HomeMy WebLinkAbout2004-07-27; City Council; Resolution 2004-245DOC # 2004-0740755
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 DIEGO COUNTY RECORDER'S OFFICE GREhOR'Y J. SMITH, COUNTY RECORDER FEES: 0.00 PAGE 5 6
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
Resolution No. 2004-245
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, SUMMARILY VACATING AN
IRREVOCABLE OFFER OF DEDICATION FOR A PORTION OF
HIDDEN VALLEY ROAD SOUTHERLY OF ITS
INTERSECTION WITH PALOMAR AIRPORT ROAD
\Word\County RecorderKecorder Cover Sheet.doc
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RESOLUTION NO. 2004-245
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, SUMMARILY VACATING AN
IRREVOCABLE OFFER OF DEDICATION FOR A PORTION OF
HIDDEN VALLEY ROAD SOUTHERLY OF ITS INTERSECTION
WITH PALOMAR AIRPORT ROAD.
WHEREAS, pursuant to Parcel Split No. 147 Carroll R. Kelly made an irrevocable offer of
dedication to the City of a portion of Hidden Valley Road, formerly known as Macario Road, per
document recorded July 25, 1974 as File No. 74-200027 of Official records of San Diego County;
snd
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 properly, 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 irrevocably offered for the previous alignment of Hidden
Valley Road provides no public purpose, nor provides usable access to adjoining properties; and
WHEREAS, the irrevocable offer of dedication for the previous alignment of Hidden Valley
Road was not accepted by the City; and
WHEREAS, Kelly Corporate Center I, LLC, a Delaware limited liability company, the
owner, has requested that the irrevocable offer of dedication of the right-of-way of the previous
alignment of Hidden Valley Road be terminated and abandoned, and
WHEREAS, the irrevocable offer of dedication may be terminated and abandoned in the
same manner as prescribed for the summary vacation of streets of the Streets and Highways
Code.
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.
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2. That pursuant to Division 9, Part 3 (commencing with Section 8300), of the
Zalifornia Streets and Highways Code said irrevocable offer of dedication more particularly
jescribed in Exhibit A and shown for the sake of clarity on Exhibit B be summarily vacated.
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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Cartsbad City Council
7eldonthe 27th dayof July , 2004 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard
NOES: None
CLAUDEA. LEWWMaflY yI Vv Ir-
ATTEST:
(SEAL)
..
MARCH 4, 1997 REVISED: SEPTEMBER 8, 1997 REVISED: OCTOBER 7, 1997 REVISED: OCTOBER 30, 1997 J.N.: 96-1023B1
EXH I B I T "A "
PR 6.133
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS DESCRIBED IN AN OFFER OF
DEDICATION, FILE/PAGE NO. 74-200027, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 25, 1974 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
IRREVOCABLE OFFER TO DEDICATE 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 0'31'16" 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; THENCE SOUTH 9'47'23"
EAST, 124.23 FEET TO THE TRUE POINT OF BEGINNING; THENCE,
CONTINUING SOUTH 9'47 '23" EAST751 .mEET-TO THE BEGINNING OF A
TANGENT 800.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE
SOUTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 29'30'52", AN ARC DISTANCE OF 412.10 FEET TO A POINT OF REVERSE CURVATURE WITH A 800.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 22"51'42", AN ARC DISTANCE OF 319.21 FEET TO
THE TERMINUS OF SAID LINE AND TO A POINT ON A LINE THAT BEARS NORTH 86'51'47" EAST FROM A POINT IN THE WESTERLY BOUNDARY OF SAID LOT G, SAID POINT BEING NORTH 0'31'16" WEST, ALONG SAID BOUNDARY, 1,559.59 FEET FROM CORNER NO. 13 OF SAID LOT G.
AREA = 65,714 SQUARE FEET; 1.51 ACRES
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RIGHT OF WAY VACATION
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PR 6.133 -blrrnb9200 -+
REQUESTED BY:
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FllE NO. 74-200027 PHONE: (760) 438-1161 )kc.€. 27214 UP. 3/31/01
1 ME COUNM RECOfU)€R OF SAN MEGO PRoeoGEDRo
SHT. 1 OF I SHT.
A.P.N. 3-
DATE NOV. 97
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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. 2004-245 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 .
RONNA STICKROD
DEPUTY CLERK
(SEAL)
C
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RESOLUTION NO. 2004-245
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, SUMMARILY VACATING AN
IRREVOCABLE OFFER OF DEDICATION FOR A PORTION OF
HIDDEN VALLEY ROAD SOUTHERLY OF ITS INTERSECTION
WITH PALOMAR AIRPORT ROAD.
WHEREAS, pursuant to Parcel Split No. 147 Carroll R. Kelly made an irrevocable offer of
dedication to the City of a portion of Hidden Valley Road, formerly known as Macario Road, per
document recorded July 25, 1974 as File No. 74-200027 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 irrevocably offered for the previous alignment of Hidden
Valley Road provides no public purpose, nor provides usable access to adjoining properties; and
WHEREAS, the irrevocable offer of dedication for the previous alignment of Hidden Valley
Road was not accepted by the City; and
WHEREAS, Kelly Corporate Center I, LLC, a Delaware limited liability company, the
owner, has requested that the irrevocable offer of dedication of the right-of-way of the previous
alignment of Hidden Valley Road be terminated and abandoned, and
WHEREAS, the irrevocable offer of dedication may be terminated and abandoned in the
same manner as prescribed for the summary vacation of streets of the Streets and Highways
Code.
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.
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2. That pursuant to Division 9, Part 3 (commencing with Section 8300), of the
California Streets and Highways Code said irrevocable offer of dedication more particularly
described in Exhibit A and shown for the sake of clarity on Exhibit B be summarily vacated.
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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 27th dayof July , 2004 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard
NOES: None A
ATTEST:
(SEAL)
MARCH 4, 1997 REVISED: SEPTEMBER 8, 1997 REVISED: OCTOBER 7, 1997 REVISED: OCTOBER 30, 1997 J.N.: 96-1023B1
EXHIBIT "A"
PR 6.133
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS DESCRIBED IN AN OFFER OF DEDICATION, FILE/PAGE NO. 74-200027, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 25, 1974 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
IRREVOCABLE OFFER TO DEDICATE 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; THENCE SOUTH 9'47'23" EAST, 124.23 FEET TO THE TRUE POINT OF BEGINNING; THENCE,
CONTINUING SOUTH 9'47'23" EAST,l.OO FEET-TO THE BEGINNING OF A TANGENT 800.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE
SOUTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 29"30'52'', AN ARC DISTANCE OF 412.10 FEET TO A POINT OF REVERSE CURVATURE WITH A 800.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 22'51'42", AN ARC DISTANCE OF 319.21 FEET TO
THE TERMINUS OF SAID LINE AND TO A POINT ON A LINE THAT BEARS NORTH 86'51'47" EAST FROM A POINT IN THE WESTERLY BOUNDARY OF
SAID LOT G, SAID POINT BEING NORTH 0'31'16" WEST, ALONG SAID BOUNDARY, 1,559.59 FEET FROM CORNER NO. 13 OF SAID LOT G.
AREA = 65,714 SQUARE FEET; 1.51 ACRES
VICINITY MAP I
WDSOLE
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PR 6.133 76O-Wl-77w sln+lq
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REQUESTED BY:
2075 IAS PALMAS DRM
CARLSBAD, CA 92009 EXHIBIT "8' FOR
aw OF CARLSW
FILE NO. 74-200027 PHONE: (760) 438-1 161
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SHT. 1 OF 1 SHT.
A.P.N. SHOWN ABOVE
DATE NOV. 97
-a CORNER /13
LOT *C
RANCHO AGUA
HEDIONO A
PORTION OF PARCEL 4 B & C OF PARCEL
MAP NO. 2993, AS FILED IN THE omcE OF ME COUNTY RECORDER OF SAN DIEGO
CENTERUNE
PROPOSED ROU
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