 street and public utility easement granted August 19, 2002 as File No. 2002-0701675 recorded 26 with the County Recorder of San Diego County is vacated. 27 28 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 11579 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 6th day of June , 2006 by the following vote, to wit: AYES:Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None / . /ABSENT: Notice /I /- \ CLKUD'E'A1:LEWlS, Maxtor/ ATTEST: / < LORRAINE M. WOOD, City Clerk y (SEAL) z o ;*;>-r;& ^ •" - ^M •O'SgBS 11580 EXHIBIT "A" LEGAL DESCRIPTION STV 06-002 BEING ALL OF THAT EASEMENT FOR THE PURPOSE OF PUBLIC STREET AND PUBLIC UTILITIES GRANTED TO THE CITY OF CARLBAD AS DESCRIBED IN DOCUMENT RECORDED AUGUST 19, 2002 AS FILE NO. 2002-0701675, OF OFFICIAL RECORDS, LYING WITHIN THE SUBDIVISION BOUNDARY OF THE CITY OF CARLSBAD TRACT 99-04- 03 VILLAGES OF LA COSTA-LA COSTA OAKS NORTH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15318, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 18, 2006. DAVID W. AMBLER L.S. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 1 OF 1 M:\2352\123\Legal descriptions\A-33 STVAC-2002-0701675.doc WO 2352-123 5/10/06 11581 OF MARCOS PROJECT SITE VICINITY MAP NOT TO SCALE HUNSAKER & ASSOCIATES SAN OIECO. INC PLANNING 10179 Huemdcem Street ENGINEERING San Diego, Ca 92121 SURVEYING PH(858)55W500- nC(858)53M414 R:\0491\Mlop\EP ST VAC (2002-0701875) SHT O1.drgll<y-10-200&09ti8 - W.O. 2352-12 SHEET 1 OF2 STREET VACATION PLAT - CITY OF CARLSBAD APPLICANT: U £SW7F COLLATERAL MANAGEMENT COMPANY 903 WRIGHT PLACE S7E 180 CARLSBAD, CA 92008 760.929.2701 DAVID W. AMBLER LS. 7322 EXP. 12/31/07 PROJECT: CT 99-04-03 STV 06-002 A.P.N.: 223-011-02, 03, 07 223-032-01. 02 EXHIBIT "B" SAN ELI JO RD. EXISTING PUBLIC STREET AND UTIUTY EASEMENT GRANTED TO THE CITY OF CARLSBAD BY DOCUMENT RECORDED 8-19-2002 AS FILE NO. 2002-0701675 OF O.K. CITY OF CARLSBAD TRACT 99-04-03 MAP NO, 15318 209 HUNSAKER & ASSOCIATES S » N DIEGO, INC PWNMNC 10179 HuemdcBS Street ENGWEBUNC San Dtejo, tj 9ZB1 SURVEYING PH(a58)5SW500- FX(8M)55M414 R:\0491\*Uap\O> ST VAC (2002-070}675) SHT 02.dwgUqy-10-200B:10^a - W.O. 2352-12 ^582 CD , o^ -> IQ-1 o-ru^ o -r1-1 > oCD ]^ z; <c CD *£ CD 9 cc jC! c°< co 19 ^ , CO < ~" OCD v^ z; CO o SHEET 2 OF 2 STREET WCKTKW PMT - CfJY OF CARLSBAD APPUCANT: REAL ESTATE COLLATERAL MANAGEMENT COMPANY 903 WRIGHT PLACE STE. CARLSBAD, CA 92008 760.929.2701 180 PREPARED BY:PROJECT: CT 99-04-03 STV 06-002 A.P.N.: 223-011-02, 03. 07 223-032-01, 02 EXHIBIT "B" 11583 STATE OF CALIFORNIA) COUNTY OF SAN DIEGO ) ss. I, Sheila R. Cobian, Deputy 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. 2006-141 SUMMARILY VACATING A PORTION OF THE SAN ELIJO ROAD DETOUR. STV 06-02 with the original now on file in the Office of the City Clerk of the City of Carlsbad: 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 6th day of June 2006. SHEILA R. COBIAN DEPUTY CITY CLERK (SEAL) , )