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HomeMy WebLinkAbout2004-04-13; City Council; Resolution 2004-1151 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 RESOLUTION NO. 2004-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING THE INTENTION TO VACATE A PORTION OF CORlNTlA STREET AND SETTING A PUBLIC HEARING. WHEREAS, Real Estate Collateral Management Company, a Delaware corporation, has submitted an application to vacate a portion of Corintia Street; and WHEREAS, the tentative map of Carlsbad Tract 99-04 with conditions, was approved by the Planning Commission on September 5, 2001, pursuant to Resolution No. 5020; and WHEREAS, the City Council did on October 23, 2001 adopt Resolution No. 2001-318 approving the tentative map; and WHEREAS, the tentative map of Carlsbad Tract CT 99-04 contemplated the vacation of a portion of Corintia Street; and WHEREAS, the conditions of approval for the phase 2 of said final map and associated street vacation have been completed or secured; and WHEREAS, the City Engineer has determined that this portion of Corintia Street is not needed for present or future street purposes; and WHEREAS, the proposed vacation is in accordance with the Growth Management Policies and is consistent with the General Plan of the City. 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. It is Council’s said intention to vacate, for public street purposes, a portion of Corintia Street as described in Exhibit A and shown for the sake of clarity on Exhibit B. 3. It also shall be Council’s said intention to conduct the proceedings for this street vacation under the California Streets and Highways Code, Division 9, Part 3, Chapter 3. 4. A public hearing shall be held at the City Council Chambers at 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m., on April 27, 2004. Ill Ill Ill 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 /'*' ._ '. 5. That the City Clerk is instructed to publish this resolution of intention in the local iewspaper and the City Engineer is instructed to post such notices along the site in accordance vith the California Streets and Highways Code. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council ield on the 13th day of April , 2004 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall, and Packard NOES: None ABSENT: Non 4TTEST Resolution No. 2004-115 page 2 (SEAL) EXHIBIT “A” LEGAL DESCRIPTION STREET VACATION PARCEL “A”: A PORTION OF CORlNTlA STREET. A 30.00 FOOT WIDE STRIP OF LAND LYING WITHIN A PORTION OF CORlNTlA STREET DEDICATED TO THE PUBLIC BY CARLSBAD T-WCT YO. 84-23, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11241, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON MAY 22, 1985, SAID STRIP OF LAND BEING PARALLEL, CONCENTRIC, AND 30.00 FEET SOUTHEASTERLY OF THE NORTHWESTERLY RIGHT-OF-WAY OF SAID CORlNTlA STREET, SAID RIGHT-OF-WAY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 224 AS DEPICTED ON SAID MAP NO. 11241, SAID POINT BEING ON THE NORTHWESTERLY RIGHT-OF-WAY OF SAID CORlNTlA STREET, SAID POINT ALSO BE THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 470.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 33’15’58” EAST (SOUTH 33’15’05” EAST, RECORD PER SAID MAP NO. 11241); THENCE NORTHEASTERLY ALONG SAID RIGHT-OF-WAY AND CURVE THROUGH A CENTRAL ANGLE OF 32’49’02” A DISTANCE OF 269.20 FEET TO A . POINT OF TERMINUS. THE SIDELINES OF SAID 30.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE WESTERLY IN THE WESTERLY BOUNDARY OF SAID MAP NO. 11241 AND TERMINATES NORTHEASTERLY IN A RADIAL LINE THROUGH THE POINT OF TERMINUS TO THE CENTERLINE OF SAID CORlNTlA STREET HAVING A BEARING OF SOUTH 66’05’00’’ EAST. PAGE 1 OF 2 :G M:\2352\21\Legal Descriptions\Al3 City St Vac Corintia.doc WO 2352-0021 2/24/04 5 CONTAINS 0.1 93 ACRE MORE OR LESS. DAVID W. AMBLER L.S. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 2 OF 2 :G M:\2352\21\Legal DescriptionsMl3 City St Vac Corintia.doc WO 2352-0021 2/24/04 EXHIBIT “A” LEGAL DESCRIPTION STREET EASEMENT VACATION PARCEL “By? A PORTION OF CORlNTlA STREET. A 60.00 FOOT WIDE STRIP OF LAND LYING WITHIN A PORTION OF A GRANT OF AN EASEMENT FOR STREET AND HIGHWAY PURPOSES PER GRANT DEEDS RECORDED JULY 11, 1981 AS FILE N0.S 81-126304 AND JULY 11, 1981 AS FILE NO. 81-126307, BOTH OF OFFICIAL RECORDS, LYING WITHIN PARCELS 2 AND 4 OF PARCEL MAP NO. 10179, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER IN JUNE 27,1980, AND SAID STREET AS DEPICTED ON CARLSBAD TRACT NO. 84-23, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11241 , FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON MAY 22, 1985; SAID STRIP OF LAND BEING PARALLEL, CONCENTRIC, AND 60.00 FEET SOUTHEASTERLY OF THE FOLLOWING DESCRIBED NORTHWESTERLY LINE: COMMENCING AT THE MOST SOUTHERLY CORNER OF LOT 224 AS DEPICTED ON SAID MAP NO. 11241 CORlNTlA STREET, SAID POINT ALSO BE THE BEGINNING OF A NON-TANGENT CURVE SAID POINT BEING ON THE NORTHWESTERLY RIGHT-OF-WAY OF CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 470.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 33’1 5’58” EAST (SOUTH 33’15’05’’ EAST, RECORD PER SAID MAP NO. 11241); THENCE SOUTHWESTERLY ALONG THE CONTINUATION OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07’19’48”A DISTANCE OF 60.13 FEET TO THE TRUE POINT OF BEGINNING; THENCE RETRACING ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07’19’48” A DISTANCE OF 60.13 FEET TO THE POINT OF COMMENCEMENT; THENCE CONTINUING NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32’49’02” A DISTANCE OF 269.20 FEET TO A POINT OF TERMINUS. THE SIDELINES OF SAID 60.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE WESTERLY IN A RADIAL LINE THROUGH THE TRUE POINT OF BEGINNING HAVING A BEARING OF SOUTH 25’56’11’’ EAST AND TERMINATES NORTHEASTERLY IN A RADIAL LINE THROUGH THE POINT OF TERMINUS HAVING A BEARING OF SOUTH 66’05’00” EAST. PAGE 1 OF 2 :G M:\2352\21\Legal DescriptionsL414 Deeds St Vac Corintia.doc WO 2352-0021 2/24/04 CONTAINS 0.483 ACRE MORE OR LESS. 4, .-. DAVID W. AMBLER L.S. 7322 HUNSAKER &ASSOCIATES SAN DIEGO, INC. PAGE 2 OF 2 :G M:\2352\21\Legal Des&iptions\A14 Deeds St Vac Corintia.doc WO 2352-0021 2/24/04 0 100 200 300 SCALE 1”= 100’ PLANNING 10179 Huemekens Street ENGINBRING San Diego, Ca 92121 SHEET 2 OF 2 SURVEYING PH(858)558-4500. FX(858)558-1414 R:\O261 \&Mop\EP ST VAC (CORINTIA) SHT 02.dwg[ 1993]Feb-24-2004:16:.38 - W.O. 2352-21 S7REfiT VACATION PLAT - CI7Y OF C4RlSBAD APPUCANT: PREPARED BY: I PROJECT DAVID W. AMBLER L.S. 7322 EXP. 12/31/05 I CT99-04-02 AP.N.: 223-720-0 1 EXHIBIT ” B ” 4 BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS DRAWING IS THE NAD '83 CALIFORNIA COORDINATES SYSTEM ZONE 6 GRID BEARINGS BETWEEN STATION 3075 AND STATION 3085 AS SAID COORDINATES ARE PUBLISHED IN RECORD OF SURVEY MAP NO. 15376. I.E. N 04'55'38" W CT 99-04-02 '€41 ESTATE COLLATERAL MNAGEMENT 903 WRIGHT PLACE STE. 180 ARLSBAD, CA 92008 60.929.270 1 DAVID W. AMBLER L.S. 7322 EXP. 12/31/05 THE COMBINED SCALE FACTOR AT STATION 3085 IS 0.99993993. GRID DISTANCE = GROUND DISTANCE X COMBINED SCALE FACTOR. LEGEND 223-720-01 EXHIBIT "By' INDICATES 60.00 FOOT WIDE EASEMENTS FOR STREET AND HIGHWAY GRANTED TO CITY OF CARLSEAD BY DOCUMENTS RECORDED APRIL 21, 1981 AS FILE NO. 81-126304 AND APRIL 11, 4r OFFICIAL RECORDS. INDICATES A 30.00 FOOT WIDE EASEMENT FOR ROAD PURPOSES GRANTED TO AETNA CAPITAL COMPANY BY DOCUMENT RECORDED JULY 11, 1980 AS FILE NO. 80-2 17365, OF OFFICIAL RECORDS. SEE QUITCLAIM DEED RECORDED JULY 11, 2002, FILE NO. 2002-0583192, OF OFFICAL RECORDS. 1981 AS FILE NO. 81-126307, BOTH OF .. a am INDICATES A PORTION OF CORlNTlA STREET DEDICATED PER MAP NO. 11241. INDICATES A 50.00 WIDE LANDSCAPE EASEMENT PER DOCUMENT RECORDED OCTOBER 16, 2000 AS FILE NO. 2000-0553639, OF OFFICIAL RECORDS. I (HATCHED AREA TO BE VACATED). ( ) INDICATES RECORD PLANNING la79 Huennekens Street ENGINEERING San Diego, Ca 92121 VlClNl7-Y MAP &OT TO SCALE SHEET 1 OF 2 SURVEYING PH(858)5S&4500. FX(858)558-1414 R:\O26l\&Ahp\EP ST VAC (CORlNll4) SHT Ol.DWG[ 1993]Feb-24-2004:16:35 - KO. 2352 STREET VACATION PLAT - CIV OF CARLSMD PPUCANT: PREPARED BY: I PROJECT: I A.P.N.: