HomeMy WebLinkAbout2005-10-04; City Council; Resolution 2005-2981
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RESOLUTION NO. 2005298
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DECLARING THE INTENTION TO
VACATE A PORTION OF SAPPHIRE DRIVE AND SETTING A PUBLIC HEARING.
WHEREAS, Saddleview, LLC has submitted an application to vacate a portion of Sapphire
Drive; and
WHEREAS, the Planning Commission did on June 16, 2004, adopt Resolution No. 5647
approving a tentative map, CT 02-07, for the Emerald Point Estates project; and
WHEREAS, the tentative map of Carlsbad Tract CT 02-07 contemplated the vacation of a
Dortion of Sapphire Drive; and
WHEREAS, a final map for CT 02-07 is currently being processed and all necessary
mprovements will be completed or secured prior to recordation of a resolution of vacation; and
WHEREAS, the City Engineer has determined that this portion of Sapphire Drive is not
ieeded 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,
Salifornia, 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
Sapphire Drive 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
lacation 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
Jillage Drive, Carlsbad, California, at 6:OO p.m., on Nowmber 8, 2005.
Ill
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5. That the City Clerk is instructed to publish this resolution of intention in the local
newspaper and the City Engineer is instructed to post such notices along the site in accordance
with the California Streets and Highways Code.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 4th day of October , 2005 by the following vote, to wit:
AYES:Council Members Lewis, Hall, Packard, Sigafoose
NOES: None
ABSENT: CoupFil Member Kulchin/)
4TTEST
LORRAINE M. WOeD, City Clerk ’ I (SEAL)
5-
EXHIBIT "Ayy
LEGAL DESCRIPTION
THAT PORTION OF SAPPHIRE DRIVE AS SHOWN AND DEDICATED TO PUBLIC USE ON
CITY OF CARLSBAD TRACT 84-32 (A) UNIT NO. 1 (COBBLESTONE SEA VILLAGE), IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 13428, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, JUNE 3,1997, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION WITH THE NORTHERLY RIGHT OF WAY LINE OF
SAID SAPPHIRE DRIVE AND THE WESTERLY BOUNDARY OF SAID MAP NO. 13428, SAID
POINT BEING ON THE ARC OF A 330.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY,
A RADIAL LINE TO SAID POINT BEARS NORTH 13'07'44" WEST (NI 3"41'59"W PER MAP
NO. 13428); THENCE EASTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE AND
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39'28'13", A DISTANCE OF
227.33 FEET (39'27'59", 227.31' PER MAP NO. 13428); THENCE CONTINUING ALONG SAID
NORTHERLY RIGHT OF WAY LINE SOUTH 63'39'31" EAST (S64'14'00"E PER MAP NO.
13428), 72.08 FEET TO THE BEGINNING OF A 90.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT OF WAY
LINE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH THE CENTRAL
ANGLE OF 07'04'37" (07'04'38 PER MAP NO. 13428), A DISTANCE OF 11 .I2 FEET;
THENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINE NON-TANGENT NORTH
70'44'08" WEST, 32.47 FEET TO THE BEGINNING OF A 90.00 FOOT RADIUS CURVE
CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 07"04'37", A DISTANCE OF 11 .I2 FEET;
THENCE NORTH 63'39'31" WEST, 37.58 FEET TO THE BEGINNING OF A 228.00 FOOT
RADIUS CURVE, CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 43"26'49", A DISTANCE OF 172.89 FEET;
THENCE SOUTH 72'53'40" WEST, 29.42 FEET TO A POINT ON SAID WESTERLY
BOUNDARY OF SAID MAP NO. 13428; THENCE ALONG SAID WESTERLY BOUNDARY
NORTH 45"00'30" WEST (N45O35'07" W PER MAP NO. I 3428), 35.79 FEET TO THE POINT
OF BEGINNING.
PAGE 1 OF 2
:LL M:\2339\018\Legal DescriptionsWOl Sapphire Drive Vacation.doc
WO 2339-1 8 811 7/05
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.076 ACRE MORE OR
LESS.
DAVID W. AMBLER ' L.s/7322
HUNSAKER &ASSOCIATES SAN DIEGO, INC.
PAGE 2 OF 2
:LL M:\2339\018Legal DescriptionsWOl Sapphire Drive Vacation.doc WO 2339-1 8 811 7/05
-7
VICINITY MAP
N TS
LEGEND
Po 0. B. INDICATES POINT OF BEGINNING
( ) 1NDICMTE.S RECORD DATA PER MAP NO. 13428
~771 INDICATES PORTlON OF S4PPHIRE DRIVE TO BE VACATED ARM - 0.076 ACRE
.. .
MNG mHnnacmsm
SURVMNG ~sb4Mo~~)55b~ E"c sMDie(o.(im
SHEET 1 OF 2 ?: \ 0608 \ &MP \ VP Sapphire Drive SHT 0 I. DWG[ 04ug- 16-2005: 15:37
VACA77ON PLAT - Cl7Y OF cARLs&I\o
SHEET 2 OF 2 ':\0608\&MP\ VP Sapphire Drive SHT 02.DWG[O]Auq- 16-2005: 16:4 1
PREPARED BY PPUCANT: PROJECT: A.P.N.:
TRACT NO. 02-07
I I
EXHIBIT "B"