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Home My WebLink About2007-07-17; City Council; Resolution 2007-1821 RESOLUTION NO. 2007-182 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, DECLARING THE INTENTION TO VACATE A PORTION OF EMBARCADERO LANE AND SETTING 4 A PUBLIC HEARING. 5 WHEREAS, Poinsettia Commons LLC, a Delaware Limited Liability Company, owners of 6 property described as Lot 5 of Carlsbad Tract No. 97-10, Poinsettia Properties, according to 7 Map Thereof No. 13785, filed in the Office of the County Recorder of San Diego County on g May 21,1999, has filed an application to vacate a portion of Embarcadero Lane; and WHEREAS, the Planning Commission on January 5th, 2005, adopted Planning9 Commission Resolution No. 5806 recommending that the City Council approve a tentative tract10 map, Carlsbad Tract No. 04-11, for the Poinsettia Commons project; and 11 WHEREAS, the City Council did on February 2, 2005 consider said recommendation 12 and adopted Resolution No. 2005-030 approving Carlsbad Tract No. 04-11 for Poinsettia 13 Commons; and 14 WHEREAS, the tentative tract map of Carlsbad Tract CT 04-11 contemplated the 15 vacation of a portion of Embarcadero Lane; and 16 WHEREAS, a final map for CT 04-11 is currently being processed and all necessary 17 improvements will be secured prior to recordation of a resolution of vacation; and 12 WHEREAS, the City Engineer has determined that this portion of Embarcadero Lane is not needed for present or future street purposes; andi y WHEREAS, this street vacation is conditioned upon the applicant agreeing to install and post the appropriate securities for a private street to replace said vacated portion of 21 Embarcadero Lane, all to the satisfaction of the City Engineer; and 22 WHEREAS, this street vacation is conditioned upon the property owner, Poinsettia 23 *Commons LLC, a Delaware Limited Liability Company, granting rights of pedestrian and vehicular access easements over said private street for the benefit of all lots within Carlsbad 25 Tract No. 00-16, according to map thereof No. 14407, filed in the Office of the County Recorder 26 of San Diego County, June 19, 2002 and Lot 4 of Carlsbad Tract No. 97-10, according to map 27 thereof No. 13785, filed in the Office of the County Recorder of San Diego County, May 21, 28 1999; and 1 WHEREAS, the proposed vacation is in accordance with the Growth Management 2 Policies and is consistent with the General Plan of the City. 3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 4 California, as follows: 5 1. That the above recitations are true and correct. 6 2. It is Council's said intention to vacate, for public street purposes, a portion of Embarcadero Lane as described in Exhibit "A" and shown for the sake of clarity on Exhibit "B". 3. It also shall be Council's said intention to conduct the proceedings for this street 8 vacation under the California Streets and Highways Code, Division 9, Part 3, Chapter 3. 9 4. A public hearing shall be held at the City Council Chambers at 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m., on August 7, 2007 for all persons interested in 11 or objecting to said proposed vacation. 12 5. The City Clerk is instructed to publish this resolution of intention in the local 13 newspaper and the City Engineer is instructed to post such notices along the site in accordance * 14 with the California Streets and Highways Code. 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 17th day of July, 2007, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ATTEST: . WOO City Clerk^,,,se 28 EXHIBIT "A" LEGAL DESCRIPTION FOR STREET VACATION STV 06-06 A PORTION OF EMBARCADERO LANE, 60.00 FEET IN WIDTH, GRANTED PER DOCUMENT NO. 2002—0033832 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 15, 2002, BEING IN LOT 5 OF CARLSBAD TRACT NO. 97-10, POINSETTIA PROPERTIES, ACCORDING TO MAP THEREOF NO. 13785, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 21, 1999, ALL BEING IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTIONS OF AVENIDA ENCINAS, 84.00 FEET IN WIDTH AND SAID EMBARCADERO LANE; THENCE SOUTHERLY ALONG THE CENTERLINE OF SAID EMBARCADERO LANE, SOUTH 00°38'35" WEST (SOUTH 00°38'04" WEST - RECORD) 42.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF SAID AVENIDA ENCINAS AND THE TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY, SOUTH 89°20'16" EAST (SOUTH 89°20'47" EAST - RECORD) 55.00 FEET TO A POINT OF CUSP WITH A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHWESTERLY, 39.28 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°01'09"; THENCE TANGENT FROM SAID CURVE, SOUTH 00°38'35" WEST 24.89 FEET (SOUTH 00°38'04" WEST 24.91' - RECORD) TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 170.00 FEET; THENCE SOUTHERLY, 107.57 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36°15'19" (36°15'14" - RECORD); THENCE TANGENT FROM SAID CURVE, SOUTH 35°36'44" EAST 59.23 FEET (SOUTH 35°37'10" EAST 59.25' - RECORD) TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 230.00 FEET; THENCE SOUTHERLY, 60.84 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15°09'18" TO THE MOST WESTERLY CORNER OF LOT 4 OF SAID MAP NO. 13785; THENCE TANGENT FROM SAID CURVE AND ALONG THE WESTERLY LINE OF SAID LOT 4, SOUTH 20°27'26" EAST 469.74 FEET (SOUTH 20°27'52" EAST 469.80' - RECORD) TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHEASTERLY, 29.07 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 83°17'07" (83°17'24" - RECORD); THENCE NON-TANGENT FROM SAID CURVE, SOUTH 36°06'38" WEST 93.06 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID LOT 5, SAID POINT ALSO BEING THE COTERMINOUS OF THE SOUTHWESTERLY AND SOUTHEASTERLY RIGHTS-OF-WAY OF SAID EMBARCADERO LANE; THENCE NORTHERLY ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY, NORTH 20°27'26" WEST 540.87 FEET (NORTH 20°27'52" WEST 540.94' - RECORD) TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 170.00 FEET; THENCE NORTHERLY, 44.97 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15°09'18"; THENCE TANGENT FROM SAID CURVE, NORTH 35°36'44" WEST 59.23 FEET (NORTH Page 1 of 2 7 35°37'10" WEST 59.25' - RECORD) TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 230.00 FEET; THENCE NORTHERLY, 145.54 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36°15'19" (36°15'14" 145.53' - RECORD); THENCE TANGENT FROM SAID CURVE, NORTH 00°38'35" 24.93 FEET (NORTH 00°38'04" EAST 24.94' - RECORD) TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE NORTHWESTERLY, 39.26 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89°58'51" TO THE SOUTHERLY RIGHT-OF-WAY OF SAID AVENIDA ENCINAS; THENCE EASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY, SOUTH 89°20'16" EAST (SOUTH 89°20'47" EAST - RECORD) 55.00 FEET TO THE TRUE POINT OF BEGINNING, CONTAINS 1.126 ACRES, MORE OR LESS DATE: RONALD E. ROTH, PLS 5506 (MY LICENSE EXPIRES 09-30-08) Page 2 of 2 8 EXHIBIT "B1 BASIS OF BEARINGS: THE BASIS OP BEARINGS FOR THIS MAP IS THE CALIFORNIA COORDINATE SYSTEM ZONE 6, EPOCH 1991.35 MEASUREMENTS TO POINTS "A" AND "B" ARE SHOWN HEREON. "A" AND "B" ARE ADJUSTED TO G.P.S. STATION 135 AND G.P.S. STATION 136 PER RECORD OF SURVEY NO. 17271. I.E. NORTH 20'27'26" WEST QUOTED BEARINGS FROM REFERENCE MAPS MAY OR MAY NOT BE IN TERMS OF SAID SYSTEM. THE COMBINED SCALE FACTOR AT POINT "A" IS 0.99996473 GRID DISTANCE = GROUND DISTANCE x COMBINED SCALE FACTOR. ALL MEASURED DISTANCES SHOWN HEREON ARE GROUND DISTANCES. THE MAPPING ANGLE AT POINT "A" IS -0'35'11.56" LEGEND: P.O.C. T.P.O.B. (R) PORTION OF EMBARCADERO LANE VACATED HEREON AREA = 1.126 ACRES EXISTING LOT LINES INDICATES POINT OF COMMENCEMENT INDICATES TRUE POINT OF BEGINNING INDICATES RADIAL BEARING INDICATES RECORD DATA PER DOCUMENT NO. 2002-0033832 RECORDED JANUARY 15, 2002 O.R. »* mat VICINITY MAP NO SCALE LEGAL DESCRIPTION: A PORTION OF EMBARCADERO LANE, 60.00 FEET IN WIDTH, GRANTED PER DOCUMENT NO. 2002-0033832 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 15, 2002 ENGINEER OF WORK: PROJECT DESIGN CONSULTANTS 701 B STREET, SUITE 800 SAN DIEGO, CA 92101 (619) 235-6471 RONALD E. ROTH LS. 5506 MY LICENSE EXPIRES 9-30-08 STREET VACATION - CITY OF CARLSBAD STV 06-06 SHEET 1 OF 2 APPLICANT: POINSETTIA COMMONS LLC 949 SOUTH COAST DRIVE SUITE 400 COSTA MESA, CA 92626 APPROVED BY: ROBERT T. JOHNSON, JR., ACTING CITY ENGINEER RCE 28515 REGISTRATION EXPIRES MARCH 31, 2008 P: \3153\UAPPING\PLATS\3153 STR VAC.dwg Jan 23, 2007 »!->»EXHIBIT B (NOO'38'04"E 24.94 NOO'38'35"E 24.93 \<l \ A=36-15'W \ R=230.00' \ L=145.54' \ (L=145.53') 24.91') 24.89' A=36-15'19" (A=36-15'14") R=170.00' I L=W7.57' ~ r(N35'37'10"W 59.25') N35'36'44"W 59.23', V (N35'37'10"W 59.25') N35'36'44"W 59.23'* LOT A=15V9'18" R=170.00' L=44.97' H 5 >A=15V9'18" R=230.00' L=60.84' \ LOT 4 \ 30' UNE LI BEARING (N89"20'47"W)NsgWWw LENGTH 110.00' "LS8AD NBErri MAP NO, TRACT NO, 97-10 PROPERTIES 13785 CURVE C1 C2 C2 DELTA 89-58'Sr 90W09" S'SI '22" RADIUS 25.00' 25.00' 642.00' LENGTH 39.26' 39.28' 99.23' CO. 4 \\ PORTION OF EMBARCADERO LANE GRANTED PER DOC. NO. 2002-0033832 RECORDED 1-15-02 O.R. TO REMAIN- (A=8317'24") A=8317'07" R=20.00' POINT "A"- IDENTICAL' POINTS STREET VACATION-CITY OF CARLSBAD STV 06-06 SHEET 2 OF 2 APPLICANT: POINSETTIA COMMONS LLC 949 SOUTH COAST DRIVE SUITE 400 COSTA MESA, CA 92626 APPROVED BY: ROBERT T. JOHNSON, JR., ACTING CITY ENGINEER RCE 33069 REGISTRATION EXPIRES JUNE 30, 2008 P: \3153\UAPPING\PLATS\3153 STR VAC.dwg .inn ?*It)