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HomeMy WebLinkAbout1998-01-06; City Council; Resolution 98-1* 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 8 e RESOLUTION NO. 98-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, OPENING CASSIA ROAD FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES, VILLA LOMA, SDP 93-06 (PR 3.4.296). WHEREAS, the City of Carlsbad has approved the project known as Villa Loma 4partments as shown in City Files SDP 93-06 (PR 3.4.296); and WHEREAS, the conditions of approval for this project require the provision of an 2asement for public street and public utility purposes; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public mterest to reserve this easement for public street and public utility 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. 2. That the opening of Cassia Road is described in attached Grant Deed of Easement, PR 3.4.296. 3. That the opening of Cassia Road for public street and public utility purposes, SDP 93-06 (PR 3.4.296) is approved. 4. That the mayor is authorized to sign the easement document. Ill Ill 71 Yl 'I/ '11 VI '11 /I1 1 e 0 5. That the City Clerk is directed to have said easement document recorded with the 2 3 County Recorder's Office. 4 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council 5 held on the 6th day Of JANUARY , 1998 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, Hall 6 7 8 9 10 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 N R. KVNDTZ, Mistant City Clerk " (SEAL) RECORDING REQUESTED BY I AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: . GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City Of Carlsbad, a Municipal Corporation hereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real property in the City of Carlsbad,, Coun of San Diego, State of California: an easement for public right of way purposes as.described rn Exhr % it "A consisting ofthree pages, attached hereto and made a part hereof. Exhibit "B" consistmg of two pages IS attached for clarW only. COUNTY OF SAN DlEGO 1 before me, dl fi$ /?<f e$ (here in&&? name and title of officer), personally appeared la KdG fl - LeLu E S personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s@/zw-subscribed o the within instrument and acknowledged to me tha&sh&hey executed the r authorized capacity(ies), and that ature(s) on the instrument the tity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. . .. - N.WIASTERS\FORMS\GRNTDEED FRM Rev. 06119195 0 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real propetty conveyed by the deed or grant dated January 7, 1998 from the City of Carlsbad to the City of e. 98-1, and the grantee consents to the recordation authorized officer. DATED: January 12, 1998 Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Resolution No. thereof by its duly ssistant City Clerk EXHIBIT "A" LEGAL DESCRIPTION PR.3.4.296 BEING A PORTION OF PARCEL 2 OF PARCEL MAP NO. 11 88, RECORDED DECEMBER 20, . 1972 AS FILE NO. 340334 IN THE OFFICE'OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL I A STRIP OF LAND 30.00 FEET WIDE, THE NORTHERLY LINE OF WHICH IS PARALLEL AND CONCENTRIC WITH AND 30.00 FEET NORTHERLY OF THE FOLLOWING DESCRl6ED LINE: COMMENClNG AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23; THENCE ALONG THE SOUTHERLY LINE THEREOF, NORTH 89"31'30" WEST, 188.00 FEET TO A POINT OF CUSP WITH A 300.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH OO"2830" WEST; THENCE LEAWNG SAID SOUTHERLY LINE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38'49'41" A DISTANCE OF 203.30 FEET TO A POfNT ON THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23, A RADIAL LINE TO SAID POINT BEARS SOUTH 38'21'11" EAST, SAID POINT BEARS NORTH 00'33'26" EAST, 66.29 FEET ALONG SAID EAST LINE FROM THE POINT OF COMMENCEMENT; THENCE CONTINUING NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14"34'40" A DISTANCE OF 76.33 FEET; THENCE NORTH 37'04'09" EAST, 100.98 FEET TO THE BEGINNfNG OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 300.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28'45'51" A DISTANCE OF 150.61 FEET TO THE TRUE POINT OF BEGINNING, A RADIAL LINE TO SAID POINT BEARS NORTH 24"10'00" WEST; THENCE CONTINUING ALONG THE ARC OF SAID CURVE THROUGH A CENTWL ANGLE OF 24"37'12" A DISTANCE OF 128.91 FEET TO A POINT ON THE SOUTHERLY LINE OF PARCEL 2 OF SAID PARCEL MAP NO. PAGE 1 OF 3 - :DA M:Vegals\l751\008 Poinsettia HilRSVCOl .DOC -. WO 175 1-8 713197 1188; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89’32’48” EAST, 470.89 FEET TO THE BEGINNING OF A TANGENT 300.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE LEAVING SAID SOUTHERLY LINE EASTERLY ALONG THE ARC OF SAIDCURVE THROUGH A CENTRAL ANGLE OF 01’49’36“ A DISTANCE OF 9.56 FEET; THENCE SOUTH 87’43’12” EAST, 69.08 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT “A” SAID POINT BEING THE POINT OF TERMINUS SAID POINT ALSO. BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF EL CAMINO REAL AS SHOWN AND DESCRfBED ON SAID PARCEL MAP NO. 1188. THE NORTHERLY SIDELINE OF SAID 30.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE WESTERLY IN THE SOUTHERLY LINE OF PARCEL 2 OF SAID PARCEL MAP 1188 AND EASTERLY IN THE WESTERLY RIGHT-OF-WAY LINE OF EL CAMINO REAL AS SHOWN AND DESCRIBED ON SAID PARCEL MAP NO. 1188. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAIN 0.442 ACRE MORE OR LESS. PARCEL 2 COMMENCING AT THE HEREINABOVE DESCRIBED POINT “A” IN PARCEL I, SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF EL CAMINO REAL AS SHOWN AND DESCRIBED ON SAID PARCEL MAP NO. 1188, SA1D POINT ALSO BE1NG ON THE ARC OF A 1545.00 FOOT RADlUS CURVE CONCAVE EASTERLY, A RADfAL LINE TO SAID POINT BEARS NORTH 77”40’09” WEST; THENCE NORTHERLY ALONG SAID WESTERLY RIGHT- OF WAY LINE AND THE ARC OF SAID CURVE THROUGH‘A CENTRAL ANGLE OF Ol0O7’55” A DISTANCE OF 30.52 FEET TO THETRUE POINT OF BEGINNING SAID POINT BEING ON THE NORTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1; THENCE ALONG SAID NORTHERLY LINE, NORTH 87O43’12” WEST, 38.80 FEET TO A POINT OF CUSP WITH A 25.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE LEAVING SAID NORTHERLY LINE EASTERLY, NORTHEASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 78’12’13” A DISTANCE OF 34.12 FEET; THENCE RADIAL FROM SAID CURVE SOUTH 75’55’25“ EAST, 18.00 FEET TO A PAGE 2 OF 3 :DA M:Vegals\l751\008 Poinsettia HilRSVCOl .DOC WO 1751-8 7/3/97 POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID EL CAMINO REAL, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY HAVING A . RADIUS OF 1,545.00 FEET A RADIAL LINE TO SAID POINT BEARS NORTH 75'55'25" WEST; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE AND THE ARC OF SAID CURVE THR0UGH.A CENTRAL ANGLE OF 00'36'49" A DISTANCE OF 16.55 FEET TO THE TRUE POINT OF BEGINNING. , THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAIN 0.010 ACRE MORE OR LESS. JOHN W. HILL, JR. L.S. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. . PAGE 3 OF 3 :DA M:Vegals\l75lU)08 Poinsettia Hill\SVCOl.DOC . WO 1751-8 7/3/97 INDICATES EXISTING SLOPES RIGHTS PER DEED RECOROED 7-24-70 AS FILE PAGE NO. 130797, 0.R. INDICATES LIMITS OF PROPOSED STREET PER PM 1188 m Ah r r SEE DETAIL mA" AREA. LEGEND: INDICATES STREET AREA = 0 -452 ACRE DEDICATION LEGAL DESCRIPTION PORTION OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST l/4 OF FRACTIONAL SECTION 23 T12S. R4W SBM . VICINITY MAP NO SCALE BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS MAP IS THE WEST LINE OF SECTION 23. TOWNSHIP 12 SOUTH. RANGE 4 WEST, S.B.M. PER R. OF S. MAP NO. 10774 i.e. N 0°33'25'E SHEET 2 OF DEDICATION PLAT - UTY OF CARLSBAD APPLICANT : A.P.N.: PROJECT: PREPARED BY: WESTERN PACIFIC HOUSING SUITE #lo7 CARLSBAO. CA 92007 (6191 929-1600 EXPIRES: 9/30/99 PR 3.4.296 EXHIBIT B 2385 CAMINO VIOA ROBLE - CASSIA ROAD % L A/ 7-3Y7 2 7 5-020- 1 5 JOHN W. HILL, JR. LS. 5669