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HomeMy WebLinkAbout2007-03-13; City Council; 18928; Cantarini Development partial street vacationCITY OF CARLSBAD - AGENDA BILL AB# 18,928 MTG. 3/13/07 DEPT. ENG SUMMARILY VACATING A PORTION OF COLLEGE BOULEVARD OVER A PORTION OF APN: 209-060-60 FOR THE CANTARINI DEVELOPMENT STV 06-05 taw — -7 — 'is DEPT. HEAD ^-f^f CITY ATTY. £^$2 CITY MGR .~T^T^> RECOMMENDED ACTION: Adopt Resolution No. 2007-053 summarily vacating a portion of College Boulevard over a portion of APN: 209-060-60 for the Cantarini Development, STV 06-05. ITEM EXPLANATION: On February 4, 1998, an easement for a portion of the future College Boulevard extension was acquired per document 1998-0055998 (1998 easement). In conjunction with the adjustment plat (ADJ 00-18) for the Cantarini/Holly Springs Development (CT 00-18/CT 00-21), the right-of-way for College Boulevard is being dedicated along the current alignment of the proposed road extension. The 1998 easement does not match the current design alignment of College Boulevard extension per CT 00-18. To address this, the applicant has executed new (replacement) right-of-way dedication documents for College Boulevard that matches the current alignment (see Exhibit 2). Since the 1998 easement is being replaced by new right-of-way, the 1998 easement can be vacated in accordance with Section 8330 and 8333 of the California Streets and Highways Code. The property owner, Rancho Carlsbad Partners, a California partnership, is requesting the City vacate the 1998 easement. Since staff has the replacement easement dedication documents for College Boulevard, the City Engineer has determined that the City no longer needs the 1998 easement for the purpose it was needed, nor will it be needed in the future. All City departments having an interest in said easement have been informed of the requested vacation and no departments object to this action. In accordance with the California Streets and Highways Code, staff is recommending that the Council approve this vacation requested by Rancho Carlsbad Partners, a California partnership. ENVIRONMENTAL IMPACT: This activity is exempt from California Environmental Quality Act (CEQA) review per CEQA Section 15061(b)3. FISCAL IMPACT: No fiscal impact is anticipated with this action. The easement was granted to the City for a no fee cost acquisition and the City will vacate the easement for a no fee cost return to the property owner. The owner has paid the standard fee for processing the vacation of this service easement. EXHIBITS: 1. 2. 3. Location Map. Replacement right-of-way dedication for College Boulevard. 2007-053 summarily vacating a portion of College Boulevard over aResolution No. portion of APN: 209-060-60 for the Cantarini Development, STV 06-05. DEPARTMENT CONTACT: Jeremy Riddle (760) 602-2737 iridd@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION:APPROVED DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D LOCATION MAP S/7E LU Q c/5 oO VICINITY MAP NOT TO SCALE NOT" 70 SCALE PROJECT NAME COLLEGE BOULEVARD STREET VACATION PROJECT NUMBER STV06-05 EXHIBIT 1 DRAW BY: SCOTT EVANS. CARLSBAD ENGINEERING DEPT. 2/16/07 C: \DEVELOPMENT PROJECTS\STV\STW6-05.DWG BCA1 RECORDING REQUESTED BY: 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 RECORDER'S USE The undersigned grantor(s) declare(s): Documentary transfer tax is $0.00 ( ) 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 Assessor's Parcel No.: Project No. & Name: PR06-112-Cantarini 209-060-60-00 209-070-01-00 CTOO-18 GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The Bentley-Monarch Joint Venture, David M. Bentely, Joint Venturer/Managing Partner and Maggie R.Bentley, Joint Venturer hereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real property in the City of Carlsbad, County of San Diego, State of California: an easement for PUBLIC STREET AND PUBLIC UTILITY PURPOSES over, under, upon and across said real property as described in Exhibit "A" consisting of one (1) page, attached hereto and made a part hereof. Exhibit "B" consisting of one (1) page is attached for clarity only. DATED STATE OF CALIFORNIA COUNTY OF SAN DIEGO On The Bentley-Monarch Joint Venture (Name of Company) /-\ By: Name: i * r / w-^ ^ (Signature) David M. Bentley (here insert rraVne an personally appeared pei MJI wily Known lo tile (or proved to me on the basis i satisfactory evidence) to be the person(s) whose name(s) •is/are subscribed to the within instrument and acknowledged to me that ho/ohe/they executed the same in NatTST/their authorized capacity(ies), and that by tue#ieT7their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official-seal. Signature: (Type or Print) u i •"/T/1/ ! Title: MG *e C) /„. fi, C - iA/. / f^ Vh C/(T^(pe or Print) By: Name: Title: Signal! Maggie R. Bentley (TypeyOr Print) ""* I / &ln'f' V&i (Type or Print) H:\Development Seruices\PRO.IECTS\CT FILESVCT 00\CT 00-18 Canlarini Ranch - Riddle\Deeds-Easemenls\GRANT DEED OF EASEMENT CITY (PR 06-112J.doc REVISED 3/28/05 Exhibit 2 APN 1S8-050-61 PAHC£L D ADJ. PLAT *, 00-14 ^ LOT $ / MAP m 823 K'V> APN 209-0SO-80 SCALE: 1" = 300' £,=2219'27" PAnrei AR=205100 rAHUzL A =799.13' ADJ. PLAT 00-14 S89"2655"E 782.36' Lor B MAP NO, 823 PARCZL B ADJ, PLAT 00-14 R=2000.00' L=779.26' cm OF EMOWTU WCMTY.MAP MSOtlf POINT OF BEGINNING R=1451.00' L=551.68'R=1400.00' L=522.46' N81'34'45"W 51.97' SHEET 1 OF 1 SHEETS APN 209-070-01 S2415'35"E '249.01' LEGEND: P.O.B. T.P.O.B.TRUE POINT OF BEGINNING V///A STREET DEDICATION HEREON BASIS OF BEARINGS: EAST UNE OF RECORD OF SURVEY 17348, I.E. N20"20'08'E LEGAL DESCRIPTION: PORTION OF LOT B, MAP 823, RECORDED NOVEMBER 16, 1896. //2<//o? GEORGfl O'DAY /? / ' &C.E. 32014 EXP. 12/31/06 EXHIBIT B PR 06-112 APN 206-060-60, 209-070-01 CONSULT A"N T S 2710 Loker Ave. W. 760-931-7700 Suite 100 Fax: Carlsbad. CA 760-931-8680 92010 G:\031074\0374PDED02.dwg Jan 24, 2007 8:39am Xrefs: 0374mop RECORDING REQUESTED BY: 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 RECORDER'S USE The undersigned grantor(s) declare(s): Documentary transfer tax is $0.00 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. /"• /j^f' ( ) Unincorporated area: (x) City of Carlsbad, and ^ Assessor's Parcel No.: Project No. & Name: PR 06-113-Cantarini 209-060-60-00 CTOO-18 GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Rancho Carlsbad Partners, a California general partnership hereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real property in the City of Carlsbad, County of San Diego, State of California: an easement for PUBLIC STREET AND PUBLIC UTILITY PURPOSES over, under, upon and across said real property as described in Exhibit "A" consisting of one (1) page, attached hereto and made a part hereof. Exhibit "B" consisting of one (1) page is attached for clarity only. DATED STATE OF CALIFORNIA COUNTY OF SAN- Rancho Carlsbad Partners, a California general partnership (Name of Comj O before me, (here insert name and title of'the officer),-' personally appeared £cJ^t personally known to me (or proved to mo on the satisfactory evidence) to be the person^sfwhose i is/afe" subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/bee/their authorized capacity^es), and that by his/hefitheir signature(s)- on the instrument the person(a), or the entity upon behalf of which the persorj^facted, executed the instrument. WITNESS my temd and official seal. Signature: Name: Title: By: Name: Title: (Type or Print) (Type or Print) (Signature) (Type or Print) (Type or Print) H:\Development Services\PROJECTS\CT F1LES\CT 00\CT 00-18 Cantarini Ranch - Riddle\Deeds-Easements\GRANT DEED OF EASEMENT CITY (PR 06-113).doc REVISED 3C8/05 PARCEL D ADJ. PLAT 00-14 'LOT 'MAP NO, 823 APN 209-050-80 SCALE: 1" = 300' R=2000.00' L=779.26' (N89-26'21"W 782.54'' PER P.M. 17985) (N89-26'55"W 782.37' (<~PERR.O.S. 17348) S89-26'55"E 707.40' R=5551.00' L=6.70' LOT B MAP A/a 823 PARCEL 8 ADJ. PLAT 00-14 R=1949.00' L=759.39' APN 209-080-80VICINITY MAP MDSOtf N2415'35"W. 249.01' R=1400.00' L=522.46'R=1 349.00' L=493.23' N81'J4'45"W 52.05' SHEET 1 OF 1 SHEETSDEDICATION PAHC£L A ADJ. PLAT 00-14 S2415'35'E 249.01' LEGEND: P.O.B. T.P.O.B. POINT OF BEGINNING TRUE POINT OF BEGINNING STREET DEDICATION HEREON BASIS OF B&RINGS: EAST LINE OF RECORD OF SURVEY 17548, I.E. N20-20'08'E LEGAL DESCRIPTION: PORTION OF LOT B, MAP 823, RECORDED NOVEMBER 16, 1896. GEORGB ODAYJ / ^ R.C.E. 32014 EXP. f2/31/06 EXHIBIT "B PR 06-113 APN 206-060-60 2710 Loker Ave. W. 750-931-7700 Suite 100 Fax: Carlsbad, CA 760-931-8680 92010 q o-r G:\031074\0374PDED01.dwg Jan 24, 2007 8:44am Xrefs: 0374map RECORDING REQUESTED BY: 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 RECORDER'S USE The undersigned grantor(s) declare(s): Documentary transfer tax is $0.00 ( ) 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 Assessor's Parcel No.: Project No. & Name: PR06-114-Cantarini 168-050-51-00 209-060-60-00 CTOO-18 GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Holly Springs, LTD., a California limited partnership hereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real property in the City of Carlsbad, County of San Diego, State of California: an easement for PUBLIC STREET AND PUBLIC UTILITY PURPOSES over, under, upon and across said real property as described in Exhibit "A" consisting of one (1) page, attached hereto and made a part hereof. Exhibit "B" consisting of one (1) page is attached for clarity only. Holly Spring, LTD. STATE OF CALIFORNIA COUNTY OF SAN DIEGO of Company) By: (here insert name and Jitle of the officer^ personally appeared personally known to me (or proved to m&.orrthe-basjs-el tisfactory^-evidence) to be the person^ whose to the within instrument and acknowledged to me that-)=te1l'ttjey executed the same authorized capacity(ies)Tand that by ht on the instrument the person(s)Tor the entity upon behalf of which the person^s^'cted, executed the instrument. Name: Title: By: Name: :L (Signature) </ S(K Pei- (Type or Print) (Type or Print) (Signature) WITNESS my hand and official seal. Signature: //f//\n SHANNON WATK1NS TOknmbslonf 1419460 Print) Notary PubRc- San Dtego County My Comm. Expires Jun 19.2007 Print) H:\Development Services\PROJECTS\CT FILES\CT 00\CT 00-18 Cantarini Ranch - Riddle\Deeds-Easetnents\GRANT DEED OF EASEMENT CITY (PR 06-114J.doc REVISED 3/28/05 i <§ / PAflCgL D ' ADJ. PLAT 00-14 APN 188-030-61& 589-26'55'E 782.36' SEE DETAIL 'A' BELOW- LOT B N46'35'02'W MAP NO. 823 265.86' APN 209-060-60 LOT £ MAP NO. 823 S5J-21'51*W ~ 51.78' PARCEL A ADJ. PLAT 00-14 APN 209-070-01 PARCEL B J, PLAT 00-14 DETAIL 'A' NO SCALE LEGEND: P.O.B. T.P.O.B. vm POINT OF BEGINNING TRUE POINT OF BEGINNING STREET DEDICATION HEREON SCALE 1" = 300' .SITE BASIS OF BEARINGS: EAST LINE OF RECORD OF SURVEY 17348, /.£ N20-20'08"E LEGAL DESCRIPTION: PORTION OF LOT B, MAP 823, RECORDED NOVEMBER 16, 1896. ctnr or DOWTAI VICINITY MAP HOSOU£ STREET DEDICATION PLAT SHEET 1 OF 1 SHEETS GEORGE Q'DAYrf / ' R.C.E. 32014 ^EXP. 12/31/Off EXHIBIT "B' PR 06-114 APN 168-050-51 CONSULT T S 2710 Loker Ave. W. 760-931-7700 Suite 100 Fax:Carlsbad, CA 760-931 -B680 92010 r G:\031074\0374PDED03.dwg Jan 24, 2007 8:48am Xrefs: 0374map 1 RESOLUTION NO. 2007-053 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PORTION OF COLLEGE BOULEVARD OVER A PORTION OF APN: 209-060-60 4 FOR THE CANTARINI DEVELOPMENT. STV 06-05. 5 WHEREAS, Rancho Carlsbad Partners, a California partnership, has submitted a 6 request to vacate a portion of College Boulevard over a portion of APN: 209-060-60 for the 7 Cantarini Development, STV 06-05; and WHEREAS, this easement has been superseded by relocation and there are no other8 public facilities within the easement; and 9 WHEREAS, this easement has not been utilized for the purpose for which it was granted in 1998 and is not now, nor is it contemplated to be needed in the future; and 11 WHEREAS, this vacation is made pursuant to Section 8330 and 8333 of the California 12 Streets and Highways Code; and 13 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public , . interest to vacate said easement.14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 15 California, as follows: ifi 1. That the above recitations are true and correct. ^ 2. That the street right-of-way for College Boulevard dedicated per document no. 18 1998-0055998 recorded February 4, 1998 that is more particularly described in Exhibit A and 19 shown for the sake of clarity in Exhibit B is summarily vacated per Section 8330 and 8333 of the _.. California Streets and Highway Code. 3. That the City Clerk is directed to record this resolution, the attached legal 21 descriptions and plats in the Office of the County Recorder of San Diego County. 22 4. That upon recordation of this Resolution at the County Recorders, this easement 23 no longer constitutes a public street. 24 /// 25 /// 26 '" III 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 City Council of the City of Carlsbad on the 13th day of March, 2007, by the following vote: AYES: Council Members Lewis, Kulchin, Hall, Packard NOES: None ABSENT: Council Member Sigafoose , Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) o SEPTEMBER 29, 2006 J.N. 031074 PAGE 1 OF 1 EXHIBIT "A" LEGAL DESCRIPTION COLLEGE BOULEVARD STREET VACATION STV 06-05 THAT PORTION OF LOT B OF THE RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 16, 1896, DESCRIBED IN THE GRANT DEED OF EASEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER ON FEBRUARY 4, 1998 AS FILE NO. 1998-0055998 OF OFFICIAL RECORDS. O:\Legal_Descriptions\031074\CollegeBlvd_Vacation.doc IOO O O CO CM © pnp N89"26'21r.U.p. 1cn nn150.09 $' < £//& /$// ^f>>s^\ //x/ ^^ ^ ^ LOT£ N89"26'21'W 707.50' T.P.O.B. R=5551.00' L=12.W .SITE CUT OF DKMTAI VICINITY MAP msaif LEGEND: P.O.B. T.P.O.B. Lor B ia& 8817 Lor B W& 8817 APN 209-080-80 SCALE: 1" = 300' APN 209-080-80 *\ /^it H13'35'00"E 157.74' POINT OF BEGINNING TRUE POINT OF BEGINNING INDICATES PROPOSED COLLEGE BLVD. STREET VACATION VACATION SHEET 1 OF 1 SHEETS PLAT EXHIBIT B' GEORGE O'DAYJ ' ' R.C.E. 32014 EXP.12/31/06 STV 06-05 APH 209-060-60 2710 Loker Ave. W. Suite 100 Carlsbad. CA92010 760-931-7700 Fax:760-931-8680 G:\031074\0374PVAC01.dwg Sep 29, 2005 3:27pm Xrefs: 0374map