HomeMy WebLinkAbout2006-09-12; City Council; Resolution 2006-2571
RESOLUTION NO. 2006-257
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, SUMMARILY VACATING WHITNEY PLACE
(STV 05-04).
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WHEREAS, a request has been made to vacate Whitney Place; and
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WHEREAS, Whitney Place presently has excess right-of-way; and
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WHEREAS, the City Engineer has determined that the excess right-of-way is not
required for present or future street purposes; and8
WHEREAS, the excess right-of-way provides no public street purpose and would not bey
useful as a non-motorized transportation facility; and
WHEREAS, the proposed vacation is consistent with the General Plan of the City; and
WHEREAS, the vacation of this excess right-of-way will result in approximately 22,352
square feet (0.514 acres) of land being returned to the tax rolls; and
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WHEREAS, utility companies will have easements to accommodate facilities within the
... area to be vacated.To
16 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
17 California, as follows:
1 o 1 • That the above recitations are true and correct.
2. That pursuant to Division 9, Part 3, Chapter 4 of the California Street and
Highways Code, said excess right-of-way more particularly described in Exhibit A, and shown for
the sake of clarity in Exhibit B, be summarily vacated.
3. The City Clerk is directed to record this resolution 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
vacated no longer constitutes a public street.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 12th day of September, 2006, by the following vote:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: None
A LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk,,,,,,,,,
721*7
RECORDING REQUESTED BY:
Carlsbad City Clerk's Office
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
DQC# 2006-0672623
SEP 21, 2006 12:03 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 0.00
PAGES: 12
2006-0672623
SPACE ABOVE THIS LINE FOR RECORDER'S USE
City of Carlsbad
Resolution No. 2006-257
of
September 12. 2006
AB 18,709
7218
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO ) ss.
I, Sheila R. Cobian, 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 OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD. CALIFORNIA. SUMARILY VACATING WHITNEY PLACE (STV 05-
04) with the original now on file in the Office of the City Clerk of the City of
Carlsbad: 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 4TH day
of August 2006.
I COBIAN
DEPUTY CITY CLERK
(SEAL)
7219
RESOLUTION NO. 2006-257
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, SUMMARILY VACATING WHITNEY PLACE
(STV 05-04).
4
WHEREAS, a request has been made to vacate Whitney Place; and
5
WHEREAS, Whitney Place presently has excess right-of-way; and
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WHEREAS, the City Engineer has determined that the excess right-of-way is not
required for present or future street purposes; and
WHEREAS, the excess right-of-way provides no public street purpose and would not be
useful as a non-motorized transportation facility; and
WHEREAS, the proposed vacation is consistent with the General Plan of the City; and
WHEREAS, the vacation of this excess right-of-way will result in approximately 22,352
square feet (0.514 acres) of land being returned to the tax rolls; and
WHEREAS, utility companies will have easements to accommodate facilities within the
area to be vacated.
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.
Highways Code, said excess right-of-way more particularly described in Exhibit A, and shown for
the sake of clarity in Exhibit B, be summarily vacated.
3. The City Clerk is directed to record this resolution 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
vacated no longer constitutes a public street.
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7220
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 12th day of September, 2006, by the following vote:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: None
A LEWIS, Mayor
ATTEST:
_
LORRAINE M. WOOD, City Clerk
(SEAD
7221
EXHIBIT 'A'
LEGAL DESCRIPTION
STREET VACATION
PARCEL 'A'
STV 05-04
BEING A PORTION OF LOT 37 OF MAP NO. 14960 PER DOC. NO. 2005-0096673, OF
OFFICIAL RECORDS, RECORDED FEB. 04, 2005, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 35 OF MAP 14960, THE
POINT OF BEGINNING, THENCE SOUTH 90°00'00" EAST ALONG THE
SOUTHERLY LINE OF LOT 36,51.96 FEET TO THE BEGINNING OF A NON-
TANGENT 60.00-FOOT RADIUS
CURVE CONCAVE WESTERLY;
THENCE ALONG THE ARC OF SAID
CURVE A RADIAL TO SAID POINT
BEING 60°00'00"
1. SOUTHEASTERLY 51.03 FEET THROUGH A CENTRAL ANGLE OF
48°43'47"; THENCE
2 SOUTH 18°43'47" WEST 50.00 FEET TO THE BEGINNING OF A TANGENT
90.00-FOOT RADIUS CURVE
CONCAVE EASTERLY; THENCE
ALONG THE ARC OF SAID CURVE
3. SOUTHERLY 29.42 FEET THROUGH A CENTRAL ANGLE OF
18°43'47" THENCE
4. SOUTH 00°00'00" WEST 80.50 FEET TO THE BEGINNING OF A TANGENT
25.00-FOOT RADIUS CURVE
CONCAVE NORTHEASTERLY; THENCE
ALONG THE ARC OF SAID CURVE
5. SOUTHEASTERLY 37.93 FEET; THROUGH A CENTRAL ANGLE OF
86°55'32" TO THE NORTHERLY RIGHT-OF-
WAY LINE OF GATEWAY ROAD; THENCE
TANGENT TO SAID CURVE ALONG SAID
NORTHERLY RIGHT-OF-WAY LINE
6. NORTH 86°55'25" WEST 59.74 FEET; THENCE LEAVING SAID NORTHERLY
Page 1 of2
RIGHT-OF-WAY LINE 7222
7. NORTH 00°00'00" EAST 227.78 FEET TO THE POINT OF BEGINNING.
CONTAINS 0.232 ACRES MORE OR LESS
AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART HEREOF.
RUDY P. PACHECO
EXPIRATION DATE:
# 57/7
SEAL
Page 2 of 2
7223EXHIBIT 'A'
LEGAL DESCRIPTION
STREET VACATION
PARCEL 'B'
STV 05-04
BEING A PORTION OF LOT 36 OF MAP NO. 14960 PER DOC. NO. 2005-0096673, OF
OFFICIAL RECORDS, RECORDED FEB. 04, 2005, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 35 OF MAP 14960, THE
POINT OF BEGINNING; THENCE NORTH 00°00'00" EAST ALONG THE WESTERLY
LOT LINE OF SAID LOT 36, 30.00 FEET TO THE BEGINNING OF A NON-TANGENT
60.00- FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY; THENCE
ALONG THE ARC OF SAID CURVE WITH
A RADIAL TO SAID POINT BEING
SOO°00'00"W
1. SOUTHEASTERLY 62.83 FEET THROUGH A CENTRAL ANGLE OF
60°00'00"; THENCE
2 NORTH 90°00'00" WEST 51.96 FEET TO THE POINT OF BEGINNING.
CONTAINS 0.025 ACRES MORE OR LESS
AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART OF.
RU6Y P. PACHECO '/ LS/feSE-# 57/7
EXPIRATION DATE: .
SEAL
Page 1 of 1
"7
7224
EXHIBIT 'A'
LEGAL DESCRIPTION
STREET VACATION
PARCEL 'C'
STV 05-04
BEING A PORTION OF LOT 35 OF MAP NO. 14960 PER DOC. NO. 2005-0096673, OF
OFFICIAL RECORDS, RECORDED FEB. 04, 2005, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 35 OF MAP 14960, THE
POINT OF BEGINNING, THENCE NORTH 90°00'00" WEST ALONG THE
SOUTHERLY LOT LINE OF SAID LOT 35, 51.96 FEET TO THE BEGINNING OF A
NON- TANGENT 60.00-FOOT RADIUS
CURVE CONCAVE SOUTHEASTERLY;
THENCE ALONG THE ARC OF SAID
CURVE WITH A RADIAL TO SAID POINT
BEARING NOO°00'00"W
1. NORTHEASTERLY 62.83 FEET THROUGH A CENTRAL ANGLE OF
60°00'00"; THENCE
2 SOUTH 00°00'00" WEST 30.00 FEET TO THE POINT OF BEGINNING.
CONTAINS 0.025 ACRES MORE OR LESS
AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART THEREOF.
RUDY P. PACHECO / LS/ftgE # 57/7
EXPIRATION DATE:
SEAL
Page 1 of 1
EXHIBIT'A' '225
LEGAL DESCRIPTION
STREET VACATION
PARCEL 'D'
STV 05-04
BEING A PORTION OF LOT 34 OF MAP NO. 14960 PER DOC. NO. 2005-0096673, OF
OFFICIAL RECORDS, RECORDED FEB. 04, 2005, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 35 OF MAP 14960, THE
POINT OF BEGINNING; THENCE SOUTH 00°00'00" WEST ALONG THE EASTERLY
LOT LINE OF LOT 34, 227.78 FEET TO THE
NORTHERLY RIGHT-OF-WAY LINE OF
GATEWAY ROAD; THENCE ALONG SAID
NORTHERLY RIGHT-OF-WAY
1. NORTH 86°55'25" WEST 62.43 FEET TO THE BEGINNING OF A TANGENT
25.00-FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY; THENCE ALONG THE
ARC OF SAID CURVE
2 NORTHEASTERLY 40.61 FEET THROUGH A CENTRAL ANGLE OF
93°04'35"; THENCE
3. NORTH OOWOO" EAST 73.95 FEET TO THE BEGINNING OF A TANGENT
90.00-FOOT RADIUS CURVE CONCAVE
NORTHERLY; THENCE ALONG THE ARC
OF SAID CURVE
4. NORTHWESTERLY 29.42 FEET THROUGH A CENTRAL ANGLE OF
18°43'46"; THENCE
5. NORTH 18°43'47" WEST 50.00 FEET TO THE BEGINNING OF A TANGENT
60.00-FOOT RADIUS CURVE CONCAVE
NORTHERLY; THENCE ALONG THE ARC
OF SAID CURVE
6. NORTHEASTERLY 51.03 FEET THROUGH A CENTRAL ANGLE OF
48°43'47"; THENCE
7. SOUTH 90°00'00" EAST 51.96 FEET TO THE POINT OF BEGINNING.
Page 1 of2
AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART HEREOF.7226
CONTAINS 0.232 ACRES MORE OR LESS
RUDY P. PACHECO
EXPIRATION DATE:
LS/ftgE # 57/7
SEAL
Page 2 of2
EXHIBIT 'B'
PROJECT LOCATION
THIS PROJECT IS LOCA TED WITHIN ASSESSORS PARCEL
NUMBERS 213-263-02, 03, 04 & 05
LEGAL DESCRIPTION:
LOTS 34-37 OF MAP NO. 14960
VICINITY HAP
NOT TO SCALE
7227
CURVE DATA:
PARCEL 'A -PORTION OF STREET TO BE VACATED
AREA = 10,088.64 SO. FT. (0.232 AC)
PARCEL 'B -PORTION OF STREET TOM VACATED
AREA = 1,105.53 SO. FT. (0.025 AC)
PARCEL 'C'-PORTION OF STREET TO BE VACATED
AREA - 1,105.53 SO. FT. (0.025 AC)
PARCEL V-PORTION OF STREET TO BE VACATED
AREA = 10,052.61 SO. FT. (0.232 AC)
35' LANDSCAPE MAINTENANCE
EASEMENT TO BE MAINTAINED BY
PROPERTY OWNER'S ASSOCIATION
/3\ 25' LANDSCAPE MAINTENANCE
EASEMENT TO BE VACATED
P.OA - POINT OF BEGINNING
(R) = INDICATES RADIAL BEARING
PARTNERS
Planning and Engineering
15938 Bernardo Center Dr.
San Diego, CA. 92127
Ph. (858) 376-3444 •
Fax: (858) 376-3555
NO.
C1
C2
C3
C4
C5
C6
C7
C8
DELTA
86'55'25*
18'43'4r
48'43'4r
60'00'OD"
60'OOW
48'43'4r
18"43'46"
93'04'35"
ARC
37.93'
29.42'
51.03'
62.83'
62.83'
51.03'
29.42'
40.61'
RADIUS
25.00'
90.00'
60.00'
60.00'
60.00'
60.00'
90.00'
25.00'
OWNER/DEVELOPER:
SPECTRUMFLEX, LLC
4350 EXECUTIVE DRIVE, SUITE 301
SAN DIEGO, CA 92121
858-558-5620
BASIS OF BEARINGS
THE BASIS OF BEARINGS FOR THIS PLAT IS THE SOUTHERLY
PROPERTY LINE OF LOT 35 OF MAP 14960.
/.£ N90WWW
RUDY P. PACHECO, LS. NO. 5717
MY REGISTRATION EXPIRES 09/30/07
CITY OF CARLSBAD
DATE:08-11-05
SCALE: 1" = 100'
A.P.N.
213-263-02, 03, 04 A 05
STY 05-04
VACATIONSi
LOTS 34-37 OF MAP 14960
DRAWN BY:
PARTNERS ENG'G.
STV 05-04
SHEET:1 OF2
EXHIBIT 'B'
PALOMAR AIRPORRD
R=2836.54'
L*
7228
769S?
1a§
S!3r
**8B
D=06'45'02" L=334.20'
PARCEL tt
LOT 35
BASIS OF BEARINGS
N90W'00"W
PARCEL*'
LOT 36
,'nn*^L-
N90WWW
334.00'334.01
( \^i-/ICY)9'A9*J^~D=p6V2'42
^336.00'
L=35.45'
LANDSCAPE MAINTENANCE
EASEMENT PER MAP 14960
PARCELV
LOT 34 N18'43'47"W
50.00'PARCEL'A'
LOT 37
LANDSCAPE MAINTENANCE
EASEMENT PER MAP 14960
N86"S5'25"W
GATEWAY ROAD
R/W
* SEE SHEET I OF 2
FOR CURVE DATA TABLE
PARTNERS
Planning and Engineering
15938 Bernardo Center Dr.
San Diego, CA. 92127
Ph. (858) 376-3444 _
Fax: (858) 376-3555 RUDY P. PACHECO, LS. NO.'5717
MY REGISTRATION EXPIRES 09/30/07
§
r//t>fa
CITY OF CARLSBAD
DATE:08-11-05
SCALE: 1" = JOO'
A.P.N.213-263-02. 03. 04 & 05
STY 05-04
STREET VACATION
LOTS 34-37 OF MAP 14960
DRAWN BY:
PARTNERS ENG'G.
STV 05-04
SHEET:2 OF2