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Home My WebLink About2006-11-14; City Council; Resolution 2006-333RECORDING REQUESTED BY: Carlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 DOC# 2006-0855618 DEC 01, 2006 2:57 PM OFFICIAL RECORDS SAN DIEGH COUNTY RECORDER'S OFFICE H R E G 0 RY J. S MIT H. CO U N TY R E CO R D E R FEES: 0.00 PAGES: 8 20060855618 3781 SPACE ABOVE THIS LINE FOR RECORDER'S USE City of Carlsbad Resolution No. 2006-333 of November 14. 2006 AB 18,800 13782 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 2006-333 SUMMARILY VACATING A PUBLIC UTILITY EASEMENT OVER APN NOS. 211-021-31. AND 211-021-32. KING'S FISHHOUSE. PR 05-33 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 14th day of November, 2006. SHEILAJl. COBIAN DEPUTY CITY CLERK (SEAL> 137831 RESOLUTION NO. 2006-333 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PUBLIC UTILITY EASEMENT OVER APN NOS. 211-021-31 AND 211-021-32, 4 KING'S FISHHOUSE. PR 05-33. 5 WHEREAS, CPT/SC Title Holding Corporation has submitted a request to vacate 6 an existing public utility easement as reserved by document no. 2002-0701663 recorded August 19, 2002; and WHEREAS, said easement is defined as public service easement per Section 8306 of8 the California Streets and Highways Code; andgWHEREAS, this public easement was originally reserved as part of the Street Vacation 10 for Andersen Way per Council Resolution No. 2002-250; and 11 WHEREAS, the City has received letters from Sempra Energy and SBC Pacific Bell 12 stating they do not object to vacating said easement; and 13 WHEREAS, this easement has been superseded by relocation and there are no other public facilities within the easement; and14 WHEREAS, said easements are no longer utilized for the purpose for which they were 15 granted and are not now, nor are they contemplated to be needed in the future; and 16 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public 17 interest to quitclaim said easements. -18 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. 20 2. That the public utility easement reserved by document no. 2002-0701663 21 recorded August 19, 2002 that is more particularly described in Exhibit A and shown for the sake 22 of clarity in Exhibit B is summarily vacated per Section 8335 and 8336 of the California Streets and 23 Highway Code. 24 3. That the City Clerk is directed to record this resolution, the attached legal descriptions and plats in the Office of the County Recorder of San Diego County. 4. That upon recordation of this Resolution at the County Recorders, this easement 26 no longer constitutes a public service easement. 27 28 13784 i 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 14th day of November, 2006, by the following vote: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None jn ./v) LORRAINE M. WOOD, City ClerR (SEAL) 7 A 13785 EXHIBIT "A" PUBLIC UTILITY EASEMENT QUITCLAIM PR 05-33 ANDERSEN WAY WEST OF PASEO DEL NORTE BETWEEN PALOMAR AIRPORT ROAD AND CAR COUNTRY DRIVE THOSE PORTIONS OF STREET AND PUBLIC UTILITY EASEMENTS TO THE CITY OF CARLSBAD PER DOCUMENTS 85-390632 AND 85-390633, BOTH RECORDED OCTOBER 21,1985 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, BOTH IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHWEST BOUNDARY OF PARCEL 3 OF PARCEL MAP NO. 11284, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11,1981, SAID POINT ALSO BEING ON THE CENTERLINE OF PASEO DEL NORTE AS SHOWN ON SAID PARCEL MAP; THENCE SOUTH 22°29'26 EAST 925.00 FEET (SOUTH 22°28'06" EAST 925.05 FEET RECORD PER SAID DEED) TO THE BEGINNING OF A TANGENT 600.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 30°37'22" A DISTANCE 320.68 FEET; THENCE LEAVING SAID CURVE ALONG A RADIAL LINE OF SAID 600.00 FEET RADIUS CURVE SOUTH 36°53'12" WEST 43.00 FEET (SOUTH 36°54'32" WEST 43.00 FEET RECORD PER SAID DEED) TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON A 643.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 4° 14'18" A DISTANCE 47.56 FEET TO A POINT OF REVERSE CURVATURE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 20.00 FEET; THENCE WESTERLY, SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 103°46'42" A DISTANCE 36.23 FEET; THENCE SOUTH 19°48'11" WEST 59.80 FEET (SOUTH 19°49'31" WEST 59.80 FEET RECORD PER DEED) TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHWESTERLY, WESTERLY, NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 216°02'00" A DISTANCE 188.52 FEET; THENCE NORTH 53°58'13" EAST 59.80 FEET (NORTH 53°59'33" EAST 59.80 FEET RECORD PER SAID DEED) TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE PAGE 1 OF 2 PAGES EXHIBIT AVPASEO DEL NORTE \ public utility easement quitclaim 13786 ANGLE OF 82°56'50" A DISTANCE 28.95 FEET (103°46'42" A DISTANCE 36.23 FEET RECORD PER DEED) TO A POINT OF REVERSE CURVATURE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 643.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 3°38'52" A DISTANCE 40.94 FEET (4°14'18" A DISTANCE 47.56 FEET RECORD PER DEED) TO THE TRUE POINT OF BEGINNING. AREA-11396.44 SQ.FT.0.2616 ACRES MORE OR LESS /- DOUGLAS R. MELCHIORP.L.S. #4611 REGISTRATION EXPIRES 9-30-06 DATE PAGE 2 OF 2 PAGES EXHIBIT A\PASEO DEL NORTE \ public utility easement quitclaim EXHIBIT "B" 13787 /£gfA/0 INDICATES LOT UNES INDICATES EASEMENT FOR PUBLIC UTILITY PURPOSES PER DOC. NO. 85-390632 , REC 10-21-1985 AND DOC. NO. 85-390633, REC 10-21-1985 (QUITCLAIMED) AREA = 11396± SO. FT. 0.262± ACRES LEGAL DESCRIPTION PARCELS A.B.C OF CITY OF CARLSBAD BOUNDARY ADJUSMENT 02-05 THE BASIS OF BEARING FOR THIS PLAT IS A PORTION OF THE CENTERUNE OF PASEO DELNORTE PER MAP NO. 13078 IE N 22-2926 W ANDERSEN WAY STREET VACATION NOTE: STREET PORTION OF EASEMENT (A) RECORDED OCTOBER 21, 1985 AS FILE 85-390633, O.R. AND STREET PORTION OF EASEMENT (B) RECORDED OCTOBER 21, 1985 AS FILE 85-390632, O.R. VACATED PER CITY OF CARLSBAD RESOLUTION NO. 2001-250 AND RECORDED AUGUST 19, 2002 AS DOC/ 2002-0701663, O.R. COUNTRYRIVE "SITEPALOMAR AIRPORT RD NO SCALE DOUGLAS R. MELC P.LS. 4611 HIOR DATE PUBLIC UTILITIES EASEMENT QUITCLAIMEDCITY OF CARLSBAD SHEET 1 OF 2 SHEETS APPLICANT: CPT/SC TITLE HOLDING CORP. 2321 ROSECRANS AVE., SUITE 3230 aSEGUNDO, CA. 90245 PREPARED BY! DOUjSLAS R. AIELC '. 9-V30-06 CITY ENGINEER REG NO. DATE PR 05-33 A.P.N. 211-021-31.32 DATE 01-05-2006 EXHIBIT "5"N 2279'26>> W 925.00 'N 22-28'06" W 925.05 PER DEED EXISTING STREET AND PUBUC UTILITY EASEMENT REC. 10-21-85 AS DOC. f 85-390632 O.R. LJ_i<c CJ 13788 N 53"5813 E 59.80 53-59'33'E 59.80\ PER DEED ) DATA TABLE N 36'53'12" E (R) 43.00' (N36"54'32'E 43.00 \ PER DEED D=82-56'50" R=20.00' L=28.95' /D=103'46'42". R=20.00' \L=36.23' D=03'38'52" R=643.00' L=40.94' /D=0414'18" R=643.00' \L=47.56' EXISTING STREET AND (^ mpER"oEED59'80) PUBUC UTIUTY EASEMENTREC. 10-21-85 AS DOC. / 85-390633 O.R. 02-06 N 7011'49" WfR) ^^(A) EXISTING PUBUC UTIUTY EASEMENT RECORDED OCTOBER 21. 1985 AS HLE NO. 85-390633. O.R. (QUITCLAIMED) AND (B) EXISTING PUBUC UTIUTY EASEMENT RECORDED OCTOBER 21.1985 AS FILE NO. 85-390632, O.R. (QUITCLAIMED) FOR PUBUC UTILITIES PER DOC. 85-390632, REC AND PER DOC. 85-390633, ( QUITCLAIMED ) 10/21/1985 REC 10/21/1985 LANP mm/^ws, 6731 PALMER WAY, SUITE Q L.S. 4611 CARLSBAD, CALIFORNIA 92010 (760) 498-1726 FAX (760) 436-3001 DATE 01-06-2006 (C) EXISTING WATER EASEMENT TO CARLSBAD MUNICIPAL WATER DISTRICT RECORDED 10-18-2002 AS HLE #2002-0913274 O.R. (D) EXISTING WATER EASEMENT TO CITY OF CARLSBAD RECORDED 06-04-1982 AS HLE f82-171546 O.R. PUBUC UTILITIES EASEMENT QUITCLAIMEDCITY OF CARLSBAD SHEET 2 OF 2 SHEETS APPUCANT: CPT/SC TITLE HOLDING CORP.2321 ROSECRANS AVE., SUITE 3230 EL SEGUNDO, CA. 90245 PREPARED BY: DOUGLAS R. M&CHIOR LS. 4611 EXP. 9-30-06 CITY ENGINEER REG. NO.DATE PR 05-33 A.P.N. 211-021-31,32 DATE 01/05/2006 1 RESOLUTION NO. 2006-333 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PUBLIC UTILITY EASEMENT OVER APN NOS. 211-021-31 AND 211-021-32, 4 KING'S FISHHOUSE. PR 05-33. 5 WHEREAS, CPT/SC Title Holding Corporation has submitted a request to vacate 6 an existing public utility easement as reserved by document no. 2002-0701663 recorded 7 August 19, 2002; and WHEREAS, said easement is defined as public service easement per Section 8306 of8 the California Streets and Highways Code; and 9 WHEREAS, this public easement was originally reserved as part of the Street Vacation for Andersen Way per Council Resolution No. 2002-250; and 11 WHEREAS, the City has received letters from Sempra Energy and SBC Pacific Bell 12 stating they do not object to vacating said easement; and WHEREAS, this easement has been superseded by relocation and there are no other public facilities within the easement; and14 WHEREAS, said easements are no longer utilized for the purpose for which they were 15 granted and are not now, nor are they contemplated to be needed in the future; and 16 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public 17 interest to quitclaim said easements. -18 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. 20 2. That the public utility easement reserved by document no. 2002-0701663 21 recorded August 19, 2002 that is more particularly described in Exhibit A and shown for the sake 22 of clarity in Exhibit B is summarily vacated per Section 8335 and 8336 of the California Streets and 23 Highway Code. 24 3. That the City Clerk is directed to record this resolution, the attached legal descriptions and plats in the Office of the County Recorder of San Diego County. 4. That upon recordation of this Resolution at the County Recorders, this easement 26 no longer constitutes a public service easement. 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 14th day of November, 2006, by the following vote: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ayor ATTEST: ^. - . -HORRAINE M. WOODTcity ClerR (SEAL) •^oy'ttt *?*>•.•?, *c.?<*./_ ^JtM^s-s*.'-. ',, •••..!.". V'*,> * .rX EXHIBIT "A" PUBLIC UTILITY EASEMENT QUITCLAIM PR 05-33 ANDERSEN WAY WEST OF PASEO DEL NORTE BETWEEN PALOMAR AIRPORT ROAD AND CAR COUNTRY DRIVE THOSE PORTIONS OF STREET AND PUBLIC UTILITY EASEMENTS TO THE CITY OF CARLSBAD PER DOCUMENTS 85-390632 AND 85-390633, BOTH RECORDED OCTOBER 21,1985 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, BOTH IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHWEST BOUNDARY OF PARCEL 3 OF PARCEL MAP NO. 11284, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11,1981, SAID POINT ALSO BEING ON THE CENTERLINE OF PASEO DEL NORTE AS SHOWN ON SAID PARCEL MAP; THENCE SOUTH 22°29'26 EAST 925.00 FEET (SOUTH 22°28'06" EAST 925.05 FEET RECORD PER SAID DEED) TO THE BEGINNING OF A TANGENT 600.00 FOOT RADRJS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 30°37'22" A DISTANCE 320.68 FEET; THENCE LEAVING SAID CURVE ALONG A RADIAL LINE OF SAID 600.00 FEET RADIUS CURVE SOUTH 36°53'12" WEST 43.00 FEET (SOUTH 36°54'32" WEST 43.00 FEET RECORD PER SAID DEED) TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON A 643.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 4° 14'18" A DISTANCE 47.56 FEET TO A POINT OF REVERSE CURVATURE, CONCAVE SOUTHERLY AND HAVING A RADRJS OF 20.00 FEET; THENCE WESTERLY, SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 103°46'42" A DISTANCE 36.23 FEET; THENCE SOUTH 19°48'11" WEST 59.80 FEET (SOUTH 19°49'31" WEST 59.80 FEET RECORD PER DEED) TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHWESTERLY, WESTERLY, NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 216°02'00" A DISTANCE 188.52 FEET; THENCE NORTH 53°58'13" EAST 59.80 FEET (NORTH 53°59'33" EAST 59.80 FEET RECORD PER SAID DEED) TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE PAGE 1 OF 2 PAGES EXHIBIT A\PASEO DEL NORTE \ public utility easement quitclaim ANGLE OF 82°56'50" A DISTANCE 28.95 FEET (103°46'42" A DISTANCE 36.23 FEET RECORD PER DEED) TO A POINT OF REVERSE CURVATURE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 643.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 3°38'52" A DISTANCE 40.94 FEET (4°14' 18" A DISTANCE 47.56 FEET RECORD PER DEED) TO THE TRUE POINT OF BEGINNING. AREA =11396.44 SQ.FT.0.2616 ACRES MORE OR LESS DOUGLASR. MELCHIORP.L.S. #46 n REGISTRATION EXPIRES 9-30-06 DATE PAGE 2 OF 2 PAGES EXHIBIT A\PASEO DEL NORTE \ public utility easement quitclaim ""EXHIBIT B LEGEND INDICATES LOT UNES INDICATES EASEMENT FOR PUBLIC UTILITY PURPOSES PER DOC. NO. 85-390632 , REC 10-21-1985 AND DOC. NO. 85-390633, REC 10-21-1985 (QUITCLAIMED) AREA = 11396± SQ. FT. 0.262± ACRES LEGAL DESCRIPTION PARCELS A,B,C OF CITY OF CARLSBAD BOUNDARY ADJUSMENT 02-05 THE BASIS OF BEARING FOR THIS PLAT IS A PORTION OF THE CENTERLINE OF PASEO DEL NORTE PER MAP NO 13078 IE N 22?9'26* W ANDERSEN WAY STREET VACATION NOTE: STREET PORTION OF EASEMENT (A) RECORDED OCTOBER 21, 1985 AS FILE 85-390633, O.R. AND STREET PORTION OF EASEMENT (B) RECORDED OCTOBER 21, 1985 AS FILE 85-390632, O.R. VACATED PER CITY OF CARLSBAD RESOLUTION NO. 2001-250 AND RECORDED AUGUST 19, 2002 AS DOC/jf 2002-0701663, O.R. COUNTRY iRIVE SITE PALOMAR AIRPORT RD NO SCALE DOUGLAS R. MELt P.LS. 4611 HIOR DATE PUBLIC UTILITIES EASEMENT QUITCLAIMED7ITY OF CARLSBAD SHEET 1 OF 2 SHEETS APPLICANT: CPT/SC TITLE HOLDING CORP.2321 ROSECRANS AVE.,SUITE 3230 EL SEGUNDO, CA. 90245 PREPARED B/ DOU0LAS R. AlELi,(7/v 9\30-06 CITY ENGINEER REG NO. DATE PR 05-33 A.P.N. 211-021-31,32 DATE 01-05-2006 EXHIBIT "B N 22-29'26" W 925.00 N 22?8'06" W 925.05} PER DEED EXISTING STREET AND PUBLIC UTILITY EASEMENT REC. 10-21-85 AS DOC. # 85-390632 O.R. N LJ_J<ro N 53'58'13" E 59.80 53W33" E 59.80\ PER DEED N 7011'49" W(R) N 19'48'11" E 59.80 EXISTING STREET AND ^ vPARCELPARCEL INDICATESEASEMENT DATA TABLE ) N 36'53'12" E (R) 43.00' (N 36-54'32" E 43.00 \ PER DEED ) D=82"56'50" R=20.00' L=28.95' /D=103'46'42 R=20.00' \L=36.23' ) D=03'38'52" R=643.00' L=40.94' /D=0414'18 R=643.00' \L=47.56' /0-2/-S5 # 85-390633 O.R. 02-06 / (A) EXISTING PUBLIC UTILITY EASEMENT RECORDED OCTOBER 21. 1985 AS FILE NO. 85-390633. O.R. (QUITCLAIMED) AND (B) EXISTING PUBLIC UTILITY EASEMENT RECORDED OCTOBER 21.1985 AS FILE NO. 85-390632, O.R. (QUITCLAIMED) FOR PUBLIC UTILITIES PER DOC. 85-390632, REC AND PER DOC. 85-390633, ( QUITCLAIMED ) 10/21/1985 REC 100/21/1985 5731 PALMER WAY. SUITE G L.S. 4«11 CARLSBAD, CALIFORNIA 92O10 (760) 438-1726 FAX (760) 438-3001 DATE 01-O6-2006 (C) EXISTING WATER EASEMENT TO CARLSBAD MUNICIPAL WATER DISTRICT RECORDED 10-18-2002 AS FILE /2002-0913274 O.R. (D) EXISTING WATER EASEMENT TO CITY OF CARLSBAD RECORDED 06-04-1982 AS HLE #82-171546 O.R. PUBLIC UTILITIES EASEMENT QUITCLAIMEDCITY OF CARLSBAD SHEET 2 OF 2 SHEETS APPUCANT: CPT/SC TITLE HOLDING CORP.2321 ROSECRANS AVL, SUITE 3230 EL SEGUNDO. CA. 90245 PREPARED BY: DOUGLAS R. MELCHIOR LS. 4611 EXP. 9-30-06 CITY ENGINEER REG. NO.DATE PR 05-33 A.P.N. 211-021-31.32 DATE 01/05/2006 AII Akin nuir> 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 2006-333 SUMMARILY VACATING A WATERLINE EASEMENT OVER APN NOS. 211-021-30. 211-021-31 AND 211-021- 32. KING'S FISHHOUSE. PR 05-32 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 14th day of November, 2006. SHEILA R. COBIAN DEPUTY CITY CLERK (SEAL)'