HomeMy WebLinkAbout2004-02-10; City Council; Resolution 2004-0401
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RESOLUTION NO. 2004-040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PORTION
OF GORGE PLACE (STV 99-05).
WHEREAS, a request has been made to vacate a portion of Gorge Place; and
WHEREAS, Gorge Place presently has excess right-of-way; and
WHEREAS, the City Engineer has determined that the excess right-of-way is not required
for present or future street purposes; and
WHEREAS, the excess right-of-way provides no public street purpose and would not be
useful as a non-motorized transportation facility; and
WHEREAS, the proposed vacation is consistent with the General Plan of the City; and
WHEREAS, the vacation of this excess right-of-way will result in approximately
2,602 square feet of land being returned to the tax rolls; and
WHEREAS, utility companies have no facilities within the area to be vacated.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1.
2.
That the above recitations are true and correct.
That pursuant to Division 9, Part 3, Chapter 4 of the California Street and Highways
Code, said excess right-of-way 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
Recorder of San Diego County.
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4. From the date the resolution is recorded in the County Recorder’s office, the area
facated no longer constitutes a public street.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
ield on the 10th day of February , 2004 by the following vote, to wit:
AYES: Council Membexs Lewis, Finnila, Kulchin, Hall and Packard
NOES: ane
4TTEST
(SEAL)
SEPTEMBER 11, 2003
J.N. 981020
PAGE 1 OF 2
EXHIBIT 'A'
STREET VACATION
STV-99-0 5
PARCEL 'A'
THAT PORTION OF GORGE PLACE IN CARLSBAD TRACT 83-19 IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
ACCORDING TO MAP THEREOF NO. 12951 FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 16, 1992, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY OF LOT 168
OF SAID CARLSBAD TRACT 83-19, SAID POINT BEING THE EASTERLY
TERMINUS OF THAT RADIAL LINE SHOWN ON SAID MAP 12951 AS
NORTH 82°14'00" EAST, 187.00 FEET, SAID POINT BEING ALSO ON
THE ARC OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF
70.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 0'49'49" AND AN ARC DISTANCE OF
1.01 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF SAID
GORGE PLACE, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTHERLY ALONG THE ARC OF SAID CURVE,
ALONG SAID RIGHT OF WAY, THROUGH A CENTRAL ANGLE OF
7"08'30" AND AN ARC DISTANCE OF 8.73 FEET TO THE BEGINNING
OF A NON-TANGENT CURVE CONCAVE TO THE NORTH HAVING A RADIUS
OF 48.00 FEET, A RADIAL BEARS SOUTH 46"42'33" WEST; THENCE
EASTERLY ALONG THE ARC OF LAST MENTIONED CURVE THROUGH A
CENTRAL ANGLE OF 99"14'33" AND AN ARC DISTANCE OF 83.14
FEET TO A TANGENT LINE; THENCE NORTH 37O28'00" EAST ALONG
SAID LINE 12.68 FEET TO A POINT OF CUSP WITH A TANGENT
CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 20.00 FEET,
SAID CURVE BEING ON THE EASTERLY RIGHT OF WAY OF SAID GORGE
PLACE; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 52"17'04" AND AN ARC DISTANCE OF 18.25
FEET TO A POINT ON THE NORTHERLY LINE OF THAT PORTION OF
LOT 168 RESERVED FOR FUTURE STREET PURPOSES AS SHOWN ON
SAID MAP 12951; THENCE SOUTH 75"10'56" WEST ALONG SAID
NORTHERLY LINE 1.00 FOOT TO THE BEGINNING OF A NON-TANGENT
CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 37.02 FEET;
THENCE CONTINUING ALONG THE ARC OF SAID CURVE SOUTHERLY,
WESTERLY AND NORTHERLY THROUGH A CENTRAL ANGLE OF
162"03'44" AND AN ARC DISTANCE OF 104.71 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE EAST HAVING
A RADIUS OF 69.00 FEET, A RADIAL BEARS SOUTH 61"25'40" WEST
SEPTEMBER 11, 2003
J.N. 981020
PAGE 2 OF 2
(SOUTH 61°25'41" WEST PER MAP 12951) ; THENCE CONTINUING
ALONG THE ARC OF SAID CURVE NORTHERLY THROUGH A CENTRAL
ANGLE OF 21°38'09" (21O38'08" PER MAP 12951) AND AN ARC
DISTANCE OF 26.06 FEET; THENCE SOUTH 83'03'49' WEST 1.00
FEET TO THE TRUE POINT OF BEGINNING.
AREA = 2,470 S.F.
PARCEL 'B'
THAT PORTION OF PARCEL 'A' PER THE CITY OF CARLSBAD ADJ 99-
31 FILED AS A CERTIFICATE OF COMPLIANCE IN THE OFFICE OF
SEPTEMBER 20, 2000, DESCRIBED AS FOLLOWS:
THE SAN DIEGO COUNTY RECORDER AS FILE 2000-0503706 ON
THAT PORTION OF LOT 168 RESERVED FOR FUTURE STREET PURPOSES
IN CARLSBAD TRACT 83-19 IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO.
12951 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO JULY 16, 1992.
AREA = 132 S.F.
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2710 Loker Avenue West Civil Engineering suite 100 Planning Carisbod. California 92008 Pmcessing 760-931 -77W Surveying
FOX: 760-931 -8680 www.odayconsultants.com
DATA TABLE I NTS
0' 5' 20' I SIREKT VACA77ON PLAT L 40'
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DOC # 2004-0174135
OFFICIAL MCONDS SAN DIEGO COUNTY RECDRDER'S OFFICE Gk'MRY J. %ITHI WNTY RECORDER FEES: 0.00
RECORDING REQUESTED BY:
Carlsbad City Clerk's Office
WHEN RECORDED MAIL TO:
City Clerk
City of Carls bad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
-
SPACE ABOVE THIS LINE FOR RECORDER'S USE
RESOLUTION NO. 2004-040
SUMMARILY VACATING A PORTION OF GORGE PLACE
(SW 99-05)
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t..Jw f 8 i 1: 7
RESOLUTION NO. 2004-040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PORTION
OF GORGE PLACE (STV 99-05).
WHEREAS, a request has been made to vacate a portion of Gorge Place; and
WHEREAS, Gorge Place presently has excess right-of-way; and
WHEREAS, the City Engineer has determined that the excess right-of-way is not required
'or present or future street purposes; and
WHEREAS, the excess right-of-way provides no public street purpose and would not be
Jseful as a non-motorized transportation facility; and
WHEREAS, the proposed vacation is consistent with the General Plan of the City; and
WHEREAS, the vacation of this excess right-of-way will result in approximately
2,602 square feet of land being returned to the tax rolls; and
WHEREAS, utility companies have no facilities within the area to be vacated.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1.
2.
That the above recitations are true and correct.
That pursuant to Division 9, Part 3, Chapter 4 of the California Street and Highways
Code, said excess right-of-way 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
Recorder of San Diego County.
IJJ
VI
VJ
VJ
VJ
VI
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4. From the date the resolution is recorded in the County Recorder's office, the area
vacated no longer constitutes a public street.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 10th day of February , 2004 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard
ATTEST:
(SEAL)
f: ,;# -2 9 1"' -11
_v /
SEPTEMBER 11, 2003
J.N. 981020
PAGE 1 OF 2
EXHIBIT 'A'
STREET VACATION
STV- 9 9-05
PARCEL 'A'
THAT PORTION OF GORGE PLACE IN CARLSBAD TRACT 83-19 IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
ACCORDING TO MAP THEREOF NO. 12951 FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 16, 1992, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY OF LOT 168
OF SAID CARLSBAD TRACT 83-19, SAID POINT BEING THE EASTERLY
TERMINUS OF THAT RADIAL LINE SHOWN ON SAID MAP 12951 AS
NORTH 82°14'00" EAST, 187.00 FEET, SAID POINT BEING ALSO ON
THE ARC OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF
70.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF O"49'49" AND AN ARC DISTANCE OF
1.01 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF SAID
GORGE PLACE, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTHERLY ALONG THE ARC OF SAID CURVE,
ALONG SAID RIGHT OF WAY, THROUGH A CENTRAL ANGLE OF
7O08'30" AND AN ARC DISTANCE OF 8.73 FEET TO THE BEGINNING
OF A NON-TANGENT CURVE CONCAVE TO THE NORTH HAVING A RADIUS
OF 48.00 FEET, A RADIAL BEARS SOUTH 46"42'33" WEST; THENCE
EASTERLY ALONG THE ARC OF LAST MENTIONED CURVE THROUGH A
CENTRAL ANGLE OF 99"14'33" AND AN ARC DISTANCE OF 83.14
FEET TO A TANGENT LINE; THENCE NORTH 37"28'00" EAST ALONG
SAID LINE 12.68 FEET TO A POINT OF CUSP WITH A TANGENT
CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 20.00 FEET,
SAID CURVE BEING ON THE EASTERLY RIGHT OF WAY OF SAID GORGE
PLACE; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 52"17'04" AND AN ARC DISTANCE OF 18.25
FEET TO A POINT ON THE NORTHERLY LINE OF THAT PORTION OF
LOT 168 RESERVED FOR FUTURE STREET PURPOSES AS SHOWN ON
SAID MAP 12951; THENCE SOUTH 75"10'56" WEST ALONG SAID
NORTHERLY LINE 1.00 FOOT TO THE BEGINNING OF A NON-TANGENT
CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 37.02 FEET;
THENCE CONTINUING ALONG THE ARC OF SAID CURVE SOUTHERLY,
WESTERLY AND NORTHERLY THROUGH A CENTRAL ANGLE OF
162"03'44'' AND AN ARC DISTANCE OF 104.71 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE EAST HAVING
A RADIUS OF 69.00 FEET, A RADIAL BEARS SOUTH 61"25'40" WEST
SEPTEMBER 11, 2003
J.N. 981020
PAGE 2 OF 2
(SOUTH 61O25'41" WEST PER MAP 12951) ; THENCE CONTINUING
ALONG THE ARC OF SAID CURVE NORTHERLY THROUGH A CENTRAL
ANGLE OF 21"38'09" (21°38'08" PER MAP 12951) AND AN ARC
DISTANCE OF 26.06 FEET; THENCE SOUTH 83"03'49' WEST 1.00
FEET TO THE TRUE POINT OF BEGINNING.
AREA = 2,470 S.F.
PARCEL 'B'
THAT PORTION OF PARCEL 'A' PER THE CITY OF CARLSBAD ADJ 99-
31 FILED AS A CERTIFICATE OF COMPLIANCE IN THE OFFICE OF
THE SAN DIEGO COUNTY RECORDER AS FILE 2000-0503706 ON
SEPTEMBER 20, 2000, DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 168 RESERVED FOR FUTURE STREET PURPOSES
IN CARLSBAD TRACT 83-19 IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO.
12951 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO JULY 16, 1992.
AREA = 132 S.F.
W:\MSOFFICE\WINWORD\981020\Gorge 4.lgl.doc
40' / 0' 10' w eb'
SRET MCA77CMI PLAT
wis em RIM:
WE BASS 6F BEAHNGS IS lH€
SWW'L Y UNE fl LOT 168 AS SOW ON MAP 12951 LE N 8274'00" E
LEaL DES CR/P77C?M
POR~ON OF Lor IM AND GORGZ PLACE
2710 Loksr Avenue West Civil Engineering Suite 100 Planning Corlsbad. California 92008 Processing 760-931-7700 Surveying
Of W 12951 RECORDLD JULY 14 1992 FOX. 760-931-8680 www.odayconsultantr corn
APPLICANT: EXHIBIT "e"
PREPARED BY: APPROVED BY: aum HIUS Id LLC 2727 HOOER AENUE MI7OM Cm cjl 92950 UOYD B. HU0K ME
PH (619)336-3735 RCE. 23889 12/31/05
SHT. 1 OF 2 SHTS.
SN 99-05
A.P.N. 168-292-05
02003 S'Day Consultants, Inc. Xrefs: 9820R; 9820MAP; 9820RMXP G: \jobs\2002\981020\9820RZOl.dwg Jan 21, 2004 2: 55pm
C 0 N S U L T MN T S
2710 Loker Avenue West Civil Engineering
Suits 100 Planning Corisbad. Californio 92008 Processing 760-931 -7700 Surveying FOX: 760-931 -8680 www.odayconsultantr.com
1% D AIL 'A' DA TA TABLE i
0' 5' 20' 1 S7REET MCA nU! PLA 1T v 40'
WEl HIUS 4 LLC 2727 H0IIM;R AENUE M77OML C/7): 04 92950 PH (619)336-3735
12003 O'by Consultants, Inc. Xrefs: 9820R; 9820MAP; 9820RMAP G: \jobs\2002\981020\9820RZOl.dwg Jan 21, 2004 2: 55pi
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. 2004-040 SUMMARILY VACATING A
PORTION OF GORGE PLACE (STV 99-05) 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 12th day of
Februarv, 2004.
ASSISTANT CITY CLEW
(SEAL)