HomeMy WebLinkAbout2007-07-10; City Council; Resolution 2007-1631
RESOLUTION NO. 2007-163
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, SUMMARILY VACATING AN
EASEMENT FOR RELINQUISHMENT OF ACCESS RIGHTS
FROM PARCEL 2 OF MAP 19958 INTO EL FUERTE STREET,
5 (PR 07-35. CUP 06-11).
« WHEREAS, an easement for relinquishment of access rights into El Fuerte Street was
created over lot 13 of Map No. 14600 pursuant to a condition of approval for Carlsbad Tract No.
00-06 (CT 00-06); and
8 WHEREAS, said easement is defined as public easement per section 8306 of the
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California Streets and Highways Code; and
WHEREAS, City Council approved MS 04-19A, subdividing said lot 13 of Map No.
11 14600 into Parcels 1, 2, 3, and 4 of Map No. 19958; and
-J2 WHEREAS, Planning Commission approved Conditional Use Permit No. 06-01
(CUP 06-01) for the proposed Pacific Ridge School pursuant to Resolution No. 6222 dated\ o
January 3, 2007; and
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WHEREAS, condition 48 of Resolution No. 6222 requires the owner to dedicate to the
15 City public road right-of-way necessary to accommodate a proposed right turn pocket at the
northern entrance within Parcel 2 of MS 04-19A for the proposed Pacific Ridge School site,
17 as shown on the development site plan for CUP 06-01; and
WHEREAS, condition 49 of Resolution No. 6222 requires the owner to dedicate to the
City new relinquishment of access rights easement within Parcel 2 of MS 04-19A adjacent to thei y
new public road right-of way; and
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WHEREAS, condition 45 of Resolution No. 6222 requires the owner to vacate the
21 existing relinquishment of access rights adjacent to Parcel 2 and within the new dedication of
public road right-of-way; and
23 WHEREAS, new public right-of-way per condition 48 of Resolution No. 6222 was
24 dedicated per Document No. 2007-0403830, recorded on June 14, 2007; and
25 WHEREAS, new Relinquishment of Access Rights easement per condition 49 of
Resolution No. 6222 was dedicated per Document No. 2007-0403831, recorded on June 14, 2007;26
and
27 WHEREAS, the utility companies have no facilities within the area to be vacated.
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1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
2 California, as follows:
_ 1. That the above recitations are true and correct.
2. That pursuant to Section 8335 and 8336 of California Streets and Highways4
Code, said easement for relinquishment of access rights from Parcel 2 of Map 19958 (MS 04-19A)
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into El Fuerte Street more particularly described in Exhibit A, and shown for the sake of clarity in
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Exhibit B, be summarily vacated.
3. The City Clerk is directed to record this resolution in the Office of the County
8 Recorder of San Diego County.
9 4. From the date the resolution is recorded in the County Recorder's office, the area
1Q vacated no longer constitutes a relinquishment of access easement.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 10th day of July, 2007, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
CDMJDE 'A LEWIS/Mayor
ZORRAWsE M. WO
/(SEAL)
*"*„*>**
EXHIBIT "A"
LEGAL DESCRIPTION
FOR
VACATION OF ACCESS RIGHTS RELINQUISHED IN AND TO A PORTION OF EL
FUERTE STREET
PR 07-35
BEING A PORTION OF THE WESTERLY RIGHT-OF-WAY LINE OF EL FUERTE
STREET, COINCIDENT WITH A PORTION OF THE EASTERLY BOUNDARY LINE OF
PARCEL 2 OF CITY OF CARLSBAD MS 04-19A, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA , ACCORDING TO PARCEL MAP
THEREOF NO. 19958, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY ON MARCH 27, 2006, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 2; SAID CORNER
ALSO BEING IN THE WESTERLY RIGHT-OF-WAY OF SAID EL FUERTE STREET;
THENCE NORTHERLY ALONG THE EASTERLY BOUNDARY LINE OF SAID PARCEL
2 AND THE WESTERLY RIGHT-OF-WAY OF SAID EL FUERTE STREET, NORTH
05°51'45" EAST 203.43 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT
ALSO BEING THE INTERSECTION WITH THE MOST NORTHERLY CORNER OF
THAT CERTAIN GENERAL UTILITY AND ACCESS EASEMENT AS GRANTED AND
SHOWN ON SAID PARCEL MAP NO. 19958; THENCE CONTINUING, NORTH
05°51'45" EAST 136.10 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE WESTERLY AND HAVING A RADIUS OF 628.00 FEET; THENCE
NORTHERLY, 53.39 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
04°52'15" TO THE POINT OF TERMINUS.
B\:l\C^cMj t. /^fr&U DATE: 0V "2-^/Of
RONALD E. ROTH, PLS 5506 'f
(EXPIRES 09-30-08)
EXHIBIT 'B'
CARLSBAD TRACT
CT 00-08
MAP NO, 14800
LOT 19
MS 04-19\
LEGAL DESCRIPTION:
BEING A PORTION OF PARCEL 2 OF CITY OF
CARLSBAD MS 04-19A ACCORDING TO PARCEL MAP
NO. 19958.
BASIS OF BEARINGS:
THE BASIS OF BEARINGS FOR THIS PLAT IS A PORTION
OF THE EASTERLY LINE OF PARCEL 2 PER PM 19958
H05'5r45"E
LEGEND:
PM 19958
T.P.O.B.
p.ac.
P.O.T.
(R)
INDICATES PORTION OF ACCESS RIGHTS
IN AND TO EL FUERTE STREET PER MAP
NO. 14600 VACATED HEREON.
INDICATES TRUE POINT OF BEGINNING
INDICATES POINT OF COMMENCEMENT
INDICATES POINT OF TERMINUS
INDICATES RADIAL ^iA/&
PCL
CARLSBAD TRACT
CT 00-08
MAP NO, 14800
LOT 20
PROJECT DESIGN CONSULTANTS
Planning I Landscape Architecture I Environmental I Engineering I Survey
701 BStiMt, Sufe 800
6182364471 TW
SwDfegaCA 92101
819.234.0348 F«
RONALD £ ROTH
LICENSE EXPIRES 9/30/2008
ACCESS RIGHT RELINQUISHMENT VACATION
CITY OF CARLSBAD
DATE
PR 07-35
SHEET10F2
APPLICANT:
PRS Acquisition & Constr.
12750 High Bluff Drive,
Suite 200
Son Diego, CA 92130
P: \3336\MAPPING\PLA TS\3336_PA 13_ACCESS-RELINQ-ABANDON.dw<j Apr 23, 2007
EXHIBIT 'B'
CARLSBAD TRACT
CT 00-06
MAP NO. 14800
LOT 19
fr*20.00' D-OTWtt
r.p.oa
EXISTING
GENERAL UTILITY
& ACCESS EASEMENT
PER PM 19958
J7'
ACCESS RIGHT REUNOUISHUENT VACATION
CITY OF CARLSBAD PR 07-35
SHEET 2 Of 2
APPLICANT:
PRS Acquisition A Constr.
2750 A^ft Bluff Drive,
Suite 200
Son Diego, CA 92130
P: \JJJ6 \MAPPtNG\PLATS\3336_PA 13_ACCESS~RELINQ~ABANDON.dw<i Jul 03, 2007