Loading...
HomeMy WebLinkAbout2006-11-07; City Council; Resolution 2006-319RECORDING REQUESTED BY: Carlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 A- DOC# 2006-0855633 DEC 01,2006 3:01 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY,! SMITH, COUNTY RECORDER FEES: 0 00 PAGES: 14 2006-0855633 SPACE ABOVE THIS LINE FOR RECORDER'S USE City of Carlsbad Resolution No. 2006-319 of November 7. 2006 AB 18,783 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 NO. 2006-319 SUMMARILY VACATING SLOPE. CONSTRUCTION AND WATER EASEMENTS NEAR THE NORTHEAST CORNER OF AVIARA PARKWAY AND POINSETTIA LANE (APN 214-550-01 AND 215-070-36) BACK TO THE UNDERLYING PROPERTY OWNER 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 7th day of November 2006. AK,;.^SHEILA RcoBiAN DEPUTY CITY CLERK (SEAL) ''•,:: * * ^ "mU'.^ 1 RESOLUTION NO. 2006-319 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 4 5 PROPERTY OWNER. 6 WHEREAS, Calvary Chapel - North Coast, a California Non-Profit Corporation, has submitted a request for a summary vacation on property located near the northeast corner of Aviara Parkway and Poinsettia Lane of slope and/or construction easements acquired per Doc. 1999-0740360 recorded November 5, 1999; Doc. 1996-0578777 recorded November 15, •/- / 13860 CARLSBAD, CALIFORNIA, SUMMARILY VACATING FOUR SLOPE AND CONSTRUCTION EASEMENTS AND ONE WATER EASEMENT NEAR THE NORTHEAST CORNER OF AVIARA PARKWAY AND POINSETTIA LANE (ASSESSOR PARCEL NOS. 214-550-01 AND 215-070-36) BACK TO THE UNDERLYING 1996; Doc. 1997-0651331 recorded December 22, 1997 as of Official Records of San Diego County within San Diego County; and of a water easement acquired per Parcel 'D' per Doc. 1997- 0651331 recorded December 22, 1997 in the Official Records of San Diego County; and WHEREAS, in 1997, the City condemned said slope and/or construction easements and a 10 11 12 13 M water easement fronting then Alga Road; and14 WHEREAS, in 1999, the City condemned said slope and/or construction easements 15 fronting Poinsettia Lane; and 16 WHEREAS, said easements are defined as public service easements per Section 8306 of the California Streets and Highways Code; and 18 WHEREAS, said public service easements have not been used for the purpose for which they were acquired for five consecutive years and are not now, nor are they contemplated to be, needed for slope construction and maintenance purposes or water facility purposes in the future; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest to summarily vacate said public service easements. 19 20 21 22 23 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:25 1. That the above recitations are true and correct. 26" 27 28 13861 2. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highway Code, said public service easements more particulary described in Exhibit A of PR 05-63, PR 05-66, PR 05-67 and PR 05-92, and shown for the sake of clarity in Exhibit B of PR 05-63, PR 05-66, PR 05-67 and PR 05-92, be summarily vacated. 3. The City Clerk is directed to record this resolution, the attached legal descriptions5 and plats in the Office of the County Recorder of San Diego County.6 4. From the date the resolution is recorded in the County Recorder's office, the area vacated no longer constitutes a public service easement.8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13862 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 7th day of November, 2006, by the following vote: AYES: Council Members Lewis, Hall, Packard, Sigafoose NOES: None ABSENT: Council Member Kulchin LORRAINE M. WOOU, City Clerk' (SEAL) FEBRUARY 24, 2006 J.N. 021043 PAGE 1 OF 1 -H5- EXHIBIT 'A' VACATION OF EASEMENTS 13863 APN 215-070-36 PR 05-63 LEGAL DESCRIPTION ALL THOSE PORTIONS OF CERTAIN PARCELS 2, 3, 4, AND 5 FOR SLOPE AND CONSTRUCTION EASEMENTS IN FAVOR OF THE CITY OF CARLSBAD ACQUIRED PER DOCUMENTS RECORDED NOVEMBER 5, 1999 AS DOC. 1999-0740360 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY WITHIN THE FOLLOWING DESCRIBED REAL PROPERTY: THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22 TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. O:\Legal_Descriptions\971039\PR05-63.doc 1 T 13864 1 \ \ LOT 1 OFC.T. 91-12MARINERSPT. UNIT 1, PER MAP NO. 13394 REC. JAN 24, 1997 N.W. 1/4 OF THES.W. 1/4 OF THES.W. 1/4 OF SECTION 22 LEGEND: PROPERTY LINE EXISTING EASEMENT LINE SLOPE PER 1999-0740360 REC 11-5-99 CONSTRUCTION PER 1999-0740360 REC 11-5-99 0' 50' V///////A 100' SCALE: 1" = 200' APM 216-070-38 SOUTH 1/2 OF THE S.W. 1/4 OF THE S. W. 1/4 OF SECTION 22 EXHIBIT 'B'SHT. 1 OF 1 CONSULT T S 2710 Lokar Avenue WestSuite 100 Carlsbad. California 92010 760-931-7700 Fax: 760-931-8680 OdQyOOdoyconaultonto.com Civil Engineering Planning Processing Surveying CITY OF CARLSBAD VACATION OF SLOPE A CONST. EASEMENT Date: 02-24-2006 A.P.N. 215-070-36 PR 05-63 tt \8710W\97MZW08.dwg Oct 19, 200* 20Opm Ximta S73M*r, 873Umap SEPTEMBER 7, 2006 J.N. 021043 PAGE 1 OF 1 EXHIBIT 'A' VACATION OF EASEMENTS APN 214-550-01, 215-070-36 PR 05-66 LEGAL DESCRIPTION 13865 ALL THOSE PORTIONS OF SLOPE EASEMENTS ACQUIRED PER DOC. 1996-0578777 RECORDED NOVEMBER 15, 1996; DOC. 1997-0651331 RECORDED DECEMBER 22, 1997 IN SAN DIEGO COUNTY WITHIN THE FOLLOWING DESCRIBED REAL PROPERTY: THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. TOGETHER WITH THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22 TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. TOGETHER WITH LOT 1 OF CARLSBAD TRACT 91-12, MARINERS POINT UNIT 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13394, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ON JANUARY 24, 1997. 0:\Legal_Descriptions\971039\PR05-66.doc LOT 1 OF C.T. 91-12 MARINERS PI UNIT 1, PER MAP NO. 13394 REC. JAN 24, 1997 APM 214-660-01 216-0/0-13 "T N.W. 1/40FTHES.W. 1/4 OF THE S. W. 1/4 OF SECTION 22 APNi 216-070-38 SOUTH 1/2 OF THE S.W. 1/4 OFTHES.W. 1/4 OF SECTION 22 » v *-U, 28 i 27 \ \ LEGEND: PROPERTYLINE EXISTING EASEMENT LINE SLOPE EASEMENT PER 1996-0578777 REC. 11-15-1996 SLOPE EASEMENT PER 1997-0651331 REC. 12-22-1997 EXHIBIT 'B'SHT. 1 OF 1 2710 Lokar Avenue WestSuite 100 Cartabod, California 92010 760-931-7700Fax: 760-931-8680 OdoyOOdoycon8ultant8.com Civil Engineering Planning Processing Surveying CITY OF CARLSBAD VACATION OF SLOPE EASEMENT Date: 02-24-2006 A.P.N.214-550-01 215-070-36 PR 05-66 ft\9710»\ratZWO&d«g Oct 19, 2008 207pm Xrafr 973ftJrtr, TOMmap February 24, 21_ J.N. 021043 PAGE 1 OF 1 EXHIBIT VA' VACATION OF EASEMENTS APN 215-070-36 PR 05-67 LEGAL DESCRIPTION THAT PORTION OF CERTAIN PIPELINE EASEMENT IN FAVOR OF THE CITY OF CARLSBAD MORE PARTICULARLY DESCRIBED AS PARCEL 'D' PER DOC. 1997-0651331 RECORDED DECEMBER 22, 1997 IN OFFICIAL RECORDS OF SAN DIEGO COUNTY WITHIN THE FOLLOWING DESCRIBED REAL PROPERTY: THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22 TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. O:\Legal_Descriptions\971039\PR05-67.doc u_c 4o -4-1 3 CO oO o Q CO OOCM 13868 1 \ \ LOT 1 OFCJ. 91-12 MARINERS PT. UNIT 1, PER MAP NO. 13394 REC. JAN 24, 1007 N.W. 1/4 OF THE S.W. 1/4 OF THES.W. 1/4 OF SECTION 22 LEGEND: PROPERTY LINE EXISTING EASEMENT LINE WATER PER 1997-0651331 REC 12-22-97 TOO1 400' SCALE: 1" = 200' APNt 216-070-38 SOUTH 1/2 OF THE S.W. 1/4 OFTHES.W. 1/4 OF SECTION 22 EXHIBIT 'B' CONSULT T S 2710 Loker Avenue WestSuite 100 Carlsbad. California 92010 760-931-7700Fax: 760-931-8680 OdQyOOdaycon8ultonts.com Civil Engineering Planning Processing Surveying CITY OF CARLSBAD VACATION OF WATER EASEMENT Date: 02-24-2006 A.P.N. 215-070-36 PR 05-67 S:\t71038\87MZWRdvg Oct Ifl, 200t 2«pm Xrrt: R73Mrtr, 9739dmap EXHIBIT "A" 13869 Page 1 of 1 LEGAL DESCRIPTION CITY OF CARLSBAD PARTIAL VACATION SLOPE EASEMENT, INSTRUMENT NO. 1997-0651331 PR 05-92 Any slope easement rights that may be held by the City of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, as described in the Final Order of Condemnation Superior Court Case No. 288574 recorded December 22, 1997 as Instrument No. 1997-0651331 of Official Records in the Office of the County Recorder of said San Diego County, lying easterly of the westerly line of Section 22, Township 22, Township 12 South, Range 4 West, San Bernardino Meridian, according to the official plat thereof and lying westerly of the westerly line of "Alga Road Street Dedication for Sambi Seaside Heights within T.A.P. No. 215-07-12" as described in said Final Order of Condemnation, more particularly described in said Final Order of Condemnation as follows: A portion of that real property described in a Grant Deed to Daljit S. Sarkaria and Elaine Sarkaria, husband and wife as community property, according to a document recorded February 6, 1981 in the Office of the County Recorder of San Diego County, State of California as file Page No. 81-037884 being more particularly described as follows: BEGINNING at the southeast corner of that 68.558 acre parcel as shown on Record of Survey No. 9812 recorded in the Office of the County Recorder of San Diego County on 18 October, 1984, thence along the south line of said parcel North 89° 13'59" West a distance of 220.41 feet to the TRUE POINT OF BEGINNING; thence leaving said south line, South 40°20'11" East a distance of 182.19 feet; thence South 31°09'54" East a distance of 314.70 feet; thence South 71°42'26" East a distance of 96.57 feet; thence South 02°52'49" East a distance of 17.03 feet; thence South 50°22'56" West a distance of 80.56 feet; thence South 17°02'27" East a distance if 135.78 feet; thence South 61°33' 14" East a distance of 107.15 feet; thence South 07°07'47" West a distance of 11.25 feet; thence South 60° 14'26" West a distance of 70.58 feet; thence South 14°24'34" East a distance or 411.56 feet; thence South 01°33°35" East a distance of 44.89 feet; thence North 86°59'29" West a distance of 165.11 feet; thence North 37°59'25" West a distance of 37.13 feet; thence North 18°04'30"West a distance of 279.17 feet; thence North 00°33'30" East a distance of 139.83 feet; thence North 89°10'01" West a distance of 33.73 feet; thence North 14°23'40" West a distance of 180.66 feet; thence North 21°04' 11" West a distance of 126.63 feet; thence North 26°01'40" West a distance of 116.48 feet; thence North 31 °19'47" West a distance of 137.25 feet; thence North40°20' 11 "West a distance of 290.81 feet to said south line; thence along said south line, South 89° 13'59" East a distance of 221.63 feet to the TRUE POINT OF BEGINNING. CONTAINING: 17,387 Square feet. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Records. EXHIBIT "B" attached and by this reference made a part hereof. jregory A. Helmer, L.S. 513^ Dated: October 5, 2006 10102194\admin\legals\21941gl053 .doc BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS MAP IS THE SOUTH LINE OF THAT 68.558 ACRE PARCH. AS SHOW ON RECORD OF SURVEY NO. 9812 RECORDED OCTOBER 18, 1984 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, I.E. N89'13'59"W 13870 VICINITY MAP NOT TO SCALE I ^ \~ EXHIBIT fB'SHEET 1 OF 2 CITY OF CARLSBAD DATE: FEBRUARY 22, 2005 SCALE: AS SHOWN APN: 215-070-36 EASEMENT VACATION (INST. NO. 1997-0651331) THAT CERTAIN LAND SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN. DRAWN BY: RBF CONSULTING PR 05-92 REVISED: OCTOBER 5, 2006 H:\PDATA\10102194\CADD\MAPPING\EXHIBITS\2194EX098.DWG MSB 10/5/06 11:15 am R. 5. MAP NO. 9812 SOUTH LINE PER R.S.9812 ^ TO 00(BASIS OF X T.P.O.B. BEARINGS)P.O.C. SE CORNER OF 68.558 AC. PARCEL PER R.S. 9812 LINE SECTION 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 EXIST. ESUT. PORTION TO BE QUITCLAIMED (SCALE: 1"=200') DATA TABLE 13871 (NO) BRNG/DELTA RADIUS LENGTH S89'13 S40'20 S71'42 502'52 S50'22 S17'02 S61'33 S07'07 S60'14 S01'33 N86'59 N37'59 N18'04 N00'33 N89'10 N14'23 N21'04 N26'01 N31'19 N40'20 S89'13 '59"E '11"E '26"E '49"E '56 "If '27"E '14"E '47"i '26 "If '35"E '29 "If '25 "It 'JO "IT '30"E '01"W '40"lf 'J1"Hf '40"Hf '47"W '11"H '59"E 220.41' 182.19' 96.57' 17.03' 80.56' 135.78' 107.15' 11.25' 70.58' 44.89' 165.11' 37.13' 279.17' 139.83' 33.73' 180.66' 126.63' 116.48' 137.25' 290.81' 221.63' FOR. SEC, 22, T.12S., R.4W., S.BM If'LY LINE OF "ALGA ROAD STREET DEDICATION FOR SAMBI SEASIDE HEIGHTS HflTHIN T.A.P. NO. 215-07-12" PER FINAL ORDER RECORDED AS INST. 1998- THIS MAP HAS PREPARED BY ME OR UNDER MY DIRECTION EXHBfT'B' GREGORY A. HELMER DATE: OCTOBER 5, 2005 P.L.S 5134 SHEET 2 OF 2 CITY OF CARLSBAD DATE: FEBRUARY 22, 2005 SCALE: AS SHOWN APN: 215-070-36 EASEMENT QUITCLAIM1 (INST. NO. 1997-0651331)V THAT CERTAIN LAND SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 22. TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN. DRAIfN BY: RBF CONSULTING PR 05-92 REVISED: OCTOBER 5, 2006 I:\PDATA\10102194\CADD\MAPPNG\EXHIBITS\2194EX097.DWG MSB 10/5/06 11:09 am I 1 RESOLUTION NO. 2006-319 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, SUMMARILY VACATING FOUR SLOPE AND CONSTRUCTION EASEMENTS AND ONE WATER 4 EASEMENT NEAR THE NORTHEAST CORNER OF AVIARA PARKWAY AND POINSETTIA LANE (ASSESSOR PARCEL NOS. 5 214-550-01 AND 215-070-36) BACK TO THE UNDERLYING PROPERTY OWNER. 6 WHEREAS, Calvary Chapel - North Coast, a California Non-Profit Corporation, has submitted a request for a summary vacation on property located near the northeast corner of 8 Aviara Parkway and Poinsettia Lane of slope and/or construction easements acquired per 9 Doc. 1999-0740360 recorded November 5, 1999; Doc. 1996-0578777 recorded November 15, 10 1996; Doc. 1997-0651331 recorded December 22, 1997 as of Official Records of San Diego 11 County within San Diego County; and of a water easement acquired per Parcel 'D' per Doc. 1997- 12 0651331 recorded December 22, 1997 in the Official Records of San Diego County; and 13 WHEREAS, in 1997, the City condemned said slope and/or construction easements and a water easement fronting then Alga Road; and14 WHEREAS, in 1999, the City condemned said slope and/or construction easements 15 fronting Poinsettia Lane; and 16 WHEREAS, said easements are defined as public service easements per Section 8306 of the California Streets and Highways Code; and 18 WHEREAS, said public service easements have not been used for the purpose for which 19 they were acquired for five consecutive years and are not now, nor are they contemplated to be, 20 needed for slope construction and maintenance purposes or water facility purposes in the future; 21 and 22 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public 23 interest to summarily vacate said public service easements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:25 1. That the above recitations are true and correct. 26 27 28 3 1 2. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and 2 Highway Code, said public service easements more particulary described in Exhibit A of PR 05-63, 3 PR 05-66, PR 05-67 and PR 05-92, and shown for the sake of clarity in Exhibit B of PR 05-63, PR 05-66, PR 05-67 and PR 05-92, be summarily vacated. 3. The City Clerk is directed to record this resolution, the attached legal descriptions 5 and plats in the Office of the County Recorder of San Diego County.6 4. From the date the resolution is recorded in the County Recorder's office, the area vacated no longer constitutes a public service easement.8 9 10 11 12 13 14 15 16 17 18, 19 20 »' 21 /" 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 7th day of November, 2006, by the following vote: AYES: Council Members Lewis, Hall, Packard, Sigafoose NOES: None ABSENT: Council Member Kulchin L~ORRA4NE M. WOOD, CityClerkJ (SEAL)