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HomeMy WebLinkAbout2007-05-22; City Council; Resolution 2007-120 (2)RECORDING REQUESTED BY: Carlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 DGC# 2007-0368664 MAY 31, 2007 2:49 PM OFFICIAL RECORDS SAN DiEGO COUNTY RECORDER'S OFFICE GREGORYJ SMITH. COUNTY RECORDER FEES: 0.00 PAGES: 9 SPACE ABOVE THIS LINE FOR RECORDER'S USE City of Carlsbad Resolution No. 2007-120 Summarily Vacating a Portion of Old Rancho Santa Fe Road and Reserving a General Utility and Access Easement (STV 07-01) AB 19,007 5/22/07 1 RESOLUTION NO. 2007-120 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 4 5 CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PORTION OF OLD RANCHO SANTA FE ROAD AND RESERVING A GENERAL UTILITY AND ACCESS EASEMENT (STV 07-01). WHEREAS, a request has been made to vacate a portion of old Rancho Santa Fe Road within Lot 199, Map 14379, CT 99-04-01; and WHEREAS, Rancho Santa Fe Road North has been realigned to the east; and WHEREAS, construction of the realigned Rancho Santa Fe Road North has resulted in g traffic being shifted off the old portion of Rancho Santa Fe Road; and WHEREAS, the City Engineer has determined that this portion of the old Rancho Santa Fe Road alignment is no longer needed for present or future street purposes; and WHEREAS, the proposed vacation is consistent with the General Plan of the City; and 12 WHEREAS, a proposed thirty (30) foot general utility and access easement will be 13 reserved along the westerly portion of the old road right-of-way; and 14 WHEREAS, utility companies have no objections to the proposed vacation. 15 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 1 fi California, as follows: 1. That the above recitations are true and correct. 18 19 20 21 22 23 24 25 u Recorder of San Diego County.26 6. From the date the resolution is recorded in the County Recorder's office, the area vacated no longer constitutes a public street. 28 2. That pursuant to Division 9, Part 3, Chapter 4 of the California Street and Highways Code, said portion of the old Rancho Santa Fe Road North alignment more particularly described in Exhibit A, and shown for sake of clarity in Exhibit B, be summarily vacated. 3. That the general utility and access easement more particularly described in Exhibit A, and shown for sake of clarity in Exhibit B, be reserved and excepted from the vacation. 4. Easements and rights necessary to maintain, operate, replace, remove, or renew in-place public utility facilities are reserved and excepted from the vacation. 5. The City Clerk is directed to record this resolution in the Office of the County 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 22nd day of May 2007, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Nygaard NOES: None ABSENT: Council Member Packard L'ORRAINE M. WOOD, City Clerfc(SEAL) "*•«,*.>* EXHIBIT "A" LEGAL DESCRIPTION STV 07-01 STREET AND EASEMENT VACATION BEING ALL OF THOSE PORTIONS OF AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES GRANTED TO THE COUNTY OF SAN DIEGO RECORDED JANUARY 21, 1930 IN BOOK 1737, PAGE 4 OF DEEDS (R.S.454); AND AN EASEMENT FOR PUBLIC STREET PURPOSES TO THE CITY OF CARLSBAD, RECORDED APRIL 25, 1974 AS FILE NO. 74-105621 OF OFFICIAL RECORDS; AND AN EASEMENT FOR PUBLIC ROAD AND SLOPE PURPOSES TO THE CITY OF CARLSBAD, RECORDED OCTOBER 20, 1989 AS FILE NO. 89-571684 OF OFFICIAL RECORDS; LYING WITHIN LOT 199 OF CITY OF CARLSBAD TRACT 99-04-01, VILLAGES OF LA COSTA - LA COSTA OAKS SOUTH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14379, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON APRIL 29, 2002. RESERVING THEREFROM AN EASEMENT FOR GENERAL UTILITY AND ACCESS PURPOSES LYING WITHIN SAID LOT 199 AND WESTERLY OF THE FOLLOWING DESCRIBED LINE; COMMENCING AT THE NORTHWEST CORNER OF LOT 170 PER SAID CITY OF CARLSBAD TRACT CT 99-04-01, MAP NO. 14379; SAID CORNER BEING ON THE SOUTHERLY LINE OF SAID LOT 199; THENCE ALONG SAID SOUTHERLY LINE NORTH 64°13'46" WEST, 37.13 FEET TO AN INTERSECTION WITH A LINE THAT IS 16.00 FEET SOUTHEASTERLY OF AND PARALLEL WITH THE CENTERLINE OF THAT CERTAIN IRREVOCABLE OFFER OF DEDICATION FOR A PUBLIC TRAIL AS OFFERED AND ACCEPTED BY THE CITY OF CARLSBAD PER SAID MAP NO. 14379 AND THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID POINT ALONG A LINE THAT IS 16.00 FEET SOUTHEASTERLY OF, PARALLEL WITH AND CONCENTRIC TO SAID CENTERLINE THE FOLLOWING: NORTH 30°59'37" EAST, 298.76 FEET TO THE BEGINNING OF A TANGENT 2404.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07°39'52" A DISTANCE OF 321.58 FEET; PAGE 1 OF 2 :RP M:\2322\006\Legal Descriptions\A-01 Esmt Vac-Res.doc WO 2322-0006 2/6/07 THENCE NORTH 23°19'45" EAST, 327.21 FEET TO THE BEGINNING OF A TANGENT 2396.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08°01'35" A DISTANCE OF 335.65 FEET; THENCE LEAVING SAID CONCENTRIC LINE, SOUTH 58°28'22" EAST, 29.93 FEET TO THE SOUTHEWESTERLY CORNER OF THAT CERTAIN 0.500 ACRES PARCEL LABELED N.A.P. (NOT A PART) AS SHOWN ON SHEET 25 OF 45 OF SAID MAP NO. 14379; SAID SOUTHWESTERLY CORNER ALSO BEING A POINT ON THE EASTERLY RIGHT OF WAY LINE OF THAT CERTAIN EASEMENT AND RIGHT OF WAY FOR PUBLIC PURPOSES GRANTED TO THE COUNTY OF SAN DIEGO RECORDED JANUARY 21, 1930 IN BOOK 1737, PAGE 4 OF DEEDS (R.S. 454); THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE NORTH 31°31'38" EAST, 362.67 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 199. THE HEREIN ABOVE DESCRIBED GENERAL UTILITY AND ACCESS EASEMENT CONTAINS 1.654 ACRES MORE OR LESS. DAVID W. AMBLER L.S. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 2 OF 2 :RP M:\2322\006\Legal Descriptions\A-01 EsmtVac-Res.doc WO 2322-0006 2/6/07 LEGEND: r INDICATES AN EASEMENT FOR PUBLIC STREETGRANTED TO THE CITY OF CARLSBAD, BYDOCUMENT RECORDED APRIL 25, 1974 AS FILE NO. 74-105621, O.R. (TO BE VACATED) 'INDICATES AN EASEMENT AND RIGHT OF WAYFOR PUBLIC ROAD PURPOSES GRANTED TOTHE COUNTY OF SAN DIEGO BY DOCUMENTRECORDED JANUARY 21, 1930 IN BOOK 1737, PAGE 4 OF DEEDS. (TO BE VACATED) ©INDICATES AN EASEMENT FOR PUBLIC ROADGRANTED TO THE CITY OF CARLSBAD, BYDOCUMENT RECORDED OCTOBER 20, 1989 AS FILE NO. 89-571684, O.R. (TO BE VACATED) ® INDICATES AN IRREVOCABLE OFFER OFDEDICATION FOR A PUBLIC TRAIL AS OFFEREDAND ACCEPTED BY THE CITY OF CARLSBAD ASSHOWN ON MAP NO. 14379, RECORDED APRIL29, 2002 AS FILE NO. 2002-0358064, O.R. ^INDICATES PORTION OF AN EASEMENT FORPIPELINES GRANTED TO THE SAN MARCOSCOUNTY WATER DISTRICT BY DOCUMENTRECORDED SEPTEMBER 23, 1980 AS FILE NO.80-308501, O.R., SAID EASEMENT NOW VESTSIN VALLECITOS WATER DISTRICT. ^INDICATES PORTION OF AN EASEMENT FORPIPELINES GRANTED TO SAN MARCOS COUNTYWATER DISTRICT BY DOCUMENT RECORDEDAUGUST 20, 1981 AS FILE NO. 81-266030,O.R., SAID EASEMENT NOW VESTS IN THEVALLECITOS WATER DISTRICT. BASIS OF BEARINGS: P.O.C. T.P.O.B. 2) INDICATES AN EASEMENT FOR GENERAL UTILITY AND ACCESS PURPOSES AND TEMPORARY CONSTRUCTION EASEMENTS GRANTED TO THE CITY OF CARLSBAD, BY DOCUMENT RECORDED JULY 14, 2006 AS FILE NO. 2006-0498073, O.R. @) INDICATES AN EASEMENT FOR POLE LINES GRANTED TO SAN DIEGO GAS & ELECTRIC COMPANY BY DOCUMENT RECORDED OCTOBER 20, 1958 IN BOOK 7307, PAGE 304, O.R. (2) INDICATES AN EASEMENT FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY GRANTED TO SAN DIEGO GAS & ELECTRIC COMPANY BY DOCUMENT RECORDED APRIL 19, 1954 IN BOOK 5208, PAGE 399, O.R. (2) INDICATES AN EASEMENT FOR ACCESS GRANTED TO OLIVENHAIN MUNICIPAL WATER DISTRICT BY DOCUMENT RECORDED NOVEMBER 30, 2000 AS FILE NO. 2000-0651372, O.R. (£) INDICATES A CONSERVATION EASEMENT GRANTED TO THE STATE OF CALIFORNIA, DEPARTMENT OF FISH AND GAME BY DOCUMENT RECORDED SEPTEMBER 21, 2001 AS FILE NO. 2001-0680640, O.R. INDICATES GENERAL UTILITY AND ACCESS EASEMENT RESERVATION TO THE CITY OF CARLSBAD CONTAINING 1.654 AC.±. INDICATES RADIAL BEARING INDICATES POINT OF COMMENCEMENT INDICATES TRUE POINT OF BEGINNING NOTE: FOR EASEMENT VACATION SEE SHEET 2 OF J. FOR EASEMENT RESERVATION SEE SHEET 3 OF 3. THE BASIS OF BEARINGS FOR THIS DRAWING IS THE NAD '83 CALIFORNIA COORDINATES SYSTEM ZONE 6 GRID BEARINGS BETWEEN FIRST ORDER STATION 3075 AND FIRST ORDER STATION 3085 AND STATION 1126 AS SAID COORDINATES ARE PUBLISHED IN RECORD OF SURVEY MAP NO. 15376. I.E. N 04'55'38" W THE COMBINED SCALE FACTOR AT STATION 3085 IS 0.99993993. GRID DISTANCE = GROUND DISTANCE X COMBINED SCALE FACTOR. HUNSAKER & ASSOCIATES SAN DIEGO, INC PUNNING 10179 Huemekens Street ENGINEERING San Diego, a 92121 SURVEYING PH(858)5584500- FX(858)S58-1414 VICINITY MAP N.T.S.SHEET 1 DF 3 EASEMENT VACATION PLAT - CITY OF CARLSBAD APPLICANT: CITY OF CARLSBAD, CA 1635 FARADAY AVENUE CARLSBAD, CA 92008-7314 (760) 602-2720 PREPARED BY: DAVID W. AMBLER L.S. 7322 EXP. 12/31/07 PROJECT: CT 99-04-01 STV 07-0? A.P.N.: 223-617-04 EXHIBIT "B! CITY 0^ CARLSBAD TRACT 99-04-03 MAP N89'42 16 E 200 400 E SCALE 1"=200' CITY OF CARLSBAD TRACT 99-04*01 HUNSAKER & ASSOCIATES SAN DIEGO, INC PLANNING 10179 Huemeten Street ENGINEERING San Diego, Ca 92121 SURVEYING PH(858)558-4500- FX(858)55«-M14 SHEET 2 DF 3 EASEMENT VACATION PLAT - CITY OF CARLSBAD APPLICANT: CITY OF CARLSBAD, CA 76J5 FARADAY AVENUE CARLSBAD, CA 92008-7314 (760) 602-2720 PREPARED BY: DAVID W. AMBLER L.S. 7322 EXP. 12/31/07 PROJECT: CT 99-04-01 S7V 07-01 A.P.N.: 223-617-04 EXHIBIT "B" CJTY 0^ CARLSBAD TRACT 99-04-03 MAP NO, 16318 200 400 SCALE 1"=200' NO. L1 L2 L3 L4 L5 BEARING N31'31'38"E N58'28'22"W N23'19'45"E N30'59'37"E N64'13'46"W DISTANCE J62.67' 29.93' 327.21' 298.76' 37. 13' CITY OF CARLSBAQ NO. C1 C2 DELTA OS'01'35" OT 39' 52" RADIUS 2396.00' 2404.00' LENGTH 335.65' 321.58' HUNSAKER & ASSOCIATES PLANNING 10179 Huemekens Street ENGINEERING San Diego, Ca 92121 SURVEYING PH(858)5584500- fX(B58)558-M14 N66'40'15W\ (R) s TRACT 99- SHEET 3 DF 3 EASEMENT VACATION PLAT - CITY OF CARLSBAD APPLICANT: CRY OF CARLSBAD, CA 1635 FARADAY AVENUE CARLSBAD, CA 92008-7314 (760) 602-2720 PREPARED BY: ' DAVID V/AMBLER L.S. 7322 EXP. 12/31/07 PROJECT: CT 99-04-01 STV 07-0) A.P.N.: 223-617-04 EXHIBIT "B STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. I, Ronna S. Stickrod, 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. 2007-120: SUMMARILY VACATING A PORTION OF OLD RANCHO SANTA FE ROAD AND RESERVING A GENERAL UTILITY AND ACCESS EASEMENT (STV 07-01) 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 23rd day of May, 2007 JLA RONNA S. STICKROD DEPUTY CITY CLERK (SEAL)