HomeMy WebLinkAbout2002-01-22; City Council; Resolution 2002-0361
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RESOLUTION NO. 2002-036
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, SUMMARILY VACATING PORTIONS
OF EL CAMINO REAL SOUTHEASTERLY OF ITS INTERSECTION
WITH CARLSBAD VILLAGE DRIVE.
WHEREAS, a request has been made to vacate portions of El Camino Real at its
outheasterly corner with Carlsbad Village Drive; and
WHEREAS, said portions of El Camino Real are outside the existing 126-foot wide road
;lignment and is excess right-of-way; and
WHEREAS, all public road improvements have been made adjacent to the excess
lght-of-way in conformance with City standards and the requirements of the Growth Management
'Ian; and
WHEREAS, the vacation of this area is consistent with the General Plan; and
WHEREAS, the excess right-of-way provides no public purpose, would not be useful as a
Ion-motorized transportation facility, or provide usable access to adjoining properties; and
WHEREAS, the excess right-of-way has not been maintained as a public right-of-way for a
leriod of five years or more; and
WHEREAS, LB/L Concordia Carlsbad 19, LLC, a Delaware Limited Liability Company,
le owner and developer, has agreed to increase its participation for the construction of a traffic
iignal at the intersection of Carlsbad Village Drive and Avenida de Anita/Appian Road from
!5% to 50%; and
WHEREAS, the vacation of this excess right-of-way will result in approximately 31,060
;quare feet of land being returned to the tax rolls.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
:alifornia, 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
:ode, said excess right-of-way more particularly described in Exhibit A, and shown for sake of
:larity in Exhibit 8, be summarily vacated.
3. That the City Clerk is hereby authorized to cause this resolution to be recorded in
re Office of the County Recorder of San Diego County.
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4. From the date the resolutions recorded in the County Recorder’s office, the area
lacated no longer constitutes a public street.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
ield on the 22nd day of JANUARY , 2002 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall
NOES: None
(SEAL)
Page 2 of 2 of Resolution No. 2002-036
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EXHIEUT "A" LEGAL DESCRIPTION
STV 01-05
PARCEL 1
A PORTION OF THE ROAD RIGHT-OF-WAY DESCRIBED IN PARCEL 66153- C OF DOCUMENT NO. 143634, RECORDED SEPTEMBER 2,1966, O.R.,
OVER AND ACROSS THAT PORTION OF LOT "J" OF RANCHO AGUA HEDIONDA, LOCATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION MAP THEREOF NO. 823 ON FILE IN THE OFFICE OF THE RECORDER OF SAID COUNTY OF SAN DIEGO, DESCRIBED IN DEED TO WAYNE WILLARD
CONNOR RECORDED JUNE 21,1957 AS DOCUMENT NO. 92974 IN BOOK
6632 PAGE 183 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 26 OF CHESTNUT
HEIGHTS, ACCORDING TO MAP THEREOF NO. 5328, ON FILE IN SAID COUNTY RECORDER'S OFFICE, THE SOUTHERLY LINE OF SAID LOT
HAVING A BEARING OF NORTH 89014'42'' WEST FROM SAID POINT,
CALIFORNIA COORDINATE SYSTEM ZONE 6 (NORTH 8P46'43" WEST PER
MAP 5328); THENCE NORTH 73'13'41" EAST 61.99 FEET TO THE
BEGINNING OF SAtD CENTER LINE, SAID POINT HAVING COORDINATES NORTH 364,137.828 AND EAST 1,672,983.535 PER SAID ZONE 6; THENCE NORTH 16O46'19" WEST 1543.09 FEET TO THE BEGINNING OF A TANGENT
CURVE TO THE RIGHT HAVING A RADIUS OF 10,000 FEET; THENCE
NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
244'32" A DISTANCE OF 478.61 FEET; THENCE TANGENT TO SAID CURVE,
NORTH 14"01'47" WEST 105.74 FEET TO ENGINEER'S STATION 116+50;
THENCE CONTINUING ON A COURSE OF NORTH 14"01'47" WEST 22.21
FEET TO ENGINEER'S STATION 116+72.21; THENCE AT RIGHT ANGLES TO
SAID CENTER LINE NORTH 75O58'13 EAST 63 FEET TO POINT "6" ON THE
EASTERLY LINE OF SAID ISFOOT STRIP OF LAND, BEING THE MOST SOUTHERLY CORNER OF SAID CONNOR'S LAND; THENCE NORTH
1491'47' WEST 352.94' TO THE TRUE POINT OF BEGINNINQ; THENCE
NORTH 11"lYOC)" WEST 751.73 FEET TO ME BEGINNING OF A TANGENT
CURVE TO THE RIGHT HAVING A RADIUS OF 35.00 FEET; THENCE
NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
59'07'48" A DISTANCE OF 36.12 FEET TO POINT "A", ON THE SOUTHERLY
RIGHT-OF-WAY LINE OF CARLSBAD VILLAGE DRIVE, AND THE BEGINNING
Page 1 of 4
OF A NON-TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 558.00 FEET, SAID CURVE BEING THE SOUTHERLY RIGHT-OF-WAY OF
CARLSBAD VILLAGE DRIVE A RADIAL TO SAID POINT BEARS NORTH
07°14'05" WEST; THENCE WESTERLY ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 04W59' A DISTANCE OF 39.78 FEET ; THENCE
VILLAGE DRIVE, SOUTH 78'52'53 WEST 20.24 FEET TO THE BEGINNING
OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET, A RADIAL TO SAID BEGINNING BEARS NORTH ll"O7'07" WEST; THENCE
SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF lOl"O3'29 A DISTANCE OF 44.09 FEET TO THE BEGINNING OF A
REVERSE CURVE HAVING A RADIUS OF 3063.00 FEET, CONCAVE
CAMINO REAL, A RADIAL TO SAID BEGINNING BEARS SOUTH 67'4924"
EL CAMINO REAL THROUGH A CENTRAL ANGLE OF OF'08'49 A DISTANCE
OF 435.53 FEET; THENCE SOUTH 14"01'47" EAST 321.77 FEET TO THE
TRUE POINT OF BEGINNING.
CONTINUING ALONG THE SOUTHERLY RIGHT-OF-WAY OF CARLSBAD
WESTERLY, SAID CURVE BEING THE EASTERLY RIGHT-OF-WAY OF EL
WEST; THENCE SOUTHERLY ALONG THE EASTERLY RIGHT-OF-WAY OF
SPYGLASWSVEGALVGAL FCR VACATION RFMI IJf
Page 2 of 4
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EXHIBIT "A"
LEGAL DESCRIPTION SN 01-04
PARCEL 2
THAT PORTION OF THE PUBLIC HIGHWAY EASEMENT RECORDED
FEBRUARY 7,1945 IN BOOK 1820 PAGE 249 OF OFFICIAL RECORDS IN
THAT PORTION OF LOT "J" OF RANCHO AGUA HEDIONDA, LOCATED IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE PARTITION MAP THEREOF NO. 823, FILED NOVEMBER 16, 1886, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY AND STATE, AND DESCRIBED IN DEED TO WAYNE
WILLARD CONNOR, RECORDED JUNE 21,1957 AS FILE NO. 92974 IN BOOK 6632. PAGE 185 OF OFFICIAL RECORDS OF SAID SAN DIEGO
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT "J" DISTANT
THEREON SOUTH 89" EAST 1358.69 FEET FROM THE
SOUTHWESTERLY CORNER OF SAID LOT; SAID POINT OF BEGINNING BEING ON A CURVE CONCAVE EASTERLY THE CENTER OF WHICH BEARS NORTH 77"25'50" EAST loo0 FEET FROM.SAlD POINT; THENCE
NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
6"25'10" A DISTANCE OF 112.04 FEET; THENCE TANGENT TO SAID CURVE
NORTH 6W WEST 454.84 FEET TO THE BEGINNING OF A CURVE TO THE
LEFT HAVING A RADIUS OF 1542.51 FEET; THENCE ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF I l"o9'20" A DISTANCE OF 300.33 FEET;
THENCE NORTH 17"18'20" WEST 1193.43 FEET TO THE BEGINNING OF A
CURVE TO THE LEFT HAVING A RADIUS OF 1500 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF fi040'30'' A DISTANCE OF
148.57 FEET; THENCE NORTH 22O58'50" WEST 289.40 FEET TO THE
BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF IO00 FEET;
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21"10'20"
A DISTANCE OF 369.43 FEET; THENCE NORTH l"48'50" WEST 73.59 FEET;
THENCE NORTH 8801 1'10" EAST 40.00 FEET TO THE TRUE POINT OF
BEGINNING; SAID POINT BEING NORTH 16"10'09" WEST 227.57 FEET
DISTANT FROM THE MOST SOUTHERLY CORNER OF SAID CONNOR'S
LAND THENCE NORTH 16"10'09" WEST 447.14 FEETALONG THE
TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 3063.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08"08'4Y A DISTANCE OF 435.53 FEET TO THE BEGINNING OF
A REVERSE CURVE ON THE SOUTHEASTERLY RIGHT OF WAY AT THE
INTERSECTION OF EL CAMINO REAL AND CARLSBAD VILLAGE DRIVE
EASTERLY RIGHT-OF-WAY OF EL CAMINO REAL TO THE BEGINNING OF A
Page 3 of 4
HAVING A RADIUS OF 25.00 FEET, A RADIAL TO SAID BEGINNING BEARS
THROUGH A CENTRAL ANGLE OF 88O57'18 A DISTANCE OF 38.81 FEET TO
RADIUS OF 3040.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH
67Y35'09 WEST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 0'25'41" A DISTANCE OF 22.71 FEET; THENCE SOUTH
21°59'10" EAST 474.46 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE WESTERLY, HAVING A RADIUS OF 1040.00 FEET; THENCE
SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
20"10'20 A DISTANCE OF 366.15 FEET; THENCE SOUTH 01'48'50 WEST
53.23 FEET TO THE TRUE POINT OF BEGINNING.
NORTH 65O41'02" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE.
A POINT ON A NON-TANGENT CURVE, CONCAVE WESTERLY, HAVING A
&g6tZo0111:s?AM WAY LEGAL RFVO1.m
Page 4 of 4
NORTH
SCALE: l.= 150’ - 0 75’ 150’ 300’