HomeMy WebLinkAbout2005-11-08; City Council; Resolution 2005-3281
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RESOLUTION NO. 2005328
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO VACATE A PORTION OF
SAPPHIRE DRIVE.
WHEREAS, Saddleview, LLC, a Delaware Limited Liability Company 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
portion of Sapphire Drive; and
WHEREAS, on October 4, 2005 City Council approved Resolution no. 2005-298
declaring the intention to vacate a portion of Sapphire Drive and setting a public hearing for
November 8,2005; and
WHEREAS, a final map for CT 02-07 providing the realigned right-of-way Sapphire Drive
is currently approved by the City Engineer; and
WHEREAS, with Sapphire Drive realigned as part of CT 02-07, the excess right-of-way
along Sapphire Drive provides no public purpose and would not be useful as a non-motorized
transportation facility, therefore, the City Engineer has determined this portion of Sapphire Drive is
not needed for present or future street purposes and; and
WHEREAS, the proposed vacation is in accordance with the Growth Management Policies
and is consistent with the General Plan of the City; and
WHEREAS, all publication and posting of notices regarding the proposed vacation of
Sapphire Drive have been performed as required by law; and
WHEREAS, the City received one letter among the utility companies noticed whereby SBC
is requesting an easement be reserved over that portion of Sapphire Drive being vacated; and
WHEREAS, the City Council did hear the evidence offered by all persons interested in
said vacation and does hereby find that this portion of Sapphire Drive is unnecessary for present
or prospective street purposes.
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, Chapter 3 of the California Street and
Highways Code, that portion of Sapphire Drive, as described in Exhibit A and shown for the sake
of clarity on Exhibit B, is hereby vacated, closed up, and abandoned for public street purposes.
3.
4. That the City Clerk is directed to record this resolution, the attached legal
That an easement for public utility purposes is hereby reserved from the vacation.
description and plat 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 8th day of November , 2005 by the following vote, to wit:
AYES: Council Ifembers Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: No
ATTEST
(SEAL)
8
EXHIBIT "A"
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 (N13'41'59W 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 BEGlNNlNG 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 11.12 FEET;
70'44'08" WEST, 32.47 FEET TO THE BEGINNING OF A 90.00 FOOT RADIUS CURVE
THENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINE NON-TANGENT NORTH
CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 07"04'37, A DISTANCE OF 11.12 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 ME ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 43"26'49", A DISTANCE OF 172.89 FEET;
BOUNDARY OF SAID MAP NO. 13428; THENCE ALONG SAID WESTERLY BOUNDARY
NORTH 45'00'30" WEST (N45'35'07" W PER MAP NO. 13428), 35.79 FEET TO THE POINT
OF BEGINNING.
*
THENCE SOUTH 72'53'40" WEST, 29.42 FEET TO A POINT ON SAID WESTERLY
PAGE 1 OF 2 :UM.\2339\01S!LegalDasdptionsMOl SapphireDrhroVaeption.doc wo2339-18 at171D5
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THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.076 ACRE MORE OR
LESS.
DAVID W. AMBLER ' Ld7322
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 2 OF 2 :U MU3391018lLegal DaSaiptknsMOl Sapphire Drive Vacation.dac WO 2339-18 W17m
VICINITY MAP
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I p. 0. B. INDICATES POINT OF BEGINNING
INDICATES RECORD DATA PER ( ) MAP NO. 13428
INDICATES PORllON OF WPHIRE DRIVE TO BE VACATED
ARB - 0.076 ACRE I
"SAKER
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SAM OIEGO, INC
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PPUW PREPARED By: PROJECT: AP.N.:
TRACT NO. 02-07 IRI T
DOC # 2005-1 001 1 16
RECORDING REQUESTED BY:
Carlsbad City Clerk's Office
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
I llll1111 Ill 11111 11111 111ll1111111111111ll Ill11 11111 11111 111ll11111111
NOV 18,2005 8:48 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, CUUNTY RECORDER
FEES: 0.00 PAGES: 8
I111111 1111 1111 11111 11111 1111 Ill11 Ulll MI11 lllll Ill11 1111 Ill11 Ill11 111 1111
SPACE ABOVE THIS LINE FOR RECORDER'S USE
City of Carlsbad
Resolution No. 2005-328
November 8,2005
County Recorderbtecorder Cover Sheet.doc
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RESOLUTION NO. 2005-328
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO VACATE A PORTION OF
SAPPHIRE DRIVE.
WHEREAS, Saddleview, LLC, a Delaware Limited Liability Company 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
portion of Sapphire Drive; and
WHEREAS, on October 4, 2005 City Council approved Resolution no. 2005-298
declaring the intention to vacate a portion of Sapphire Drive and setting a public hearing for
November 8, 2005; and
WHEREAS, a final map for CT 02-07 providing the realigned right-of-way Sapphire Drive
is currently approved by the City Engineer; and
WHEREAS, with Sapphire Drive realigned as part of CT 02-07, the excess right-of-way
along Sapphire Drive provides no public purpose and would not be useful as a non-motorized
transportation facility, therefore, the City Engineer has determined this portion of Sapphire Drive is
not needed for present or future street purposes and; and
WHEREAS, the proposed vacation is in accordance with the Growth Management Policies
and is consistent with the General Plan of the City; and
WHEREAS, all publication and posting of notices regarding the proposed vacation of
Sapphire Drive have been performed as required by law; and
WHEREAS, the City received one letter among the utility companies noticed whereby SBC
is requesting an easement be reserved over that portion of Sapphire Drive being vacated; and
WHEREAS, the City Council did hear the evidence offered by all persons interested in
said vacation and does hereby find that this portion of Sapphire Drive is unnecessary for present
or prospective street purposes.
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, Chapter 3 of the California Street and
Highways Code, that portion of Sapphire Drive, as described in Exhibit A and shown for the sake
of clarity on Exhibit 6, is hereby vacated, closed up, and abandoned for public street purposes.
3.
4.
That an easement for public utility purposes is hereby reserved from the vacation.
That the City Clerk is directed to record this resolution, the attached legal
description and plat 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 8th day of November , 2005 by the following vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: No
4TTEST
EXHIBIT "A"
LEGAL DESCRlPTlON
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
CIN 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 ME INTERSECTION WITH THE NORTHERLY RIGHT OF WAY LINE OF
SAID SAPPHIRE DRIVE AND THE WESTERLY BOUNDARY OF SAlD 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 (N13'41'59W 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"3931" 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 11.12 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 SAlD
CURVE THROUGH A CENTRAL ANGLE OF 07V4'37, A DISTANCE OF 11.12 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 ME ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 43"26'49', A DISTANCE OF 172.89 FEET;
BOUNDARY OF SAID MAP NO. 13428; THENCE ALONG SAID WESTERLY BOUNDARY
NORTH 45"0030" WEST (N45'35'07" W PER MAP NO. 13428), 35.79 FEET TO THE POINT
OF BEGINNING.
THENCE SOUTH 72'53'40' WEST, 29.42 FEET TO A POINT ON SAID WESTERLY
PAGE 1 OF 2 :u M'U339a01-d ~Onr\AOl sapphh m v.cotbn.doc WO2339-18 8/17105
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.076 ACRE MORE OR
LESS.
PAGE 2 OF 2 :U M:\2339U)lB\lm0al DeauiphnsWl Sapphim Drhra V-doc WO233B-18 8/17/05
‘I
VICINITY MAP
mGEND
p. 0. Be INDICATES POINT OF BEGINNING
INDICA TES RECORD DATA PER ( W NO. 13428
wym INDICATES POR7lON OF [//A WPHIRE DRE TO BE VACATED ARGI - 0.076 ACRE
NTS
PPUCANT: PREPARED By: PROJECT: AP.N.:
TRACTNO. 02-07 IT
a
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. 2005-328 VACATING A PORTION OF SAPPHIRE
DRIVE, with the original now on file in the Office of the City Clerk of the City of
Carlsbad; and 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 17th day of
November, 2005.
(SEAL)