HomeMy WebLinkAbout2004-07-27; City Council; Resolution 2004-244DOC # 2004-0740754
RECORDING REQUESTED BY:
Carlsbad City Clerk's Office
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
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AUG 05,2004 8:47 AM
OFFICIAL RECORDS
SAN DlEGO COUNTY RECORDER'S OFFICE GREGORY J SMITH, COUNTY RECORDER FEES 0.00 PAGES 6
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Resolution No. 2004-244
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PORTION OF
HIDDEN VALLEY ROAD SOUTHERLY OF ITS
INTERSECTION WITH PALOMAR AIRPORT ROAD
:\Word\County RecorderViecorder Cover Sheet.doc
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RESOLUTION NO. 2004-244
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PORTION OF HIDDEN VALLEY ROAD SOUTHERLY OF ITS
INTERSECTION WITH PALOMAR AIRPORT ROAD.
WHEREAS, pursuant to Parcel Split No. 147 Carroll R. Kelly dedicated to the City a
portion of Hidden Valley Road, formerly known as Macario Road, per document recorded July 25,
1974 as File No. 74-200024 of Official records of San Diego County; and
WHEREAS, subsequent alignment studies were performed and the road was realigned at
its intersection with Palomar Airport Road; and
WHEREAS, the right-of-way for the revised alignment was dedicated by the current owner
of the property, Kelly Corporate Center I; and
WHEREAS, public road improvements have been constructed per the revised alignment
of Hidden Valley Road in conformance with City standards and the requirements of the Growth
Management Plan; and
WHEREAS, the right-of-way of the previous alignment of Hidden Valley Road provides no
public purpose, nor provides usable access to adjoining properties; and
WHEREAS, the previous alignment of Hidden Valley Road has not been maintained as a
public right-of-way for a period of five years or more; and
WHEREAS, Kelly Corporate Center I, LLC, a Delaware limited liability company, the
owner, has requested that the right-of-way of the previous alignment of Hidden Valley Road be
vacated, and
WHEREAS, the vacation of this area is consistent with the General Plan: and
WHEREAS, the vacation of this excess right-of-way will result in approximately 9,600
square feet of land being returned to the tax rolls.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
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2.
That the above recitations are true and correct.
That pursuant to Division 9, Part 3, Chapter 3 of the California Streets and
Highways Code said excess right-of-way more particularly described in Exhibit A and shown for
the sake of clarity on Exhibit B be summarily vacated.
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3. That the City Clerk is hereby authorized to cause this resolution to be recorded in
the Office of the County Recorder of San Diego County.
4. From the date the resolution is recorded in the County Recorder's Office, the area
being vacated no longer constitutes a street.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
heldon the 27th dayof July , 2004 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard
NOES: None
ATTEST
(SEAL)
REVISED: OCTOBER 30, 1997
REVISED: OCTOBER 7, 1997
REVISED SEPTEMBER 8, 1997
MARCH 4, 1997
J.N.: 96-102381
EXHIBIT "A"
PR 6.132
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS DESCRIBED IN A GRANT DEED, FILE/PAGE NO. 74-200024, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 25, 1974 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS :
DEDICATION OF RIGHT-OF-WAY
INCLUDING RIGHT TO EXTEND SLOPES AND EMBANKMENTS AND DRAINAGE STRUCTURES BEYOND THE LIMITS OF SAID RIGHT-OF-WAY FOR THE
OPENING OF MACARIO ROAD AS A PUBLIC STREET
AN EASEMENT FOR STREETS AND HIGHWAY PURPOSES OVER, UNDER, ALONG AND ACROSS ALL THAT PORTION OF LOT G, RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, ON FILE IN THE OFFICE OF THE RECORDER OF SAID COUNTY, LYING 42.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTER LINE:
BEGINNING AT CORNER NO. 13 OF SAID LOT G, OF SAID RANCHO AGUA HEDIONDA; THENCE NORTH O"31'16" WEST, ALONG THE WESTERLY BOUNDARY OF SAID LOT G, 2272.53 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF PALOMAR AIRPORT ROAD (100 FEET IN WIDTH) AS PER ROAD SURVEY NO. 1534, ON FILE IN THE OFFICE OF THE SAID
COUNTY RECORDER; THENCE, ALONG THE SAID SOUTHERLY RIGHT-OF-WAY LINE NORTH 70"12'37" EAST, 614.66 FEET TO THE TRUE POINT OF' BEGINNING; THENCE SOUTH 9O47'23" EAST, 124.23 FEET. TTWEmLY-AND EASTERLY LINES SHALL BE SHORTENED OR EXTENDED TO TERMINATE IN THE SOUTHERLY LINE OF PALOMAR AIRPORT ROAD. TOGETHER WITH ALL THAT PORTION OF SAID LOT G, LYING BETWEEN THE WESTERLY LINE OF THE HEREIN DESCRIBED RIGHT- OF-WAY, A LINE THAT IS PARALLEL WITH AND 63.00 FEET SOUTHEASTERLY, MEASURED AT RIGHT ANGLES FROM THE CENTER LINE OF SAID PALOMAR AIRPORT ROAD AND THE ARC OF A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY,
SAID CURVE BEING TANGENT TO EACH OF THE SAID PARALLEL LINES AND THE
SAID WESTERLY LINE. TOGETHER WITH ALL THAT PORTION OF SAID LOT G,
LYING BETWEEN THE LAST MENTIONED PARALLEL LINE, THE EASTERLY RIGHT-
OF-WAY LINE HEREIN DESCRIBED AND A 25.00 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY, SAID CURVE BEING TANGENT TO EACH OF THE LAST TWO MENTIONED LINES.
AREA = 9,614 SQUARE FEET; .22 ACRES
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PORnONOFPARCELA,COFPARCELW
No. 2993. As RLED tN THE OmCE OF CENTERUa " VlClNfTY MAP DloIc THE RECORDER OF SAN DEGO PROPOX0 ROW VACATION ---- PARCEL UNE.
A.P.N.
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
I, Ronna Stickrod, Deputy 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. 2004-244 now on file in the Office of the
City Clerk: 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 3rd day of
Auqust , 2004 .
n
DEPUTY CLERK
(SEAL)
C
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RESOLUTION NO. 2004-244
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PORTION
OF HIDDEN VALLEY ROAD SOUTHERLY OF ITS
INTERSECTION WITH PALOMAR AIRPORT ROAD.
WHEREAS, pursuant to Parcel Split No. 147 Carroll R. Kelly dedicated to the City a
portion of Hidden Valley Road, formerly known as Macario Road, per document recorded July 25,
1974 as File No. 74-200024 of Official records of San Diego County; and
WHEREAS, subsequent alignment studies were performed and the road was realigned at
its intersection with Palomar Airport Road; and
WHEREAS, the right-of-way for the revised alignment was dedicated by the current owner
of the property, Kelly Corporate Center I; and
WHEREAS, public road improvements have been constructed per the revised alignment
of Hidden Valley Road in conformance with City standards and the requirements of the Growth
Management Plan; and
WHEREAS, the right-of-way of the previous alignment of Hidden Valley Road provides no
public purpose, nor provides usable access to adjoining properties; and
WHEREAS, the previous alignment of Hidden Valley Road has not been maintained as a
public right-of-way for a period of five years or more; and
WHEREAS, Kelly Corporate Center I, LLC, a Delaware limited liability company, the
owner, has requested that the right-of-way of the previous alignment of Hidden Valley Road be
vacated, and
WHEREAS, the vacation of this area is consistent with the General Plan; and
WHEREAS, the vacation of this excess right-of-way will result in approximately 9,600
square feet of land being returned to the tax rolls.
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 3 of the California Streets and
Highways Code said excess right-of-way more particularly described in Exhibit A and shown for
the sake of clarity on Exhibit 6 be summarily vacated.
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3. That the City Clerk is hereby authorized to cause this resolution to be recorded in
the Office of the County Recorder of San Diego County.
4. From the date the resolution is recorded in the County Recorder’s Office, the area
being vacated no longer constitutes a street.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
heldon the 27th dayof July , 2004 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard
NOES: None
ATTEST
U
(SEAL)
4
REVISED: OCTOBER 30, 1997
REVISED: OCTOBER 7, 1997 REVISED SEPTEMBER 8, 1997 MARCH 4, 1997 J.N.: 96-1023B1
EXHIBIT "A"
PR 6.132
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS DESCRIBED IN A GRANT DEED, FILE/PAGE
DIEGO COUNTY ON JULY 25, 1974 AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS :
NO. 74-200024, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DEDICATION OF RIGHT-OF-WAY INCLUDING RIGHT TO EXTEND SLOPES AND EMBANKMENTS AND DRAINAGE STRUCTURES BEYOND THE LIMITS OF SAID RIGHT-OF-WAY FOR THE
OPENING OF MACARIO ROAD AS A PUBLIC STREET
AN EASEMENT FOR STREETS AND HIGHWAY PURPOSES OVER, UNDER, ALONG AND ACROSS ALL THAT PORTION OF LOT G, RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, ON FILE IN THE OFFICE OF THE RECORDER OF SAID COUNTY, LYING 42.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED
CENTER LINE:
BEGINNING AT CORNER NO. 13 OF SAID LOT G, OF SAID RANCHO AGUA
HEDIONDA; THENCE NORTH O"31'16" WEST, ALONG THE WESTERLY BOUNDARY OF SAID LOT G, 2272.53 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF PALOMAR AIRPORT ROAD (100 FEET IN WIDTH) AS PER ROAD SURVEY NO. 1534, ON FILE IN THE OFFICE OF THE SAID
COUNTY RECORDER; THENCE, ALONG THE SAID SOUTHERLY RIGHT-OF-WAY LINE NORTH 70"12'37" EAST, 614.66 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 9 " 4 7 ' 23" EAST, 12 4.23 FEET. TrWEmYAND EASTERLY LINES SHALL BE SHORTENED OR EXTENDED TO TERMINATE IN THE SOUTHERLY LINE OF PALOMAR AIRPORT ROAD. TOGETHER WITH ALL THAT PORTION OF SAID LOT G, LYING BETWEEN THE WESTERLY LINE OF THE HEREIN DESCRIBED RIGHT- OF-WAY, A LINE THAT IS PARALLEL WITH AND 63.00 FEET SOUTHEASTERLY, MEASURED AT RIGHT ANGLES FROM THE CENTER LINE OF SAID PALOMAR AIRPORT ROAD AND THE ARC OF A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, SAID CURVE BEING TANGENT TO EACH OF THE SAID PARALLEL LINES AND THE SAID WESTERLY LINE. TOGETHER WITH ALL THAT PORTION OF SAID LOT G, LYING BETWEEN THE LAST MENTIONED PARALLEL LINE, THE EASTERLY RIGHT- OF-WAY LINE HEREIN DESCRIBED AND A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, SAID CURVE BEING TANGENT TO EACH OF THE LAST TWO MENTIONED LINES.
AREA
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= 9,614 SQUARE FEET;
'FICE\WINWORD\96-1023\LAND3.LGL
.22 ACRES
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pdRTK)N of THE SOUTH BOUNMRI UNE OF PALOMAR AIRPORT ROAD WITHIN SW" 21, T. 12 S, R 4 W, S.8.U. IKARING: N 7U12'31E. KCORDING TO K 1534.
PARCEL 'A' 'i I' I
I
.
PORTION OF PARCEL A & C OF PARCEL MAP
NO. 2993, AS FILED IN THE OmCE OF gaB
CENTERUNE
" VlClNllY MAP
DSW
1 THE COUNTY RECORDER OF W DIEGO
Icur i nc 1 CUT I .. -.."a ..
f~780-oJ1 -mm 4111. t ur I ani- REQUESTED BY: CITY OF CARLSBAD 2075 IAS PALMAS DRNE CARLSBAD, CA 92009 PATRICK N O'DAY
PHONE: (760) 438- 1 161 R.C.E. 27214 Mp. 3/31/97
MHlBll '$ A.P.N. SHOWN ABoM
DATE OCTOBER 1997 FILE NO. 74200024
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